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1401.
8 Kal. July.
St. Peter's, Rome.
(f. 1) |
To Master Leonard de Sulmona, papal chaplain and auditor. Mandate, as below, in the cause which lately arose between Thomas Sutton, clerk, of the diocese of York, and the late Walter Vavasor, priest, about the canonry and prebend of Lumley in Chester-le-Street, Thomas asserting that on their voidance by the death of Guy de Pestellis at the apostolic see, he received papal provision, under which he obtained possession, holding them for some time in peace, which provision Walter opposed; Walter asserting that they belonged to him by right, and that he was despoiled by Thomas. The cause, although not by its nature lawfully devolved to the apostolic see, was committed by the pope, at the instance of Thomas, to the above auditor, before whom, as also before other auditors, Walter has gained, in possessorio only, three definitive sentences. As the pope has learned that before execution of such sentences was asked for, and while the cause in petitorio has been pending before the said auditor, Thomas being still in possession, the said Walter has died without the Roman court, he orders, motu proprio, the auditor to surrogate Thomas to Walter in respect of his right, and, moreover, to collate and assign to him the said canonry and prebend, value not exceeding 20 marks. Vite ac morum. |
17 Kal. Aug.
St. Peter's, Rome.
(f. 47.) |
To the dean of Cloyne (Cluanen.). Mandate to collate and assign to Donald Ycullayn, priest, of the diocese of Cloyne (Cluanen.) if found fit in Latin, the still void vicarage, value not exceeding 10 marks, of Eanachtrayn, in the said diocese; as he doubts whether the collation and provision, made to him by Gerald, bishop of Cloyne (Cluanen.), on the death in the Roman court, of Cornelius Mackeallachayn, under which he is still in possession, hold good. Dignum arbitramur. (De mandato.) |
Kal. Aug.
St. Peter's, Rome.
(f. 65d.) |
To Master Leonard de Sulmona, papal chaplain and auditor. Mandate, as below, in the cause which lately arose between Thomas More, canon of London, and Master John Prene, papal chaplain and auditor, about the canonry and prebend of St. Margaret [Leicester] in Lincoln, John asserting that on their voidance by the promotion, made by the pope, of Richard, bishop of Bangor, and the lapse of the canonical time for consecration, he received provision by papal authority, which provision Thomas unjustly opposed and has hindered from taking effect, intruding himself; Thomas asserting that, void as above, they lawfully belong to him under collation by authority of the ordinary. The cause, although not by its nature lawfully devolved to the Roman court, was committed by the pope, at John's instance [to the above auditor]. As the pope has learned that John freely renounces his cause and his right he orders, motu proprio, the above auditor to admit such renunciation, to surrogate Thomas, even if intruded, to John's right, and to collate and assign to him the said canonry and prebend, value not exceeding 100 marks. Vite ac morum. (De mandato.) |
6 Id. May.
St. Peter's, Rome.
(f. 124.) |
To Bertrand, archbishop of Amalfi, dwelling at the Roman court. Mandate, as below, in the cause which lately arose between John Byoer, canon of Salisbury, and Guy bishop of St. Davids, then priest, of the diocese of Exeter, about the canonry and prebend of Middelton, in the church of the Benedictine nuns’ monastery of Wherewel, in the diocese of Winchester—in which are some secular canons with prebends—John asserting that, on their voidance in a certain way, he obtained them by authority of the ordinary and held and possessed them in peace for some time, which Guy unjustly opposed, hindering his peaceful possession, despoiling him and intruding himself; Guy asserting that they lawfully belonged to him. The cause, lawfully introduced, by John's appeal, to the apostolic see, was, with the appeal, committed by the pope, at John's instance, to [the late] Master Herman Bilvelt, papal chaplain and auditor, who, proceeding in possessorio only, removed Guy and restored John, reserving power to proceed in petitorio. As it was asserted that neither John nor Guy had a right, the pope ordered the same auditor, if he found this to be so, to collate and assign the canonry and prebend to John, and specially reserved them to his own collation and disposition, 3 Kal. April, anno 8 [1397]. Seeing that, as the pope has learned, John has neglected, in accordance with an ordinance of the pope on the subject, to have the letters of grant made out within a certain time, and that the grant cannot therefore take effect, as a special grace to John, he, motu proprio, orders the above archbishop, who still holds the place of an auditor, if he find that, as above, neither had and has any right, to collate and assign to John the said canonry and prebend, value not exceeding 80
(sic) marks. Vite ac morum. (De mandato.) [See above, Reg. LXXX, f. 67d, and below, f. 223.] |
3 Id. April.
St. Peter's, Rome.
(f. 202d.) |
To the precentor of St. Davids. Mandate, etc. as below, in the cause which lately arose between Adam Usk, rector of Kemsyng, D.C.L. of the diocese of Rochester, and Walter Ammeney, priest, of the diocese of Exeter, about the canonry and prebend of Landogy in Abergwili, collation of which, void because Walter had detained the said prebend along with that of Lansanffreyd in the same church, and so long void that their collation had lapsed to the archbishop of Canterbury, Adam asserts that he obtained by authority of the said metropolitan, and possession of which he obtained and held for some time, which collation, etc. Walter unjustly opposed and still opposes, hindering his peaceful possession; Walter asserting that the canonry and prebend lawfully belong to him, and that he has been despoiled by Adam. The cause, lawfully introduced by Walter's appeal to the apostolic see, was, with the appeal, committed by the pope, at Walter's instance, to James, elect of Aquila, then papal chaplain and auditor, who, proceeding in possessorio only, by definitive sentence removed Adam and restored Walter, which decision became res judicata. Seeing that, as Adam's petition adds, it is very onerous for him to litigate in the Roman court, that the merits of the cause can be made more fully clear in [those] parts, and that some assert that neither he nor Walter has any right, the pope calls up the cause to himself and orders the precentor to hear and decide it. Further, if he find that neither has any right, he is to collate and assign to Adam the said canonry and prebend, value not exceeding 20 marks; notwithstanding that he holds Kemlyng (sic), value not exceeding 60. Litterarum scientia, vite etc. (De mandato.) |
14 Kal. July.
St. Peter's, Rome.
(f. 208d.) |
To the bishops of Telese and Ferns, and the abbot of St. Mary's (de Portu Sancte Marie), Downbrothi, in the diocese of Ferns. Mandate, motu proprio, to collate and assign to John Rede, archdeacon of Cork, the still void deanery of Waterford, value not exceeding 24 marks, which, on its voidance by the death of Walter Lodelowe, he accepted and of which he caused provision to be made to him under papal letters by which he, holding a canonry of Waterford, was expecting a prebend and a dignity, personatus or office. The pope has learned that some assert that the said acceptance and provision of the deanery do not hold good. The collation is to be made to John—who has, in litigation at the apostolic see, obtained against a certain adversary a definitive sentence which has become res judicata—even if the deanery be a major elective dignity with cure; and he is hereby dispensed to hold it for life together with his archdeaconry, even if the latter have cure and be a similar dignity and be elective, and to resign both for exchange or otherwise, and hold instead two similar or dissimilar incompatible benefices. Vite etc. |
1401.
4 Non. Aug.
St. Peter's, Rome.
(f. 217.) |
To the prior of Killagh (de Bellolooo) in the diocese of Ardfert. Mandate to collate and assign to Cornelius [son] of Thomas Ysullibayn, clerk, of the said diocese, who is in his twenty-first year or thereabouts, if found fit, the still void perpetual vicarage, value not exceeding 5 marks, of Kylldutom in the said diocese, which he obtained, on its voidance by the death of John Osullebayn, by presentation of the patrons, the Augustinian prior and convent of St. Mary's Killagh (de Bellolooo), to bishop William, and by institution of the archdeacon of Aghadoe (de Achadeo) in Ardfert, to whom the institution to such benefices by ancient custom belongs. He doubts whether the said presentation and institution hold good. The collation is to be made notwithstanding his said defect of age, on account of which the prior is to grant that he may hold the vicarage. Dignum arbitramur. (De mandato.) |
8 Kal. Sept.
St. Peter's, Rome.
(f. 223.) |
To Master Nicholas [de] Vordis, papal chaplain and auditor (corrected in margin by Jac [obus de Teramo] from James, bishop of Aquila, dwelling in the Roman court). Mandate, motu proprio, as below, in the cause which lately arose between John Boor, canon of Salisbury and the late John Doneys, priest, about the canonry and prebend of Middelton in the church of the Benedictine nuns’ [monastery] of Wherwell in the diocese of Winchester [in which etc. as above, f. 124], Doneys asserting that, on their voidance in a certain way, he obtained canonical collation and provision of them, which Boor unjustly opposed and still opposes, hindering them from taking effect; Boor asserting that they belong to him. The cause having been lawfully introduced to the apostolic see and ventilated before divers auditors, Doneys obtained two definitive sentences, Boor's appeal from the second of which the pope committed to the above auditor. Seeing that, as the pope has learned, Doneys has died at the apostolic see while the cause was pending, he orders the auditor to surrogate to him, in respect of his right, John Bremore, canon of Chichester, and further, to collate and assign to Bremore the said canonry and prebend, value not exceeding 70 (sic) marks. The pope hereby declares, also motu proprio, in order that these presents may have their effect, that his intention has been and is that such provision and mandate or grant of provision and surrogation should be made to John Bremore and to no other, and that if it happen that on this or any other day the like provision etc. has been made to any other or others, such provision etc. shall be null and void; with inhibition to the above or any other auditor to surrogate any other than Bremore, or to proceed to the execution of other apostolic letters which do not contain special and verbatim
mention of these presents. Vite ac morum. (De mandato.) |
