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;

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.

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.

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.

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;

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 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.

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,

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.