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Vatican Regesta 488: 1462

Pages 459-466

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. CCCCLXXXVIII. (fn. 1)

De Curia.

4 Pius II.

1462.
13 Kal. July.
(19 June.)
Viterbo.
(f. 6.)
To the abbot of St. John the Evangelist's, Tuam, and Rory Oconrith and Odo Oruili, canons of Tuam. Mandate (the pope having been informed by John de Stantona, clerk, of the diocese of Tuam, that Thomas Oronayn, abbot of the Augustinian monastery of Holy Trinity, Ballintober (Villefontis sancti Patricii), in the said diocese, has dilapidated and converted to evil uses its goods etc. and committed simony) to cause the said John, who is by both parents of noble birth, and was lately made a clerk, notwithstanding his illegitimacy (arising from the fact that after his parents had contracted marriage per verba de presenti and consummated it, in ignorance of an impediment, and after John had been born thereof, they were, as being related in the third degree of affinity, (fn. 2) separated by authority of the ordinary), to be received as a canon of the said monastery, and to receive his regular profession, and moreover, if and after he accuses abbot Thomas before them, to summon abbot Thomas, and if they find the foregoing to be true, to deprive and remove him, and in that event to make to John, after he has made his profession, provision of the said monastery, value not exceeding 30 marks sterling, whether it become void by such deprivation and removal, or be void by the death of Henry Micccolmi (sic), or by the resignation of Cornelius Miccadagayn, or in any other way. They are further to cause him to be blessed by any catholic bishop, without prejudice to the archbishop of Tuam, to whom the monastery is by ordinary law subject. John is hereby dispensed to be abbot and rule the monastery, and be promoted to all even holy orders, notwithstanding the said defect etc. Ex suscepte. (G. [de] Piccolominibus. | l. A. de Reate. L. de Mancinis.) [In the margin: Septembris. 3 pp. Theiner, Vet. Mon. Hib. et Scot. Hist. Illust., pp. 440–441, No. 819, from ‘Reg. Tom. XXI, fol. 6,’ i.e. the present Register, omitting the Non obstantibus clauses etc. and the concluding words of the bull, viz. ‘auctoritate apostolica tenore presentium de specialis dono gratie dispensamus,’ and with the spelling ‘Ornih.’]

5 Pius II.

6 Non. Oct.
(2 Oct.)
Petriolo in the diocese of Siena.
(f. 74.)
To John de Ferne. Collation and provision to him, who is a deacon, of the deanery of Caithness (Cathanen.), a major elective dignity with cure, value not exceeding 20l. sterling, void by the death of Patrick Fraser, and reserved under the pope's late reservation of all major dignities in cathedral churches. Upon obtaining possession he is, as he has offered, to resign his perpetual vicarage of Fotherdy in the diocese of Ross. Vite etc.
Concurrent mandate to the bishop of Ancona and the deans of Brechin and Moray. Hodie dilecto filio. (G. de Piccolominibus. | xvi. xiiii. G. de Porris pro Reate. M. de Sole. N. de Tongues.) [In the margin: Octobris. 3 pp. +. The collation is duly rubricated in the Rubricelle with the catchword ‘Cathanen.,’ which Theiner probably took to mean Catania in Sicily and so passed it over.]

4 Pius II.

4 Id. June.
(10 June.)
Viterbo.
(f. 75d.)
To the bishops of St. Andrews and Ancona and the official of St. Andrews. Mandate, at the recent petition of John de Rynde, priest, of the diocese of St. Andrews, containing that on the voidance of the parish church of Carmithale in the diocese of Glasgow, of the patronage of laymen, by William de Lawedare's obtaining by papal authority the perpetual vicarage of Innerlethan in the said diocese, George earl of Angus, the patron, presented the said John to Andrew bishop of Glasgow, the ordinary, who instituted him, and that he has not yet obtained possession in virtue of the said presentation and institution; and adding that for certain reasons he doubts whether they hold good) the said church being, as the pope has learned, still void as above, to collate and assign it, value not exceeding 9l. sterling, to John, notwithstanding that he holds a perpetual chaplaincy in the parish church of the burgh of Edynburg in the said diocese, value not exceeding 4l. sterling. Vite etc. (G. de Piccolominibus. | xx. A. de Urbino. N. de Tongues.) [In the margin: Octobris. 2⅓ pp. Theiner's usual cross is in the margin of the Rubricelle, although not in the text of the Register, but the bull does not appear in his Monumenta.]
9 Kal. May.
(23 April.)
St. Peter's, Rome.
(f. 109.)
To the abbots of Holy Trinity and St. John the Evangelist's, Tuam, and Dermit Maccassarlay, a canon of Tuam. Mandate, as below. The pope has been informed by John Omurchu, priest, of the diocese of Tuam, that Malachy Omulauaill, abbot of the Augustinian monastery of St. Michael, Mayo, in the said diocese, has committed simony and, a notorious fornicator, has dilapidated many of the goods of the monastery. He therefore (absolving the said John from all sentences of excommunication etc., as far only as regards the taking effect of these presents, and rehabilitating him in respect of any disability contracted on account of the fruits of the perpetual vicarage of St. Gerald's, Mayo, which do not exceed 4 marks sterling and were perhaps wrongfully taken by him for more than a year, especially because formerly, believing himself to be at the hour of death, he said that he resigned the said vicarage, but thereafter detained it for some time, as he still does), orders the above three to cause the said John (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, after which he was so promoted) to be received as a canon of the said monastery, and to receive his profession, and moreover, if and after he accuses Malachy before them, to summon Malachy, and if they find the foregoing to be true, to deprive and remove him, and in that event to make provision to John, after he has made his profession, of the said monastery, value not exceeding 24 marks sterling. They are in that event to cause him to be blessed by any catholic bishop, who shall thereafter receive from him the usual oath of fealty according to the form inclosed, and shall send it as soon as possible to the pope by his letters patent sealed with his seal (fn. 3); without prejudice to the archbishop of Tuam, to whom the monastery is by ordinary law subject. He is hereby dispensed to be appointed abbot etc., notwithstanding the said defect etc., and is to resign the said vicarage before they proceed to execution of these presents. Ex suscepte servitutis. (G. de Piccolominibus. | xxxx. A. Oriens.) [In the margin: Maii. 22/3 pp. Briefly in Theiner, Vet. Mon. Hib. et Scot. Hist. Illustr., p. 454, from ‘Reg. Tom. XXI, fol. 109,’ i.e. the present Register, with the spellings ‘Ornurchu’ and ‘Ovinlanaill,’ and with ‘anno quinto’ in the date instead of ‘anno quarto.’]

2 Pius II.

1460.
(fn. 4)
8 Id. May.
(8 May.)
Macereto in the diocese of Siena.
(f. 179.)
To the bishops of Tricarico (Tricaricensi) and Oviedo (Ovetensi) and the official of Tortosa (Dertusensi). Mandate, as below. The recent petition of Francis Berengarii, priest, of the diocese of Valencia (Valentin.), M.A., contained that although lately, on the voidance of a canonry and prebend and the provostship of the month of November in the church of Valencia by the death of Peter de Artes, Vincent Clementis, priest, of the diocese of Valencia, a subdeacon of the pope and collector of the papal camera in England, in virtue of letters of Eugenius IV, by which that pope made him collation and provision of a canonry of Valencia and of a prebend, dignity etc. thereof, accepted within the lawful time and got provision made to him of the said canonry and prebend and provostship, thus void, nevertheless Bartholomew Paschasii, on the ground (occasione) of a certain pretended collation by the ordinary, took possession and prevented Vincent from obtaining it. Seeing that Vincent has for certain reasons ceded to the pope by his proctor James de Torrente, clerk, of Barcelona, the said provision and all right in or to the said canonry and prebend and provostship, and that the pope has admitted the cession, and that the said canonry and prebend and provostship are therefore still void as above, he hereby orders the above three to collate and assign the said canonry and prebend and provostship, which is a simplex administration without cure, value not exceeding 50l. and 400l. of Valencia, whether void as above or in any other way, to the said Francis. Litterarum etc. (G. de Piccolominibus. | xxxx. A. de Urbino pro Reate. M. de Sole. Jo. de Salas.) [In the margin: Novembris. 2¾ pp. The letter is cancelled with strokes, and in the margin is the note: Cassatum fuit presens regestrum (?rectius Cassata fuit presens bulla) (fn. 5) die xxviiii. Junii mcccclxiii de mandato domini nostri pape, per bullam ipsius domini nostri pape sub data Rome anno etc., 1463, nono Kal. Julii anno quinto registratam penes dominum Gregorium ipsius domini nostri pape secretarium et scriptam per Jo(hannem) de Salas, per me Gerardum de Vulterris Camere apostolice notarium. The whole note is subscribed with the characteristic subscription of ‘G. de Vulterris.’]

4 Pius II.

1462.
Prid. Kal. Sept.
(31 Aug.)
Pienza.
(f. 184.)
To the chancellor of Waterford. Mandate, as below. The recent petition of John Stronge, a canon of Ossory, bachelor in decrees, contained that after the rectory of Callan alias Kilbride in the diocese of Ossory, of the patronage of noble laymen, had become void by the death of John Sandere, and Edmund le Botiller, then lieutenant of James earl of Ormonde, who was in remote parts and to whom the presentation for that turn belonged, had presented Stronge to Thomas bishop of Ossory, and the said bishop had instituted him, and he in virtue thereof had obtained possession, upon Patrick Purcel, clerk, of the diocese of Cashel, falsely alleging that the rectory was [then] void by the said death, Nicholas V ordered, by letters surreptitiously obtained, and addressed to the treasurer of Cashel, and without making any mention of the said institution and presentation and of Stronge's possession, collation and provision of the rectory to be made to Patrick, (fn. 6) and Richard Offian, treasurer of Cashel, without the said surreptitious letters being presented to him or received by him, wrongfully proceeded against Stronge, under pretext of a certain instrument containing the tenour of the said surreptitious letters, and made a null collation and provision of the rectory to Patrick, in consequence of which and by lay power Stronge was despoiled of his possession, and Patrick intruded himself, from which collation and provision to Patrick, spoliation etc. Stronge appealed to the apostolic see; that after Patrick had by his own power possessed or rather wrongfully detained the rectory for more than four years without being promoted, at least canonically, to any holy orders, and without dispensation, the said bishop, in course of visitation, caused and ordered him to be cited to show what right he had in the rectory and the letters in virtue of which he had obtained possession, and upon Patrick showing no right, the said bishop decreed that he had none; that Patrick therefore impetrated from the present pope other letters, which were also surreptitious, because they were silent about the presentation, institution, possession and despoiling of the said John, the executor whereof has not yet proceeded to execution, and by which the said executor was ordered to make collation and provision to Patrick of the rectory as being void, amongst other ways, by the said non-promotion, after the impetration of which letters Patrick has still detained the rectory for about two more years, without having himself ordained priest and without dispensation, although he does not reside in person, in spite of very frequent monitions made by authority of the ordinary, thereby incurring eo ipso penalty of deprivation by the provincial statutes of Dublin and the synodal statutes of the church of Ossory. At the said petition, adding that the said processes, collation and provision to Patrick and the present pope's as well as Nicholas V's letters are null and void, and that John doubts whether for certain reasons the presentation, institution, collation etc. made to himself do not hold good, and the pope having learned that the said rectory is still void as above and by the person of the said Patrick, the pope hereby orders the above chancellor to summon Patrick (from fear of whose power John cannot safely meet him in the city and diocese of Ossory), and others concerned, and if he find the foregoing to be true, to annul the said letters of the present pope and of pope Nicholas, and the processes, collation and provision to Patrick and their consequences, decree that he had and has no right in or to the rectory, deprive and remove him, if necessary, and confirm and approve the said presentation, collation, institution etc. made to John, and moreover to collate and assign to him the said rectory, value not exceeding 44 marks sterling, that of his canonry of Ossory and the prebend of Kalmanach therein not exceeding 12 marks sterling, whether it be void in any of the aforesaid ways, or be still void by the death of Thomas Fawte, priest, or by the resignation of the said Patrick, or in any other way, inducting him and removing Patrick, etc. John (who was lately dispensed by papal authority, 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, even if a canonry and prebend or a dignity etc., even if elective and with cure, and to resign it, as often as he pleased) is hereby dispensed to receive and retain for life together with the said rectory any one other benefice, or without the rectory any two other benefices, with cure or otherwise incompatible, even if major or principal dignities etc., and to resign them, simply or for exchange, as often as he pleases, provided that he do not hold two parish churches or their [perpetual] vicarages. Dignum arbitramur. (G. de Piccolominibus. | xxxxv. D. de Pis Jul(ii) cia. (fn. 7) pro Reate. N. Bregeon.) [In the margin:Octobris. 5¼ pp. Theiner, Vet. Mon. Hib. et Scot. Hist.Illust., pp. 445–447, No. 826, from ‘Reg. Tom. XXI, fol. 184,’ i.e. the present Register, omitting the Non obstantibus and following clauses, and therefore the final dispensation ad incompatibilia, and with the spellings ‘Ralbride’ for ‘Kilbride,’ ‘Sandeir,’ and ‘Fawle.’]
3 Kal. Aug. (fn. 8)
(30 July.)
Abbadia S.Salvatore in the diocese of Chiusi.
(f. 189.)
To Andrew Stewart, a canon of Aberdeen. Collation etc., as below. His recent petition contained that the late Robert Forstar, a canon of Aberdeen, in his cause against the said Andrew, ventilated in the apostolic palace before a certain auditor by commission of the present pope, about a canonry of Aberdeen and the prebend of Rochwen (rectius Rothwen) therein, provision of which had been made to Robert, and which Andrew was then as now holding and was in possession of, (fn. 9) won a definitive sentence, which became a res judicata, by which the said canonry and prebend were adjudged to him and perpetual silence imposed on Andrew. The said canonry and prebend having become void at the apostolic see by the death there of the said Robert, without having had possession, and being therefore ipso facto reserved, the pope hereby makes collation and provision thereof, value not exceeding 40l. sterling, to the said Andrew, who was a brother of the late James king of Scots, and is an uncle of the present king. Generis tui clara nobilitas, necnon vite ac morum, etc.
Concurrent mandate to the bishops of St. Andrews and Silves (Silven.) and the official of Brechin. Hodie dilecto filio. (G. de Piccolominibus. | xiiii. xii. A. de Urbino pro Reate. M. de Sole. T. de Treuio.) [In the margin: Augusti. 4½ pp. Theiner's cross is in the margin of the Rubricelle, but is not repeated on f. 189, and the bull does not occur in his Monumenta.]

5 Pius II.

Prid. Id. Oct.
(14 Oct.)
Petriolo in the diocese of Siena.
(f. 206d.)
To the treasurer of Cashel. Mandate (the pope having been informed by Thady Machiremoir, (fn. 10) rector of Kyltakethayn (rectius Kyltakechayn, cf. below) in the diocese of Ossory, that of Thady Ohayly, priest, and Milerus Brem[i]ghean, (fn. 11) clerk, of the diocese of Tuam, each of whom claims that he is rector of Downmor in the said diocese, the former has committed simony, perjury and notorious fornication, and the latter is too worldly and of insufficient learning and letters, (fn. 12) does not know how to say [and] celebrate the canonical hours, masses and other divine offices, nor administer the sacraments, but is held in many ways unfit for the cure of the souls of divers parishioners, nobles and others of the said church, and that both of them dissipate and convert to other uses the fruits etc. of the rectory), if and after the said Thady Machnemoir, who alleges that he is a native of the diocese of Tuam, accuses the said Thady and Milerus before the above treasurer, to summon them, and if he find the foregoing to be true, to deprive them of the said rectory and any right they may have, and remove them therefrom, and in that event to collate and assign the said rectory, which has cure and is of lay patronage (from which the pope expressly derogates for this turn only, simony having been proved in the presentation) and whose value does not exceed 27 marks sterling, to the said Thady Machnemoir; whether it become void by such deprivation and removal, or be void by the death of Remundus Bremgheam in the Roman court, or by the resignation of the said Thady or Milerus, or in any other way, and notwithstanding that he holds the said parish church of Kiltakechaym (sic) with cure and value not exceeding 4 marks sterling, which he is to resign upon obtaining that of Downmor. Dignum arbitramur. (G. de Piccolominibus. | xxv. A. de Reate. M. de Sole. Jo. de Salas.) [In the margin:Novembris. 3¾ pp. The Rubricella is:
Oxorien. dioc.
Thadeo Machurmoir mandatur conferri parrochialis ecclesia de Downmor Oxorien. dioc.
fo. ccvi.
Theiner naturally failed to recognise ‘Oxorien’ as a misspelling of ‘Ossorien.’ and has omitted the bull from his Monumenta.]

Footnotes

  • 1. On the back of the volume is the usual modern red leather label, with ‘Pii ii. de Cur. Ann. iv. v. Tom. xxi.’ and on the bottom edge of the volume the usual contemporary description: ‘xxi. bullarum domini Pii pape ii.’ Inside the volume is a parchment flyleaf, on one side of which is an endorsement, part of which is faintly legible, thus: ‘Appellatio in partibusa sententia per tres judicesfacta super (?) adversario.’ On the other side was apparently the ‘Appellatio’ itself, so effectually erased as to be illegible. It apparently began with the words ‘In nomine domini.’ There are 14 + pages of Rubricelle, headed. ‘Rubricelle libri vicesimi primi bul- larum domini Pii pape ii.’ and ending with ‘Finis. Deo gratias.’ There are i.-ccc. + 301 to 314 ff. of text.
  • 2. ipsi genitores se invicem tercio gradu affinitatis attingentes. Theiner has ‘ad invicem.’
  • 3. quodque idem antistes, postquam sibi munus huiusmodi impenderit, ab eo fidelitatis debite nostro et Romane ecclesie nomine recipiat juramentum juxta formam quam sub bulla nostra mittimus interclusam, ac formam juramenti quod ipse Johannes prestabit nobis de verbo ad verbum per eius patentes litteras suo sigillo signatas per proprium nuntium quamtotius destinare procuret.
  • 4. Apparently corrected from ‘Millesimo eccclxij.’ by erasure of the ‘ij.’, so effectually as to have made a hole in the paper, or by cancellation with ink which, as is the tendency of the ink at this period, has corroded the paper and made the hole.
  • 5. Cf. a similar note on f. 234d. in the margin of a similarly cancelled letter dated 1462, 12 Kal. Jan. 5:—’Die xviiii. Februarii 1463, presens bulla fuit cassata ex dcliberacione dominorum de Camera de mandato domini nostri pape per bullamAd futuram rei memoriamipsius domini nostri pape et sub data Rome apud sanctum Petrum Quintodecimo Kal. Marcii anno quinto [15 Feb. 1462–3] et motu proprio facto, per me Gerardum de Vulterris dicte Camere notarium,’ This note is likewise subscribed ‘G. de Vulterris,’
  • 6. nichilominus tamen dilcctus filius Patricius Purcel qui se gerit pro clerico Cassellensis diocesis false asserens eandem rectoriam per obitum huiusmodi vacare, felicis recordationis Nicolaus pape villam [rectoriam] … dicto Patricio conferri et de illa sibi provideri mandavit. There is thus apparently a nominative absolute.
  • 7. i.e. the commonly recurring name D. de Piscia with Jul(ii) let into the middle of the surname, the meaning evidently being that in October D. de Piscia corrected the bull which A. de Reate had subscribed in the preceding July. The scribe has written ‘Jub,’ with the stem of the ‘b’ crossed through, rather than ‘Jul,’ with the stem of the ‘l’ similarly crossed.
  • 8. The date ended ‘anno quinto.’ The ‘quinto’ is cancelled, and ‘quarto’ substituted in the margin.
  • 9. et quos eciam tunc tenebas et possidebas.
  • 10. Also written ‘Machnemoir,’ further on in the same mandate;? rectius ‘Machurmoir,’ as in the Rubricelle.
  • 11. Also written ‘Bremgheam.’
  • 12. nimis secularis insu[f]ficientisque sciencie et litterature.