Volume 25, Page 233 View pdf image (33K) |
Proceedings of the Council of Maryland, 1707. 233
no Bishops Courts Settled His the Governour as Keeper Lib. C. B. of the great Seale might Decree the woman driven from her husband propter Saevitiam resonable Estovers p tempore, thô with great Diference and respect to the Ld Diocess he has not thought fitt to Intermeddle with any order of Divorce a mensa There: Tothill cites Severall Decrees for Divorces p. 104 made in Chancery in Henry the 8ths time and Queen Elizabeth. Jnter Tyrrell & uxr & al fol. 124. And Sheppards Epito As sures this is the only proper place for a woman being Turned of by her husband to sue for Alymony & that it can be done no where Elce phapps it may be objected that in this Case the wife was not turned off by her husband who denies not her returne yet if by his cruelty he has driven her from him, I know not how driving cann amount to less then turning his horse out of his pasture nay it is rather more. And since 1 observe that appeales in Spiritual are made from the Arch Bishop to the King in Supremâ Cur. Cancellar I think these are Sufficient Inducements for his Exncys Sentence against Thomas Macnemara And should a Single Justice even of the Degree of the Chief take upon him Solely to Judge of the Iurisdiction and Decrees of the Court of Chan cery Who would ever think it worth their while to apply to that Court to remitt the Rigour of the Comon Law or any otherwise releive them, to no purpose. As to Keebles Reps cited by Mr Smithson, I have not the book neither do I know the Case but have good reason to think that his Quotation of the Stat. 16 K: C: Chap. 10. is a presumption very ill grounded and upon a very crooked opinion which must needs spend it Self before the End be attained, for that nothing in this case can be pretended within that Statute. The want of Courage as well as Integrity are certainly the Deepest blemishes and Irreparable Defects in a Councellour On the other hand and Ignorance weigh as heavy, and certainly lead to all confusion and Sorrow at the last, but p. 105 where there is Prudence which my Lord Cook directs us to find with the patient Nullum Numen abest. Upon hearing whereof the board unanimously declared they were Satisfied with his Exncys proceedings and did thinke the bayling of Thomas Macnemara by Mr Justice Smithson to have been Extrajudiciall and illegall. And thereupon his Exncy and the board ordered the Cleark of the Councill to write to Colonel Smithson that his health permitting he should not faile to attend at the next Councill in order to give them Satisfaction herein.
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Volume 25, Page 233 View pdf image (33K) |
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