BHO

Vatican Regesta 479: 1460

Pages 419-423

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

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

De Curia.

2 Pius II.

1459[–60].
5 Id. Feb.
(9 Feb.)
Siena.
(f. 7.)
To the bishop of Sisteron (Sistaricen.), the prior of Inyscronayn in the diocese of Killaloe (Laonien.) and Denis Odeay, a canon of Killaloe. Mandate, as below. The recent petition of Matthew Yhurhile, priest, of the diocese of Killaloe, contained that on the voidance of the rectory of Baleinkasleanara in the said diocese, of lay patronage, by the death of Donald Ograda or by a division (fn. 2) made between the late Cornelius Obuthile (rectius Ohurhile), then rector, and Odo Ohogayn, the said Matthew got provision made to him in virtue of letters of Nicholas V, and by force of that provision obtained possession, but that John Ohogayn, then a clerk, of the said diocese, alleging that it had been adjudged to him by a certain definitive sentence, endeavoured to molest Matthew in divers ways; and that by the advice and negotiation (fn. 3) of friends and without the authority of the apostolic see, Matthew promised and swore to permit John to receive and have a moiety of the fruits etc. every year, after which John received such moiety for several years, Matthew permitting the same and thereby incurring the guilt of simony and consequent sentences of excommunication, etc. The said petition adding that Matthew, who has continued to receive the fruits even after the said compact, doubts whether the said provision holds good, and the said rectory being, as the pope has learned, still void as above, he hereby orders the above three to absolve Matthew (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 afterwards had himself so promoted) from the said guilt of simony and from the said sentences etc., enjoining penance, dispense him on account of any irregularity contracted, and rehabilitate him, the pope requiring him to resign the rectory to them (fn. 4) before they proceed to execute these presents; and moreover, if and after they make such absolution etc., and if and after he thus resigns, to collate and assign to him the rectory, value not exceeding 10 marks sterling, whether it be void as above, or by the deaths without the said see of Cornelius Ymulleampayll or Cornelius Yhurhile, or in any other way, the pope hereby dispensing him to receive and retain it, notwithstanding the said defect etc. Solet copiosa. (L. Dathus. | xxx. M. Amici. A. de Urbino.) [In the margin:Decembris. 5¾ pp. Theiner's usual cross occurs in the margin of the Rubricelle, although not of f. 7, but the bull is not printed in full nor summarized in his Monumenta. See Cal. Papal Lett., X, p. 450.]

3 Pius II.

1460[–1].
Kal. Jan.
(1 Jan.)
St. Peter's, Rome.
(f. 29d.)
To the bishops of Brechin and Sisteron (Sistaricen.) and the provost of the collegiate church of Monybouyl in the diocese of Glasgow. Mandate to collate and assign to John Kenedy, clerk, of the diocese of Glasgow, M.A., who is a kinsman and a member of the household of James bishop of St. Andrews, a canonry of Glasgow and the prebend of Guven therein, value not exceeding 40l. sterling, void by the death without the Roman court of Alexander [no surname]; whether it be so void, or by the resignation of the said Alexander or of John Balfour, clerk, of the diocese of St. Andrews, or in any other way. Litterarum etc. (G. de Piccolominibus. | xxiiii. T. de Castello. N. Bregeon. P. de Spinosis.) [In the margin: Januarii. 2¼ pp. Not in Theiner, who has, however, made his usual mark in the Rubricelle, although not in the text.]

2 Pius II.

1460.
6 Id. April.
(8 April.)
Siena.
(f. 133d.)
To Hugh de Douglas, rector of Carnismule alias Kyrkymur (rectius Kyrkyinur or Kyrkynnir) in the diocese of Whiteherne, M.A. Collation and provision to him—who is of the noble stock (prosapia) of James king of Scots and of a race (de genere) of earls, is a nephew of James bishop of St. Andrews, and on whose behalf the said king has written to the pope in the matter—of the said parish church, value not exceeding 40l. sterling, the commenda of which (granted for life by Nicholas V to the late (fn. 5) Thomas [then] a bishop in the universal church, [sometime] (fn. 6) bishop of Dunkeld, on its voidance by the death at the apostolic see of David Hamylton, and previously reserved) has recently come to an end by the death without the Roman court of the said bishop, who had duly obtained possession, wherefore the church is still void, as before, by the death of the said David; notwithstanding that he holds the treasurership of Glasgow and canonries of Aberdeen, Brechin and Bochuel (rectius Bothuel) in the diocese of Glasgow, and the prebends of Kincardin, Guthri and Hawyk respectively therein, the value of all which does not exceed 80l. sterling, and that he was lately dispensed by papal authority to receive and retain for life any two benefices with cure or otherwise incompatible, even if parish churches or perpetual vicarages, or major or principal dignities, or such mixed, etc., and to resign them, simply or for exchange, as often as he pleased. Generis preclari nobilitas, litterarum etc.
Concurrent mandate to the bishops of Brechin and Marsico (Marsicano) and the prior of St. Andrews. Hodie dilecto filio. (Ja. Papien. | xiii. xi. M. Amici. F. de Maffeis. D. de Piscia. N. Bregeon.) [In the margin is Sep(tembris), above which is ‘de,’ probably representing ‘De(cembris).’ Theiner, Vet. Mon. Hib. et Scot. Hist. Illust., pp. 429–430,No. 805, from ‘Reg. Tom. XII, fol. 133,’ i.e. the present Register, with his usual cross in the Rubricelle, though not in the text, and his usual ‘etc.’ written in the margin of the Register to represent all that comes after ‘Non obstantibus recolende memorie Boniffacii [sic] pape viii,’ so that he omits the Non obstantibus clauses, containing the mention of Hugh's other benefices and dispensation, as well as the final clauses and also the concurrent mandate. Theiner spells ‘Donglas.’ and has ‘de Carnisinule alias de Kyrkynner’ both in the address and in the text, and also the wrong date, viz., ‘M.CCCC.LX. decimo Kalendas Ianuarii, Pont. nostri anno tertio,’ which he has inadvertently taken from the bull which immediately precedes in the Register. See above, Reg. Vat. CCCCLXX, f. 398d. and CCCCLXXVIII, f. 309d., and below, f. 135.]

3 Pius II.

12 Kal. Nov.
(21 Oct.)
St. Peter's, Rome.
(f. 135.)
To the bishops of Brechin and Marsico (Marsicano) and the prior of St. Andrews. Mandate, as below. The recent petition of Hugh Douglas, rector of Carnisimile (rectius Carnismule) alias Kyrkymur (rectius Kyrkyinur or Kyrkynnir), contained that Nicholas V granted in commendam for life the said church, then void in a certain way [not here expressed], and previously reserved, to the late Thomas Levingston, then a bishop in the universal church, sometime bishop of Dunkeld, (fn. 7) and that the said bishop in virtue of the said commenda obtained possession; that Calixtus III, for certain false reasons suggested to him by Patrick Lockard, priest, of the diocese of Glasgow, annulled the commenda, ordered pope Nicholas's letters and the petition from which they had emanated to be cancelled from his registers, removed bishop Thomas from his possession of the church, and made collation and provision thereof to Patrick, certain executors being appointed; that, a cause having arisen between bishop Thomas and Patrick about the church, and having lawfully devolved to the Roman court, pope Calixtus committed it, at bishop Thomas's instance, to John Didaci de Coca, a chaplain and auditor of causes of the apostolic palace, then of the said pope, now of the present pope, and that the said auditor took some proceedings; that the present pope, for certain reasons set forth by James king of Scots, and at his petition, called up to himself the said cause etc., and ordered the provost of the collegiate church of St. Salvator in the city of St. Andrews and two others [not here named] to summon Peter and others concerned, and if they found that the said commenda was revoked for false causes, to annul the said letters extorted from pope Calixtus and the said collation and provision and their consequences, and to order and decree the said letters of Calixtus and the petitions from which they had emanated to be cancelled from the said registers, and moreover to restore the commenda and letters of pope Nicholas granted to bishop Thomas, and their consequences, and also bishop Thomas himself, to the state in which they were before the said letters of Calixtus had been extorted, and also to restore bishop Thomas to possession of the said church, and inhibit Patrick from molesting bishop Thomas, etc. The pope recently learned that John Achilmere, provost of St. Salvator's, proceeding at the instance of bishop Thomas, has found that the said commenda was revoked for false reasons, and that the statements made on behalf of the said king were true, and has promulgated a definitive sentence on behalf of bishop Thomas and against Patrick, by which he has annulled, ordered, decreed and restored etc., in accordance with the pope's said mandate, and has condemned Patrick in the costs. He therefore ordered the above three to confirm the said sentence etc., as above, Reg. Vat. CCCCLXXVIII, f. 309d. The said petition adding that before the expedition of the pope's letters of confirmation, bishop Thomas has died without the Roman court, the pope hereby decrees and grants that his said mandate shall a vail the said Hugh, even as regards everything contained in the letters expedited, as above, on behalf of bishop Thomas, and that the above three may and shall confirm the said sentence etc., extinguish the suit, impose perpetual silence on Patrick in regard to the said church, and execute the sentence, citing, however, the said Patrick, as if the said sentence had been delivered on behalf of Hugh, and as if he had been expressly named in it, etc.; and furthermore orders the same three, after they have found the foregoing proceedings to have been lawful, to confirm the said sentence and its consequences, extinguish the suit, impose perpetual silence on Patrick in regard to the said church, and execute the said sentence, causing it to be observed by ecclesiastical censure, without appeal. Generis preclari nobilitas, litterarum etc. (Ja. Papien. | lx. M. Amici. B. de Maffeis.) [In the margin: Novembris. 6½ pp. See the preceding collations and above, Reg. Vat. CCCCLXX, f. 398d. Not in Theiner's Monumenta, although he has made his usual cross both in the margin of the Rubricelle and of the text.]

Footnotes

  • 1. On the back of the volume is the usual modern red leather label, with: ‘Pii ii. de Cur. An. ii. iii. Tom. xii.’ Inside the volume is half of the original sheepskin binding, but not being the front half it has not the usual contemporary description, and with the exception of two or three unimportant notes, it is blank. The contemporary description occurs, however, as usual on the bottom edge of the volume, viz.: ‘xiius . bullarum domini Pii pape ii.’ The ‘Rubricelle,’ of which there are 17 pp., are headed: ’Incipiunt Rubricelle xii. libri bullarum domini Pii pape ii. anno domini mcccclxio , die xvi. mensis Aprilis incepte Rome apud Sanctum Petrum, videlicet,’ and then they begin. At the end of them is: ‘Vivat deus in secula amen. Rubricellauit Raynaldus de Capobianco (above the ‘bianco’ a playful contemporary has written ‘rosso’) de Neapoli camere apostolice scriptor finivitque eas die xx. Aprilis mcccclxi., pontificatus domini nostri Pii pape ii. anno tercio hora xx. in camera apostolica feliciter. Rome. Deo gratias.’ The first 3 ff. are unnumbered, and after them come ff. i.—cccxxviii.
  • 2. ‘septionem,’ rectius ‘sectionem.’
  • 3. ex consilio et tractatu.
  • 4. quodin manibus nostris (rectius uestris) realiter et omnino dimittat.
  • 5. The words ‘bone memorie’ are added in the margin. In a bull dated on the following day, 9 April, 1460, and addressed to the same three executors as those of the present bull, the bishop is spoken of as being alive. See above, Reg. Vat. CCCCLXXVIII, f. 309d.
  • 6. There are no such words as ‘tunc’ and ‘olim’ in the Register as there are on f. 135 below.
  • 7. tunc in universali ecclesia olim vero Duulrelden. (rectius Dunkelden.) episcopo. As already noted, the preceding bull omits ‘tunc’ and ‘olim vero,’ having simply ‘bone memorie’ (these two words added in the margin) Thomas in universali ecclesia Dunkelden. episcopus. Cf. also Reg. Vat CCCCLXX, f. 398d. note.