Page:Prerogatives of the Crown.djvu/96

 76 Fountain of Justice and Office. [Ch.VII. Sec.L determine any cause or judicial proceeding, but by the mouth of his judges (a), whose power is, however, only an emanation of the royal prerogative (b). The courts of justice, therefore, though they were originally instituted by royal power, and can only derive their foundation from the crown (c), have, respec- tively, gained a known and stated jurisdiction, and their deci- sions must be regulated by the certain and established rules of law (d). It necessarily follows, that even our Kings themselves cannot, without the express sanction of an Act of Parliament, grant any addition of jurisdiction to such courts {e) ; as, for instance, that the Court of King's Bench may determine a mere real action (jT ), nor authorize any one to hold them in a man- ner dissimilar to that established either by the common, or statute law of the law of the land {g). On this ground it has been determined, that a royal grant of a judicial office for life, which had been always granted only at will, is void {h). So, the King cannot grant a mere spiritual jurisdiction, as to or- dain, institute, &c. to a lay person, or exercise it himself, but must administer the spiritual law by bishops, as he does the common law by judges (/). Nor can his Majesty grant a com- mission to determine any matter of equity ; but it ought to be determined in the Court of Chancery, which has immemo- rially possessed a jurisdiction in such case (k). It is a still more important principle, that the King cannot, legally, au- thorize any court to proceed contrary to the English laws, or by any other rule (/). Therefore, commissions to seize goods, and imprison the bodies of all persons who shall be notoriously suspected of felonies and trespasses, without any indictment or (a) Ibid. 12 Co. 64. Bac. Ab. Courts, 2 Inst. 478. 4 lbid.125, 127, 163, 200. A, B. That the King though he may 1 Wooddn. 97. grant, cannot execute offices himself, (/) Ibid. see 5 Bac. Ab. 180, note in margin. (g) Ibid. 97, 8. 4 Inst. 163, 200,75. Co. Lit 3. b. Plowdcn. 381. 1 Sid. 2 Inst. 478. 3 Hawk. b. 2. c. 1. 37. s. 6. 305. As to taking the judges' opinion, (A) 4 Inst. 87. 1 Sid. 338. see Fortescue, R. 384 et subseq. (i) See Cro. El. 259, 314. (A) 1 Bla. Com. 24. (A) Hob. 63. 12 Co. Rep. 113. See (c) 1 Roi. Ab. 361. 2 Bac. Ab. 1 Wooddn. 188 to 190, and 97. Vice- Courts, A, B, page 9(3. As to Counties Chancellor's Act, 53 Geo. 3. c- 24. Palatinate, &.c. 2 Bac. Ab. 188. 1 {I) 2 Rol. Ab. 164. 2 Rush. App. Bla. Com. 117. See Ibid. 267. 77. 12 Co. 113. 2 Lev. 24. 2 lost. (rf) 3 Hawk. bk.2. ch. 1. sect. 4. page 73. 2 Ld. Raym. 1344. 3 Hawk, ubi 2. 2 Bac. Ab. 96. supra, 1 Wooddn. 97. CO Year Book, 6 Hen. 7. 4, b. 5, a. legal