Lateran Regesta, 390
1442

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Institute of Historical Research

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J. A. Twemlow (editor)

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1912

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265-274

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'Lateran Regesta, 390: 1442', Calendar of Papal Registers Relating to Great Britain and Ireland, Volume 9: 1431-1447 (1912), pp. 265-274. URL: http://www.british-history.ac.uk/report.aspx?compid=103417 Date accessed: 03 September 2014.


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12 Eugenius IV (cont.)

De Regularibus.

1442.
3 Kal. June.
Florence (f. 15.)
To Thomas Wytham, a canon of the Augustinian monastery of St. Peter, Brunne, in the diocese of Lincoln. Dispensation to receive and retain for life a benefice with cure only, wont to be held by secular or regular clerks of any order, even if it be a parish church or a perpetual vicarage, or be of the patronage of laymen, and to resign it, simply or for exchange, as often as he pleases. Religionis zelus, vite etc. (An. and Ciprianus. | An. xxviii. de Adria.)
17 Kal. June.
Florence (f. 15d.)
To Philip Sculle, a canon of the Augustinian priory of St. Mary in Overy, in the diocese of Winchester. A like dispensation. Religionis etc. (B. and Ciprianus. | B. xxviii. Valven.)
10 Kal. June.
Florence (f. 15d.)
To John Wrattyng, a canon of the Augustinian priory of Angleseye in the diocese of Ely. Dispensation to receive and retain for life any benefice with cure (fn. 2) wont to be held by secular or regular clerks, even if it be a parish church or a perpetual vicarage, or a chantry, and be of the patronage of laymen, and to resign etc. as above, f. 15. Religionis etc. (B. and G. de Elten. | B. xxvi. Valven.)
4 Id. May.
Florence (f. 45d.)
To John Westamstede, a Benedictine monk of St. Albans, immediately belonging to the Roman church, in the diocese of Lincoln, S.T.M. Dispensation to him, who is in about his fiftieth year, to receive and retain for life, even without requiring the licence of his superior, a benefice with cure wont to be governed by secular clerks, even if it be a parish church or a perpetual vicarage, and be of the common or several patronage of clerks and laymen, provided that it be not in a cathedral or a collegiate church, and to resign it etc. as in the preceding. Religionis zelus, litterarum sciencia (fn. 3) , vite etc. (B. and Ja. de Vicentia. | B. xxx. Valven.)
12 Kal. Aug.
Florence (f. 53.)
Confirmation, at the petition of the abbot and convent of the Cistercian monastery of Tintern in the diocese of Llandaff, of the following surrender, transfer and appropriation, and of the confirmation thereof by John XXIII, by his letters, which the pope hereby exemplifies, Ad perp. rei mem. Sedis apostolice prouidencia,' dated at Bologna 2 Non. March anno 4 [1414]. By his said letters pope John—upon the petition of the said abbot and convent of Tintern, containing that Gregory IX, founder of the monastery of St. Mary de Gloria of the order of Flora, [in the diocese of] Anagni, now held in commendam by Oddo, cardinal deacon of St. George's in Valabro, granted thereto in perpetuity the [parish] churches of All Saints, Ledde and St. Leonard, Magor, in the dioceses of Canterbury and Llandaff; that John XXII, (upon its being set forth to him by the said abbot and convent that the fruits etc. of the said churches were diminished and, as far as regarded the utility of the said monastery, almost annihilated) granted them faculty to grant the said churches in farm in perpetuity to the abbot and convent of Tintern; and that the said cardinal, having learned that the said churches were of almost no use to Gloria, with counsel and consent of prior John, subprior Paul and the whole convent of Gloria, and in his own and their names, surrendered the said churches, which are governed by perpetual vicars, and transferred them to Tintern in perpetuity, and appropriated them thereto—confirms, at the said petition and that of the said cardinal and convent of Gloria, the said surrender, translation and appropriation, so that the said abbot and convent may take possession of and perpetually retain the said churches, and, upon the said perpetual vicarages being void, cause the said churches to be served by monks of Tintern, appointed and removed at the pleasure of the abbot. Ad fut. rei mem. Pia consideracione. (B. and Ja. de Ugolinis, Ja. Petri. | B. l. Valven.) [See passim in Cal. Lett., vol. I.)
15 Kal. Aug.
Florence (f. 55d.)
To the bishop of Dunkeld and the abbots of Lindores and St. Columba's in the dioceses of St. Andrews and Dunkeld. Mandate, at the petition of abbot Andrew and the convent of the Benedictine monastery of Dunfermlyn, to confirm, if just and reasonable, the agreement, which has been confirmed by authority of the ordinary, between them and the provost, bailies and community (communitas) of the burgh or town of Perth in the said diocese, in regard to the restoration, rebuilding and repair of the choir of the parish church of the said burgh, to the effect that the said provost, bailies and community (connuentus, rectius communitas) shall in future repair etc. the walls, roofs, doors, windows etc. of the said choir, and provide the church with books, chalices, copes, chasubles, albs, and all other things needed for divine worship, for the support of which burdens the said provost etc. shall receive the emoluments arising from burials in the said choir, just as hitherto they have been wont to receive those arising from burials in the nave of the said church and without it; saving all burial rights of the said abbot and convent. Ex debito pastoralis. (B. and G. de Elten. | B. xxx. Valven.)
16 Kal. July.
Florence (f. 85.)
To Thomas Polardi, a monk of the Carthusian house of the place of Henton in the diocese of Bath and Wells. Dispensation to him, who is of noble race, to receive and retain for life any benefice with cure [only], wont to be held by secular or regular clerks of any order, even if it be a parish church or a perpetual vicarage or a chantry, or be of the patronage of laymen, and to resign etc. as above, f. 15. Religionis zelus, vite etc. (B. and Ciprianus. | An. xxviii. Valven.)
12 Kal. July.
Florence (f. 85d.)
To Thomas Richardi, an Augustinian friar. Dispensation to receive and retain for life any benefice with cure [only] wont to be held by secular or [regular] clerks of any order, even if etc. as in the preceding. Religionis zelus, vite etc. ([B.] and Ciprianus. | B. xxvi. Valven.)
5 Non. July.
Florence (f. 92.)
To the archbishop of York, the bishop of Bath and Wells and the archdeacon of Exeter. Mandate as below. The petition of Richard Chester, perpetual vicar of the parish church of St. Mary, Lancaster, in the diocese of York, set forth lately to the present pope that Henry V caused to be appropriated in perpetuity to the Augustinian monastery of St. Bridget (fn. 4) , Syon, called St. Saviour's, in the diocese of London, the said church, then the Benedictine priory of St. Mary, Lancaster, which had been founded by his progenitors, and whose cure was exercised by the late (fn. 5) Giles Louell, then prior of the said priory, and also caused to be ordained that, after the deduction of the 110l. sterling which the abbess and convent of the said monastery received yearly from the fruits etc. of the priory, the balance should remain to the said Giles, then prior, wherewith to keep hospitality and bear the burdens of the said church, then a priory (fn. 6) ; that afterwards, on the death of the said Giles, the abbess of the said monastery caused the said tithes, fruits, rents etc. and all the goods of the said church, then a priory, to be converted for more than three years to her own uses, and the cure of souls of the said church, then a priory, to be exercised by certain secular priests, and later, upon the suppression of the said priory and order, (fn. 7) caused a perpetual vicarage, for a perpetual vicar who should exercise the cure of souls in the said church, to be created and erected, and a perpetual vicar to be instituted, by the ordinary, to which vicar (for keeping hospitality and for the maintenance of six chaplains to celebrate masses and other divine offices, administer the sacraments in the said church and in the chapels of Stalmyn, Grissyngham and Cayton, dependent on the said priory or church, and exercise the cure of souls of the said five (fn. 8) , and for other burdens [specified]), she caused a certain portion of tithes to be assigned in perpetuity, of the value of 110 marks sterling and more. At the said petition (which added that the said assigned portion of tithes etc., from which the 110 marks ought to have been levied, had by reason of pestilences etc. become insufficient for the said hospitality and burdens, and that the said abbess had for many years, although often asked, neglected to assign to the vicar a sufficient portion for his maintenance and for keeping hospitality and bearing the burdens of the said church) the present pope, whilst leaving the said suppression untouched, restored in other respects (alias) the said church to the state in which it was at the time of the said prior appropriation, and ordained that in future he who exercised the cure of the said church should be and be called not a `vicar' but a `rector,' and the said church be and be called not a `priory' nor a `vicarage' but a `parish church,' and that the said Richard and his successors, rectors for the time being of the said church, should be able to receive and convert to their uses all tithes, fruits etc. and that the said church's demesnes, lands, woods, services etc. jurisdictions and goods within the bounds of the parish churches of Lancaster and Pulton in Amuerdernes (sic) and elsewhere should belong in perpetuity to the said church and Richard and successors exactly as they had belonged to the said Giles and his predecessors, priors of the then priory, and that the said Richard and his successors should be bound to pay to the said abbess for the time being and convent in the said church the said 110l. sterling in accordance with the above royal ordinance, and no more. At the recent petition, however, of the said abbess and convent, containing that what was added in the above petition is not true, that to the said vicar was assigned a yearly portion of 40 marks sterling, and that the pope's said ordinance is greatly prejudicial to them, and praying for a remedy, the pope hereby orders the above three to summon the said Richard and others concerned, and if they find the aforesaid [statements of the abbess and convent] to be true, to revoke and decree null the pope's said ordinance and its consequences, and to restore the said abbess and convent and monastery to the state in which they were before it emanated. In apostolice dignitatis. (An. and G. de Elten. | An. xxv de Adria.) [3 pp.]
Prid. Id. July.
Florence (f. 97d.)
To John Planysted, a brother of the house of Assherych in the diocese of Lincoln, living under the rule of St. Augustine. Dispensation to him, who is a priest and has made on open profession of the order of canons regular of St. Augustine, to receive and hold any benefice with cure [only], wont to be held by secular clerks, even if etc. as above f. 15. Religionis etc. (B. and G. de Elten. | B. xxx. Valven.)
6 Kal. Sept.
Florence (f. 110d.)
To the prior of St. Peter's, Dearg, in the diocese of Ardagh, and the dean and Thomas Macmurgeartaych, a canon, of Ardagh. Mandate (the pope having been informed by Hilarius alias Yrial Ofeargail, an Augustinian canon of St. Mary's, Cluartuascarta (sic) Nasynna, in the diocese of Elphin, that Nemias Macgrayn, prior of the Augustinian priory of St. Mary, Inis Clochlayn, in the diocese of Ardagh, is a notorious fornicator and has dilapidated many goods of the said priory) if Hilarius (who is in his twenty-third year, is illegitimate, being the son of an unmarried man of a race of dukes and an unmarried woman, and has been tonsured) will accuse Nemias before them etc., as usual, to summon Nemias, and if they find the above or enough thereof to be true, to deprive Nemias, and in that event to collate and assign the said priory, which does not depend on any monastery or other regular place, value not exceeding 10 marks sterling, to Hilarius. The pope hereby dispenses him, on account of the said defects of age and birth, to be promoted to all, even holy orders and hold the priory. Religionis etc. (B. and Franchomme. | B. xxx. (Id. Septembris Anno Duodecimo. Valven.)
3 Kal. Sept.
Florence (f. 111d.)
To the archdeacon and John Oculeayn, a canon, of Tuam. Mandate, at the recent petition of William Roiste, a canon of the Augustinian house of St. Brandan in the diocese of Killala (containing that the said house on account of divers sinister events is exposed to no small ruin in respect of its buildings, and that its rents are insufficient for the maintenance of its inmates, and that there is in those parts a house of Holy Trinity, Ballintober (Ville Fontis Sancti Patricii), of the said order, in the diocese of Tuam alias Mayo, which possesses more rents etc. than its inmates need, and to which he desires to be transferred) if they find the facts to be so, to grant him licence to so transfer himself to Holy Trinity, and cause him to be received as a canon thereof, the licence of his superior being given. Religionis etc. (B. and G. de Elten. | B. xvi. Valven.)
4 Non. June.
Florence (f. 126.)
To the prior of Bath. Mandate as below. The recent petition of the prior and convent of the Carthusian house of the place of Honton (sic) in the diocese of Bath and Wells contained that a dispute having arisen formerly between them and Walter de Lechela, rector of Norton in the said diocese, about sixty acres of land which had been for some time the glebe of the said church (fn. 9) and three acres of meadow and the manor (?) court at Norton (fn. 10) with its appurtenances, and about the tithes, greater and lesser, from the demesne (de dominico) of the prior and convent; and that, the dispute having been submitted by both parties to the late William, bishop of [Bath] and Wells, that bishop ordained that the prior and convent should have and possess in perpetuity the said land, meadow and court with the said appurtenances, and be totally exempt from payment of the said tithes from the whole of their demesne (de toto suo dominico), which they held in their hands, and that they should receive all the tithes from the whole of their villeinage and freemen and fee (fn. 11) , saving to the rector for the time being all else that pertained to him or to the said church from all persons inhabitating villeinages or free tenements in the parish (fn. 12) ; that the prior and convent should in compensation give to the rector for the time being nine marks of silver a year, payable quarterly; that an exaction and payment, belonging to the said rectors by an ordinance of the late Jocelin, bishop of Bath, should cease; and that the rectors should sustain the burden of the repair of the chancel, books and ornaments, and all ordinary and extraordinary burdens of the said church concerning him, and that the prior and convent should not be bound thereto at all, but that they should, along with the parishioners, recognise burdens in proportion to the mansiones appropriated to them in the parish (fn. 13) . The pope hereby orders the above prior to confirm bishop William's said ordinance. Ex iniuncto nobis. (B. and Ja. Goier. | B. xx. Valven.)
5 Non. July.
Florence (f. 145.)
To John Heyford, a Benedictine monk of St. John Baptist's, Colchester, in the diocese of London. Dispensation, notwithstanding his illegitimacy as the son of unmarried parents, to be elected to any abbatial dignities, conventual priorships etc. of his order, and to be blessed on account of such abbatial dignity. Religionis etc. (An. and Ciprianus. | An. xxx. Adria.)
Prid. Non. Aug.
Florence (f. 148d.)
To Thomas Haukesbury, a Cistercian monk of St. Mary's Kyngeswode, in the diocese of Worcester. Dispensation to him, a priest, to receive and hold for life any benefice with cure [only], wont to be governed by secular clerks, even if it be a parish church etc. as above f. 15d. Religionis etc. (B. and Pizolpassus. | B. xxviii. Valven.)
5 Id. July.
Florence (f. 150d.)
To John Haxay, a Friar Minor. Dispensation to receive and hold for life any benefice with cure [only], wont to be held by secular or regular clerks of any order, even if etc. as in the preceding. Religionis etc. (An. and Ciprianus | An. xxviii. de Adria.)
15 Kal. Aug.
Florence (f. 166d.)
To all the vassals of the Benedictine monastery of Dunfermlyne in the diocese of St. Andrews. Mandate as below. Upon the voidance of the said monastery by the death of abbot William, during whose life Marin V had specially reserved its provision, the convent, perhaps in ignorance of such reservation, elected Andrew, [now] abbot, then a monk thereof and in priest's orders, who, likewise ignorant, consented to the election and afterwards, upon learning the said reservation, set forth the matter of the election in consistory before the said pope, who, holding it void, has made provision to the same Andrew. The pope therefore orders the above vassals to obey etc. him as abbot. Inter solicitudinis varias. (B. and G. de Elten. | B. xviii. Valven.)
18 Kal. May.
Florence (f. 179d.)
To John Medilton, a Benedictine monk of St. Albans in the diocese of Lincoln. Dispensation to receive and retain for life any benefice with cure only, even if etc. as above, f. 15. Religionis etc. (B. and Ciprianus. | B. xxviii. Valven.)
17 Kal. June.
Florence (f. 192.)
To Robert Venables, a Benedictine monk of St. Werburgh's, Chester, in the diocese of Coventry and Lichfield. Dispensation to him, who is of noble race, to receive and hold for life a benefice with cure only etc. as in the preceding. Religionis etc. (B. ... Valven.) as ibid.
7 Kal. June.
Florence (f. 197.)
Revocation, at the recent petition of Reginald, abbot of the Benedictine monastery of St. Peter, Gloucester, in the diocese of Worcester, (containing that although the Benedictine priory of St. Gut[h]lac in the diocese of Hereford depends on St. Peter's, and its prior and monks by immemorial (fn. 14) custom are removed and recalled to the cloister of St. Peter's and its other inmates appointed by the said abbot, nevertheless prior William Wynslade is said to have impetrated an indult from the papal see not to be thus removed for life without lawful cause and special licence of the said see; and adding that the said indult emanated without consent of the then abbot and is greatly prejudicial to St. Peter's) of the said indult and all its consequences; with decree that the said prior and monks may and shall in perpetuity as heretofore be removed and recalled at the pleasure of the abbot for the time being. Ad fut. rei mem. Creditam nobis desuper. (An. and G. de Elten. | An. xx. de Adria.)
7 Kal. July.
Florence (f. 204d.)
To the bishop of Lismore. Mandate as below. The pope lately—upon being informed by Matthew Olachuan, a Cistercian monk of Fermoy (de Castrodei) in the diocese of Cloyne (Clonen.), that Patrick, abbot of Inishlounaght (de Surio) of the said order in the diocese of Lismore, had dilapidated many of its goods, and had committed simony and other crimes [not here mentioned]—ordered the precentor of Lismore and two colleagues [not here named], if Matthew would accuse Patrick before them etc. as usual, to summon Patrick, and if they found the above or enough thereof to be true, to deprive Patrick, and in that event to collate and assign the said abbey to Matthew; after which, as Matthew's recent petition contained, David Offlyn, precentor of Lismore, proceeding alone, by a definitive sentence which became a res judicata deprived Patrick and made provision to Matthew. The said petition adding that in spite of sentences of excommunication etc. Patrick refuses to give up the said abbey, the pope orders the above bishop to summon Patrick and others concerned, and to aggravate the said sentences etc., invoking the aid of the secular arm etc. Humilibus supplicum votis. (An. and Ja. Goyer. | An. xviii. de Adria.)
16 Kal. July.
Florence (f. 240.)
To John Agmotesham, a brother of the house of Asserugge, of the order of St. Augustine, in the diocese of Lincoln. Dispensation to receive and hold for life any benefice with cure [only], even ... chantry etc. as above, f. 15d. Religionis etc. (B. and Ciprianus. | B. xxviii. Valven.)
1441[–2].
Id. March.
Florence (f. 273.)
To the archbishop of Florence, the dean of Ross and the chancellor of Aberdeen. Mandate as below. The petition of Walter, abbot, and the convent of the Benedictine monastery of St. Thomas the Martyr, Aberbrothoc, in the diocese of St. Andrews, contained that although from time immemorial the abbot and convent had possessed the right of taking the tithes of the mills which exist in the parish of Invernes in the diocese of Moray and of herring caught there, and 40s. yearly from the tithes, called Easter money (financiis paschalibus), which the perpetual vicar receives from the profits of merchants and artisans, nevertheless John de Invernes, perpetual vicar of the said church, wrongfully claiming the said right, despoiled them of it, intruded himself and took and is still in possession of the said tithes; that the cause between them, the parties being sufficiently present in the Roman court, was committed by the present pope, at the instance of the abbot and convent, to the late Laurence de Aretio, a papal chaplain and auditor; that, upon the said John falsely alleging that abbot Walter and all the members of the convent were under sentences of excommunication etc., and were therefore debarred from the prosecution of the said cause, the pope gave commission to the said auditor to absolve them conditionally ad cautelam, and to administer justice to the said parties; that the said auditor so absolved; that the pope subsequently for certain reasons committed the cause to Master Simon de Valle, also a papal chaplain and auditor, who by a definitive sentence pronounced against the said intrusion, removed John and restored the abbot and convent, imposing perpetual silence on John and condemning him in the costs incurred before him and in the said tithes of mills and herring and 40s.; that John's appeal was committed by the pope to Master John Didaci, also a papal chaplain and auditor, who by a definitive sentence pronounced good and confirmed the above sentence of Master Simon, pronounced John's appeal bad, and confirmed the above absolution, condemned John in the costs incurred before him and in the further tithes and 40s., which costs were subsequently taxed by auditors Simon and John at 70 and 24 gold florins of the camera respectively. Seeing that, however, as the said petition added, abbot Walter and the convent doubt whether, whilst the suit has been pending, others have intruded themselves in the said right or may do so, the pope orders the above three to execute the said sentences, proclaim the said absolution to be valid, restore the abbot and convent and remove John, cause satisfaction to be made to the abbot and convent in regard to the said tithes and 40s. from the time of the said spoliation and in regard to the said costs, and to execute the said sentences, even against such other intruders, as far only as regards possession of the said right, as if the said sentences had been delivered against them, involving the aid of the secular arm etc. Exhibita nobis. (An. and Anselmus. | An. xx. de Adria.) [4½ pp.]
1441[–2].
9 Kal. April.
Florence (f.284.)
To the bishop of Valva. Mandate, at the recent petition of Malachy Yconer, an Augustinian canon of the monastery of Abbeygormacan (Vianova) in the diocese of Clonfert—containing that he entered the said monastery after the years of discretion, and after remaining therein for some time as a novice, received in his fifteenth year the habit of a canon, and after wearing it for about a month, but without the monastery, abandoned the habit, returned to the world and lived laudably for about twelve years in divers places as a secular priest; that subsequently he (who is illegitimate, being the son of a priest, a canon of the said order, and an unmarried woman, and who had been dispensed, by authority of the ordinary only, to be promoted to minor orders and hold a benefice without cure), without mention of his having put off the habit, had himself promoted to all, even holy orders, and got provision made to him by the said [ordinary] authority of the perpetual vicarage of Crusmolina in the diocese of Killala and a canonry of Killala and the prebend of Roserck, called by many the chancellorship, and subsequently simoniacally resigned the said benefices, in return for a money payment, to the ordinary, incurring the sentences of excommunication etc. promulgated against simoniacs; and adding that he repents and desires to return to the said monastery—to absolve him, after he has returned and [again] received the habit, from the said sentences etc., enjoining penance etc., dispense him on account of irregularity, dispense him to minister in all the said orders and to remain perpetually in some monastery of the said order, and rehabilitate him. Solet sedis apostolice. An. and Ja. Goier. | An. xxv. de Adria.)
1441[–2].
16 Kal. April.
Florence (f. 294.)
To John Lytill', an Augustinian canon of St. Mary's de Crek de Pratis, in the diocese of Norwich. Dispensation to receive and retain for life a benefice with cure only etc. as above, f. 15. Religionis etc. (B. and Ciprianus. | B. xxviii. Valven.)

Footnotes

1 The usual modern Italian description on the back of the volume is damaged. Eugenio IV ... A flyleaf has, in a contemporary hand: Dionisius and Primus de Regularibus Anno duodecimo domini nostri Eugenii (a similar contemporary description occurs also, as usual, on the bottom edge of the volume), and, in a different contemporary hand, Rubricatus est et cetera per Dionisium. A comparison of the handwriting of this note (especially the manner of writing the word `et cetera') shows that the `Dionisius' who rubricated the register is the same as the scribe who has copied a number of letters into the register, e.g. ff. 142d—144d, 259d, et passim. There is also the usual modern Lib. cliv, fol. 318.'
2 Without the word duntaxat.
3 The words litterarum sciencia are inserted in the margin by B. [Valven].
4 Sancte Biogitte.
5 quendam, rectius quondam.
6 ... uniri et appropriari fecerat ac eciam ordinari quod abbatissa et conuentus dicti monasterii de ipsius prioratus de cuius ac fructibus redditibus et prouentibus centum et decem libras sterlingorum annis singulis percipiebant ac residuum decimarum fructuum reddituum et prouentuum huiusmodi prefato Egidio tunc priori dicti prioratus pro seruanda hospitalitate ac eidem ecclesie tunc prioratus incumbentibus supportandis oneribus remaneret, et deinde dicto Egidio ab hac luce subtracto ... The text, if correctly reproduced in the Register, seems lacking in simplicity.
7 ordinacione.
8 et eorum quinque animarum curam gererent, the priory and church being thus counted separately.
9 que aliquando dominicum ecclesie predicte fuerant.
10 necnon de curia fisci apud Norton.
11 ac de toto vilinagio suo et liberis ac feudo.
12 de personis quibusuis inhabitantibus quocunque tempore vilinagia vel libera tenementa in parrochia dicte ecclesie.
13 ipsi [prior et conuentus] tamen parrochialium oncra pro rata mansionum eis approprietarum (sic) cum parrochianis ibidem ag noscerent.
14 quod de eius contrario non existit. Between 'contrario' and 'non' is indicated in the margin for insertion the word 'memoria,' with the note: Correctum de mandato domini F[rancisci] Venet[iarum] Vicecancellarii, An. de Adria.