Lateran Regesta 724: 1472-1473

Calendar of Papal Registers Relating To Great Britain and Ireland: Volume 13, 1471-1484. Originally published by Her Majesty's Stationery Office, London, 1955.

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'Lateran Regesta 724: 1472-1473', in Calendar of Papal Registers Relating To Great Britain and Ireland: Volume 13, 1471-1484, (London, 1955) pp. 327-331. British History Online https://www.british-history.ac.uk/cal-papal-registers/brit-ie/vol13/pp327-331 [accessed 26 April 2024]

In this section

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

2 Sixtus IV.

De Exhibitis.

1473.
Kal. Aug.
(1 Aug.)
Tivoli.
(f. 19v.)
To John de Burgo, Thady Ohanly, and Donatus Olenayn, canons of Tuam. Mandate, as below. The recent petition of Denis Macgillavanach, archdeacon of Kilmacduagh (Duacen.), contained that although he obtained by papal collation, on its voidance in a certain way [not expressed], the said archdeaconry, a non-major dignity, and held it for more than three years, and was still holding it, nevertheless David de Burgo, clerk, of the diocese of Kilmacduagh, falsely alleging that it lawfully belonged to him, and that the said Denis was in wrongful possession, brought him by papal delegation before David Odonchua, dean of Kilmacduagh, who, wrongfully proceeding in the cause, after and against certain lawful exceptions, declinatory or against his jurisdiction, which had been exhibited before him on behalf of the said Denis, and in respect of which the latter had lawfully made protestation, rejected the said exceptions, and promulgated an unjust definitive sentence on behalf of the said David and against the said Denis; (fn. 2) that the latter appealed therefrom to the apostolic see, and obtained papal letters in the matter of the said appeal to the archbishop and the archdeacon of Tuam and Thady Ochanly, a canon of the same, in virtue of which he caused the said David to be summoned before archbishop Donatus, archdeacon Thomas, and the said Thady, who, (fn. 3) proceeding duly in the said appeal cause, revoked the sentence; of the said dean by their definitive sentence; that the said David, falsely alleging it to be unjust, appealed therefrom to the said see, and, with the common consent of the proctors of both parties, (fn. 4) obtained papal letters in the matter of the said later appeal to the bishop of Kilfenora (fn. 5) and the abbot of St. Mary's, Corcomroe (de Petrafertili), in the diocese of Kilfenora, (fn. 5) and, under pretext thereof, caused the said Denis to be summoned in the said later appeal cause before Denis, bishop of Kilfenora, (fn. 5) Odo Othyernay, (fn. 6) abbot of the said monastery, having lawfully excused himself; that the said bishop, proceeding duly in the said appeal cause, declared by his definitive sentence, inter cetera, that the said David's appeal from the said archbishop, archdeacon and canon was bad, and that he had no right in the said archdeaconry, which sentence become a res judicata; that subsequently the said Denis was compelled by the power of the bishop of Kilmacduagh and also by lay power and by intimidation, inflicted on him by the said David, (fn. 7) to receive a certain small (fn. 8) part of the tithes of the said archdeaconry, and to give up possession of the archdeaconry to the said David (but without in any way renouncing his right in or to it), to his great injury. (fn. 9) At the said petition, therefore, the pope hereby orders the above three canons to summon the said David and others concerned, and if and after they find the said intimidation, etc., to be true, (fn. 10) to restore the said Denis to possession of the said archdeaconry and free faculty to receive and levy its fruits, etc. and cause to be restored to him the fruits, etc., which have been forthcoming from its goods after receiving the said small part of the tithes (fn. 11) and giving up possession, and otherwise cause satisfaction to be made to him in respect thereof. Humilibus supplicum votis. [2 pp.]
12 Kal. Aug.
(21 July.)
Tivoli.
(f. 63v.)
To the official of St. Andrews. Mandate, as below. The recent petition of John Lermontht, (fn. 12) a canon of Orkney, contained that on the voidance of the perpetual vicarage of Rynglasse [sic] in the diocese of St. Andrews by the death extra R. c. of John de Kyngorn, the abbot and convent of Dunfermlyng in the said diocese, the ancient patrons, presented him to John, abbot of Scone, then vicar[–general] of the bishop of St. Andrews, who instituted him. The said petition adding that he doubts whether the said presentation and institution hold good, the pope hereby orders the above three to collate and assign to him the said vicarage, value 8l. sterling. Dignum etc. (At the end: P. xxii. Quarto Non. Augusti Anno Secundo. de Varris.) [2½ pp.]
1472
[recte 1473].
4 Id. July.
(12 July.)
St. Peter's, Rome. (fn. 13)
(f. 119v.)
To the bishop of Ross. Mandate, as below. The recent petition of Thomas Heriote, priest, of the diocese of St. Andrews, contained that on the voidance of a canonry of Ross and the prebend de Cantori therein by the death extra R. c. of Henry Kenidy, Henry bishop of Ross made collation and provision thereof by his ordinary authority to the said Thomas, who in virtue thereof has obtained possession. The said petition adding that he doubts whether the said collation and provision hold good, the pope hereby orders the above bishop to collate and assign to him the said canonry and prebend, value 9l. sterling. Dignum etc. (At the end: N. xxii. Quarto Kal. Marcii Anno Tertio. Garilliati.) [22/3 pp.]

De Diversis Formis.

1473.
Id. April.
(13 April.)
St. Peter's, Rome.
(f. 129v.)
To David Meldrom, priest, of the diocese of Aberdeen, M.A. Indult, at his own petition and that of James, king of Scots, in order that the below-mentioned letters may take effect the more speedily, that he (who is of noble race, and to whom under date Kal. Jan. anno 1 [1 Jan., 1471/2] the pope ordered provision to be made of a canonry of Aberdeen and another of Brechin, with reservation of as many prebends therein and of a dignity, etc., of one of them), may, in the obtaining of the said canonries and prebends and dignity, etc., enjoy all the prerogatives, etc., of precedence which are enjoyed by certain commensal members of the pope's household in regard to the obtaining of benefices. Nobilitas generis, litterarum scientia, vite etc. (At the end: P. xxx. Quarto Kal. Julii Anno Secundo. de Varris.) [1½ pp.]
4 Id. July.
(12 July.)
St. Peter's, Rome.
(f. 192r.)
To Nicholas Crese, precentor of St. Mary's, Otery, in the diocese of Exeter. Dispensation to receive and retain for life with the said precentorship, which is a non-principal dignity, even if it be elective and have cure, one other benefice, or without the said precentorship any two othere benefices, with cure or otherwise incompatible, even if parish churches, etc., or dignities, etc., and to resign them, simply or for exchange, as often as he pleases. Vite etc. [11/5 pp.]
Prid. Kal. June.
(31 May.)
St. Peter's, Rome.
(f. 194v.)
To Simon, archbishop of Antivari (Antibaren.), residing in the Roman court. Mandate, as below. The recent petition of Patrick Ohayr, priest, of the diocese of Kildare (Daren.), contained that in the belief that Richard Lang, priest, of the said diocese, whom Pius II had appointed bishop of Kildare, had expedited the letters of his appointment (which he had not done, although it was believed by all in those parts that he had done so), he was made a clerk by the said Richard (who had had himself de facto consecrated in England), and promoted to all, even holy orders, and has often ministered therein. The pope, therefore, hereby orders the above archbishop, if he find the facts to be as stated, to dispense the said Patrick, who is at present residing in the Roman court, to act as a clerk and remain in and minister in the said orders, dispense him on account of irregularity contracted, if any, and rehabilitate him. Sic decet in terris. (At the end: N. Gratis pro deo. Garilliati.) [1 p.]
Id. April.
(13 April.)
St. Peter's, Rome.
(f. 209r.)
To James Leuynton, priest, of the diocese of St. Andrews, M.A. Indult, at his own petition and that of James, king of Scots, in order that the below-mentioned letters may take effect the more speedily, that he (who is of a noble race of barons, and to whom under date Kal. Jan. anno 1 [1 Jan., 1741/2] the pope ordered provision to be made of a canonry of Glasgow, with reservation of a prebend and a dignity, etc., and of a benefice with or without cure in the gift of the bishop of St. Andrews and the prior and chapter of the same) may, in the obtaining …… benefices, as above, f. 129v., mutatis mutandis. Nobilitas etc. (At the end: A. xxx. Expedita Quarto Kal. Julii Anno Secundo. de Petra.) [1 p.]
15 Kal. Sept.
(18 Aug.)
Tivoli.
(f. 279v.)
To John Neucourt alias Hacch, rector of the church called the chapel of St. Leonard near Hasting, (fn. 14) in the diocese of Chichester, doctor of decrees. Dispensation to him, who holds the said church called a chapel, (fn. 15) which has cure, to receive and retain for life therewith one other benefice, or if he resign the said church any two other benefices, with cure or otherwise incompatible, even if parish churches, etc., or dignities, etc., and to resign them, simply or for exchange, as often as he pleases. Litterarum etc. [14/5 pp.]

Footnotes

  • 1. On the back of the volume: Anno 2. Libro 2.
  • 2. … tamen David de Burgo qui se gerit pro clerico Duacensis diocesis, falso asserens ipsum archidiaconatum ad se de iure spectare, dictumque Dionisium illum occupare et detinere indebite occupatum, eundem Dionisiumcoram David Odonchua decano ecclesie Duacensis ex delegatione apostolica traxit in causam, ipseque decanus in ea post et contra quasdam exceptiones legitimas declinatorias seu contra suam iurisdictionem coram decano predicto pro parte ipsius Dionisii et [sic] loco et tempore [congruis (cf. Reg. Lat. DCCXXI., f. 305v., above, p. 315, note)] exhibitas atque productas, et de quibus idem Dionisius antea fuerat legitime protestatus, illis reiectis perperam procedens diffinitiuam pro dicto David de Burgo et contra prefatum Dionisium sententiam promulgavit iniquam
  • 3. ipsique archiepiscopus archidiaconus et conventus (recte canonicus).
  • 4. de communi partium procuratorum consensu, an unusual clause.
  • 5. Firmaboren., recte Finnaboren.
  • 6. ? recte Othyernan.
  • 7. prefatus Dionisius potentia venerabilis fratris episcopi Duacensis et etiam laicali ac vi et metu qui cadere poterat in constantem virum [cf. Cal. Papal Lett. IX., p. 385 note] sibi per prefatum David illat(is).
  • 8. modicam.
  • 9. ex qua decimarum huiusmodi modica receptione dictus Dionisius enormiter lexus (recte lesus) extitit.
  • 10. si et postquam, vocatisde vi et metu ac aliis premissis legitime vobis constiterit.
  • 11. post dictarum decimarum modicam receptionem.
  • 12. The scribe wavers between ‘Lermontht’ (as here) and ‘Lermonthi.’
  • 13. Datum Rome apud sanctum Petrum anno incarnationis dominice millesimo quadringentesimo septuagesimo secundo, quarto id. Julii anno secundo. The dates do not concord.
  • 14. rectori ecclesic sancti Leonardi prope Hasting capelle nuncupate.
  • 15. ecclesiam sancti Leonardi prope Hasting capellam nuncupatam.