Page:Prerogatives of the Crown.djvu/75

 Ch. v.] Head of the Church. 55, On the same principles, the King was at common law, and is, the ultimate judge and dernier resort in ecclesiastical causes, though he does not exercise this jurisdiction in per- son (fl). By the statute 25 Hen. 8. c. 19. it is declared, that " For lack of justice, at or in any the Courts of the Archbishops of this realm, or in any the King's dominions, it shall be law- ful to the parties grieved to appeal to the King*s Majesty in the King's Court of Chancery, and that upon every such appeal, a Commission shall be directed under the Great Seal, to such persons as shall be named by the King, like as in case of appeal from the Admiral's Court, to hear and definitively de- termine such appeals, and the causes concerning the same ; which Commissioners, so by the King to be named or ap- pointed, shall have full power and authority to hear and defi- nitively determine every such appeal with the causes, and all circumstances concerning the same ; and that such judgment and sentence as the said Commissioners shall make and decree in and upon any sucii appeal, shall be good and effectual, and also definitive ; and no further appeals to be had or made from the said Commissioners for the same." Upon this statute is considered that the appeal does not lie from a local visitor, nor in any case of a temporal nature [b). The Commission is granted on petition, (which may be pre- ferred by a person who is not an original party in the cause, if he be interested) (c), to the Lord Chancellor, who appoints the Commissioners or Delegates (c?). These Commissioners, who may be laymen as well as ecclesiastics (^), have power to reverse or affirm the sentence of the inferior Court ; but have no original jurisdiction, that is, a jurisdiction not by way of appeal, as to grant administration, &c (J ). There are, however, some instances in which the Commissioners appoint- ed by the King seem to possess an original jurisdiction, as where the Archbishop himself is interested, in which c^se the Commissioners may begin the suit; or in similar cases (^), (a) 1 Wooddn. V. L. 77. 1 Rla. (<?) Comp. Inciimb. 56. 1 Burn, Com. 280. Eccl. I^w, 61. (A) Wats. ch. 6. 4 Inst. 340. Moore, (/) Latch. 85. 2 Bulstr. 2. 782. (g) 1 Oughton's Ordo Judiciorum, (c) 1 Atk. 298. 61. 1 Burn, Eccl. Law, title Appeal, (rf) r.ac. Tracts, 294. 61. as