and, to make an end of his meal, fell to work upon the hay-band: the boat, being eaten from its moorings, floated down the river, with the bull in it: it struck against a rock; beat a hole in the bottom of the boat, and tossed the bull overboard; whereupon the owner of the bull brought his action against the boat, for running away with the bull. The owner of the boat brought his action against the bull for running away with the

   boat. And thus notice of trial was given, Bullum

    versus

   Boatum, Boatum

    versus

   Bullum.

   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 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."

   The counsel for the boat observed that the bull should be nonsuited, because, in his declaration, he had not specified what colour he was of; for thus wisely, and thus learnedly, spoke the counsel.—"My Lord, if the bull was of no colour, he must be of some colour; and, if he was not of any colour, what colour could the bull be of?" I over-ruled this motion myself, by observing the bull was a white bull, and that white is no colour: besides, as I told my brethren, they should not trouble their heads to talk of colour in the law, for the law can colour any thing. 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.

   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

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