Bishop of Kildare, - -Plaintiff; Archbishop of Dublin, - Defendant (in Error)

• Jurisdiction: Ireland
• Judgment Date: 23 April 1724
• Date: 23 April 1724
• Court: House of Lords (Ireland)

English Reports Citation: 1 E.R. 872

House of Lords

Bishop of Kildare

--Plaintiff

Archbishop of Dublin,-Defendant (in Error)

Mew's Dig. v. 1197. But see Church Discipline Act, 1840 (3 & 4 Vict. c. 86); Clergy Discipline Act, 1892 (55 & 56 Vict. c. 32); Harrison 11. Archbishop of Dublin, 1713, 2 Bro. P. C. 199; and these cases explained by Lord Coleridge, L. C. J. in Martin v. Mackonochie, 1878, 4 Q. B. D. at p. 780; 6 A. C. 438. See also In the Matter of the Dean of York, 1841, 2 Q. B. 1, 13, 37.

Where an Archbishop has a right to visit a Dean and Chapter, the manner of his visitation is not so material as to lay a ground for a prohibition; because any error or defect in the manner of visiting, may be remedied by appeal.

II BROWN, KILDARE (BISHOP of) V. DUBLIN {ARCHBISHOP Off) [1724] [179] case 2.-bishop of K ilk are,--Plaintiff; archbishop of dublin,'- Defendant (in Error) [23d April 1724]. [Mew's Dig. v. 1197. But see Church Discipline Act, 1840 (3 & 4 Viet. c. 86); Clergy Discipline Act, 1892 (55 & 56 Viet. c. 32); Harrison 11. Archbishop of Dublin, 1713, 2 Bro. P. C. 199; and these cases explained by Lord Coleridge, L. C. J. in Martin v. Mackonochie, 1878, 4 Q. B. D. at p. 780 ; 6 A. C. 438. See also In the Matter of the Dean of York, 1841, 2 Q. B. 1, 13, 37.] [Where an Archbishop has a right to visit a Dean and Chapter, the manner of his visitation is not so material as to lay a ground for a prohibition; because any error or defect in the manner of visiting, may be remedied by appeal.] The plaintiff in error brought his original action upon a prohibition, in the Court of Common Pleas in Ireland; and therein declared, that all Deans and Chapters, being of royal foundation, ought, by the laws of Ireland, to be governed according to the rules expressed in the charters by which they are founded, and to be visited by the Chancellor of Ireland, or the King's Commissioners to be appointed in that behalf, and not otherwise, and ought not to be subject to the ordinary visitation of any Archbishop or Bishop of Ireland, nor to be cited by any such Archbishop or Bishop at their ordinary visitation.-That no royal donative ought to be visited by any Archbishop, or ecclesiastical person, having ordinary jurisdiction, by virtue of such ordinary jurisdiction.-That the priory of the church of the Holy Trinity, Dublin, was an ancient priory, and of royal foundation; and that the church of the Holy Trinity, Dublin, was also of royal foundation.-That King Henry VIII. being seised in fee, in right of his crown of Ireland, of the said priory, and of all the lands, tenements, and herelitaments belonging thereto, by his letters patent, dated the 10th day of May, in the 33d year of his reign did transpose and change the said priory and convent of the cathedral church of the Holy Trinity, Dublin, into a dean and chapter of the cathedral church of the Holy Trinity, Dublin ; and discharged the said prior, and nine canons of the said priory, as well from their rules as habit, and enabled them to purchase to themselves and their heirs, and the heirs of each of them, lands, tenements, and hereditaments, as well spiritual as temporal, and that they should bs reputed for secular Presbyters ; and constituted the Prior Dean, one of the Canons Chanter, another Chancellor, another Treasurer, and the six others Vicars-choral, in the same church ; and incorporated the Dean, Chanter, Chancellor, Treasurer, and...