The facts about the beginnings of the controversy over the election of a new archbishop of Armagh after the death of Tomaltach O Conchobair in 1201 are known from a letter of Innocent III replying to his legate in Ireland, Cardinal John of Salerno, on whom fell the responsibility for settling the case. The Legate had found the affair so difficult that he did not wish to take any action until he had got advice from the Pope. He had given Innocent a detailed account of what had happened and this the Pope repeated in a lengthy summary, following the normal practice of the papal chancery, before giving the answers to questions raised.

It was the justiciar who had begun proceedings by giving the electors permission to go ahead with the election. Through the archdeacon of Armagh he instructed them to meet at Drogheda. This was not the canonically required location. But the Armagh cathedral was inter Hibernicos and Drogheda was a strongpoint of the colony. The archdeacon issued the electoral summonses in proper canonical form, but on the appointed day the only electors to join him were two suffragans and the abbot of Mellifont who came armed with a privilege which he alleged gave him ‘first voice’ in an Armagh election.