Lateran Regesta, 406: 1443-1444

Pages 405-413

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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13 Eugenius IV. (cont.)

De Regularibus.

7 Id. June.
Siena (f. 4.)
To Hugh Somerton, prior of the Augustinian priory of Holy Trinity, Bustlesham Montagu, in the diocese of Salisbury. Indult to him (who is a priest and holds the said priory and a portion therein, whose value does not exceed 10l. sterling and which is wont to be assigned to the prior for the time (being to receive and hold for life with the said priory and portion any secular benefice with cure [only], even if it be a parish church or a perpetual vicarage, free chapel or chantry, even if of the patronage of laymen, and if a dignity etc. in a cathedral or collegiate church. Religionis zelus, vite etc. (An. and pro Petro de Montella, G. de Elten. | An. l. de Adria.)
15 Kal. Jan.
St. Peter's, Rome (f. 25.)
To the abbots of St. John the Evangelist's, Tuam, and St. Michael's, Mayo, in the diocese of Tuam, and the provost of Tuam. Mandate—the pope having learned that Odo Oronayn and Thomas Macconyn, clerks, of the diocese of Tuam, desire to be received as canons of the Augustinian monastery of Holy Trinity, Ballintober (de Fonte Sancti Patricii), in the said diocese; and their recent petition containing that they fear that their reception will be hindered by some or the canons, some of whom are public concubinaries and of evil life and unhonest conversation, and who would prefer to Odo and Thomas some of their kinsmen less fit; and abbot Thomas having also petitioned the pope on behalf of the said Odo and Thomas, as being fit and very necessary for the utility etc. of the monastery—to summon the convent and others concerned, and if they find the said Odo and Thomas fit etc., to cause them, even without the consent of the said convent, to be received as canons, and to receive their profession. Cupientibus vitam. (An. and Ja. Petri. | Æ An. xxiiii. de Adria.)
8 Kal. Feb.
St. Peter's, Rome (f. 38.)
To the bishops of Aquila and Argyll. Mandate as below. The recent petition of Michael Gray, preceptor, and the canons of the house of St. Anthony near the town of Leith in the diocese of St. Andrews, of the order of St. Augustine, contained that the late James, king of Scots, began about fourteen years ago to build the said house, with church, hospital, cloisters, dormitories, refectories and other necessary offices, with the intention that a preceptor and several canons of the said order should continually remain therein and serve at mass and other divine offices, that poor persons and those affected with the disease called St. Anthony's disease, and noble and honest persons should be received and lodged therein; that although the said king died before he had completed his intention, nevertheless since his death a preceptor and four canons of the said order have remained in the said house; that poor and noble and other persons have been received and lodged and received refreshment and charity, and still do so; that the place in which the said house was founded, and in which, before the said building was begun, wayfarers suffered many dangers, plunderings and other evils, is now turned into a house of devotion and piety; and that divers magnates and other nobles of the realm, when they come to the royal parliament in a place near the said house, are received and lodged, as well as sailors on their way to a certain seaport also near the said house. At the said petition—which added that the petitioners busy themselves with the building, and propose to devote themselves to its completion, to the better provision for poor and other comers, the easier maintenance of the preceptor and canons, and the keeping of hospitality etc.; that the fixed (certi) fruits of the said house are slender, and that the collections (queste) made in the realm in the name of the monastery of St. Anthony in the diocese of Vienne, of the said order (on which depend the said house and its preceptorship, which is general, and by canons of which it is wont to be governed) are slight (modice) in comparison with the burdens of the said house; and that they fear lest, for want of means, they may fail in so useful and laudable a purpose; that the devotion of the faithful of the said realm towards the said Saint is daily increasing; and that there is no other house in the realm of the said Saint and order—the pope hereby orders the above two bishops, if they find the above to be true, to appropriate in perpetuity the parish church of Liston in the said diocese, value not exceeding 60l. sterling, to the said house, the fixed value of which and of its preceptorship does not exceed 6 gold florins of the camera; so that on the cession or death etc. of the rector John Gray, a master in medicine, to whom a life pension shall be paid, they may take possession etc. as usual, a yearly portion of 20l. sterling being reserved for a perpetual vicar. Ad ea per que (An. and Cyprianus. | An. lv. de Adria.) [4½ pp. See below, f. 218.]
Kal. July.
Siena (f. 81.)
To the priors of Molycourt and Newstede in the dioceses of Norwich and Lincoln. Mandate to grant to John Pekyrk, a Benedictine monk of Thorney in the diocese of Ely, who is almost a septuagenarian, suffers from divers infirmities and cannot with a quiet mind remain in the said monastery, to remove to another monastery or to a priory of the said order. Ad ea ex apostolice. (An. and G. de Elten. | An. xii. de Adria.)
3 Id. July.
Siena (f. 90.)
To the priors of St. John Baptist's by le Naenach and Monaincha (Insula viventium) in the diocese of Killaloe. Mandate to collate and assign to Patrick Ohaly, clerk, of the diocese of Killaloe—whom the pope has this day by other letters ordered them to cause to be received as a canon of the Augustinian priory of Lorrha (Fontis vivi de Lochra) in the said diocese and to receive his profession, and who was lately dispensed by papal authority, as the son of a priest and an unmarried woman related in the fourth degree of affinity, to be promoted to all, even holy orders and hold a benefice even with cure—after he has been thus received and has made his profession, the said priory, conventual, dependent on no monastery or other regular place, value not exceeding 12 marks sterling, void by the death without the Roman court of Nicholas Onuallayn, and ipso facto reserved under the pope's late reservation of all conventual priories; whether it be void as above, or by the death of Donatus Ylachnayn without the said court, or in any other way, and whether it have cure and be elective etc. The pope hereby specially dispenses him, on account of the said defect etc., to receive and hold the priory. Religionis zelus, vite etc. (An. and Ja. Petri | An. xxx. Sexto Kal. Augusti Anno Terciodecimo. de Adria.)
6 Id. Jan.
St. Peter's, Rome. (f. 112d.)
To Peter, bishop of Ossero (Auseren.), residing in the Roman court. Mandate as below. Martin V—upon its being set forth to him by Dominic, abbot, and the convent of the Benedictine monastery of St. Columba, Iona (Insula de Hy), in the diocese of Sodor, that a number of abbots of the said monastery, of noble race, had kept as their concubines certain women, also of noble race, by whom they had begotten offspring, and had from the goods of the said monastery, as if their own inheritance, made grants to the said concubines and offspring, in many ways dilapidating the said goods, and that the said nobles entered the monastery and made their profession not out of devotion but for the sake of the administration of its goods—made an ordinance and statute to the effect that in future nobody of noble race, of whatsoever dignity etc., from whose reception scandal might probably follow, should by authority of papal letters be received or admitted in the said monastery, decreeing void such letters and their consequences etc. Subsequently the said pope, having learned that Fyngonius Fyngonii, then an acolyte, of the said diocese, desired to enter the said monastery, ordered the abbot of Dunfermelyn in the diocese of St. Andrews and Malcolm Macdugaylbyg and Duncan Doncani, canons of Lismore, to cause the said Fyngonius (who alleged that he was of noble race and had studied canon law for some time, and that the said Dominic had induced him to swear not to enter as a monk the said monastery to the prejudice and hurt of the said abbot, or profess therein the said order), if they found him fit etc., and after relaxing the said oath, to be received as a monk, and the habit to be given to him etc. Afterwards, as the recent petition of the above abbot and convent to the present pope contained, the said Malcolm and Duncan, under pretext of the said mandate, ordered them under paid of excommunication etc. to receive and admit the said Fyngonius as a monk and give him the habit, and, upon their disobeying, promulgated against them sentences of excommunication etc.; that, after the said Fyngonius, seeming to lament the aforesaid, had freely ceded the said mandate and its consequences, he obtained papal letters addressed to the bishops of Valva and Sodor and the said Duncan, under pretext of which John, bishop of Sodor, and the said Duncan (even after the said abbot and convent had appealed to the apostolic see from sufficient grievances inflicted upon them by the said John, Duncan and Fyngonius) ordered it to be publicly proclaimed that the abbot and convent had incurred the said sentences of excommunication etc., and caused the habit of the said order to be given to Fyngonius by three of the monks of the said monastery, his abettors. The said petition added that both the said first and later letters obtained by Fyngonius are surreptitious because they did not mention the said statute and ordinance and the fact that the said Fyngonius was the son of a certain son of the late Fyngonius, abbot of the said monastery, of noble race, which abbot Fyngonius led a dissolute life, dissipated and dilapidated the goods of the monastery by distributing them to his concubines and sons and daughters, and because, moreover, the said later letters made no mention of the said cession; that the said Fyngonius made a treaty with Mariota Suigniei, of the said diocese of Sodor, that he should have her daughter Mor as his concubine, and pledged and bound himself that he would give and pay to the said Mor 40 cow-lands, of the valuation of those islands, provide her with meat and drink and becoming raiment and treat her honourably as concubine (fn. 2); that the said Fyngonius kept the said Mor as his concubine for some years, after the obtaining of the said prior and before the obtaining of the said later letters; that at the time of the obtaining of the said later letters he was excommunicate; that with a number of his abettors he has violently carried off certain goods belonging to the said monastery; that he is a public fornicator and a perjurer etc.; and that he is held hateful (fn. 3) to the said abbot and convent and to the patron of the said monastery and to the temporal lords of those parts on account of his unhonest life and conversation. At the said petition (alleging that if Fyngonius were received as a monk in the said monastery the said patron would probably cause to be removed and transferred elsewhere the relics and bones of his progenitors who are buried therein, and the precious things which have been given thereto, and that the said patron has by his letters patent asserted that, if the said Fyngonius be received in the monastery, his conscience will not permit him during the time of the said Fyngonius to augment but will rather [bid] him to diminish the said monastery) the pope, at the said petition and those of king James and the said patron and lords, and of the nobles of the islands of those parts, hereby orders the above bishop to summon the said Fyngonius and others concerned, and if he find that in the said later letters obtained by Fyngonius there is no mention of the said statute and ordinance and of the said prior letters, or that he ceded the said prior letters obtained by him and their consequences, or that he has kept a concubine and bound himself to her, or that at the time of the said later letters he was a public perjurer or was under the greater excommunication, or that he is scandalous and useless to the said monastery and hateful to the said patron, or in any other way unfit to hold the said letters obtained by him, (fn. 4) to absolve the said abbot and convent from the said sentences etc., enjoining penance, dispense them on account of irregularity contracted by celebrating and taking part in masses and other divine offices when under the said sentences etc., but not in contempt of the keys, and rehabilitate them; annul the said letters obtained by Fyngonius and their consequences; decree that the said abbot and convent shall not be bound to receive the said Fyngonius as a monk under pretext of the said letters obtained by him; compel him to put off the said habit; impose perpetual silence upon him in respect of the aforesaid; and do and ordain what else shall be neces ary or opportune, etc. Apostolice sedis circumspecta benignitas. (An. and Ja. de Vincencia. | An. xxxx. de Adria.) [4⅓ pp.]
10 Kal. April.
Siena (f. 186).
To William Barow, a canon of the Augustinian priory of Thornholm in the diocese of Lincoln. Dispensation to him, a priest, to receive and hold for life any benefice with cure only, wont to be governed by secular clerks, even if it be a parish church or a perpetual vicarage, and be of the patronage of laymen, or be a chantry, provided that such benefice be not in a cathedral or collegiate church, and to resign it, simply or for exchange, as often as he wishes. Religionis zelus, vite etc. (An. and Ciprianus. | An. xxv. de Adria.)
8 Kal. May.
Siena (f. 188d.)
To Thomas Joyes, a Friar Minor. Dispensation to him (who has for several years without any interruption served in the chapel of Humphrey, duke of Gloucester, (fn. 5) who has petitioned on his behalf) to receive and hold for life any benefice with cure [only]; with licence and faculty hereby to any collator and patron to collate it to him; notwithstanding the constitutions of Otto and Ottobon, some time papal legates in England, etc. Religionis etc. (An. and G. Gonne. | An. xxx. de Adria.)
15 Kal. June.
Siena. (f. 197.)
To the abbot of Hagneby in the diocese of Lincoln, and the archdeacon and subdean of Lincoln. Mandate, at the recent petition of the abbot and convent of the Cistercian monastery of Revesbi and Thomas Sollay, perpetual vicar of Thetilthorp in the diocese of Lincoln (containing that after the said church had been by authority of the ordinary appropriated to the said monastery, the said abbot and convent took possession on its voidance by the free resignation to Philip, bishop of Lincoln, of the then rector William Benett, and held it to their uses, as they still do, and assigned a fit portion of the fruits etc. of the said church to the late John Murre, priest, whom they presented to the said bishop as perpetual vicar, for him and for his successors, which assignment the said bishop ratified and approved, declaring it sufficient for the said John and his successors, as is contained more fully in the sealed letters of the said bishop and abbot and convent and John) if they find the said assignment, ratification etc. lawful, to approve and confirm them by papal authority. Ad e[xe]quendum pastoralis officii debitum. (An. and Ja. Petri. | An. xx. de Adria.)
Kal. July.
Siena (f. 197d.)
To James, bishop of Adria, residing in the Roman court, Mandate as below. The recent petition of Henry Olathym, a canon of the Augustinian monastery of Monaincha (Insula viventium) in the diocese of Killaloe, contained that the present pope—on being informed by Patrick Omeagra, a canon of the monastery, of the said order, of Sayrkerain in the diocese of Ossory, that the said Henry, then warden of the monastery, of the said order, of Thomdonym in the said diocese of Killaloe, wont to be governed by a warden, neglected to celebrate masses and other divine offices and live decently, kept divers concubines by whom he had begotten offspring, still alive, and uselessly consumed with the said concubines and offspring certain goods of the said monastery of Thomdouym, had simonaically exacted and received goods for the reception of a person as a canon thereof, and had committed other greater excesses and crimes [not here specified] of which he was held defamed (notatus) by good and grave men in those parts—ordered the dean, the treasurer and the chancellor of Killaloe to summon the said Henry and others concerned, and after the said Patrick should accuse Henry before them etc. as usual, if they found true the said expressed, or at least such other greater excesses and crimes, or some of them, to deprive Henry, and in that event to collate and assign the said wardenship to Patrick; that subsequently, after Patrick had made the said accusation etc., he caused under pretext of the said letters the said Henry to be summoned before the said chancellor, who by a definitive sentence made the said deprivation and collation; and that, having appealed therefrom to the apostolic see, Henry made, with oaths and sureties, an agreement with Patrick to the effect that Patrick should hold the said wardenship and that Henry should receive for life certain fruits etc. of the parish church of Balenamella in the said diocese, annexed to the wardenship. The pope, therefore, wishing to favour the said Henry, who is otherwise in many ways commended to him for zeal of religion, honesty of life and manners, and other merits of probity and virtues, hereby orders the above bishop to absolve him for this time only from the sentences etc. incurred by the aforesaid [simony], enjoining penance etc., dispense him on account of irregularity contracted by celebrating masses and other divine offices when under the said sentences etc., not, however, in contempt of the keys, and taking part therein, dispense him to receive and hold any benefice wont to be held by canons of the said order, and rehabilitate him. Solet sedis apostolice clementia. (An. and G. de Elten. | An. xxviii. de Adria.)
10 Kal. Sept.
Siena (f. 208.)
To Thomas Byrd, a Friar Preacher, S.T.M. Dispensation, at his own petition and that of John, archbishop of Canterbury, to receive and hold for life any benefice, even with cure, wont to be governed by secular clerks, within the province of Canterbury, even if it be a parish church or a perpetual vicarage or a chantry, even if of the patronage of laymen, and to resign it, simply or for exchange, as often as he pleases. Litterarum sciencia, religionis zelus, vite etc, (Chri. and _ (fn. 6) | Chri. xxviii. Coronen.)
13 Kal. Aug.
Siena (f. 212d.)
To Thomas Cretynge, a canon professed of the Augustinian priory of SS. Peter and Paul, Ipswich (de Gypwia), in the diocese of Norwich. Dispensation to receive and hold for life any benefice with cure [only], wont to be held by secular or by religious clerks of any order, even if ... pleases, as in the preceding. Religionis zelus, vite etc, (An. and G. de Elten. | An. xxviii. de Adria.)
6 Id. Jan.
St. Peter's, Rome. (f. 218.)
To the bishops of St. Andrews. Glasgow and Brechin. Mandate (seeing that pope John XXII forbade all, except canons of the Augustinian monastery of St. Anthony, in the diocese of Vienne, having faculty from the abbot thereof, to ask or receive in the name of the said Saint, under pretext of any oratory or altar dedicated to him, alms, offerings or legacies, etc.; and seeing that, as the recent petition of the said abbot and convent and of Michael Gray, preceptor of the Augustinian house of St. Anthony, Leth, in the diocese of St. Andrews, contained, the brethren of the houses of Donde and Aberdeen, in the dioceses of Brechin and Aberdeen, and George Cambel, sheriff of Are, and Patrick Elphinsten, priest, of the said diocese of St. Andrews, and a number of others, clerks and laymen, of the realm of Scotland, on account of certain churches, chapels, oratories etc. of theirs, dedicated to St. Anthony, in the name of the said Saint ask and receive alms, alike in person and by others, even laymen, and place boxes for the reception of such alms and make collections in the said churches etc., against the said pope's letters) not to permit the said abbot and convent and preceptor to be interfered with by the said brethren, sheriff and priest, or any others, against the said pope's letters, and otherwise to execute the said letters against the said brethren, sheriff, priest and others, proceeding by ecclesiastical censure, and invoking the aid of the secular arm, etc. Justis et honestis supplicum votis. (An. and Cyprianus. | An. xxii. de Adria.) [See above, f. 38.]
Id. Aug.
Siena (f. 252.)
To the abbot of Jeduorth in the diocese of Glasgow Mandate, at the recent petition of the abbot and convent of the Cistercian monastery of Melrose in the diocese of Glasgow—containing that in a number of high and woody places situate within the bounds of the parish of the church, which is parochial, of the said monastery, and very distant from the said monastery and church, very many storms of rain and wind rage at divers times of the year, by reason of whose severity and the greatness of the said distance the parishioners who live in the said places cannot conveniently go to the said church to hear divine offices and receive the sacraments, and that for the like causes the priest whom the abbot and convent have deputed for the cure of souls of the said parishioners cannot conveniently betake himself to the said places, so that the children of the said parishioners die without baptism and other weak and sick persons without confession, wherefore the abbot and convent propose, from their own means, to found and build in the place called Cotle situate within the said bounds and belonging to the said monastery (which place is so near to the said inhabitants and also to others who live elsewhere and are also parishioners of the said church, that they can conveniently go to it) a chapel, with font, cemetery and other parochial insignia, in which chapel the cure of souls of the said parishioners shall be exercised, their children baptized, marriages solemnized, the dead buried and all sacraments administered, by a fit priest to be appointed and removed by them (fn. 7) and to be maintained at their expense—if the above abbot find the facts to be as stated, to grant the said abbot and convent the necessary licence to found and build etc. as above, and to grant faculty to any catholic bishop of their choice to consecrate such chapel etc. Sacre religionis. (Chri. and Pizolpassis. | Chri. xxx. Coronen.)
15 Kal. March.
St. Peter's, Rome. (f. 267.)
To Morgan ap Rees, a monk of the Cistercian monastery of Strata Florida in the diocese of St. Davids. Dispensation to him, the son of a married man and an unmarried woman, to receive and hold and administer any dignities, even abbatial, of the Cistercian order, even if elective. Religionis zelus, vite etc. (An. and F. de Laude. | An. xxx. de Adria.)


  • 1. On the back of the volume is the usual modern Italian description: Eugenio IV. 1443. Anno 13. Lib. 170. A flyleaf has the contemporary description Secundus de Regularibus Anno xiiio domini nostri Eugenii pape 4, and in a different hand the name Henricus to which is added, apparently in the same hand as the foregoing description, the word Rubricauit. On the same flyleaf is also, in a modern hand, Eugenii pape 4i. No. 170. The above contemporary description also occurs, as usual, on the bottom edge of the volume.
  • 2. et alias predictus Fyngonius Fyngonii, pudicie laxatis habenis, cum dilecta in Christo filia Mariota Suigniei muliere prefate Sodoren. dioc. tractauerit ut dilectam in Christo filiam Mor ipsius Mariote filiam in concubinam haberet, ac cum effectu pepigerit et se obligauerit quod eidem Mor quodraginta vacas dotalicias ad extimacionem consuetam terrarum insularum illarum partium daret et persolueret, ac ipsi concubine esculenta et poculenta necnon pannos competentes ministraret et eciam ut concubinam honorifice tractaret ...
  • 3. exosus reputetur.
  • 4. scu alias quouismodo ad dictas per cum impetratas litteras obtinendum inhabilis existat.
  • 5. The words Carissimi in Christo filii nostri Henrici regis Anglie illustris are cancelled and overwritten A[ntoniu]s, and replaced in the margin by dilecti filii nobilis viri Humfridi ducis Gloucestrie, with the note Cassatum et correctum de mandato domini H(ono)/(rii) Melfien. [cancellariam] Regentis, An. de Adria. There are two other like corrections in the margin necessitated by the change from 'king Henry' to 'duke Humhprey.'
  • 6. The name of the compiler of the minuta is omitted in the margin.
  • 7. per presbyterum ydoneum per alios (rectius eos) et eorum duntaxat nutu ponendum et amouendum. The more correct phrase per eos et ipsorum duntaxat nutu ponendum et amouendum occurs further on.