Page:The English Reports v1 1900.pdf/1480

In the year 1681, Dr. Bartholomew Vigors obtained a grant of the deanery from the crown; and afterwards prevailed on the then archbishop, to collate him to the rectory of Armagh, as belonging to the archbishop, in right of his fee.

In 1690, Dr. Vigors being promoted to the bishopric of Leighlin and Ferns, Dr. Peter Drelincourt obtained from the crown a donation of the deanery of Armagh, and was also instituted and inducted to the church in question, though there was no formal collation of him: he, however, enjoyed the rectory with the deanery for 31 years, it being never doubted in all that time, but that the crown intended he should enjoy the rectory as well as the deanery, or that he was well and legally possessed of them.

In January 1721, bishop Vigors died, and in March following, Dr. Drelincourt died in quiet possession of both these preferments.

In May 1722, Thomas, then lord archbishop of Armagh, collated the plaintiff Whaley to the rectory of Armagh, to which he was immediately after inducted: and much about the same time, or not long after, the Reverend Mr. Richard Daniel obtained a patent from the crown, granting to him the deanery of Armagh.

In Michaelmas term 1724, a writ of quare impedit was brought against the present plaintiffs in the King's Bench in Ireland, in the name of his majesty; and the attorney general set forth in the declaration, that the archbishop being patron of the rectory of [508] Armagh, and it becoming vacant by the promotion of Dr. Vigors in 1690, and continuing vacant from that time to the time of the declaration, by reason of the said promotion, it belonged to his majesty to present, etc.

The archbishop, in his plea, admitted himself to he patron of the rectory, and that it became void by the promotion of Dr. Vigors; by which means it belonged to their majesties King William and Queen Mary to present to the rectory for that turn: but then he said further, that King William and Queen Mary, in the 3d year of their reign, granted to Dr. Drelincourt the deanery of Armagh, with all its rights, members, and appurtenances, together with all lands, tenements, tithes, profits, commodities, jurisdictions, emoluments, and advantages whatsoever to the said deanery belonging, in as full force and beneficial manner, to all intents and purposes, as the said Bartholomew Vigors the late dean, or any other person before held and enjoyed the same; and that by virtue of these letters patent, the said Drelincourt was admitted, instituted, and put in possession of the said church, as a member of the deanery aforesaid; and that he held and enjoyed the said church till his death.—Then he set forth the succession of archbishops, to Thomas the last archbishop of Armagh, and the death of Dr. Vigors, on whose promotion the vacancy happened, and of Drelincourt, whereby it belonged to the said Thomas late archbishop of Armagh, to collate to the said rectory, and that he collated the plaintiff Whaley. And then followed an averment of the plea.

The other plaintiff Mr. Whaley pleaded, that he was parson imparsonee of the aforesaid church of Armagh, of the collation of Thomas late archbishop of Armagh, and confessed the avoidance of the church by the promotion of Dr. Vigors to the bishoprics of Leighlin and Ferns; but then he said, that King William and Queen Mary presented Peter Drelincourt, clerk, to the church in question, and that he was upon that presentation admitted, instituted, and inducted to the said church, Then he set forth the succession of archbishops, to Thomas late archbishop of Armagh, and the death of Vigors and Drelincourt at the times above specified; absque hoc, that the church continued void by the promotion of Vigors, as set forth in the declaration.

Mr. Attorney General demurred to the archbishop's plea, and the archbishop joined in demurrer; and as to Mr. Whaley's plea, he replied, that King William and Queen Mary did not present Drelincourt to the rectory of Armagh, as was alledged by the plea; and concluded to the contrary.

To this replication the plaintiff Mr. Whaley demurred, and the attorney general joined in demurrer.

The case upon the pleadings was this: the king being patron of the deanery of Armagh, and the archbishop patron of the rectory of Armagh, and both having become vacant by the promotion of Dr. Vigors, who was both dean and rector, to the bishoprics of Ferns and Leighlin, the king having a right to dispose as well of [509] the rectory for that turn, as of the deanery, granted to Peter Drelincount the deanery, with all its rights, members, and appurtenances, tithes, advantages, etc. And the then archbishop taking this to be a presentation to, or gift of the rectory by the crown, as it was probably intended, instituted Dr. Drelincourt into the rectory; and he was accordingly