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cause_n court_n ecclesiastical_a law_n 3,228 5 5.4374 4 true
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A45083 Humble proposals to the Parliament now assembled whereby the profession of the civil law may be used in certain cases to the great ease and benefit of the people : without looking back to Episcopacy or any thing that is abolished, or making any use of the Pope's law commonly called The Canon law or taking away any thing from the Common law, and in a perfect compliance with this present government. 1656 (1656) Wing H3600; ESTC R28932 3,795 12

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no maintenance or uses her with more cruelty then can be endured In which case the duty of cohabitation may be taken off and the Husband may be enjoyned to allow the Wife Alimony and maintenance to such proportion as his Estate can bear Of these severall Cases the Civil Law has alwaies had the Conisance the Common Law never did pretend to any of them The Chancery has by special orders of late ordered Alimony but that was because the Ecclesiastical Courts were abolished and was intended only to serve for a present supply of justice till a perfect settlement could be made which now wee hope for 6. Causes of Legacies given by last Wills and Testaments of Money Goods Chattels or other personall Estate not of Lands or any Freehold which is recoverable only at Common Law Since the fall of Ecclesiastical Jurisdiction these Causes have been pro tempore put into severall hands to judge them but intended for a present supply of justice only and not to remain any longer there then till a more perfect settlement could be made by Parliament 7. Causes of Tithes for so long time as that kinde of maintenance shall be kept up excepting the Tithe of Corn and Hay which is recoverable at Common Law by Treble dammages For the recovery hereof since the taking away of the Ecclesiastical Power to prevent a failer of justice several Orders have been made and directions given to order them by other hands but intended to endure no longer then till a perfect settlement should be made 8. Repairs of Churches and the payment of Rates towards them together with the keeping up of Parsonage and Vicatidge houses which were constantly ordered by the Courts of the Civil Law and never otherwise But only of late some orders were made in them as in other Cases above mentioned for supply of justice for the present to prevent imminent and daily mischiefs These are the few Cases that the Civilians are Petitioners for to exercise their Profession in throughout the several Countreys of this Common-wealth In order to which they pray 1. That any Act or Bill that shall be brought into the Parliament for the setling of these Cases or any of them in any Judicatory in the Countrey may have a Clause or a Proviso in it That the said Cases shall be tryed and judged by Civilians and by the Rules of the Civil Law as formerly they have been 2. That such a Coercive Power may be granted to the Judges thereof as may be sufficient to make men appear to answer in the said several and respective Cases and to do and perform what shall be adjudg'd therein that their keeping of Courts may not be in vain 3. That if any shall finde themselves aggrieved by any final and diffinitive judgement that shall be given upon the whole matter and would run the hazard of a second Trial they may have liberty to appeal to the Lord Protector in the High Court of Chancery and the Cause to be tryed by a Commission of Delegates in such manner as alwaies formerly has been This may seem burthensome that all Appeals should be to London But the difficulty and charge thereof will be such a check to contentious spirits that but upon weighty and just grounds and in matters of moment men will not be so easily tempted to appeal as they will when the charge is light and the trouble not so great Which Cases except they be ' setled upon the Professors of the Civil Law thereby to employ themselves in and to keep that learning on foot still so useful for all Maritime affairs and publique Negotiations with forein States that learning will be irrecoverably lost for ever and one whole calling that the youth of this Nation was heretofore bred in and advanced by will be quite taken away for other means of preserving it will not be found in a practicall way which only can make it useful to this Common-wealth THE END