Calendar of Papal Registers Relating To Great Britain and Ireland, Volume 12, 1458-1471. Originally published by His Majesty's Stationery Office, London, 1933.
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Vatican Regesta. Vol. DXXXVI. (fn. 1)
St. Peter's, Rome.
|To the archdeacon and the precentor (cantori) and the official of Dunkeld. Mandate, as below. Lately the present pope made collation and provision to William Fergusii, priest, of the diocese of St. Andrews, of the perpetual vicarage of the parish church of Crawmdut (?) (fn. 2) in the diocese of Dunkeld, void by the resignation, made to the pope by proctor, of James Kennedi, and otherwise reserved to the pope's gift. The recent petition of the said William contained that formerly the said James, who is of noble birth, and Duncan Zalulok (sic), clerk, and certain others accepted within the lawful time the said vicarage, then void by the death of William Forman, in virtue of other letters of the present pope; that the said James got provision made to him thereof, and in virtue thereof obtained possession, on the ground of having a stronger right than all the said others who accepted (fn. 3); and that afterwards in his turn the said William Fergusii obtained and held possession in virtue of the above collation and provision, and was holding it in peace, but that the said Duncan, alleging that the vicarage, void by the said death, still belonged to him alone under pretext of the acceptance made by him and the provision made [to him], molested William in many ways; that the pope, at William's instance, committed the cause which arose between them, although not by its nature devolved to the Roman court, to Master John de Cesarinis, a papal chaplain and auditor, who promulgated a definitive sentence in favour of William and against Duncan, with costs, which sentence became a res judicata; that Duncan, endeavouring to involve William in litigation and to prolong his tenure of the vicarage, in order perhaps the more easily to be surrogated in William's right, appealed from the said sentence to the apostolic see after the lapse of the lawful time for appeal; and that the pope, at Duncan's instance, committed the cause of the appeal to Master John Franciscus Pavinus, (fn. 4) also a papal chaplain and auditor, who is said to have proceeded, short of a conclusion. The said petition adding that the vicarage really became void in the last instance, not by the said death but by the said resignation, and that consequently no right in or to it belongs to Duncan, who, distrusting the right arising to him from the person of the said William Forman, allowed the said James to hold possession and the said William Fargusii (sic) to obtain it in peace, the pope hereby calls up the said cause to himself, extinguishes it and the suit itself, and orders the above three to summon Duncan and others concerned, and if they find the said res judicata lawful, to cause the said sentence to be inviolably observed, by ecclesiastical censure without appeal, and to decree that the said prior letters and their processes and the consequences thereof shall hold good from the date of these presents, even if the said vicarage, whose value does not exceed 9l. sterling, be void as above, or in any other way, or be still void by the said death or by the like resignation of the said James or William Forman or of any other. Romani pontificis quottidiana (sic) exposcit. (L. Dathus. | xxxx. B. de Maffeis. A. de Urbino. Collat.G. Blondus. In the margin: Octobris.) [5 pp.]|
|5 Kal. July.
St. Peter's, Rome.
|To Master Matthew de Porta, a chaplain of the pope and auditor of causes of the apostolic palace. Mandate, as below. The recent petition of Robert Barre, priest, (fn. 5) of the diocese of Brechin, M.A., contained that a dispute arose between him and Thomas Cham[b]er, and Andrew Liel, clerks, about the perpetual vicarage of the parish church of Glammys in the diocese of St. Andrews, the said Robert alleging that provision thereof, then void by the death of William Carnys, had been made to him by Patrick bishop of St. Andrews by his ordinary authority, that the said Thomas and Andrew had unjustly prevented and were preventing it from taking effect, and that Thomas had intruded himself and was still unlawfully detaining possession, the said Thomas and Andrew alleging, on the contrary, each of them, that the vicarage lawfully belonged to them; that the present pope, at Thomas's instance, committed to Master John de Cesarinis, a papal chaplain and auditor, the hearing and determining of the cause which Thomas wished to bring against Robert, and afterwards committed, at Andrew's instance, to John bishop of Calahorra, holding by order of the pope the place of a papal auditor, the hearing and determining of the cause which Andrew wished to bring against Robert, notwithstanding that the said causes had not lawfully devolved to the Roman court (fn. 6); that, after the said bishop John had proceeded, short of a conclusion, the pope ordered the said auditor John [de Cesarinis] to resume and hear further and determine the cause which had been committed to the said bishop, and that the said auditor John, wrongfully proceeding in the cause first committed to him, promulgated an unjust definitive sentence by which he adjudged the vicarage to Thomas and imposed perpetual silence on Robert, from which Robert appealed to the apostolic see; and that the pope committed the cause of the appeal to the above auditor Matthew, who is said to have proceeded, short of a conclusion. Seeing, however, as the said petition added, it is alleged by some that neither Robert nor Thomas nor Andrew has a right in or to the vicarage, the pope, calling up to himself the cause still pending before the said auditor John [de Cesarinis] between Andrew and Robert, hereby orders the above auditor Matthew to resume the cause thus called up, and hear it further, and determine and decide it, causing his decision to be observed by ecclesiastical censure without appeal, and moreover, if by the result of the suit he find that neither Robert nor Thomas nor Andrew has such right, to collate and assign the vicarage, value not exceeding 15l. sterling, to Robert, whether void as above, or by the death of Nicholas Graham, priest, of the said diocese of St. Andrews (to whom the present pope on 4 Kal. Nov.anno 5 [29 Oct. 1468] granted provision thereof, then void as above, and who died without the Roman court before the letters of the said grant had been expedited), or void by the resignation of the said William or Nicholas, or in any other way. Litterarum sciencia, vite etc. (L. Dathus. | xxvii. B. de Maffeis. Baudetus. D. de Piscia. A. de Vulterris. Collat. G. Blondus. In the margin: Octobris.) [3⅓ pp.]|
3 Non. Oct.
St. Peter's, Rome.
|To Walter Buk, a canon of Wells. Collation and provision motu proprio to him, who is the proctor in the Roman court of George archbishop of York, of a canonry of Wells and the prebend of Thanton therein, value not exceeding 40l. sterling, void at the apostolic see, and therefore reserved to the pope, by the death there of Thomas Purveor; whether they be void as stated, or by the resignation of the said Thomas, or in any other way, and even if they be generally reserved because Thomas was a minor penitentiary in St. Peter's, Rome, and a papal chaplain, etc. Vite etc.|
|Concurrent mandate to the bishops of Treviso (Tervisen.) and Ely and the archdeacon of Richmond in York. Hodie dilecto filio Waltero Buk. L. Dat[h]us. | xiii. xi. A. de Urbino pro R(escribendari)o. T. Ricardi. D. de Piscia.B. Capotius. Collat. G. Blondus. In the margin: Septembris.) [3⅓ pp.]|
6 Non. July.
St. Peter's, Rome.
|To John Stokis, warden of the college called the College of All Souls in the town of Oxford, (fn. 7) in the diocese of Lincoln, M.A. Dispensation, as below. Eugenius IV dispensed the warden for the time being to retain for life the wardenship, which is elective (even if the said college were in the chapel, which chapel is by reason of the said college reputed to be collegiate, and even if the wardenship were a dignity etc., and such dignity were a principal dignity therein, even if the wardenship had cure), and any other benefice with cure or otherwise incompatible, even if a parish church or its perpetual vicarage, or a dignity etc. in a cathedral, even a metropolitan, or in a collegiate church, etc., and to resign such benefice, simply or for exchange, as often as he pleased, and to receive instead another benefice with cure or otherwise incompatible, and to retain it for life together with the wardenship. (fn. 8) The present pope hereby dispenses him, who holds the said wardenship and the parish church of Crowbrygge (sic) in the diocese of Salisbury, successively collated to him, the values of which (fn. 9) and of any other his benefices etc. the pope holds to be expressed by these presents, to receive and retain for five years only, together with the said wardenship and church, (fn. 10) or without them together with two incompatible benefices, any third benefice with cure or otherwise incompatible, even if a parish church or its perpetual vicarage etc., or a dignity etc., even if a major or a principal dignity etc., and to resign it, simply or for exchange, when he pleases, provided that of such three benefices not more than two be parish churches or their perpetual vicarages. Litterarum sciencia, vite etc. (L. Dathus. | xxx. B. de Maffeis. Baudetus. D. de Piscia.A. de Urbino. Collat. G. Blondus. In the margin:Novembris.) [2½ pp. The foregoing dispensation by Eugenius IV does not occur in that pope's registers in Vols. VIII and IX of the present Calendar.]|