BHO

Vatican Regesta 477: 1460

Pages 407-414

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

This free content was digitised by double rekeying and sponsored by the Arts and Humanities Research Council. All rights reserved.

Citation:

In this section

Vatican Regesta. Vol. CCCCLXXVII. (fn. 1)

De Curia.

2 Pius II.

1460.
7 Kal. June.
(26 May.)
Macereto in the
diocese of Siena.
(f. 11d.)
To the abbot of Holy Trinity, Tuam, and John de Burgo and Thady Ohanly, canons of Tuam. Mandate, as below. Calixtus III, upon learning that the perpetual vicarage of Meadryd in the diocese of Annaghdown was void because Donald Macgillavanach had obtained by uncanonical collation the rectory of Kylcolgan in the diocese of Kilmacduagh (Duacen.), and had for days and years detained and was detaining them together without papal dispensation or any other right, and had been so long void that by the Lateran statutes its collation had lapsed to the apostolic see, ordered certain executors [not here named] to collate and assign it to Denis Macgillavanach, priest, of the said diocese of Kilmacduagh, who had been dispensed by papal authority, on account of illegitimacy as the son of a priest and an unmarried woman related in the second and second degrees of affinity, to be promoted to all even holy orders and hold a benefice even with cure, the said pope dispensing him by the same letters to retain it for life with the archdeaconry of Kilmacduagh, a non-major elective dignity with cure, about which he was litigating without the Roman court, in the event of his winning it, and also dispensing him on account of the said defect as far only as regarded the taking effect of his said letters. At the recent petition of the said Denis, containing that, without having presented the said letters to the said executors, upon the voidance of the rectory of Fuoranmor in the said diocese of Annaghdown, of lay patronage, by the death of Thady Ymukate, he was presented by the lay patron to, and had provision made to him by the ordinary, by his ordinary authority, without other dispensation in regard to the said defect, and in virtue of the said presentation and provision obtained possession of the rectory, and has unduly detained possession for about a year, taking the fruits in good faith because he believed that such dispensation extended to the said rectory; and that afterwards, constrained by lay power and led by bodily fear, (fn. 2) he was compelled to renounce his suit about the said archdeaconry, but without renouncing his right, and to receive a pension for a certain time. The pope therefore orders the above three to summon those concerned, and if they find the foregoing to be as stated, first of all to restore Denis, who is of noble birth, to the right to the said archdeaconry in which he was before the said alleged renunciation and obtaining of the said rectory, (fn. 3) absolve him from simony, fornication, dilapidation, perjury and from all sentences of excommunication etc., as far only as regards the taking effect of these presents, enjoining penance, dispense him on account of irregularity, and rehabilitate him, and moreover to collate and assign to him the said rectory, value not exceeding 9 marks sterling, whether it be void as above, or by the plurality of William Yhynery, or by the non-promotion to the priesthood of David de Burgo or David de Barra, or by the resignation of Roderick Macgillavanach, or by the death of Bernard Yhynery, or by the deprivation of the said Thady by authority of the ordinary or in any other way; notwithstanding that Denis holds a right to the said archdeaconry and holds a canonry of Clonfert and the prebend without cure (simplicem prebendam) called [the prebend] of Kylshaspoye Moellyn therein, value not exceeding 12 and 2 marks sterling respectively. The pope hereby dispenses him to receive the rectory, and retain it for life with the archdeaconry, if it be restored to him, or without them (absque illis) any two benefices with cure or otherwise incompatible, even if dignities etc., provided that they be not major dignities nor parish churches nor perpetual vicarages, and to resign them, simply or for exchange, as often as he pleases, notwithstanding the said defect etc. Solet sedes apostolica. (L. Dathus. | xxxx. G. de Puteo. N. Tungen. Pe. de Bonitate.) [In the margin: Junii. 6 pp. Theiner has made his cross in the Rubricelle, but has not printed this mandate See above, p. 249.]
4 Id. June.
(10 June.)
Petriolo in the
diocese of Siena. (fn. 4)
(f. 35.)
To the bishop of Orte, the prior of St. Mary's, Killmoir. Nasynda [rectius Nasynna], in the diocese of Elphin, and Malachy Omochan, a canon of Elphin. Mandate to collate and assign to John Offaynd, a canon of Elphin, who has for many years studied in Ireland and is very expert in canon and civil law, and is illegitimate, being the son of unmarried parents, the perpetual vicarage of Rilhtachnirt (fn. 5) (rectius Kilhtachuirt) in the diocese of Ardagh, to which the parish church of Killtrennan is annexed, its value and that of the said annex not exceeding 8 marks sterling, void because John Macg[i]llasulich, a forger of apostolic letters or [of letters] of the papal penitentiary and a perjurer, in respect of whom and of the said forgery a declaratory sentence has been delivered by the chief pentitentiary, […..], (fn. 6) although the said John Macgillasulich, being guilty of the said forgery and not having been rehabilitated by the apostolic see, has, without any new title, wrongfully detained possession, taking the fruits (fn. 7); whether it be void as above, or by the resignation of the said John Ma[c]gillasulych, or in any other way. They are moreover to create and receive the said John Offaynd as a canon of Ardagh, in which there is not a fixed number of canons or prebends, and make provision to him of a canonry of that church, and to erect the said vicarage into the prebend of the said canonry for John's life only; notwithstanding that the pope lately ordered provision to be made to him of one or two benefices, even if one of them had cure or were a rural deanery or archpriestship, or a dignity, etc. in a cathedral or a collegiate church, etc., in the collation of the bishops and the deans, archdeacons and chapters etc. of Elphin and Kilmore. The pope hereby dispenses him to be promoted to all even holy orders and receive and retain the said canonry and vicarage to be erected into a prebend, and any benefices of any number and kind, with or without cure, compatible with one another and with the aforesaid, even if canonries and prebends, dignities, etc., not major or principal dignities, and to resign them, simply or for exchange, as often as he pleases, and receive and retain other compatible benefices for life, notwithstanding the said defect etc. Vite etc. (L. Dathus. | xxvi. G. de Puteo. N. Tunguen. T. de Treuio.) [In the margin: Junii. 5½ pp. Theiner, Vet. Mon. Hib. et Scot. Hist. Illustr., a brief abstract on p. 453, from ‘Reg. Tom. X. fol. 35,’ i.e. the present Register, with the spellings ‘Rilhtachinre’ and ‘Macgilasulich.’]
Prid. Kal. July.
(30 June.)
S. Salvatore de
Iliceto without the
walls of Siena. (fn. 8)
(f. 58.)
To Luke de Vivianis, a canon of Ferentino, and Maurice Omolmochary and John Ogoband, canons of Kilmore. Mandate to collate and assign to Malachy Machwkuarg, (fn. 9) clerk, of the diocese of Ardagh (Ardabaden.), who lately had himself made a clerk notwithstanding his illegitimacy as the son of a priest and an unmarried woman, the rectory of the rural lands called the rectory of Muntereolays in the said diocese, the cure of which has from time immemorial been exercised and the sacraments administered by perpetual vicars, and whose value does not exceed 24 marks sterling, of lay patronage, although the lay patrons have not used their right for more than sixty years, void by the death without the Roman court of Cornelius Ofeargayl. The pope hereby dispenses him to be promoted to all even holy orders and receive and retain the rectory, notwithstanding the said defect etc. Vite etc. (L. Datus. | xx. M. Amici. F. de Maffeis. T. de Castello.) [In the margin: Julii. 22/3 pp. Theiner, op. cit., a brief abstract on p. 453, from ‘Ibidem (i.e. Reg. Tom. X) fol. 58,’ i.e. the present Register, omitting the description of Luke de Vivianis as a canon of Ferentino, and with the spellings ‘Mackwhuarg’ and ‘Muntorcolays.’]
10 Kal. Aug.
(23 July.)
Siena.
(f. 95d.)
To John, a bishop in the universal [church], sometime [bishop] of St. Davids. Reservation and assignment (seeing that he recently resigned at the apostolic see the rule and administration of the church of St. Davids to Nicholas, cardinal priest of St. Cecilia's, and that the said cardinal by the pope's viva voce order admitted his resignation, and that the pope has this day made provision of the said church to Robert Tully, [now] elect of St. Davids) of a yearly pension for life of 200l. sterling of the lawful money of England upon the fruits etc. of the episcopal mensa of St. Davids, to be paid to him by the said Robert, who has expressly consented, and by his successors, half at Easter and half at Michaelmas; with penalties in case of non-payment, etc. Personam tuam.
Concurrent mandate to the archbishop of Canterbury and the bishops of London and Hereford. Hodie cum venerabilis frater. (Ja. Papien. | x. x. x. (fn. 10) M. Amici. F. de Maffeis.
x. x. x.
x.
D. de Piscia.) [In the margin: Julii. 3 pp.]
13 Kal. July.
(19 June.)
Petriolo in the
diocese of Siena.
(f. 122.)
To the prior of St. Mary's, Kyllmoir Nasynna, in the diocese of Elphin, and Cormac Omochan and John Ofloynd, canons of Elphin. Mandate (the pope having been informed by Fergal Ogormily, an Augustinian canon of St. Mary's, Inchmacnerin (de Insula Macnery), in the diocese of Elphin, that Ranaldus Ocolla, perpetual vicar of Ardcarrna in the said diocese, has dilapidated etc. the goods of the vicarage and committed simony and been negligent and remiss in the celebration of divine offices) if and after Fergal (who is a priest, and to whom the pope recently ordered provision to be made of the priorship of the said monastery, which was then about to become void, and which, as he alleges, is deformed and destitute in respect of cloister, roof, books, chalices and other necessary ornaments, and is otherwise in need, for the repair of which its resources are insufficient) accuses the said Ranaldus before the above three, to summon him, and if they find the foregoing to be true, or aught thereof sufficient for the purpose, to deprive and remove him, and in that event to unite for Fergal's lifetime the vicarage to the monastery, value not exceeding 8 and 30 marks sterling respectively, whether it become void by such deprivation, or be void by the death of Magonius Michabrethim, or by the resignation of the said Ranaldus or Odo Micdiarmada alias Micdomicaidriabaid (fn. 11) (rectius Micdonncaidriabaid), or be void in any other way. Religionis zelus, vite, etc. (G. de Piccolominibus. | xx. G. de Porris pro Puteo. Pe. de Bonitate.) [In the left-hand margin at the end is the usual Junii, and in the opposite right-hand margin is ‘Quia pauper Ybernicus.’ 2½ pp. Theiner has made his usual cross in the Rubricelle, but has not printed the mandate nor summarized it on his p. 453.]
7 Kal. Aug.
(26 July.)
Siena.
(f. 154d.)
To the abbot of Deir and the prior of Monymusk, in the diocese of Aberdeen, and the chancellor of Aberdeen. Mandate, as below. The pope has been informed by George Monypenny, clerk, of the diocese of St. Andrews, that formerly, after John Mirton, a canon of Aberdeen, had obtained the making of provision to him by authority of the ordinary of a canonry of Aberdeen and the prebend of Monymusk therein, on their becoming void by the resignation of his predecessor to the ordinary, he, contrary to the promise which he had formerly by oath made to John Senes, who had previously held them, not to diminish the provision or pension which the said John had allowed to the vicar in the said prebend, did so diminish the said pension or provision, thereby committing perjury. (fn. 12) The pope therefore orders the above three, if and after George accuses John before them, to summon John, and if they find the foregoing to be true, to deprive and remove him, and in that event to collate and assign the said canonry and prebend, value not exceeding 24l. sterling, and of the patronage of the bishop of St. Andrews for the time being, to George. Vite etc. (G. de Piccolominibus. | xxiiii. M. Amici. F. de Maffeis. T. de Treuio.) [In the margin: Julii. 4 pp. Briefly in Theiner, op. cit., p. 453, from ‘Ibidem (i.e. Reg. Tom. X.) fol. 154,’ i.e. the present Register, with the spelling ‘Monyxenuy.’]
14 Kal. Sept.
(19 Aug.)
Siena.
(f. 156.)
To Peter and John de Medicis and their fellows, merchants of Florence, following the Roman court. Promise, in the name of the pope and of his successors, to them (they having recently lent to the pope and the papal Camera, for certain affairs of the Roman church and for the help of the armies against the Turks the sum of 15,000 florins of gold of the Camera, which the pope has caused to be wholly devoted to the said purposes) to repay to them the said sum; with grant that they may take and retain all the sums which they shall receive for the said Camera from common services and annates of churches and monasteries and other benefices, etc., until the above sum has been entirely repaid to them, and mandate hereby to the pope's treasurer and the clerks of the Camera and the pope's banker etc. to acquit the said merchants in respect of the sums which they shall thus retain, as the pope himself hereby acquits them. Nuper cum nos. (Ja. Papien. | D. de Piscia. de Curia.) [1⅓ pp. In the left-hand margin under Ja. Papien. is the note:Anno mcccclxi die quarta Maii, Rome in camera apostolica Leonardus de Vernacis institor societatis de Medicis suo et dicte societatis nominibus confessus est se habuisse a sanctissimo domino nostro papa et camera predicta summam quindecim millium florenorum auri de camera in presenti bulla contentam et de eis fuisse bene contentum et integre satisfactum, et quietavit dictam cameram etc. G. de Vulterris. See above, pp. 17, 19, 383 and 404, and cf. below, Reg. Vat. CCCCXCIII, f. 34, and DXVIII, f. 247.]
12 Kal. Sept.
(21 Aug.)
Siena.
(f. 196.)
To the abbot of Dunfermlyn in the diocese of St. Andrews and the prior of St. Andrews. Mandate, as below. The recent petition of Alexander de Moravia, a canon of Moray, and Alexander de Cunynghame, nobleman, lord of Kilmawre in the diocese of Glasgow, contained that although the right of patronage and of presenting to the parish church of Glencarne in the said diocese belongs to the said nobleman, and has belonged to his predecessors from time immemorial, nevertheless lately, the said church becoming void and he being in the wardship of James king of Scots, the late [William] bishop of Glasgow, falsely alleging that the collation had devolved to him, made collation and provision by his ordinary authority, without the consent or knowledge of the said king and patron, to the late Thomas Macguffok, priest; that after Thomas had under pretext thereof obtained possession and had held it for some time, he, induced by the chapter of Glasgow, resigned it to the said bishop, to the end that it should be united and appropriated to the capitular mensa of Glasgow; and that subsequently the said chapter, alleging that by such resignation the church was void, obtained from Nicholas V, as a result of false statements made to him on their behalf, and without any mention being made of the said patronage, a mandate for its union and appropriation to the said mensa, for the common distributions, certain executors being appointed. The said petition added that although Nicholas V died before the said letters had been presented to the executors, and that although in virtue of the annulment by his successor Calixtus III, on the morrow of his accession, of all unions and appropriations by his predecessors which had not taken effect, the said mandate was ipso facto annulled, one of the said executors it is alleged, proceeding summarily (ex abrupto) at the instance of the chapter to execution, under pretext of the said letters made to the said mensa an union and appropriation which was therefore null, under pretext of which the chapter thenceforward detained possession of the church, as they still do; that the said patron, upon learning the foregoing, presented the said Alexander de Moravia for the said church, still void as above, to Andrew bishop of Glasgow, the ordinary, upon whose unjust refusal to admit the presentation and to institute, appeal was made to the apostolic see on behalf of the said Alexander de Moravia and patron, and petition made to the pope on behalf of the said king and appellants to decree the said union etc. null and invalid, admit the said presentation, order Alexander to be instituted, and commit the cause of the appeal and of the principal matter to upright men in those parts etc. The pope therefore, at the said petitions, orders the above two, if they find the foregoing to be true, to summon the said bishop Andrew and chapter and others concerned, decree and declare the said union and appropriation and their consequences null and invalid, restore the said patron and his successors to their original right of patronage and presentation, etc., and moreover, admitting the said presentation, to institute the said Alexander de Moravia, if found fit, and collate and assign to him the said church, value not exeeeding 30l. sterling, howsoever void, inducting him etc., and removing the said chapter and any other illicit detainer. Humilibus supplicum votis. (G. de Piccolominibus. | xxxx. M. Amici. F. de Maffeis. D. de Piscia.) [In the margin:Julii. 42/3 pp. Theiner, Vet. Mon. Hib. et Scot. Hist. Illust., pp. 427–428, No. 803, from ‘Reg. Tom. X, fol. 196,’ i.e. the present Register, omitting the Non obstantibus and following clauses. The letters of Nicholas V referred to do not occur in his Registers in Cal. Papal Letters, Vol. X.]
14 Kal. June.
(19 May.)
Macereto in the
diocese of Siena.
(f. 298)
To Andrew Stewart, a canon of Aberdeen. Reservation to the pope's gift, for collation to him, who is a brother (frater) of James king of Scots and in about his twentieth year, of the deanery of Moray, a major elective dignity with cure, and of a canonry and the prebend of Rothwen in Aberdeen, value together not exceeding 70l. sterling, which are to become void by the promotion, made by the pope this day, of James elect of Moray to that church, and by his consecration which is to be administered to him; notwithstanding that he holds another canonry of the said church of Aberdeen and the prebend of Wyn therein, value not exceeding 20l. sterling. He is hereby dispensed to receive and retain the said deanery, notwithstanding his defect of age etc. Generis preclari nobilitas, vite etc.
To the bishop of Orte and the officials of Moray and Aberdeen. Concurrent mandate (headed ‘Executoria.’). Hodie cum decanatus. (G. de Pi[c]colominibus. | l. xvi. M. Amici. Adrianus.) [In the margin: Septembris. 3⅓ pp. Theiner has made his usual cross in the margin of the Rubricelle, although not of f. 298, but has not printed or summarized the bull.]

Footnotes

  • 1. On the back of the volume is the usual modern red leather label, with: ‘Pii ii. de Cur. Anno ii. Tom. x.’ Inside the volume is the front half of the original sheepskin binding, with: ‘Liber x. bullarum domini Pii pape,’ below which in a smaller hand is ‘Pii 2i Lo . xo . anno 2o .’ There are the usual contemporary notes, e.g. ‘Vidit Ph.,’ and later notes. The ‘Rubricelle,’ of which there are 18 pp., are headed: ‘Incipiunt rubricelle decimi libri de Curia domini Pii divina providencia pape ii. anno secundo, de mense Maii et Junii, Senis, etc., videlicet,’ and at the end is ‘Deo gratias amen. Explete hora xxa ’ (apparently corrected from ‘xxiia ) Aprilis die xvi mcccclxi, anno vero ut supra, Rainaldus de Neapoli, amen, Camere Apostolice Scriptor ex numero quatuor.’ There are ff. i.—cccxvi of text.
  • 2. laicali potencia conuinctus et timore corporali ductus.
  • 3. eodem Dionisio in suum pristinum ius ac (rectius ad) archidiaconatum predictum, in quo ante dictam p(rete)nsa(m) renunciacionem et adepcionem dicte rectorie fuerat, ante omnia prout iustum fuerit restituto et reintegrato.
  • 4. Datum Patrioli (rectius Petrioli) Senensis diocesis.
  • 5. Indistinctly written. It is difficult to distinguish between the letters ‘c,’ ‘r’ and ‘t,’ as written by this scribe.
  • 6. See the next following note.
  • 7. Cum itaque sicut accepimus perpetua vicaria parrochialis ecclesie de Rilhtachnirt Ardakadensis diocesis ex eo quod dilectus filius Johannes Macg[i]llasulich, perpetuus vicarius eiusdem ecclesie, litterarum apostolicarum seu sacre penitentiarie falsarius et mentitor existens, et super quo declar[a]toria sententia summi penitentiarii ac super dicta falsitate lata extitit, vacaverit et vacet ad presens, licet ipse Johannes Macgillasulich, salsificationis [sic] huiusmodi labe respersus nec per sedem apostolicam habilitatus, eandem vicariam extunc nullo denuo titulo sibi super hoc suffragante detinuerit prout detinet indebite occupatam, fructus ex [e]adem provenientes de facto percipiendo, Nos … The ‘ex eo quod’ introduces what is apparently an anacoluthon.
  • 8. Datum in monasterio sancti Salvatoris de Iliceto extra muros Senenses
  • 9. His surname is not clear. The writer of the Rubricelle got as far as ‘Mach’ and then gave it up.
  • 10. This is an unusual and not very intelligible arrangement of the taxes for the two letters. They would normally represent the registration of three letters.
  • 11. The letters in the name are vaguely shaped.
  • 12. sui status et proprie salutis immemor, dei timore postposito, ventre [? rectius crimen] et reatum periurii in anime sue periculum scienter et sponte pensionem seu provisionem huiusmodi minuenao incurrere non expavit. The scribe of the Register was perhaps thinking of his next meal.