Lateran Regesta 469: 1451

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 469: 1451', in Calendar of Papal Registers Relating To Great Britain and Ireland: Volume 10, 1447-1455, (London, 1915) pp. 532-537. British History Online https://www.british-history.ac.uk/cal-papal-registers/brit-ie/vol10/pp532-537 [accessed 19 April 2024]

In this section

Lateran Regesta, Vol. CCCCLXIXF (fn. 1)

5 Nicholas V.

De Diversis Formis.

1451.
4 Id. June.
(10 June.)
St. Peter's, Rome.
(f. 10.)
To the archbishop of York. Mandate to dispense William Brund, layman, and Margaret Gallay, of his diocese, to marry notwithstanding that they are related in the third and third degrees of affinity. Oblate nobis. (A. and H. Masheim. | A. xvi. de Feletis.) [½ p.]
6 Kal. July.
(26 June.)
St. Peter's, Rome.
(f. 15d.)
To Robert Burgh, clerk, of the diocese of York, Dispensation, at his recent petition (containing that formerly, without having obtained any dispensation on account of illegitimacy as the son of a married man and an unmarried woman, he, in virtue of letters dimissory granted to him by John archbishop of York, was made a clerk by Thomas sometime bishop of Hereford) to act as a clerk, and be promoted to all, even holy orders and receive and retain two compatible benefices with or without cure, even if canonries and prebends, and to resign them, simply or for exchange, as often as he pleases. Vite etc. (A. and H.Masheim. | A. xx. de Feletis.) [1 p.]
11 Kal. Aug.
(22 July.)
St. Peter's, Rome.
(f. 41.)
To the bishop of Winchester. Mandate, at the petition of John Warner, layman, and Denise (Dionisia) Fynch, of the dioceses of Rochester and Winchester (containing that formerly, aware that they were related in the third and fourth degrees of affinity, they were dispensed to marry, by papal authority, by Vincent Clement, canon and provost of Valencia, S.T.M., a subdeacon of the pope and nuncio and collector in England, who alleged that he had sufficient faculty from the present pope for the purpose; that in virtue thereof they contracted marriage, solemnised it before the church and consummated it, and that they now feel a scruple because the said Vincent had faculty to dispense twelve persons only) to dispense them, notwithstanding the said impediment of affinity, to contract marriage [anew] and remain therein, proclaiming offspring born, if any, and that to be born of the marriage legitimate. Cunctorum fidelium. (A. and Ja. de Vicencia. | A. xviii. de Feletis.) [1 p.]
6 Kal. April.
(27 March.)
St. Peter's, Rome.
(f. 61d.)
To John Forbes, layman, of the diocese of Aberdeen. Grant etc. as below. Martin V (on its being set forth to him on behalf of the said John and the late Mariota de Preston, relict of Alexander de Cheshome, layman, of the diocese of Aberdeen, that he and she, in order to assuage grave discords which had arisen between their kinsmen and friends and the slaughter of many of them etc., desired to marry) ordered the bishop of Aberdeen to dispense them, notwithstanding the impediment of the second degree of affinity arising from the fact that John and Alexander had been related in the second degree of kindred, to contract marriage and remain therein, and to proclaim legitimate the offspring to be born thereof. At John's recent petition (containing that the late Henry bishop of Aberdeen granted the said dispensation, and that in virtue thereof they contracted marriage per verba legitime de presenti, consummated it and had offspring; and adding that before the said dispensation they had committed fornication together several times and had offspring, of which by inadvertence or error no mention was made in the said letters [of Martin V], wherefore John fears lest the said offspring previously born be deemed to be still illegitimate) the pope grants and decrees that the said letters and dispensation and their consequences shall hold good from the date of these presents, and that the said offspring shall be deemed legitimate, as if it had been expressed in the said letters that John and Mariota had committed fornication and had had the said offspring, and as if the said offspring had been legitimated in virtue of the said dispensation. Humilibus supplicum votis. (A. and G. Gonne. | A. xvi. de Feletis.) [2 pp.]
6 Kal. June.
(27 May.)
St. Peter's, Rome.
(f. 76.)
To Robert Longe, subdeacon, of the diocese of York. Dispensation (dispensamus) to him, who is a member of the confraternity of the hospital of St. Leonard in the diocese of York, and in his twentieth year, to be, after he has reached his twenty-third year, promoted to the priesthood and minister therein. Vite ac morum. (A. and Ja. de Vicencia. | A. xviii. de Feletis.) [½ p.]
6 Id. June.
(8 June.)
St. Peter's, Rome.
(f. 76.)
To William Esyngwald, clerk, of the diocese of York. The like to him, who is in his twentieth year. Vite … [½ p.], as in the preceding.
1451.
Non. June.
(5 June.)
St. Peter's, Rome.
(f. 76d.)
To William Browe, clerk, of the diocese of Coventry and Lichfield. Indult (indulgemus) to him, who has the tonsure only, to be, after he has reached his twenty-third year, promoted by any catholic bishop at the statutory times to all holy orders. Meritis tue devotionis. (A. and W. de Gouda. | A. xvi. de Feletis.) [½ p.]
Prid. Non. May.
(6 May.)
St. Peter's, Rome.
(f. 147d.)
To the abbot of Holyrood, Edenburch, in the diocese of St. Andrews. Mandate—Andrew Boure, priest, of the diocese of Glasgow, having recently resigned to the pope, by Robert Cadii (i.e. Cady), rector of Line in the said diocese, substituted as proctor for the purpose by Andrew's proctor John Iunge, priest, of the same diocese, his perpetual vicarage of Stoboo in the said diocese, and the pope having admitted it and made provision of the vicarage, thus void, to John Jacobi alias Juvenis, now perpetual vicar of the said church, M.A.; and the recent petition of the said Andrew containing that he, who is a septuagenarian and broken with age, has no means of sustenance, and that by the inadvertence of the agents (solicitatorum), before the said resignation was made a reservation of a pension on the fruits [etc.] of the said church was not asked for, as Andrew expected—if the facts be as stated, to reserve to Andrew for life a yearly pension of a third of the fruits etc. of the said vicarage, whose value does not exceed 15l. sterling, provided that the said John Jacobi consents, to be paid by him and his successors, under penalties. Vite etc. (T. and A. de Cortesiis. | T. xx. de Tervisio.) [1½ pp.]
3 Id. July.
(13 July.)
St. Peter's, Rome.
(f. 214d.)
To William Parys, rector of the chapel called the chantry of Cronchon in the diocese of Canterbury. Indult to him (who is a priest, there being in those parts a number of commendations or pious devotions called annuals or stipends, which are given by the faithful for a time to fit priests on account of souls (fn. 2); and who holds the said chapel called a chantry without cure) to receive from the said faithful and to retain, as long and as often as he pleases, commendations and devotions which have been wont to be given for a time as above (fn. 3); notwithstanding the foundation [statutes] of the said chapel etc. Justis et honestis. (T. and H. Masheim. | T. xviii. de Tervisio.) [½ p.]
Ibid.
(f. 216.)
To Henry Groute, a married clerk, of the diocese of Norwich. Indult to him (who is married to a widow, and who before the said marriage faithfully and diligently exercised the office of a notary public, granted to him by papal authority) to continue to exercise the said office, and to be a scribe of judgments and registrar thereof and keeper of registers, and that recourse may be had to him, when needful, in all contracts and ecclesiastical business and other things belonging to the said office (fn. 4), as if he had not contracted the said marriage; notwithstanding the constitutions of the province of Canterbury, in which the exercise of the office of notary public in ecclesiastical causes is prohibited to married clergy, and other constitutions etc.Sincere devotionis affectus. (P. and P. Philippron. | P.xvi. de Varris.) [2/3 p.]
3 Non. April.
(3 April.)
St. Peter's, Rome.
(f. 226d.)
To Walter Sterte, deacon, of the diocese of Bath and Wells. Indult to him, who is in his twenty-third year, to be, after he reaches his twenty-third year, promoted to the priesthood and minister therein. Meruit tue devotionis. (A. and W. de Gouda. | A. xvi. de Feletis.) [½ p.]
16 Kal. Aug.
(17 July.)
St. Peter's, Rome.
(f. 247.)
To the archbishop of Taranto, and the bishops of London and Ely. Mandate, as below. The [recent] petition of William Stanley, vice-chancellor of Lincoln and all the ministers and officiarii of divine offices in the choir of the said church contained that although John Macworth, dean, was bound to give to the said vice-chancellor etc. a meal (fn. 5) on certain feasts and days of the year, then expressed, and also on the anniversaries of the kings of England and the bishops of Lincoln, when the bishop is absent and the dean is present or absent (fn. 6), in accordance with an award (laudum) made by the late William bishop of Lincoln (unanimously elected by both parties as arbitrator), and fortified (firmatum) by the said parties by oath, as is more fully contained in a book of the said church called a Consuetudinary, and that, although the said dean for some time gave the said vice-chancellor and ministers the said meal on the said feasts, days and anniversaries, he has for some time unjustly refused to do so; that, a cause having arisen between the said parties, first before the bishop of Lincoln their ordinary, and then before the archbishop of Canterbury the metropolitan, the said vice-chancellor and ministers etc., on account of the denial of justice by the said bishop and archbishop, had recourse to the apostolic see; that the present pope at the instance of the vice-chancellor etc. committed the cause, first to Master Alfonsus Segura, then a papal chaplain and auditor, now bishop of Mondonnedo (Mindonien.), and afterwards to Master William de Fundera, Master John Josso (fn. 7) and Master Anthony de Thossabethis, papal chaplains and auditors, conjointly and severally, and that the said Anthony by a definitive sentence decreed the said dean's refusals unlawful and unjust, condemned him, whether present or absent, and his successors, to be in the absence of the bishop bound to give, and condemned him to give yearly to the said vice-chancellor the said meal on each of the said feasts and days and other days contained in the said book called a Consuetudinary (fn. 8), imposed perpetual silence on the dean, and condemned him in the sum of six gold florins of the papal camera, which the said meals could have been worth from the day of the said refusal, the said florins to be paid to the vice-chancellor once only, and condemned him also in the said vice-chancellor's costs in the cause; a like sentence being delivered by the said auditor in favour of the said ministers and officiarii, mutatis mutandis, e.g. the dean being condemned thereby in the sum of ninety gold florins of the camera for the said meals; the said auditor subsequently taxing the said costs of the vice-chancellor and ministers etc. at fifty like florins. At the said petition, adding that the vice-chancellor etc. doubt whether the dean will obey the said sentence and the processes to be taken in virtue of these presents, the pope hereby orders the above three to execute the foregoing, publishing the said sentences where and when they think expedient, cause the said meal to be given by the dean to the said vice-chancellor and ministers etc. every year, and satisfaction to be made to them in respect of the said sums for the refusal of the said meal and for the said costs, and to aggravate the processes as often as expedient, invoking if necessary the aid of the secular arm. Exhibita nobis. (P. and Jo. de Reate. | P. xvi. de Varris.) [3 pp. See Bradshaw and Wordsworth, Statutes of Lincoln Cathedral, 1892–1897, part ii, pp. 214, 260, 283, 568.]
7 Kal, April.
(26 March.)
S. Maria Maggiore, Rome.
(f. 295d.)
To the clergy and people of the city and diocese of Aberdeen. Indult, at their recent petition (containing that although it is allowed by canon and common law to all Christians, when necessary, to catch herrings when they come near the land, on Sundays and other feasts of the year, except the greater feasts, on condition that after the catch they give a fit portion to the neighbouring churches and to the Christian poor; but that they, of whom some have salmon fisheries to which salmon resort at certain seasons of the year, fearing to offend God, are afraid to catch them on Sundays and feast days in the four months of the year during which they chiefly come near the land, without special indult of the apostolic see) that they may freely catch salmon on Sundays and other feast days, in the five months of the year only during which they chiefly come near the land, on condition of being bound to give the first salmon caught in each fishery on a Sunday or feast day of the said five months to the fabric of the church in whose parish the catch is made on that day. Licet tam veteris. (A. and Ja. de Vicentia. | A. xxxv. de Feletis.) [1¼ pp. (fn. 9) ]

Footnotes

  • 1. On the back of the volume is the usual modern label, in Italian: ‘Nicolò V. 1451. Anno 5. Lib. 1.’ A flyleaf has, in different contemporary hands, ‘quesitus pro Jo. Episcopo Leodiensi’ (i.e. presumably Johannes de Los alias de Heinsberg, bishop of Liége from 1419 to 1455 or John de Horn, bishop of Liége from 1483 to 1505; see Eubel ad loc. and above, passim in the footnotes, e.g. Reg. Lat. CCCCLXVI), ‘R(ecipe) Ag., A.’ [i.e. A. de Feletis.], ‘Primus De Diversis Formis Anno Vto ’ and ‘Petrus Hamon.’ A preceding flyleaf has, in the usual modern hands, ‘Vid(i) Hib. Ang. et pro P(a)p(a),’ and ‘Ex hoc libro, Ad perpetuam fol. 114. The above contemporary description occurs also, as usual, on the bottom edge of the volume, with the addition of ‘domini nostri domini Nicolay pape Vti .’ The text embraces ff. 1–317.
  • 2. tibi qui presbyter es, ac ut asseris partibus in illis non[n]ulle com[m]en daciones seu pie devociones annualia seu alia[s] stipendia nuncupata (rectius nuncupate) que racione animarum pia largicione fidelium presbyteris ydoneys ad tempus concedi consueverunt sint.…
  • 3. ut a prefatis fidelibus com[m]endaciones et devociones huiusmodi que racione animarum ad tempus ut premittitur dari consueverunt, si tibi concedantur, quamdiu et quociens tibi placuerit recipere et retinere libere et licite valcas. …
  • 4. ut officiumlibere exercere actorumque scriba iudiciorum et illorum registrarius et custos registrorum esse possis, et ad te cum necesse fuerit in quibusvis contractibus et negociis ecclesiasticis aliisque ad ipsum officium pertinentibus fiducialiter recurri (this word has been corrected) valeatindulgemus.
  • 5. pastum dare et exhibere.
  • 6. episcopo Lincolniensi pro tempore absente ac eodem decano presente sive absente.
  • 7. Johanni Josso. ‘Magistrum Johannem Josso’ occurs later on, viz. in Reg. Lat. CCCCLXXXI, f. 184.
  • 8. ipsumque decanum sive presentem sive absentem ac eius successores ad dandum tradendum ministrandum et concedendum in singulis festis et diebus predietis annuatim et aliis diebus in eodem libro consuetudinario [nuncupato] contentis, prefato episcopo a dicta ecclesia absente, eidem vicecancellario ad dandum et tradendum pastum huiusmodi fuisse et esse efficaciter obligatum, ipsumque decanum ad dandum ministrandum et concedendum in singulis festis et diebus predictis annuatim pastum huiusmodi condemnandum fore et condemnavit.
  • 9. Nicolaus etc. dilectis filiis clero et populo civitatis et diocesis Aberdonen.Salutem etc. Licet tam veteris quam novi testamenti pagina septimum diem ad humanam quietem specialiter deputaverit, illumque et alios dies festivos maiestati altissime deputatos ac plurium sanctorum natalicia observanda, et in eis ab omni opere servili cessandum sancta mater ecclesia decrev[er]it, tamen Romanus pontifex, ut sibi ex debito pastoralis officii incumbit, urgente necessitate rerumque qualitate et personarum utilitate pensatis, premissa modificat ac in parte relaxat prout id novit salubriter expedire. Cum itaque, sicut exhibita nobis nuper pro parte vestra petitio continebat, licet a iure canonico et communi indultum existat universis Christifidelibus diebus dominicis et aliis preterquam in maioribus anni festivitatibus aletium terre se inclinantium captioni intendere necessitate ingruente, ita quod post factam capturam ecclesiis circumpositis et Christianis pauperibus congruam faciant portionem, tamen vos, quorum aliqui piscarias piscium salmonum communiter nuncupatorum in quibus certis temporibus anni pisces huiusmodi affluere consueverunt habere noscuntur, timents deum offendere, captioni dictorum piscium diebus dominicis et festivis in quatuor mensibus anni quibus plus et communius dicti pisces salmones terre se inclinare consueverunt intendere formidatis absque sedis apostolice indulto speciali, pro parte vestra nobis fuit humiliter supplicatum ut super hiis oportune providere de benignitate apostolica dignaremur. Nos igitur, vestre devotionis exigentibus meritis vos gratioso favore prosequi volentes, huiusmodi supplicationibus inclinati, vobis omnibus et singulis ut diebus dominicis et aliis festivis, in quinque duntaxat mensibus anni in quibus magis dicti salmones ad terram confluere dinoscuntur, captioni eorum, ita quod primum salmonem in singulis piscariis die dominico vel festivo dictorum quinque mensium pro tempore captum fabrice cuiuslibet ecclesiarum in quarum parrochiis dicto die capietur erogare teneamini, libere et licite intendere possitis et valeatis, constitutionibus et ordinationibus apostolicis ceterisque contrariis nequaquam obstantibus, auctoritate apostolica tenore presentium de specialis dono gratie indulgemus. Nulli ergo etc. nostre concessionis infringere etc. Si quis etc. Datum Rome apud Sanctam Mariam Majorem, Anno Incarnationis Dominice Millesimo quadringentesimo quinquagesimo primo, Septimo Kal. Aprilis Anno Quinto. (A. and Ja. de Vicentia. | A. xxxv. de Feletis.) [1¼ pp.]