Lateran Regesta 732: 1473-1474

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 732: 1473-1474', in Calendar of Papal Registers Relating To Great Britain and Ireland: Volume 13, 1471-1484, (London, 1955) pp. 355-360. British History Online https://www.british-history.ac.uk/cal-papal-registers/brit-ie/vol13/pp355-360 [accessed 24 April 2024]

In this section

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

3 Sixtus IV.

De Exhibitis.

1473[–4].
11 Kal. Feb.
(22 Jan.)
St. Peter's, Rome.
(f. 48r.)
To Philip Okayll, a canon of Emly (Imelacen.). Mandate, as below. The recent petition of Dermit Yhynrachthy, priest, of the diocese of Limerick, contained that after the renewal by Martin V and Paul II of all sentences of excommunication etc. against simoniacs, he made a bargain with Gyllatius Osyda, perpetual vicar of St. Mary Magdalen's, alias de Kylmohorog, in the said diocese, to the effect that if the said Gillatius would resign the said vicarage, and if it were thereafter collated and assigned to the said Dermit, the latter would for a certain time pay him a certain sum of money, thereby incurring simony and the sentences of excommunication etc. therefor: that, after the said bargain, the said Gillatius resigned the said vicarage, which he was uncanonically (fn. 2) holding with that of Cunhi (fn. 3) in the diocese of Killaloe (Laon[i]en.), to the vicar[-general] of the church of Limerick, then without a pastor, who, ignorant of the said bargain, admitted the resignation; and that the said Dermit got himself presented by the ancient patron, the prior of the monastery de Hassel [sic], O.S.A., in the diocese of Cashel (fn. 4) (who was also ignorant of the said bargain), and instituted by the said vicar; and that under pretext of such presentation and institution he took and detains possession of the said vicarage. The said presentation and institution being therefore without force, and the said vicarage being still void, as above, the pope, at the said petition, hereby orders the above canon to absolve Dermit from the said simony and sentences etc., enjoining a salutary penance, dispense him on account of irregularity, and rehabilitate him, and, after he has resigned the said vicarage to the said canon, to collate and assign it to him, value not exceeding 5 marks sterling. Solet sedis apostolice clementia. (At the end: N. xxv. Undecimo Kal. Martii anno tertio. Garilliati.) [42/3 pp.]
Id. Jan.
(13 Jan.)
St. Peter's, Rome.
(f. 71r.)
To William, bishop of Sidon (Sidonien.), (fn. 5) residing in the city of London, the dean of Chichester, and the official of Rochester. Mandate, as below. The recent petition of William Tibard, rector, called president, and the scholars of the college of St. Mary Magdalen without the east gate of the town (fn. 6) of Oxford, in the diocese of Lincoln, contained that whereas formerly (olim) Richard Aleyn, prior of the priory or house of Sela alias Sele, O.S.B., in the diocese of Chichester was wrongfully detaining possession, as he still does, of the said priory, which is canonically united to the said college [see above, p. 1], had alienated and dilapidated its jewels, ornaments, precious moveables, and fruits etc., and had unlawfully granted its possessions etc. in fee to clerks and laymen for certain sums of money, etc.; and that whereas the said president and scholars requested justice at the hands of John, bishop of Chichester, he has refused to hear them, wherefore they have appealed to the apostolic see, and petitioned the pope to commit the cause of the appeal and whatever has been attempted thereafter, and also the cause of the principal matter, to upright men in those parts. At the said petition, therefore, the pope hereby orders the above three to summon the said Richard and others concerned, hear both sides, and, taking cognizance of the principal matter also, decide what is just, (fn. 7) without appeal, causing their decision to be observed by ecclesiastical censure. Humilibus supplicum votis. [1 p. +]
1473.
3 Id. Sept.
(11 Sept.)
Tivoli.
(f. 89v.)
To John, bishop of Rochester. Mandate, as below. The recent petition of Walter Coly, layman, and Alice Honywode alias Coly his wife, of the diocese of Canterbury, contained that although they formerly contracted marriage per verba legitime de presenti, and consummated it, Elena Seruaunt of Sandwich, (fn. 8)mulier, of the same diocese, falsely alleging that the said William had previously contracted marriage with her per similia verba, brought him and the said Alice before Thomas Winterborne, clerk, auditor-general of the court of the archbishop of Canterbury, who, wrongfully proceeding, promulgated an unjust definitive sentence in favour of the said Elena and against the said Walter, without the said Alice being otherwise summoned, (fn. 9) from which he and Alice (after it came to her knowledge) appealed to the apostolic see; that they obtained papal letters in the matter of the said appeal to the bishop of Rochester [Cal. Papal Letters, XII, p. 653], (fn. 10) and in virtue thereof caused the said Elena to be summoned before the late Thomas, bishop of Rochester; that after the said bishop had inhibited the said auditor to meddle further in the said cause, the latter caused the said Walter and Alice by a public edict posted in public places (although there was safe access to the said Walter and Alice) to be cited before him, to answer certain articles concerning contempt of his ordinary jurisdiction, and, holding them to be contumacious (which was not the fact), excommunicated them, and caused them to be publicly proclaimed as excommunicate, wherefore they have appealed to the said see, etc. At the said petition, therefore, the pope hereby orders the above bishop to summon the said Elena and others concerned, conditionally (fn. 11) absolve the said Walter and Alice from the said excommunication, hear both sides, and decide what is canonical, (fn. 12) without appeal … censure, as in the preceding. Humilibus etc. [1½ pp.]
4 Id. Oct.
(12 Oct.)
St. Peter's, Rome.
(f. 113v.)
To the abbot of Wymondham in the diocese of Norwich and the official of Rochester. Mandate, at the recent petition of Margaret Bayly, relict of Thomas Bayly, layman, of the diocese of Norwich (containing that although in his last will and testament, of which he appointed her as executrix, the said Thomas ordered divers of his goods to be given by her to pious uses, nevertheless William Appylyerde, layman, of the said diocese, falsely alleging that the disposal of the said goods belonged to him, has hindered her from giving the said goods to the said uses, wherefore she has appealed to the apostolic see), to summon the said William and others concerned, hear both sides, and, taking cognizance … censure, as ibid. Humilibus etc. [1 p.]
1473[–4.]
Prid.Kal.March
(28 Feb.)
St. Peter's, Rome.
(f. 173r.)
To the bishops of Carlisle and Norwich, and the official of Rochester. Mandate, as below. The recent petition of Thomas Cornysshe, esquire, of the diocese of London, contained that he brought Matilda Tanner, mulier, of the diocese of Lincoln, who had defamed him, before William Walyngford, archdeacon of the monastery of St. Alban at St. Albans, (fn. 13) O.S.B., in the said diocese of Lincoln (to whom by ancient custom belongs the cognizance of similar causes brought against lay persons of a certain district, to which district the said Matilda belongs); that the said archdeacon, rightfully proceeding, promulgated a definitive sentence in favour of the said Thomas and against the said Matilda, who, falsely alleging it to be unjust, appealed from it to the apostolic see, and obtained papal letters in the matter of her appeal to the bishop of Ardfert and certain colleagues; that under pretext thereof she caused the said Thomas to be summoned in the said appeal cause before John, bishop of Ardfert; that inasmuch as the said bishop assigned to the said parties a holy day to hear sentence, (fn. 14) the said Thomas appealed from this and other sufficient grievances inflicted upon him by the said bishop, to the said see; that the said bishop, in contempt of the said appeal, wrongfully proceeding further in the said cause, revoked by his wrongful definitive sentence that of the said archdeacon, condemning the said Thomas in costs, wherefore he again appealed to the said see; that the said bishop, in contempt of the said later appeal, and whilst the said Thomas was within the time for prosecuting it, taxed the said costs at an excessive sum, and admonished and ordered the said Thomas, under pain of excommunication, to make satisfaction to the said Matilda in respect thereof. At the said petition, therefore, the pope hereby orders the above three to summon the said Matilda and others concerned, conditionally (fn. 15) absolve the said Thomas from the said sentence of excommunication, if delivered against him, hear both sides, and decide … censure, as ibid. Humilibus etc. [2 pp.]
10 Kal. April.
(23 March.)
St. Peter's, Rome.
(f. 179v.)
To James Cantuuel, a canon of Cashel, and Matthew Obroyn and Denis Odehayg, canons of Killaloe (Laon[i]en.). Mandate, as below. The recent petition of Dermit Keylly, clerk, of the diocese of Ardfert, contained that after he had been dispensed by papal authority on account of illegitimacy, as the son of a priest and an unmarried woman, to be promoted to all holy orders and hold a benefice even with cure, he got collation and provision made to him by authority of the ordinary of the perpetual vicarage of the parish church of Hacmallind in the said diocese, then void in a certain way [not expressed], and, having in virtue thereof obtained possession, held possession for more than a year without having himself promoted to the priesthood, and without having obtained any canonical dispensation for the purpose, not peacefully, but deceitfully, with intent not to be promoted, holding it, on the contrary, for another year, also without being promoted, as he still does, taking the fruits, although without any right. (fn. 16) The said vicarage being void by the said non-promotion, the pope hereby orders the above three to collate and assign it, value not exceeding 8 marks sterling, to the said Dermit, to whom the pope has this day ordered provision to be made of the rectory of the said church, which has cure and the yearly value of which does not exceed 4 marks sterling, void in a certain way [not expressed]. The pope hereby specially dispenses him to receive and retain for life the said vicarage and rectory, or without them any two other benefices with cure or otherwise incompatible, even if parish churches, etc., or dignities, etc., and resign them, simply or for exchange, as often as he pleases, notwithstanding the said defect, etc. Before they proceed to execute these presents, he is to resign to them the said vicarage. Apostolice sedis indefessa clementia. [3½ pp.]
1473.
9 Kal. Jan.
(24 Dec.)
St. Peter's, Rome.
(f. 252r.)
To the abbot of Dorchester (Dorkacestrie) in the diocese of Lincoln, Thomas Jan, a canon of London, and William Foldi[n]gworth, a canon of Lincoln. Mandate, at the recent petition of William Smyth, rector of the chapel of Ryn sive Rudelay in the diocese of Worcester (containing that although he obtained the said chapel by canonical collation, and held it for some time in peace, Robert Glymbrige and others, clerks and laymen, have hindered him in many ways, wherefore he has appealed to the apostolic see), to summon the said Robert and clerks and laymen, hear both sides, and decide … censure, as above, f. 71r. Humilibus etc. [12/3 pp.]
1473[–4].
5 Kal. March.
(25 Feb.)
St. Peter's, Rome.
(f. 272r.)
To Maurice Ocolghan, a canon of Kildare (Daren.). Mandate, as below. The recent petition of Maurus Ymaenaac, (fn. 17) clerk, of the diocese of Kildare, contained that on the rectory of Baleycomayn alias Ratruman in the said diocese, of lay patronage and with cure, becoming void because Donald Ocanchubayr [sic], clerk, of the said diocese, held it for more than a year without having himself ordained priest, and without papal dispensation, and having been void so long that its collation had lawfully lapsed to the apostolic see, Concanus (fn. 18) Oconchubayr, layman, the patron, presented the said Maurus to Nicholas, prior of Connall, vicar-general in spirituals of Richard, bishop of Kildare, who instituted him, under pretext of which presentation and institution he obtained possession, and has held it for about two years, taking the fruits. The said presentation and institution being therefore without force, the pope hereby orders the above canon to collate and assign the said rectory, value 8 marks sterling, to the said Maurus, whether it be void as above, or by the death of Rory (Ruerici) Ymacnaic extra R.c., or by the resignation of the said Donald or of the late Dermit Ycrunnle, or in any other way. Apostolice sedis indefessa clemencia. (At the end: P. xx. Quarto Kal. Aprilis anno tertio. de Varris.) [3¾ pp.]

Footnotes

  • 1. On the back of the volume: Anno 3. Libro 1.; cf. the description of Reg. DCCXXXI. and of several other registers below.
  • 2. munus (recte minus) canonice.
  • 3. cum alia [vicaria] de Cunhi.
  • 4. Cassinen., recte Casselen.
  • 5. Not ‘Si(n)donien.,’ as in Eubel, Hierarchia, ii. p. 262. See Cal. Papal Letters, xi. p. 57 note, and the Addenda and Index to that volume. See also above, p. 1 and note.
  • 6. opidi.
  • 7. quod iuxtum [sic] fuerit.
  • 8. de Sandewico.
  • 9. dicta Alicia aliter ad hoc non vocata.
  • 10. This shows that in the third line from the end of the text of that page the ‘?’ can be omitted.
  • 11. ad cautelam.
  • 12. quod canonicum fuerit.
  • 13. coramarchidiacono monasterii sancti Albani de sancto Albano.
  • 14. et quia dictus Johannes episcopus partibus ipsis ad audiendum sententiam certam diem in honorem dei feriatam assignavit.
  • 15. ad cautelam.
  • 16. ac collationis et provisionis huiusmodi vigore vicariam ipsam assccutus, illam per annum et ultra non tamen pacifice sed dolose animo non promouendi possidens, se non fecit impedimento cessante legitimo et nulla per eum super hoc canonica dispensatione obtenta ad sacerdotium promoveri, quin immo illam per alium annum etiam non promotus tenuit et possedit, prout tenet et possidet de presenti, fructus percipiens ex eadem quamuis de facto.
  • 17. Or Ymaenoac or Ymaenaic. The penultimate two letters are not clear, and the fourth letter ought to be a ‘c'; cf. below.
  • 18. Or Contanus, or Contrinus.