5 Kal. Oct.
Ferrara (f. 28.)
|To the bishop of St. Andrews, the abbot of Holyrood (Sancte Crucis) in the diocese of St. Andrews, and the official of St. Andrews. Mandate as below. The recent petition of Donald Kennady, perpetual vicar of the parish church of Kyrkwemys in the diocese of St. Andrews, contained that formerly Thomas Laweder, master of the Augustinian poor hospital of Holy Trinity, Soltre, in the said diocese (asserting that, although the said church had been canonically united and incorporated to the said hospital, and a fit portion assigned from its fruits for a perpetual vicar, the said Donald, not content with such portion, detained a certain quota of the said fruits) impetrated letters of the Synod of Basel, by which the bishop of Dunblane was to summon Donald and others concerned and hear and decide the cause without appeal, in pursuance of which bishop Michael gave an unjust definitive sentence against Donald, condemning him in the costs of the cause before him, Donald's appeal wherefrom to the apostolic see he was prevented by a lawful hindrance from pursuing within the lawful time. The said petition adding that the master for the time being of the said hospital takes so much yearly from the fruits of the said church that from the residue the vicar cannot be maintained and pay the episcopal dues etc., the pope orders the above three (fn. 2) , if they find the said impediment to be true, to hear both sides, and decide what is just without appeal, etc. Humilibus supplicum votis ... Exhibita siquidem nobis. (An. and Ja. de Ugolinis. | An. xii. de Adria.)|
|9 Kal. Oct.|
|To the prior of St. Andrews, John de Raylston, canon of Glasgow, and the official of St. Andrews. Mandate as below. The petition of Walter Hag, layman, of the diocese of St. Andrews, contained that lately between him and John Youl, layman, of the said diocese, a cause arose before the secular judge of the court of the monastery of Holyrood, which is within the district of Lothian (Laudonie) in the said diocese, to whose jurisdiction the said parties belonged, about the inheritance of the late John Damsori, layman, townsman of the town of Bruges (opidani opidi Burgen.) in the diocese of Tournai, to whom Walter had succeeded as universal heir; that, an objection (exceptio) having
been raised by the said John, to the effect that Walter was illegitimate and therefore incapable of succeeding, the parties were remitted by the said judge to the ecclesiastical court (forum) for the discussion of the said objection, and had recourse to Alexander de Castell[c]aris, perpetual vicar of Munkto[n] in the diocese of Glasgow, to whom Henry, bishop of St. Andrews, had committed the cognizance and decision of the said objection; that the said Alexander gave a definitive sentence by which he imposed perpetual silence on John in the matter, and condemned him in the costs before him, 29s. of the money of those parts, from which sentence, falsely alleging it to be unjust, John appealed to the apostolic see; that John, although not lawfully hindered, did not pursue the appeal within the lawful time, but that Hugh de Turyngo, rector of Qwilt in the said diocese, surrogated by the said bishop to the said Alexander, unduly delayed to pronounce the said appeal to have been and to be abandoned (desertam fuisse et esse) and the said sentence to have become a res judicata, wherefore Walter, aggrieved thereby, again (fn. 3) appealed to the said see. At the said Walter's petition, which added that John has by the said objection greatly defamed and injured him, and prayed for the commission in those parts of the said appeals, and of the other causes which he intends to bring against John, the pope orders the above to summon John and others concerned, hear both sides, and decide what is just without appeal, etc. Exhibita nobis. (An. and Ja. Petri. | An. xvi. de Adria.)|
5 Non. March.
Florence (f. 72.)
|To the precentor of Dunkeld. Mandate as below. The recent petition of Robert de Essy, clerk, of the diocese of St. Andrews, licentiate in theology, contained that a cause arose lately between him and John Steyll, canon of Brechin, about the perpetual vicarage of Ouchterhous in the diocese of Dunkeld, in the gift of the bishop of Dunkeld, of which he had had provision made to him, on its voidance by the death of John Cador, in virtue of letters of the present pope ordering provision to be made to him of a benefice with or without cure in the gift of the bishops and the prior and dean and chapters etc. respectively of St. Andrews and Dunkeld, and of the Benedictine abbot and convent of Aberbrothoc in the diocese of St. Andrews [see Cal. Lett. VIII, pp. 578, 579]; and that the pope, at John's instance, committed the cause, although not lawfully devolved to the Roman court, to Baptista, elect of Chieti (Theatin.), then residing in the said court, who is said to have proceeded to a number of acts. Seeing that John proposes to give up the said cause and all right in or to the said vicarage the pope, hereby calling up the cause to himself, orders the above precentor to resume and hear it further, and decide it, to receive and admit John's resignation,
and thereupon to surrogate the said Robert, who is also M.A., in and to all the said right, and make collation and provision to him thereof etc., and furthermore to collate and assign to him the said vicarage itself, value not exceeding 16 marks sterling. As soon as he obtains possession, the said letters shall be null [as far as regards a benefice with cure only.] Litterarum ... Exhibita siquidem nobis. (An. and M. Pinardi.| An. xxii. Sextodecimo Kal. Aprilis Anno Nono. de Adria.)|
|16 Kal. May.|
Ferrara. (f. 133d.)
|To Master Geminianus de Prato, a papal chaplain and auditor. Mandate as below. The petition of David Carnach, a canon of Dunkeld, contained that on the deanery of Brechin, a major dignity, becoming void by the death of Cuthbert Henrici sive Alanson, and reserved under the pope's late reservation of all major cathedral dignities, the greater and sounder part of the chapter elected him, and that he got the election confirmed by authority of the ordinary, and obtained possession; and that, upon a cause arising between him and Duncan [de Leighton], (fn. 4) a canon of Brechin, who alleged that provision had been made to him by papal authority [see Cal. Lett. VIII, p. 651], and hindered David's peaceable possession, the present pope at Duncan's instance committed it, although not lawfully devolved to the Roman court, to the above auditor, who has proceeded short of a conclusion. Seeing that the said election and confirmation and obtaining possession by David do not hold good, and seeing that, as the said petition added, the provision to Duncan is also said not to hold good (for the reason that he got provision made to him on the Nones of May [May 7] 1437, of the said deanery, as being void by the death in Scotland of the said Cuthbert on the preceding 4 Kal. May [April 28], that is to say within ten days after the said death, within which space of time it is not probable that certain news of the date of the voidance could come from Scotland to Bologna, where the pope was then residing with his court, inasmuch as from those parts to Bologna it is, as the pope has learned, a journey of three weeks at least, wherefore the impetration was probably obtained not without fraud) the pope therefore orders the above auditor, if he find that the said impetration and provision were made and obtained by Duncan within ten days from the date of the said voidance, and that within that time the news of the voidance could not probably have been known in the said court, to declare null the said provision and the letters thereof and their consequences, and in that event to collate and assign to the said David, who has been received by authority of the ordinary as a canon of the said church [of Brechin], the said deanery, which is elective and has cure, value not exceeding 30l. sterling; notwithstanding that he holds a canonry and the prebend, called the subdeanery, of the said church [of
Brechin], a canonry and the prebend, called the rectory, of Tulinessil in Aberdeen, and a canonry and the prebend, called the rectory, of the collegiate church of Dumbar in the diocese of St. Andrews, value not exceeding 5l., 10l. and 10l. sterling respectively. (fn. 5) Vite etc. (An. and Ja. de Ugolinis. | An. xxxv. Decimoseptimo Kal. Januarii Anno Octavo. de Adria.) [See below, p. 27.]|
|3 Non. Nov.|
|To the chancellor of Ross. Mandate, at the recent petition of John Cameron, clerk, of the diocese of St. Andrews (containing that on the voidance of a canonry of Glasgow and the prebend of Camyslang by Thomas Roulle obtaining the chancellorship thereof, collated to him by authority of the ordinary, Archibald, earl of Douglas, the patron by special papal privilege, presented the said John, then in his twelfth year, to bishop John, who instituted him, in virtue of which presentation and institution he obtained possession, but now doubts whether they hold good) to collate and assign to John, who is in his thirteenth year, if found fit after examination, the said canonry and prebend, still void as above, value not exceeding 36l. sterling. Dignum ... Exhibita siquidem nobis. (An. and Ja. de Vicen[ti]a. | An. xxii. Octavo Id. Novembris Anno Octavo. de Adria.)|