Lateran Regesta, 397
1443

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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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327-336

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'Lateran Regesta, 397: 1443', Calendar of Papal Registers Relating to Great Britain and Ireland, Volume 9: 1431-1447 (1912), pp. 327-336. URL: http://www.british-history.ac.uk/report.aspx?compid=103424 Date accessed: 20 April 2014. Add to my bookshelf


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13 Eugenius IV

De Diversis Formis.

1443.
3 Id. July.
Siena.
(f. 18d.)
To the archbishop of York. Mandate to dispense John Wright, layman, and Joan his wife, to remain in the marriage which they formerly contracted per verba legitime de presenti, solemnized before the church after the manner of the country, and consummated, in ignorance of the existence of an impediment of spiritual relationship arising from the fact that John had been persuaded to be godfather at the baptism of a son of the said Joan by another man, in ignorance that Joan, who was still at the time in childbed, was the mother. (fn. 2) Oblate nobis. (An. and B. de Monte. | An. xx. de Adria.)
6 Kal. July.
Siena.
(f. 20d.)
To the dean and Nicholas Odubgilla and John Macgilla[va]nach, canons, of Kilmacduagh. Mandate as below. It was lately set forth to the present pope on behalf of Florence Olochlaind, priest, of the diocese of Kilfenora, that formerly he, who is illegitimate, being the son of a priest and an unmarried woman related in the first and second degrees of affinity and the double third of kindred, obtained (when in his seventh year and tonsured by the said priest, then bishop of Kilfenora) a canonry and a canon's portion of the church of Kilfenora (in which there is a fixed number of canons but not separate prebends) collated to him by authority of the ordinary without being dispensed on account of the said defect; and that he had detained them for several years, and was still detaining them, wherefore the pope rehabilitated him. Afterwards, upon its being signified to the pope on behalf of the said Florence that, after provision had been made by papal authority to Denis, [now] bishop of Kilfenora, then a simple clerk, of the archdeaconry of the said church, a non-major dignity with cure (then void because John Maclan[c]haga had obtained it, collated to him by papal authority, when holding the rectory of the united parish churches of Killheyleach and Huctforaid in the said diocese, and had without dispensation retained both for several years), the said Denis caused the said John to be summoned before Thomas Obrayn, a canon of Tuam, an executor of the said provision, who promulgated a definitive sentence in favour of Denis and against John, who appealed to the apostolic see but did not prosecute his appeal within the lawful time, continuing to detain possession of the said archdeaconry for some years; and that on the voidance of the said church [of Kilfenora] by the death without the Roman court of the above priest, afterwards bishop, the pope made provision thereof to the said Denis, and that he was consecrated, by the pope's order, at the apostolic see, all his right in or to the said archdeaconry becoming thereby void, whereupon the pope ordered the above dean of Kilmacduagh to summon the said John and others concerned, and if the said John had appealed, but had not prosecuted his appeal within the lawful time, to declare his appeal abandoned and the said sentence to have become a res judicata, or, if John were still within the lawful time, to hear and without appeal decide the said appeal, furthermore to surrogate the said Florence in and to the said right, and make collation and provision to him thereof etc., and moreover to collate and assign to him the said archdeaconry itself, whether void by the said promotion and consecration, or by the resignation of John Leche in the Roman court, or in any other way, the pope at the same time dispensing the said Florence to be promoted to all, even holy orders and hold the archdeaconry. The recent petition of Florence contained that Denis, dean of Kilmachduagh, proceeding to the execution of the said letters, being informed by Florence that the said John Leche had resigned the archdeaconry in the said court, made collation and provision thereof to Florence, who by vigour thereof obtained the archdeaconry; and that, after Florence had held it for about six years, the pope (upon learning that the archdeaconry became and was void because the said John formerly obtained the archdeaconry by canonical collation when holding the above rectory, and held them both for more than a month without dispensation against 'Execrabilis,' although the said Florence, under pretext of certain letters of the pope, obtained surreptitiously because they did not mention the number of years of the said John's detention, had unduly detained possession for more than four months, but less than five years (fn. 3) ) ordered [above, p. 173] the abbot of St. Mary's, Kylscamny, in the said diocese [of Kilfenora] and two others [not here named] to summon Florence etc. and collate and assign the said archdeaconry, whether they found it void as above or in any other way, to Donatus Macmahona, clerk, of the said diocese, who caused Florence to be summoned before Cormac, [now] abbot of the said monastery, then dean of the said church of Kilfenora, to whom John Okayr, the then abbot, had handed over his commission in the matter, which Cormac [now] abbot, then dean, promulgated a definitive sentence against Florence, from which he appealed to the apostolic see, in contempt of which appeal Donatus despoiled him of possession and intruded himself, and is still detaining unlawful possession. Seeing that, as the said petition added, the letters obtained by Donatus are surreptitious because they state that Florence (who had been in possession of the said archdeaconry for more than five years) had possessed it for more than four months but less than five years, and made no mention of the right of the above bishop and of the sentence delivered in his favour; and seeing that it is alleged by some that neither Florence nor Donatus has a right in or to the archdeaconry, the pope hereby orders the above dean and canons, seeing that from fear of Donatus's power Florence fears to meet him in the city and diocese of Kilfenora, to summon Donatus and others concerned etc., and decide what is just without appeal, and moreover if they find that neither Florence nor Donatus has a right in or to the said archdeaconry, to collate and assign it, value not exceeding 16 marks sterling, to Florence, whether it be void by Execrabilis or by the said promotion and consecration, or by the resignation of the said John Leche, or in any other way. The pope hereby specially dispenses Florence to receive and hold it, notwithstanding the said defect etc. (An. and Ja. Petri. | An. xxvi. Decimo Kal. Augusti Anno Terciodecimo. de Adria.) [8 ¾ pp.]
15 Kal. June.
Siena.
(f. 71.)
To Richard Mannyng, rector of Suergate in the diocese of Canterbury, bachelor of canon law. Dispensation to hold for life with the said church, value not exceeding 25 marks sterling, any one other, or without it any two, benefices with cure or otherwise incompatible, even if two parish churches or perpetual vicarages or dignities etc., and to resign them, simply or for exchange, as often as he pleases, and hold instead two other incompatible benefices, notwithstanding the pope's late ordinance to the contrary [see above, p. 5] etc. Litterarum sciencia, vite etc. (An. and B. de Monte. | An. xxxxvi. de Adria.)
6 Kal. June.
Siena.
(f. 86.)
To John Kyrkeby, rector of St. George's, Canterbury, M.A. Dispensation to hold for life with the said church, value not exceeding 40 marks sterling, any other benefice with cure or otherwise incompatible, even if another parish church or a perpetual vicarage or a dignity etc., and to resign them, simply or for exchange, as often as he pleases, and hold instead two other incompatible benefices, even if they be two parish churches or perpetual vicarages, notwithstanding the above ordinance etc. Litterarum etc. (An. and B. de Monte | An. l. de Adria.)
Kal. July.
Siena.
(f. 106.)
To the bishop of Killaloe. Mandate, after imposing penance for incest, to dispense to marry Theoderic Macmahuna, layman, and Saud Immadagan, of his diocese, who formerly, not in ignorance that they were related in the third and third degree of affinity arising from divers sides, committed fornication several times and had offspring, which, with that to be born of the marriage, is to be decreed legitimate. Oblate nobis. (An. and G. Gonne. | An. xx. de Adria.)
16 Kal. Aug.
Siena.
(f. 110.)
To Thady Omanaid(h), clerk, of the diocese of Kildare. Rehabilitation, at his recent petition, containing that formerly, after he had held for some years without being ordained priest and without dispensation, the rectory of Coolcor (de Culcorro) in the diocese of Kildare, which had been canonically collated to him, he resigned it, and that Alan (Aulanus) Ocrumuaelly resigned his canonry of Kildare and the prebend, which is of lay gift, of Raydyngan therein, the resignations being both made, for purpose of exchange, to William, bishop of Kildare, who admitted them, upon which Calvarius Ochoncubar, a layman of the said diocese, to whom belonged by special papal privilege the presentation, presented to the said canonry and prebend Thady, who was instituted by the said bishop, and who under pretext thereof obtained possession and still detains them. He is to resign. Sedes apostolica, pia mater. (An. and G. de Elten. | An. xv. de Adria.)
Ibid.To the bishop of Clonmacnoise (Cluonen.) the abbot of SS. John and Peter's, Clunard, in the diocese of Meath, and the archdeacon of Hainaut in Liége. Mandate, recapitulating the preceding, to collate and assign to the above Thady, after he has duly resigned, the above canonry and prebend, value not exceeding 10 marks sterling. Vite etc. (An. and Ja. Petri. | An. xx. Pridie Kal. Augusti Anno Terciodecimo. de Adria.)
Kal. July.
Siena.
(f. 112d.)
To the dean of Kilmacduagh. Mandate, at the recent petition of Donatus Obreyn, clerk, of the diocese of Killaloe—containing that (after the present pope had ordered provision to be made to him, then in or about his eighteenth year, of one or two benefices, even if one were a canonry and prebend of a cathedral church and the other had cure, in the gift of the bishops and the deans and chapters etc. of Killaloe and Kilfenora, and dispensed him to hold, after he attained his twentieth year, such benefice with cure) he, when in the said eighteenth year, under pretext of the said letters, accepted and caused provision to be made to him of the rectory of the united parish churches of Dysser[t]mellacalla and Hacrymhymullynd in the said diocese and a canonry and canon's portion of Kilfenora, and subsequently, without any right, the rectory of the united parish churches of Drumkleuyd Killmallyd and Killargreayn in the said diocese, obtained possession and detained them for some time without being promoted to any holy order; that in his youth he often took part in (se immiscuit) battles and conflicts, in which many were wounded and some killed, but neither wounded nor killed any one with his own hand; that less than two years ago, when playing on horseback a game of those parts in which the players throw sticks at one another's backs, his stick accidentally struck in the eye one of the players (fn. 4) who looked round, and blinded him; and that he is disturbed by a scruple of conscience because he has committed simony—to absolve the said Donatus (who is of royal race; is in his eighteenth year, has for some time resigned the said rectory of Drumkleuyd etc., and has this day resigned to the pope the said canonry and portion and rectory of Dysser[t]mellacolla (sic) and Hacrymhymullynd) from all sentences of excommunication etc. incurred, enjoining penance, rehabilitate him, and dispense him to be promoted to all the aforesaid orders and minister therein and hold any mutually compatible benefices of any number and kind, with or without cure, even canonries and prebends, dignities etc. and to be appointed etc. to any episcopal and archiepiscopal dignities. Solet sedis apostolice. (An. and Ja. Petri. | An. xxxxv. de Adria.)
4 Non. May.
Siena.
(f. 122.)
To the abbot of St. Mary's, Asdara, in the diocese of Achonry, and the dean and Dermit Magradagain, a canon, of Achonry. Mandate—the pope having been informed by Thady Macgillamane, priest, of the diocese of Elphin that Thomas Macdiarmada, perpetual vicar of Killronan alias Killinginironan in the diocese of Ardagh, a notorious fornicator and a dilapidator of the goods of the said vicarage has administered the fruits etc. thereof to his concubine (eius fornicarie) and otherwise turned them to bad uses, and has celebrated mass and other divine offices publicly — if Thady (who on account of Thomas's power has no hope of obtaining justice in the city and diocese of Ardagh) will accuse Thomas etc. before them, as usual, to summon Thomas, and if they find the above to be true, to deprive Thomas, and in that event to collate and assign the said vicarage, value not exceeding 5 marks sterling, to Thady; whether it become void by such deprivation, or be void still by the death without the Roman court of Gregory Yduibgen(n) or in any other way. Vite etc. ... Ad audientiam siquidem nostram. (An. and G. de Elten. | An. xii. Residuum pro deo. Octavo Kal. Junii Anno Terciodecimo. de Adria.)
10 Kal. July.
Siena.
(f. 141d.)
Relaxation, to be valid during twenty years only, of three years and three quarantines of enjoined penance to penitents who on Christmas day and the Nativity of St. John Baptist and the feasts of St. Patrick and the Invention of Holy Cross visit and give alms for the repair and conservation of the church of the Augustinian house or hospital of SS. Mary and Edward the Martyr by the foot (juxta pedem) of the bridge of the city of Limerick, part of which church has been swallowed up by the tides (per marinas inundaciones absorpta sit), and whose other parts are in need of repair. Universis etc. (fn. 5) Licet is. (An. and Poggius. | An. xx. de Adria.)
6 Id. July.
Siena
(f. 156d.)
To the bishop of Sodor. Mandate, after enjoining penance on account of incest, they having often committed fornication and had offspring, to dispense Reginald [son] of John de Insulis, layman, and Catherine [daughter] of Patrick Sabays of his diocese, to marry notwithstanding that they are related in the second and third degrees of affinity; proclaiming legitimate the said offspring and that to be born of the marriage. Oblate etc. (An. and Ja. de Vincencia [sic]. | An. xxviii. de Adria.)
3 Id. July.
Siena.
(f. 158d.)
To the priors of St. John Baptist's by le Nacnach (sic) and Monaincha (Insula viventium) in the diocese of Killaloe. Mandate to cause Patrick Ohaly, clerk, of the diocese of Killaloe, to be received as a canon of the Augustinian monastery of Lorrha (Fontis vivi de Lochra) in the said diocese, and to receive his profession. Cupientibus vitam. (An. and G. Gonne. | An. xvi. de Adria.)
6 Id. June.
Siena.
(f. 162.)
To the abbots of Crowland and Sawtre in the diocese of Lincoln. Mandate, at the recent petition of all the parishioners of Jakesley in the diocese of Lincoln (containing that formerly several of them were at the instance of the abbot and convent of Thorney, O.S.B., in the diocese of Ely, excommunicated by vigour of certain papal letters, and are still excommunicate) to absolve them, provided that, as the said petition alleges, the said abbot and convent consent, and to impose penance etc. Humilibus supplicum votis. (An. and G. de Elten. | An. xxx. de Adria.)
10 Kal. June.
Siena.
(f. 172d.)
To John de la Bere, a canon of Salisbury, bachelor of canon law. Grant as below. The pope lately, motu proprio, ordered provision to be made to him or one or two benefices wont to be assigned to secular clerks, in the gift of the bishops and the prior and deans respectively and chapters etc. of Winchester, Lincoln and Exeter, even if one were a canonry and prebend in the church of Lincoln (fn. 6) and the other a canonry and prebend in that of Exeter or in a collegiate church, with a dignity etc. in one of them, etc. [Cal. Lett. VIII, p. 257; cf. ibid. pp. 273, 274, 308, 311–314]. The pope, hereby annulling the said letters, as far only as regards the said gift of the bishop and the prior and chapter etc. of Winchester, and changing them to that of the bishop of Bath and Wells and the dean and chapter etc. of Wells, grants to John, also motu proprio, that he may, alike by vigour of the above and of these presents, accept one of the aforesaid two benefices in the latter gift etc., even if it be the dignity of archdeacon in the church of Wells etc., as if from the outset the said aforesaid letters had mentioned the bishop and the dean and chapter etc. of Wells instead of the bishop and the prior and chapter etc. of Winchester. Litterarum sciencia, vite etc. (An. and Poggius. | An. xx. Pridie Non. Junii Anno Terciodecimo. de Adria.)
15 Kal. June.
Siena
(f. 181.)
Relaxation, to be valid during twenty years only, of three years and three quarantines of enjoined penance to penitents who on the principal feasts of the year and that of St. Andrew and the dedication, and the usual octaves and six days; and of a hundred days to those who during the said octaves and days visit and give alms for the repair etc. of the chapel of St. Andrew the Apostle, which is parochial and is situate within the bounds of the parish of the parish church of Stalham in the diocese of Norwich, and at which John Kylburn, a hermit, has long dwelt, and whither resorts a great multitude out of reverence for the said Saint [Andrew], by whose merits divers of those who visit it have been delivered from diseases. Universis etc. Licet is. (An. and Cincius. | An. xx. de Adria.)
8 Id. June.
Siena (fn. 7)
(f. 193d.)
To William Thornbury, perpetual vicar of Fevresham in the diocese of Canterbury. Dispensation to him, who is a chaplain of Henry, cardinal priest of St. Eusebius's, to hold for life any benefice with cure or otherwise incompatible, even if a dignity (not major nor principal), personatus etc., and the above vicarage, value not exceeding 50 marks sterling, and to resign them, simply or for exchange, as often as he pleases, etc. Vite etc. (An. and G. de Elten. | An. xxxiiii. de Adria.) (The letter makes no special mention of the pope's constitution (see above, p. 5) and, perhaps for this reason, is cancelled, with the following note in the margin: Cassata et alibi registrata propter nimiam correcturam de mandato reverendi domini Francisci [Condulmari] Portuen. [episcopi], vicecancellarii. An. de Adria.) [See below, Reg. ccccii, f. 229d.]
12 Kal. May. (fn. 8)
Siena
(f. 203d.)
To the bishop of Siena and the abbots of St. Peter's, Westminster, and St. Alban's, St. Albans, in the dioceses of London and Lincoln. Mandate, at the recent petition of William Wryght, priest, of the diocese of Lincoln, an abbreviator of apostolic letters, and therefore an official of the apostolic see, to cause to be enforced in his case, whenever needful, the letters of Clement VI Ad perp. rei mem. Dudum felicis recordationis, dated at Avignon Kal. July anno 8 [1349], here exemplified, forbidding, after the example of John XXII, judges, both ordinary and delegate, inquisitors of heresy etc, to proceed, without special papal licence, against papal chaplains, writers, familiars, and other officials, nuncios etc. Olim felicis recordationis. (An. and Ja. Petri. | An. xviii. de Adria.)
3 Kal. April.
Siena
(f. 206.)
To Thomas Sollay, perpetual vicar of All Saints, Thetylthorpe, in the diocese of Lincoln. Dispensation to hold for life with the said vicarage, value not exceeding 12 marks sterling, any other benefice with cure or otherwise incompatible, even if a parish church or a perpetual vicarage or a dignity etc., and to resign them, simply or for exchange, as often as he pleases, and hold instead two other incompatible benefices, even if two parish churches or perpetual vicarages, or one of each, notwithstanding the above ordinance etc. Vite etc. (An. and B. de Monte. | An. xxxviii. de Adria.)
10 Kal. July.
Siena
(f. 244d.)
To the official of Winchester. Mandate as below. The recent petition of William Leyghton, perpetual vicar of the parish church of Bartonsaci in the diocese of Winchester, contained that although he is bound to celebrate mass and other divine offices in the said church on every Sunday and feast-day and on many other days, and that the inhabitants of a number of small towns (paruarum villarum) within the bounds of the parish, its parishioners, have been wont to go thither to hear the said masses and divine offices and receive all sacraments and sacramentals: nevertheless the inhabitants of the town of Newton, which is one of the said towns, and in which there are only nine inhabitable houses and a chapel built of old with a baptismal font, without cemetery and burial, (fn. 9) endeavour to constrain him to celebrate there, too, the said masses and offices on the said days. At the said petition (adding that the said town of Newton is not more than an Italian mile from the said church, and that there is nothing to hinder the said inhabitants from going thither for the said masses, offices and sacraments, that the said town is hardly a fifth part of the [parish of the] said church, and that all the other inhabitants of the said other towns go to the said church for the said masses, offices and sacraments; and alleging that the fruits etc. of the said church are not enough to keep a chaplain as well as the vicar) the pope hereby orders the above official, if he find the facts to be as stated, to decree that the vicar is not bound to celebrate, or cause to be celebrated, the said masses and offices in the said chapel, and that the inhabitants of the said town are bound to go to the said church for the said masses, offices, sacraments and sacramentals, like the inhabitants of the said other towns. Humilibus supplicum votis. (An. and G. de Elten. | An. xviii. de Adria.)
4 Non. July.
Siena
(f. 245.)
To the prior of the Augustinian priory of Brommor in the diocese of Winchester. Mandate, at the recent petition of William Leyghton, priest, of the diocese of Worcester (containing that when he was less than fourteen years old he was induced by the bland and deceptive words of some of the monks of the Cistercian monastery of Bordesley in the said diocese to enter it, that he took the religious habit therein, and at the persuasion of the said monks made his regular profession; and adding that before he reached years of discretion he wanted to leave but was kept in close custody by the abbot and a number of the monks for some years, and that he afterwards found an opportunity of leaving and returning to the world, where he has laudably lived for several years) if he find the above to be true, and if he find that after William reached the lawful age he did not ratify, tacitly or expressly, the profession which he had made, to proclaim that he is not bound on account of the aforesaid to observe the regular life. Humilibus supplicum votis. (An. and G. de Elten. | An. xiiii. de Adria.)
10 Kal. Aug.
Siena
(f. 252.)
To Laurence, elect of Raphoe. Faculty to him, to whom the pope recently (nuper) made provision of the said church, to be consecrated by any catholic bishop assisted by two or three others. The consecrator is thereafter to receive and send to the pope Laurence's oath of fealty as usual; without prejudice to the archbishop of Armagh, the metropolitan. Cum nos nuper. (An. and Ja. Petri. | An. xvi. de Adria.)
3 Kal. Aug.
Siena
(f. 254.)
To Thomas, elect of Bath and Wells. A like faculty, with 'Canterbury' in place of 'Armagh.' Cum etc. (An. and Franchomme. | An. xvi. de Adria.) [See below, p. 342.]
17 Kal. July.
Siena
(f. 254d.)
To the bishop of Norwich. Mandate to dispense John Dene of Wymundham, layman, and Margery Lombe, of his diocese, to remain in the marriage which they formerly contracted per verba legitime de presenti in ignorance of the existence of an impediment of spiritual relationship due to John's mother having been godmother at Margery's baptism; proclaiming past and future offspring legitimate. Oblate etc. (An. and Ja. Petri. | An. xx. de Adria.)
Prid. Id. Aug.
Siena
(f. 265.)
To Donatus, elect of Killaloe. Faculty to him, to whom the pope has recently (pridem) made provision of the said church, to be consecrated by any catholic bishop assisted by two or three others; without prejudice to the archbishop of Cashel, the metropolitan. Cum nos pridem. (An. and G. de Elten. | An. xvi. de Adria.) [Without the oath of fealty clause, as above, ff. 252 and 254. See below, p. 343.]
6 Kal. July.
Siena
(f. 282d.)
To the bishop of Killaloe. Mandate to dispense Thady Icearbaill, layman, and Sily Enekenydy, of his diocese, to marry notwithstanding that they are related in the double third degree of affinity and the third and fourth and also the double fourth degrees of kindred. Oblate etc. (An. and G. de Elten. | An. xx. de Adria.)
6 Id. July.
Siena
(f. 313d.)
To the same. Mandate, after imposing penance, to dispense Thady Mackahryn, layman, and Mor Ynykyllarebuayd, of his diocese, to marry notwithstanding that they are related in the double third and fourth and third and fourth degrees of affinity, aware of which they formerly committed fornication several times and had offspring which, with the offspring to be born of the marriage, is to be proclaimed legitimate. Oblate etc. (An. and Jo. de Thefelen. | An. xx. de Adria.)

Footnotes

1 On the back of the volume is the usual modern Italian description Eugen. IV. 1443. Anno 13. Lib. 1. A flyleaf has, in different contemporary hands, 'Primus [cf. Reg. Lat. ccccii below] de diversis formis Anno xiii domini nostri Eugenii pape 4 ' (a like contemporary description occurs also on the bottom edge of the volume, as usual) and 'Marsille,' and the usual modern Lib. clxiv. fol. 314.
2 dictus Johannes quemdam infantem, eiusdem Johanne fflium ex viro procreatum, et de qua muliere natus esset ipsi Johanni tunc minime agnitum, prefata Johanna in puerperio adhuc iacente, ad preces et rogamina nonnullorum qui infantem ipsum baptizandum baiulabant de sacro fonte leuauit ..
3 per quatuor menses et ultra citra tamen quinquennium.
4 et biennio nondum elapso, dum ipse et quidam alii more partium illarum equitantes et ustes post aliorum terga proicientes ibidem luderent, casualiter et improuise fustis quam dictus Donatus tunc proiecerat oculum unius ex huiusmodi colludentibus qui retrospexit contingens eius lumine priuauit.
5 The words 'Universis etc.' are added in the margin by An.
6 'Wintonien.' of the text is cancelled and overwritten As. and in the margin is substituted by him Lincolnien., with the note: Cassatum et correctum de mandato Poggii Secretarii, An. de Adria.
7 The 'Florencie' of the text is cancelled and over-written A[ntonius], 'Senis' being substituted in the margin by An[tonius de Adria].
8 'Martii' is cancelled and over-written A[ntoniu]s, 'Maii' being substituted in the margin by An[tonius de Adria.]
9 ... domus ... ac quedam capella ab antiquo cum fonte baptismali cimiterio et sepultura carens constructa existunt.