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Lateran Regesta 767: 1475-1476

Pages 524-531

Calendar of Papal Registers Relating To Great Britain and Ireland: Volume 13, 1471-1484. Originally published by Her Majesty's Stationery Office, London, 1955.

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Citation:

In this section

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

5 Sixtus IV.

De Diversis.

1475.
Kal. Nov.
(1 Nov.)
St. Peter's, Rome.
(f. 5r.)
To Thomas Tunstall, layman, and Alice Neowill, mulier, of the diocese of York. Indult, as below. Their recent petition contained that the custom of their country requires that marriage be not contracted unless it be previously published for three Sundays or feast days in the parish church, in order that if any impediment arise, it can be at once answered; that, having cohabited for many years and had three children, they desire to contract marriage; and that, inasmuch as they have lived in the said concubinage publicly, the said Thomas is unwilling to contract such marriage openly and in accordance with the said custom. The pope therefore grants them indult to contract such marriage, without incurring any penalty or censure, provided that, as they allege, there be no canonical impediment, and without regard to the said custom, and provided that it be contracted lawfully and before some priest of the diocese of York, of their choice. (fn. 2)Sincere deuotionis affectus. [1 p.]
1476.
Prid. Kal. May.
(20 April.)
St. Peter's, Rome.
(f. 10v.)
To William Smyth, priest, of the diocese of Coventry and Lichfield, bachelor of decrees. Dispensation to receive and retain for life any two benefices [with cure] or otherwise incompatible, even if parish churches etc. or dignities etc., and to resign them, simply or for exchange, as often as he pleases. Litterarum scientia, vite etc. [1⅓ pp.]
1475[–6].
7 Kal. Feb.
(26 Jan.)
St. Peter's, Rome.
(f. 50v.)
To Richard Attwode, prior of St. Mary's, Stodeley, O.S.A., in the diocese of Worcester. Dispensation to receive and retain for life with the said priory any benefice with and without cure, wont to be governed by secular clerks or by canons of the said order, even if a parish church etc., and to resign it, etc. as in the preceding. Religionis zelus, vite etc. [1 p.]
1476.
5 Non. July.
(3 July.)
Amelia.
(f. 62r.)
To the bishops of Lismore, Limerick and Emly. Mandate, as below. The recent petition of the archbishop of Cashel and Ellen Cantwell, mulier, wife of Richard Bottillier, layman, of the diocese of Cashel, contained that formerly, upon the said Ellen relating to the said archbishop that although the said Richard had contracted marriage with her per verba legitima de presenti, had consummated it, and had had offspring by her, he put her away and ceased to treat her with conjugal affection, the said archbishop monished and ordered him to return to her, and treat her with conjugal affection, under pain of excommunication etc.; that inasmuch as Richard did not obey, (fn. 3) the said archbishop excommunicated him, and caused and ordered him to be publicly proclaimed excommunicate, repeatedly aggravated the processes made against him, and laid the places to which he should go and in which he should reside under and interdict (fn. 4); that Richard, falsely alleging himself to be wrongfully aggrieved by the said archbishop, appealed to the apostolic see, and obtained papal letters to the bishop of Leighlin, and under pretext thereof brought the said archbishop and Ellen before Miles, (fn. 5) bishop of Leighlin; that the said bishop, wrongfully proceeding, although he had no jurisdiction against the said archbishop in the matter, promulgated an unjust sentence by which he declared the said marriage between Richard and Ellen to be null, pronounced a divorce between them, (fn. 6) and condemned the said archbishop to pay a certain sum of money to Richard; that Ellen had recourse to the said see, and obtained papal letters to the bishops of Killaloe (Laonien.) and Limerick, and in virtue thereof caused Richard to be summoned before Matthew, bishop of Killaloe, who promulgated a definitive sentence by which he revoked the sentence of the said bishop of Leighlin, declared the said marriage to be lawful, and ordered Richard to cohabit with Ellen. (fn. 7) The said archbishop and Ellen alleging that the said last sentence has been suspended by no appeal, and that the process of the said bishop of Leighlin is null, and petitioning the pope to order the said last sentence to have due force, and the said process to be declared null by some upright man in those parts, etc., (fn. 8) the pope hereby orders the above three to summon Richard and others concerned, hear both sides, and decide what is just, without appeal, causing their decision to be observed by ecclesiastical censure. Humilibus etc. [1½ pp.]
1476.
3 Non. June.
(3 June.)
S. Maria Maggiore,
Rome.
(f. 69v.)
To John Cortell, rector of the parish church of Stammer Magna in the diocese of London. Dispensation to receive and retain for life with the said church one other benefice, or without that church any two other benefices, with cure or otherwise incompatible, even if dignities etc. or parish churches etc., and to resign them, simply or for exchange, as often as he pleases. Vite etc. [1¼ pp.]
5 Non. May.
(3 May.)
St. Peter's, Rome.
(f. 80r.)
To the abbot of O'Dorney (de Kirieleyson) in the diocese of Ardfert, and the archdeacon and the chancellor of Ardfert. Mandate, as below. The pope lately, on being informed by Dermit Osullevayn, clerk, of the diocese of Ardfert, that John Omulchonari, prior of St. Michael's, Ballinskellings (de Rupe), O.S.A., in the said diocese, was a public and notorious fornicator, and had alienated and dilapidated the immoveable goods of the said monastery, and converted them to his evil and damnable uses, ordered the dean of Ardfert, John Fismoris, chancellor of the same, and the official of the same, if Dermit would accuse John before them, to summon the latter, and if they found the foregoing to be true, to deprive and remove him, and in that event to collate and assign the said priory to Dermit. The recent petition of the said John contained that not only has he [not] alienated the said goods, but that he has augmented them, that he is not a notorious fornicator, but, as far as human frailty allows, has always lived honestly and religiously, and that the said letters were therefore extorted from the pope by a false statement, and are consequently to be held surreptitious. The pope therefore hereby orders the above three to summon the said Dermit and others concerned, and do what is lawful in regard to the foregoing. Honestis supplicum votis. [1½ pp.]
14 Kal. May.
(18 April.)
St. Peter's, Rome.
(f. 98r.)
To Robert Gryme, rector of the parish church of St. Michael, Braham, in the diocese of Norwich. Dispensation to him, who holds the said parish church, to which is canonically annexed the chapel of Est Barfold, to receive and retain for life with the said parish church and annex any other benefice, or, if he resign the said church (fn. 9) any two other benefices, with cure etc., as above, f. 69v. Vite etc. [2 pp.]
1475.
Id. Nov.
(13 Nov.)
St. Peter's, Rome.
(f. 101r.)
To John Mudford, a monk of Sirsborn [sic], O.S.B., in the diocese of Salisbury. Dispensation to him, who is a priest, to receive and retain for life any benefice with or without cure wont to be governed by secular clerks, even if a parish church, etc., and to resign it, simply or for exchange, as often as he pleases. Religionis etc. [1 p.]
1476.
6 Id. April.
(8 April.)
St. Peter's, Rome.
(f. 104v.)
To Alexander Inglis, subdean of Dunkeld, doctor of decrees. Grant, etc., as below. Pius II dispensed him (who was litigating in the apostolic palace before a certain auditor about the parish church of Lundoff in the diocese of Dunkeld, of which he was in possession) to receive with the said church, if he won it, one other benefice, or without that church, and if he resigned it, any two other benefices, with cure or otherwise incompatible, even if two parish churches, etc., or dignities etc., and, if parish churches or perpetual vicarages, to retain them for five years, or, if other incompatible benefices, to do so for life, and to resign them, simply or for exchange, as often as he pleased. The pope now grants to him (who is by both parents of noble birth, and holds inter alia the said subdeanery and church) a prolongation of the said five years to the term of his life, and dispenses him to receive and retain for life with the said subdeanery (which is a non-major, non-elective dignity without cure) and church, or with two other incompatible benefices, any third benefice with cure or otherwise incompatible, even if a parish church etc., or a dignity, etc., and to resign it, simply or for exchange, as often as he pleases, provided that of such three incompatible benefices not more than two be parish churches or perpetual vicarages. Nobilitas generis, litterarum etc. [2½ pp.]
15 Kal. June.
(18 May.)
St. Peter's, Rome.
(f. 112r.)
To William Sutton alias Stolond, a canon of the priory of Ledes, O.S.A., in the diocese of Canterbury. Dispensation, as below. The pope lately dispensed him to receive and retain for life any benefice with or without cure wont to be governed by secular clerks, even if a parish church etc., and to resign it, simply or for exchange, as often as he pleased. The pope now dispenses him (who is a priest, and who holds in virtue of the said dispensation the free chapel of Bokenfeld in the diocese of Canterbury, without cure and wont to be held by such clerks) to receive and retain for life with the said chapel any two other secular benefices with cure or otherwise incompatible with one another, or two regular benefices with or without cure wont to be held by Augustinian canons, even if such secular benefices be parish churches, etc., or such regular benefices be priories etc., and to resign them, simply or for exchange, as often as he pleases. Religionis etc. [2 pp.]
11 Kal. June.
(22 May.)
St. Peter's, Rome.
(f. 117r.)
To William Bynell, prior of St. Andrew's, Hexham, O.S.A., in the diocese of York. Dispensation to receive and retain for life with the said priory, even if it be elective and have cure, any benefice with or without cure, secular, or regular of the said order, even if such secular benefice be a parish church, etc., and such regular benefice be a priory etc., and to resign it, simply or for exchange, as often as he pleases. Religionis etc. [1 p.]
9 Kal. June.
(24 May.)
St. Peter's, Rome.
(f. 117v.)
To Edward Wakefeld, a monk of Selby, O.S.B., in the diocese of York. Dispensation to receive and retain for life any benefice with cure wont to be governed etc., as above, f. 101r. Religionis etc. [1 p.—]
10 Kal. June.
(23 May.)
St. Peter's, Rome.
(f. 118r.)
To John, bishop of Ross, and John, bishop of Beirut (Bericen.), [both] residing (fn. 10) in the city of London. Mandate, as below. The recent petition of Catherine Mertymer [sic] alias Stephyns vel Roggers, mulier, of London, contained that although she and Robert Mertymer [sic] of Bromeley, layman, of the diocese of London, contracted marriage per verba legitime de presenti, solemnized it before the church and consummated it, cohabited for many years, and had children, (fn. 11) the said Robert, falsely alleging that she had previously contracted marriage with William Hardi alias Arding, layman, of the diocese of London, brought her before the late John Driuell, then official of London, brought the object of having a divorce pronounced between them, (fn. 12) who, wrongfully proceeding in the cause, promulgated an unjust definitive sentence in favour of Robert and against Catherine; that, the said John having died, she put in before his successor, Thomas Ian’, proof of the falsity and subornation of certain witnesses produced by Robert, under pretext of whom the said John had pronounced his sentence, and therefore craved to have the said sentence revoked, and sentence to be given in favour of the marriage contracted between her and Robert (fn. 13); that the said official refused to do her justice, and granted licence to Robert to contract marriage with Elizabeth Hawardi, mulier, of the said diocese, and afterwards often threatened to declare the marriage subsequently contracted between Robert and Elizabeth to be valid, and to promulgate a definitive sentence in favour of the validity of the marriage contracted between Catherine and William, and the nullity of the marriage contracted between Catherine and Robert, and of a divorce between them, (fn. 14) wherefore she appealed to the apostolic see, and subsequently petitioned the pope to commit the causes of the said appeal, etc., of the nullity of the sentence of the said John, of the marriage contracted between Robert and Elizabeth, and of the principal matter, to some prelates in those parts. The pope therefore hereby orders the above two bishops to summon the said Robert, William and Elizabeth, and others concerned, hear both sides and, taking cognizance of the principal matter also, decide what is canoncial, without appeal, causing their decision to be observed by ecclesiastical censure. Humilibus etc. [1½ pp.]
18 Kal. Sept.
(15 Aug.)
Narni.
(f. 118v.)
To Christopher Tenandi alias Wiliamson, rector of the parish church of St. Mary, Ketelberston, in the county of Suffolk, in the diocese of Norwich. Dispensation to receive and retain for life with the said church one other benefice, etc., as above, f. 69v. Vite etc. [1½ pp.]
1475[–6].
4 Id. Feb.
(10 Feb.)
St. Peter's, Rome.
(f. 124r.)
To the bishop and the dean of Killaloe (Laonien.), and Donatus Ograda, a canon of the same. Mandate, as below. The pope lately (on being informed by Thomas, bishop of Limerick, that Eugenius Offalan, (fn. 15) clerk, had dilapidated and converted to his evil uses the fruits etc. of the priory of Holy Cross by the bridge of Limerick, of the order of St. Mary of the Cruciferi, which he was holding in commendam by grant of the apostolic see, that, being under sentence of excommunication on account of crimes committed by him, he had taken part in masses and other divine offices, thereby contracting irregularity, and that he had held for several years, and was then holding, the rectory of the parish church of San in the diocese of Cloyne (Clonen.), without having himself promoted to any holy orders, and without dispensation), ordered the above three, if the said bishop Thomas would accuse Eugenius before them, to summon the latter, and if they found the foregoing to be true, to deprive and remove him, and in that event to grant the said priory to the said bishop in commendam for life. The recent petition of Eugenius contained that although he believes that he has hitherto led such a laudable life that the foregoing cannot be proved before lawful judges, nevertheless, inasmuch as judges in those parts are sometines corrupted by a small sum of money or by gifts, and that accusers are wont to choose judges disposed to favour them, it is not easy to have recourse to the apostolic see in regard to the grievances inflicted by them, or sentences wrongfully pronounced, and appeals therefrom. (fn. 16) The pope, therefore, hereby orders the above three not to proceed in the said cause without the bishop of Emly, whom the pope hereby joins to them in the cause, decreeing that if they proceed without the said bishop any sentences etc. delivered by them shall be null and void. Honestis supplicum votis. [14/5 pp. See above, pp. 44 and 318.]
Ibid.
(f. 125r.)
To the bishop of Emly. Mandate, as below. The pope lately, on being informed by Richard Purssel, clerk, of the diocese of Limerick, that John Maklanige (?), prior called minister of the Trinitarian house of St. James, A[t]hdarryd, in the said diocese, being under sentence of excommunication for divers crimes and being guilty of perjury, has celebrated masses and other divine offices in contempt of the Keys, ordered the priors of Holy Trinity on the bridge of Limerick and St. Mary's, Ragelli, in the diocese of Limerick, and the official of Limerick, if the said Richard would accuse the said John before them, to summon the latter, and if they found the foregoing to be true, to deprive and remove him, and in that event to grant the said priory in commendam to Richard for life. The recent petition of the said John containing that although … appeals therefrom, as in the preceding, the pope hereby orders the above bishop to join himself to the above-named judges in the said cause, etc. Honestis etc. [12/3 pp. See above, p. 43.]
14 Kal. April.
(19 March.)
St. Peter's, Rome.
(f. 168r.)
To the bishop of London. Faculty to confer the office of notary public on James Bottilier, clerk, of Dublin, dwelling in the city of London, provided that he be not married and not in holy orders, and if he have completed his twenty-fifth year, and if he be found fit after examination; with the from of oath to be taken by him. (fn. 17)Ne contractuum. [1 p.]
1476.
Prid. Non.
April.
(4 April.)
St. Peter's, Rome.
(f. 210r.)
To the bishop of Salisbury. Mandate, as below. The recent petition of John Vepham, rector of the chapel called [the chapel] of Frome Whitsell [sic], contained that the said chapel, provision of which was made to him by authority of the ordinary on its voidance by the death of its last possessor, has from time immemorial been without parishioners, and has been by all reputed a benefice without cure (simplex), and was so held by John's predecessors, and was held by them with any other benefice with cure, without any dispensation, but that, moved only by a scruple of conscience, he doubts whether he can hold it with another benefice with cure. The pope, therefore, hereby orders the above bishop, if he find the facts to be as stated, to decree that the said chapel is not a benefice with cure, but a benefice without cure, (fn. 18) and that it can be held with a dignity or a personatus or other benefice with cure, without any dispensation. Honestis petentium votis. [2/3 p.]

(f. 238r.)
Indulgence in aid of the chapel commonly called [the chapel] of St. Mary the Virgin de la Puwe in the collegiate church of St. Stephen the Protomartyr within the king's palace of Westminster, for which Anthony Wydeville, earl of Rivieres, brother of Elizabeth queen of England, has a singular affection. Ad perp. rei mem. Gloriosi principis nostri. [Registered by the same scribe as in Reg. Lat. DCCLXII, f. 99v, above, p. 498, but here unfinished and cancelled, without marginal or other note. 1 p.]
1476.
5 Non. May.
(3 May.)
St. Peter's, Rome.
(f. 251v.)
To Christopher Losthous [sic], perpetual vicar of the parish church of St. Bartholomew the Apostle, Aldeburgh, in the diocese of York, M.A. Dispensation to receive and retain for life with the said vicarage any other benefice, etc., as above, f. 69v. Litterarum etc. [2¼ pp.]
Non. June.
(5 June.) (fn. 19)
St. Peter's, Rome.
(f. 252v.)
To John Heyward, a canon of the priory of St. Mary, Lanthony, by the town of Gloucester, O.S.A., in the diocese of Worcester. Dispensation to him, who receives under a reservation lately made to him by papal authority a yearly pension on the fruits etc. of the said priory, to receive and retain for life therewith any benefice with or without cure, secular, or regular of the said order, even if a parish church etc., or a priory etc., respectively, and to resign it, simply or for exchange, as often as he pleases. Religionis etc. [1½ pp.]

Footnotes

  • 1. On the back of the volume: Anno 5. Libro 4.
  • 2. Sane pro parte vestra [nobis] nuper exhibita petitio continebat quod mos et consuetudo patrie vestre requirit quod matrimonium non contrahatur nisi primo per tres dics dominicos seu alias festiuos in parrochiali ecclesia publice denuntietur, ut si quod impedimentum superesset illud in presentia opponi possit [sic], quodque vos, qui multis annis citra inuicem cohabitastis, et in animarum vestrarum periculum multipliciter fornicati fuistis, indeque tres filios procreastis, cupitis matrimonium inuicem contrahere, tuque dilecti [sic] fili Thoma [s], pro eo quod inuicem in concubinatu hujusmodi publice fuistis, nolles [sic] palam et secundum consuetudinem predictam matrimonium hujus contrahere. Quare pro parte vestra nobis fuit humiliter supplicatum ut vobis, inter quos ut asseritis nullum subest impedimentum quominus possitis matrimonialiter coppulari, quod matrimonium huiusmodi preter consuetudinem et morem predictos, legitime tamen et coram quocunque sacerdote Eboracensis diocesis quem ad hoc duxeritis eligendum, libere et licite et absque incu[r]su alicuius penc seu censure contrahere et in eo postquam contractum fuerit remanere valeatis concedere, aliasque in premissis oportune prouidere de benignitate apostoliea dignaremur. Nos igiturvobis ut, dummodo aliud canonicum impedimentum non obsistat, matrimonium huiusmodi preter consuctudinem et morem predictos, legitime tamen et coram quocunque sacerdote predicte diocesis quem ad hoc duxeritis eligendum, absque incursu alicuius pene seu censure contraherevaleatisindulgemus
  • 3. minime paruit et [recte ut] tenebatur.
  • 4. processus contra eum super hoc habitos iteratis vicibus grauando, et loca atque [recte ad que] ipsum Ricardum declinare et in quibus residere contingeret ecclesiastico supposuit interdicto.
  • 5. Millane, recte Millone, i.e. Milone.
  • 6. et inter ipsos diuortium celebrauit.
  • 7. idemque [recte eidemque] Ricardo ut cum prefata Elena eius uxore cohabitaret et [sic] mandauit.
  • 8. Quare pro parte archiepiscopi et Elene huiusmodi, asserentium dictam ultimam sententiam nulla prouocatione suspensam et dicti episcopi Leglinensis processum nullum fore, nobis fuit humiliter supplicatum ut dictam ultimam sententiam robur debite firmitatis obtinere, dictumque processum nullum esse per aliquem prouidum [? an erroneous variant of the usual per aliquem probum virum] in partibus illis declarari mandaredignaremur.
  • 9. una cum parrochiali [ecclesia] et annexa predictis quodcunquc aliud, seu illa per te dimissa
  • 10. residentibus.
  • 11. proles.
  • 12. super hoc inter alia petendo inter eam et ipsum Robertum propterea diuorcium celebrari.
  • 13. cumque, prefato Johanne interim vita functo, cadem Catherina de falsitate et subornatione quorundam testium per prefatum Robertum productorum, quorum pretextu dictus Johannes huiusmodi sententiam promulgauerat, coram dilecto filio Thoma Ian’ officiali Londonien(si), qui eidem Johanni in officialatu huiusmodi successerat, sufficienter et legitime docuisset, ac propterea sententiam predictam reuocari et pro matrimonio inter cam et dictum Robertum ut premittitur contracto sententiam proferri postulasset.
  • 14. et successiue quod matranonium inter Robertum et Elisabeth prefatos postea contractum validum fore declararet, et pro validitate inter Catherinam et Wilhelmum ac nullitate inter eosdem Catherinam et Robertum contractorum matrimoniorum huiusmodi et diuortii inter ipsos Robertum et Cat[h]erinam diffinitiuam sententiam promulgaret sepius comminiatus [sic] extitit.
  • 15. Seemingly corrected from ‘Offaglan,’ by cancellation of the g.
  • 16. Cum autem, sicut exhibita nobis nuper pro parte dicti Eugenii petitio continebat, licet domino coadiuuante credat hactenus adeo laudabiliter vixisse quod relata ipsa coram legitimis iudicibus non possint veritate subniti, tamen quia in partibus ipsis judices interdum parva pecunia seu muneribus corrumpuntur, et accusatores huiusmodi illos sibi propitios solent eligere, nec super gravaminibus super (recte per, as in the corresponding passage in the mandate to the bishop of Emly, below, f. 125r.) eos illatis aut sententiis male pronuntiatis et appellationibus ab illis interpositis ad sedem apostolicam faciliter valeat haberi recursus.
  • 17. ‘Bottillier’ in the oath.
  • 18. capellam predictam non curatam sed simplex beneficium fore.
  • 19. DatumMillesimo quadringentesimo septuagesimo sexto sexto Non. Junii anno quinto. As sexto Non. Junii is an impossible date, it has been assumed by the editor that the second ‘sexto’ is an error and ought to have been cancelled.