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Updated: June 21, 2025
When he had taken his ground on a sullen plea of not guilty which threw the blame upon his Lord, it was natural that he should endeavour to justify himself and fortify his position by specific averments of hard treatment; but the essence of his answer lies all in his first words, "I knew thee hard." The meaning cannot be mistaken here.
The act of accusation contained many general charges, and many averments of particular facts, supposed to substantiate them.
Tradition, which sometimes brings down truth that history has let slip, but is oftener the wild babble of the time, such as was formerly spoken at the fireside and now congeals in newspapers, tradition is responsible for all contrary averments. In Colonel Pyncheon's funeral sermon, which was printed, and is still extant, the Rev. Mr.
He was entreated not to perjure himself to the injury of innocent people, dead or alive, ‘by making and forging of lies.’ He renewed his protestations of truth, asked Mr. Galloway to pray for him, wept, and repeated his averments. On August 12 Sprot was tried and hanged at Edinburgh. He renewed his protestations from every corner of the scaffold, in the most vigorous language.
If we are to unqualifiedly accept the averments of the captain's affidavit we should come to the conclusion that Marie's nature and disposition were woefully transformed when she could legally designate herself, "Mrs. Captain Oliver P. Hazard." She then discovered "a jealous disposition" and "an ungovernable temper."
The state of the Roman criminal jurisdiction at this period, exhibited some resemblances to the administration of civil remedies in England at the time when the English Courts of Common Law had not as yet introduced those fictitious averments into their writs which enabled them to trespass on each other's peculiar province.
This interview took place the day following the Sheriff's letter partially denying the charges to the Governor, and the latter was not disposed to take any action in the matter until proof of the accuracy of the averments was produced, although the facts which were alleged had become widely known.
But, whilst he spoke, Doe, urged on by his own impetuous feelings, had cut the thong from his wrists, and was even proceeding to divide those that bound his ankles, disregarding all his protestations and averments, or perhaps drowning them in his own eager exclamations of "The gal, captain, the word, jist one word!" when a dozen or more savages burst into the hut, and sprang upon the Virginian, yelling, cursing, and flourishing their knives and hatchets, as if they would have torn him to pieces on the spot.
That it is the province of the jury, in informations and indictments for libels, to try nothing more than the fact of the composing and of the publishing averments and innuendoes is a doctrine held at present by all the judges of the King's Bench, probably by most of the judges of the kingdom.
If, then, it shall be found that their direct teachings and their numerous references to the works of Nature harmonize with the averments of science in this age of its greatest achievements still more, if it shall appear that the different sciences, unknown when they were written, strongly corroborate their teachings, direct and indirect, it will be difficult for candid minds to resist the conviction that their origin is Divine.
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