Calendar of Papal Registers Relating To Great Britain and Ireland: Volume 8, 1427-1447. Originally published by His Majesty's Stationery Office, London, 1909.
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'Lateran Regesta 348: 1437', in Calendar of Papal Registers Relating To Great Britain and Ireland: Volume 8, 1427-1447, (London, 1909) pp. 619-624. British History Online https://www.british-history.ac.uk/cal-papal-registers/brit-ie/vol8/pp619-624 [accessed 9 May 2024]
In this section
Lateran Regesta, Vol. CCCXLVIII (fn. 1)
7 Eugenius IV
De Exhibits
| 1437. 13 Kal. May. Bologna. (f. 111.) |
To the abbot of Holy Trinity, Ballintober (de Fonte Sancti Patricii), in the diocese of Tuam. Mandate to collate and assign to Dermit Ocuyn, priest, of the diocese of Tuam, the still void, as below, perpetual vicarage of Futtayr in Conmacnecule, in the said diocese, value not exceeding 2 marks, as he doubts the validity of the collation and provision made to him by the late archbishop John on its voidance by the resignation made to him thereof by the late Maurice Joy, by vigour of which he has held it for about thirty years. Dignum etc.Exhibita nobis etc. (An. and Cyprianus. | An. xx. Quinto Id. Maii Anno Septimo. de Adria.) |
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| 10 Kal. Sept. Bologna. (f. 159d.) |
To the bishop of Orte and the abbots of Holywood (Sacrinemoris) and Tengland, in the dioceses of Glasgow and Whitehern. Mandate, at the petition of John Walson, perpetual vicar of Lochruton in the diocese of Glasgow—containing that although he duly obtained by vigour of papal letters the said vicarage on its voidance by the death of Gilbert de Podwyk, John Marc alia[s] de Nouo Edgar, clerk, of the said diocese, falsely claiming it, prevented him, as he still does, from obtaining peaceable possession, wherefore Walson appealed to the apostolic see; that the present pope at Walson's instance committed the cause of the appeal and of the principal matter to Master Peter Martini de Caueisrubeis, a papal chaplain and auditor, who by a definitive sentence declared that the said grace and obtaining etc. were canonical, adjudged the vicarage to Walson, imposed perpetual silence on Marc and condemned him in costs, which he afterwards assessed at 26 florins of gold of the camera; and adding that he doubts whether Marc will obey the said sentence and the proceedings to be taken under these presents—to publish the aforesaid when and where expedient, causing Walson to enjoy peaceable possession and satisfaction to be made to him in respect of fruits and the said costs, invoking the aid of the secular arm etc. Exhibita nobis. (Ja. and Anselmus. | Ja.xvi. Aprutin.) |
| 12 Kal. Sept. Bologna. (f. 164.) |
To Master Francis de Cruylles, a papal chaplain and auditor. Mandate as below. The pope lately, upon learning that the canonry and prebend of Monythy in Dunkeld had become and were void by the resignation of Thomas de Cardeny to bishop Robert, and that the late John de Fauklande, priest, had unduly detained possession for about four months, as he was still doing, ordered the official of Dunkeld to summon the said John and others concerned and to collate and assign the same, whether void as above or in any other way, to Robert Macgillecqhualum, priest, of the diocese of Dunkeld [above, p. 426]. Afterwards (upon its being set forth to the pope on behalf of the said Robert Macgillecq[h]ualum that the said John, claiming them, was hindering provision from being made to Robert, and that Robert had caused John to be summoned before William Ramesay, clerk, then official of Dunkeld, and that, after the said official had taken some proceedings, the said John had on insufficient grounds appealed to the apostolic see, the pope, at John's instance, committed the cause of the appeal and of the principal matter to the above auditor, who, proceeding even after the said John's death, was said to have promulgated a definitive sentence in behalf of Robert and against John) the pope ordered the said auditor to surrogate Robert to all John's right at the time of his death, and to collate and assign it to Robert, and otherwise admit him to the position in which John was at the time of his death and in which he would have been had he lived. Subsequently, before Robert had been thus surrogated, and whilst the case was still pending before the said auditor, James Broys, clerk, of the diocese of St. Andrews, under pretext of other letters of the present pope by which he, holding inter alia a canonry of Aberdeen, was expecting a prebend therein and also a benefice with or without cure, even if a canonry and prebend or a dignity etc. in the gift of the bishop and the dean and chapter etc. of Dunkeld, accepted within the lawful time and caused provision to be made to him of the above canonry and prebend of Dunkeld, void as above, and obtained de facto possession. Seeing that, whilst the said suit has been still pending, the said James by himself, and the said Robert by his proctor David Hamelton, dean of Aberdeen, have this day ceded to the pope the said cause and all right in or to the said canonry and prebend, the pope orders the auditor to surrogate Laurence Pyot, canon of Moray, M.A., in respect of such right, and to collate and assign it to him, etc., and moreover to collate and assign to him the said canonry and prebend themselves, value not exceeding 16l. sterling, whether void by the said resignation, or death or cessions, or in any other way. Litterarum etc. (Ja. and G. de Elten. | Ja. xxviii. Tertio Non. Septembris Anno Septimo. Aprutin.) [5 pp.] |
| 9 Kal. Aug. Bologna. (f. 188d.) |
To Master Robert de Cavalcantibus, a papal chaplain and auditor. Mandate as below. The recent petition of John Moderwel, priest, of the diocese of Glasgow, contained that a cause arose lately between him and John Cambell, priest, of the said diocese, about the perpetual vicarage of Estw[o]de in the same diocese, which Moderwel claimed under a collation by authority of the ordinary made on its voidance by the death of John Gardinar (sic), Cambell opposing and preventing the collation from taking effect, and that the cause was lawfully introduced, by Moderwel's appeal, to the Roman court; and that the present pope, at Moderwel's instance, committed the cause of the appeal and of the principal matter to Master Geminianus de Prato, a papal chaplain and auditor, who by a definitive sentence adjudged the vicarage to Moderwel and imposed perpetual silence on Cambell. Subsequently, on its being set forth to the pope by Cambell that he had been prevented by a grave illness from repairing to the Roman court for the prosecution of the said cause, and by poverty from sending some one thither in order to direct it, the pope gave commission to the above auditor Robert to restore Cambell, having first obeyed the said judgment, as against the said sentence, and thereupon to administer justice to the parties; and the said auditor, having thus restored Cambell, is said to have proceeded, short of a conclusion. Seeing that Cambell, being in possession, proposes to give up the said suit and cause and all right in or to the said vicarage, the pope, desirous that a fresh adversary shall not be surrogated to Moderwel, and that on account of such cession no loss shall be suffered by Cambell—who was lately dispensed by papal authority, as the son of unmarried parents of a [great] race of barons (fn. 2), (i) to be promoted to all, even holy orders and hold a benefice even with cure, (ii) having been so promoted and having obtained, canonically collated to him, the said vicarage on its voidance, to hold three other benefices with and without cure, compatible with it and with one another, even if canonries and prebends and dignities etc., and to resign them, simply or for exchange, as often as he pleased [above, p. 618]—orders the above auditor to receive from Cambell or his proctor the said cession for this time only, and thereupon to surrogate Moderwell in and to the said right, and to collate it to him, etc., and moreover to collate and assign to him the vicarage itself, value not exceeding 37 marks of the money current in Scotland, whether it be void by such cession, or by the said death, or in any other way, reserving to Cambell a yearly pension from its fruits etc. of 16 marks of the said money, to be paid by Moderwel and his successors, for Cambell's life, or until he obtains another benefice of fitting value; notwithstanding that the pope lately ordered provision to be made to Moderwel of a benefice with or without cure, even if a canonry and prebend or a dignity etc., in the gift of the bishop and the dean and chapter etc. of Brechin and the Cluniac abbot and convent of Paisley, and to Cambell of one or two benefices, even if one of them had cure or were a canonry and prebend or dignity etc., in the gift of the bishop and the archdeacon, dean and chapter etc. of Dunkeld and the Benedictine abbot and convent of Kelwenni in the said diocese.Apostolice sedis etc. Exhibita siquidem nobis. (An. and G. de Elten. | An. xxxx. Sexto Kal. Septembris Anno Septimo. de Adria.) [4 pp. See also above, p. 494.] |
| 6 Kal. June. Bologna. (f. 239d.) |
To the bishop of Dunblane, the abbot of Inchcolm (Sancti Columbe) in the diocese of Dunkeld, and the archdeacon of Hainaut in Liege. Mandate as below. The petition of Robert Heriote, canon of Glasgow, contained that although on the voidance by the death of John Forestarii of a canonry and prebend of Glasgow he was presented within the lawful time by John Forestarii, knight, of the diocese of St. Andrews (to whom the presentation belongs by special papal privilege) to James Cameron, vicar-general in spirituals of bishop John, and by him instituted, and, in virtue of the said presentation and institution obtained them, nevertheless, after he had been in possession for some time, Walter Stewart, clerk, of the diocese of Glasgow, falsely claiming them, prevented his peaceable possession; that the present pope committed the consequent cause, although not lawfully devolved to the Roman court, to Master Francis de Cruylles, a papal chaplain and auditor, who, proceeding therein in a way that was null (nulliter in ea procedens), gave a definitive sentence against Robert; that the present pope, at the instance of Robert, asserting that the said sentence was null, committed the cause of the nullity, first to the late Peter Nardi, and then to Master Baptista de Roma, papal chaplains and auditors, the latter of whom decreed the said sentence null, and annulled it, condemning Walter in the costs of the cause before him; and that the pope committed Walter's appeal from Master Baptista's sentence to Master Robert de Cavalcantibus, a papal chaplain and auditor, who confirmed Master Baptista's sentence and declared Walter's appeal therefrom bad, condemning him in the costs of the cause before himself. Seeing that Robert has appealed from Master Robert's sentence, the pope has committed the cause of the appeal to Master Peter Martini de Caueisrubeis, a papal chaplain and auditor, who has confirmed Master Robert's said sentence, declaring Walter's appeal therefrom bad, and condemning him in the costs of the cause before himself, which costs the said Masters Baptista, Robert and Peter have assessed at 40, 14, and 8 florins of gold of the camera respectively. The said petition adding that Robert doubts whether Walter will obey the said sentences and the processes to be made by vigour of these presents, the pope orders, as above, f. 159d, mutatis mutandis. Exhibita nobis. (Ja. and Anselmus. | Ja. xxiiii. Aprutin.) [3 pp. See above, pp. 336, 337.] |
| 4 Kal. June. Bologna. (f. 243.) |
To the abbot of St. Mary's, Dowske, in the diocese of Ossory, and the archdeacon and John Ocurryn, canon, of Leighlin. Mandate as below. The recent petition of William Ocirdhubayn, treasurer of Ferns, contained that the present pope—having been informed by him that John de Wros alias de Wrosteth, then treasurer, had dilapidated the treasurership and, a notorious fornicator, was disgraced by divers other crimes and excesses—ordered the dean of Glendalough (Glandelocacen.) (seeing that from fear of John's power William had no hope of obtaining justice in the city and diocese of Ferns), if William would accuse John before him, to summon John, and if he found the above or enough thereof to be true to deprive John, and in that event to collate and assign the treasurership to William; that, William having made the said accusation etc., the said dean gave a definitive sentence in favour of William, from which John, falsely alleging that it was unjust, appealed to the apostolic see; that afterwards bishop Robert, at John's instance, sequestrated the said treasurership and, without any lawful cause, excommunicated William and caused him to be publicly proclaimed excommunicate, wherefore William appealed to the said see: and that subsequently John impetrated, in the matter of his said appeal, papal letters addressed to the dean of Ferns and the prior of St. Mary's, Silaskair, in the diocese of Ferns and, under pretext thereof, caused to be cited, in his said appeal cause, before the said dean and prior the said William who (inasmuch as they proceeded in spite of certain lawful objections made by him to their jurisdiction, and, at the said John's instance, excommunicated him and caused him to be publicly proclaimed excommunicate) appealed to the said see, but, detained by a lawful impediment, has not prosecuted his said appeals within the lawful time. The pope, therefore, at William's said petition, orders the above three to summon John and others concerned, absolve William conditionally (ad cautelam) from the said excommunication, and decide what is just, without appeal, causing their decision to be observed by ecclesiastical censure.Humilibus supplicum votis… Exhibita siquidem nobis. (An. and Ja. Goyer. | An. xx. de Adria.) |