A Lecture on Heads

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Seite 93 - it was a cause that came before me. The cause was as follows : — There were two farmers : Farmer A. and Farmer B. Farmer A. was seized or possessed of a bull : Farmer B. was seized or possessed of a ferry-boat. Now, the owner of the ferry-boat, having made his boat fast to a post on shore, with a piece of hay, twisted rope-fashion, or, as we say, vulgo...
Seite 95 - ... bull could no more run away with the boat than a man in a coach may be said to run away with the horses; therefore, my lord, how can we punish what is not punishable? How can we eat what is not eatable? or how can we drink what is not drinkable? Or, as the law says, how can we think on what is not thinkable ? Therefore, my lord, as we are counsel in this cause for the bull, if the jury should bring the bull in guilty, the jury would be guilty of a bull.
Seite 92 - Law is also like a scolding wife, very bad when it follows us. Law is like a new fashion, people are bewitched to get into it; it is also like bad weather, most people are glad when they get out of it. We shall now mention a cause, called " Bullum versus Boatum "; it was a cause that came before me.
Seite 96 - This cause being afterwards left to a reference, upon the award, both bull and boat were acquitted, it being proved that the tide of the river carried them both away ; upon which I gave it as my opinion, that, as the tide of the river carried both bull and boat away, both bull and boat had a good action against the water-bailiff.
Seite 92 - Law is like a book of surgery, there are a great many terrible cases in it. It is also like physic, they that take the least of it are best off. Law is like a homely gentlewoman, very well to follow.
Seite 96 - ... and boat away, both bull and boat had a good action against the water-bailiff. My opinion being taken, an action was issued, and, upon the traverse, this point of law arose, How, wherefore, and whether, why, when, and what, whatsoever, whereas, and whereby, as the boat was not a compos mentis evidence, how could an oath be administered ? That point was soon settled by Boatum's attorney declaring that, for his client, he would swear anything.
Seite 97 - Bolus ;" that is, not turbots alone, but turbots and soles both together. But now comes the nicety of the law ; the law is as nice as a new-laid egg, and not to be understood by addle-headed people. Bullum and Boatum mentioned both...
Seite 95 - ... anything. This cause being afterwards left to a reference, upon the award, both bull and boat were acquitted, it being proved that the tide of the river carried them both away; upon which I gave it as my opinion, that, as the tide of the river carried both bull and boat away, both bull and boat had...
Seite 68 - ... verdict is always brought in manslaughter. The essence of the law is altercation, for the law can altercate, fulminate, deprecate, irritate, and go on at any rate. Now, the quintessence of the law has, according to its name, five parts : — The first, is the beginning, or...
Seite 95 - Now the counsel for the bull began with saying, " My Lord, and you, Gentlemen of the Jury, we are counsel in this cause for the bull. We are indicted for running away with the boat. Now, my Lord, we have heard of running horses, but never of running bulls before. Now, my Lord, the bull could no more run away with the boat, than a man in a coach may be said to run away with the horses : therefore, my Lord, how can we punish what is not punishable ? How can we eat what is not eatable ? Or, how can...

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