Lateran Regesta 356: 1437-1438

Calendar of Papal Registers Relating To Great Britain and Ireland: Volume 8, 1427-1447. Originally published by His Majesty's Stationery Office, London, 1909.

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'Lateran Regesta 356: 1437-1438', in Calendar of Papal Registers Relating To Great Britain and Ireland: Volume 8, 1427-1447, (London, 1909) pp. 664-668. British History Online https://www.british-history.ac.uk/cal-papal-registers/brit-ie/vol8/pp664-668 [accessed 25 April 2024]

In this section

Lateran Regesta, Vol. CCCLVI (fn. 1)

De Exhibitis

7 Eugenius IV (cont.)

1437[–8].
Prid. Non. Feb
Ferrara.
(f. 19d.)
To the bishops of Marsi (Marsican.) and Sodor, and the abbot of St. Columba's, Iona (de Hy), in the diocese of Sodor. Mandate, at the recent petition of Ivor (Yuarus) Andree, priest, of the diocese of Sodor—containing that on the voidance by the death of Nigel Celestini of the parish church of St. Molruba in Yle in the said diocese, of the patronage of laymen, bishop Angus made collation and provision thereof to Ivor, who in virtue thereof, the patron consenting, obtained and still holds possession, but now doubts the validity of the said collation and provision—to collate and assign to him the said rectory, still void as above, value not exceeding 8l. sterling; whether it be void as above, or by the resignation of the said Nigel, or in any other way. Vite etc. (An. and Ja. Petri. | An. xx. Nono Kal. Marcii Anno Septimo. de Adria. Correctum Id. Marcii Anno Octavo. An. de Adria.) (fn. 2)
1437[–8].
5 Id. Jan.
Bologna.
(f. 44d.)
To the abbots of Jeduorth and Neubotil, in the dioceses of Glasgow (Glasuen.) and St. Andrews, and the archdeacon of Hainaut in Liége. Mandate as below. The petition of John Hommill, perpetual vicar of Dudyngston in the diocese of St. Andrews, contained that on the voidance of the said vicarage by the death without the Roman court of William Lescman, abbot William and the convent of the Benedictine monastery of Kelsow, in the said diocese, the ancient patrons, presented him to bishop Henry, but that Alexander Hemig (i.e. Hering), priest, of the said diocese, claiming it, opposed and prevented, as he still does, the said presentation from taking effect and John from being instituted, intruding himself and detaining possession, as he still does; and that the present pope at John's instance committed the cause which arose between them, although not lawfully devolved to the Roman court, to Master Peter Corserii, a papal chaplain and auditor, who by a definitive sentence pronounced that the said presentation was canonical, and that it ought to have taken and to take effect, made provision to John, removed Alexander and inducted John, imposing perpetual silence on Alexander and condemning him in the costs. Alexander's appeal to the apostolic see from the said sentence was committed by the pope to Master Geminianus de Prato, a papal chaplain and auditor, who by a definitive sentence confirmed the said sentence of the auditor Peter, and declared Alexander's appeal bad, condemning him in the further costs etc. Alexander's appeal to the said see from the sentence of Geminianus was committed by the pope to Master Francis de Cruilles, a papal chaplain and auditor, who confirmed the said sentence of Geminianus, and declared Alexander's appeal therefrom bad, condemning him in the further costs etc., the said costs being afterwards assessed by Masters Peter, Geminianus and Francis at 40, 16 and 18 florins of gold of the camera respectively. The said petition adding that John fears lest whilst the cause has been pending others have intruded themselves or may do so, the pope orders the above three to execute the aforesaid, inducting John and removing Alexander, causing satisfaction to be made to John in respect of fruits and costs, and moreover to execute these presents against other intruders, as far only as regards giving possession of the vicarage to John, as if the said sentences had been delivered against them, invoking the aid of the secular arm, etc. Exhibita nobis. (An. and Anselmus. | An. xxvi. de Adria.) [See above, p. 618.]
1437.
3 Id. Sept.
Bologna.
(f. 50d.)
To the abbot of Cupar in the diocese of St. Andrews, and the archdeacons of Hainaut in Liége and Moray. Mandate as below. The petition of Thomas de Tullach, dean of Ross, contained that although formerly provision was ordered by papal authority to be made to him of the said deanery, on its voidance by the death without the Roman court of William Fouchar [above, p. 583], nevertheless John Innes, clerk, of the diocese of Moray, wrongfully claiming it, prevented the said mandate from taking effect, intruded himself and unduly detained possession, as he still does; that the present pope committed the cause which arose between them, although not lawfully devolved to the Roman court, first to Master Peter Peregrini, at Thomas's instance, and afterwards, for certain reasons, to Master Robert de Cavalcantibus, papal chaplains and auditors, the latter of whom by a definitive sentence declared that the said mandate was canonical, and that it ought to have taken and to take effect, adjudged and made provision of the said deanery to Thomas, removed John and inducted Thomas, and imposed perpetual silence on John, condemning him in the costs, which he afterwards assessed at 20 florins of gold of the camera. The said petition adding, etc. as in the preceding, mutatis mutandis. Exhibita etc. (An. and Anselmus. | An. xvi. de Adria.) [See also above, p. 650.]
1437[–8].
13 Kal. March.
Ferrara.
(f. 85d.)
To the prior of St. Mary's, Dermach, in the diocese of Meath. Mandate, at the recent petition of M[a]uricius Yheelayn, priest, of the diocese of Kildare (containing that on the voidance of the perpetual vicarage of Rathymgayn in the said diocese by the death of John Oheelayn, the ancient patron, Caluarius Oconchobuyr, lord of Ofalee, presented him to bishop William, who instituted him, in virtue of which presentation and institution he obtained possession, but now doubts whether they hold good), if he find M[a]uricius fit, to collate and assign to him (who was lately dispensed by papal authority, as the son of unmarried parents, to be promoted to all, even holy orders and hold a benefice even with cure) the said vicarage, still void as above, value not exceeding 8 marks sterling. Exhibita etc. (An. and G. de Elten. | An. xx. Quarto Non. Martii Anno Septimo. de Adria.)
Ibid.
(f. 99.)
To the bishops of Aberdeen and Brechin, and the archdeacon of Hainaut in Liége. Mandate as below. The petition of Nicholas de Blare, rector of Dunottir in the diocese of St. Andrews, contained that although collation and provision were made to him by papal authority of the said church on its voidance by the death without the Roman court of Robert Scrymgeour, nevertheless John Monipeni, clerk, of the said diocese, wrongfully claiming it, prevented the said collation and provision from having effect, took possession and still unduly detains it, and that John moreover appealed to the apostolic see on account of the said collation and provision; and that the present pope, at the instance of Nicholas, committed the appeal and the principal matter to Master Laurence de Aretio, a papal chaplain and auditor, who by a definitive sentence declared that the said collation etc. were canonical and that the said church belonged to Nicholas, adjudged it to him, removed John, inducted Nicholas and imposed perpetual silence on John, condemning him in fruits and costs, afterwards assessing the latter at 25 florins of gold of the camera. The said petition adding that etc. as above, f. 44d, mutatis mutandis. Exhibita etc. (An. and Anselmus. | An. xviii. de Adria.)

De Prebendis Vacantibus

1437.
Id. July.
Bologna.
(f. 197.)
To John Legati, canon of Glasgow, licentiate of canon law. Reservation to the pope's gift, for collation to him, who is also M.A., of the canonry and prebend of Croy in Moray, value not exceeding 16l. sterling, about to become void by the terms of the provision ordered this day by the pope to be made to Thomas de Tullach of the parish church of Tanadas in the diocese of St. Andrews. Litterarum etc. [See above, p. 649.]
Concurrent mandate to the archdeacon of Hainaut in Liége, the dean of Dunkeld and the chancellor of Ross. Litterarum etc. (An. and G. de Elten, Ja. Goier. | An. xiii. xv. Sexto Kal. Augusti Anno Septimo. de Adria.)
4 Kal. Sept.
Bologna.
(f. 205d.)
To Alan Borthwic, canon of Glasgow, bachelor of canon law. Reservation to the pope's gift, for collation to him (who is of a race of barons, and to whom the pope has made provision of a canonry with expectation of a prebend and a dignity etc. of Glasgow, and of a benefice with or without cure, even if a dignity etc., in the gift of the bishop and the prior and chapter etc. of St. Andrews), of the canonry and prebend of Dupil in Moray, value not exceeding 10l. sterling, about to become void by the terms of the provision ordered this day by the pope to be made to James Broys of the parish church, void and previously reserved, of Kylmany in the diocese of St. Andrews. Nobilitas generis, litterarum etc.
Concurrent mandate to the bishop of Aberdeen and the archdeacons of Hainaut in Liége and Glasgow. Nobilitas etc. (An. and G. de Elten, Ja. Goyer. | An. xi. xiii. Tercio Non. Septembris Anno Septimo. de Adria.)
Non. May.
Bologna.
(f. 263d.)
To Laurence Pyot, canon of Moray, M.A. Reservation to the pope's gift, for collation to him, of a canonry of Brechin and the prebend called the pensionaria [of Ellon] value not exceeding 8l. sterling, about to become void by the terms of the provision made this day by the pope [above, p. 651] to Duncan de Lychton of the deanery of Brechin, void and previously reserved; notwithstanding that he holds the perpetual vicarage of Kilbarchane in the diocese of Glasgow, value not exceeding 16l. sterling, and the canonries and prebends of Moya in Moray and Buffoder in Dunblane, value together likewise not exceeding 16l., and that the pope lately made provision to him of (i) a canonry and the prebend of Logy in Ross, value not exceeding 16l. [above, p. 605], (ii) of the then void and previously reserved deanery of Ross, a principal (sic) dignity with cure, value not exceeding 30l. [above, p. 610], of which he is not in possession, and about which he is litigating in the apostolic palace, and (iii) of a canonry of Glasgow with reservation of a prebend and a dignity etc., and a benefice with or without cure in the gift of the bishop and the prior and chapter etc. of St. Andrews, even if such benefice were a canonry and prebend or a dignity etc., and dispensed him to hold for life with the said deanery the said vicarage or, if he resigned the latter, simply or for exchange, another benefice with cure or otherwise incompatible, even if a parish church or a like vicarage or a dignity etc., and to resign both, simply or for exchange, as often as he pleased, and hold instead two other incompatible benefices, provided that they were not two major or principal dignities nor two parish churches or perpetual vicarages. Litterarum etc. [See also above, pp. 579, 581.]
Concurrent mandate to the bishop of Moray, the archdeacon of Hainaut in Liége and the official of Aberdeen. Litterarum etc. (Ja. and M. Pinardi, G. de Elten. | Ja. xiiii. xvi. Undecimo Kal. Septembris Anno Septimo. Aprutin.)
15 Kal. Aug.
Bologna.
(f. 266d.)
To the prior of St. John the Evangelist's, Kilkenny. and the archdeacon and precentor of Ossory. Mandate to collate and assign to John Pursell, rector of St. Mary's. Wexford (de Weyffordia), in the diocese of Ferns, the canonry and prebend of St. Mary, Wotyrrathe, in Ossory, value not exceeding 10 marks sterling, which became void and ipso facto reserved by the pope's promotion of William Sylk to the see of Meath [above, p. 521] and by his subsequent consecration, which took place by order of the pope without the Roman court; summoning and removing William Babb, priest, of the diocese of Ossory, who, under pretext of a collation made by the ordinary against the said reservation, has unduly detained possession for more than one year, but less than two; whether they became void as above, or by the resignation of the said bishop William, or in any other way; and notwithstanding that he holds the said parish church, value not exceeding 20 marks. Vite etc. (An. and Ja. de Ugolinis. | An. xxvi. Undecimo Kal. Septembris Anno Septimo. de Adria.)

Footnotes

  • 1. Described on the back of the volume in Italian, as usual: ‘Eugenii IV. 1437. Anno 7. Lib. 93.’ A flyleaf has the contemporary description (which occurs also on the bottom edge of the volume): ‘Primus de Exhibitis, de prebendis racantibus, et dignitatibus racantibus Anno riio domini nostri Eugenii pape iiii’ and ‘R[ubricauit] Daniel de Tries.’ Another flyleaf has the usual modern notes: ‘Vidi pro R. C. A. Hib. Aug. et O.’ and ‘Lib. lxxxxiii. fol 318.’
  • 2. A number of corrections in the margin (most of them being the correction of ecclesia to rectoria) are subscribed: Correctum de mandato domini Morinen, [Cancellariam] Regentis. An. de Adria.