Theophilus Harrison, - Plaintiff; Archbishop of Dublin, - Defendant (in Error)

• Jurisdiction: Ireland
• Judgment Date: 10 June 1713
• Date: 10 June 1713
• Court: House of Lords (Ireland)

English Reports Citation: 1 E.R. 885

House of Lords

Theophilus Harrison

-Plaintiff

Archbishop of Dublin,-Defendant (in Error)

Mew's Dig. v. 1199. Kildare v. Archbishop of Dublin, 2 Bro. P. C. 179,

and notes thereto.

Although a benefice is appropriated to a Prior, or a Dean and Chapter, yet the Bishop may visit, to see how the church is served, etc. and for contumacy, may proceed to suspension ab officio et beneficio.

CLERGY. case 1.-theophilus harrison,-Plaintiff'; archbishop of dublin,- Defendant (in Error) [10th June 1*713]. [Mew's Dig. v. 1199. Kildare v. Archbishop of Dublin, 2 Bro. P. C. 179, and notes thereto.] [Although a benefice is appropriated to a Prior, or a Dean and Chapter, yet the Bishop may visit, to see how the church is served, etc. and for contumacy, may proceed to suspension ab officio et beneficio.] 10 Mod. 68. Viner, vol. 3. p. 40. ca. 2. vol. 17. p. 244. note to ca. 2. The plaintiff declared in prohibition, that the priory of the Holy Trinity in Dublin was an ancient priory ; that the rectory of St. John in Dublin was appropriated to it at the time of the dissolution, or giving up, or renouncing, or relinquishing of the said priory, and long before ; and that the last prior was seised 'in fee thereof, in right of his priory.-That King Henry VIII. being seised in fee of the said priory, in right of his crown, and of all the lands and livings thereunto belonging, by letters patent dated the 10th of May, in the 33d year of his reign, transposed and changed the priory into a dean and chapter ; and made the prior Dean, one of the monks Precentor, another Chancellor, another Treasurer, and six others Vicars-choral; and incorporated them by the name of the Dean and Chapter of the cathedral church of the Holy Trinity, Dublin, with power to purchase and sue ; and gave them a common seal, and power to make bye-laws, to allot what possessions each was to have, and to choose Vicars on vacancies, and put them in actual possession, reserving to the King, his heirs and successors, the nomination, donation, and installation of the Dean, Precentor, Chancellor, and Treasurer, and their successors ; and granted them all manors, lands, advowsons, churches, rectories, and other hereditaments, as well spiritual as temporal, which belonged to the said late prior, in right of the cathedral church aforesaid.-That King Edward VI. by letters patent, augmented their number with six Presbyters, and two Choristers, during pleasure; and granted a pension to each of them for his subsistence. That King Philip and Queen Mary, by letters patent, dated the 20th of May, in the 1st and 2d year of their reign, made the six Presbyters and two Choristers perpetual, and made their stipend perpetual also; and granted, that the Dean and Chapter should have the nomination of them, and of all other inferior Ministers in the said church.-That King [200] James I. by letters patent, dated the 12th of June, in the 2d year of his reign, changed the six Vicars-choral into three prebendary Canons, and the six Presbyters into six Vicars-choral; he also named particularly, the persons to be then Dean, Precentor, Chancellor, Treasurer, and Prebendaries; and made John Albright Prebendary of St. Michael, Meredith Hanmer Prebendary of St. Michan, and Barnaby Bulger Prebendary of St. John. He then made them a corporation by the same name as before, and granted them de novo all the possessions which the Prior had, as fully and amply as they were in the hands of any of the said former Kings and Queens, by any title whatsoever ; and disposed of those possessions among the Members of that body politic, and more particularly he gave the church of St: Michael to the said John Albright, and his successors, Prebendaries of St. Michael; the rectory of St. Michan to the said Meredith Hanmer, and his successors, Prebendaries of St. Michan; and the rectory of St. John to the said Barnaby Bulger, and his successors, Prebendaries of St. John. And 885 II BROWN. HARRISON V. ARCHBISHOP OF DUBLIN [1713] he also granted, thatfall the Membersjof that body^should enjoy their several possessions as so assigned, separately to them and their successors, for ever; reserving nevertheless a power to the Dean and Chapter, to appoint what portion each Member, as well Prebendaries as others, should have of their possessions. And granted, that the Dean...