BHO

Lateran Regesta 108: 1402-1403

Pages 525-543

Calendar of Papal Registers Relating To Great Britain and Ireland: Volume 5, 1398-1404. Originally published by His Majesty's Stationery Office, London, 1904.

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Citation:

In this section

Lateran Regesta, Vol. CVIII.

14 Boniface IX.

De Diversis Formis.

1403.
6 Id. Jan.
St. Peter's, Rome.
(f. 5d.)
To Donatus Ohedersgeoil, priest, of the diocese of Ross. Rehabilitation, with resignation clause and dispensation, as recapitulated above, Reg. CVI, f. 234d. Sedes apostolica. (Pro Deo.)
2 Id. Feb.
St. Peter's, Rome.
(f. 6d.)
To the bishop of Worcester. Mandate to dispense Edward Cheyne and Elizabeth Cheyne, of his diocese, to remain in the marriage which they contracted in ignorance that they were related in the fourth degree of kindred, declaring past and future offspring legitimate. Oblate nobis.
1402.
8 Id. Dec.
St. Peter's, Rome.
(f. 9.)
To John Ganvil, rector of Yevele, in the diocese of Bath and Wells. Licence to resign his said church, simply or for exchange,to any ordinary, without requiring licence of the apostolic see or any other, and to rent or let, for life or other period, to clerks or laymen, it and any other which he may obtain in its stead. Vite ac morum.
Id. Dec.
St. Peter's, Rome.
(f. 9.)
To John Layet, rector of St. Peter's within the walls, Chester, in the diocese of Lichfield. Confirmation from the date of these presents of his presentation by the patron, Henry abbot of Chester, and his institution by [John Bourghill] (fn. 1) bishop of Lichfield to the said church, value not exceeding 50 marks, made on its voidance by the death of rector John de Haluczhton; as he doubts whether it has not become void otherwise or has not been specially or generally reserved to the pope. Vite etc.
12 Kal. Jan.
St. Peter's, Rome.
(f. 10.)
Declaration etc., as below. Lately—upon the pope's learning that the novices who proposed to make their profession in the church of Norwich had been wont to be received by the prior and chapter, by them presented to the bishop, being in the city, and by him kissed and blessed, and in due time received by him to make their solemn profession into the order; that upon voidance of the priory the chapter had elected one of their number as prior, and that the bishop had confirmed the election within a certain time; that the prior, thus elected and confirmed, and chapter had been wont to choose and nominate to their dependent priories or cells of Lynn (Lennya), Yarmouth (Gernimuta), Aldeby and Hoxne and to the offices of sub-prior, cellarer, sacristan, chamberlain, master of the hospital of St. Paul [Norwich], precentor and the four penitentiaries of the said church, and the four other penitentiaries of the said priories, which priories and offices are governed by monks of the said church, upon each voidance of the said priories and offices fit persons, and within certain times to present the same to the bishop; that notwithstanding the said customs some, especially the most recent, bishops of Norwich had injured the prior and chapter in respect of the above—he, motu proprio, ordained that if the bishop neglected or refused to kiss and bless such novices within six days from their presentation, or to receive their solemn profession, or if the bishop were not in the diocese or if the see were void (in which two cases the prior and chapter were not to be bound to make such presentations), on the expiry of the said six days and in the said two cases, the novices could make their solemn profession in the said church to the prior or his commissary; that if within six days the bishop did not confirm the chapter's election of a prior, the election should, on their expiry, be deemed eo ipso confirmed; that if the bishop refused or neglected within six days to appoint to the said priories or cells and offices the persons elected and nominated by the prior and chapter, and in the two above cases, the prior or his commissary could do so instead. Seeing that, however, as the pope has learned, bishop Henry has remained, like his predecessors, patron, saving his ordinary right, of the priory, and has every seven years visited the church and the prior and chapter; and that the novices, before being tonsured and assuming the habit, have been wont to be presented by the prior and chapter to the bishop or his commissary and by him blessed by the kiss of peace and the sign of the Cross in token of reception and admission, being afterwards tonsured and clothed with the habit, and then received by the bishop or his commissary to make their solemn profession; that the bishop has been wont to confirm the chapter's election of a prior, or if not canonical to annul it, and to appoint, from the monks of the church of Norwich, the priors of Lynn (Lennya), Yarmouth (Gernemuta), Aldeby and Hoxne and the master of the aforesaid hospital, and the officers of the said church, namely the sub-prior, cellarer, sacristan, chamberlain, precentor, and to remove them, and to depute now secular, now regular priests, from the church of Norwich or elsewhere, to be penitentiaries general for hearing confessions and granting absolution even in cases belonging to the bishop, and to remove them; and seeing that, as any intelligent person can see, the said letters, if they took effect, would greatly injure bishop Henry and his successors, the pope hereby, motu proprio, decrees and declares that his intention was and is, by the said or any other letters granted to the prior and chapter, to cause no prejudice to bishop Henry and his successors, and decrees that the receiving of novices by the kiss of peace and benediction, and the receiving of their profession, as also the right of confirming and annulling the prior's election, and of appointing and removing and deputing as above, and all the bishop's other rights, belonging to him by his ordinary authority or on account of his patronage or by custom, shall altogether hold good as if the said or any other letters had not been granted to the prior and chapter, which letters and any consequent proceedings to the bishop's prejudice are hereby annulled, the executors thereof being inhibited from further proceedings. Ad fut. rei mem. Sic decet Romanum pontificem.
Concurrent mandate to the bishops of Telese, London and Ely. Sic decet etc. [5 pp.] [See Cal. Papal Lett. IV, p. 525, and above, pp. 11, 12, 273, 274, 318, 319, 380.]
1403.
2 Id. March.
St. Peter's, Rome.
(f. 13d.)
General inhibition, at the petition of Catherine de Swynforth, noblewoman, relict of John duke of Lancaster, widow, of the diocese of Lincoln, from hindering the executors of her will, under pain of excommunication from which none but the pope may grant absolution except in the article of death. Ad fut. rei mem. Humilibus et honestis.
3 Kal. April.
St. Peter's, Rome.
(f. 15d.)
To all inhabitants of Quadryngedyk, in the diocese of Lincoln. Indult to have masses and other divine offices celebrated in their chapel, situate within the parish of Quadryng, and to have the great bell rung for the purpose. Sincere devocionis.
[8 Kal. May.
St. Peter's, Rome.
(f. 28.)
To John Cosham, deacon, of Chichester. [Rehabilitation etc.] he having, without making mention of his illegitimacy as the son of an unmarried man and an unmarried woman, and without having obtained dispensation, in ignorance of the law caused himself to be promoted to minor orders and those of subdeacon and deacon, and having ministered therein. Sedes apostolica. [Unfinished and undated. See below, f. 144.]
5 Id. Feb.
St. Peter's, Rome.
(f. 31d.)
To the bishop of Lichfield. Mandate to dispense to marry John Galfridi de Chedlehulme, donsel, nobleman, and Alice, donsel, noblewoman, daughter of Henry Marescalli de Bosdon, nobleman, of his diocese, notwithstanding that they are related in the double fourth degrees of kindred and affinity. Oblate nobis.
8 Kal. May.
St. Peter's, Rome.
(f. 34.)
To John de Crauntton, subdeacon, of the diocese of Lichfield. Rehabilitation, he having, when only a clerk, obtained by collation of the ordinary the parish church of Codyngton in the said diocese, held it for a year and more without being ordained priest and without dispensation, and afterwards, without having had himself promoted to minor orders, caused himself, fearing deprivation, to be promoted to that of subdeacon. He is to resign, and is dispensed to be promoted to all such minor orders, and those of deacon and priest, and to minister therein. Sedes apostolica.
Ibid.
(f. 35.)
To the bishop of Lichfield, the dean of Chester, and the chancellor of Lichfield. Mandate to collate and assign to the above John de Crauntton, the above church, value not exceeding 20 marks, about to become void under the above rehabilitation etc., here recapitulated. Vite ac morum. [Cancelled with strokes, and note in margin by another hand than that of the text: Cassata de mandato quia alibi de anno 10 domini nostri Innocencii [VII] correcta et registrata, A. Ald[imarius.]]
15 Kal. June.
St. Peter's, Rome.
(f. 36d.)
To Richard Flemmyng, clerk, of the diocese of York. Dispensation, if he is in his eighteenth year, or as soon as he attains that year, to hold a benefice with cure, even if a parish church or a dignity, not major, personatus or office, with cure (cum cura), in a metropolitan, cathedral or collegiate church, and to resign it for exchange or otherwise and hold instead another benefice or office with cure (curatum) or dignity or personatus. Laudabilia adolescencie tue.
4 Id. May.
St. Peter's, Rome.
(f. 39d.)
To John Hoton the younger, clerk, of the diocese of York. Dispensation, when he attains his seventeenth year, to hold a benefice with cure, even if an elective dignity, major in a metropolitan or cathedral or principal or (vel) united in a collegiate church, personatus, administration or office, with cure, or a parish church or a perpetual vicarage, and to resign it simply or for exchange as often as he pleases, and hold instead a similar or dissimilar benefice. Vite ac morum.
5 Id. Feb.
St. Peter's, Rome.
(f. 40.)
To Thomas Moston, clerk, of the diocese of Lichfield. Dispensation to him, who is in or about his twentieth year, to hold any benefice with cure, even if an elective dignity, major in a metropolitan or cathedral or principal and united in a collegiate church, personatus, perpetual administration or office, with or without cure, or a parish church or a perpetual vicarage, and to exchange it as often as seems good to him for a similar or dissimilar benefice. Laudabilia tue probitatis.
Ibid. To Adam Hoppewode, clerk, of the diocese of Lichfield. The like dispensation to him, who is in or about his seventeenth year. Laudabilia [tue] probitatis.
1403.
3 Kal. April.
St. Peter's, Rome.
(f. 52d.)
To John Warbald, rector of SS. Peter and Paul's, Bernham, in the diocese of Norwich. Indult to celebrate and cause to be celebrated masses and other divine offices in the chapel of St. Mary in the cemetery of his said church. Sincere devocionis.
5 Id. Feb.
St. Peter's, Rome,
(f. 57d.)
To the archbishop of York. Mandate to dispense Henry, donsel, nobleman, son of Henry de Trafford, donsel, nobleman, and Agnes, damsel, noblewoman, daughter of Richard de Stanap, knight, nobleman, of the dioceses of Lichfield and York, to marry notwithstanding that they are related in the double fourth degree of kindred on both sides. Oblate nobis.
8 Kal. May.
St. Peter's, Rome.
(f. 60d.)
To Richard Eston, rector of West Ichenen, in the diocese of Chichester. Dispensation to him—who has had papal dispensation, as the son of an unmarried man 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 said church, value not exceeding 50 marks—to hold any mutually compatible benefices, of any number and kind, with or without cure, even if canonries and prebends or elective dignities, major or principal respectively, personatus or offices in metropolitan, cathedral or collegiate churches, and to resign them simply or for exchange and hold instead similar or dissimilar mutually compatible benefices. His said illegitimacy and dispensation need not be mentioned in future graces. Vite ac morum.
2 Kal. May.
St. Peter's, Rome.
(f. 63d.)
To John Balderby, clerk, of the diocese of York. Dispensation, as soon as he attains his sixteenth year, to hold any benefice with or without cure, even if a parish church or a dignity, not major, personatus or office with cure (curatum), and to resign it for exchange or otherwise and hold instead a similar or dissimilar benefice. Vite etc.
11 Kal. April.
St. Peter's, Rome.
(f. 66.)
Statute and ordinance and dispensation, as below. Lately Robert, bishop of London, intimated to the pope that formerly he had, on visitation of his church, found an old custom or statute, which canons at their admission had to swear to observe, namely that no canon prebendary should be admitted to reside and receive the emoluments of a residentiary unless he expended in eating and drinking etc. 1,000 or at least 800 or 700 marks or thereabout in his first year, and daily during three quarters or thereabouts of his first year gave the ministers of the choir three choice meals apiece of four or at least three courses (tribus ferculis singulis corum quadruplicatis vel saltem triplicatis), for the supporting of which expenses ten years' revenue would not suffice, even of the fattest prebend but two or three out of the thirty which were instituted in the church; and that, if after a canon had made his first residence and expenses, one of the perpetual vicars of the church complained that he had fallen short of the said custom in the said feasts (conviviis), then he had to entertain (conviviare) again one and all (a capite); in consequence of which expenses and excessive burdens, five canons only, with the dean, were in residence, who disposed of, or rather dissipated, the farms, manors and daily distributions etc. which belonged to the said thirty canons if resident. The pope, at the bishop's petition, abolished the said custom and statute; prohibited their observance in future by the dean and chapter; granted ad cautelam dispensation to canons on account of oaths taken to observe them; willed that future canons should not be bound to take such oath and give such feasts, and that canons, received and to be received, should reside and receive all the above emoluments etc. as freely as any one of the above five canons in residence; added to the said statute and decreed that both canons who had been received and had not given the said feasts, and canons to be received should during their first year, instead of the said convivial expenses under the said custom, be bound to pay, for the conservation of the said church and the amendment of its books and ornaments, etc., 300 marks and no more, unless of their own free will; and ordered the bishop, under pain of excommunication, to cause the pope's said constitution to be observed by the dean and chapter, certain judges or executors being deputed by him for the purpose [Id. July, ao.3. Sparrow Simpson, p. 197.] Afterwards, at the petition of the said bishop and dean and chapter—setting forth that formerly the bishop, with counsel of the late Thomas de Evere, dean, and the chapter, had made a number of statutes and ordinances, especially for observance by canons wishing to reside in person, as is contained in a certain public instrument, of which exemplification is given [as above p. 394, with a few variants, e.g. the spelling Evere throughout, and the spellings pittanciis, Allerthorp, Difford, and (once) Schapewyk]—the pope confirmed the statutes etc. contained in the said instrument. The pope now, at the recent petition of the minor canons and the priests and clerks called choristers, and for the further reform of the statutes of St. Paul's, thus already modified first by himself and then by the said bishop, dean and chapter, as above, now ordains that in future the 300 marks to be paid as above by each new canon residentiary in his first year of residence shall be thus distributed:—each minor canon shall receive 3 marks, the sacristan 2, the chamberlain 2, each perpetual vicar 2, each priest 2, the clerks called choristers 12 among them, 12 marks shall be spent on the fabric of the old work, and the rest of the 300 marks on the conservation of the new work and on the augmentation and amendment of the books and ornaments for divine worship or on other pious uses at the pleasure of the said residentiaries; so that such new residentiary or canon shall not be bound to give any feasts nor feed any minister of the said church within his first year of residence—three vergers (servientibus virgas gestantibus) whose duty is to visit the new residentiary at mid-night, accompany (associare) him to matins, and by day go before him from his lodging to the church and back again, and two bell-ringers (garcionibus campanas pulsantibus), and, to use the petitioners’ words, “double feasters” (duplicibus festariis)—alone being excepted. The canons are hereby dispensed from the observance of oaths contrary to the present new statute and ordinance. Ad fut. rei mem. Quia pro qualitate temporis. [8¾ pp.]
5 Id. Feb.
St. Peter's, Rome.
(f. 73.)
To William Bellers, [bishop] elect of Soldaja [i.e. Sudak, in the Chersonesus] (Soltanien.). Grant to exercise pontifical offices even without his city and diocese when required by diocesans, notwithstanding the clause to the contrary in the provision recently made to him by the pope of the said see. Sincere devocionis. [For the bull of provision (not referred to by Eubel, Hierarchia) to William Belcts de Anglia, a Friar Preacher, under date 5 Feb. 1403, see Ripoll, Bullar. Prædicat. II. p. 454, who has taken it from a Lateran register now apparently missing. See also above, pp. 288 and 480.]
16 Kal. April.
St. Peter's, Rome.
(f. 79d.)
To John Stafford, clerk, of the diocese of Lincoln. Dispensation to him, who is in or about his fourteenth year, to hold a benefice with cure, even if a perpetual vicarage or an elective dignity, major, or principal and unique, respectively, personatus, or office or perpetual administration in a metropolitan, cathedral or collegiate church, and to resign it for exchange or otherwise as often as he pleases and hold instead a similar or dissimilar benefice. Vite ac morum.
2 Id. March.
St. Peter's, Rome.
(f. 84d.)
To William, clerk, of the diocese of Lincoln, son of Philip, baron of the barony of Darcy. Dispensation to him, who is in or about his tenth year, after reaching his fourteenth year to hold any benefice with cure, even if an elective dignity, major, or principal and unique, respectively, personatus, administration or office, with cure, in a metropolitan, cathedral or collegiate church, and to resign it for exchange or otherwise as often as he pleases and hold instead a similar or dissimilar benefice. Nobilitas generis, vite etc. [Without the usual subscription of the corrector, and cancelled with strokes, without marginal note.]
11 Kal. May.
St. Peter's, Rome.
(f. 93d.)
To the archbishop of York. Mandate to absolve William Tempest, knight, nobleman, and Eleanor Tempest, damsel, noblewoman, of his diocese, from excommunication incurred by marrying not in ignorance that they were related, on one side in the third and on the other side in the fourth degree of kindred; and to dispense them, after temporary separation, to contract marriage anew, declaring past and future offspring legitimate. Oblate nobis.
4 Kal. May.
St. Peter's, Rome.
(f. 94.)
To the master and brethren of the poor hospital of St. Peter, otherwise called St. Leonard, York. [Indult] to let to farm to clerks or laymen, and temporarily, the fruits, etc. of their churches and chapels, of their tithes and portions and other possessions. Sincere devocionis.
1403.
15 Kal. June.
St. Peter's, Rome.
(f. 98.)
To Dermit Ohualachayn, clerk, of the diocese of Ross. Grant to him—who formerly, without mentioning his illegitimacy, as the son of a priest and an unmarried woman related in the third degree of affinity, had himself made a clerk; and who has had papal dispensation on account of his said illegitimacy to act as a clerk and be promoted to all holy orders and hold a benefice even with cure—that the said dispensation shall hold good, even though it erroneously contained the word kindred instead of affinity; with dispensation to hold any mutually compatible benefices with or without cure, secular and regular, of any number and kind, even if canonries and prebends and elective dignities, major or principal respectively, personatus and offices, with or without cure, in metropolitan, cathedral or collegiate churches, even if in one of them his father (genitor) has been, is or shall be the immediate possessor, and to exchange the same as often as he pleases for similar or dissimilar mutually compatible benefices. His illegitimacy and dispensation need not be mentioned in future graces. Vite etc. (Pro medietate.)
Ibid. To Gilbert Ohualachayn, clerk of the diocese of Ross. The like. Vite etc. (Pro medietate.)
2 Non. July.
St. Peter's, Rome.
(f. 105.)
To the bishop of Ossory. Mandate, if he find the facts to be as stated, to declare of legitimate birth Richard, Thomas and Walter, brothers, called Tobyn, laymen, of the said diocese, whose parents Walter Fitzjon Tobyn and the late Isabella Tobyn married in ignorance of the existence of an impediment, which they discovered after the birth of their said three sons, namely their relationship, on the one side in the third and on the other side in the fourth degree of kindred. Justis et honestis.
6 Kal. Aug.
St. Peter's, Rome.
(f. 107.)
To William Stak, canon of Lismore. Rehabilitation on account of his having obtained, by collation and provision of William bishop of Ardfert, on its voidance by John Bull, then a secular clerk, becoming an Augustinian canon of Killagh (de Belloloco), in the diocese of Ardfert, the chancellorship of Ardfert, a dignity, not major, with cure, and by collation and provision of Thomas bishop of Lismore, on its voidance by the resignation made thereto of Henry Carthin, the perpetual vicarage of Dungarvan, in the diocese of Lismore, and of his having held them together for a year and more against John XXII's constitution Execrabilis, without having himself ordained priest and without dispensation. He is to resign both. Sedes apostolica.
5 Kal. Oct.
St. Peter's, Rome.
(f. 118.)
To John bishop of Annadown (Enachdunen), dwelling at London. Mandate to summon those concerned and to decide, without appeal, what is canonical in the petition of Richard Anstey, of the diocese of Lichfield, to the effect that when below his fourteenth year or thereabouts he was forced by the friends and kinsmen of Marion Ulger, of the diocese of Lincoln, to contract marriage with her, which marriage was not consummated; and that, upon reaching years of discretion, heedless of the threats of the said persons, he abandoned Marion and contracted marriage with Isabella Jonis, of the diocese of Lichfield. His petition for the nullity of the former and the lawfulness of the latter marriage asserts that he dares not go to Henry bishop of Lincoln, who ought to have been written to in this case, because he over much favours Marion, and is otherwise suspect to him. Oblate nobis.
5 Kal. Oct.
St. Peter's, Rome.
(f. 118.)
To the bishop of London. Mandate to dispense Nicholas Barners, donsel, nobleman, and Marion Barners, damsel, of his diocese, to remain in the marriage which they contracted in ignorance that they were related in the third degree of affinity; declaring past and future offspring legitimate. Oblate nobis.
5 Kal. Oct.
St. Peter's, Rome.
(f. 120.)
To John Barton, rector of Lameyate in the diocese of Bath. Dispensation to him—who has had papal dispensation, as the son of a priest and an unmarried woman, to be promoted to all holy orders and hold a benefice even with cure, after which he was so promoted and obtained the above church, value not exceeding 16 marks—to hold any mutually compatible benefices with or without cure, of any number or kind, even if dignities with cure, major or principal respectively, personatus or offices in metropolitan, cathedral or collegiate churches, and to resign them for exchange or otherwise as often as is expedient to him and hold instead similar or dissimilar compatible benefices. His illegitimacy need not be mentioned in future graces. Vite ac morum.
8 Kal. Oct.
St. Peter's, Rome.
(f. 120d.)
To the bishop of Lincoln. Mandate, if he find expedient, to dispense John Elmeton, clerk, of his diocese, the son of an unmarried man and an unmarried woman, to be promoted to all, even holy orders and hold any mutually compatible benefices, with or without cure, of any number and kind, even if canonries and prebends or elective dignities, major or principal respectively, personatus or offices, in metropolitan, cathedral or collegiate churches, and to exchange them as often as he pleases for similar or dissimilar mutually compatible benefices; and to grant that his illegitimacy need not be mentioned in future graces. Ex parte dilecti. (De mandato, and in margin: De mandato pro salario domini vicecanzelarii.)
10 Kal. March.
St. Peter's, Rome.
(f. 127.)
To William Cantey, priest, of the diocese of Bath. Dispensation to him—who received from the late Pileus, cardinal bishop of Tusculum, then cardinal priest of St. Praxed's, nuncio in those parts, who asserted that he had power for the purpose, dispensation as the son of an unmarried man and an unmarried woman to be promoted to all, even holy orders, and hold a benefice even with cure; by virtue of which he was so promoted, obtained collation of the parish church of Est Bokelonde, in the diocese of Exeter, which he afterwards freely resigned, and ministered in his said orders—inasmuch as it is doubted by some whether the said nuncio had such power from the apostolic see, to minister in the said orders and hold a benefice with or without cure, and to resign it for exchange or otherwise, as often as he pleases, and hold instead another benefice. His illegitimacy need not be mentioned in future graces. Vite ac morum.
1402.
15 Kal. Jan.
St. Peter's, Rome.
(f. 128.)
To the bishop of Durham and the abbots of St. Mary's without the walls, York, and St. Albans. Confirmation and mandate as below. It was lately set forth to the pope on behalf of Alan de Newerke, clerk, of the diocese of York, B.C.L., that without his fault a dissension arose between him and Thomas Flemyng of Newerke, layman, of the said diocese, his carnal brother; that Thomas broke out into words of contumely and defamation against him, violently attacked him and struck him again and again, and at last gravely and enormously wounded him on the head and in other places of his body with a certain great sword, commonly called a ‘baslard,’ and was trying to do worse things; and that Alan, seeing himself likely to be killed, struck Thomas once only in self defence with a certain small knife which he was carrying, from which blow Thomas died. The pope ordered the chancellor of York, without mention of his name, if he found the above to be true, to declare that Alan had not incurred any irregularity. The recent petition of Alan contained that John de Schirburn, chancellor of York, by definitive sentence declared accordingly, which sentence the pope hereby confirms, ordering the above executors to cause it to be observed. Justis et honestis.
1403.
9 Kal. May.
St. Peter's, Rome.
(f. 131.)
To Thomas Stanley, dean of Wells. Relaxation of an oath taken by him as follows. Lately the pope, motu proprio, made provision to him of the deanery of Wells, then void and previously reserved. His recent petition contained that he, who was then in England and was ignorant that about twenty days previously the pope had made him the said provision, agreed under oath with Nicholas Slake, priest, of the diocese of Exeter, who had been in possession of the deanery for some time, to exchange between them Slake's deanery and a number of other benefices with or without cure of his own, and to do their best to have the exchange carried out. The petition added that a few days before or after the agreement Slake was despoiled of the deanery, and that Stanley, who gave no aid to such spoliation, has obtained it by virtue of the above letters and has had possession of it for some time, and that it will be necessary for him to resign the said benefices if he wishes to keep peaceful possession of the deanery. The pope therefore declares that, if the facts be so, he was and is not bound to observe the said oath, relaxes it, ex abundanti cautela, and absolves him from observing it. Justis et honestis.
8 Id. Feb.
St. Peter's, Rome.
(f. 132.)
Annulment of the indults lately granted by the pope to the Augustinian abbot and convent of St. Osith's, in the diocese of London, for the abbot and his successors (i) to use the mitre, ring and all other pontifical insignia, and give, in the monastery and its subject priories and in its parish and other churches, solemn benediction after mass, vespers and matins, provided that no bishop or legate were present [above, pp. 16, 21], (ii) to confer on their canons all minor orders and those of subdeacon, deacon and priest [above, pp. 333, 334]; the recent petition of bishop Robert containing that the said monastery, in which he has the patronage, was founded by certain of his predecessors, and that the said indults are greatly prejudicial to the bishop and his ordinary jurisdiction and to the church of London. Ad fut. rei mem. Apostolice sedis. [See below Reg. CIX, f. 86d.]
5 Id. April.
St. Peter's, Rome.
(f. 137d.)
To the prior of Launceston in the diocese of Exeter. Mandate at the recent petition of John Tecka, perpetual vicar of St. Goronus's, in the said diocese—containing that although a fitting portion consisting of tithes etc. was assigned by authority of the ordinary to the perpetual vicar of the said church, which the provost and chapter of St. Thomas the Martyr's, Glasneye, in Cornwall, hold to their own uses, and that although the burden of repairing the chancel, alike according to the institution of the vicarage as by ancient and hitherto observed custom, devolves on the said provost and chapter, nevertheless the latter have taken to themselves such tithes and impose on John the burden of such repair—to summon the provost and chapter and others concerned, and if he find the facts to be as stated, to restore such tithes etc. and not to permit John to be molested in respect of the said repair or otherwise. Justis et honestis.
5 Kal. May.
St. Peter's, Rome.
(f. 138.)
Declaration, as below, in regard to a certain petition, of which exemplification is given, inserted in a certain roll signed by the pope on 18 Kal. Dec. anno 1 [1389], which roll was inscribed or registered in the register of petitions, viz. for John Tecka, priest, of the diocese of Exeter, provision of a benefice with or without cure, void or to be void, in the common or several gift of the bishop, dean and chapter and each of the canons and persone of Exeter, with the usual clauses. As it is called in question whether the said roll was signed by the pope, as stated above, or whether he revoked it before his general revocation, made on 11 Kal. Jan. last past, of all previous expectative graces made by him to any persons soever, the pope hereby declares that he did sign the roll as above, and that he did not revoke it before such general revocation. Ad. fut. rei mem. Cum de commissionibus.
4 Id. May.
St. Peter's, Rome.
(f. 141d.)
To Robert de Haldenby, donsel, nobleman, of the diocese of York. Indult at his petition—containing that the late Robert de Haldenby, his father, whose heir he is, for the welfare of the souls of himself and his predecessors and successors, founded a chapel of St. Mary the Virgin in his own house (manso) situate in the town of Haldenby and within the bounds of the parish church of Athelyngflete, in the diocese of York, endowing it for a perpetual chaplain to celebrate masses and other divine offices; and adding that the said town and chapel are distant about three English miles from the said church, whereby it is very difficult for the inhabitants of the said town to repair thither for masses and other divine offices, especially in rainy and wintry weather—that the chaplain for the time being and any other fit priests, for the benefit of the said inhabitants, may celebrate masses and other divine offices in the said chapel, without requiring licence of the diocesan, of the rector or perpetual vicar or of any other. Meritis tue magne.
8 Kal. May.
St. Peter's, Rome.
(f. 144.)
To John Cosham, deacon, of Chichester. Rehabilitation on account of his having formerly, without mentioning his illegitimacy as the son of an unmarried man and an unmarried woman, and without having obtained dispensation, had himself, in ignorance of the law, promoted to minor orders and those of subdeacon and deacon and having ministered therein; with dispensation to so minister, have himself promoted to the priesthood, and hold any mutually compatible benefices with or without cure, of any number and kind, even if elective, and even if canonries and prebends [and] dignities, major or principal respectively, personatus and offices, with or without cure, in metropolitan, cathedral or collegiate churches, and to resign them for exchange or otherwise as often as he pleases and hold instead similar or dissimilar mutually compatible benefices. His illegitimacy need not be mentioned in future graces. Sedes apostolica. [See above, f. 28.]
4 Kal. June.
St. Peter's, Rome.
(f. 148d.)
To William Mey, clerk, of the diocese of Exeter. Dispensation to him, who is in his sixteenth year, to hold a benefice or dignity, personatus or office, with or without cure, even if it be a parish church or a perpetual vicarage, and such dignity, etc. be elective. Vite ac morum.
8 Kal. May.
St. Peter's, Rome.
(f. 155d.)
To Richard Leyor (sic), clerk, of the diocese of Lichfield. Dispensation to him—who formerly, without mention of his illegitimacy as the son of a priest and an unmarried woman, and without dispensation, had himself, in ignorance of the law, made a clerk—to have himself promoted to all, even holy orders and to hold any mutually compatible benefices with or without cure, of any number and kind, even if elective and even if canonries [and] prebends [and] dignities, major or principal respectively, personatus and offices, with and without cure, in metropolitan, cathedral or collegiate churches, even if they be in churches in which his father (genitor) was beneficed, and such benefices were held mediately or immediately by his father, and to resign them for exchange or otherwise as often as he pleases and hold instead similar or dissimilar mutually compatible benefices. His illegitimacy may not be mentioned in future graces. Sedes apostolica.
8 Kal. June.
St. Peter's, Rome.
(f. 158d.)
To the prior of Holy Trinity, York. Mandate to commute into other works of piety the vow of chastity which Margaret, relict of William de Slengesby, of the diocese of York, hastily made, after her said husband's death, to the archbishop of York; inasuch as she fears that on account of the frailty of the flesh she will not be able to keep it and therefore desires to marry, to contract which marriage the prior is to grant her dispensation. Exhibita nobis.
1403.
4 Kal. June.
St. Peter's, Rome.
(f. 166d.)
To Thomas, clerk, son of William Bubbewyth, layman, of the diocese of York. Dispensation to hold, after reaching his fifteenth year, any benefice with cure, even if a dignity, major in a metropolitan or cathedral, or principal and unique in a collegiate church, and elective, personatus, administration or office, with cure, or a parish church, or a perpetual vicarage, and to resign it simply or for exchange as often as he pleases and hold instead a similar or dissimilar benefice. Vite ac morum.
Ibid. To Thomas Stirkelande, clerk, of the diocese of York. Dispensation to him, who is in his seventeenth year, to hold any benefice with cure, etc. as in the preceding. Vite etc.
3 Id. June.
St. Peter's, Rome.
(f. 167.)
To Thomas Longley, canon of Salisbury. Absolution from all sentences of excommunication and suspension, and from censures and pains which he may have incurred by entering upon and detaining, by collation of the ordinary, the deanery of York and other titles or benefices specially or generally reserved to the pope; with dispensation and rehabilitation on account of consequent irregularity, if any. Exigit tue devocionis.
15 Kal. June.
St. Peter's, Rome.
(f. 173d.)
To Simon Okayssay, perpetual vicar of Drumrath, in the diocese of Meath. Dispensation to him—who has had papal dispensation, as the son of an unmarried man and an unmarried woman, to be promoted to all, even holy orders, and hold a benefice even with cure, after which he obtained his vicarage—to hold any [mutually] compatible benefices with and without cure, of any number and kind, even if canonries and prebends or elective dignities, major or principal respectively, personatus or offices, in metropolitan, cathedral or collegiate churches, and to resign them simply or for exchange as often as he pleases and hold instead similar or dissimilar mutually compatible benefices. His illegitimacy need not be mentioned in future graces. Vite ac morum.
10 Kal. Oct.
St. Peter's, Rome.
(f. 211.)
To Henry Shelforde, rector of Wyke Regis, in the diocese of Salisbury. Dispensation to him, who holds the above church, value not exceeding 100 marks, to hold for life one other benefice with cure or otherwise incompatible therewith, even if a perpetual vicarage or a parish church or an elective dignity with cure, major, or principal or (seu) unique, respectively, personatus, perpetual administration or office in a metropolitan, cathedral or collegiate church, and to resign both for exchange or otherwise as often as he pleases, and hold instead two similar or dissimilar incompatible benefices. Vite etc. (De mandato.)
3 Kal. Oct.
St. Peter's, Rome.
(f. 211d.)
To Thomas Felde, rector of Rosse, in the diocese of Hereford. Dispensation to him—who holds the above church, value not exceeding 60 marks, and the canonry and prebend of Alme Althmeledin in St. Asaph, value not exceeding 16—to hold for life, with his said church, one other benefice, with cure or otherwise, incompatible therewith, even if etc. as in the preceding. Litterarum sciencia (sic), vite ac morum. (De mandato.)
1403.
8 Kal. Oct.
St. Peter's, Rome.
(f. 213d.)
To the archbishop of Canterbury and the bishop and dean of London. Mandate to assist Walter Cook, canon of Lincoln, in carrying out the faculty—Sincere devocionis affectus, of which exemplification is given, granted to him by the pope on 4 Non. May anno 7 [1396], to found a chapel on land of his parents in the town of Knolle, in the diocese of Lichfield, within the parish of Hampton [Cal. Papal Lett. IV, p. 536]. They are to proceed by ecclesiastical censure against those who make opposition, invoking, if necessary, the aid of the secular arm. Nuper dilecto filio. (De mandato.)
4 Kal. June.
St. Peter's, Rome.
(f. 220.)
To John Burgeys, dean of Aukland in the diocese of Durham. Confirmation of the commission made to him for life by bishop Walter of the poor hospital of St. Mary Magdalene, Schirbons (sic), in his diocese, value not exceeding 200 marks, on its voidance by the death of its rector, called warden, Henry Gudbern, the bishop requiring that by such commission the hospital should not be considered to be an ecclesiastical benefice, nor its nature or foundation be in any wise changed. John's petition adds that he has, under the said commission, peaceably obtained the hospital, and that he has gained three definitive sentences about it in the Roman court. The pope further grants to him—who holds the above deanery, a principal dignity, and the canonry and prebend of Dycwyd in the church of Landeweybitan, in the diocese of St. Davids, value of both not exceeding 300 marks—that as long as he lives he cannot be removed from the said hospital by the ordinary or any other without reasonable cause. Upon his cession or death or otherwise resigning, the hospital is, as the bishop required, to return to its original state. Vite ac morum.
2 Non. June.
St. Peter's, Rome.
(f. 221.)
Confirmation as below. The recent petition of John Fayr warden, called master, of the poor hospital of St. Davidwode, the Confessor, situate within the parish church of St. Mary, Swenesey, in the diocese of St. Davids, contained that Henry, late bishop of St. Davids, founded and endowed, by his ordinary authority, the said hospital for a warden, called master, and six chaplains to celebrate masses and other divine offices in its chapel, and for poor priests broken with age and weakness, and for certain brethren and sisters of the said diocese only; that the said bishop reserved the collation of the hospital to the bishop, and during voidance of the see, to the chapter of St. Davids, and afterwards ordained that if the warden should, after good service, become incapacitated by age or weakness, he should be honourably sustained; that the warden should swear to keep continual personal residence in the hospital or other place within the bounds of the said parish; and that if anyone should obtain the wardenship without observing this form he should be held to have no title; that afterwards the same bishop appropriated thereto, with consent of his chapter, and by the said authority, the said parish church, the patronage of which he had previously acquired, reserving a fitting portion for a perpetual vicar with cure of the parishioners; and that subsequently, the means of the hospital, through pestilences and other evils, daily diminishing, the parish churches first of Llangyouk and then of Oustermouth (sic) in the said diocese, were, by the same authority and with the same consent, appropriated, which three churches the wardens and hospital have held to their uses, namely St. Mary's Swenesey for 60 years, Llangyouk for 50, and Oystermouth for 28 and more, the wardens for the time being and the present warden John causing the cure of the parishioners of Llangyouk and Oystermouth, the value of which, together with Swenesey, does not exceed 100 marks, that of the hospital not exceeding 20, to be served by fit priests appointed at their pleasure, and masses and other divine offices to be celebrated therein. John's petition added that, likewise on account of the said diminution of means, the above number of six chaplains was by some of the wardens reduced to four, the present number, wherefore some persons doubt whether the said appropriations hold good, as also because in neither of the churches of Llangyouk and Oystermouth, at the time of their said appropriations, was a perpetual vicarage instituted, the wardens causing the cure of the parishioners to be exercised by the said fit priests, as does the present warden; and that many doubt whether the wardens ought to be in priest's orders, although in the said foundation it is not clearly provided whether they ought to be in priest's or other holy orders; and that many also doubt whether, in accordance with the said ordinances, the warden is, on account of his wardenship or mastership, deemed to be a perpetual beneficiary or to be in a temporary (temporali) office only; and that he desires the said number of six chaplains to be restored, and by two of them, appointed and removed at the pleasure of the wardens, the cure of the said two churches to be exercised, and masses and other divine offices to be celebrated therein, which two chaplains shall be bound to reside personally therein, one in each. The pope therefore confirms the said appropriations; declares that the past wardens and the present warden John were and are in accordance with the said ordinances, on account of their wardenship or mastership, perpetual beneficiaries and not temporary officers (officiatos temporaneos), exempt from cure of souls on account of all the said appropriated churches, and not bound to take holy orders or the priesthood; and [ordains] that John and his successors, upon the said number of six chaplains being restored, may cause the cure of the said two churches to be exercised by two thereof, who shall be bound to reside in those churches, unless recalled by the warden to the hospital, in which case they may be replaced by other chaplains. Ad fut. rei mem. Dum in mente. (De mandato.) [4½ pp.]
4 Kal. July.
St. Peter's, Rome.
(f. 223.)
To the bishop of Lichfield. Mandate at the petition of William Brinkelowe, rector of Mancestre in his diocese—containing that the prior and brethren of the house of Augustinian friars within the bounds of the said parish church have carried off to their own church or oratory, against the will of the rector, the bodies of a number of the parishioners and even of children deceased within the parish and not having elected to be buried in the said church or oratory, doing the same even before they could be conveyed to the parish church; have usurped the oblations arising therefrom; have not paid to the rector the canonical portion of such oblations and funeral dues, and have hardly permitted such bodies to be conveyed from their said church to the parish church according to the custom of the country for the receiving therein—using their words—of their ultimum vale; and have inflicted and do inflict many other losses on the rector and parish church against the constitution of Boniface VIII, which begins Super cathedram and other constitutions—to summon the said prior, friars and others concerned, and if he find the above to be so, to compel the prior and friars to desist in future, and make satisfaction to the rector for the portions which they have usurped. The bishop is, otherwise, to execute the said constitutions, has the usual faculty to proceed by ecclesiastical censure, etc., and may invoke the secular arm. Exhibita nobis.
5 Id. June.
St. Peter's, Rome.
(f. 226d.)
To the same. Mandate to dispense John [son] of Adam de Bredekirk and Ellen, damsel, noblewoman, daughter of John Buttiler of Rouclyf, knight, nobleman, of his diocese, to marry, notwithstanding that they are related on both sides in the fourth degree of kindred. Oblate nobis.
4 Kal. June.
St. Peter's, Rome.
(f. 229.)
To Roger Strange, clerk, of the diocese of York. Dispensation to him—who has accidentally lost the sight of his right eye, with no evident deformity beyond a slight spot, so that the blindness of the eye is not discernible at a distance—to be promoted to all, even holy orders, minister therein, and hold one, two or more benefices, even if one have cure, and resign them simply or for exchange and hold instead similar or dissimilar mutually compatible benefices. Vite ac morum.
6 Id. July.
St. Peter's, Rome.
(f. 229.)
To Master Bartholomew Francisci, provost of St. Stephen's, Prato, in the diocese of Pistoja, papal notary. Mandate as below. The recent petition of James Symond., archdeacon of Glendalough (Glyndelacen.) in Dublin contained that although he formerly obtained the archdeaconry by collation made under papal authority, nevertheless, after he had held it in peace for some time Maurice Obryn, rector of Trimca in the diocese of Dublin, falsely pretending that it belonged to him under certain papal letters, molested him by pretended judges or executors named therein, despoiling him of great part of the fruits etc., which letters are found inserted, perhaps in haste (per occupacionem) in the papal register. Exemplification is given of letters of pope Boniface (i.)—Nobilitas generis, vite ac morum, which, dated at St. Peter's Rome, Non. Nov. anno 8 [1397], and addressed to the bishop and dean of Clogher and Thomas Wafer, canon of Dublin, state that the above archdeaconry has become void and reserved to the pope under the constitution Execrabilis, because Thomas Snel, when holding the perpetual vicarage of Fyard in the diocese of Cashel [cf. above, p. 204], obtained and held therewith for some time, without dispensation, the archdeaconry, a non-major dignity with cure, and order the said three to collate and assign to Maurice Obryn, rector of the church, with cure, of Trimka in the diocese of Dublin, who is, he says, of noble birth, the said archdeaconry, value not exceeding 30 marks, and to remove Snel or any other, notwithstanding that Maurice holds the rectory of the said church of Trimka, value not exceeding 3 gold florins, which, upon obtaining the archdeaconry, he is to resign; (ii)—Exhibita nobis, which, dated at St. Peter's, Rome, 14 Kal. Jan. anno 14 [1402], and addressed to the bishop of Tuy, the archdeacon of Cashel and Eugene Omanachayn, canon of Killaloe [see below, Reg. CXIII, f. 206d], set forth the petition of Maurice Obrayn, archdeacon of Glendalough (Gleondebacen.), containing that a cause arose between him and Thomas [Snel, now] bishop of Lismore, then priest, of the diocese of Lismore, about the said archdeaconry, provision of which had been ordered by papal authority to be made to Maurice, and which Thomas was unlawfully detaining; that the cause was heard by a certain sub-executor [see above, p. 204] deputed to Maurice under the said mandate of provision, which sub-executor by a definitive sentence removed Thomas and made provision to Maurice; that Maurice obtained letters of execution from the pope addressed to the above Eugene and two others [not here named, see above, p. 204], and that Eugene, proceeding alone, as far as he could inducted Maurice into possession and warned Thomas to resign: and adding that although these proceedings came to the knowledge of Thomas and of James Symonis, clerk, of the diocese of Meath, Thomas made, and then abandoned, frivolous appeals to the apostolic see, after which, and after Thomas had been promoted by the said see bishop of Lismore, James, pretending that the archdeaconry had been void by the said promotion and by the consecration of Thomas, and that it was due to him under certain papal letters, with the support of the [arch] bishop and chapter of Dublin, despoiled Maurice of the archdeaconry, which he had obtained under the said proceedings and had held for some time, and took possession, which he still holds. At the said petition of Maurice the pope confirms the said proceedings and orders the said executors to warn the archbishop and chapter and James, the latter, under pain of deprivation of all his benefices and disability, to resign the archdeaconry and make restitution of fruits, the former, under pain of excommunication, suspension and interdict, etc., to remove James and any other intruder and to admit Maurice to possession, or to appear before the said executors and show cause why, etc., proceeding by ecclesiastical censure without appeal, and invoking, if necessary, the aid of the secular arm. It being clearly evident from the tenours of the above letters, which tenours the pope has caused to be diligently inspected in his chancery, that they differ in several places from the style of the chancery and are otherwise manifestly erroneous, and that the pope does not believe that they proceeded with his knowledge, and that they are therefore not without suspicion of forgery, although apparently sent under his name, he now, at James's petition, orders the above Master Bartholomew, who is, by his order, regent of the chancery, to cause the said letters to be cancelled from the register [see below, Reg. CXIII, f. 206d.] and also the originals, if found, and if thereafter Maurice presume to misuse them, to punish him as suspect of forgery. Justis et honestis. [4¾ pp.]
9 Kal. July.
St. Peter's, Rome.
(f. 233.)
To the bishop of Lichfield. Mandate to dispense Richard, son of Adam de Chaderton, and Mary, daughter of Henry de Longley, of his diocese, to marry, notwithstanding that they are related, from divers branches (stipitibus), in the third and fourth degrees of kindred, and that Richard has carnally known a woman related to Mary in the fourth degree of kindred. Oblate nobis.
Id. June.
St. Peter's, Rome.
(f. 234.)
To John de Brompton, priest, of the diocese of York. Indult to keep a boys’ grammar school (scolas puerorum in gramaticalibus seu facultate gramatice) wherever he pleases in England, inform or instruct the boys, receive a competent salary or stipend, according to the custom of the realm, and convert it to his own uses. Sincere devocionis.
Concurrent mandate to the archbishop of York, the abbot of Thornton in the diocese of Lincoln, and the archdeacon of East Riding. Sincere etc.
6 Kal. Aug.
St. Peter's, Rome.
(f. 235d.)
To Thomas Averey, clerk, of the diocese of Lincoln. Dispensation to him, who is in minor orders only, after attaining his twenty-first year, to be promoted to all, even holy orders and hold a benefice, even if it have cure or be an elective dignity, major or principal respectively, personatus or office, in a cathedral or collegiate church. Vite ac morum.
7 Kal. Sept.
St. Peter's, Rome.
(f. 237.)
To the prior of Bridlyngton, in the diocese of York. Mandate to carry out the exchange desired by Robert Thursk and Nicholas Ryse of their respective benefices, namely the parish church of Yelvertoft, in the diocese of Lincoln, of lay patronage, and the perpetual vicarage of St. Nicholas's, Newcastle-on-Tyne, value not exceeding 100 and 200 marks respectively. Apostolice sedis.
6 Kal. Aug.
St. Peter's, Rome.
(f. 239.)
To Thomas Omalmon, priest, of the diocese of Leighlin. Dispensation to him—who has had papal dispensation, 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—to hold such benefice [even] if in a church in which his father is beneficed, or if his father held the same under the title of an ecclesiastical benefice. Vite ac morum.
19 Kal. Sept.
St. Peter's, Rome
(f 245.)
To the bishop of Clogher. Mandate to dispense Patrick Mackamnayl, scholar, of his diocese, the son of a priest and an unmarried woman related five-fold in the double second and third degrees of affinity, to be promoted to all, even holy orders and hold any mutually compatible benefices, with or without cure, of any number and kind, even if canonries and prebends and elective dignities, major or principal respectively, personatus and offices, in metropolitan, cathedral or collegiate churches, and resign them for exchange or otherwise as often as he pleases and hold instead similar or dissimilar mutually compatible benefices; and to grant that his illegitimacy need not be mentioned in future graces. Ex parte dilecti. (De mandato.)
7 Kal. July.
St. Peter's, Rome.
(f. 277.)
To Stephen, bishop of Ross. Declaration, as below. Lately, while the late Bernard bishop of Ross was at the apostolic see, the pope translated him to Limerick and Peter bishop of Limerick to Ross. Afterwards, upon the death of Bernard at the said see, the pope restored Peter to Limerick, and made provision of Ross, void by the death of Bernard, to Thady Ykeally, Cistercian abbot of Carrigillihy (Fontisvivi) in the diocese of Ross. Subsequently, inasmuch as Thady did not cause the letters of provision to be made out within a year thereof, so that Ross was still void by the death of Bernard, the pope made provision thereof to the above Stephen. Later, circumvented by the false suggestion of Matthew alias Macrobius Ohidirsgoil, archdeacon of Ross, or of certain others, to the effect that Ross was void by the restoration of Peter to Limerick, the pope made provision to Matthew. Stephen's recent petition contained that by virtue of such pretended provision Matthew has violently despoiled him of his government of the see and of his administration of its goods. The pope therefore declares that Ross did not become void by the translation and restoration of Peter, that the provision made to Matthew was and is null, and that Stephen was and is the true bishop, and is to be restored. Provisionis nostre.
Concurrent mandate to the bishops of Civitaten., Cork and Cloyne. Provisionis etc.

Footnotes

  • 1. Opposite a blank space in the text is the marginal note: tale spacium fuit in bulla originali.