BHO

Lateran Regesta 528: 1458

Pages 331-337

Calendar of Papal Registers Relating To Great Britain and Ireland: Volume 11, 1455-1464. Originally published by His Majesty's Stationery Office, London, 1921.

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Citation:

In this section

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

3 Calixtus III.

De Beneficiis Vacantibus.

1457[–8].
14 Kal. March.
(16 Feb.)
St. Peter's, Rome.
(f. 30d.)
To the dean and the archdeacon of Tuam and Thomas Oruayn, a canon of the same. Mandate to admit the resignation which Odo Otyernay proposes to make of the perpetual vicarage of Kyllmeoynmor in the diocese of Tuam, and to collate and assign it, value not exceeding 5 marks sterling, to Thady Otyerernay, perpetual vicar of Rosheere in the same diocese, value also not exceeding 5 marks sterling, with which the pope hereby dispenses him to retain for five years the said vicarage of Kyllmeoynmor. Vite etc. (C. and Ernestus. | C. xx. Sexto Non Martii Anno Tertio. de Montepolitiano.) [3½ pp. See below, f. 108.]
1457[–8].
4 Kal. March.
(26 Feb.)
St. Peter's, Rome.
(f. 32d.)
To the bishop of St. Andrews. Mandate to collate and assign to John Smale, clerk, of the diocese of Aberdeen, who alleges that he is a bachelor in decrees, the perpetual vicarage of Kencoldroun in the diocese of Brechin, value not exceeding 8l. sterling, which is to become void by the terms of the provision which the pope has this day made to Alexander Michaelis of the rectory of Adzell in the diocese of St. Andrews, upon his obtaining possession of that rectory, as Alexander has himself also offered. (fn. 2) Dignum arbitramur. (C. and A. de Amelia. | C. xxii. Quarto Kal. Martii Anno Tertio. de Montepolitiano.) [3 pp. +. See below, f. 68d.]
1457[–8].
7 Id. Feb.
(7 Feb.)
St. Peter's, Rome.
(f. 65d.)
To the chancellor and precentor (Tricenario [sic]) of Ardfert and Philip Odumachan, a canon of the same. Mandate (the pope having been informed by Maurice Oconchiur, priest, of the diocese of Ardfert, that Denis Oloncy, perpetual vicar of Dunvorllyn in the said diocese, blackening the dignity of a priest, is an open and notorious fornicator, and has dilapidated etc. the moveable and immoveable goods of the said vicarage, to the shame of the clerical order etc. (fn. 3) ) if and after Maurice (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, and who in virtue thereof has had himself so promoted) accuses Denis before the above three, to summon Denis, and if they find the aforesaid or any one of them sufficient for the purpose to be true, to deprive and remove him, and in that event to collate and assign the said vicarage, value not exceeding 7 marks sterling, to Maurice. Vite etc. (P. and Ernestus. | P. x. Residuum gratis pro deo. Pridie Kal. Martii Anno Tertio. de Varris.) [1¾ pp.]
1457[–8].
5 Kal. March.
(25 Feb.)
St. Peter's, Rome.
(f. 68d.)
To the bishop of St. Andrews. Mandate to collate and assign to Alexander Michaelis, perpetual vicar of Kencoldrown in the diocese of Brechin, the rectory of Adzell in the diocese of St. Andrews, value not exceeding 18l. sterling, so long void, because John Kanedi, [now] rector of Disart in the same diocese, obtained that rectory by collation made by authority of the ordinary when holding Adzell, that by the Lateran statutes the collation of the latter has lapsed to the apostolic see. Upon obtaining the said rectory he is, as he has offered, to resign his said vicarage of Kencoldrown. Dignum arbitramur. (P. and A. de Amelia. | P. xxiiii. Quarto Non. Martii Anno Tertio. de Varris.) [3¼ pp. See above, f. 32d.]
1457[–8].
17 Kal. April.
(16 March.)
St. Peter's, Rome.
(f. 90d.)
To the bishop of Killala (Aladen.), the dean of Glendalough (Glendallacen.) in the diocese of Dublin, and Patrick Obruin, a canon of Leighlin (Leonen. rectius Leighlinen.). Mandate to collate and assign to Donatus Oheadagain, (fn. 4) priest, of the diocese of Ossory, the perpetual vicarage of W[i]kello and the rectory of Drumcaha in the diocese of Dublin, value not exceeding 8 and 6 marks sterling respectively, void by the death without the Roman court of John Ybruyn, who canonically held them together: whether they became void as stated, or the rectory by the deprivation of John Ykaernay by papal authority, or both of them by the resignation of the said John Ykearnay and John Ybryuuyn, or in any other way. The pope hereby dispenses Donatus to receive and retain together for life the said vicarage of Wikelo and rectory of Drumcaha, of which latter church, although it has been wont to have its own rector, the parishioners have for many years, in the time of the said John Obruyn and before, gone to the said church of Wikelo to receive the sacraments. Vite etc. (P. and A. de Amelia. | P. xxxvi. Nono Kal. Aprilis Anno Tertio. de Varris.) [4 pp.]
1457[–8].
7 Kal. Feb.
(26 Jan.)
St. Peter's, Rome.
(f. 108.)
To the dean of Annaghdown. Mandate to collate and assign to Odo Otyernay, priest, of the diocese of Tuam (who was lately dispensed by papal authority, on account of illegitimacy as the son of a clerk and an unmarried woman, to be promoted to all even holy orders and hold a benefice even with cure, after which, having been so promoted, he obtained the perpetual vicarage of Kyllmeoynmoir in the said diocese of Tuam) the perpetual vicarage of St. Nicholas's, Galway (Galluia) in the diocese of Annaghdown, value not exceeding 10 marks sterling, void by the death without the Roman court of John Macanfylead; although Richard (Riscerdus) Obare, priest, of the diocese of Tuam, who is to be summoned and removed, has wrongfully detained it for more than a year but less than two years without any canonical title; whether it be void as stated, or by the promotion by papal authority of Donatus Ymuryayd, archbishop of Tuam, and his consecration, or by the resignation of the said Donatus or John or of John Ris, priest, or in any other way. Odo is hereby dispensed to receive and retain the said vicarage, notwithstanding the said defect etc. Dignum arbitramur. (P. and A. de Amelia. | P. xxii. Quartodecimo Kal. Martii Anno Tertio. de Varris.) [3½ pp. See above, f. 30d.]

De Exhibitis.

1457[–8].
Kal. Feb.
(1 Feb.)
St. Peter's, Rome.
(f. 165d.)
To the chancellor of Ross. Mandate, at the recent petition of James Weyke, clerk, of the diocese of Moray (containing that on the voidance of a canonry and the prebend of Kylmor in Ross, and a canonry and the prebend of St. Columba in Argyll, and the chapel of St. Mary the Virgin, Delny, in the diocese of Ross, which is of lay patronage, the ordinaries made him collation and provision thereof, and that in virtue thereof he obtained possession; and adding that he doubts whether the said collations and provisions hold good, especially because, without being ordained priest, and without having obtained dispensation, he detained for some time the said chapel, in whose foundation it is provided that its holder shall be bound to have himself promoted to the priesthood within a year from obtaining possession) to collate and assign to the said James, who is secretary of John de Yla, earl of Ross, the said canonries and prebends of Ross and Argyll and chapel, value not exceeding 9l., 6l. and 3l. sterling respectively. Dignum etc. (P. and H. Masheim. | P. xxx. Quinto Id. Februarii Anno Tertio. de Varris.) [22/3 pp.]
1457[–8].
19 Kal. Feb.
(14 Jan.)
St. Peter's, Rome.
(f. 168d.)
To the official of Glasgow. Mandate, at the recent petition of William Vatson, clerk, of the diocese of Aberdeen (containing that on the voidance of a canonry and the prebend of Castiltaris in Glasgow by the death of James Inglis, Thomas abbot of the Cluniac abbey of Paisley in the diocese of Glasgow, vicar-general in spirituals of Andrew bishop of Glasgow, alleging that he had special power from that bishop for the purpose, made collation and provision to the said William, who in virtue thereof obtained and now holds possession; and adding that he doubts whether for certain causes the said collation and provision hold good) to collate and assign to him the said canonry and prebend, value not exceeding 9l. sterling. Dignum etc. (C. and H. Masheim. | C. xx. Septimo Kal. Maii Anno Tertio. de Montepolitiano.) [2½ pp.]
1457.
17 Kal. Dec.
(15 Nov.)
St. Peter's, Rome.
(f. 205.)
To the provost of St. Mary's, Bochtvel, in the diocese of Glasgow. Mandate, as below. The pope lately, upon learning that Thomas Meldon, rector of Kylkmichel [sic] in the said diocese, being in about his sixtieth year, was so old and infirm that he could not duly rule the said church and exercise the cure of souls, ordered the provost of St. Willihadus's, Bremen, to receive and admit Thomas's resignation, collate and assign the said church to William Elphi[n]sten, priest, of the said diocese, M.A., and reserve and assign to Thomas a certain yearly pension for life. The recent petition of Quintin Veyr, priest, of the diocese of Glasgow, bachelor in decrees, contained that, before the time of the date and emanation of the said mandate, the said Thomas, without making mention of his illegitimacy as the son of a married man and an unmarried woman, [and] the papal dispensation in virtue of which he had first obtained the parish church of Newlandys in the said diocese being exhausted, and without having obtained any other canonical dispensation, resigned to the late John bishop of Glasgow the parish church of Cultor [sic] in the same diocese, which he was detaining de facto, for purpose of exchange with the said church of Kylkmichel [sic], and intruded himself under pretext of a collation and provision made to him thereof by the ordinary on its voidance by the resignation of James Hndesay (rectius Lindesay), made to the said bishop, also for purpose of exchange; wherefore the said church of Kylkmichel [sic] being still void by the resignation of the said James, David Cadzow, (fn. 5) precentor of Glasgow, then vicar-general in spirituals of the chapter of Glasgow, the see being void, in virtue of special power from the chapter, made collation and provision thereof to the said Quintin; and that subsequently, also before the said time, after a dispute had, not by papal delegation, arisen before the said chapter, the see being still void, between the said Quintin and Thomas about the said church, and after a number of acts had been proceeded to, short of a conclusion, the said Thomas, whilst the suit was thus still pending before the chapter, likewise without mentioning the said defect and without having obtained canonical dispensation, and without mentioning that the said suit was pending, surreptitiously obtained the above-mentioned letters from the pope, under pretext of which and of the collation and provision of Kylkmichel [sic] made to him by the above provost [of Bremen], he intruded himself, despoiling Quintin of the possession obtained by him in execution of a definitive sentence delivered by the said chapter in the cause, which sentence had become a res judicata. At the said petition, which added that Quintin doubts whether the said collation and provision made to him and the said sentence hold good, and the said church of Kylkmichel [sic] being, as the pope has learned, still void by the resignation of the said James, the pope hereby orders the above provost, if he find the foregoing to be true, to declare null and void his said letters, the collations and provisions made to both William and Thomas, and the assignment of the said pension, and after doing so to collate and assign the said church of Kilkmichel [sic], value not exceeding 9l. sterling, to Quintin, who is of noble birth. Nobilitas generis, litterarum etc. (P. and B. de Monte. | P. xxx. Quarto Id. Decembris Anno Tertio. de Varris.) [5 pp.]
4 Id. Dec.
(10 Dec.)
St. Peter's, Rome.
(f. 277.)
To the bishop of St. Andrews, the abbot of St. Thomas's, Alberbrocht [sic], in the diocese of St. Andrews, and the archdeacon of St. Andrews. Mandate, as below. The recent petition of Stephen Mortimar, clerk, of the diocese of St. Andrews, contained that on the voidance of the perpetual vicarage of Forden in the said diocese, by the death without the Roman court of John Baluul, he, in virtue of letters granted to him by Nicholas V, and during that pope's life, accepted it within the lawful time and got provision made to him, and in virtue thereof obtained possession; that he won a definitive sentence against Laurence Slith, priest, of the said diocese, before John Sthenes (rectius Scheries), official of St. Andrews, and another against Robert Crumby, priest, of the same diocese, before James bishop of St. Andrews, chosen by the parties as arbitrator, which latter became a res judicata; but that nevertheless Walter Frostar [sic], clerk, of the same diocese, falsely alleging that the vicarage belonged to him and that Stephen had intruded himself etc., appealed from such intrusion etc. to the apostolic see, and that the present pope committed the cause of the appeal and of the principal matter to Master Bernardo de Bosco, a papal chaplain and auditor, who promulgated a definitive sentence by which he adjudged the vicarage to Walter, imposed perpetual silence on Stephen, and condemned him in costs and in fruits received by him since the beginning of the suit, etc., from all which Stephen, as soon as he heard thereof, appealed to the said see. At the said petition (adding that some allege that the said sentence has become a res judicata, and adding also that Stephen, on account of a grave infirmity and his proverty due to the enormous costs of the litigation without the Roman court, has not been able to betake himself to that court for the defence of the cause nor send a fit proctor, (fn. 6) and alleging that he is ready to allow the rights which Walter employed in his favour in the cause), (fn. 7) the pope hereby orders the above three to summon Walter and others concerned, and if they find the foregoing to be true, to restore Stephen, as far as is just, to appeal from the said later sentence, and in that event, and after Stephen has so appealed, to proceed in the appeal cause and confirm or invalidate (confirmare vel infirmare) the said later sentence. Humilibus supplicum votis. (P. and H. Masheim. | P. xx. de Varris.) [2 pp. +. The letters of Nicholas V referred to do not occur in Cal. Papal Lett., Vol. X.]
1457[–8].
7 Id. Feb.
(7 Feb.)
St. Peter's, Rome.
(f. 288.)
To the bishop of Orvieto, the prior of St. Michael's Mount (Sancti Michaelis de Rupe) in the diocese of Ardfert, and the archdeacon of Ardfert. Mandate, at the recent petition of Thomas Ogealvayn, priest, of the diocese of Ardfert, containing that on the voidance of the perpetual vicarage of Kathyr Bris[l]ayn alias Ynysdasliauag in the said diocese by the resignation of Donatus Macneyll to Maurice bishop of Ardfert, the prior and convent of St. Mary's, Killagh (de Bello loco), O.S.A., in the said diocese, to whom by ancient custom the presentation belonged, presented the said Thomas, and that the said bishop instituted him, in virtue of which presentation and institution he obtained and still holds possession, but now doubts whether they hold good) to collate and assign to him the said vicarage, value not exceeding 7 marks sterling. Vite etc. (P. and Ernestus. | P. xx. Duodecimo Kal. Martii Anno Tertio. de Varris.) [2 pp. +.]

Footnotes

  • 1. On the back of the volume is the usual modern description in Latin: ‘1457. An. iii. Callixti III,’ A flyleaf has, in different contemporary hands: ’Jesus Christus filius dei,’ ‘R(ecipe) Ag., P. [de Varris],’ ‘Primus de beneficiis vacantibus et exhibitis et de litteris dominorum cardinalium anno tertio domini nostri domini Calisti pape iii.,’ and ‘Rubricatu(m) [sic] die ii. Septembris.’ A similar contemporary description ‘Primus … ‘occurs, as usual, on the bottom edge of the volume. There are ff. i–cccxxiii. of text.
  • 2. Smale is not hereby dispensed, although described as a clerk.
  • 3. suis improbis ritu (rectius vita) et moribus presbyteralis dignitatis obfuscans decencia[m] ac datestabiles corrupti animi secrans (rectius sectans i.e. sequens) illecebras, publicus et notorius fornicator existit, ac pleraque res et bona mobilia et inmobilia ad dictam vicariam legitime spectancia inutiliter et nequiter dilapidat distrahit et consumit, in anime sue periculum, divine majestatis offensam, clericalis ordinis obprobrium, dicteque vicarie non modicum detrimentum, perniciosum quoque exemplum et scandalum plurimorum. So that the common phrase ‘in clericalis ordinis obprobrium’ does not necessarily mean that the person in question is only a clerk.
  • 4. The surname really begins with what is apparently an ‘M,’ or perhaps ‘al,’ and at least the letters ‘hea’ have been corrected.
  • 5. Verum, sicut exhibita nobis nuper pro parte Quintini supradicti peticio continebat, cum dudum ante tempus date et emanacionis ipsarum litterarum prefatus Thomas, tacito defectu natalium quem de conjugato et soluta genitus patitur, apostolica cuius vigore parrochialem ecclesiam de Newlandys dicte diocesis prius (corrected from primo, the correction being superscribed P[etru]s [de Varris]) obtinuerat consumpta, nec alia super hoc canonica dispensatione suffultus, parrochiali ecclesia de Cultor [sic] eiusdem diocesis quam de facto detinebat per eum ex causa permutationis pro prefata ecclesia de Kylkmichel quam tunc dilectus filius Jacobus Hndesay [sic] obtinebat in manibus bone memorie Johannis episcopi Glasguensis extra Romanam curiam dimissa, in dicta ecclesia de Kylkmichel [sic], pretextu collationis et pro visionis de illa tunc per resignationem dicti Jacobi ex eadem causa in dictis manibus extra eandem (substituted in the margin by P. [de Varris] for the Romanam of the text, which is cancelled and superscribed P[etru]s) curiam sponte factam et per ipsum episcopum admissam vacante sibi licet de facto auctoritate ordinaria factarum, se intrusisset, illamque occupasset et detinuisset ac detineret indebite occupatam, et propterea ipsa ecclesia de Kylkmichel per resignationem Jacobi huiusmodi adhuc vacaret, dilectus filius David Cadzow.
  • 6. neque ad eam ydoneum mittere responsalem.
  • 7. asserentis quod ipse jura quibus idem Walterus in favorem suum in huiusmodi causa usus est confiteri paratus existit.