Lateran Regesta 676: 1469

Calendar of Papal Registers Relating To Great Britain and Ireland: Volume 12, 1458-1471. Originally published by His Majesty's Stationery Office, London, 1933.

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'Lateran Regesta 676: 1469', in Calendar of Papal Registers Relating To Great Britain and Ireland: Volume 12, 1458-1471, (London, 1933) pp. 674-680. British History Online https://www.british-history.ac.uk/cal-papal-registers/brit-ie/vol12/pp674-680 [accessed 19 April 2024]

In this section

Lateran Regesta, Vol. DCLXXVI. (fn. 1)

5 Paul II.

De Regularibus.

1468[–9].
12 Kal. Feb.
(21 Jan.)
St. Peter's, Rome.
(f. 15.)
To Walter, abbot of Driburgh, O. Prem., in the diocese of St. Andrews. Faculty for life to excommunicate even by name, in cases of manifest injuries and offences only, after three canonical monitions, and publicly to proclaim excommunicate and to be strictly avoided by all the faithful, all who commit theft, rapine, murder or arson in the said monastery, or who carry off its goods situate in granges or other places and belonging to it in any way, or doing violence to its canons or servants; and the aiders and abettors thereof. Sincere devocionis affectus. (Hug. and M. Amici. | Hug. xxv. prothon. Bisuntin.) [1 p.]
1469.
4 Kal. June.
(29 May.)
St. Peter's, Rome.
(f. 27.)
To Alexander Spens, prior of Monismuk (recte Monimusk), O.S.A., in the diocese of Aberdeen. Collation and provision, as below. The said Alexander's recent petition contained that on the said priory, which is conventual, becoming void by the death of David Hay, after the pope's reservation of all conventual priories, void and to be void, the convent unanimously elected him, a canon of the said priory, in priest's orders, that he consented to the said election and had it confirmed by authority of the ordinary, and that under pretext of the said election and confirmation he obtained possession, without, however, receiving any of the fruits. The said election and confirmation being therefore without force, and the priory being still void and reserved, as above, the pope hereby, at the petition also of James, king of Scots, makes collation and provision of the said priory, which is elective and has cure, and the value of which does not exceed 55l. sterling, to the said Alexander. Religionis zelus, vite etc.
Concurrent mandate of the bishop of Glasgow, the abbot of Paisley in the diocese of Glasgow, and the dean of Reims.Hodie dilecto filio. (fn. 2) (P. and A. de Cortesiis, P. de Godis. |P. xvi. xiiii. Quarto Id. Junii Anno Quinto. de Varris.) [3½ pp.]
8 Id. June.
(6 June.)
St. Peter's, Rome.
(f. 43.)
To John Smaw (fn. 3) alias Hereford, a monk of the church of Worcester, O.S.B. Dispensation to receive and retain [for life] a benefice with cure wont to be governed by secular clerks, even if it be a parish church or its perpetual vicarage, or a chantry, a free chapel, an annual service or a hospital, and to resign it, simply or for exchange, as often as he pleases. Religionis etc. (Hug. and A. de Montia. | Hug.xxx. prothon. Bisuntin.) [1½ pp.]
10 Kal. May.
(22 April.)
St. Peter's, Rome.
(f. 88.)
To the bishop of Clogher (Clochoren.), the abbot of St. Mary's, Lysgabayl, in the diocese of Clogher, and Philip Magmathima (recte Magmachuna), a canon of Clogher. Mandate to cause Peter Omolugyr, (fn. 4) clerk, of Clogher, to be received as a canon of the monastery of St. Mary, Clogher, O.S.A., and the regular habit to be given to him, and to receive his profession. Cupientibus vitam. (N. and A. de Montia. | N. xvi. de Bonaparte.) [1½ pp.]
Ibid.
(f. 89.)
To the bishop of Clogher. Mandate (the pope having been informed by Peter Omolugir, [clerk,] of Clogher, that Patrick, (fn. 5) abbot of the monastery of St. Mary, Clogher, O.S.A., an open fornicator, after having been monished, (fn. 6) suspended and finally excommunicated and publicly proclaimed excommunicate by authority of the ordinary, has celebrated masses and other divine offices, in contempt of the Keys, thereby contracting irregularity) if the said Peter (who was lately dispensed by papal authority on account of illegitimacy, as the son of a priest and an unmarried woman, to be promoted to all, even holy orders and hold a benefice even with cure, after which he was made a clerk, and whom the pope has this day ordered to be received as a canon of the said monastery, etc., as in the preceding, and to whom the pope has by other letters granted the perpetual vicarage of the parish church of Achadbeychy in the diocese of Clogher, value not exceeding 3 marks sterling, to be held by him in commendam for life with the said monastery, in the event of provision of the latter being made to him in virtue of these presents) will accuse the said Patrick before the above bishop, to summon Patrick and others concerned, and if he find the foregoing to be true, to deprive and remove Patrick, and in that event to make provision to the said Peter of the said monastery, value not exceeding 10 marks sterling, after he has received the habit and made his profession. The bishop is furthermore to bless him, or cause him to be blessed by another catholic bishop in communion with the apostolic see, and the pope hereby specially dispenses him to rule the said monastery, etc., notwithstanding the said defect, etc. Summi dispositione rectoris. (N. and A.de Cortesiis. | N. xxx. de Bonaparte.) [3⅓ pp.]
4 Non. July.
(4 July.)
St. Peter's, Rome.
(f. 160.)
To John Lincoln, a canon of the house or priory of Semppynghan [sic], of the order of St. Gilbert de Semppyngham, in the diocese of Lincoln. Dispensation to receive and retain for life a benefice with cure … vicarage (as above, f. 43), or a chantry, free chapel or hospital, or a benefice called an annual service, even if it be of lay patronage, and to resign … pleases (as ibid.). Religionis etc. (N. and M. Amici. | N. xxx. de Bonaparte.) [1 p.]
5 Id. June.
(9 June.)
St. Mark's, Rome.
(f. 195.)
To the abbots of Stradfort [sic], [St. Mary's] Graces (de Gratiis), and Woburne (de Wobornia), in the dioceses of London and Lincoln. Mandate, as below. The recent petition of William, abbot of St. Mary's, Bucland, O. Cist., in the diocese of Exeter, contained that John, abbot of Quarr in the Isle of Wight, of the said Order, in the diocese of Winchester, the father abbot of Bucland, by his ordinary authority deprived for his demerits, in accordance with ancient custom, Thomas Oliver, abbot of the said monastery of Bucland, and made provision of it, value not exceeding 40 marks of silver, to the said William, then prior of the same; that the said Thomas falsely alleged the said deprivation and provision to have been unjust; that they were confirmed, however, by a definitive sentence, which became a res judicata, in the chapter-general of the Order at Cîteaux; that the said William, in virtue of the foregoing, obtained possession of the rule and administration, and had exercised it for some time, when the said Thomas and certain lay accomplices seized the said William and certain monks of the monastery, his adherents, by force of arms and not without violence, and imprisoned them, and have kept them in prison for several months, whilst he himself, with the support of the power of the said laymen, has behaved as de facto abbot, and has miserably dilapidated the monastery's treasures and goods; that although the said Thomas and laymen had incurred sentences of excommunication etc., and had been publicly proclaimed excommunicate, nevertheless he (the said Thomas), without mentioning the foregoing, falsely alleged to the pope, inter alia, that the said abbot of Quarr and the present abbot of Woburne, of the said Order, in the diocese of Lincoln, who had no jurisdiction over him, had by their definitive sentence decreed that he (ipsum Wilhelmum, recte Thomam) had no right in or to the said monastery, that he had intruded himself without a title, at least a canonical one, and that the rule and administration belonged to William, and ordered the said William to be inducted into possession of the said rule and administration, promulgated divers sentences of excommunication etc. against contradictors, caused the said Thomas to be publicly proclaimed excommunicate because he did not obey their said proceedings, and despoiled him of the said rule and administration; that after the said William had intruded himself therein, the said Thomas appealed to the apostolic see, and obtained papal letters in the matter of the said appeal, addressed to the bishop of Exeter and the abbots of Ford (de Forda) and Cleeve (de Cliva) in the dioceses of Exeter and Wells, their own names not being expressed; and that under pretext thereof the said Thomas caused abbot William to be summoned before John, bishop of Exeter, who absolved the said Thomas from the said sentences of excommunication, etc., wherefore the said William and the whole Cistercian Order have appealed to the said see, and have petitioned the pope to order the said authors of sacrilege to be publicly proclaimed excommunicate, and to grant a commission for the hearing in England of the later appeal cause and that of the principal matter. The pope therefore orders the above three abbots, if they find true what is stated in regard to the said violence and imprisonment, publicly to proclaim the said authors of sacrilege to be excommunicate, and cause them to be strictly avoided by all men, without appeal, until they give satisfaction, and until the said Thomas obtains absolution, and the said laymen come to the said see for absolution, with letters testimonial from the said three abbots. For the rest, moreover, (fn. 7) they are to summon the said Thomas and others concerned, hear both sides, taking cognizance of the principal matter also, 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.xvi. de Varris.) [3⅓ pp.]
Id. June.
(13 June.)
St. Peter's, Rome.
(f. 200d.)
To John Benynghom, a monk of Meaux (Melsa), O. Cist., in the diocese of York. Dispensation to receive and retain for life a benefice with cure … vicarage (as above, f. 43), or a chantry, annual service, free chapel, or a hospital wont to be assigned to the said secular clerks as a title of a perpetual benefice, and to resign it …. pleases (as ibid.).Religionis etc. (P. and Jo. de Millinis. | P. xxx. de Varris.) [1 p.]

De Exhibitis.

1469.
7 Kal. June.
(26 May.)
St. Peter's, Rome.
(f. 266d.)
To the priors of Ballinskelligs (de Rupe Sancti Michaelis) and Inyscathlinn, in the diocese of Ardfert, and Dermit Osullivayn, a canon of Ardfert. Mandate, as below. The pope has been informed by Thady Ohyrella, priest, of the diocese of Ardfert, that David Fissmoris, rector of the parish church of Balehedirsgeoil, with the annexed chapel of Leac, in the said diocese, has led a very dissolute life, and has dilapidated and converted to his own evil uses many of the goods of the said church, is a notorious fornicator, and is not sufficient in learning to exercise the cure and rule of the said church, to the shame of the priestly dignity. The pope therefore hereby orders the above three, if the said Thady will accuse the said David before them, to summon David and others concerned, and if they find the foregoing to be true, to deprive and remove David, and in that event to collate and assign the said church, which is of lay patronage and whose value, with that of the said annexed chapel, does not exceed 10 marks sterling to Thady, provided that the patrons consent. Vite etc. (N. and P. de Godis. | N. xv. Expedita Nono Kalendas Julii Anno Quinto. de Bonaparte.) [2¾ pp.]
15 Kal. Aug.
(18 July.)
St. Peter's, Rome.
(f. 283.)
To the archdeacon of the cathedral (maioris) church, and the provost of St. Mary's church, at St. Andrews, and the dean of Dunkeld. Mandate, as below. The recent petition of Henry Malwel, nobleman, lord of the place de Carnbe in the diocese of St. Andrews, contained that Nigel Cuny[n]gam, layman, and Agnes Melwel, mulier, his wife, of the said diocese, falsely alleging that he owed them certain sums of money on account of the dowry of the said Agnes, brought him before the official of St. Andrews, who, unjustly proceeding, promulgated an unjust definitive sentence in favour of the said man and wife and against Henry, and condemned him in costs, from which sentence he appealed to the apostolic see, and obtained papal letters addressed to the abbots of Kelso (de Calco), Newbotil and Dryburgh, in the said diocese, their own names not being expressed, with the clause ‘quod si non omnes,’ after which, whilst the present abbots of Kelso and Dryburgh lawfully excused themselves, the abbot of Newbotil, falsely alleging the said appeal to have been abandoned, (fn. 8) refused to proceed to execution of the said letters, wherefore the said Henry has appealed to the said see. At the petition of Henry, who alleges that he was prevented by a lawful impediment from prosecuting the said earlier appeal, the pope hereby orders the above three to summon the said man and wife and others concerned, and if they find true what is alleged about the said impediment, to confirm or quash (fn. 9) the said sentence, without appeal. Humilibus supplicum votis. (Hug. and A. de Cortesiis. | Hug. xiiii. prothon.Bisuntin.) [2 pp.]

Footnotes

  • 1. On the back of the volume is the usual modern description in Latin: 1468–69. An. v. Pauli ii. A contemporary end-paper has the contemporary description: Tertius de Regularibus et de Exhibitis anno vto domini nostri domini Pauli pape ii, the order ‘R(ecipe) L., P.,’ and the answering ‘Rubricatus est,’ as well as Mgr. Wenzel's ‘An. v. to. 14.’ A like contemporary description occurs also, as usual, on the bottom edge of the volume. There are ff. i.—cccxxxiiii. of text.
  • 2. Here with the spelling ‘Monysmuk.’
  • 3. Probably for ‘Small.’ Not clearly written.
  • 4. The last letter is here rudimentary, but it is clear on f. 89.
  • 5. ’Petrus’ is cancelled by ‘N.,’ and ‘Patritius’ substituted by him in the margin.
  • 6. ’motus,’ evidently an undetected slip for ‘monitus.’
  • 7. Exhibita siquidem nobis nuper pro parte dilecti filii Wilhelmi abbatis monasterii beate Marie de Bucland Cisterciensis ordinis Exoniensis diocesis petitio continebat quod olim, postquam dilectus filius Johannes abbas monasterii de Quarera in insula Vecta dicti ordinis Wintoniensis diocesis, pater abbas eiusdem monasterii de Bucland, cum ad abbatem dicti monasterii de Quarera pro tempore existentem privatio abbatis ipsius monasterii de Blucland [sic] et illius dum vacat provisio cessantibus reservationibus apostolicis de antiqua et approbata hactenusque pacifice observata consuetudine pertineant, dilectum filium Thomam Oliver tunc abbatem dicti monasterii de Bucland, suis exigentibus demeritis et propterea ad eius presentiam legitime evocatum, regimine et administratione ipsius monasterii de Bucland cui tunc preerat ordinaria auctoritate privaverat (the foregoing three words are added in the margin by ‘P.’), ac eidem monasterio de Bucland, cuius fructus redditus et proventus (the foregoing two words are similarly added) quadraginta marcharum argenti secundum communem extimationem valorem annuum non excedunt, de persona dicti Wilhelmi tunc ipsius monasterii de Bucland prioris eadem auctoritate providerat, ac dictus Thomas privationi et provisioni huiusmodi, illas iniquas fore (‘fore’ is similarly added) falso asserens, se opposuerat, ipseque privatio et provisio in capitulo generali dicti ordinis postea in monasterio Cisterciensi eiusdem ordinis Cabilonensis diocesis celebrato per diffinitivam sententiam, que nulla provocatione suspensa in rem transivit iudicatam, approbate et confirmate fuerant, ac idem Wilhelmus premissorum vigore possessionem regiminis et administrationis bonorum eiusdem monasterii de Bucland assecutus illud aliquamdiu rexerat et gubernaverat, prout tunc regebat et gubernabat, dictus Thomas et quidam laici eum associantes et sui in ea parte complices [f. 195d] ipsum Wilhelmum et quosdam monachos dicti monasterii de Bucland sibi adherentes manu armata non absque iniectione manuum in eos, dei timore postposito, ausu sacrilego temere violenta capientes, eos diris carceribus mancuparunt et inibi per plures menses manucaptos detinuerunt, ipseque Thomas predictorum laicorum potentia suffultus pro abbate dicti monasterii de Bucland de facto se gerens illius bona et iocalia miserabiliter dilapidavit, et licet Thomas ac laici predicti excommunicationis et alias sententias censuras et penas a iure et etiam per statuta dicti ordinis in tales promulgatas incurrissent et ut tales publice nuntiati fuissent, tamen dictus Thomas, tacito de premissis, inter alia nobis falso suggerens quod ipse abbas de Quarera et modernus abbas monasterii de Woburne, ordinis et Lincolniensis (obscured by correction) diocesis predictorum, qui in eum (similarly obscured) nullam habebant [sic] jurisdictionem ordinariam seu etiam delegatam, ipsum Wilhelmum, ad hoc non vocatum nec citatum saltem legitime, nullum in prefato monasterio de Bucland seu ad illum ius habere, seque in illo absque titulo saltem canonico intrusisse, ac regimen et administrationem ipsius monasterii de Bucland ad dictum Wilhelmum de iure spectare et pertinere per suam diffinitivam sententiam declarassent, ac deinde ipsum Wilhelmum in possessionem regiminis et administrationis predictorum induci mandassent, in contradictores diversas suis processibus excommunicationis et alias sententias censuras et penas promulgando, et subsequenter dictum Thomam, pro eo quod processibus huiusmodi non paruerat, fecissent excommunicatum publice nuntiari, ipsumque Thomam regimine et administratione huiusmodi de facto spoliassent, ac idem Wilhelmus in eis se intrusisset, de facto et temere attemptando, prefatus Thomas propterea ad sedem apostolicam appellasset, super appellatione huiusmodi apostolicas ad episcopum Exoniensem et de Forda ac de Cliva Exoniensis [f. 196r] et Wellensis diocesum monasteriorum abbates, eorum propriis nominibus non expressis, sub certa forma litteras impetravit, illarumque pretextu fecit dictum Wilhelmum abbatem coram venerabili fratre nostro Johanne episcopo Exoniensi ad iudicium evocari, ipseque Johannes episcopus in causa huiusmodi procedens dictum Thomam ab excommunicationis et aliis sententiis censuris et penis quibus ut prefertur innodatus existebat de facto absolvit, unde pro parte Wilhelmi abbatis et totius ordinis predictorum, pro suo interesse sentientium ex hoc indebite se gravari, fuit ad sedem apostolicam appellatum, et deinde nobis humiliter supplicatum ut dictos sacrilegos excommunicatos publice nuntiari mandare, necnon appellationis posterioris huiusmodi et negotii principalis causas aliquibus probis viris in partibus illis committere, aliasque eis in premissis oportune providere de benignitate apostolica dignaremur. Nos itaque huiusmodi supplicationibus inclinati discretioni vestre per apostolica scripta mandamus quatenus, si et postquam de manuum iniectione et incarceratione huiusmodi vobis legitime constiterit, dictos sacrilegos tandiu appellatione remota excommunicatos publice nuntieris et faciatis ab omnibus arctius evitari, donec super hiis satisfecerint competenter, ipseque Thomas debite super hoc beneficium absolutionis assequetur, et dicti laici cum vestrarum testimonio (? recte testimonialium) litterarum venerint ad sedem antedictam absolvendi. Super aliis vero
  • 8. desertam fore.
  • 9. confirmare aut infirmare.