APP. 43
semel in the same church. He appealed to the Archbishop, who confirmed the sentence; then he appealed to the King in Chancery; and pending this appeal, the King granted the Deanery to Turner; and upon the death of Edward VI., Goodman obtained a commission from Queen Mary to the delegates who restored him. Now, though the statute saith, that a sentence given by the delegates, shall be definitive; yet Turner obtained a commission of review from Queen Elizabeth, and the commissioners restored him, notwistanding Goodman objected against it as invalid, for the reason abovemention-ed; but the objection was over-ruled, because the Queen hath all that authority which the Pope had formerly as head of the Church; and as he granted commissions of review, therefore she may do it; not because he had done it by usurpation, but because this power was originally in the crown, to which it reverted as soon as the usurped power of the Pope was abrogated. But to proceed; all appeals to a court of delegates, and grounded on the statutes beforenientioned, must be upon suits begun and determined in the spiritual court, or in some court exempted from the jurisdiction of the Ordinary; for if the suit is before any spiritual commissioners, as that of Stephen Gardner was, who was deprived of his bishopric of Win ton, by ten commissioners appointed by Edward VI., in such case the appeal will not lie to the King in Chancery, so as for the Lord Keeper of course to grant a commission of delegates; but it must be to the King generally, as he is the supreme head of all ecclesiastical jurisdiction; and there must be a warrant under the sign manual, before he can grant a commission in such case. The said statutes allow an appeal from the Dean of the Arches to the Archbishop of the province, but do not mention in what court; and hence it has been a question, whether an appeal to him in Curia Prcerogativa sud de arcubus is good or not; and it was held, the appeal being to the Archbishop, those words in Curia Pr&ragativa are surplusage. There is another case in which appeals are allowed by that statute; and that is, if it concerns the king himself, then the party may appeal from any of the courts before mentioned, as from the arches or delegates to the upper house of convocation. These are the three