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Proceedings of the Council of Maryland, 1698-1731
Volume 25, Page 233   View pdf image (33K)
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    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


      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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Proceedings of the Council of Maryland, 1698-1731
Volume 25, Page 233   View pdf image (33K)
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