Lateran Regesta 672: 1468-1469

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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'Lateran Regesta 672: 1468-1469', in Calendar of Papal Registers Relating To Great Britain and Ireland: Volume 12, 1458-1471, (London, 1933) pp. 646-657. British History Online https://www.british-history.ac.uk/cal-papal-registers/brit-ie/vol12/pp646-657 [accessed 14 April 2024]

In this section

Lateran Regesta. Vol. DCLXXII. (fn. 1)

5 Paul II.

De Regularibus.

1468.
13 Kal. Jan.
(20 Dec.)
St. Peter's, Rome.
(f. 22.)
To Robert Rigdoti (sic), a monk of the monastery of St. John the Apostle and Evangelist, Horton, O. Clun., in the diocese of Canterbury. Dispensation to receive and retain (fn. 2) any benefice with cure wont to be governed by secular clerks, even if it be a parish church or its perpetual vicarage or a chantry, and be of lay patronage, and to resign it, simply or for exchange, as often as he pleases, etc. Religionis zelus, vite etc. (F. and A. de Piscia. | F. xxx. Sassenaten.) [¾ p.]
1468[–9].
5 Kal. Feb.
(28 Jan.)
St. Peter's, Rome.
(f. 27d.)
To Florence Carw, a canoness of the monastery of Canonlech, O.S.A., in the diocese of Exeter. Dispensation, at her recent petition (containing that when she was already a canoness of the said monastery, and had made her profession of the said order, she, at the instigation of the old enemy of the human race, committed a lapse of the flesh and had offspring, (fn. 3) after which she performed in the convent of the said monastery the penance enjoined by her ordinary, and now, being deeply penitent, desires to live chastely in future, and to fulfil her vows), so that if she, who is, as she alleges, of a race of barons, has performed a due penance, she may be elected etc. to any abbatial dignities and conventual priories, and hold any offices of the said order, even in the said monastery, and use and enjoy all honours, privileges, immunities, etc., as if she had not suffered the said lapse, (fn. 4) etc. Apostolice sedis indefessa clementia. (N. and A. de Cortesiis. | N. xxx. de Bonaparte.) [1⅓ pp.]
1468.
13 Kal. March. (fn. 5)
(18 Feb.)
St. Peter's, Rome.
(f. 29d.)
To the bishop of Orte, the abbot of St. Mary's, Macosquin (de Clarofonte), in the diocese of Derry (Deren.), and Donald Ocailti, canon of Derry. Mandate (the priory of Dum gemini [sic], O.S.A., in the diocese of Derry, being void by the death of Nelanus Okahan, and, being a conventual priory, ipso facto reserved to the pope in virtue of his late general reservation, on their voidance, of all conventual priories; and the pope having learned that Thomas Omeargay, clerk, of the said diocese, desires to serve God with the convent of the said priory, under the regular habit), to receive the said Thomas, who is illegitimate, being the son of a priest and an unmarried woman, and who has been made a clerk, or cause him to be received, if they find him fit, as a canon of the said priory, give him the regular habit and receive his profession, and thereupon to collate and assign to him the said priory, elective and with cure, and value not exceeding 10 marks sterling. The pope hereby specially dispenses him to be promoted to all, even holy orders and receive and retain the said priory, notwithstanding the said defect, etc. Sedis apostolice graciosa benignitas. (Hug. and A. de Piscia. | Hug. xxv. Expedita Pridie Kal. Marcii Anno Quinto. Folani prothon. Bisuntin.) [51/5 pp.]
1468[–9].
Kal. Feb.
(1 Feb.)
St. Peter's, Rome.
(f. 50.) (fn. 6)
To Thomas Sutton, prior of Poghley, O.S.A., in the diocese of Salisbury. Dispensation to receive and retain for life together with the said priory, value not exceeding 50l. sterling, any other benefice with cure wont to be held by secular clerks, even if it be a parish church or its perpetual vicarage, and to resign it, simply or for exchange, as often as he pleases. Religionis etc. (P. and A. de Cortesiis. | P. l.de Varris.) [1½ pp.]
1468[–9].
5 Kal. Feb.
(28 Jan.)
St. Peter's, Rome.
(f. 118.)
To the precentor, the treasurer, and Dermit Okywe, (fn. 7) canon, of Cloyne (Clonen.). Mandate to grant in commendam for life the perpetual vicarage of the parish church of Clonmyn in the diocese of Cloyne, value not exceeding 8 marks sterling, so long void (in a way which the pope holds to be expressed hereby) that by the Lateran Statutes its collation has lapsed to the apostolic see, to Cornelius Offlayn, a canon of the Congregation of St. John Lateran, O.S.A., to whom the pope has recently by other letters ordered provision to be made of the monastery of St. Mary of St. Finbar's Cave (de Antro Sancti Simbarii [sic]), alias St. John the Evangelist, of the said order, in the diocese of Cork, rehabilitating him thereby, because, having obtained the said vicarage, when void as above, by collation made to him by authority of the ordinary, he held possession of it for about three years without other canonical title, subsequently resigning it; summoning and removing Donald Oconbay, clerk, of the said diocese, who under pretext of surreptitious papal letters has unduly detained possession of the said vicarage for about a year. Religionis etc. (N. and M. Amici. | N. xx. Sexto Non. Martii Anno Quinto.de Bonaparte.) [3½ pp.]
1468.
4 Kal. Oct.
(28 Sept.)
St. Peter's, Rome.
(f. 151d.)
To Robert Skyrlagh, a monk of Meaux (Melsa), O. Cist., in the diocese of York. Dispensation to receive and retain for life any benefice with cure … vicarage, or a chantry (as above, f. 22), or an annual service, free chapel, or a hospital wont to be assigned to such clerks as a title of a perpetual benefice, and to resign it … pleases, etc. (as ibid.). Religionis etc. (F. and Ja. Prats. | F. xxx.Sassenaten.) [1 p.]
8 Kal. Oct.
(24 Sept.)
St. Mark's, Rome.
(f. 152.)
To the bishop of Killaloe (Laonien.). Mandate to receive Brandanus Fytzmoris, clerk, of the diocese of Ardfert, if found fit, as a canon of the monastery of the Apostles SS. Peter and Paul, Rath[t]uaych, O.S.A., in the said diocese, give him the regular habit, etc., and to receive his profession.Cupientibus vitam. (F. and P. de Godis. | F. xvi. Sassenaten.) [14/5 pp.]
Ibid.
(f. 153.)
To the same. Mandate (the pope having been informed by Brandanus Fytzmoris, clerk, of the diocese of Ardfert, that Edimundus Fytzmoris, abbot of the monastery of the Apostles SS. Peter and Paul, Rathtuaych, O.S.A., in the said diocese, has dilapidated and alienated and turned to evil uses many of its moveables, has openly kept a concubine (fn. 8) for several years, and has by her and other concubines (fn. 9) begotten offspring still alive, to the shame of the clerical order, has dissipated the fruits etc. of the said monastery with the said concubines, (fn. 10) and wasted them on his own needs, (fn. 11) and that through his negligence the buildings are falling to ruin; and the pope having ordered, as in the preceding), if the said Brandanus, who alleges that he is of noble birth, will accuse the said Edimundus before the above bishop, to summon Edimundus and others concerned, and if he find the foregoing to be true, to deprive and remove Edimundus, and in that event, and after he has caused the said Brandanus to be received etc., as in the preceding, and if he find him fit, to make provision to him of the said monastery, value not exceeding 30 marks sterling. The bishop is moreover to bless him, or cause him to be blessed by any catholic bishop in communion with the apostolic see; without prejudice to the bishop of Ardfert, to whom the said monastery is by ordinary right subject. Ex suscepte servitutis officio. (F. and M. Amici. | F. xxx. Sassenaten.) [4¼ pp.]
17 Kal. Oct.
(15 Sept.)
St. Peter's, Rome.
(f. 170.)
To John Bougeworth, a monk of St. Mary's, Eynesham, O.S.B., in the diocese of Lincoln. Dispensation to him, who is a priest, to receive and retain for life … chantry (as above, f. 22), or a free chapel, or an annual service, even if of lay patronage, and to resign it … pleases etc. (as ibid.). Religionis etc. (Hug. and A. de Cortesiis. | Hug. xxx. prothon. Bisuntin.) [1½ pp.]

De Exhibitis.

5 Kal. Oct.
(27 Sept.)
St. Mark's, Rome.
(f. 175.)
To John, bishop of Ardfert, residing in the city of London, and the abbot of St. Peter's, Westminster, in the diocese of London, and the prior of Christ Church, London. (fn. 12) Mandate, as below. The recent petition of Roger Rotheley, layman, of the diocese of Canterbury, contained that although the late William Rotheley his father, layman, appointed the said Roger to be one of the executors of his will, and although the said Roger accepted the duty, after taking oath to the ordinary etc., and although he faithfully and laudably exercised the said executorship, and never did anything to justify his removal therefrom, nevertheless Thomas Vinterb[orne], (fn. 13) the archbishop of Canterbury's vicar-general in spirituals, ex officio (fn. 14) and also at the instance of John Homle, priest, of the said diocese (who alleged that he had been appointed to execute the said will, and that the said Roger had squandered the testator's goods, partly for his own and partly for unlawful and unhonest purposes), warned and ordered the said Roger to appear before him to show cause why he should not be removed from the said executorship, wherefore, and for other reasons (mentioned, e.g. his subsequent removal by the said vicar-general from his executorship, etc.) he appealed to the apostolic see, in contempt of which the said vicar declared that he had incurred sentences of interdict, excommunication, etc., wherefore Roger appealed anew to the said see, but has been prevented by a lawful impediment from prosecuting his appeals within the lawful time. The pope therefore orders the above three to summon the said John and others concerned, grant Roger conditional absolution from the said sentences etc., and, for the rest, if they find to be true what is alleged in regard to the said impediment, to hear both sides, taking cognizance also of the principal matter, and decree what is just, without appeal, causing their decision to be observed by ecclesiastical censure. Humilibus supplicum votis. (P. and M. Amici. P. xx. de Varris.) [22/3 pp.]
Prid. Non. Oct.
(6 Oct.)
St. Mark's, Rome.
(f. 180.)
To the bishops of Durham and Exeter, and John, bishop of Ardfert, residing in the city of London. Mandate, as below. The recent petition of the dean and chapter of the church of London contained that although the collation and provision etc. of the church of St. Faith under the said church, (fn. 15) and the visitation of the said church, its rector and the other priests and clerks serving therein, and the exercise of ecclesiastical jurisdiction over the said rector, priests, clerks and parishioners, belong by special privilege of the apostolic see, and by ancient custom, to the said dean and chapter, nevertheless Richard Bubarge, (fn. 16) rector, Thomas Bye [and] William Kendalle, (fn. 17) churchwardens, (fn. 18) Richard Forde, Robert Billisdon', John Naseby, Nicholas Parcher, John Heyvuarde (i.e. Heywarde), John Lucy, and certain other parishioners, cleric and lay, have hindered and at present hinder the said dean and chapter from making the said visitation and exercising the said jurisdiction, wherefore the dean and chapter have appealed to the apostolic see. The pope therefore orders the above three bishops to summon the said rector, wardens and other co-litigants; hear both sides … ecclesiastical censure, as in the preceding.Humilibus etc. (P. and M. Amici. | P. xiiii. de Varris.) [2 pp.]
10 Kal. Nov.
(23 Oct.)
St. Peter's, Rome.
(f. 206.)
To the bishops of London and Rochester, and the abbot of Warden in the diocese of Lincoln. Mandate, as below. The recent petition of Edward Crooke, rector of the parish church of Lynle in the diocese of Lincoln, contained that inasmuch as John Cok, clerk, de facto prevented him from holding peaceable possession of the said church, which he had obtained by canonical collation, and had held for some time, and from taking all its fruits etc., he brought him before Thomas Wyntirborne, appointed by Thomas archbishop of Canterbury as auditor-general in civil causes between ecclesiastics of those parts; that the said auditor promulgated a definitive sentence in favour of the said Edward and against the said John; that the latter, falsely alleging the said sentence to be unjust, appealed to the apostolic see, and obtained papal letters in the matter of his appeal addressed to the bishops of Lincoln and Ardfert and the abbot of St. Albans, under pretext of which he caused the said Edward to be brought, in the said appeal cause, before William, abbot of the said monastery; and that the said abbot, wrongfully proceeding, revoked by his definitive sentence the sentence of the said auditor, and excommunicated Edward for not obeying the said abbot's sentence, as he was not bound to do, and caused him to be publicly proclaimed excommunicate, wherefore he has appealed to the said see. The pope therefore orders the above three to summon the said John and others concerned, grant the said Edward conditional absolution from the said sentence, and, for the rest, [to hear both sides], taking cognisance also of the principal matter ……, ecclesiastical censure, as above, f. 175. Humilibus etc. (P. and A. de Cortesiis. P.xviii. de Varris.) [21/5 pp.]
5 Id. Nov.
(9 Nov.)
St. Peter's, Rome.
(f. 223.)
To Master Gaspar de Theramo, a papal chaplain and auditor of causes of the apostolic palace. Mandate, as below. The recent petition of John Gibson, priest, of the diocese of York, contained that, upon the parish church of Thoraton' (recte Thornton’) in the said diocese, which is of the patronage of the lay lords of the manor of Massingill in the said diocese, becoming void by the death of John Burton, Elizabeth Tunstall, mulier, of the said diocese, lady of the said manor and sole patron of the said church, presented the said John to John Shirwode, archdeacon of Richmond; that, in accordance with ancient custom, he sought to be instituted by the said archdeacon, but that Nicholas Walkar, priest, of the said diocese (alleging that he had been presented to the said archdeacon by certain laymen of the said diocese, acting as lords of the said manor and as patrons of the said church) prevented him from being instituted, wherefore the said archdeacon unjustly refused to institute him, and, untruly alleging that the collation (fn. 19) of the said church had lapsed to himself, made collation and provision of it to Thomas Smyth, priest, of the said diocese, who under pretext thereof unduly detained possession; that from such refusal and hindrances the said John Gibson appealed to the apostolic see; and that the present pope committed the said appeal, as well as the principal matter, to Master Bernard Rouira, a papal chaplain and auditor, whilst he subsequently committed to the above auditor Gaspar, at the said John Gibson's instance, the cause which the latter intended to bring against the said Thomas in regard to the said church, notwithstanding that the said cause had not lawfully devolved to the Roman court, both of which said auditors have proceeded in the respective causes, but short of a conclusion. The said petition adding that some allege that neither of the said presentations was canonical, and that the said Thomas has no right in or to the said church, the pope, calling up to himself the cause committed to the said Bernard, orders the above Master Gaspar to resume the cause thus called up, hear it further, and determine and decide it, and if in the event he find that neither of the said presentations was canonical, and that the said Thomas has no such right, to collate and assign the said church, value not exceeding 30l. sterling, to the said John Gibson. Vite etc. (Hug. and N.de Castello. | Hug. xxvi. Expedita Pridie Kal. Februarii Anno Quinto. Folani prothon. Bisuntin.) [3½ pp.]
1468[–9].
Prid. Non. Feb.
(4 Feb.)
St. Peter's, Rome.
(f. 225.)
To the abbots of Holyrood near Edinburg and Neub[o]tyl, in the diocese of St. Andrews, and the dean (decano) of the church of St. Andrews. Mandate, as below. The recent petition of William Creython, lord of the place [of] Creython in the diocese of St. Andrews, contained that Isabel, mulier, of the said diocese, relict of Patrick Lyon, lord of Glamys, and executrix of the will of the said Patrick, falsely alleging that the said William had owed the said Patrick certain money, brought him before Thomas Luthirdaile, then official of the episcopal court of St. Andrews, to whom belongs by ancient custom the cognizance of such causes between lay persons of the said diocese; that the said official, wrongfully proceeding, promulgated a definitive sentence in favour of the said Isabel and against the said William, from which the latter appealed to the apostolic see; that subsequently David Ray, the said Thomas's successor as official, alleging the said sentence to have become a res judicata, declared at Isabel's instance the said appeal to have been and to be abandoned, and condemned William in costs, wherefore the latter again appealed to the said see; and that in contempt thereof the said official David, proceeding to the execution of the said sentence of his predecessor, inasmuch as William had not paid Isabel the said money (as he was not bound to do), excommunicated him, and ordered and caused him to be publicly proclaimed excommunicate. At the petition, therefore, of the said William, who alleges that he was prevented by a lawful impediment from prosecuting the said first appeal within the lawful time, the pope hereby orders the above three to summon the said Isabel and others concerned, and grant the said William conditional absolution from the said sentence, and, for the rest, if they find true the allegation about the said impediment, to hear both sides, and decide what is just, without appeal, causing their decision to be observed by ecclesiastical censure. Humilibus supplicum votis. (P. and A. de Cortesiis. | P. xvi. de Varris.) [22/3 pp.]
1468.
12 Kal. Dec.
(20 Nov.)
St. Peter's, Rome.
(f. 238d.)
To the bishop of Annaghdown and the prior of Christ Church, London. (fn. 20) Mandate, as below. The recent petition of Richard Helwys, layman, and Alice his wife, contained that formerly Philippa Treheste, mulier, of the diocese of London. (fn. 20) falsely alleging that the said Alice, as executrix of the will of the late Martin Treheste, layman, her first husband, was bound to give her a number of goods bequeathed to her by the said Martin, (fn. 21) brought the said Alice before the official of London, to whom Thomas, bishop of London, had committed the cause; that the said official monished and ordered the said Alice to produce the said goods before him; that from such monition etc. she appealed to the apostolic see, but that in contempt of her appeal the said bishop, without lawfully citing her, excommunicated her, and caused her to be publicly proclaimed excommunicate, wherefore she again appealed to the said see; that subsequently the said bishop caused the said Richard, who had in the meantime married the said Alice, to be cited to appear in person before him, and upon his doing so committed him to prison, etc.; that, upon his being released, the said bishop ordered him again to appear before him in person and to produce his said wife Alice; that although he duly appeared and alleged lawful reasons for her absence, etc., the bishop declared him to be infamis, a perjuror and a violator of the sacred canons, and imposed on him an excessive and intolerable penance, wherefore he appealed to the said see; and that in contempt thereof the said bishop, without lawfully citing him, excommunicated him and ordered and caused him to be publicly proclaimed excommunicate as an infamis, perjuror and violator of the sacred canons, wherefore he has again appealed to the said see. The pope, therefore, at the said petition, orders the above two to summon the said Philippa and others concerned, grant the said Richard and Alice conditional absolution from the said sentences of excommunication, and, for the rest, to hear both sides, and, taking cognisance also of the principal matter, decide what is just, without appeal, causing their decision to be observed by ecclesiastical censure.Humilibus etc. (P. and A. de Cortesiis. | P. xvi. de Varris.) [4½ pp.]
1468[–9].
4 Non. Jan.
(2 Jan.)
St. Peter's, Rome.
(f. 266.)
To the bishop of Ross (Rossen.,? recte Roffen., i.e. Rochester). Mandate, as below. The recent petition of Walter Coly, layman, of the diocese of Canterbury, contained that formerly Elena Seruant, (fn. 22) mulier, of the said diocese, falsely alleging that he had contracted marriage with her per verba legitime de presenti, brought him before Thomas Winterburn, archdeacon of Canterbury, appointed by archbishop Thomas as auditor-general of matrimonial causes in his diocese, who, unjustly proceeding, promulgated an unjust definitive sentence in favour of the said Elena and against the said Walter, from which the latter has appealed to the apostolic see. The pope therefore orders the above bishop to decide what is just, without appeal, causing his decision to be observed by ecclesiastical censure. Humilibus etc. (F. and A. de Cortesiis. | F. xvi. Sassenaten.) [1¾ pp.]
1468[–9].
4 Id. Jan.
(10 Jan.)
St. Peter's, Rome.
(f. 269.)
To the prior of St. Catherine's, Waterford, and the archdeacon and the chancellor of Waterford. Mandate, as below. The recent petition of Donatus Oscyn, priest, of the diocese of Cloyne (Clonen.), contained that on the voidance of the perpetual vicarage of the parish church of Anaghcrechan alias Clonferata, in the said diocese, by the death of Donald Okearwill, William Roste, archdeacon of Cloyne, coadjutor of bishop Jordan, in virtue of an alleged power from the apostolic see, made collation and provision thereof to the said Donatus, who in virtue thereof obtained possession and still holds it, but doubts whether the said collation and provision hold good. The said vicarage being, as the pope has learned, still void, he hereby orders the above prior to collate and assign it, value not exceeding 8 marks sterling, to the said Donatus. Vite etc. ([F.] and A. de Cortesiis. | F. xx. Expedita Nono Kal. Februarii Anno Quinto. Sassenat.) [3¼ pp.]
1468.
16 Kal. Nov.
(17 Oct.)
St. Peter's, Rome.
(f. 284d.)
To the same. Mandate, as below. The recent petition of Patrick Goyr, a canon of Lismore, contained that he and Henry Gilis, likewise a canon of Lismore, resigned for purpose of exchange to bishop Robert their respective prebends, namely, the prebend of Dischert et Chilmaren (sic) and the prebend of Mora alias Morton; that the said bishop by his ordinary authority admitted their resignations and carried out the exchange; that in virtue thereof the said Henry obtained possession of the said prebend of Dis[c]hert et Chilmeleran, and the said Patrick that of Mora alias Morton; that subsequently, inasmuch as the said exchange could not take effect, the said Patrick, also by papal delegation, caused the said Henry to be brought before the said bishop, who by a definitive sentence, which became a res judicata, declared the said Patrick to be restored to the said prebend of Dis[c]hert et Chilmeleran, and, after he had resigned that of Mora, restored him thereto, and made him collation thereof anew, in virtue of which collation and restoration he obtained possession, and now holds it. The said petition adding that he doubts whether the said collation etc. hold good, and the said prebend of Dis[c]hert being, as the pope has learned, still void, he hereby orders the above prior to collate and assign it, value not exceeding 6 marks sterling, to the said Patrick. Dignum arbitramur. (P. and Ja. Prats. | P. xxvi. Nonis Novembris Anno Quinto. de Varris.) [5¼ pp.]
12 Kal. Oct.
(20 Sept.)
St. Mark's, Rome.
(f. 303.)
To the bishops of Winchester, Ardfert and Zitouni (Sedonien.). Mandate, as below. The recent petition of Richard Gawen, layman, and Catherine Bussh, mulier, man and wife, of the diocese of Lincoln, contained that after they had contracted marriage per verba legitime de presenti, she, believing that he had died, contracted marriage per eadem verba with William Bures the elder, layman, of the same diocese, but, upon learning that the said Richard was alive and had contracted marriage per similia verba with the late Agnes Benton, mulier [no diocese], and was living with her, put away the said William, and brought the said Richard and Agnes, who were then living in the district of the monastery of St. Peter's, Westminster, before George Norwich, archdeacon of the said monastery, to whom belongs the cognizance of marriage cases between persons dwelling in the said district, in order to have the marriage between them declared null, and that between herself and Richard declared lawful; that, although the said archdeacon promulgated a definitive sentence in favour of Catherine and against Richard and Agnes, and although Richard and Catherine had therefore cohabited for more than seven years, nevertheless John Piresson, official of the archdeacon of Middlesex, alleging that he had been informed that Catherine had [not] been united in matrimony to the said Richard, and that they were therefore living in adultery, (fn. 23) caused them, then dwelling in the district of the archdeaconry of Middlesex, to be cited to appear before him in a place too remote and not safe for them; and that, although the said official was requested on their behalf to furnish them with a copy of the articles which they were to answer, and to assign them a safe and nearer place, he has refused to do so, and, without lawfully citing them, has interdicted and excommunicated them, and caused them to be publicly proclaimed interdicted and excommunicate, wherefore they have appealed to the apostolic see. The pope therefore orders the above three bishops to summon the said William and others concerned, grant Richard and Catherine conditional absolution from the said sentence of excommunication, and, for the rest, to hear both sides, taking cognisance also of the principal matter, and decide what is canonical, without appeal, causing their decision to be observed by ecclesiastical censure.Humilibus supplicum votis. (F. and Ja. Bignetti. | F.xvi. Sassenaten.) [2½ pp.]
Prid. Id. Oct.
(14 Oct.)
St. Mark's, Rome.
(f. 309.)
To the bishop of Urbino, the prior of St. Catherine's, Waterford, and the archdeacon of Waterford. Mandate, as below. The recent petition of Thomas Troy, clerk, of the diocese of Ossory, contained that on the voidance of a canonry of Ossory and the prebend of Aghur therein by the death of John Yhynayn, bishop David made collation and provision of them by his ordinary authority to the said Thomas, who in virtue thereof obtained possession and still holds them. The said petition adding that he doubts whether the said collation and provision hold good, and the said canonry and prebend being, as the pope has learned, still void as above, he hereby orders the above three to collate and assign them, value not exceeding 6 marks sterling, whether they be void as above, or by the death of Elias Burlach or Patrick Coir, or because William Milwardayn has entered and made his profession as a monk of the monastery of St. Mary, Kilcooly (de Auricampo, recte Aruicampo), O. Cist., in the diocese of Cashel, or in any other way, to the said Thomas. Vite etc. (Hug. and A. de Cortesiis. | Hug. xx. Expedita Undecimo Kal. Novembris Anno Quinto. Folani prot. Bisuntin.) [3 pp.]
1468[–9].
3 Id. March. (fn. 24)
(13 March.)
St. Peter's, Rome.
(f. 320.)
To the archdeacon and the treasurer and Reynaldus Omurhylly, a canon, of Ross. Mandate, as below. The recent petition of Cornelius Chyderscoll (recte Ohyderscoll), (fn. 25) priest, of the diocese of Ross, contained that after he had been dispensed by papal authority on account of illegitimacy, as the son of unmarried parents, to be promoted to all, even holy orders and hold a benefice even with cure, and had thereafter been made a clerk, on the perpetual vicarage of the parish church (fn. 26) of Craybeach in the said diocese becoming void by the death of Donatus Ohyderscoll, bishop Donald by his ordinary authority made him collation and provision thereof, and that in virtue thereof he obtained possession, and has held it for eight years. (fn. 27) The said petition adding that he doubts whether the said collation and provision hold good, and the pope having learned that the said vicarage is still void as above, and that the rectory of the said church, of lay patronage and with cure, is also void (because Odo Ohyderscoll, after having obtained it by canonical collation, held possession of it for more than a year without having himself ordained priest and without dispensation, and that it has been void so long that by the Lateran Statutes its collation has lapsed to the apostolic see, although Macrobrius [sic] Ohyderscoll, clerk, of the said diocese, has by his own temerity and without any title detained possession of it for between eight and nine years), the pope hereby orders the above three to collate and assign the said vicarage, which also has cure of souls and (after summoning the said Macrobyus and others concerned) the said rectory, value not exceeding 8 and 6 marks sterling respectively, to Cornelius, removing Macrobyus and any other unlawful detainer. The pope further dispenses him to receive them, and to retain them together for life, notwithstanding the said defect and the pope's late ordinance to the contrary, etc. Vite etc. (P. and A. de Cortesiis. | P. xxx. Pridie Kal. Februarii Anno Quinto. de Varris.) [4 pp.]

Footnotes

  • 1. On the back of the volume is the usual modern description in Italian:Paolo ii. 1468. Anno 5. Lib. 1. and on a modern end-paper is Mgr. Wenzel's ‘An. 5. to. 10.’ There is no contemporary end-paper with the contemporary description, but the latter occurs, as usual, on the bottom edge of the volume, viz.: Primus de Regularibus et Exhibitis anno vo domini nostri domini Pauli pape ii. There are ff. iiii.–cccxxv. of text, ff. i.–iii. being missing.
  • 2. Without the ‘quoad vixeris’ clause.
  • 3. instigante antiquo humani generis hoste in lapsum carnis devenisti ac prolem procreasti.
  • 4. ac si in lapsum carnis huiusmodi minime devenisses.
  • 5. In the date ‘tercio’ is cancelled, and ‘terciodecimo’ substituted in the margin by ‘H.’
  • 6. On f. 70d. is a dispensation, ‘ad due beneficia per monachos Sancti Benedicti aut Cluniacensis ordinum regi consueta,’ dated at St. Peter's, Rome, 1468–9, 9 Kal. Feb. anno 5, for Peter Combe, a monk of the monastery of St. Andrew, Vienne (Viennen.) [Dauphiné], O.S.B., evidently not an Englishman.
  • 7. MS. ‘Okyiwe,’ but a point under the fourth letter (which is apparently an undotted ‘i’) is presumably to be taken seriously.
  • 8. concubinam.
  • 9. focariis suis.
  • 10. cum huiusmodi concubinis.
  • 11. et in usus necessarios consumere non expavit.
  • 12. et dilectis filiis abbati Sancti Petri Vestmonasterii Londonien. dioc. et per priorem gubernari soliti priori Ecclesiastici (recte Ecclesie Christi) Londonien. monasteriorum.
  • 13. The name, thus unfinished, ends a line.
  • 14. et (recte ex) officio suo.
  • 15. parrochialis ecclesie sancte Fidis [sic] subtus dictam ecclesiam Londonien.
  • 16. ? recte ‘Burbage.’
  • 17. Possibly ‘Rendalle’ is intended.
  • 18. pro custodibus bonorum fabrice dicte parrochialis ecclesie se gerentes.
  • 19. vacationem,? recte collationem.
  • 20. In each case ‘Londonien.’ is substituted in the margin by ‘P.’ for ‘Leodien.,’ cancelled and over-written ‘P(etru)s.’
  • 21. peticio continebat quod cum olim dilecta in Christo filia Philippa Treheste, mulier, Leodien. (corrected, as just noted, to ‘Londonien.’) falso asserens quod dicta Alicia tanquam executrix testamenti quondam Martini Treheste laici eius primi viri nonnulla bona tunc expressa in ipso testamento per dictum Martinum sibi legata ei dare et assignare teneretur.
  • 22. or Seriiant.
  • 23. et quamvis idem archidiaconus in illa [causa] rite procedens diffinitivam pro dicta Catherina et contra Ricardum et Agnetem prefatos sententiam promulgasset, ipsique Ricardus et Catherina propterea matrimonio alias inter eos ut premittitur contracto iuxta morem patrie sollennizato [sic] insimul per septem annos et ultra cohabitassent tuncque cohabitarent pacifice et quiete, tamen dilectus filius Johannes Piresson officialis dilecta filii archidiaconi Middilcesce [sic] in ecclesia Londonien., asserens ad sui notitiam devenisse quod dicta Catherina cum prefato Wilhelmo [non] matrimonialiter copulata foret, et propterea ipsa et dictus Ricardus adulterarent
  • 24. The date had ‘Decimooctavo Kal. Decembris.’ This is cancelled and over-written ‘N.’, and ‘Tertio Idus Martii’ is substituted in the margin and subscribed ‘N.’, with the note: Cass(atum) et correctum de mandato R(oderici) Valen. vicecancellarii. There are numerous other corrections, one or two of which are mentioned in the following notes.
  • 25. ‘Ohyderscoll’ is written several times further on.
  • 26. The text apparently had ‘quandam perpetuam sine cura vicariam in parrochiali ecclesia,’ which, by cancellation etc., is corrected to ‘perpetua vicaria parrochialis ecclesie.’
  • 27. The period is added in the margin, with a note: Cassat(um) et correct(um), de mandato R. Valen. [vicecancellarii], N.