United States or Nigeria ? Vote for the TOP Country of the Week !
If such an excommunicate brought an action at law, the defendant could plead in bar the excommunication. The testimony of such a man was not admissible in court. Finally, he could not be buried in the parish churchyard nor could services be performed over his body. Burn, loc. cit., supra. See the case of Kenton v. Wallinger, 41 Eliz., Croke's Eliz. Rep., Leache's ed., Pt. ii, 838.
* P. 23, edited by the Camden Society. Sir George Croke's Reports, edited by Thomas Leach, ii. 91. London, 1790-92.
And it is not any plea in a detinue to say that he was robbed by one such; for he hath his remedy over by trespass, or appeal, to have them again." The above from Croke's report implies, what Lord Coke expressly says, that "to be kept, and to be kept safe, is all one," and both reports agree that the obligation was founded on the delivery alone.
Whatever doubts some of Croke's language might raise, standing alone, the fact remains indisputable, that for nearly a century from Woodlife's Case the liability of carriers for loss of goods, whether the custom of the realm or the defendant's common calling was alleged or not, was placed upon the authority and was intended to be decided on the principle of Southcote's Case. Symons v.
In Croke's report nothing is said of custom; but the declaration avers that the defendant was a common bargeman, that the plaintiff delivered him a portmanteau, &c. to carry, and paid him for it, and that the defendant tam negligenter custodivit, that it was taken from him by persons unknown, like the second count in Morse v. Slue, below. The plea was demurred to, and adjudged for the plaintiff.
Stephen had turned his smiling eyes towards his friend's face, flattered by his confidence and won over to sympathy by the speaker's simple accent. I was away all that day from my own place over in Buttevant. I don't know if you know where that is at a hurling match between the Croke's Own Boys and the Fearless Thurles and by God, Stevie, that was the hard fight.
Grindal's Inj. at York, 1571, Remains of Grindal, Parker Soc., 129. Or judge acting by delegation from the ordinary. Cf. Queen's Inj. of 1559, Art. xiv. Hale; Crim. Prec., 193. Cf. Also Whitgift's Articles of 1583, Cardwell, Doc. Canterbury Visit., xxv, 36. Cf. Canons of 1597: "De recusantibus et aliis excommunicatis publice denunciandis." Cardwell, Syn., i, 156. Also Croke's Eliz.
The inscription adds that Fielding "hunted from East Stour Farm in 1718." He would then be eleven years old! From the hitherto unpublished original, in the library of Alfred Huth, Esq. "Cro: Eliz." is the legal abbreviation for Justice Croke's law reports for the reign of Elizabeth. Champion, February 26, 1740. The Tryal of Colley Cibber, Comedian etc. 1740. Those of April 22, and April 29, 1740.
Word Of The Day