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An invitation to be present when the ex parte testimony was taken was not extended to me, and I am therefore ignorant of the tenor of it, and cannot distinguish the portion thrown out from that which was accepted.
Who so thynketh my wrytynge dull and blont And wolde conceyve the colours purperate Of Rethoryke, go he to tria sunt And to Galfryde the poete laureate To Janneus a clerke of grete estate Within the fyrst parte of his gramer boke Of this mater there groundely may he loke.
It has an authority which the spoken words of its keeper never had. It is 'ex parte', and it cannot be cross-examined. The supposition is that being contemporaneous with the events spoken of, it must be true, and that it is an honest record.
But the Detectio of George Buchanan in other words a complete ex parte statement of the case against Mary, including the contents of the Casket Letters was published. The effect was seen when a new Parliament met in May. The people of England believed with an absolute conviction in the truth of the whole indictment against the Scots Queen.
Sect. 14. 3. I call to mind another logical maxim: Sublata una parte, tolitur totum. An essential part being taken away, totum essentiale is taken away also. In like manner, an integrant part being taken away, totum integrum cannot remain behind.
Till I had discovered the art of destroying the memory a parte post, without injury to its future operations, and without detriment to the judgment, I should suppress the request as premature; and therefore, however much I may wish to be read with an unprejudiced mind, I do not presume to state it as a necessary condition.
In the course of his speech Mr. Rousseau quoted what he had said on one occasion to an official of the Freedmen's Bureau: "I said to him, 'if you intend to arrest white people on the ex parte statements of negroes, and hold them to suit your convenience for trial, and fine and imprison them, then I say that I oppose you; and if you should so arrest and punish me, I would kill you when you set me at liberty; and I think that you would do the same to a man who would treat you in that way, if you are the man I think you are, and the man you ought to be to fill your position here."
Vie piu che indarno da riva si parte, Perche non toma tal qual ei si move, Chi pesca per lo vero e noil ha l' arte." DANTE, "Paradiso," Canto XIII. The elements of Catholic philosophy may no longer be looked upon as out of place in the education of our girls, or as being reserved for the use of learned women and girlish oddities.
In the moneth of Aprill, 1614, with two Ships from London, of a few Marchants, I chanced to arriue in New-England, a parte of Ameryca, at the Ile of Monahiggan, in 43-1/2 of northerly latitude: our plot was there to take Whales and make tryalls of a Myne of Gold and Copper.
It may, in urgent cases admitting of no delay, be issued ex parte, but ordinarily the defendant is notified and has an opportunity for a summary hearing, either orally or on affidavits, before action is taken.
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