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Proceedings of the Council of Maryland, 1698-1731
Volume 25, Page 229   View pdf image (33K)
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    Proceedings of the Council of Maryland, 1707. 229

   

    not be granted by any Court but the Chancery in Vacation          Lib. C. B.

    time and by the other Courts in Terme time and on a Motion

    for the Same Shewing the reasons to the Court why it should

    be granted.

     2dly That an habeas Corpus grounded on said Statute may

    be returnable Imediately before the Judge or Judges that

    grant the same in Vacation time and such Judge or Judges

    may Judge of the Returne of such Writt and thereon bayle

    or remand the party to prison at discretion But an habeas

    Corpus at the Comon Law which was in use before the said

    Statute and still is to be returned to the Court in Terme time

    that all the Judges of such Court and not one only may Judge

    of such Returne and according thereto bayle or remand the

    party as to them it shall seem meet

       Not only by Approved English Authoritys former

    practice and presidents of Yor predessrs in this province and      p. 98

    the failure of Justice (if otherwise) on Bill petition or Suppli-

    cavit to Yor Exncy in Chancery by the wife on such reasons as

    to you it shall seem meet may allow her maintenance untill

    Cohabitation

   

   

          First by approved English Authoritys.

     Your Exncys power in the Court of Chancery is Extraordi

    nary and unlimitted in Cases of Equity bound to no rules

    certain thô unto discretion and is the fountain by which Jus

    tice is conveyed to the people on their necessitys and Com-

    plaints, i Hugh 398, and if any person supposes a wrong by

    the Decree of the Court of Chancery his only way is to peti

    tion the King in Parliament as in the Case of Sr Moyle Finch

    and the Earle of Worcester. That as Yor Excellencys power

    being so great and so much of Equity in the present Case

    Yor Exncys Jurisdiction and Authority in allowing Seperate

    maintenance seems to me uncontroulable knowing no reason

    why Yor EXnCY may not in the Court of Chancery here by

    decree force such allowance as well as the Court of Chancery

    in England which Tothill fol: 93: 94: 97 treating of the Court

    of Chanry in England says the wife may alone sue the husbd

    therein and Force him to give her Alymony and tht the

    Chancellr took Cognizance of such Case lately and plainly

    appears in the Case between Whorewood and whorewood

    Chan Repts 20: Vol: pag: and to go to the Iudgmt of the

    Iudges of the Comon Law in the Case of Manby and Scott

    in Sidfn 124, most of the Iudges of England were of opinion

    that the wife was not destitute of remedy in having necessarys

    for her maintenance of her husband, but might have it by the

    Comon Law of England in Chancery by Suplicavit as well

    as by the Comon Law.

   



 
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Proceedings of the Council of Maryland, 1698-1731
Volume 25, Page 229   View pdf image (33K)
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