Lateran Regesta 549
1459-1460

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Institute of Historical Research

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J. A. Twemlow (editor)

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1933

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56-60

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'Lateran Regesta 549: 1459-1460', Calendar of Papal Registers Relating to Great Britain and Ireland, Volume 12: 1458-1471 (1933), pp. 56-60. URL: http://www.british-history.ac.uk/report.aspx?compid=103816 Date accessed: 27 November 2014.


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

2 Pius II.

De Exhibitis.

1459.
12 Kal. Nov.
(21 Oct.)
Mantua.
(f. 55.)
To the abbots of St. Mary's de Pratis, Leicester, in the diocese of Lincoln, and St. Mary's, Merevale (de Miravalle) in the diocese of Coventry and Lichfield. Mandate as below. The recent petition of Nicholas Smyth, layman, of the diocese of Lincoln, contained that although he is not bound to pay tithes to the prior and brethren of the Carthusian house of Jesus of Bethleem (fn. 2) in the diocese of Winchester, nor had received any tithes belonging to them, nevertheless, falsely alleging that he had taken from them certain such tithes and was wrongfully detaining possession of them, they brought him before John Stokes, clerk, doctor of laws, under commission from Thomas archbishop of Canterbury, and that the said John, wrongfully proceeding, promulgated an unjust sentence in favour of the prior and brethren and against Nicholas, and condemned him in costs, from which sentence he has appealed to the apostolic see, and has petitioned the pope to commit the cause of the appeal and that of the principal matter to some upright men in those parts. The pope therefore orders the above two abbots to summon the prior and brethren and others concerned, hear both sides, and decide what is just, without appeal, causing their decision to be observed by ecclesiastical censure. Humilibus supplicum votis. (P. and A. de Cortesiis. | P.xii. de Varris.) [2½ pp.]
1459.
6 Id. Nov.
(8 Nov.)
Mantua.
(f. 105d.)
To the bishop of Glasgow and the prior of St. Andrews. Mandate, at the recent petition of Thomas bishop of Aberdeen (containing that Ninian bishop of Whiteherne wrongfully refuses to give and assign to him certain fruits, sums of money and other things belonging to him, both on account of the church of Whiteherne, from the time when he was translated thence to Aberdeen, and otherwise) to summon bishop Ninian and others concerned, hear both sides, and decide what is just without appeal, causing their decision to be observed, by the said bishop by the pope's authority, and by others by ecclesiastical censure. Humilibus supplicum votis. (P. and Jo. Rode. | P. xii. de Varris.) [1½ pp.]
3 Id. Sept.
(11 Sept.)
Mantua.
(f 142.)
To the bishops of Orvieto and Lismore, and the precentor of Lismore. Mandate, at the recent petition of Cornelius Oboyan (recte Obryan), priest, of the diocese of Ardfert (containing that on the voidance of the perpetual vicarage of the parish church of Ardinor (recte Ardmor) in the diocese of Lismore by the death of Walter Wyot, Robert bishop of Lismore made collation and provision thereof by his ordinary authority to the said Cornelius, who in virtue thereof obtained it and is still in possession, but now doubts whether the collation and provision hold good) to collate and assign to him the said vicarage, with cure and value not exceeding 13 marks sterling; whether it be void as stated, or because the late Philip Vyot held it for more than a month without dispensation, together with the deanery of Lismore, a dignity, or by the deaths of the said Philip or Thomas Kyrk, clerk, or by the resignation of the said Walter, Philip and Thomas, or otherwise. Vite etc. (P. and G. Gonne. | P. xvi.Residuum pro deo. Decimoseptimo Kal. Novembris Anno Secundo. de Varris.) [3¼ pp.]
6 Kal. Nov.
(27 Oct.)
Mantua.
(f. 161.)
To the prior of St. Andrews, the provost of St. Mary's, Lincoludane (sic), in the diocese of Glasgow, and the official of St. Andrews. Mandate as below. The recent petition of Andrew Lyell, priest, of the diocese of St. Andrews, contained that although the patronage of the parish church of Newlands (de Newlandis) in the diocese of Glasgow lawfully belonged for that turn to Janet (Jonetam) relict of James Dugles, sometime lord of the place of Dalketh in the diocese of St. Andrews, in virtue of her inheritance, and that although the said Andrew was presented by her (on the voidance of the said church by the promotion made by the apostolic see of Ninian bishop of Whiteherne to that see, and by his consecration administered to him without the Roman court) to Andrew bishop of Glasgow, that bishop refused to institute him, and has instituted Humphrey de Valance, priest, who stated that he had been presented to the said bishop Andrew by James de Dugles, layman, whom he falsely alleged to be the patron for that turn; under pretext of which presentation and institution the said Humphrey has intruded himself and is still in possession, and from which institution and intrusion the said Andrew Lyell has appealed to the apostolic see, and has petitioned for the commission of the cause of the appeal, together with the whole principal matter, to some one in those parts. The pope therefore orders the above three to summon Humphrey and others concerned, hear both sides, and decree what is just, without appeal, causing their decision to be observed by ecclesiastical censure. Humilibus supplicum votis. (P. and Jo. Rode. | P. xvi. de Varris.) [2 pp.]
Prid. Non. Dec.
(4 Dec.)
Mantua.
(f. 179.)
To the provost of St. Salvator's at St. Andrews and the official of Brechin. Mandate as below. The recent petition of Thomas Balze, layman, of the diocese of Glasgow, heir of the late Mark Balze, his father, contained that although the said Mark was begotten in lawful wedlock by the late William Balze his father, layman, of the said diocese, and that although he therefore lawfully succeeded to the same William, and the aforesaid Thomas (begotten by the same Mark, likewise in lawful wedlock) lawfully succeeded to the said Mark and William, who successively died, in respect of the hereditary goods left by them, (fn. 1) nevertheless William Balze, layman, of the said diocese, Mark's brother, falsely alleging that Mark was illegitimate, to the intent that he might claim the succession in respect of the goods of the said late William, which he falsely alleged that Thomas was wrongfully occupying, (fn. 2) and might bar Thomas from an action in respect of other goods, which are due likewise to Thomas from the said inheritance, and which William detains, brought Thomas, not by papal delegation, before the official of St. Andrews; that Thomas's appeal from the said official to the apostolic see was, although it had not lawfully devolved to the Roman court, nor should of necessity have been dealt with and ended there, committed by the present pope, together with the principal matter, at the instance of the aforesaid surviving William, to Master Bernard (fn. 3) Rauira (sic), a papal chaplain and auditor, who is said to have decreed citations, not yet executed. The said petition adding that the merits of the cause can be made clearer in those parts than in the said court, the pope hereby calls it up to himself, orders the above three, with the consent of the proctors of both parties, to summon the said surviving William (fn. 1) and others concerned, hear both sides, also taking cognisance of the principal matter, and decide what is just with appeal, causing their decision to be observed by ecclesiastical censure. Humilibus supplicum votis. (P. and Jo. Rode. | P. xvi. de Varris.) [2⅓ pp.]
16 Kal. Jan.
(17 Dec.)
Mantua.
(f. 190d.)
To the abbot of Melros in the diocese of Glasgow, the vidame of Reims and the official of Glasgow. Mandate as below. The recent petition of William de Lawedre, priest, of the diocese of Glasgow, M.A., contained that on the voidance of a canonry of Dunkeld, and the prebend of Fonwort therein (fn. 2) by the death of Maurice Macknabe, the bishop of Dunkeld [not named] made collation and provision thereof by his ordinary authority to the said William, and that in virtue thereof he obtained possession; that upon a dispute arising between him and Alexander de Preston, priest, of the diocese of Aberdeen, who alleged that he had accepted the said canonry and prebend and that provision had been made to him thereof, in virtue of letters granted to him by the present pope, the said parties, in order to aviod litigation and save labour and expense, came to an agreement, namely, that, with the approval of the apostolic see Alexander should be bound to give up all right in or to the canonry and prebend in favour of William, and that a yearly pension should, with William's consent, be reserved to Alexander for life of a third of the fruits etc. The said Alexander having in consequence resigned to the pope this day all the said right, and William's petition adding that he doubts whether the said collation and provision made to him hold good, the pope hereby orders the above three to collate and assign to him the canonry and prebend, value not exceeding 12l. sterling. Litterarum scientia, vite etc. (P. and G. Gonne. | P. xxiiii. Pridie Id. Januarii Anno Secundo. de Varris.) [5 pp.]
3 Id. Nov.
(11 Nov.)
Mantua.
(f. 205d.)
To the bishops of Glasgow and Whiteherne (Candidecase) and the archdeacon of Glasgow. Mandate as below. The recent petition of John Ayton, William Haubiriton (?recte Hauburton) and Robert de Inghelsten, bailies of the place of Hadington in the diocese of St. Andrews and the commonalty (universitatis) thereof, contained that although from time immemorial they have not been bound to pay to the prioress and convent of the Cistercian monastery of the said place, nor to any other, any tithe of the grain and corn (de grano et frumento) which are brought to the mills of that place, and of the flour arising from the multure of the said grain and corn, nevertheless the present prioress and convent, falsely alleging that tithes of the said multure belong to them, brought the said bailies and commonalty before Nicholas de Octembury (or Octemburn, i.e. Otterburn), a canon of Glasgow, appointed by James bishop of St. Andrews as his rural official to take cognizance of causes arising in the said place of which the cognizance belonged to the episcopal court of St. Andrews (fn. 1) ; but that after the said official had proceeded, even to the conclusion of the cause inclusive, the said bishop called it up to himself and committed it to his official-general for further hearing and ending; that the said official proceeding wrongfully promulgated a definitive sentence in favour of the prioress and convent and against the bailies and commonalty, and condemned the latter in the costs, alike of the cause before himself and that before the said rural official, from which sentence the said bailies and commonalty have appealed to the apostolic see, and have petitioned the pope to commit the cause of the appeal and of the principal matter to some upright men of those parts. The pope therefore orders the above three to summon the prioress and convent and others concerned, hear both sides, and decide what is just, without appeal, causing their decision to be observed by ecclesiastical censure. Humilibus supplicum votis. (A. and Jo. Rode. | A. xvi. Concordien.) [2 pp.]
1459[–60].
3 Kal. March.
(28 Feb.)
Siena.
(f. 245.)
To the bishops of Massa (Massan.) and Orvieto and the abbot of St. Columba's de Y, in the diocese of Sodor. Mandate, at the recent petition of Robert Thome, priest, of the diocese of St. Andrews (containing that on the voidance of the rectory of the parish church of St. Congan (Sancti Conigani) de Durynis in the diocese of Sodor, of the patronage of laymen, by the death of Thomas Andree, John bishop of Sodor instituted and made provision to the said Robert, who had been presented by the patron, in virtue of which presentation and institution and provision he obtained and still holds possession, but now doubts whether they hold good) to collate and assign to Robert the said rectory, with cure and value not exceeding 7l. sterling, whether void as above, or by the resignation of the said Thomas or of Donald son of Donald, of the diocese of Sodor, or in any other way. Vite etc. (P. and Ja. de Anagnia. | P. xxii.Quarto Non. Martii Anno Secundo. de Varris.) [3 pp. +.]

Footnotes

1 coram dilecto filio Nicolao de Octembury canonico Glasguen. officiali foraneo ad cognoscendum de causis in dicto loco pro tempore motis quarum cognicio ad curiam cpiscopalem Sanctiandrce pertineret per venerabilem fratrem nostrum Jacobum episcopum Sanctiandree tunc deputato.
2 On the back of the volume is the quite recent description ‘1459, An. ii.Pius ii.’ A flyleaf has the contemporary description: ‘Primus de exhibitis et de provisionibus prelatorum anno secundo domini nostri Pii pape ii,’ and the order ‘R(ecipe) L., P. (i.e. P. de Varris).’ A similar contemporary description occurs also, as usual, on the bottom edge of the volume.
3 Domus Jhesu (written in full) de Bethleem.
4 quod licetet propterea eidem Willelmo, et predictus Thomas ab eodem Marco etiam in legitimo matrimonio genitus ipsis Marco et Willelmo qui successive decesserunt, in bonis hereditariis per eos relictis legitime successissent.
5 ad hoc ut successionem in dictis bonis quondam Wilhelmi huiusmodi qui (recte que) prefatum Thomam indebite occupare minus veraciter dicebat sibi vendicare, et eum ab actione super aliis bonis etiam ex hereditate huiusmodi eidem Thome debitis que ipse Willelmus detinet excludere posset.
6 Nos causam appellationis huiusmodi unacum negocio principali, non obstante quod ipsa causa ad Romanam curiam legitime devoluta seu apud illam de necessitate tractanda et finienda non esset, … Bernardoad instanciam prefati Willelmi superstitis (i.e. William Balze, the claimant) audiendam commisimus.
7 dicto Willelmo supersiste (recte superstite).
8 et prebenda de Fouwort nuncupta medam (recte in eadem).