Lateran Regesta 486: 1453

Calendar of Papal Registers Relating To Great Britain and Ireland: Volume 10, 1447-1455. Originally published by His Majesty's Stationery Office, London, 1915.

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'Lateran Regesta 486: 1453', in Calendar of Papal Registers Relating To Great Britain and Ireland: Volume 10, 1447-1455, (London, 1915) pp. 641-654. British History Online https://www.british-history.ac.uk/cal-papal-registers/brit-ie/vol10/pp641-654 [accessed 25 April 2024]

In this section

Lateran Regesta. Vol. CCCCLXXXVI (fn. 1).

7 Nicholas V.

De Regularibus.

1453.
17 Kal. Nov.
(16 Oct.)
St. Peter's, Rome.
(f. 15.)
To the bishop of Clonfert. Mandate, as below. The recent petition of William Yragylling [minister] provincial of the Friars Minors’ province of Ireland, S.T.P., contained that recently Cornelius, bishop of Elphin, granted in frankalmoin, for the use and dwelling of friars of the said Order, the parish church, called the temple of St. Patrick, Elphin, or the place thereof, freed (with consent of the chapter of Elphin, of the perpetual vicar of the said church, and of the citizens of Elphin, who endowed the said church with certain lands possessed by them in the name and stead of the said bishop, as also of Thomolteus Mickermoda (sic) and other parishioners of the same) the said church from all cure, and the said lands from all yearly cess and exaction, both in spirituals and temporals, and reserved the use and fruit of the said lands etc. to the said Order (fn. 2). At the said petition, adding that the said William desires, with licence and authority of the apostolic see, to build houses and churches, cemeteries, bell-towers etc. in the place of the said church and in three or four other places (fn. 3) in the said province, for the use and habitation of friars of the said Order, the pope hereby orders the above bishop to grant licence to the said provincial to so build, and to grant licence to him and the friars of the Order to receive and retain in perpetuity and inhabit the said places. Sacre religionis. (T. and G. Gonne. | T. lta.. de Tervisio.) [2⅓ pp. In Wadding, Annales Minorum, Vol. XII, p. 589, from ‘lib. 1 de Regular. et diversis formis, fol. 15,’ i.e. the present Register.]
3 Non. July.
(5 July.)
St. Peter's, Rome.
(f. 26.)
Exemplification from the register of Martin V, at the recent petition of the master and brethren of the Augustinian hospital of St. Bartholomew, London, of:
The letters ‘Ad futuram rei memoriam. Que pro personarum’ of the said pope, dated at St. Peter's, Rome, 15 Kal. June anno 9 [18 May, 1426], which, granted at the recent petition of the master and brethren of the said hospital, recapitulate, exemplify and confirm, after diligent examination of them in the said pope's chancery, two letters of Simon [of Sudbury] and Richard [Clifford], respectively, bishops of London, as follows:—
(i) The letters ‘Bonum pacis et concordie’ of Simon bishop of London, addressed to all the sons of holy mother church and dated as below, setting forth that grave discord having lately arisen between the prior and convent of the church of St. Bartholomew de Smythfeldi, London, of the one part, and the master and brethren of the hospital of St. Bartholomew, London, of the other part, in regard to many articles contained in a certain composition made by the late Eustace [de Fauconberge], sometime (nuper) bishop of London, the said bishop Simon has ordained as follows, namely, that when a master is to be created in the said hospital the brethren thereof shall repair to the prior of St. Bartholomew's and, after asking from him licence to elect, shall elect a fit person as master, namely a priest or such person as can be soon promoted to priest's orders, which master, when elected, shall be presented to the prior and, if fit, shall by him be presented to the bishop of London and shall. after the confirmation of his election, swear in the chapter of the said prior and convent obedience to the prior and fealty alike to the prior and to the convent; and (in order that the said master may not by the said prior and convent be taxed with disobedience, in respect of arbitrary commands made at their pleasure in virtue of his obedience) be it known that he shall not be bound to obey the prior except only in respect of the articles contained below, in the bishop's present ordinance. When a person is to be received as a brother, it shall be lawful for the master and his successors to receive him and give him the habit, by their own authority, without requiring the assent of the said prior and his successors, and each person received shall swear fealty to the prior and convent in their chapter, at the chapter hour, within three days after the giving of such habit, the same form being observed in the reception of sisters. When the brethren of the hospital go forth to preach or to collect alms they shall, before they go forth, swear to the master that in all their life they will ask nothing except in the express name of the hospital, nor receive anything belonging to the canons of St. Bartholomew's, and that if they do so they will on their return make restitution without diminution and without delay; and the canons, when they go forth, shall make a like promise to the prior, namely, that they will ask nothing except in the express name of the canons of St. Bartholomew's, and if they receive anything in the name of the hospital or belonging thereto they will make restitution to the brethren of the hospital, in good faith, wholly and without delay; a like oath to be taken in the case of a lay-brother, and no layman to be sent by either house to collect alms unless he first take the said oath. The master of the hospital shall, if he can, himself correct the excesses of the brethren and sisters, but if he cannot, the prior of St. Bartholomew's shall, at the instance of the hospital, repair to the chapter of the brethren, in order that with the counsel of him and of the master the things which need correction may be corrected; and if they be negligent, or if correction cannot be made by them, it shall be made by the bishop or his official. The master and brethren shall be able lawfully to confer and assign at pleasure perpetual maintenance to whomsoever they please (fn. 4), and make alienations of their rents and possessions in perpetuity, the form of the sacred canons in the matter being observed, without in any wise consulting the prior of the said church and any of his successors. The prior of St. Bartholomew's and his successors, keepers of the seal of the said hospital, which is wont to be kept under three keys, shall in future in no wise interfere [therewith] (fn. 5). The said master and brethren shall not be bound in future to repair to the procession at the church of St. Bartholomew on Palm Sunday and Ascension day, but on St. Bartholomew's day two of the brethren of the hospital shall in the name of the master and brethren carry in the procession two wax candles of four pounds (fn. 6), and at the end of the procession offer them at the high altar of St. Bartholomew, which done they shall return when they like, without challenge, to their own house. They shall never erect an altar or image of St. Bartholomew in the said hospital to the prejudice of the said canons. The said master and brethren and their successors shall be able in future freely to obtain as many and as great bells as they wish, and build a bell-tower as they please, and lawfully ring them on the vigil of Easter as early as they please. Moreover, it shall be lawful for the master and brethren and sisters, and their successors, to be buried in their said hospital, together with all who die within the precincts thereof (fn. 7), and cause a cemetery to be consecrated there, and also to admit all who wish to choose their burial there, but they shall never in any wise admit to burial any parishioner of the church of St. Sepulchre without Newgate (extra Neuugate) London, or any persons who die in the parish of the said church of St. Sepulchre, or any who die within the precincts (fn. 8) of the priory of St. Bartholomew, in such wise that never in future shall they claim or seek the cemetery at the said priory of St. Bartholomew appointed from of old for the burial of the poor, nor shall they in future in any wise be able to interfere with any cemetery or burial there. The said master and brethren and their successors shall not in future seek nor in any wise have from the prior and convent of the said church, nor from any of their successors for ever, tithe of their bread, remains of the bread, drink, fish and meat of the canons and brethren … which they have hitherto been wont to have and receive from the said priory; but, in order that the hospitality to the sick, which was hitherto wont to be becomingly observed there (fn. 9), may not in any way be diminished in future by the aforesaid ordinance, the bishop specially ordains that every future master shall observe and keep etc. the said hospitality as completely as his predecessors have hitherto done from time immemorial. Each party, moreover, has by oath promised firmly and in good faith to observe this, the bishop's ordinance and amicable composition, renouncing appeal etc. In the event of the prior and convent, of the one part, or the master and brethren, of the other part, raising difficulties (fn. 10) in regard to the foregoing, or of a question arising thereupon between them, the plaint shall be taken to the bishop or his official or, in their absence, to the chapter of St. Paul's, and there terminated etc. Moreover, in order that the bishop's present ordinance may hold good for ever, he has caused it to be drawn up in the form of a tripartite chirograph, has caused his seal, the seal of the chapter of St. Paul's and the seals of the aforesaid parties to be appended to these presents, and caused the same to be drawn up in the form of a public instrument by the below-mentioned notary, saving always and in all things the rights of the bishop and of his church of London, of the which chirograph one part shall remain with the prior and convent of St. Bartholomew, the second with the master and brethren of the said hospital, and the third in the treasury of St. Paul's, and lest anything of the articles contained [therein] be neglected through forgetfulness, the prior shall yearly on the morrow of Ash Wednesday (fn. 11) send one (fn. 12) of his canons to the chapter of the said hospital about the first hour and there cause his chirograph to be read to the brethren assembled in common audience, and on the Friday following (fn. 13) the master of the hospital shall send one (fn. 14) of his brethren at the hour of chapter to the chapter of St. Bartholomew's and there in like manner cause his chirograph to be read.
The foregoing were acted and done, as they are above written, in the bishop's palace at London, 11 April, 1373, the 12th year of his consecration, in the presence of Thomas de Balreton, clerk, of the diocese of Norwich, notary public by papal authority, together with brother Andrew de Halstede, sub-prior of the said house of St. Bartholomew, brother John Langdich, a canon of the same place, brother Richard Orewell and brother Richard Suchon, of the said hospital of St. Bartholomew, on the above date, indiction 11, the 3rd year of pope Gregory XI, and the said notary, being engaged in other arduous business, has caused the same to be written by another, and by the bishop's order caused it to be drawn up in the present public form, and has marked it with his wonted mark, etc.
(ii) The letters ‘Humilibus supplicum votis’ of Richard, bishop of London, addressed to all the sons of holy mother church, and especially the master and brethren of the hospital of St. Bartholomew by Smythfeldi in the suburb of our city of London, present and future, and dated as below, stating that it was recently set forth to him on behalf of the master and brethren of the said hospital that between the prior and convent of the prior of St. Bartholomew's in the said suburb and the said master and brethren a certain composition was made by the late Simon bishop of London, in the matter of certain articles contained therein, in which composition it is contained amongst other things that the person elected master of the said hospital by the brethren thereof shall be presented to the prior, and if fit be presented by the prior to the bishop; but that divers priors have, without reasonable or lawful cause, delayed (fn. 15) to present to the bishop many and various masters-elect, as a result of which delay (fn. 16) the hospital was very often too long void, thereby causing many inconveniences etc.; that in the said composition it is also provided that on St. Bartholomew's day two of the brethren of the said hospital shall in the name of the master and brethren carry in the procession two wax candles of four pounds (fn. 17), and after the end of the procession offer them at the high altar of St. Bartholomew, as a result of which carrying and offering of the said candles by the said two brethren in such procession unduly prolonged, the said two brethren have on the said day remained absent an undue length of time from the said hospital at the time of the celebration of divine offices, wherefore the masses and other divine offices, which ought on the said day to be celebrated in the said hospital and solemnly sung, have often ceased, so that divine worship in the hospital is diminished and the devotion to it of the people for the hearing of divine offices and visiting the bed-ridden poor therein is manifestly withdrawn (fn. 18), in consequence of which the hospital has sustained and at present sustains many inconveniences and scandals, and will so sustain, unless a remedy be swiftly provided. And seeing that between the said prior and convent and master and brethren litigation (lites), dissensions and discords very often arose about the said articles and their observance, as has been found in the said bishop's recent ordinary visitation of the priory and hospital, and as he has learned by public report etc., he therefore, in order that such litigation (lites), dissensions and discords may utterly cease, and that divine worship may increase and continue in the said hospital, having taken counsel with experts in the law, and having received reliable information, decrees and declares that the said two articles above specified, contained in the said composition, shall be changed or modified, and perpetually observed in future as follows, namely, that as often as the hospital is without a master, the brethren (having first sought licence from the prior of the said priory) shall duly proceed to the election of a future master (fn. 19), and, the said election having taken place, the said brethren shall directly and without reference to the said prior as far as regards making the presentation of the person elect, repair to the bishop and his successors or, in case of voidance of the see, to the guardian of the spiritualities, for confirmation of such election, and procure the due confirming of the election, and, after such confirmation, the prior (or in his absence, or during voidance of the priory, the sub-prior) shall be written to, to induct the person thus elect into corporal possession of the hospital. The bishop has modified the said second article as follows, namely, that every year in future on St. Bartholomew's day one brother of the hospital shall offer at the high altar of the priory six pounds of wax of good and just weight in the name of the hospital, shall not take part in the procession in the priory on that day, but, as soon as he has made the said oblation of six pounds of wax, shall return to the hospital for the increase and continuation of divine worship therein. The bishop ordains, enjoins and defines that as often as the hospital is without a master, the entire administration, conservation and wardenship of all the goods of the hospital shall, during the voidance of the mastership, belong to the president and brethren of the hospital alone. The remaining articles, contained in the said composition, the said bishop orders to remain in force: those, however, which he has modified as above, he orders to be observed by the two parties under pain of the greater excommunication. In witness of which thing his seal has been appended to these presents. Dated in the said bishop's manor of Falh[a]m (sic), 31 October, 1420, the 14th year of his translation.
In order that the foregoing exemplification of pope Martin's letters may give full certitude of the fact, pope Nicholas decrees that it shall in all things have the same force as the original would have, and that the same credence shall be given to it, at all times and in all places, in judgement or wherever else it be exhibited, etc., but that no new right shall by this be acquired by any one. Ad fut. rei mem. Provisionis nostre. (T. and P. Lunensis. | T. xxx. de Tervisio.) [13 pp. See below, Reg. Lat. CCCCLXXXVII, f. 77d; CCCCXCIII, f. 292d. In the left-hand margin at the beginning is the occasionally occurring ‘A.’ perhaps representing ‘Anglia’; cf. below, f. 222d.]
7 Kal. Oct.
(25 Sept.)
St. Peter's, Rome.
(f. 69d.)
To the abbot of Abbeygormacan (de Via nova) in the diocese of Clonfert. Mandate, as below. The recent petition of David Ymeleqr(y)ll [Ymulcaeryll in Cal. Lett. IX, p. 211], a friar of the Third Order of St. Francis, of the diocese of Clonfert, contained that formerly (after the late Thomas and John, bishops of Clonfert, had each of them given to him in frankalmoin the temple or [cf. ibid.] parish church of Cluay[n]cayneqr(y)l [Cluacaen Caeryll ibid.] in the said diocese, together with the chapels, gardens, cemeteries and all buildings pertaining thereto, in order that he might cause a house or convent to be built therein for the use and habitation of him and other brethren of the Order) Cornelius, bishop of Clonfert, inasmuch as the said David (being for certain reasons unable, with a clear conscience, to retain any longer the said church or temple, which in virtue of the said donation he had obtained possession of in the name of the friars of the said Order and at present holds and possesses, although the said grant and donation had been afterwards approved by papal authority, and although the building of a house or convent had been begun therein for the said use and habitation) desired on account of the foregoing to change his intention of founding a house therein into a better and more useful work, and to transfer it, under the name of the said Saint, to his first Order, by his ordinary authority granted and gave, with the unanimous consent of his chapter, to the minister and friars of the said first Order, for their use and habitation, the said church or temple, together with a third part of the ecclesiastical land situate round about the said church and all its chapels, cemeteries and buildings belonging to the said temple, transferred the said David to the said first Order and house, and granted him indult to remain in perpetuity in the said Order. Seeing however (fn. 20) that, as the said petition added, David fears lest the said donation and grant etc. do not hold good, because they were made without special licence of the said see, and lest he may have incurred excommunication, especially in accordance with John XXII's constitution beginning ‘Sacrosancta,’ the pope hereby orders the above abbot to absolve him from all sentences of excommunication etc. incurred on account of the foregoing, enjoining penance etc., dispense him on account of any irregularity contracted by celebrating masses etc., and rehabilitate him. and, if he find the said donation, grant etc. lawful, to confirm them and their consequences, and in that event to grant him licence to transfer himself to the said first Order and house, and remain therein in perpetuity. Sedis apostolice circumspecta benignitas. (A. and M. Amici. | A. xxvi. de Feletis.) [22/3 pp. See Cal.Lett. IX, pp. 211, 212.]
7 Kal. Aug.
(26 July.)
St Peter's, Rome.
(f. 92d.)
To the prior of St. Giles's de Bernewell in the diocese of Ely. Mandate, as below. The recent petition of the abbess and convent of the monastery of Denney (rectius Denney) in the diocese of Ely, immediately belonging to the Roman church, of the Order of St. Clare, living under the care of the Friars Minors, contained that the fruits etc. of a certain chantry or chaplaincy in the parish church of St. Andrew de Histon in the said diocese (founded at the altar of St. Mary in the said church by the late Philip de Colvile, son and heir of the late Henry de Colvile, for one priest to celebrate perpetually divine offices for [the souls] of the said Philip and his wife and certain of their progenitors, and afterwards augmented by James de Roos, knight, William Thyrnyng and John Tyndale) are so much diminished that for ten years past no chaplain has served the said chantry in divine offices or kept residence therein, nor is likely to do so in future; and added that if the chantry were united and appropriated in perpetuity to the said monastery, the said abbess and convent would cause the said divine offices to be celebrated by a fit secular priest or by a regular priest, a friar of the said Order, in accordance with the said foundation etc. At the said petition of the abbess and convent, who allege that they are the patronesses of the chantry, that its fruits etc. do not exceed a yearly value of 5l. sterling, and that they intend to come to an agreement with the bishop and the archdeacon and chapter of Ely, the pope hereby orders the above prior to summon the executors of the wills of the said founder and augmentors, and, if he find the above to be true, to make the desired union and appropriation. with the consent of the said bishop, archdeacon and chapter, so that if the chantry be now void, or on the resignation or death of the present chaplain, the abbess and convent may take possession and convert the fruits etc. to their own uses: the pope hereby further granting that the abbess and convent may and shall cause ten masses to be celebrated every year in the said parish church by a secular priest or by a regular priest of the said Order, and the residue of the masses etc., in accordance with the said foundation etc., to be celebrated in the church of the said monastery, the pope's will being that they shall carry out the other wonted burdens of the said chantry. Digna reddimur attentione. (T. and A. de Cortesiis. | T. xxx.de Tervisio.) [3 pp.]
5 Non. July.
(3 July.)
St. Peter's, Rome.
(f. 130d.)
To John Hert, a canon of the Augustinian monastery of Christchurch (monasterii Christi) in the diocese of Winchester. Dispensation to him, who is a priest and the son of serfs of the said monastery, and chaplain of John baron of Stowrton, counsellor of Henry king of England and treasurer of the king's household (fn. 21), to hold etc. all dignities etc. and benefices wont to be held etc. by other canons of free condition of the said monastery and Order. Religionis zelus, vite etc. (O. and Nicasius. | O. xx. Pontanus.) [1 p.]

[De] Diversis [Formis].

7 Id. Aug.
(7 Aug.)
St. Peter's, Rome.
(f. 188d.)
To the archbishop of Canterbury, and the bishops of Spoleto and London. Mandate (briefly recapitulating the pope's confirmation etc. of sentences against Robert Wricht, a citizen of London and parishioner of St. Edmund's in Lombard Street, in the matter of the customary payment by the inhabitants of the city of London of certain oblations on certain feast days, below, f. 222d) to cause the pope's said letters to be observed, and moreover publicly to proclaim and cause to be proclaimed excommunicate those who disobey them, until they make satisfaction to the rectors or vicars and others to whom satisfaction is due, or make an amicable agreement therewith. Hodie quasdam bone memorie. (T. and Ja. de Vicentia. | T. xx. de Tervisio). [22/3 pp. In the left-hand margin, under the ‘T.,’ is the initial letter ‘A.’ for which see below, f. 222d.]
3 Id. Aug.
(11 Aug.)
St. Peter's, Rome.
(f. 205.)
To the bishop of Ely. Mandate to dispense Richard Andrebh (rectius Andrew), layman, and Ed[i]th Busch, of his diocese, to remain in the marriage which they formerly contracted per verba legitime de presenti in ignorance of an impediment of spiritual relationship arising from the fact that the late Edith, Richard's first wife, was god-mother at the baptism of a daughter of the said Edith Busch by another husband; proclaiming the offspring to be born of the said marriage legitimate. Oblate nobis. (O. and B. de Monte. | O. xvi. Pontanus.) [1 p.]
6 Kal. July.
(26 June.)
St. Peter's, Rome.
(f. 210.)
To Richard Forbes, clerk, of the diocese of Aberdeen, bachelor of canon law. Dispensation to him (whom, the son of an unmarried knight and an unmarried woman, and already made a clerk, Eugenius IV dispensed on account of the said illegitimacy to be promoted to all, even holy orders and hold any compatible benefices with or without cure, of any number and kind, even if canonries and prebends, dignities etc., and to resign them, simply or for exchange, as often as he pleased; and all of whose benefices and their values and his dispensations the pope holds to be expressed by these presents) at his own petition and that of James, king of Scots, of whom he is a chamberlain and a continual commensal member of his household, and a minister of his chamber of accounts (fn. 22), to be elected etc. to any episcopal dignities; with grant hereby not to be obliged in future papal or other graces to mention the said defect and his dispensations about it. Litterarum sciencia, vite etc. (T. and G. Gonne. | T. lxxx. de Tervisio.) [2 pp.]
7 Kal. Oct.
(25 Sept.)
St. Peter's, Rome.
(213d.)
To Cornelius Omolrony (cf. above, p. 587), dean of Cashel. Grant, as below. Lately, on the expected voidance of the deanery of Cashel by the promotion made by the present pope to the church of Cashel of John [now] archbishop, then elect of that see, and by his consecration, which was to be administered to him, the pope ordered the prior of the Augustinian monastery of Athesill in the diocese of Cashel to reserve it to his gift for collation to the above Cornelius, and to collate and assign it to him on its becoming void as above, or in any other way except by the death of the said elect; after which, as the recent petition of the above Cornelius contained, David Haket, prior of the said monastery, made collation and provision of the deanery (on its becoming void by the said promotion, and by the consecration administered to the said elect by order of the pope in the Roman court) to the said Cornelius, who in virtue thereof obtained possession and has held it for about a year. The said petition added that, before the said collation and provision were made, under pretext of papal letters (formerly obtained by the said Cornelius in the matter of the deprivation for his crimes etc. of Thomas Nangyll of a canonry and the prebend of Kylbrach in the said church, and addressed to the abbot of the Cistercian monastery of Holy Cross de Ouctirlamand in the said diocese) the late Fergal, then abbot of Holy Cross, [being] without the city and diocese of Cashel, committed his powers in regard to the execution of the said letters to David Gundon, a canon of Ossory, who deprived and removed the said Thomas, and made collation and provision of the said canonry and prebend to the said Cornelius, and that the latter, in virtue thereof obtained possession of the said canonry and prebend, and has detained them for about twelve years, taking the fruits meanwhile, the which canonry and prebend he has at length resigned; and that therefore, as well as for other causes, some hesitate as to the validity of the collation and provision of the said deanery, which were thus made later [in virtue of the aforesaid letters which he had] obtained (fn. 23) and without his having had any rehabilitation in the said matter. The pope therefore, hereby rehabilitating Cornelius, grants that the said collation and provision of the deanery, and their consequences, shall hold good from the date of these presents, even if the said deanery, which is a major elective dignity with cure, value not exceeding 20 marks sterling, be still void as above, or be void in any other way. Vite etc. (O. and G. Gonne. | O. xx. Pridie Non. Octobris Anno Septimo. Pontanus.) [2 pp.]
7 Id. Aug.
(7 Aug.)
St. Peter's, Rome.
(f. 222d (fn. 24).)
Exemplification of the letters of Innocent VII ‘Ad fut.rei mem. Ea que pro utilitate’ dated at St. Peter's, Rome, 16 Kal. May anno 2 (16 April, 1406), which themselves exemplify the letters ‘Omnipotens deus cuius est terra’ of Thomas, archbishop of Canterbury, addressed to the mayor, aldermen and sheriffs of the city of London and all other citizens or inhabitants thereof, and dated in his manor of Lamehith, 6 Aug. 1397, the first year of his translation; with confirmation, in third instance, of a sentence delivered, in second instance, by William de Fondera, now bishop, then bishop elect, of Oloron, as papal auditor, confirming a sentence which William Freston, doctor of laws, commissary-general of Thomas Lisieux (dean and canon of St. Paul's, London, official and guardian of the spiritualties of the see), had delivered, in first instance, in conformity with a constitution of Roger Niger, bishop of London [in Wilkins, Concilia, Vol. III. p. 231], against Robert Wright, a parishioner of St. Edmund's in Lombardstrete in the city of London, who refused to pay the oblations wont to be paid on certain feast days by the inhabitants of the said city, etc., as above, p. 250. Ad perp. rei mem. Ad onus apostolice servitutis. (A. and P.de Noxeto. | A. l. de Feletis.) [16⅓ pp. See also above, f. 188d. In the left-hand margin at the beginning, beneath the ‘A.’ and ‘P. de Noxeto’ is the occasionally occurring initial letter ‘A.,’ probably representing ‘Anglia’ in connection with the ‘Vidi pro Reverenda Camera Apostolica Hib.Ang.’ which appears on the flyleaf of some of the Lateran Registers, e.g. Reg. CCCCXLVIII, as noted above, p. 387.]
17 Kal. Dec.
(15 Nov.)
St. Peter's, Rome.
(f. 282d.)
To the archbishop of Tuam. Mandate, after imposing penance for incest, to dispense to marry John Bremicheam, layman, and Mary de Burgo, of his diocese, who formerly, not in ignorance that they were related in the double third and double fourth degress of kindred on divers sides, committed fornication several times and had offspring, and now desire to marry for the good of peace between their relatives, between whom deadly enmity has arisen; proclaiming the said offspring and that to be born of the marriage legitimate.Oblate nobis. (O. and G. Gonne. | O. xviii. Pontanus.) [1 p. +.]
1452[–3].
12 Kal. April.
(21 March.)
St. Peter's, Rome.
(f. 299d.)
To the bishop of Glasgow. Mandate, after imposing penance, and after temporary separation, to absolve from excommunication incurred, and to dispense Ralph Sympyl, knight, and Elizabeth Boid, relict of John Walate (rectius Walace), lord of the place of Cragui, also a knight, of the diocese of Glasgow, to re-contract and remain in the marriage which they formerly contracted per verba legitime de presenti and consummated, not in ignorance that they were related in the second and third and also in the third and fourth degrees of kindred; their recent petition adding that if a divorce (divorcium) were to take place between them, who are by both parents of a race of great nobles, grave events might probably happen between their parents, kinsmen and friends. The above bishop is to decree offspring born, if any, and that to be born of the marriage legitimate.Oblate nobis. (P. and Ja. Bigneti.) P. xxxii. de Varris.) [1 p.]

Footnotes

  • 1. On the back of the volume is the usual modern description, in Italian:Nicolò V. 1453 (ill corrected from ‘1443’). Anno7. Lib. i. A flyleaf has, in different contemporary hands, ‘Primus de regularibus et de diversis formis anno vii,’ ‘R(ecipe) C(onrade), A'[de Feletis], ‘Rubricatus per me Conr(adum) Cziremberg 1454, viii Februarii,’ ‘Quisitus pro Johanne (here ‘Johanne’ is in full) episcopo Leodiensi,’ etc. A similar but hardly legible contemporary description ‘Primus …’ occurs also, as usaual, on the bottom edge of the volume, ending with the usual ‘domini nostri Nicolai pape quinti.’ There are ff. 1–318 of text, and f. 319, which is blank, except for unimportant scribling.
  • 2. peticio continebat quod nuper venerabilis frater noster Cornelius episcopus Elphinensis, cupiens religionem ipsius ordinis in civitate et diocesi Elphinensi propagari et augmentari, parrochialem ecclesiam Templum sancti Patricii nuncupatam Elphinen. sive locum illius, curam in eadem, ad id dilectorum filiorum capituli Elphinensis et vicarii perpetui ipsius ecclesie ac civium Elphinen., qui ipsam ecclesiam certis terris per eos nomine et vice dicti episcopi possessis plene et libere dotaverunt, eciam Thomoltei Mickermoda (rectius Mickermada) aliorumque parrochianorum eiusdem, omnibus libertatibus et immunitatibus ipsius ordinis illi propterea reservatis, ipsam ecclesiam ab omni cura et easdem terras a quibusvis censu annuo (substituted in the margin by ‘T’ for ‘a(n)i(m)o’ of the text, cancelled) et exactione tam in spiritualibus quam temporalibus eximendo, liberamque et immunem fieri censendo, ac ipsarum terrarum et rerum omnium concessarum usum et fructum eidem ordini reservando, expresso accedente consensu supprimendo, pro usu et habitacione fratrum minorum dicti ordinis auctoritate ordinaria cum omnibus iuribus et pertinenciis suis in puram elemosinam donavit atque concessit.
  • 3. in ipsius ecclesie ac tribus vel quatuor aliis locis.
  • 4. Magister vero et fratres eiusdem loci victum perpetuum quicunque (rectius ‘cuicunque’) vel quibuscunque prout eis videbitur legitimate conferre valabunt (rectius ‘valebunt.’ the word ‘valahunt’ being substituted by ‘T.' [de Tervisio] in the margin, in place of ‘valeant’ of the text, which is expunctuated by him) et pro eorum arbitrio assignare
  • 5. prior vero sancti Bartholomei et successors sui custodes sigilli predicti hospitalis quod sub tribus clavibus solet custodiri de cetero nullatenus se debeat mi(n)strare (? rectius ‘immiscere’).
  • 6. die pasche floridi et die assensionis (sic) domini, die si quadam (? rectius ‘siquidem’) sancti Bartholomei duo de fratribus sepedicti hospitalis duas (sic) cereos de suo (? rectius ‘ponderis,’ as in the pope's summary at the beginning of his bull, which has duos cereos ponderis quatuor librarum expensis et nomine magistri et fratrum predictorum ad possessionem [cancelled and replaced in the margin by ‘processionem’]…) quatuor librarum nomine magistri et fratrum suorum ad processionem deferent.
  • 7. unacum omnibus et singulis infrascripta (rectius infra septa) predicti hospitalis decedentibus.
  • 8. infra septa prioratu(m) (rectius prioratus).
  • 9. magistri vero et fratres pretaxati et (or ‘vel,’ the word is uncertain, and has a small corrector's cross above it) successores sui de cetero non petant nec quovismodo habebunt de priore et conventu ecclesie sepedicte nec de eorum successoribus quibuscungue imperpetuum panis sui decimacionem canonicorum et fratrum panis potus et piscis (rectius piscium, as in the pope's own recapitulation at the beginning of his letter) et carnes (rectius carnium, as ibid.) reliquias, nec eciam priori nec canonicis a(n) niu(er) sare que hactenus de dicto prioratu habere et percipere consueverunt, verum ne hospitalitas infirmorum qui (sic) hactenus solebat honeste ibi observari
  • 10. difficiles se reddiderint.
  • 11. in crastino cenerum.
  • 12. aliquod, rectius aliquem.
  • 13. feria vero sexta sequenti.
  • 14. aliquod, rectius aliquem.
  • 15. procellarunt et retardarunt.
  • 16. ex quibus procelacione et retardacione.
  • 17. quod in die sancti Bartholomci duo de fratribus dicti hospitalis duos cereos de suo (sic) quatuor librarum nomine et fratrum suorum ad processionem deferrent (sic).
  • 18. populique ad ipsum ad divina inibi audienda ac pauperes in ipso hospitali grabbatis continuo receptos et iacentes visitandi consulentes devotio subtrahitur manifeste. …
  • 19. fratres ipsius hospitalis ad electionem futuri magistri eiusdem hospitalis petita primitus licencia nobis (this word ‘nobis’ is underlined for expunctuation and over-written ‘T.’ ‘T.’) obtenta (this word is not so marked, although it apparently ought to have been, unless the words ‘licet non’ have dropped out before it) a priore dicti prioratus debite procedant, ipsaque electio[ne] facta et celebrata iidem fratres ad nos successoresque nostros episcopos Londonien. sede episcopali Londonien. plenaque (sic), et ipsa sede vacante ad custodem spiritualitatis eiusdem pro confirmacione electionis huiusmodi habenda immediate irrequisito priore predicto quoad presentacionem persone electe in ea parte faciendam accedant, ipsamque electionem debite confirmari procurent, qua electione confirmata scribatur priori predicto vt (rectius v(e)l) eo absente vel dicto prioratu vacante suppriori eiusdem ad inducendum personam sic electam in corporalem possessionem hospitalis antedicti.
  • 20. peticio continebat quod olim postquam dicto David bone memorie Thomas et Johannes Clonferten(ses) episcopi, quisq(ue) videlicet eorum, tempore quo ecclesie Clonfertensi prefuerant templum sive parrochialem ecclesiam de Cluay[n]cayneqr(y)l eiusdem diocesis unacum capellis ortis cimiteriis et cunctis edificiis dicto templo adherentibus in puram et perpetuam elemosinam ut inibi domum sive conventum pro ipsius et aliorum fratrum dicti ordinis usu et habitacione edificari facere posset et perpetuo collegialiter habitare donaverant concesserant et assignaverant sive donaverat concesserat et assignaverat, venerabilis frater noster Cornelius episcopus Clonfertensis cum dictus David ut asserebat, propter certas causas consciencia sua salva templum sive ecclesiam huiusmodi quod sive quam donacionis et concessionis predictarum vigore vice et nomine fratrum dicti ordinis assecutus fuerat illudque seu illam tenet et possidet de presenti, diucius retinere non valens, licet concessio et donacio facte huiusmodi postea auctoriatate apostolica approbate et domus sive conventus inibi pro usu et habitacione huiusmodi construi sive edificari inchoata fuissent, cuperetque propterea dictus David propositum quod animo gerebat de domo fundanda inibi in melius et utilius opus commutare ac illam sub nomine dicti sancti in ipsius primum ordinem transferre, in ea parte dicti David voto annuens, ecclesiam sive templum prefata cum tercia parte terre ecclesiastice circa ecclesiam eandem situate necnon capellis cimiteriis et edificiis suis universis eidem templo adherentibus, habito prius super hoc diligenti tractatu cum capitulo suo et illorum unanimi consensu, ministro et fratribus dicti primi ordinis pro eorum usu et habitacione sub certis modo et forma eciam concessit et donavit, dictumque David ad primum ordinem et domum huiusmodi transtulit et sibi ut in dicto ordine perpetuo remaneret ordinaria auctoritate indulsit atque concessit. Cum autem
  • 21. ex parentibus servis seu servilis conditionis monasterii Christi ordinis sancti Augustini Wintoniensis diocesis oriundusnecon dilecti filii nobilis viri Johannis domini loci de Stowrton baronis, carissimiregis illustris consiliarii ac eius domus regie thesaurarii capellanus existis. …
  • 22. necnon considerationeJacobi Scotorum regis illustris, pro te dilecto suo camerario ac familiari continuo commensali eiusque camere compotorum magistro nobissupplicantis. …
  • 23. de collationis et provisionis decanatus huiusmodi postea factarum [vigore predictarum litterarum per te] sic obtentarum et nulla habilitatione desuper habita viribus ab aliquibus hesitetur.
  • 24. On f. 282 is a dispensation, to hold any comptible benefices, for Charles Olerdi, a canon of St. Peter's, Middelburg (Middelburgen.), in the diocese of Utrecht (Traiecten.), who has been already dispensed quoad minores et sacros ordines, as the son of a married man and a married woman, by ordinary and papal authority.