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Lateran Regesta 470: 1451-1452

Pages 537-543

Calendar of Papal Registers Relating To Great Britain and Ireland: Volume 10, 1447-1455. Originally published by His Majesty's Stationery Office, London, 1915.

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In this section

Lateran Regesta, Vol. CCCCLXX (fn. 1).

5 Nicholas V.

De Exhibitis.

1451.
4 Non. Sept.
(2 Sept.)
St. Peter's, Rome.
(f. 1.)
To the bishops of Durham and Bath, and the abbot of St. Mary's, Fountains (de Fontibus), in the diocese of York. Mandate, at the recent petition of Thomas bishop of London, containing that John, archbishop of Canterbury, putting his sickle into another's harvest (fn. 2), has by himself and his commissaries Zanobius Mulakyn and John Stevyns, clerks, interfered with the bishop's testamentary jurisdiction; wherefore bishop Thomas has appealed to the apostolic see, and prayed for the commission of the cause of the appeal and of the principal matter to judges in those parts), to summon the archbishop and others concerned, hear the cause in a summary and informal way (fn. 3), and decide it without appeal, causing their decision to be observed, by the archbishop by the pope's authority, and by the others by ecclesiastical censure.Justis et honestis. (O. and Jo. de Reate. | O. xx.Pontanus.) [2 pp.]
1451[–2].
3 Non. Feb.
(3 Feb.)
St. Peter's, Rome.
(f. 90.) (fn. 4)
To the bishops of St. Andrews and Spoleto, and the abbot of Cupar (de Cupro) in the diocese of St. Andrews. Mandate, as below. Lately the pope (on its being set forth to him on behalf of Andrew Fiff, perpetual vicar of Marynton in the diocese of Brechin, M.A., that on the voidance of a canonry of Aberdeen and the prebend of Balhelvy by the death of Robert Gardinar, the late James de Gourdon, priest, of the diocese of Moray, in virtue of letters previously granted to him by the present pope, accepted them within the lawful time and got provision made to him thereof; and its being added that the said James had died in a place [not here expressed] not more than two days’ journey from the Roman court, without having had possession, at least peaceable, of the said canonry and prebend; and the pope having also learned that they were void by the death of one or other of the said Robert and James (fn. 5) ) ordered certain judges [not here expressed] in those parts to summon the late Richard Clephan, clerk, of the diocese of St. Andrews, who alleged that he had a right in the said canonry and prebend, and others concerned, and to collate and assign them to the said Andrew, whether void as above or in any other way. A cause having arisen about them, as the recent petition of the said Andrew contained, between him and the said Richard, and having by Richard's appeal lawfully devolved to the apostolic see, the pope committed the cause of the appeal, together with the principal matter, to Master Anthony de Thosabetis, a papal chaplain and auditor, who is said to have proceeded short of a conclusion; and the said Richard having, whilst the cause was pending before the said auditor, died in possession, whereby all his right in or to the canonry and prebend became and is void, and the canonry and prebend being still void, as aforesaid, the pope, hereby calling up the cause to himself and extinguishing the suit, orders the above three to collate and assign the canonry and prebend, value not exceeding 25l. sterling, to Andrew, who is a priest; notwithstanding that he holds the perpetual vicarage of the said parish church and the chapel, without cure, of St. Mary Magdalen in the said diocese, the value of both of which does not exceed 8l. sterling, and that the pope lately ordered provision to be made to him of one or two benefices, even if one had cure or were a dignity etc., in the collation etc. of the bishops and the deans and chapters etc. of Dunkeld and Brechin, and by other letters extended, motu proprio, the said grant to a benefice or benefices wont to be assigned to secular clerks in the collation etc. of the abbot and convent of the Benedictine monastery of St. Thomas the Martyr, Abberbroch, in the diocese of St. Andrews, and dispensed him by the same later letters to receive with the said vicarage, which he was already (etiam tunc) holding, any one other benefice, or if he resigned the vicarage any two other benefices with cure or [otherwise] incompatible with one another, even if parish churches or perpetual vicarages or dignities etc., in the event of his obtaining such in virtue of the said last but one and the said last letters, and to hold them for seven years in the case of parish churches or perpetual vicarages or one of each, or for life in the case of such other incompatible benefices, and to resign them all, simply or for exchange, as often as he pleased. Litterarum sciencia, vite etc. (A. and Dancardus. | A. xl. Quarto Id. Februarii Anno Quinto. de Feletis.) [4½ pp. See above, p. 214.]
1451[–2].
13 Kal. Feb.
(20 Jan.)
St Peter's, Rome.
(f. 120d.)
To James Bouron, vidame of Reims, residing in the Roman court. Mandate, as below. The recent [petition] to the present pope of Cornelius Ydomneayn alias Ytrea[n]letenayn (rectius Ytrea[n]lerenayn) priest, of the diocese of Ardfert, contained that formerly, on the voidance of the perpetual vicarage of Dysur Otrallach (rectius Dysirt Otrallach) in the said diocese by the resignation of the late Maurice Ychilhill to the late Nicholas bishop of Ardfert, Eugenius IV ordered provision thereof to be made to the said Cornelius, and by the same letters dispensed him, on account of illegitimacy as the son of a priest and an unmarried woman, to be promoted to all, even holy orders and receive and retain the said vicarage (fn. 6) [Cal. Papal Lett. IX, p. 195]. Subsequently, as the said petition added, inasmuch as Maurice (fn. 7) was still detaining the said vicarage and was preventing the said letters from taking effect, Cornelius (after pope Eugenius had reserved to himself and his successors absolution from all sentences of excommunication etc. for simony), desiring to terminate the suit between him and Maurice, which was pending before a certain executor of the said letters, agreed with Maurice, in presence of the said executor, that if Maurice permitted the said letters to be executed and Cornelius to enjoy peaceable possession of the vicarage, Cornelius would permit Maurice to receive a certain yearly pension on the vicarage, or to retain for life certain townlands (villas) in the parish of the said vicarage in lieu of such pension, which Maurice did as long as he lived, as a result of which bargain Cornelius got provision made to him of the vicarage in virtue of the said letters, obtained peaceable possession, and has detained it for several years (fn. 8), having had himself meanwhile (but after having detained it for some years without being promoted to all holy orders) so promoted, before the death of the said Maurice (fn. 9), and ministered therein, and has also taken the fruits meanwhile, believing this to be lawful on account of the presence and authority of the said executor, thereby committing simony and incurring the said sentences. Seeing that the said collation and provision do not hold good, and that the vicarage is still void as above, the pope hereby orders the above vidame, after Cornelius has resigned, to absolve him from simony and the said sentences etc., enjoining penance, dispense him on account of irregularity contracted by celebrating masses and other divine offices and being promoted when under the said sentences, and rehabilitate him, and thereupon to collate and assign to him the said vicarage, value not exceeding 5 marks sterling, the pope hereby specially dispensing him to receive and retain it, notwithstanding the said defect etc. Solet sedis apostolice. (A. and Nicasius. | A. xx. Pridie Id. Februarii Anno Quinto.de Feletis.) [3 pp. Cal. Lett., IX, p. 195, has the spellings, ‘Cornelius Otreanlannayn alias Odonnamayn,’ ‘Dissert Odriaellach’ and ‘Maurice Okathayl,’ and cf. below, f. 226.]

De Beneficiis [Vacantibus].

1451.
14 Kal. Nov.
(19 Oct.)
St. Peter's, Rome.
(f. 182d.)
To the bishop of Kilfenora (Finoboren). Mandate to collate and assign to David Magillavanaid, priest, of the diocese of Kilmacduagh (Duacen.) (who was lately dispensed by papal authority, on account of illegitimacy as the son of a priest and an unmarried woman related in the second and second degrees of affinity, to be promoted to all, even holy orders and hold a benefice even with cure; who in selfdefence so struck Cornelius Magillavanath, layman, of the said diocese, who had struck him with a sword, that Cornelius lost two fingers of his right hand, for which David has compensated him; and who thereafter ministered in holy orders, not in contempt of the Keys), after declaring that he has not contracted irregularity on account of the aforesaid, the rectory of Dunkellyn in the said diocese, of the patronage of laymen and value not exceeding 2 marks sterling, so long void by the death of Thomas Macgillavanath that its collation has by the Lateran statutes lapsed to the apostolic see; whether it be so void, or because the said Thomas held together without dispensation the said rectory, the vicarage of Kyldaruphi in the said diocese, and the archdeaconry of Kilmacduagh, a dignity, and was still holding them at the time of his death, or by the obtaining of an incompatible benefice by Donald Macgillavanath, by authority of the ordinary, or by the resignation of the said Thomas and Donald, or be void in any other way. Dignum etc. (A. and A. de Cortesiis. | A. xvi. Octavo Id.Novembris Anno Quinto. de Feletis.) [3 pp. See above, pp. 520, 521.]
1451[–2].
18 Kal. Feb.
(15 Jan.)
St. Peter's, Rome.
(f. 223.)
To the prior of St. Mary's, Dermach [in the diocese of Meath]. Mandate, as below. Lately the present pope, at the petition of Fergallus Yglasderag, priest, of the diocese of Clonmacnoise (Cluanen.)—containing that John bishop of Clonmacnoise (seeing that the parish of the parish church, of the patronage of laymen, of Lochluacha in the said diocese, was so large that the people thereof could not, on account of the excessive distance and the dangers of the roads, conveniently and safely go to the said church for divine offices; and that the said church, which has two other daughter churches, had abundant means for the maintenance of several perpetual vicarages) divided, with consent of the dean and chapter of Clonmacnoise, the said church into three perpetual vicarages, namely, the said mother church of Lochluacha, a second of Athluain (fn. 10), and a third of Kyllomyleon, and deprived and removed Thady Magruayrg and Maurice Macedagayn, priests, of the dioceses of Meath and Clonmacnoise, who had simoniacally divided the said vicarage between them—ordered certain judges, if they found the said division lawful, to confirm it by papal authority, and in that event to collate and assign, of the said vicarages, to which no vicars had yet been instituted, that of Lochluacha to the above Fergal. Seeing that, as the pope has learned, no one has yet been instituted to the said third vicarage of Kyllomileon, and that it has been so long void that [by the Lateran statutes] its collation has lapsed to the apostolic see, the pope now orders the above prior, if he find the said confirmation to have been made, to collate and assign it, value not exceeding 8 marks sterling, to Eugenius Om(u)leoyn, a canon of Clonmacnoise, who is in his twentysecond year and was lately dispensed, on account of his illegitimacy as the son of a priest and unmarried woman, by authority of the ordinary to be promoted to minor orders and hold a benefice without cure, and afterwards by papal authority to be promoted to all, even holy orders and hold another benefice even with cure, after which he obtained a canonry and prebend of Clonmacnoise; notwithstanding that he holds the said canonry and prebend, value not exceeding 3 gold florins of the camera, and notwithstanding the said defects of age and birth, on account of which he is hereby dispensed to receive and retain the said vicarage.Dignum etc. (O. and Nicasius. | O. xxx. Tertio Non.Februarii Anno Quinto. Pontanus.) [3 pp.]
1451[-2].
3 Non. Feb.
(3 Feb.)
St. Peter's, Rome.
(f. 226.)
To the abbot of SS. Peter and Paul's, Rathtuy, in the diocese of Ardfert, the archdeacon of Aghadoe (de Arodeo) and the chancellor of Ardfert. Mandate (the pope having been informed by Cornelius Odommeayn alias Otrea[n]lernayn, perpetual vicar of Disert Odryellach in the diocese of Ardfert, that William Fitzmuris, perpetual vicar of Kyylkarich in the said diocese, has dilapidated and alienated the possessions and immoveables thereof, and has publicly kept a concubine, by whom he has had several children, and is defamed of several other vices [not here expressed]) if and after Cornelius (who was lately dispensed by papal authority, on account of illegitimacy as the son of a priest of noble birth and an unmarried woman, to be promoted to all, even holy orders, and hold a benefice even with cure, after which he was promoted to the priesthood and obtained the said vicarage of Disert Adryellach (sic), collated to him by the said authority) accuses William before the above three, to summon William, and if they find the above to be true, to deprive and remove him from his said vicarage of Kuylkaryk, and in that event to collate and assign it (fn. 11), value not exceeding 3 marks sterling, to Cornelius; notwithstanding that he holds the said vicarage of Disert Odryellach, which is so near to that of Kyylkaryh that both can be conveniently served by one man, and whose value likewise does not exceed 3 marks sterling. He is hereby dispensed to receive the said vicarage of Kyylkaryh, and to retain therewith for life that of Disert Odryellach, notwithstanding the said defect etc. Vite etc. (A. and Nicasius. | A.xxx. Pridie Id. Februarii Anno Quinto. de Feletis. [32/3 pp.]
1451[–2].
18 Kal. Feb.
(15 Jan.)
St. Peter's, Rome.
(f. 228.)
To the abbot of the Blessed Apostles Peter and Paul, Ratuoi, in the diocese of Ardfert, and the precentor and chancellor of Ardfert. Mandate to collate and assign to Edmund Macheliocho, a canon of Ardfert (who was lately successively dispensed by papal authority, on account of illegitimacy as the son of an unmarried nobleman and an unmarried woman, to be promoted to all, even holy orders and receive and retain the perpetual vicarage of Galle in the diocese of Ardfert and a canonry of Ardfert and the prebend of Murri therein, value not exceeding 4 and 2 marks sterling respectively, provision of which had been ordered to be made to him by divers papal letters, and who, having been so promoted, obtained the said vicarage and canonry and prebend) the chapel of St. Mary de Ratuoy in the said diocese, without cure and value not exceeding 2 gold florins of the camera, void by the death of John Omolochaen without the Roman court; whether it be so void, or by the resignation of the said John, or in any other way. Edmund is hereby dispensed to receive and retain it, notwithstanding the said defect etc. (fn. 12) Vite etc. (O. and A. de Cortesiis. | O. xii. Residuum pro deo. Quartodecimo Kal. Martii Anno Quinto. Pontanus.) [2⅓ pp.]

Footnotes

  • 1. On the back of the volume is the usual modern label in Italian: ‘Nicolò V. 1451. An. 5. Lib. 1.’ A flyleaf has, in three different contemporary hands, ‘R(ecipe) Her., A.’ [i.e. A. de Feletis.], ‘Primus de Exhibitis et beneficiis vacantibus anno Vto .’ and ‘Rubricatus,’ the first of these three notes being cancelled. The same contemporary description occurs also, as usual, on the bottom edge of the volume, with the addition of ‘domini nostri domini Nicolay pape quinti.’ These are ff. 1–318 of text.
  • 2. falcem suam mittens in messem alienam.
  • 3. causam huiusmodi summarie simpliciter et de plano sine strepitu et figura iudicii sola facti veritate inspecta audiatis
  • 4. On f. 119d is a mandate ‘Auctoritas pontificalis,’ dated at St. Peter's Rome, 1451[–2], Non. Feb. anno 5, and addressed to the abbots of St. Ouen, Rouen, St. Pierre, Jumièges (Sancti Petri de Gemeticis) and St. Georges[1’ Abbaye] in the diocese of Rouen, in regard to a donation of wine or its money value by Richard called ‘Cueur de Lyon,’ king of England and duke of Normandy and Aquitaine and count of Anjou, to the archbishop and the dean and chapter of Rouen.
  • 5. per alterius Roberti et Jacobi predictorum obitum huiusmodi.
  • 6. dictam ecclesiam; rectius vicariam.
  • 7. Et subsequenter, sicut exhibita nobis nuper pro parte dicti Cornelii peticio continebat, quod prefatus Mauricius … (? rectius Et subsequenter, sicut eadem petitio subiungebat, prefatus Mauricius.…
  • 8. illam ex tunc per plures annos detinuit prout detinet. Between ‘plures' and ‘annos’ the words ‘citra tamen quatuor’ are cancelled and overwrittenA. A.,’ and in the margin is the note ‘Cassatum de mandato dominiB[erardi de Narnia] Spoletan(i) [episcopi] locum tenetis, A. de Feletis.’
  • 9. seque interim, postquam tamen illam per aliquos annos detinuerat non promotus, et ante dicti Mauricii obitum, fecit ad omnes sacros ordines alias tamen rite promoveri.
  • 10. MS. ‘athluain,’ preceded by a letter which has been so much corrected that it is uncertain whether it is intended to remain, and if so what it is, or whether it is cancelled.
  • 11. Here spelt Kyylkaryk or Kyllkaryh, the last letter having been corrected and made uncertain.
  • 12. The ground on which the pope orders the collation is not stated.