I FIrst and principally, they do declare, That they hove so far razed out of their thoughts any power, whether Civil or Eclesiastical, that has been abolish­ed, and do so little intend the use of the Canon Law, and least of all to abridge the Common Law in any thing, that they are very willing, that in any Act that shall be made for the exercise of their Profession, some such clauses may be inserted, whereby the people of this Nation may be satisfied in these particulars;

• 1. That it is done for the continuance of the study of the Civil Law only, that is so useful for determining mat­ters done upon the Sea, correspondence with forein Na­tions, and publick Transactions both of Peace and War.
• [Page 4] 2. That all their proceedings shall go in the name and style of the present Government, and stamp'd with such inscription and seal, as shall be allowed.
• 3. That it shall not be lawful for any, either Judge or Advocate of that Profession, to vouch or cite in Court for authority any part of the Canon Law, nor any Ecclesia­stical Law heretofore of use in this Nation, but shall vouch the Civil Law only.
• 4. That if in the cases permitted them to exercise their Profession in, there be any Law of the Nation expresse in the case, no Judge or Advocate shall presume to cite the Civil Law to the contrary, but shall leave it to be decided by the established Law of the Nation.
• 5. That thereby nothing is intended to be granted to the Civilians, that by any Act of Parliament, or the ancient usages of this Nation has belonged to the conisance of the Common Law.

II Secondly, They do so perfectly desire to conform to the desires of the several Countreys of this Common-wealth, to have justice administred within the Countrey without com­ming to London, that as to the doing of justice in the cases hereunder mentioned, they shall be ready to serve them in such places of the Countrey as the Parliament shall appoint, as formerly they did, though under another capacity and notion then heretofore.

III Thirdly, They do not aime to grasp or reach at any thing which has not alwaies belonged unto them heretofore, or which any other Court or Law can challenge; but do justly hope, that what they Petition for, shall be continued in them, because they have a certain rule for those cases in the Civil Law, and the Common Law has none.

IV Fourthly, The several matters that they desire to exercise their profession in, are none of them Papal or Episcopal, but such as will commonly happen amongst the people under this present Government, and which all well ordered States, for the quiet and satisfaction of the people, do provide for.

[Page 5] These things being premised, the matters whereof they desire to have the conisance and trial in the several Countreys, are these ensuing;

1 Probats of Wills, as to personal Estate only.

This has alwaies undeniably belonged unto the Courts of the Civil Law only.

2. Granting of Administrations, where persons dye intestate, and without any Will.

3. To call for Inventaries and Accounts upon them.

Of these two there has never been any question neither.

4. Distribution of Portions out of the Goods and Personal Estate of such as shall dye without any Will made, amongst Wife, Children, or Kindred.

Of this there hath been some question made, whether the Courts of the Civil Law might do it or no; and the Courts at Westminster have sometimes sent Prohibitions to stop them from proceeding to execute any such power. But yet they never undertook to distribute Portions themselves, nor have, or pretend to have any Rules for it. And in cases where Prohibitions have not come (as not one in a hundred Cases has) distributions have been constantly for many Ages practised by the Courts of the Civil Law. That therefore there is a ne­cessity to settle them finally somewhere, and rather in the Civil Law then any were else: there be these Rea­sons;

• 1. Because the Common Law for want of Rule and practise, cannot order them, nor ever did.
• [Page 6] 2. Because the Civil Law has certain Rules for them in every Case, the Cases whereof are very ma­ny, and some very difficult.
• 3. Because else the Administrator, that gets the Administration, after debts paid, will keep all the rest to himselfe, though there be never so many as near of Kin as he; and so it may happen, that the eldest son that has all the Land, by getting Ad­ministration, may have all the Goods too, and the rest of the children have nothing out of their Fathers Estate to keep them; for if a Prohibiti­on come, the younger children are without any remedy.
• 4. Because this matter of Distributions is but an appendant or accessory to Administrations, and there­fore it is requisite, that both should be decided by one and the same Judicatory. And if practise and knowledge may make out to any a Title to them; the Civilians have most to say for themselves, being alwaies practised, and having most skill in them both.

5. Causes of Mariage, Divorce, and Alimony.

Of the first there will be use, when two persons have by formal promise each to other contracted them­selves in mariage, so that nothing is wanting to make them Man and Wife, but the ceremony of marying, and yet the one denies such promise, or re­fuses to perform it, or happily maries another man or woman.

This may be so setled, as not to intrench or derogate from the late Act of Mariages, if that be thought fit to continue of force still; for the so­lemnity of Marying may still be the same, as that Act appointeth, This new intended provision is but to supply those Cases, which that Act has [Page 7] declared nothing in. Besides, the subjects hereby shall have but a double remedy, leaving them to go to the Justices or Sessions, or to this new Ju­dicatory; But where the complaint is first entied, it shall be a Bar to hinder the other from pro­ceeding.

Of the second, namely, Divorces, there is use, when two persons marry one another, that for near kindred or alliance, or some other Legal impediment, are not capa­ble to intermary; or when one maried person is quite forsaken by the other, and is not heard of in many years, and is reported to be dead; or when such irre­concilable enmity is hapned between them, that they may be better severed as to cohabitation, then permit­ted to live together.

That of Alimony is useful, when the Husband will live asunder from his Wife, and yet will allow her 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.

[Page 8] 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.

[Page 9] 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 [Page 10] 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.