BHO

Lateran Regesta 450: 1448

Pages 397-402

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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Citation:

In this section

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

2 Nicholas V.

De Exhibitis.

1448.
Id. May.
(15 May.)
St. Peter's, Rome.
(f. 21.)
To the abbot of St. Mary's, Ferns, the dean of Ferns and David Odruffyn, canon of the same. Mandate (the pope having been informed by Henry Okyrduban, scholar, of the diocese of Dublin, that John Macdubaill, rector of Insymacolmog (rectius Inysmacolmog) in the said diocese, has dilapidated its goods and publicly kept a concubine) if and after Henry (who is illegitimate, being the son of a priest and an unmarried woman related in the fourth and fourth degrees of kindred, and who on account of the inordinate favours which John has in the city and diocese of Dublin has no hope of obtaining justice therein) has been made a clerk, and has accused John before the above three, to summon John, and if they find the above to be true, to deprive and remove him, and in that event to collate and assign the rectory, value not exceeding 7 marks sterling, to Henry, whom the pope hereby specially dispenses to be promoted to all, even holy orders and receive and hold it. Vite etc. (A. and G. Gonne. | A. xx. Pridie Non. Junii Anno Secundo. de Feletis.) [2½ pp.]
17 Kal. Jan.
(16 Dec.)
St. Peter's, Rome.
(f. 67.)
To the bishop of Dunkeld, the abbot of Inchaffray (Insule Missarum) in the diocese of Dunkeld, and the official of Dunkeld. Mandate, as below. The petition of Archibald Stewaert, layman, executor of the will of the late John Stewaert, rector of Flesle (sic) in the diocese of St. Andrews, contained that Gilbert de Haya, knight, of the said diocese, falsely alleging that the said John was at the time of his death bound to pay him a certain sum of money, caused Archibald to be summoned before John Feldow, doctor of canon law (commissioned by James, bishop of St. Andrews to hear the cause) who by an unjust definitive sentence condemned Archibald to pay, from which he has appealed to the apostolic see. At the said petition (for the commission of the appeal to persons in those parts) the pope hereby orders the above three to summon Gilbert and others concerned, proceed in the appeal cause, and confirm or reverse (infirmare) the said sentence, without appeal. Humilibus supplicum votis. (An. and Anselmus. | An. x. de Adria.) [2 pp.]
1448.
Prid. Kal. Sept.
(31 Aug.)
S. Pudenziana's, (fn. 2)
Rome.
(f. 109.)
To the prior of St. Mary's, Cluantuasgeartomane, in the diocese of Clonfert, and William Ohanceynd and Matthew Osyredean, canons of Clonfert. Mandate, as below. The pope has been informed by Henry de Burgo, clerk, of the diocese of Clonfert, that formerly David de Burgo alias Ocybayn, priest, of the diocese of Kilmacduagh (Duacen.), bargained with Donatus Omuragayd, then rector of Dundaygre in the said diocese of Clonfert, of the patronage of laymen, that if Donatus would resign in favour of David, the latter would pay him a sum of money, after which Donatus resigned before notary public and witnesses, and David paid the sum, thereby incurring the sentences of excommunication etc. for simony; that David, being under the said sentences, caused the said resignation to be admitted by Donatus, abbot of the Augustinian monastery of St. Mary, Abbeygormacan (Via nova) in the diocese of Clonfert, Carbricus Macceagayn. dean of Clonfert, and James Obrogay[n], archdeacon of the same, then John, bishop of Clonfert's vicars-general in spirituals, had himself presented to the said vicars by William de Burgo, layman, of the said diocese of Clonfert, the sole (unicum) patron, and instituted by them, and under pretext of the presentation and institution took possession, and has unduly detained it for more than a year but less than two. Seeing that the presentation and institution are therefore without force, and that the said rectory is still void as above, and has been so long void that by the Lateran statutes its collation has lapsed to the apostolic see, the pope orders the above three, if Henry (who lately, notwithstanding his illegitimacy as the son of a priest and an unmarried woman related in the double fourth degree of kindred, was made a clerk (fn. 3) ) accuses David before them, to summon David, and if they find the above to be true, to declare the said presentation and institution without force and remove David, and in that event to collate and assign the rectory, value not exceeding 12 marks sterling, to Henry, whom the pope hereby specially dispenses on account of the said defect to be promoted to all, even holy orders (fn. 4) and receive and hold it. Vite etc. (An. and B. de Monte. | An. xxii. Quarto Id. Septembris Anno Secundo. de Adria. Correct(a) Quinto Non. Octobris Anno Secundo. de Adria.) [3½ pp.]
3 Kal. June.
(30 May.)
St. Peter's, Rome.
(f. 119d.)
To the abbot of St. Mary's, Clogher, the archdeacon of Clogher and Melanus Machmahema (rectius Machma[c]huna), canon of the same. Mandate, as below. Eugenius IV (upon being informed by Magonius Occonalayd, [now] rector of the parish church of St. Congal, Gabarlyuyn, otherwise commonly called the plebs of Dartrage, in the diocese of Clogher, that the late John Osichygi, rector of the said church, got, as a result of illicit and unlawful bargains and simony, collation and provision made to him by authority of the ordinary of the said rectory, on its becoming void by the resignation of James Magmathama (rectius Magmachuna), which was admitted by the said authority, thereby incurring the sentences etc. against simoniacs; that he was a perjurer and a public fornicator, and had committed divers other crimes and excesses [not here specified]) ordered the abbot of SS. Peter and Paul the Apostles, Armagh and the official of Armagh and a certain other colleague, with the ‘that you or two or one of you’ clause, if and after Magonius accused the said John before them etc., to summon John, and if they found the above, or one of them sufficient for the purpose, to be true, to decree the said collation and provision (under pretext of which John had obtained possession) null and void, deprive and remove John, and in that event to collate and assign the rectory to Magonius [Cal. Lett. IX, p. 194]. Subsequently, as the recent petition of Magonius to the present pope contained, Cristinus Olucheren, official of Armagh and Arthur Michbatmel (rectius Michathmel i.e. Macathmail), a canon of Armagh, the latter of whom John, abbot of the said monastery had commissioned to act in his stead, found, after Magonius had made the said accusation etc., the above to be true, and by a definitive sentence, which became a res judicata, deprived and removed John, and collated and assigned the church to Magonius. At the said petition (adding that inasmuch as, after he had in virtue of the said collation and assignment held peaceable possession of the church for some time, he, in order that the said John should desist from certain molestations, assigned to him a certain parcel of the fruits, to be taken by the said John for life, of the said church or plebs, wherefore he fears lest he has committed simony and incurred the said sentences etc., and lest he may be molested in future on account both of the aforesaid and also of perjury and fornication, and other excesses and crimes which he may have committed) the pope hereby orders the above three to absolve him from any sentences etc. which he may have incurred on account of the aforesaid, and also, as far only as regards the taking effect of these presents, from all other sentences etc. which he may have incurred, and from such perjury and fornication and other crimes and excesses, enjoining penance, dispense him on account of any irregularity contracted, and rehabilitate him. In the event of their making such absolution, dispensation and rehabilitation, the pope hereby grants that the said letters and the said collation and assignment, and their consequences shall hold good from the date of these presents, even if the said church, value not exceeding 20 marks sterling, be void as above, or in any other way. Vite etc. (A. and F. de Laude. | A. xx. Pridie Non. Julii Anno Secundo. de Feletis.) [2¾ pp.]
3 Non. Aug.
(3 Aug.)
St. Peter's, Rome.
(f. 131d.)
To the bishop of Dunblane. Mandate, at the recent petition of George [no surname], rector of Krechton in the diocese of St. Andrews, containing that on the voidance of a canonry of the church of St. Mary and the prebend of Strabroc therein, in the said diocese, of the patronage of laymen, by the death of John de Brochuik (rectius Borchuik, i.e. Borthuik), Alexander de Suthy[r]land of Duffous, donsel, of the said diocese, the patron, presented the said George to James, bishop of St. Andrews, who instituted him, in virtue of which presentation and institution he obtained possession; and adding that he now doubts whether they hold good) to collate and assign the said canonry and prebend, value not exceeding 30l. sterling, still void as above, to the said George, who is a priest, if found fit; notwithstanding that he holds the said church, value not exceeding 25l. sterling. Dignum etc. (An. and B. de Monte. | An. xxiiii. Sextodecimo Kal. Septembris Anno Secundo. de Adria.) [3½ pp.]
4 Non. Sept.
(2 Sept.)
S. Pudenziana's, (fn. 5)
Rome.
(f. 133.)
To the bishop of Lismore, and the dean and archdeacon of Waterford, Mandate, at the recent petition of John, abbot of the Cistercian monastery of St. Mary, Dunbrody (de Portu), in the diocese of Ferns (containing that formerly John, abbot of St. Mary's without the walls of Dublin, of the said order, the father-abbot of St. Mary de Portu, without reasonable cause excommunicated him, and ordered and caused him to be publicly proclaimed excommunicate and imprisoned and kept in prison for some time etc.; wherefore he has appealed to the apostolic see, and has petitioned the pope to commit the cause of the appeal and of the principal matter to persons in those parts, and to order him to be absolved ad cautelam from the said sentence) to summon the said father-abbot and others concerned, and to absolve the said abbot, under condition [expressed], from the said sentence, hear both sides, and decide what is just, without appeal, causing their decision to be observed by ecclesiastical censure. Humilibus supplicum votis. (An. and Ja. Goier. | An. xii. de Adria.) [1¾ pp.]
13 Kal. June.
(20 May.)
St. Peter's, Rome.
(f. 155.)
To the abbot of St. Mary's, Ferns, the treasurer of Ferns and David Odruffyn, canon of Ferns. Mandate, as below. The recent petition of Gerald Ofortyerd (or Ofortyend), priest, of the diocese of Ferns, contained that after he was (by Henry Hertman, canon of Dublin, sub-collector of the papal camera in the city and diocese of Ferns, who had sufficient faculty for the purpose from the apostolic see) dispensed on account of illegitimacy, as the son of unmarried parents, to be promoted to all, even holy orders and hold a benefice even with cure, he obtained, collated to him by authority of the ordinary, the rectory of Bayllenacurte in the said diocese, of the patronage of laymen, (then void because Robert Edward, sometime rector, having obtained it by canonical collation, had held possession for more than a year without having himself ordained priest); and that (even after, hesitating about the said dispensation, he had had himself similarly dispensed by papal authority) he held it for about four years without having himself ordained priest, taking the fruits of the rectory till he resigned it. Seeing that the rectory is still void as above, and has been so long void that by the Lateran statutes its collation has lapsed to the apostolic see, although Maurice Macdubaill has, under pretext of a collation and provision made to him by authority of the ordinary after the said lapse, unduly detained possession for about two years, the pope, hereby absolving Gerald from all sentences of excommunication etc. as far only as regards the taking effect of these presents, and rehabilitating him, orders the above three to collate and assign to him the rectory, value not exceeding 8 marks sterling, summoning and removing the said Maurice and any other. He is hereby specially dispensed on account of the said defect to receive and hold it. Vite etc. (A. and F. de Laude. | A. xxiiii. Pridie Non. Junii Anno Secundo. de Feletis.) [3⅓ pp.]
8 Kal. June.
(25 May.)
St. Peter's, Rome.
(f. 183.)
To John Albyston, priest, of the diocese of Worcester. Rehabilitation on account of his self-mutilation, (fn. 6) which he now regrets, with dispensation to minister in his orders. Votis fidelium. (A. and G. de Elten. | A. xvi. de Feletis.)
Id. May.
(15 May.)
St. Peter's, Rome.
(f. 191d.)
To the precentor (cantori) of Moray. Mandate, at the recent petition of John Gren, priest, of the diocese of Moray, M.A. (containing that formerly he and John Moderoch resigned for purpose of exchange their respective benefices, namely the perpetual vicarage of Abirloue (rectius Abirlour) in the said diocese and the chancellorship of Moray to John, bishop of Moray, who carried out the exchange, in virtue of whose collation and provision he obtained and at present holds possession of the chancellorship; and adding that it is alleged that at the time of the said collation and provision bishop John was excommunicate and proclaimed excommunicate) to collate and assign to him the chancellorship, still void as above, a non-major non-elective dignity with cure, value not exceeding 30l. of old sterlings; whether it be so void, or by the free resignation of the said John Moderoch, or in any other way. Dignum etc. (An. and Nazarius. | An. xx. Quarto Non. Julii Anno Secundo. de Adria.) [3 pp.]
5 Kal. May.
(27 April.)
St. Peter's, Rome.
(f. 219d.)
To the bishops of St. Andrews and Ross, and the dean of Moray. Mandate, as below. Boniface VIII decreed by a constitution of perpetual validity that bishops and other superior prelates who should be promoted, or be confirmed, consecrated or blessed at the apostolic see should not go to their churches or receive the administration of the goods thereof, without the letters of the said see containing their said promotion, confirmation, consecration or blessing, and that if they did so, their acts should be held null. At the recent petition of William, bishop of Caithness (containing that the late John Innes, sometime elect of Caithness, was promoted to that church by Eugenius IV and that, without having had the papal letters in that matter, he occupied himself with the rule and administration and granted lands, houses, possessions, fruits, rents, cesses, emoluments and many other goods belonging to the episcopal mensa to clerks and laymen, to some for life, to certain of them for a long time, on lease or by divers other titles, and to some to farm in perpetuity or under a yearly cess, or otherwise alienated them by title of alleged donation, bond or sale, some of whom are said to have obtained letters of confirmation from the apostolic see) the pope hereby orders the above three, if they find the facts to be as stated, to decree the nullity of the said grants and donations and their consequences, and to revoke to the right and ownership of the said mensa such of its goods as they find to have been unlawfully alienated by such donations or bonds, invoking if need be the aid of the secular arm. Humilibus supplicum votis. ([An.] (fn. 7) and Anselmus. | An. xxii. de Adria.) [1½ pp.]

Footnotes

  • 1. On the back of the volume is the usual modern label, in Italian: ‘Nicolò V. 1448. Anno 2°. Lib.’ (the number of the ‘Libro’ being thus left blank). There is no contemporary flyleaf, but on the bottom edge of the volume is the usual contemporary description: ‘Primus de exhibitis anno secundo domini nostri Nicolay pape Vti.’ The text comprises ff. 1–308.
  • 2. ‘Sanctum Petrum’ is cancelled and over-written ‘A(ntoniu)s.’ ‘Sanctam Potentianam’ being substituted in the margin by An(tonius) [de Adria].
  • 3. Corrected by An. de Adria from ‘was dispensed by authority of the ordinary on account of illegitimacy (as above) to be promoted to all minor orders, and was thereafter made a clerk.’
  • 4. The words ‘ad omnes etiam sacros ordines promoveri et’ are added in the margin by An. de Adria, with the note: ‘Correct(um) ut supra (i.e. de mandato domini R. Wlteran. [i.e. Vulteran.] locumtenentis), An. [de Adria.]’
  • 5. Corrected as above, f. 109.
  • 6. Cum itaque, sicut exhibita nobis nuper pro parte tua peticio continebat, tu alias ad reprimendum et extinguendum libidinis estum qui in te continuo excresit (? rectius excrescit or escrescebat), ex quadam simplicitate tua virilia propriis manibus amputaveris, et sicut eadem peticio subiungebat tu de premissis plurimum dolens
  • 7. Omitted in the margin.