56 Head of the Church. [Ch. V. as where the object is to deprive ecclesiastical persons for offences against the canons [a). The proceedings of the Dele- gates must be according to the ecclesiastical laws ; wherefore a suit before them does not abate by the death of either of the parties (6) ; and if they exceed their authority, or proceed in matters not properly within their conusance, they may be pro- hibited by the Courts of Law (c). The statute 25 Hen. 8. c. 19. s. 4. enacts, it will have been remarked, that the sentence of the Delegates shall be defini- tive, and that no further appeal shall be had from them, and consequently no appeal lies even to the House of Lords (d). It is however settled, that after a sentence of the Delegates, the King liiay by his prerogative, on petition to him in Coun- cil, grant a Commission of Review under the Great Seal, appointing new or adding more to the former judges, to revise, review, and rehear the cause ; and such Commissioners may reverse the sentence of the Delegates ; for, as observed by Sir Edward Coke {e the statute does not expressly restrain the King in this respect, and after a definitive sentence the Pope used to grant a Commission, ad revidendum, and such autho- rity as the Pope had, claiming as supreme head of the Church, of right belongs to the Crown, and is annexed (or rather re- annexed) thereunto, by the statutes 26 Hen. 8. c. 1. and 1 El. c. L However, the granting a Commission of Review is mat- ter of discretion and not of right ; and if it be a hard case, as where issue might be bastardized, the Chancellor will advise the Crown not to grant it (f), Wliere the King is interested, an appeal to him in Chancery would be absurd ; and therefore the party grieved " may ap- peal to the spiritual prelates and other abbots and priors of the upper house, assembled and convocate by the King's writ in the convocation being, or next ensuing within the province or provinces where the matter of contention is or shall be (a) 4 Inst. 340. 2 Cro. 37. Mo. Eccl. Law, tit. Appeal. 2 Bac. Ab.. 755. St. 1 El. c. 1. s. 18. 1 Wooddn. tit. of the Ecclesiastical Courts, A. 10. V. L. 77. 3 Bla. Com. 67. There is sometimes a (Z») Ventr. 133. 2 Lev. 6. Cro. Jac. clause in the Commission of Review to 483. admit other allegations and new matter, (c) Moor. 462, 3. Latch. 85, 86, and to take proofs thereupon, as well 229. Gibs. 1037. on the one part as on the other. 1 (rf) 2 Veni. 118. Ought. 437. (e) 4 Io5^t. 341. Moor. 463, 781. (/) 2 P. Wms. 299. 3 Bla. Com. Dyer. 273. Lit. Rej). 232. 1 Burn, 67. * begun,
