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Updated: May 5, 2025
The miserable death of the said Grimwood was, as John Foxe saith thus: That WHEN HE WAS IN HIS LABOUR, STAKING UP A GOSSE OF CORN, HAVING HIS HEALTH, AND FEARING NO PERIL, SUDDENLY HIS BOWELS FELL OUT OF HIS BODY, AND IMMEDIATELY MOST MISERABLY HE DIED. Now it so fell out that in the reign of Elizabeth, one Prit* became parson of the parish where the said Grimwood dwelt, and preaching against perjury, being not acquainted with his parishioners, cited the said story of Foxe, and it happened that Grimwood being alive, and in the said church, he brought an action upon the case, against the parson, but Judge Anderson, who sate at the Assizes in the county of Suffolk, did adjudge it not maintainable, because it was not spoken maliciously."
This second part of the operation, which, as before observed, is essentially a process of interpretation, will be resolvable into a syllogism or a series of syllogisms, the majors of which will be general propositions embracing whole classes of cases; every one of which propositions must be true in all its extent, if the argument is maintainable.
The care which the defendant took in this case was not enough, and, therefore, he had no doubt that this action was maintainable. The jury would judge what damages they ought to give. He would refer this to their feelings. They could not avoid commiserating the distress of the family of this poor man.
1 This action is maintainable only where the robbery is attended with wrongful intention; consequently, if a man by mistake thought that property was his own, and, in his ignorance of law, forcibly carried it off in the belief that it was lawful for an owner to take away, even by force, a thing belonging to himself from a person in whose possession it was, he cannot be held liable to this action; and similarly on principle he would not in such a case be suable for theft.
But this is only the most rudimentary view of the matter. An abstract and indefeasible right of insurrection may exist, maintainable in any and every case; and yet a particular instance of insurrection maybe foolish, wicked, and altogether worthy of ruin and extinction.
A train of reflection and rejoicing not easily exhausted, and readily, by simple transposition, maintainable for an indefinite period.
We may, or it is possible to assert that we may, be under this miserable necessity, that we cannot speak undiluted truth; truth and falsehood are, it is perhaps maintainable, so intricately blended in the world that discrimination is impossible.
The analogy may not be closely maintainable throughout, but, generally speaking, just as the eyes of Englishmen suddenly saw the possibilities of expansion disclosed to them by Drake, Raleigh, and Frobisher, so the Emperor's appeals, with the pursuance of German colonial policy and the attempt to develop Germany's African possessions, led to an awakening in Germany of a similar, if weaker, kind.
Hayne's doctrine was "not maintainable, because, first, the General Government is not a party to the compact, but a Government established by it, and vested by it with the powers of trying and deciding doubtful questions; and secondly, because, if the Constitution be regarded as a compact, not one State only, but all the States are parties to that compact, and one can have no right to fix upon it her own peculiar construction."
That the action was not maintainable on the ground of malice, as against the parson, may have been true, but Foxe cannot reasonably be acquitted, for although he went into Suffolk professedly to investigate the matter, he never made any alteration in his story in subsequent editions, and the very latest impression of the Acts and Monuments perpetuates the lie and slander.
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