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II BROWN.
KILDARE (BISHOP OF). V. DUBLIN (ARCHBISHOP OF) [1724]

[179] Case 2.—Bishop of Kildare,—Plaintiff; Archbishop of Dublin,—Defendant (in Error) [23d April 1724].

[Mew's Dig. 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 v. 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 hereditaments 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 be 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 Vicars-choral, and their successors. by the name of the Dean and Chapter of the cathedral church of the Holy Trinity. Dublin; and gave the said Chapter power to assign what lands, tenements, and profits of the said church each of them should have; with other clauses relating to their orders and government, saving to the King, his heirs and successors, the nomination, donation, and instalment of the Dean, Chanter, Chancellor, and Treasurer, and their successors.—That King Philip and Queen Mary, by their letters patent, in the first and second years of their reign, reciting, that King Edward VI. by his letters patent. granted, that the officers of the said church should be increased to the number of six Presbyters, and two chorister boys, to serve during his pleasure, and granted certain pensions to each of the said ministers [180] and choristers during his pleasure; did grant that the said six Presbyters and two choristers should continue for ever; and that the Dean and Chapter of the said metropolitan church of the Holy Trinity, Dublin, should have the naming of the six Presbyters and two choristers, and of all other inferior officers in the said church.—That King James I. by his letters patent, bearing date the 12th day of June, in the second year of his reign, did constitute the said Church of the Holy Trinity, Dublin, to be the cathedral church of the Holy Trinity, Dublin, and changed the said Vicars-choral into canonical prebendaries, and the six Presbyters into six Vicars-choral; and appointed the said cathedral church to consist of one Dean, one Chanter, one Chancellor, one Treasurer, three canonical Prebendaries, six Vicars-choral. and four little Choristers; and constituted certain persons by name, Dean, Chanter, Chancellor, and Treasurer, and three Prebendaries, viz. of St. Michael, in Dublin, St. Michael

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