Lateran Regesta 441: 1447-1448 | British History Online

Calendar of Papal Registers Relating To Great Britain and Ireland: Volume 10, 1447-1455. Originally published by His Majesty's Stationery Office, London, 1915.

Citation:

'Lateran Regesta 441: 1447-1448', in Calendar of Papal Registers Relating To Great Britain and Ireland: Volume 10, 1447-1455, ed. J A Twemlow( London, 1915), British History Online https://prod.british-history.ac.uk/cal-papal-registers/brit-ie/vol10/pp345-349 [accessed 6 November 2024].

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

De Exhibitis.

1 Nicholas V.



1447[–8]. 6 Non. March. St. Peter's, Rome. (f. 33.)	To Master John Didaci de Coca, a papal chaplain and auditor. Mandate, as below. The petition of Walter Stewart, canon of Glasgow, contained that a dispute arose lately between him and the late John Borchtwik (sic), priest, William Lychton and Stephen Ker, priests, and David Lyndesay and David Stewart, clerks, of the dioceses of St. Andrews, Glasgow, and Brechin, about a canonry of Aberdeen and the prebend of Banchredeuynny therein, which, on becoming void by the death of John Stewart, Walter (in virtue of letters of Eugenius IV by which that pope had made him provision of a canonry of Aberdeen and another of Dunkeld, with reservation of as many prebends and of a dignity etc. of one of them) accepted, and provision of which was made to him, which acceptance and provision the above five, each of them, opposed, as the last three of them still do, and prevented, as the same three still do, from taking effect; that the cause having, by William's appeal, lawfully devolved to the Roman court, the said pope committed, at William's instance, the cause of the appeal and of the principal matter to the above Master John, already a papal chaplain and auditor, who has, even after the present pope's general continuation of auditors' commissions issued by his predecessor, proceeded, but short of a conclusion. Seeing that, as the said petition added, whilst the case has been pending John Borchtwik has died, and that William has this day surrendered to the pope, by his proctor Thomas Penven, canon of Glasgow, his said cause and all right in or to the canonry and prebend, the pope hereby (holding all Walter's benefices and their values, his dispensations and the state of the said cause to be expressed by these presents) orders the above auditor to surrogate Walter, who is by both parents of a race of barons, in and to all John's right, at the time of his death, and to William's, at the time of his surrender, and to make collation and provision to him of the said right etc. and moreover to collate and assign to him the canonry and prebend themselves, value not exceeding 20l. sterling. Nobilitas generis, vite etc. (An. and G. Gonne. \| An. xxvi. Quinto Id. Aprilis Anno Secundo. de Adria.) [5½ pp. +. See above, p. 256.]
1447. 6 Kal. Nov. (27 Oct.) St. Peter's, Rome. (f. 67d.)	To the dean of Moray. Mandate, as below. The recent petition of William Winerstre (rectius Wincestre), priest, of the diocese of St. Andrews, contained that formerly William Goldsmyth and the late James Innes resigned to John, bishop of Moray, for purpose of exchange their respective benefices, namely, the treasurership of Moray with a canonry annexed and a canonry and prebend of the same, that the said bishop carried out the exchange, and that in virtue of his collation and provision James obtained possession of the said treasurership and annexed canonry; that Eugenius IV (upon its being set forth to him on behalf of David Stewart, canon of Ross, that the said collation and provision were without force because James was at the time excommunicate and publicly proclaimed excommunicate) ordered the abbot of Kinlos, Andrew de Dvnon (sic) archdeacon of Sodor, dwelling in the diocese of Moray, and the official of Moray to summon James and others concerned, and if they found the said invalidation to be the case, to declare the said collation and provision null, and in that event to collate and assign the treasurership to David; that David consequently caused James to be summoned before John abbot of Kinlos and the said official and Andrew, and that they cited James, who appealed from them to the apostolic see; that the said pope committed the appeal to Master William de Fondera, then as now a papal chaplain and auditor, who has proceeded short of a conclusion; that whilst the cause was pending before the said auditor James died, and that bishop John has made by his ordinary authority collation and provision to the above William Winerstre. Seeing that the latter collation and provision are without force, and that David has surrendered to the pope the cause and all his right in or to the treasurership, the pope, calling up to himself the cause and extinguishing it. orders the above dean to collate and assign the treasurership, a non-major dignity with cure, value with the said annexed canonry not exceeding 30l. sterling, to William; notwithstanding that provision was lately made to him by authority of the ordinary of the precentorship (cantoria) of Caithness, a non-major dignity with cure, and its annexed canonry, their value not exceeding 20l. sterling, of which he is not in possession, and about which he is litigating in the apostolic palace, which, upon obtaining the treasurership he is, as he has offered, to resign, if he meanwhile obtain it, or all right therein or thereto. Dignum etc. (Chri. and Ja. de Vicencia. \| Chri. xxx. Decimonono Kal. Januarii Anno Primo. Coronen.) [4½ pp. See Cal. Papal Lett. IX, p. 530.]
1447[–8]. 6 Id. March. (10 March.) St. Peter's, Rome. (f. 96d.)	To the archbishop of Canterbury and the bishops of Lincoln and Winchester. Mandate, at the recent petition of Walter, bishop of Norwich (containing that the inhabitants of the town of Wymondham in his diocese have pertinaciously refused to allow him (fn. 2) to exercise his jurisdiction there and to obey him in matters concerning it, and praying for commission to persons in those parts of all the causes which he intends to bring against them) to summon the said inhabitants etc., hear both sides, and decide extra-judicially what is just (fn. 3), without appeal, causing their decision to be observed by ecclesiastical censure. Humilibus supplicam votis. (Chri. and Anselmus. \| Chri. xii. Coronen.) [1⅓ pp.]
1447 (rectius 1446[–7]). 14 Kal. April. (19 March.) St. Peter's, Rome. (f. 201d.)	To the official of Moray. Decree etc. as below. Eugenius IV (upon its being set forth to him on behalf of Thomas de Sancto Claro, perpetual chaplain in the church of Mansondew near Elgin, in the diocese of Moray, that on the voidance of a canonry of Moray and the prebend of Croy by the resignation of Alan Fvothas to John bishop of Moray, that bishop made collation and provision to the said Thomas, who obtained and was holding possession, but doubted whether the collation and provision held good) granted under date 5 Kal. Feb. (28 Jan.) anno 6 [1437] (fn. 4) a mandate to a certain judge [not here named] if he found Thomas, who is a priest, to be fit, to collate and assign to him the said canonry and prebend, which has cure, their value not exceeding 20l. sterling; whether void as stated, or because the said Alan had held for some time against ‘Execrabilis,’ before the said resignation, the perpetual vicarage of Spynie (de Spineto) in the diocese of Moray together with the canonry and prebend, and notwithstanding that he held the said perpetual chaplaincy (fn. 5), without cure and value not exceeding 3l. sterling. Inasmuch as the said pope died before his letters were drawn up, the pope hereby decrees that the said grant holds good from the date thereof, and that these presents are sufficient proof, and orders the above official to collate and assign as above. Racioni congruit. (An. and G. Gonne. \| An. xxiiii. Septimo Id. Julii Anno Secundo. de Adria.) [3½ pp. +.]
1447. 14 Kal. Sept. (19 Aug.) St. Peter's, Rome. (f. 264.)	To The bishop of London, the abbot of St. Mary's Graces (de Gratiis) near the Tower of London, and the abbot of Bermundesey in the diocese of Winchester. Mandate, as below. The recent petition of Catherine, daughter of the late Philip Butteler, of London, and Richard Strickland of the diocese of London, son of the late Walter Strickland of the diocese of York (fn. 6), contained that after the said Philip and the late Isabel Olney, of the diocese of London, had contracted marriage per verba legitime de presenti and solemnised it in the chapel of Walyngton within the bounds of the parish church of Bodyngton in the diocese of Winchester, the banns being published once (dispensation having been obtained by them, by authority of the metropolitan, not to publish further banns according to the custom of the country), and had cohabited for some time, John Godyn, citizen of London, falsely alleging that he and Isabel had, long before the said contract, contracted marriage per similia verba, brought her, not by papal delegation, before David Pryce, clerk, then official of the episcopal court of London; that (after the said official had, without having obtained any faculty for the purpose from the bishop of London, consented and granted that the cause should be tried in the archiepiscopal court of Canterbury, and after the said Philip's death whilst the cause was thus pending, and after Isabel and Walter had contracted marriage per similia verba and had consummated it) William Lindewode, clerk, then official of the said metropolitical court, proceeding in the cause without summoning Walter, promulgated an unjust sentence, adjudging Isabel to be John's wife, from which Isabel appealed to the apostolic see; and that, the cause of the appeal and of the principal matter having been long ventilated in the Roman court before divers judges, without the said Walter being summoned, John obtained two definitive sentences confirmatory of the said sentence. At the said petition (adding that after the promulgation of the last such sentence Walter and Isabel have successively died, that John has contracted marriage per similia verba with another woman, followed by cohabitation. and that the above Catherine, who is the daughter of the said Philip and Isabel. and Richard, who is the son of the said Walter and Isabel, by the said respective marriages, are still minors, were never summoned in the said cause, nor had a proctor or curator in the said suits, and are grievously injured in fame and honour by the said sentences, especially as regards their legitimacy) the pope orders the above three to summon the said John and others concerned, inform themselves extra-judicially (fn. 7), and if they find the above etc. to be true, to restore, without appeal, Catherine and Richard to their pristine state in regard to the said sentences. as if they had never been delivered and do whatever else is required by law, causing their decision to be observed by ecclesiastical censure. Justis et honestis supplicum votis. (An. and Cyprianus. \| An. xvi. de Adria.) [2 pp.]