Pour le pl.Atkins apprentice pour le pl. moy semble que le pl. recovera.
And first of all it seemeth expedient to consider what is the nature of horses, and also what is the nature of colours; and so the argument will consequently divide itself in a twofold way, that is to say, the formal part, and substantial part. Horses are the substantial part, or thing bequeathed: black and white the formal or descriptive part.
Horse, in a physical sense, both import a certain quadrupede or four-footed animal, which by the apt and regular disposition of certain proper and convenient parts, is adapted, fitted and constituted for the use and need of man. Yea, so necessary and conducive was this animal conceived to be to the behoof of the commonweal, that sundry and divers acts of parliament have from time to time been made in favour of horses.
1st. Edw. VI. Makes the transporting of horses out of the kingdom, no less a penalty than the forfeiture of 40l.
2d and 3d Edward VI. Takes from horse-stealers the benefit of their clergy.
And the Statutes of the 27th and 32d of Hen. VIII. condescend so far as to take care of their very breed: These our wise anscestors prudently forseeing, that they could not better take care of their own posterity, than by also taking care of that of their horses.
And of so great esteem are horses in the eye of the common law, that when a Knight of the Bath committeth any great and enormous crime, his punishment is to have his spurs chopt off with a
