BHO

Lateran Regesta, 407: 1444

Pages 413-416

Calendar of Papal Registers Relating To Great Britain and Ireland, Volume 9, 1431-1447. Originally published by His Majesty's Stationery Office, London, 1912.

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14 Eugenius IV.

De Exhibitis.

1444.
Prid. Non. May.
St Peter's, Rome. (f. 6.)
To Bartholomew, archbishop of Florence, residing in the Roman court, and the abbots of Mebcos (rectius Melros) and Holyrood, Edinborch, in the dioceses of Glasgow and St. Andrews. Mandate as below. The recent petition of William de Elphinston, canon of Glasgow, contained that on the voidance of a canonry of Glasgow and the prebend of Awncrum by the death of George Neuton he, in virtue of certain papal letters, accepted them within the lawful time and had provision made to him thereof, but that John de Borthwyk, Alan de Borthwyk, William de Dunvar (rectius Dunbar), Patrick de Glendonwyn and James de Camera, clerks, of the dioceses of St. Andrews and Glasgow, each wrongfully claiming it, opposed and prevented the said acceptance and provision from taking effect, as they still do; that the cause which arose between Elphinston and them was by his appeal lawfully introduced to the Roman court, and that the present pope at Elphinston's instance committed the appeal and the principal matter to Baptista, elect of Chieti (Theatin.), holding the place of a papal auditor, who by a definitive sentence adjudged the canonry and prebend to Elphinston, imposed perpetual silence on the said John etc., and condemned them in costs, which he afterwards taxed at 28 gold florins of the camera. At Elphinston's said petition, adding that he doubts whether the said John etc. will obey the said sentence etc., the pope orders the above to cause it to be executed, inducting Elphinston, removing any detainer, and causing satisfaction to be made to him in respect of the said costs, etc. Exhibita nobis. (An. and Anselmus. | An. xii. de Adria.) [32/3 pp. See Cal. Lett. VIII, p. 678, and above, p. 44.]
4 Id. June.
St. Peter's, Rome. (f. 33d.)
To the abbot of Cambuskymneth in the diocese of St. Andrews, and the archdeacon and the official of St. Andrews. Mandate as below. The recent petition of Alexander de Kynglassi, priest, of the diocese of St. Andrews, contained that formerly a suit between him and Thomas de Kyngorne and John Wryth, priests, about the perpetual vicarage of Mussilburch, in the said diocese, was pending before the late Laurence de Aretio, a papal auditor; that a definitive sentence was given in favour of John and against Thomas, which became a res judicata; that the said John, whilst the suit between him and Alexander was pending, gave up the suit and all right in and to the vicarage; that William Bron, priest, was surrogated to John and gained against Alexander a definitive sentence, which also became a res judicata, that the pope, upon the voidance of the said vicarage by William's death without having had possession in virtue of the said sentence, ordered provision to be made thereof to Alexander; and that the said John, although having no right in or to the said vicarage after his said resignation, cunningly procured the commission in the Roman court of his cause against Alexander, and, by the production of unfit and ignorant witnesses, gained three definitive sentences against Alexander. At Alexander's said petition, adding that he was absent from the Roman court and undefended, and at the petition on his behalf of James, king of Scotland, the pope orders the above to absolve him from sentences etc. incurred by his nonappearance, enjoining penance, dispensing him on account of irregularity and rehabilitating him etc., and, if they find the foregoing to be true, to annul the sentences delivered against him, imposing perpetual silence on John, and not permitting Alexander to be molested by him. Justis et honestis. (An. and G. de Elten. | An. xxiiii. de Adria.) [3¼ pp. See above, pp. 27, 28.]
1444.
9 Kal. July.
St. Peter's, Rome. (f. 40.)
To Matthew Ofergail, clerk, of the diocese of Ardagh. Dispensation to him (who is the son of unmarried parents related in the second degree of kindred and the double fourth of affinity, and is on both sides of a noble stock of dukes, and who has been tonsured) on account of irregularity contracted by being present at divers fights in which several men were killed and mutilated, none of whom he killed or mutilated himself; with further dispensation to be promoted to all holy orders and minister therein, and hold two compatible benefices with or without cure, and to resign them, simply or for exchange, as often as he pleases; with rehabilitation. Solet sedis apostolice. (An. and G. Gonne. | An. xxxv. de Adria.)
3 Kal. Aug.
St. Peter's, Rome. (f. 47.)
To the prior of Rastinot in the diocese of St. Andrews. Mandate as below. The recent petition of Richard Wyli, chancellor of Brechin, contained that upon the voidance of the chancellorship by the death of Geoffrey de Abbrotoch, he, in virtue of certain papal letters, accepted it within the lawful time and had provision made to him thereof, and obtained possession, but that Richard Doid and David Tramoth, priests, of the diocese of St. Andrews, each wrongfully claiming it, appealed from the said taking possession to the apostolic see. At the petition of Richard for the commission in those parts of the cause of the appeal and of the principal matter, which he desires to be decided as soon as possible, the pope orders the above prior to summon the said Richard Doid and David, hear both sides and decree what is just, without appeal. Humilibus supplicum votis. (An. and Anselmus. | An. x. de Adria.)
8 Id. July.
St. Peter's, Rome. (f. 89.)
To the abbots of Lindores (de Londoris) and Cupar (de Cupro), and the prior of Rostinot, in the diocese of St. Andrews. Mandate as below. The recent petition of William de Forbes, canon of Brechin, contained that Matthew de Romanos, clerk, of the diocese of St. Andrews (in virtue of a faculty granted by the present pope to Anthony, bishop of Urbino, then papal nuncio in Scotland, to reserve to his gift and to make collation and provision of twelve benefices in the said realm, even if canonries and prebends of cathedral churches [Cal. Lett., VIII, p. 288]) obtained a canonry and prebend of the said church on voidance by the death of William de Hawyk, and held them peaceably for more than three years, without William Fichet, clerk, of the diocese of Aberdeen, beginning any suit against him; but that subsequently James, bishop of St. Andrews, in virtue of certain papal letters [see Cal. Lett., VIII, p. 238], deprived and removed Matthew for his adherence to the so-called General Council of Basel, after its transfer by the pope, and made collation and provision of them, thus void, to the said William de Forbes, who in virtue thereof obtained possession and had been in peaceable possession for almost a year when the said William Fichet, alleging that provision thereof, void by the said death, had been made to him by other letters of the pope, appealed from the said bishop's collation and provision and from the said obtaining possession to the apostolic see. At the petition of the said William de Forbes (who doubts whether the said Matthew, perhaps exasperated on account of the said deprivation and removal, will be willing to prove that the process under the said faculty, by which he obtained the said canonry and prebend, took place; and who alleges that he is related to James, king of Scots, in the third degree of kindred), for the commission in those parts of the cause of the said appeal and of the principal matter, the pope orders the above to summon the said William Fichet, and if they find proof, by witnesses or public report, that Matthew obtained the said canonry and prebend in virtue of the said faculty, to hear and decide the said cause. Humilibus supplicum votis. (An. and G. de Elten. | An. xvi. de Adria.)
17 Kal. June.
St. Peter's, Rome. (f. 232d.)
To the priors of Lanthony [Secunda], Maxstoke and Briceter, in the dioceses of Worcester, Lichfield and Norwich. Mandate as below. The recent petition of Thomas Beke, priest, of the diocese of Worcester, contained that on the voidance of the parish church of Boxwel in the said diocese, by the free resignation of John Walliynton to Thomas, bishop [now] of Ely, then of Worcester, the abbot and convent of Gloucester in the said diocese, O.S.B., the ancient patrons, presented the said Thomas to the said bishop, who instituted him; that in virtue of the said presentation and institution he obtained the said church and held it for some time, and gained against John in those parts a definitive sentence, which became a res judicata, but that, yielding to the persuasions of some who alleged that, on account of the inordinate favours which John had in the said church, he would not be able to possess it in peace, he resigned it and all right in or to it. At the said petition, which added that he repents the said resignation, which has not yet been admitted, and desires to be restored to the said church, value not exceeding 20 marks sterling, and to the said right, the pope orders the above to so restore him, and to decree that he can retain the said church, as if the said resignation had not been made. Humilibus supplicum votis. (An. and Jo. de Reate. | An. xvi. de Adria.)

Footnotes

  • 1. On the back of the volume is the usual modern description 'Eugenio IV. 1444. Anno 14. Lib. 1.' The bottom edge of the volume has the usual contemporary description 'Primus de exhibitis anno xiiii domini nostri Eugenii pape iiiiti.' A flyleaf has, in contemporary hands, 'Primus de Exhibitis 14o.' and 'Felix,' and in the usual modern hand 'Lib. clxxxi, fol. 318.'