A Practical Treatise On the Ecclesiastical Courts Relating to Probates And Admi
A Practical Treatise On the Ecclesiastical Courts Relating to Probates And Admi
Robert Swan
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First, they have the same Court of Audience with the Bishops, nor is the appeal from them to the Bishops, but to those to whom the appeal is made from the Bishops themselves. Nor yet is it so in others, who are not olffcial principals ; such as officials for foreign parts, who are deputed even for the decision of causes of all descriptions, in a certain part of a diocese. But from these others the appeal must be to the Bishop himself. And they differ also in this, that the official principals a...re ordinaries, but the others are delegates. " The same principles are laid down by Ayliffe (c). If it is said that the appeal from the Commissaries of the Archdeaconries has, according to the practice of late years, been to the Archbishop, and not to the (a) Linwood, 80, note. (c) Ayliffe, Par. 76, 163; 1 {!)) Ibid, 106, note. Oughton, 404, title, 274. 70 commissaries' courts. Bishop ; such practice has so obtained a footing in violation of the ancient laws and ancient practice regu- lating such appeals, and in opposition to the principles at present laid down for ascertaining to whom an appeal should be made ; for if the visitation and appeal go together, the appeal from the Commissaries of the Archdeaconries in the diocese of Lincoln must be to the Bishop, it being incontrovertibly clear that the Bishop has always exercised, and still exercises his right of visitation in the Commissaryships.
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