Lateran Regesta, 362: 1438

Pages 27-30

Calendar of Papal Registers Relating To Great Britain and Ireland: Volume 9, 1431-1447. Originally published by His Majesty's Stationery Office, London, 1912.

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8 Eugenius IV (cont).

[De Exhibitis.]

Prid. Kal. Jan.
Ferrara. (ff.3r.—4r.)
[To Master Geminianus de Prato, a papal chaplain and auditor.] (fn. 2) Mandate as below, in regard to and recapitulating the pope's late mandate [to the said auditor, under date April 16, 1438, above, p. 23, in the matter of David Carnach and Duncan (de Leighton's) suit about the deanery of Brechin]. The petition of the said Duncan contained that he got possession of the deanery in virtue of the pope's provision, and that the pope has made provision of a certain canonry and prebend of the same church [of Brechin], void by the said possession, to Laurence Pyot, who has likewise obtained possession; and added that the said mandate is greatly to the prejudice of Duncan, who is by both parents of a race of barons. The pope therefore orders [the above auditor], if he find that, in consequence of David's impetration and the said mandate in his favour, Duncan's right in the deanery has been taken away or may be taken away, to annul the same and their consequences; and moreover to decree that Duncan's impetration and the said provision to him and their consequences have held and hold good from the date thereof, and ought to have taken and to take effect, as if David's impetration and the said mandate, and past and future processes arising therefrom, had not been made. The pope's will is that the auditor may and shall proceed in the cause as if David's impetration and the said mandate and processes had not emanated, and that he may and shall terminate it by a single sentence. Dignum etc. Exhibita siquidem nobis. ([An. and _.]† | An. xxxii. de Adria.)

De Exhibitis.

3 Non. Oct.
Ferrara. (f. 66d.)
To the abbot of Cambuskynntth in the diocese of St. Andrews. Mandate as below. The recent petition of Alexander de Kynglassy, priest, of the diocese of St. Andrews, contained that on the voidance of the perpetual vicarage of Mussiwurg (rectius Mussilburg) in the said diocese by the death of William de Lochton he (in virtue of letters of the present pope, ordering provision to be made to him of a benefice with or without cure in the gift of the Benedictine abbot and convent of Dunfermeline and the Cluniac prioress and convent of North Berwicke, in the said diocese) accepted and caused provision to be made to him thereof, it being in the gift of the said abbot and convent, and obtained possession; that after a cause which arose about it between him and Thomas Kyngorne and John Weryth, priests, each of whom claimed it, had been long ventilated before Master Laurence de Arecio, a papal chaplain and auditor, the said John obtained therefrom a definitive sentence against the said Thomas, which became a res judicata; that subsequently, whilst the suit between John and the said Alexander was pending before the same auditor, John ceded the suit and all right in or to the said vicarage; that afterwards the said auditor, by commission of the present pope, admitted the said cession and admitted the late William Bron, priest, to the cause and surrogated him in and to the said right, and, proceeding, gave a definitive sentence in favour of Bron and against Alexander, which became a res judicata. At the said petition, which added that Bron has died without the Roman court without the said sentence being executed against Alexander, who has remained in possession, the pope orders the above abbot to collate and assign to the said Alexander (who was lately dispensed by papal authority, 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 ordained priest) the said vicarage, value not exceeding 10l. sterling, whether it be still void as above, or be void by the death of the said William Bron, or in any other way. Upon obtaining the vicarage the above other letters and their consequences shall be null. Dignum ... Exhibita siquidem nobis. (An. and B. de Monte. | An. xxiiii. Pridie Id. Martii Anno Nono. de Adria.)
De Regularibus.
Prid. Kal. May.
Ferrara. (f. 156d.)
To John, abbot of the Augustinian monastery of St. Osyth in the diocese of London. Grant as below. Upon the voidance of St. Osyth's by the resignation to the late (fn. 3) bishop Robert of Richard (sic), then abbot, now a monk (sic) thereof, and of the priory of St. Botolph, Colchester, immediately subject to the Roman church, by the resignation to the same bishop of the above John, the said bishop admitted the resignations by his ordinary authority, and made provision of St. Osyth's, value not exceeding 200l. sterling, to John, who in virtue thereof obtained possession. Seeing that, shortly before the said provision emanated the said bishop had granted [to John] licence to migrate from St. Botolph's to St. Osyth's, and that on account of the said subjection, some doubt the validity of the said resignation and of the said licence and provision etc., the pope wills that the said resignation and licence and provision etc. and their consequences hold good, and that John can administer the said abbey as if all the aforesaid had been done by authority of the pope and the apostolic see. Sincere devocionis. (An. and Jo. de Reate. | An. xxviii. Tercio Non. Novembris Anno Nono. de Adria.) [See Cal. Lett. VIII, p. 253 (ff. 206d. and 207).]
17 Kal. Sept.
Ferrara. (f. 203.)
To the abbot and convent of the Cistercian monastery of St. Mary, Granard, in the diocese of Ardagh. Exemplification, which shall have the force of the original, from the register of the late Baldassar, called John XXIII, of that pope's letters Racioni congruit, of which they have lost the original, addressed to the bishop of Ardagh, and dated at Bologna, 8 Kal. June anno 1 [1410].
Pope John thereby granted retrospective force, namely from their date, 4 Kal. March anno 1 [1410], to the letters of Alexander V which, by reason of that pope's death, were not drawn up, and by which that pope, at the petition of the above abbot and convent, confirmed their for more than a hundred years or from time immemorial possession
(i) of the parish church of St. Mary alias St. Patrick, Granard, or its rectory, with all its chapels and appurtenances, and all the churches and chapels of the tenement of Cyrecarboy (sic), or their rectories, with all their appurtenances, and all churchesiand chapels of the whole tenement of Delwenethie (sic), in the dioceses of Ardagh and Clonmacnoise, with all their appurtenances, to wit the parish churches of Lochlocha, Lyach, Faygri, Galingy and Theachsaran, or their rectories, and all their chapels and appurtenances, with the condition that the heirs of the late Richard de Tuyt, knight, who had given the patronage of the said churches and chapels to the said monastery, should present the perpetual vicars of the said churches and chapels to the abbot and convent, who should present them to the diocesans for institution, the said vicars to receive half of all the tithes etc., and pay therefrom episcopal and other dues etc., the other half to belong to the abbot and convent;
(ii) of the rectory or moiety of the parish church of St. Mary, Maybrecray, in the said diocese of Ardagh, with all its chapels etc., by gift of the patronage made to them by the late Herbert de la Mare, layman, and his heirs, with the same condition as to presentation etc. as before;
(iii) of the rectories of Dromare (sic) and Lochccrewe in the diocese of Meath, or their moieties, with all their appurtenances, likewise by gift of the patronage made to them by the above Richard, with the like condition of their being governed by perpetual vicars who should take a moiety of all tithes etc. as before, and the abbot and convent the other moiety.
Besides giving retrospective force to the said letters of Alexander V, which further ordered the above bishop to confirm the foregoing gifts of patronage and to appropriate in perpetuity the above churches and chapels, value not exceeding 200 marks sterling, to the said monastery, value not exceeding 100, pope John ordered anew the said bishop to so confirm and appropriate. Provisionis nostre. (An. and Anselmus. | An. l. de Adria.) [5 pp. See a somewhat fuller analysis in Cal. Lett. vi, pp. 234, 235.]
10 Kal. May.
Ferrara. (f. 224.)
To Leyson ap Morys, a Cistercian monk of Lanterna[m] in the diocese of Llandaff. Dispensation to him (who is a priest, and was lately dispensed, 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 be promoted to any dignities, even abbatial, etc. of his order. Religionis zelus, vite etc. (An. and Ja. de Ugolinis. | An. xxx. de Adria.)
3Kal. March.
Florence. (f. 296.)
To the abbot of St. Mary's, and the dean and William Ocyrdhudhayn (sic) (fn. 4), treasurer, of Ferns. Mandate to collate and assign to Patrick Occurryn, monk of the Benedictine monastery of St. Mary de Elfiolo in the diocese of Gubbio (who, without mention of his illegitimacy as the son of unmarried parents, has had himself tonsured) the Benedictine priory of St. Mary, Glascarraig, in the diocese of Ferns, non-conventual, dependant on the monastery of St. Dogmael of [the order of] Tiron, of the same order [of St. Benedict], in the diocese of St. Davids, by whose monks it is wont to be governed, value not exceeding 40 marks sterling, void by the death of Andrew Occurrin; summoning and removing Thady Obreyen, a secular clerk, of the said diocese of Ferns, who has detained it for more than two years without any canonical title. As soon as Patrick obtains possession of the said priory, they are to transfer him from the said monastery of St. Mary [de Elfiolo] to that of St. Dogmael, and cause him to be received as a monk thereof. He is hereby dispensed to act as a clerk, and be promoted to all, even holy orders and hold the priory, notwithstanding the said defect etc. Religionis etc. (An. and M. Pinardi. | An. xxviii. Pridie Non. Marcii Anno Octavo. de Adria.) [See Cal. Lett. vi, p. 235.]


  • 1. On the back of the volume is the usual Italian description: 'Eugenio IV. 1438. Anno 8. Lib. 110.' There is no contemporary flyleaf. On the bottom edge of the volume is the usual contemporary description 'Primus de exhibitis et regularibus anno viii domini nostri Eugenii pape iiiiit.
  • 2. Ff. i and ii are missing, and the top part of f. iii is worn away. The text therefore begins in the middle of the recapitulation of the earlier mandate, at the point at which the provision to Duncan is alleged to have been null on the ground that he got it too quickly, namely at Bologna on May 7, the deanery having only become void by the death in Scotland of Cuthbert Henrici sive Alanson on April 28, that is less than ten days before.
  • 3. bone memorie. On the other hand Reg. Vat. 365, ff. 206d., 207, (Cal. Lett. viii, p. 253) describes bishop Robert as 'venerabilis frater', that is as being alive, in the same year 1438. As the double resignation took place in 1434 (Victoria County History of Essex, II. pp. 159sq.) the latter description must be wrong.
  • 4. Cal. Lett, viii, p. 623, has the spelling 'Ocirdhubayn.'On ff. 217r–219d. is a letter Ad fut rei mem. Ammonet nos suscepta cura dated at Ferrara, Prid. Kal. Oct. 1438, whereby, at the petition of Gerard de Arimino, prior-general of the order of Augustinian friars, the pope, inter alia, modifies an ordinance of Martin V, and ordains that by reason of their extent, the provincial chapters of the provinces of Köln, Bavaria, Rhine, Saxony, Candia, Spain and England shall take place, not yearly, as in the case of other provinces, but every two years.