The Express.
London, England, 1850-05-28 00:00:00

mud *moo report should be observed, sad serried iato
a•eutioa, sad that the sail's bad boss remitted ageordingly,
sid rust the official pa pal el the Arehse is pro-
s/odic, to cagey that report sad noommenda-
ties ism menial and that the bishop has been
toned with maniacs" to Mara the letters latest
of the presenta s. ice of the said 0. C. Gorham, and that
she bishop was aeiviod that b bleserty lad no authority le
melba politica to the of the plky
watt cal that the PAM esalinittat had as peen to
oweelfier nth matter thereof, we make any repose or Mine
stemiatien erms, and that her Melon, had ao nossW to
make the ceder in sound], mad that the Arebbishap- 001 a
turban has ao power, either by himself, or to authsolue rag
sae to admit, iestitute, and induct the said 0. CI. iledw
sod that judgment of the Dean of the Oint b
ICU in forge as •• valid joderreent, and that the iota
set aware that hir. Corbels was entitled to gra
ere the Lau est forth Is the affidavit, ma the asonnit •
whisk ski peekibitioa is prayed an, that eh geed
the of the Dun of the Arches la this mirk
tho Qnta in council, or, in other words, to the
anmillee of the Privy Comma, bat that the spina ben
fb illiblattat of the Dian of the Arches lay to the Upper
ism of Cnvocieion This goortion dined, upon the sew
Menstien of a statute made and petard in the 23th of Henry
Till. cap. 19. which statute mast be construed in connexion
with the 24:h of linty VIII. cap. 12. By the 24th of
Wary VIII. sap. 12, it was provided that appeals in nets-
eluded imams ware forbidden to be made to Rome in the
Meese of men mentioned, and were required to be made to
the tram& of the res.= as tbereiothaentioned; and by seat.
9 It wee UMW that, in case any of this clams sea-
dosed Anti touch the king, the p
sadarty &mid
appeal to the Upper House of Coanstatilla, the de termi-
anion of the said Upper Hone of Owned= appertsiainey
to the King shosli be taken fag • hal &ease, sever altar to
sense to be debated or examined is -ay other court or courts.
By the 25th of Henry VIII., esp. 19, entitled the " submit-
sin of the clergy and restraint of appeals," it is meted
by see. 3 that after the day therein named no manna of see
peels should be made out of the realm in any sane Cr matter
havieg their commencement in any court within the mho
lei what nature, eouditioa, or quality SO•Ter; bat that all
ninon of appeals, of what nature or condition men
they should be of, and what raw or winter
men they concens, alienist be made, aid bad after
such manner, form, and condition as was limited
to appeals in the causes menticaed in the statute of
the 24th of Henry VIII. and mording to the form sad
sCret of that statute. By settles 4it is enacted that for lack
of justice at or in the courts of the archbishop of this realm
or in any of the king's dominion it should be lawful for the
party to towel to the Kieft in Chancery, and that a cora-
messlon should thereupon issue to cortain persons to hear end
de ermine the same, area wholes determination should be de-
deities and no (artier appeal should be had. By the Bth
minion it wee provided that all appeals thereafter to fished or
taken from abbotts, priors, &c., of houses and pleas exempt in
each eases u they would in tonnes times makt an immediate
appeal to the Pops of Rome, in all sash menthe party should
have the right to appeal to the King in Chancery in lake
manner and farm as before was used in appealing to the see
of Rome. The present applieaticm dose not relate to a mos
within either cf the enumerated classes of cassia the statute I
of the 24th of Henry VIII., bat refers to so appeal en-
scribed and regulated by the 25th of Henry VIII., end this
application mainly depends upon the construction of the
latterthuntioned statute, and two principal questions in the
ease to be considered an—first, whether the 9th section o'
the statute of the 24th of Henry VIII., which enacts that
say ease within either of the enumerated classes of cases
which shall touch the King, the spinal shall be
male to the Upper House of Convocation; and
also, whether the 21:h of Henry VIII. is to
control the statute of the 25th of Henry VIII., and if it
should be found that this is the correct construction of the
statute of the 25th, the the second question will arise, vie.,
whether this is a case which touches the Queen. la eon-
s deriag the question whether the 9th section of the statute
ef the 24:h of Henry VIII. ought to be deemed to be intorno-
rated in and t 3 confetti theststate of the 25th of Henry
it is to be (than red that where it was intendelby the statute
of the 24th of Henry VIII. to make a distinction I. the
mane to to pursued on appeals in OWN which should touch
the King, from that which was to he partneri in all other
eases. It was den* in express terms by the 9.h teatime of that
statute, and that provision, its view or motive, it was admitted,
could not have beau out of it ind in framing the statute of the
25th of Henry VIII. Further It is to be noted that
the third toction of the 25th of Henry VIII. is
altogether general or universal in its terms, the tersessa
"appeals of whto nature or condition stover they
sr what cause or matter never they should clams.
be made after such manner, form, and condition as bed bee
limit .d for appeals in eases mentioned in the 24th of Hoary
VIII., and according to the terms and effect of that eta-
tato." The words is this section, which are relied upon as
having 4.0 glint of iaterpreting by implication that which
bad been enacted by distinct expressions in the farmer
statute, via , the appeal to the convocation in matters which
touth the Kit g, ere the following :—" After such manner,
foam, and condition as is limited for appeals to be prosecuted
by the statute of the 24t3 Henry VIII.' It is, therefore, to be
ascertained, first, what was " the manner and form" limited
for appeals by the statute of the 24th Heary Vlll. These words
" la manner and form," found in the 6th section of the ate
tut., in liming the appeals, are thus used : " They (that is
the parties to venom the appeal is to be given) should and
may from henceforth take, have, and use their appeals
within this realm, and not elsewhere, in manner and as
hereafter ensastli, that is to say." Ts* statute then
proceeds to state in substusee that all appeals from
the archdeacon an to be made to the bishop, mid
if c on:minced before the bishop, then within 16 days to
archbiet op, ald then to be d•fin'tiv.ly adjudged If'
commenced before the archdeacon or the commissary of any
archbishop, then within 15 days to the Court of the Arches
or audience of the archbishop, and from the Court of Arches
to the archbiehop, there to be definiinly determined.
These provisions ore inserted in the printed statute as three
sec ions, but they are in troth part ut the 6th section, sad
indicate the respective modes of appeal, ant they give
I the mode in which the appeals referred to in the 6th entice
are to be respectively made. In a subsequent modes
preceded by distinct words of enactment is a provision "that
any case within the enumerated classes which should be
commend before an archbishop should bs finally deter-
mined there." Thea follows the 9tb section, also preceded
by exprca. and distinct words of enactment, in which an
appeal is pins to the convocation in cases in whi.th the King
is touched. Tao meaner and form mentioned in the 24th
of Henry VIII. would not appear to have reference to the
appeal given in suits which touch the King. The word
emblem tomtit,' to be considered. This word " condi-
tion " is to be found also in the statute of the 24th of
Henry VIII., and reference to that statute for its taming
(proper in any case as being the language of a statute in
put mated') becomes mote important on this occasion,
as the statutes are ancient and the language not that of
modern legislation. The 2nd section of that statute, titer
enacting that the cases therein mentioned should be
date rmiced within the king's jurisdiction and not else-
where, proceeds to state that the suOject should be deter.
mit eel in such ct torts spiritual and temporal as the natures,
" conditions," and guslitith of the cues and matters should
require. The word condition there is not used in the more
common setae of " restriction" or " qualifiution " but in
that of " character," "state," cr " quality ;" and ihe object
of i.s introduction is obviously rather to mplify than to
qualify the cal r language. And at here we think that the
word condition in this 3rd section of the 25th of Healey VIII.
had reference to the character and nature of the ease to
which the enactment was directed, and that it did not point
at any restriction or exception in the cose of the crown. It
wool t seem, therefor*, that the words " meaner" and
" form" and " condition" in the 3rd section of the 25th of
Henry VIII. were intended to interpret the manner and
pronging in appeals in general indicated by the
former statute, boat as to time end ether meow-
stances, but aot to re-enact • particular prod ion
in that statute distinct from the ritual manner and form
of appeals, to which these words nude no particular refer-
ence. At any rats the words may be thus construed. It is
a conotruction which satisfies, if it doss not exhaust them;
and in this use it may be doubted whether we are at liberty
to gin them a been signifleation, in conformity wi,h the
ruli of Itw which requires that Use crown should be touched
if at all by express words. But this ensstion we are not
celled upon to decide, for we are of opinion that the section
which follows explained by the usage in metal cues pre-
cludes any reasonable doubt. The 4th notion enacts in
general terms that for " lack in any of the courts of the
archbishop it should be lawful for the parties merstrieved to
tarp( al to the king is Chancery. Whereupon
the commission therein motioned was to iglus to
determine the same. There seems no ground to
authorise a court of law in considering this
sect' n, to nitrate so important a restriction or condi-
tion on It sa that untended for, there being nothing ambi-
guous in the language of the statute itself, nor coy reference
to extrinsic matters from which such an intention can
reasonably be implied. To adopt the construction contended
would be to decide that an enactment distinct and without
dispute in itself is to be controlled and limited by the more
then Oonbtful implication to be drawn from a previous sec-
tion, and this in respect of the crown, whose prerogative it
is raid is net to be effected by doubtful weeds or intendment.
Thor& are some other considerations which throw light upon
this conclusion. Tee sixth section provides that tpp:als from
the jurisdiction of abbots, priors, and other heads tad ml-
el. t, rs and governors of other bones in places exempt, which
before the statute parsed might be made immediately to Rome, I
should thereafter ha made to the King in chancery, in like
manner as they Ind been used before to be made to the see
of lino, the appeals to be determined by the like COMMIS-
don as before mentioned. This Intim is also tree from any
exception in appeals touching the king, and it does not seem
nuonable to suppose that, if &Rook to the conva Atlas were
to bs made in eases touching the king wider the 3rd end 4th
setting, they would not have been equally ~bliged to ap-
ptr.torsielnbctnhyneth..6,lBllc.hleocstaticootirnot.o, and that it would have been referred
het:tad:awn sappeathersutnththoof
He
~usurvthvatutlhe.
cep. 19, which applies to the appeal that is to he isad• in
these caws le, that the appeal in
to bs madeto the Que car
's
under
that statute
in which
the oet a
ut
tohuocrhi
tystouhfcehth
ecrsaotpwalittanati;l
un la cmncil, whether the case
thainelledappethariseast.,
sottish,
reel or
unshdaelrl
roperly'rer reed
to the judicial committee . f the privy coun.ll. In order to
lee t
•
thors
hdee
thoughtseatr svi centsf
t lab atea een
nditht Inantr supporttagight
ascertain h,
rlion'hfho ilt vd beenp
aye oughte
ews pawing
ot.,aget presented
111
rg eti ro,t :
ion ee° °"hni ga
appeals':
of the stoute, in
cases touching the crown, and we tied that the course and
prat' ice has been uniform, and that appeals in cases touching
the crown have bees male to the King In Chancery, or the
King in council, and detonated by the e tort of delicate',
and after due inquiry and investigation, no ins enc.. has been
described of an appeal In such cases to the convocation,
and at mid made to at that no such instances can be