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Confirmation to St. Patrick’s Cathedral Dublin of foundation &c. and especially the Constitution called dignitas decani &c.
variance between Micheal, Archbishop of Dublin, and Chapter, Phillip Norreys, Dean.
Variance between John, Archbishop, and John Allyn, Dean.
Appeal to the Pope.
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V. Also, at the request of the Commons. Inasmuch as the Cathedral Church of Saint Patrick of Dublin is of the King’s foundation and divers archbishops, namely John. Luke and Henry have confirmed and honourably endowed it with great possessions, liberties, statutes, ordinances, and lawful customs, which, at the instance of the aforesaid Henry, ware divers times by our Holy Father the Pope confirmed and formally ordained with 4 dignitaries and divers other canons of whom the dean for the time being is the immediate ordinary of them and of every of them and has the obedience, cure and jurisdiction of them and of all other ministers of the said church from beyond the time of memory, and especially according to a statute called “dignitas decani et oim canonicorum eat &c” which statute in effect provides that neither the dean nor any other canon in any manner of judicial cause or causes is to answer to the judgment or citation of the archbishop of Dublin save only in Chapter and by judgment of Chapter, which judgment is to be under stood of the archbishop and the entire Chapter, or otherwise the greater and better part of the said Chapter, and that to supply for the negligence of the dean and in causes of appeals and no other. Of which foundation, statutes, liberties, ordinances and lawful customs the said dean and chapter are and have been in peaceable possession until the time of Michael of blessed memory, late archbishop of the same, in whose time a variance and discord arose between him and the said chapter, Master Philip Norreys at that time being dean, upon the said statute “dignitas decani &c.” The said matter of variance and discord to be determined and ended was put to the judgment of the honourable Father John White of blessed memory, then Abbot of the monastery of Saint Mary near Dublin, Master Thomas Walsh and Master Richard Rowe, by consent of the aforesaid parties. Which Abbot, Thomas and Richard adjudged and decreed in favour of the possession and right of the said dean and chapter, as more fully appears by the process of the said Abbot. And the said dean and chapter have so continued their foundation, right and possession until the time of the very reverend Father in God John, now archbishop of the same, by whom the said foundation, liberties, statutes, ordinance and statutes are very nearly utterly destroyed and perverted by divers hasty wilful and wrongful process made by the said archbishop against Master John Allyn, now being dean, and the chapter contrary to the premises. Whereupon the premises graciously considered and how the said church is of the foundation of our sovereign lord the King and that by such unjust and wrongful process divine service is often interrupted, and so the prayer for the state of our said sovereign lord and for the souls of his most noble progenitors is diminished: It is ordained enacted and established by authority of the said Parliament that the said foundation, liberties, statutes, ordinances, constitutions and lawful customs, and especially the constitution called “dignitas decani et oim canonicorum” as is above rehearsed with all other liberties statutes constitutions ordinance and lawful customs as they were granted first by the said King John when he was Earl of Morton and Lord of Ireland and also by the aforesaid archbishops John, [Luke] and Henry and confirmed, ordained and established by the Holy Fathers Innocent and Nicholas, Popes, at the court of Rome, and the declaration of the said abbot be ratified, approved, confirmed and granted. And by the said authority: It is ordained enacted and established that if the said present archbishop or his successors, their officers or ministers or any other person or persons attempt contrary to the said statute called “dignitas decani” and all other lawful statutes and customs of the said Cathedral Church, that he or they who so attempt, so often as he or they do so, shall forfeit 20 pounds, half to the King our sovereign lord and his heirs and the other half to any person or persons who will sue for the King and himself or themselves before any judge or judges of our said Sovereign lord his heirs or ministers and before any other judge of record, as well within as without a franchise. And that no protection, writ of privilege, essoign, excommunication or any other delay shall be allowed in the said action or actions. And inasmuch as the said present archbishop maliciously and wilfully has deprived the said Master John Allyn, now dean of the said Cathedral Church, because the said dean and chapter stand and abide by their foundation statutes and lawful customs had and used from beyond the time of memory, from which sentence the said present dean has appealed to our Holy Father the Pope and has put his benefice, lands, goods and chattels under the protection of our said Holy Father and Pope: It is ordained and established by the said authority that the said present dean, his benefice of the deanery, lands, goods [and] chattels shall be under the protection of our said sovereign lord, and that no person or persons shall break in upon his said benefice or take or receive any profits or issues pending the said appeal and that he or they who, pending the said appeal, break in upon his said benefice or take or receive any issues or profits thereof, by the said authority shall be out of the protection of our sovereign lord the King and shall forfeit to our said sovereign lord and his heirs all his or their lands, goods and chattels and his body or their bodies to be at the King’s will.
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