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1440. 5 Kal. June. Florence (f. 3d.) | To the bishop of Connor. Mandate to dispense to marry Odo Oneill, layman, of his diocese and Finduala ingen Yconcabair, dwelling in his diocese, notwithstanding that they are related in the double third and simple third and fourth and double fourth degrees of affinity, aware of which they more than once committed fornication; decreeing past offspring, if any, and future offspring legitimate. Oblate etc. (An. and B. de Monte. | An. xx. de Adria.) |
9 Kal. Oct. Florence (f. 16d.) | To the bishops of Valva and Clogher, and the prior of Lowth in the diocese of Armagh. Mandate as below. The recent petition of John Leche alias Mackeallay, rector of Chuaynfyachna (rectius Cluaynfyachna) in the diocese of Armagh, contained that formerly in his cause long
ventilated in the Roman court before a certain auditor, by commission of the present pope, against Solomon Ochorri, clerk, of the said diocese, about the said rectory, provision of which, on its voidance by the death in the Roman court of William Mackawil, had been made by papal authority to John, and of which Solomon was in possession, he obtained a definitive sentence, by which it was adjudged to him and perpetual silence imposed on Solomon, Solomon removed and John inducted, with condemnation in respect of fruits and costs, and that he impetrated letters of execution of the said sentence, which became a res judicata. At the said petition—which added that between the said provision and the promulgation of the said sentence, John, [now] a bishop in the universal church, then archbishop of Armagh, extinguishing all cure of souls in the said rectory, erected it by his ordinary authority into a canonry and prebend, of which the said Solomon is in possession, whereof, inasmuch as it was not proved, there is no mention in the said sentence and letters—the pope orders the above to proceed to execute the said letters, causing John to be received as a canon of Armagh, as regards such prebend, as if the said sentence had been promulgated about the canonry and prebend erected from the said rectory, just as it was promulgated about the rectory itself. Humilibus supplicum votis. (B. and Ja. Petri. | B. xiiii. Quarto Kal. Octobris Anno Decimo. Valven.) |
7 Id. Sept. Florence (f. 18.) | To the bishop of Salisbury. Mandate as below. The recent petition of William, nobleman, lord of Lowell and Holand, patron and of the founders' kin, and Thomas Morton, master, of the hospital of SS. James and John, [Brackley], in the diocese of Lincoln, contained that formerly Henry, archbishop of Canterbury, upon learning the decay and impoverishment of the said hospital by the neglect of divers former masters, sent in accordance with his metropolitical right a number of visitors to enquire and report, and as a result made, with consent of the said William and Thomas, the following statutes and ordinances: |
| (i) the said hospital shall be called in perpetuity by the name of SS. James and John, and on the resignation or death of the then master, or voidance in any other way, the said William and his successors shall present a fit chaplain or clerk in holy orders (fn. 2) to be ordained priest within a year from his admission and induction, to the bishop of Lincoln, or, if the see be void, to the said archbishop Henry and his successors, or, if the see of Canterbury be void, to the prior and chapter of Canterbury, to be admitted thereby, and to be inducted by the archdeacon of the place or his official, which master, thus admitted, shall be bound to take oath to the bishop of Lincoln
and the archbishop of Canterbury, and the said successors, to obey them and the under-written statutes and ordinances, and to keep the perpetual seal called the seal of the hospital of SS. John and James de Brakeley; |
| (ii) in the said house there shall be continually, besides the master, two chaplains able to understand, read and sing [Latin], and competently lettered and of approved character and life, removeable at the pleasure of the master and receiving stipends as agreed upon between them and the master, a clerk (fn. 3) sufficiently lettered, and three choristers, to say together matins, vespers and other hours on week days in a low voice in the chapel of the said house and to sing high mass at the high altar therein, and also to sing matins, vespers and mass with music on certain festivals (fn. 4) ; |
| (iii) the said master, chaplains and clerks (sic) at matins, vespers and high mass with music shall be decently clad in white surplices at the hour of divine service, without chattering or wandering from the choir or elsewhere, but bound to stay in the choir until the end of the office, (fn. 5) except for a reasonable cause declared to the master or his deputy, and by him approved; |
| (iv.) alienations or mortgages (fn. 6) of the hospital's moveables or immoveables shall not be made, nor corrodies or fees, temporary or in perpetuity, be granted, without licence of the bishop of Lincoln, or if the see be void, of the said archbishop and his successors, and if the master be convicted of such dilapidation, alienation or mortgage of the said goods, of incontinence or other enormous crime, he shall be removed by the superior who has jurisdiction in the hospital, and the hospital declared void; |
| (v.) every Friday in perpetuity six loaves of the price of 3d., or 3d. [in money] shall be distributed in the said chapel by the master or his deputy to six poor, and on every Friday, unless a double feast or a feast requiring attendance in choir, (fn. 7) a requiem mass shall be celebrated by the master or one of the said chaplains for the souls of the said founders and benefactors, at which the said poor shall be present until it is finished and shall pray for the said founders
and benefactors, and shall at the end of it receive the said alms; |
| (vi.) at the end of each year solemn offices of the dead (fn. 8) shall be said by the master, or in his absence by the said chaplains and clerks (sic), and on the morrow thereof a mass celebrated for the said souls; |
| (vii.) in the hospital shall be appointed in perpetuity a house with six or four beds (lectisterniis et lectis) for poor wayfarers, to be received therein by the master or his deputy for one night without denial, and more if necessity requires, according to the discretion of the master or his deputy, and the master or his deputy shall exact or receive nothing from such wayfarers unless offered freely; |
| (viii.) the present statutes and ordinances shall be inviolably observed by the said master, chaplains and clerks (sic), faculty being reserved, however, to the archbishop and his successors and to the bishop of Lincoln for the time being to add to or take away from, and correct or change them, and to make new ones, and to dispense the said master, chaplains and clerks (sic) in regard to them. |
| The pope hereby, at the said petition, orders the above bishop, if he find the said statutes and ordinances lawful, to confirm and approve them by papal authority. Ea que pro felici. (An. and Franchomme. | An. xxx. de Adria.) [3 pp. See Cal. Lett. VI, p. 294 and VII, p. 469: and Fourth Report of Historical MSS. Commission, App. p. 459.] |
Prid. Non. Oct. Florence (f. 21d.) | To Robert, nobleman, lord of the place of Wyllybi, baron, of the diocese of Lincoln. Indult to have a portable altar, on which he may, when his business requires, in presence of himself and his servants, have mass celebrated before daybreak, and have mass and other divine offices celebrated, privately, in places under interdict. Sincere devocionis affectus. (B. and Blondus. | B. xxx. Valven.) |
17 Kal. July. Florence (f. 66d.) | To Richard Crag, perpetual vicar of Dunde in the diocese of Brechin, licentiate of canon law. Dispensation, at the petition of him, who became a licentiate of canon law by examination, and of James, king of Scots, of whom he is a member of the household and a continual commensal, to hold for life with the said vicarage, value not exceeding 40l. sterling, any benefice with cure or otherwise incompatible, even if a parish church etc., and to resign them, simply or for exchange, as often as he pleases. Litterarum etc. (An. and G. de Elten. | An. xxxx. de Adria.) [Without the usual special mention of the present pope's ordinance to the contrary, see above, p. 5.] |
15 Kal. Dec. Florence (f. 71.) | Confirmation, with a summary and an exemplification in full, at the recent petition of William de la Zouche of Aryngworth (sic), lord of the place of Totteneys, of the diocese of Lincoln, of the letters of Boniface IX, Ad fut. rei mem. Exigit sincere devotionis, dated at St. Peter's, Rome, 5 Id. Nov. anno 9 [1397], whereby that pope (upon its being set forth to him by William [de] la Zouche of Haryngworth, lord etc. as above, that his progenitors had founded and built within their manor of Haryngworth a chapel of All Saints and endowed it for a chaplain, to whom, chosen by them, they had assigned it at each voidance, the assignment having the force of a collation; that the chaplains had buried therein, and had administered all ecclesiastical sacraments to, those who died within the said manor, and likewise administered the same to the said lords when dwelling in the manor and to their servants, and that the said lords and servants paid to them parochial rights; that all the aforesaid had been observed from time immemorial, and that the bishops of Lincoln had known, tolerated, and tacitly consented) confirmed the said construction, building, endowment, assignment and administration of sacraments etc. Ad fut. rei mem. Exigit dilecti filii. (An. and Ja. de Ugolinis. | An. xxviii. de Adria.) [2¾ pp.] |
Prid. Non. June. Florence (f. 90d.) | Annulment of the pope's late grant of appropriation anew to the capitular mensa of Glasgow of the parish church of Lillisklyf in the diocese of Glasgow, value not exceeding 2000l. and 20l. sterling respectively, which grant the pope made upon its being set forth to him that appropriation of the said church, which is of the patronage of the bishop, had been formerly made in aid of the daily distributions of the canons, and with consent of the chapter, by bishop John, by his ordinary authority. Ad fut. rei mem. Romanus pontifex, non solum. (An. and Blondus. | An. xxxx. de Adria.) |
Kal. Sept. Florence (f. 100d.) | Declaration as below. The present pope lately granted to John, bishop of Brechin, a faculty to reserve to his gift by papal authority, for collation to six persons of his choice, as many benefices, of any gift, with or without cure, of the city and diocese of Brechin, even if canonries and prebends, dignities etc.; after which, as the recent petition of the said bishop contained, on the voidance of the precentorship (cantoria) of Brechin, a non-major dignity with cure (fn. 9) , by the death of Gilbert Brown without the Roman court, Robert de Carnach, clerk, of the diocese of Aberdeen, brother of the said bishop, for whom the said bishop had reserved one of the said benefices, accepted the said precentorship in virtue of the said faculty and reservation, and got provision made to him thereof. Seeing that, as the pope has learned, it is
asserted that Andrew Fysse, clerk, of the diocese of Dunkeld, likewise accepted and had provision made to him of the said precentorship, void as above, under pretext of certain letters of the present pope, and that, as is asserted, he ought to be preferred to Robert by reason of a privilege granted by the pope in favour of persons present in and following the Roman court; and seeing that the said bishop was at the time of the grant of the said faculty in the Roman court in order to obtain it, and returned thither recently in order to secure the desired effect of the said faculty (fn. 10) , the pope hereby declares that his intention at the time of the grant of the said faculty was and is that the persons named by the said bishop to such benefices in virtue of the said faculty should and shall from the date of their nomination be preferred to all, even to those present in the said court etc., and that, as regards the said precentorship, the said Robert should and shall be preferred to the said Andrew, in whose favour the said privilege shall not operate. Ad fut. rei mem. Decens reputamus. (An. and B. de Monte. | An. xxxx. de Adria.) |
3 Id. July. Florence (f. 124d.) | To the bishop of Norwich and the dean of St. Paul's, London. Mandate as below. The recent petition of Henry Chichele, archbishop of Canterbury, primate of all England and legate of the apostolic see, contained that king Henry has erected, founded and established by royal authority the college [of All Souls] which, with a chapel, was begun to be built and was in part endowed, from the goods of the said archbishop, for a warden and forty poor scholars, clerks, at Oxford, but that its means are insufficient for their support etc. At the said petition the pope (who in the year last past confirmed the said erection, foundation and establishment, and all other things which had been granted and done by the said king and archbishop in favour of the said college, warden and scholars, and which were contained in certain letters of the said king) orders the above bishop and dean, or one of them, to inform themselves as to the means of the said college, and if they find them insufficient, to appropriate thereto in perpetuity, in accordance with the said petition, the parish church of Lewkenore in the county of Oxford, of the advowson and patronage of the Benedictine abbot and convent of St. Mary's, Abyndon, in the diocese of Salisbury, which is of the foundation of the progenitors of the said king and is of his patronage, provided that the assent be forthcoming of the said king and abbot and convent, to whom due compensation is said to have been made by the said archbishop; so that on the death or cession or resignation of the present rector, if any, or the cession of the said abbot and convent, if and as far as they hold the said church to their uses as united to their monastery, the said warden may take possession etc., a fit portion being assigned
for a perpetual vicar, and a certain sum being distributed every year to the poor of the parish. Ad ea per que. (An. and Poggius. | An. xxx. de Adria.) |
5 Non. Oct. Florence (f. 133.) | To Christopher Flemyng, donsel, nobleman, of the diocese of Meath (Minden.), and Elizabeth Wogan, [damsel], noblewoman, his wife. Exemplification, which shall have the force of the original, from the register of Martin V of the lost letters Oblate nobis of that pope, addressed to the archbishop of Armagh, and dated at St. Peter's, Rome, 5 Id. May anno 5 [1422, Cal. Lett. VII, p. 221], ordering him, bishop Edward being absent, to dispense Christopher Flemyng, donsel, nobleman, and Elizabeth Wogan, damsel, noblewoman, of the diocese of Meath (Miden.), to marry notwithstanding that they were related in the third and fourth degrees of affinity. Provisionis nostre. (An. and Pizolpassis. | An. xxii. de Adria.) |
4 Id. Sept. Florence (f. 138d.) | To James Innes, canon of Moray, M.A. Dispensation to him (who was formerly dispensed by authority of the ordinary, as the son of a priest, noble, and an unmarried woman, to be promoted to minor orders and hold a benefice without cure, and afterwards by papal authority to be promoted to all, even holy orders and hold three other benefices compatible with one another, even if canonries and prebends or offices in cathedral or collegiate churches, and to resign them, simply or for exchange, as often as he pleased, after which he obtained a canonry of Moray and the prebend of Spyne therein and the hospital of Eglyn (rectius Elgyn) in the diocese of Moray, value together not exceeding 40l. sterling, which he at present holds) to hold any compatible benefices, of any number and kind, with or without cure, even if canonries and prebends, dignities etc., and to resign them, simply or for exchange, as often as he pleases. Nobilitas generis, litterarum etc. (B. and G. de Elten. | B. xl. Valven.) [See below, pp. 105, 107 and Cal. Lett. VIII, p. 314.] |
8 Kal. Oct. Florence (f. 163.) | To George Courtenay, a Friar Minor. Dispensation to him, who is of a race of earls, to hold for life any benefice with or without cure wont to be governed by secular clerks, even if a parish church or a perpetual vicarage or a chantry or a free chapel, and if of the patronage of clerks and laymen, provided that it be not in a cathedral or a collegiate church, and to resign it, simply or for exchange, as often as he pleases. Religionis zelus etc. (An. and Cyprianus. | An. xxx. de Adria.) |