Lateran Regesta 675: 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.

This free content was digitised by double rekeying. All rights reserved.

'Lateran Regesta 675: 1469', in Calendar of Papal Registers Relating To Great Britain and Ireland: Volume 12, 1458-1471, (London, 1933) pp. 665-673. British History Online https://www.british-history.ac.uk/cal-papal-registers/brit-ie/vol12/pp665-673 [accessed 28 March 2024]

In this section

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

5 Paul II.

De Regularibus.

1468[–9].
19 Kal. Feb.
(14 Jan.)
St. Peter's, Rome.
(f. 6d.)
To the abbot of Driburgh in the diocese of St. Andrews. Mandate, as below. Lately, when Richard Robzon, [now] a monk of the monastery of Kelsow, O.S.B., in the diocese of St. Andrews, had resigned that monastery to the pope by his proctor, Robert Penwen, prior of the said monastery, and when the pope had ordered provision thereof to be made to the late Alan de Camera, a monk of the same monastery, the value of which does not exceed 80l. sterling, the pope reserved and assigned to the said Richard a yearly life pension of 26l. sterling on the fruits etc. of the said monastery, to wit, all the tithes of sheaves of the parish churches of Nanthern and Hundbi in the said diocese, and also the farms of the lands etc. of Holldness and Hundbi belonging to the said monastery, etc., to a total value of the said 26l., to be paid by the said Alan, who gave his consent, and by his successors, half at Christmas and half at the Nativity of St. John Baptist. Afterwards, as the recent petition of the said Richard contained, he received the said pension for about two years, but, inasmuch as, on the voidance of the said monastery by the death of the said Alan, he was unanimously elected abbot by the convent and was confirmed, and inasmuch as, after having been abbot for two years, he has resigned to the convent, and provision has been made by papal authority to Robert [now] abbot, then a monk of the same monastery, the said pension has ceased. The pope therefore orders the above abbot of Driburgh to reserve and assign to the said Richard, if abbot Robert consents, a life pension of 26l. sterling, consisting of the tithes etc. as before, to be paid by abbot Robert and his successors, as before. Religionis zelus, vite etc. (P. and A. de Cortesiis. | P. xxvi. de Varris.) [21/6 pp.]
1468[–9].
12 Kal. March.
(18 Feb.)
St. Peter's, Rome.
(f. 57.)
To the abbot of St. Mary's, Fermoy (de Castrodei), in the diocese of Cloyne (Clonen.). Mandate, as below. The recent petition of the abbot and convent of the monastery of St. Melanfyd, (fn. 2) O.S.A., in the diocese of Lismore, contained that lately, on the rectory of the parish church of Garry in the diocese of Emly, of lay patronage, becoming void by the resignation of Eugenius Yconnyrych to William, bishop of Emly, Gerald Royche, layman, the patron, consented to its being united to the said monastery, but that the said abbot and convent did not take possession of it; and that if the said rectory (which is thus void by the said resignation, and which has been so long void that by the Lateran Statutes its collation has lapsed to the apostolic see, although Magonius Oconnyrych, priest, of Limerick, has without any title detained de facto possession of it for about three years but less than four) were united to the said monastery in perpetuity, the said abbot and convent could be better maintained. The pope therefore, at the petition of the said abbot and convent, who allege that the values of the said rectory and monastery do not exceed 6 and 40 marks sterling respectively, orders the above abbot (seeing that for fear of the power of the said Magonius, and the excessive favours bestowed on him by the said bishop William, they have no hope of obtaining justice in the city and diocese of Emly) to summon the said Magonius and others concerned, and if he find the facts to be as stated, and if the said patron consent, to unite the said rectory to the said monastery in perpetuity. Ad ea que monasteriorum. (N. and P. de Godis. | N. xx. de Bonaparte.) [3 pp.]
1468[–9].
Id. March.
(15 March.)
St. Peter's, Rome.
(f. 58d.)
To the abbot of Colros in the diocese of Dunblane. Mandate, at the petition on his behalf of James, king of Scots, to collate and assign to Thomas Dog, a canon of the priory of Inchmahome (Sancti Colmoci de Insula), O.S.A., in the diocese of Dunblane, if found fit, the said priory, which is conventual, value not exceeding 60l. sterling, void by the death of Gilbert de Camera, and ipso facto reserved to the pope under his general reservation of all conventual priories, void and to be void, even if it be elective and with cure; first receiving from him the usual oath of fealty, according to the form enclosed. Dignum arbitramur. (P. and A. de Piscia. | P. xxx. Nono Kal. Aprilis Anno Quinto. de Varris.) [2¾ pp.]
1468[–9].
14 Kal. April.
(19 March.)
St. Peter's, Rome.
(f. 61d.)
To the bishop, the dean, and the archdeacon of Kilmacduagh (Duacen.). Mandate, as below. The recent petition of abbot Cormac Ykahyr and the convent of the monastery of St. Mary's, Kylsenay, O.S.A., in the diocese of Kilfenora (Finaboren.), contained that although the said Cormac had been abbot for many years and had laudably administered its goods, Bernard Ocomicubayr (recte Oconncubayr), clerk (no diocese), falsely alleging that the said monastery ought to be granted to him in commendam, and that the said Cormac was unlawfully detaining possession of it, brought him and the convent before Thomas Olo[c]hlynd, precentor of Kilfenora, whom he alleged to be the executor of certain papal letters, which are believed to be forged, and by which he alleged that the said monastery was ordered to be granted to him in commendam; and that moreover, whilst the cause was pending before the said precentor, the said Bernard, with the support of lay power, went with his accomplices to the said monastery, broke open the doors and, laying violent hands on the said Cormac, grievously (fn. 3) wounded him and slew one of his servants, carried off and wasted the goods which they found in the monastery, and expelled the canons, after which the said abbot and convent, fearing lest worse things should befall them, consented through fear to an agreement by which they pledged (fn. 4) for a sum of money a portion of the immoveable goods of the monastery to the said Bernard, possession of which portion he still unlawfully detains. At the petition, therefore, of the said abbot (who alleges that through fear he swore to observe the said agreement, and appointed sureties for the purpose) and of the convent, the pope hereby orders the above three, if they find the said violence and wounding to be true, publicly to proclaim the said authors of sacrilege to be excommunicate, and cause them to be strictly avoided by all men, until they make satisfaction and until they come, with the letters testimonial of the above three, to the apostolic see for absolution, and, for the rest, to summon the said Bernard and his accomplices and others concerned, relax the said abbot's oath, so far only as to enable him to take [legal] action, (fn. 5) hear both sides, and decide what is just, without appeal, causing their decision to be observed by ecclesiastical censure. Humilibus supplicum votis. (F. and A. de Cortesiis. | F. xvi. Sassenalen.) [25/6 pp.]
1469.
8 Id. April.
(7 April.)
St. Peter's, Rome.
(f. 71.)
To the abbot of St. Mary's, Inishlounaght (de Surio), in the diocese of Lismore. Mandate, as below. The pope has learned that the perpetual vicarage of the parish church of Tollacrahy in the diocese of Lismore has been so long void by the death of William Norruyn that its collation has by the Lateran Statutes lapsed to the apostolic see, although Raymund Staccabul has for about eight years, but less than nine, detained de facto possession without any title; and the recent petition of the abbot and convent of the monastery of Molana (de Insula Sancti Melanfyd), O.S.A., in the said diocese, contained that its fruits etc. are so slight that they cannot decently maintain themselves, have the buildings repaired and keep hospitality, and alleged that the rectory of the said church is canonically united to the said monastery, and that the values of the said vicarage and monastery do not exceed 6 and 40 marks sterling respectively. The pope therefore orders the above abbot of St. Mary's to summon the said Raymund and others concerned, and if he find the facts to be as stated, to unite the said vicarage in perpetuity to the said monastery. The said abbot is moreover to grant that its cure may be exercised by canons of the said monastery [appointed and removed] at the pleasure of the abbot and convent, etc. Ad ea que monasteriorum. (N. and P. de Godis. | N. xx. de Bonaparte). [3 pp.]
1468[–9].
3 Id. March.
(13 March.)
St. Peter's, Rome.
(f. 108d.)
To Richard, bishop of Bangor. Indult, at his recent petition (containing that although his said church of Bangor is threatened with ruin, the fruits etc. of its episcopal mensa are, on account of wars and rebellions which have long prevailed in those parts, and on account of other misfortunes, so much diminished that they do not exceed a yearly value of 100l. of English money, wherefore he cannot repair the said church and decently maintain his state and bear his other burdens) for him, who is S.T.P. and a Friar Minor, to receive and, as long as he is bishop of the said see, to retain for life in commendam with the said church any one regular benefice of any order (not being a conventual dignity or a claustral office) or a secular benefice with or without cure, even if it be a parish church or its perpetual vicarage, or a canonry and prebend, or a major or principal dignity, etc., and resign it, simply or for exchange, when he pleases. Personam tuam. (P. and Ja. Prats. | P. l. de Varris.) [14/5 pp.]
1468[–9].
4 Non. March.
(4 March.)
St. Peter's, Rome.
(f. 132.)
To the prior of Ballinskelligs (de Rupe Sancti Michaelis), in the diocese of Ardfert, and the treasurer and Dermit Osullynayn (recte Osuillyuayn), a canon, of Ardfert. Mandate, as below. The recent petition of Cornelius Yhederscoll, priest, of the diocese of Ross, contained that on the perpetual vicarage of the parish church of Caybaach (fn. 6) in the diocese of Ross becoming void because Donald Ohederscoll, having obtained it by canonical collation, held possession of it for more than a year without having himself ordained priest, and without dispensation, Donald, bishop of Ross, made by his ordinary authority de facto collation and provision of it, thus void, and so long void, as it was alleged, that its collation had by the Lateran Statutes lapsed to the apostolic see, to the said Cornelius, and that by force of the said collation and provision he obtained possession, and has detained it for about nine years, taking the fruits. The pope, therefore (having learned that the said vicarage is still void as above; that the priorship of St. Mary's, Ros, O.S.B., in the same diocese, which is conventual, is void by the death of William Ohayrt; that it has been so long void that by the Lateran Statutes its collation has lapsed to the said see; that it is moreover ipso facto reserved, under his late general reservation of all conventual priorships, void and to be void; and that the said Cornelius desires to take the habit in the said monastery) hereby orders the above three to cause the said Cornelius (who alleges that Donatus Ohega, a monk of the said monastery, without any title or other tittle of right, but by his own temerity, intruded himself in the said priorship, void as above, and has detained possession for about twenty years; that he, the said Cornelius, was formerly dispensed by papal authority on account of illegitimacy, as the son of an unmarried clerk and an unmarried woman, to be promoted to all, even holy orders and receive and retain a benefice even with cure; and that for fear of the power of the said Donatus he cannot safely meet him in the city and diocese of Ross), to be received as a monk of the said monastery, give him the regular habit, and receive his profession, and moreover, if they find that the said vicarage, value not exceeding 8 marks sterling, and (after summoning the said Donatus and others concerned) the said priorship, which is elective and has cure of souls, and whose value does not exceed 24 marks sterling, are void as above, or in any other way, and that they are specially reserved to the pope's gift, or that the said priorship is generally reserved, to collate and assign the priorship to the said Cornelius, after he has been duly received as a monk, and has received the habit and made his profession, as above, and to grant to him the said vicarage, after he has resigned it, to be held by him for life in commendam with the said priorship. He is hereby specially dispensed to receive and retain them, notwithstanding the said defect, etc. Sedis apostolice copiosa benignitas. (Hug. and P. de Godis. | Hug. xxx. Expedita Quinto Kal. Aprilis Anno Quinto. prothon. Bisuntin.) [5 pp.+. In the loop of the ‘P’ of the initial word ‘Paulus' is ‘B.’]
1468[–9].
Prid. Kal. March.
(28 Feb.)
St. Peter's, Rome.
(f. 152.)
To Richard Drouth, a monk of the church of Coventry, O.S.B. Dispensation to him, who is a subdeacon and is in his twenty-second year, to be promoted forthwith, at the statutory times, to the orders of deacon and priest, and to minister therein, notwithstanding the said defect of age, etc. Religionis zelus, vite etc. (N. and A. de Piscia. | N.x. de Bonaparte.) [1 p.]
1468[–9].
Prid. Non. March.
(6 March.)
St. Peter's, Rome.
(f. 165d.)
To the bishops of Dunkeld and Dunblane. Mandate, as below. The recent petition of John, abbot of Lindores (de Londoris), O.S.B., George de Abernethy, provost of Dunbertone, John Thome, rector of the parish church of Euraridi [sic], [and] Alexander Kennedy, rector of the parish church of Uruel, in the dioceses of Glasgow and St. Andrews, (fn. 7) the executors of the will of the late James, bishop of St. Andrews, contained that although the said bishop of his personal property left divers utensils, sums of money, etc., to be applied by them to pious uses, and although they bound themselves by oath to the bishop of Glasgow, who was appointed by the said testator for the purpose, faithfully to execute the said will, etc., nevertheless Patrick, bishop of St. Andrews, the said James's immediate successor, untruly alleging that the said bishop James had no power to dispose of the said utensils etc., and that they therefore lawfully belong to the said church of St. Andrews, has monished and ordered the said executors, under pain of excommunication, to surrender them to him, wherefore they appealed to the apostolic see, but have been hindered by a lawful impediment from prosecuting it within the lawful time. The pope therefore orders the above two bishops, if they find true what is alleged about the said impediment, notwithstanding the said lapse of time to summon the said bishop Patrick and others concerned, grant to the said executors conditional absolution from the said sentence of excommunication and, for the rest, to hear both sides, taking cognizance also of the principal matter, and decide what is just, without appeal, causing their decision to be observed, in the case of the said bishop by papal authority, and in the case of others by ecclesiastical censure. Humilibus supplicum votis. (P. and M. Amici. | P. xvi. de Varris.) [3½ pp.]

DE EXHIBITIS.

1468[–9].
Non. March.
(7 March.)
St. Peter's, Rome.
(f. 189d.)
To the official of Glasgow. Mandate, as below. The recent petition of Elisabeth, mulier, of the diocese of Dun keld, daughter and heiress of the late Henry Mundewelle, lord of the place of Muroiffe, contained that formerly David Boswele, layman, of the diocese of St. Andrews (falsely alleging that the said Elisabeth was not born of a lawful marriage, and that she was therefore wrongfully detaining possession of divers lands, houses, and other hereditary property of the said Henry in the said diocese of St. Andrews, which, as he falsely alleged, belonged to him by hereditary right), brought her before the official of St. Andrews; that from certain (expressed) grievances inflicted on her by the said official she appealed to the General Council (Sinodum) of Bâle, before its transfer by Eugenius IV to Ferrara; that she obtained from the said Council, in the matter of her appeal and of the principal matter, letters addressed to Michael, bishop of Dunblane and the official of Dunkeld, their own names not being expressed, and caused the said David to be brought, in the matter of the said appeal and of the principal matter, before David, abbot of Cambuskynoth in the diocese of St. Andrews, under commission from the said bishop Michael (the said official being unable to be present, and excusing himself); and that the said abbot, duly proceeding, promulgated a definitive sentence by which inter alia he declared that Elisabeth had been born of a true and duly solemnized marriage, and imposed perpetual silence in the matter on the said David Boswele, which sentence has for several years become a res judicata. The pope, therefore, at Elisabeth's said petition, hereby orders the above official, if he find true what is alleged about the said res judicata, to confirm and approve the said sentence.Humilibus et honestis supplicum votis. (P. and M. Amici. | P. xvi. de Varris.) [2 pp.]
1468[–9].
5 Kal. March.
(25 Feb.)
St. Peter's, Rome.
(f. 224d.)
To the archdeacon of Limerick. Mandate to collate and assign to Dermit Macgyllapadrig, clerk, of the diocese of Killaloe (Laon[i]en.) (who alleges that he was lately dispensed by papal authority on account of illegitimacy, as the son of an abbot of the order of St. Augustine and an unmarried woman, to be promoted to all, even holy orders and hold a benefice even with cure, after which he obtained a canonry of Killaloe and the prebend of Cloyndagat therein, and the rectory of the [parish] church of Droymcloyf, called a rectory of ecclesiastical fee, in the said diocese, without cure, value together not exceeding 15 marks sterling, collated to him by the said authority with the appropriate dispensation; that Robert Okaeyly, (fn. 8) priest, of the said diocese, has for more than seven but less than ten years unduly detained possession of the below-named vicarage by his own temerity without any title; and that for fear of the said Robert's power he cannot safely meet him within the city or diocese of Killaloe) the perpetual vicarage of the parish church of Cloyndagat in the said diocese, value not exceeding 8 marks sterling, which became void ipso facto and reserved to Pius II by the promotion made by that pope of Thady, [now] bishop, then elect of Killaloe, to that see, and by his consecration administered to him at the apostolic see by order of the said pope, who died without having otherwise disposed of the said vicarage; summoning and removing the said Robert. The pope hereby specially dispenses the said Dermit to receive and retain it, notwithstanding the said defect, etc. Dignum arbitramur. (N. and A. de Montia. | N. xx. Quarto Kalendas Aprilis Anno Quinto. de Bonaparte.) [34/5 pp.]
1468[–9].
Non. March.
(7 March.)
St. Peter's, Rome.
(f. 226d.)
To the bishop of Ross and the dean and the precentor of Cloyne (Clonen.). Mandate, as below. The recent petition of Gerald, [son] of James de Geraldinis, donsel, of the diocese of Lismore, contained that although both by municipal law and by the ancient and immemorial custom of that country a brother succeeds a brother who is without legitimate children, even in the paternal heritage, and that although he, therefore, ought to succeed in the paternal heritage the late Thomas, [son] of James [de Geraldinis], his brother, who, as the elder son, succeeded, in accordance with the said custom, their father, the late James de Geraldinis, and who has died without legitimate children, nevertheless James, Maurice and other natural sons of the said Thomas (by the noblewoman Elys, daughter of the late William de Barry, of the diocese of Cloyne, related to the said Thomas in the second and third degrees of kindred and the fourth and fourth (fn. 9) degrees of affinity, with whom the said Thomas de facto contracted marriage per verba de presenti, under pretext of a certain papal dispensation in which it was surreptitiously (fn. 10) stated that the said Thomas and Elys were related in the second and third and the fourth and fourth degrees of affinity), laymen, of the said diocese of Cloyne, and also the said Elys herself, falsely alleging that the said James, Maurice, and other laymen were the said Thomas's legitimate sons and heirs, have prevented the said Gerald from obtaining the said heritage. The pope therefore orders the above three to summon the said James, Maurice and Elys, and others aforesaid, and others concerned hear both sides, and decide what is just, without appeal, causing their decision to be observed by ecclesiastical censure. Humilibus supplicum votis. (N. and A. de Cortesiis. | N. xiiii. de Bonaparte.) [3 pp.]
1468.
5 Id. Dec.
(9 Dec.)
St. Peter's, Rome.
(f. 232.)
To the bishops of Ardfert and Sidon. Mandate, as below. The recent petition of Robert Southern, layman, and Alice his wife, of the diocese of Norwich, contained that although they solemnized before the church, after the manner of that country, the marriage which they contracted per verba legitime de presenti, and consummated it, and cohabited as husband and wife for some time, and although there was no canonical obstacle to their remaining therein, nevertheless William Pykenham, clerk, and Elizabeth White, mulier, of the said diocese, have de facto presumed to hinder and still presume to hinder them from peaceably remaining in the said marriage, and from cohabiting. The pope therefore orders the above bishops to summon the said William and Elizabeth, and others concerned, hear both sides, and decide what is canonical, etc., as in the preceding. Humilibus etc. (Hug. and A. de Cortesiis. | Hug. xii. prothon. Bisuntin.) [2 pp.]
1469.
3 Id. May.
(13 May.)
St. Peter's, Rome.
(f. 258d.)
To the bishop of Clonmacnoise (Cleanen., recte Cloanen.). Mandate, as below. The recent petition of William Hagarston, esquire, of the diocese of Durham, contained that although he contracted marriage per verba legitime de presenti with Mary, then relict of the late William Baronis, of Hilton, in the said diocese, and consummated the said marriage, which was solemnized before the church, nevertheless Richard Musgrave, layman, of the diocese of Carlisle, falsely alleging that he had previously contracted marriage with the said Mary per similia verba, brought her before George archbishop of York, legatus natus in those parts, under pretext of his legation, who, without lawfully citing the said William, promulgated an unjust definitive sentence by which he adjudged Mary to Richard as his wife and declared the said marriage contracted between her and William null, from which the latter appealed to the apostolic see, but has been hindered by a lawful impediment from prosecuting the said appeal within the lawful time. The pope therefore orders the above bishop to summon Richard and others concerned, and if he find true what is alleged about the said impediment, to decide what is canonical, etc., as in the preceding. Humilibus etc. (F. and A. de Cortesiis. | F. xii. Sassenat.) [1½ pp.]

Footnotes

  • 1. On the back of the volume is the usual modern description in Italian:Paolo ii. 1468. Anno 5. Lib. 2., and on a modern end-paper is Mgr. Wenzel's ‘An. v. to. 18.’ A contemporary end-paper has the contemporary description: Secundus de Regularibus et de Exhibitis anno vto domini nostri domini Pauli pape ii, the order ‘R(ecipe) +, P.’ (i.e. ‘R(ecipe) Sancta Cruce, +P[etrus de Varris]),’ and the answering ‘+ Rubricatus pro +’ (i.e. Rubricatus + [est] pro Sancta Cruce, the work of making the rubricelle or table of contents having thus been done by his deputy; see above, p. 643, note). A like contemporary description: ‘Secundus de Regularibus …’ occurs also, as usual, on the bottom edge of the volume. There are nominally ff. i.—cclxxii. of text, plus two more unnumbered leaves at the end of the volume, but there are really many more, because many of the leaves are unnumbered.
  • 2. MS. ‘Melansyd.’
  • 3. letaliter.
  • 4. titulo pignoris obligarunt et assignarunt.
  • 5. dicto juramento eidem abbati ad effectum agendi dumtaxat relax[a]to.
  • 6. The first syllable is not quite clear.
  • 7. pro parte dilectorum filiorum Johannis abbatis monasterii de Londoris ordinis Sancti Benedicti, et Georgii de Abernethy prepositi de Dunbertone, ac Johannis Thome rectoris parrochialis de Euraridi [et] Alexandri Kennedy de Uruel, Glasguensis et Sanctiandree diocesum ecclesiarum.
  • 8. Or ‘Okacyly.’
  • 9. ’et quarto’ is added in the margin by ‘N.’
  • 10. ’subreptitie’ is similarly added.