brown case bishop OF Kildare plaintiff archbishop OF dublin defendant in error  d April Mews dig v but see church discipline Act Vict c clergy discipline Act  Vict c Harrison v archbishop of Dublin bro p c and these case explain by Lord  Coleridge l c I in Martin v Mackonochie Q b d at p a c see also in the matter  of the dean of York Q b where a archbishop have a right to visit a dean and  chapter the manner of his visitation be not so material as to lie a ground for  a prohibition because any error or defect in the manner of visit may be remedy  by appeal the plaintiff in error bring his original action upon a prohibition  in the court of common plea in Ireland and therein declare that all Deans and  chapter be of royal foundation ought by the law of Ireland to be govern accord  to the rule express in the charter by which they be find and to be visit by  the chancellor of Ireland or the king commissioner to be appoint 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 cite by any such  archbishop or bishop at their ordinary visitation That no royal donative ought  to be visit by any archbishop or ecclesiastical person have ordinary  jurisdiction by virtue of such ordinary jurisdiction That the priory of the  church of the holy Trinity Dublin be a ancient priory and of royal foundation  and that the church of the holy Trinity Dublin be also of royal  foundation That king Henry VIII be seize in fee in right of his crown of  Ireland of the say priory and of all the land tenement and hereditament belong  thereto by his letter patent date the that day of may in the d year of his  reign do transpose and change the say 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 discharge the say prior and nine canon  of the say priory as well from their rule as habit and enable they to purchase  to themselves and their heir and the heir of each of they land tenement and  hereditament as well spiritual as temporal and that they shall be repute for  secular presbyter and constitute the prior dean one of the canon chanter  another chancellor another treasurer and the six other vicar choral in the  same church and incorporate the dean chanter chancellor treasurer and vicar  choral and their successor by the name of the dean and chapter of the  cathedral church of the holy Trinity Dublin and give the say chapter power to  assign what land tenement and profit of the say church each of they shall have  with other clause relate to their order and government save to the king his  heir and successor the nomination donation and instalment of the dean chanter  chancellor and treasurer and their successors That king Philip and queen mary  by their letter patent in the first and second year of their reign recite that  king Edward VI by his letter patent grant that the officer of the say church  shall be increase to the number of six presbyter and two chorister boy to  serve during his pleasure and grant certain pension to each of the say  minister brown and chorister during his pleasure do grant that the say six  presbyter and two chorister shall continue for ever and that the dean and  chapter of the say metropolitan church of the holy Trinity Dublin shall have  the name of the six presbyter and two chorister and of all other inferior  officer in the say church that king James I by his letter patent bear date the  that day of June in the second year of his reign do constitute the say church  of the holy Trinity Dublin to be the cathedral church of the holy Trinity  Dublin and change the say vicar choral into canonical prebendary and the six  presbyter into six vicar choral and appoint the say cathedral church to  consist of one dean one chanter one chancellor one treasurer three canonical  prebendary six vicar choral and four little chorister and constitute certain  person by name dean chanter chancellor and treasurer and three prebendary  videlicet of saint Michael in Dublin saint Michael brown er p juxta Dublin and  saint John in Dublin and incorporate they by the name of the dean and chapter  of the cathedral church of the holy Trinity Dublin with other proper clause of  incorporation and grant and confirm to the dean and chapter and their  successor as well the cathedral church as all the land rectory etcetera which  ancient belong to the say priory and that the say dean chanter chancellor  treasurer and three prebendary may each of they live more decent and  convenient in his degree and dignity separate he assign to the dean several  land to the chanter other land to the treasurer other land and to each of the  several prebendary other distinct land and that every one for himself shall  distinct and separate have and enjoy all the land hereditament and possession  as well spiritual as temporal to he and his successor separate as before  assign and that he may sue and be sue in whatsoever court and before  whatsoever judge or justice in all cause action suit and demand several  concern the same That by virtue of these letter patent the say dean and  chapter be a body politic and have all along exercise the power to they give  without any intromission of any archbishop of Dublin that the Deanery of the  holy Trinity Dublin late become vacant by the translation of the late bishop  of Kildare and dean of the say church which Deanery the say late bishop of  Kildare hold in commendam to the fee of Meath That queen Ann by letter patent  date the d of September in the four year of her reign make the plaintiff dean  of the say church by virtue of which say letter patent the plaintiff be make  dean of the say church and have ever since enjoy all the right and privilege  by the say letter patent granted That the cognizance of royal grant belong to  the king and his court and not to the ecclesiastical Courts That the  archbishop to aggrieve the plaintiff implead he as dean of the say church of  the holy Trinity Dublin in the court Christian in causan visit regular Self  archbishop within his diocese as archbishop of Dublin brown under pretence of  a contempt in not appear in the say visitation of the say archbishop and duly  undergo the same the defendant crave oyer of the say several letter patent and  the same be set forth verbatim by which it appear that in the letter patent  grant by king Henry VIII it be further contain that the say king do further  will and declare that the say cathedral church shall be the archiepiscopal  seat of Dublin as it before be and use to be prohibit nevertheless the then  archbishop of Dublin and his successor that he or his successor shall presume  to exercise other ordinary jurisdiction or authority than the same archbishop  former use to exercise there while it be a priory he then plead that the  archbishopric of Dublin be a ancient archbishopric and that the church of the  holy Trinity Dublin be a ancient church within the diocese of Dublin and time  out of mind be the cathedral church of that archbishopric and that the say  priory be a ancient priory in which priory live the canon of the order of  saint victor and of the regulation of saint Austin under one prior observe  canonical rule and do divine service that the say prior and canon time out of  mind until their say translation into a dean and chapter by king Henry VIII  and the say dean and chapter ever since be the chapter of the archbishop of  Dublin for the time being That the defendant and all his predecessor  archbishop of Dublin time out of mind by their ordinary jurisdiction have  visit the say prior and canon till the say translation and the say dean and  chapter ever since as often as there have be occasion that the say defendant  then and yet be archbishop of Dublin on the that of march at saint sepulchre  within the diocese of Dublin in the county of Dublin do decree to hold a  visitation ordinary of the say dean and chapter in the chapter house of the  say dean and chapter situate within the say cathedral church of Dublin and be  the usual place for hold such visitation on the that of April accord to law  and accord to the manner and custom aforesaid and the plaintiff in error then  and yet be dean of the cathedral church of the holy Trinity Dublin be  afterward on the that of march duly summon and cite that the defendant on the  say that of April between the hour of ten and eleven in the forenoon be the  usual hour for make such visitation come to the western door of the say  cathedral church be the usual place where the dean prebendary and other  officer as often as they have notice of such visitation use to wait the come  of brown er p the archbishop and be the usual door and passage by which the  archbishop use to go to the say chapter house but that the say door be shut at  the time of the defendant come to they and no other passage to the say chapter  house be open so that the defendant though he be ready and try by all lawful  mean can not enter and go to the say chapter house to make his say visitation  there whereupon the defendant begin and hold his say visitation brown ordinary  of the say dean and chapter at the say western door of the say church be  within the diocese of Dublin and though the plaintiff be duly summon as  aforesaid and cite to appear and undergo the say visitation ordinary as be  usual and be solemnly call yet he do not appear nor will undergo the say  visitation and thereupon the archbishop pronounce he contumacious in his say  visitation on the say that of April because there be no passage open for the  say archbishop to make his say visitation in the chapter house and because the  defendant do not appear at the say visitation and that then the archbishop  prorogue his visitation to saint Patrick church Dublin be within the diocese  of Dublin where such proceed be have as in the declaration set four as be  lawful for the say archbishop to do and then the defendant conclude his plea  with a traverse or denial that the say priory be of royal foundation to this  plea the plaintiff demurrer special and for cause of demurrer show that the  defendant traverse a immaterial matter not traversable that the traverse be  ill take that the matter in the plea do not answer the matter contain in the  plaintiff declaration and that the several prorogation of the pretend  visitation and proceed in the plea allege be invalid and not legal the  defendant join in demurrer and after several argument judgement be give for  the defendant that he shall have a writ of consultation whereupon the  plaintiff bring a writ of error in the court of king bench in Ireland and  after several argument the judgement of the common plea be affirm in the say  court of king bench the plaintiff afterward bring a writ of error in the court  of king bench in England where after several argument both the former  judgement be affirm and now to reverse all the judgement the plaintiff bring a  writ of error in parliament insist I Darnall f not that the matter in  controversy upon the prohibition be proper whether the king or the archbishop  have the right of visitation of this dean and chapter and to that purpose  whether this chapter as create model and form into a dean and chapter by the  charter of Henry VIII Philip and mary and James I and which give they the very  land on which they subsist be not now to be deem on this record as a corporate  body of royal foundation for if so it be apprehend that the king and not the  archbishop be proper visitor and therefore the principal matter in question as  to the visitatorial power be whether the dean and chapter be or be not find of  royal bounty but to avoid this question the archbishop will by his traverse  introduce another question in no sort material to the case videlicet whether  the monastery or priory be find of royal bounty so that it be apprehend the  traverse in the plea be manifest ill and well demurrer to by the plaintiff  that if the king be visitor of this chapter as of royal foundation then the  dean be right brown in refuse obedience to the archbishop usurp power of  visitation in prejudice of the king power as visitor consequent the proceed of  the archbishop in his court to censure the dean as contumacious for such  refusal of his usurp power be unjust institute there and therefore the court  of commonlaw in Ireland ought to have prohibit such suit and give judgement  against the archbishop in favour of the king power on the other side it be  contend p York t reeve that there be no colour to say that the translation  into a dean and chapter make by king Henry VIII cause this church to become a  royal foundation the effect of that be only to discharge the prior and canon  from rule and habit and to change they from regular into secular clergy but  all matter in respect of visitation remain just as before and the archbishop  may do everything after the letter patent of translation which he can have do  before that if this be so then the only material fact allege in the  declaration to exempt the dean from the visitation of the archbishop be that  the priory be of royal foundation and this the archbishop have traverse in his  plea I e deny it so as to put it in issue to be try but which trial the  plaintiff brown er p have by demurrer decline that this traverse be take upon  the only fact in the declaration material to the point of the cause must be  good or else the declaration be nought in either of which case it be apprehend  the judgement ought to be affirm that if the archbishop have a right to visit  the dean and chapter the manner of his visitation be not at all material in  this case because any error or defect in the manner of visitation may be  remedy by appeal and be no foundation for a prohibition it be therefore pray  on behalf of the archbishop that the say several judgement may be affirm with  exemplary cost accord after hear counsel on this writ of error it be order and  adjudge that the judgement give in the court of king bench in England affirm a  judgement give in the court of king bench in Ireland which affirm a judgement  give in the court of common plea there shall be affirm and that the record  shall be remit to the say court of king bench in England and it be further  order that the plaintiff shall pay to the defendant the sum of pound for his  cost sustain by reason of bring the say writ of error jour vol p