Lateran Regesta 453: 1448

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

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'Lateran Regesta 453: 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/pp417-429 [accessed 6 November 2024].

'Lateran Regesta 453: 1448', in Calendar of Papal Registers Relating To Great Britain and Ireland: Volume 10, 1447-1455. Edited by J A Twemlow( London, 1915), British History Online, accessed November 6, 2024, https://prod.british-history.ac.uk/cal-papal-registers/brit-ie/vol10/pp417-429.

"Lateran Regesta 453: 1448". Calendar of Papal Registers Relating To Great Britain and Ireland: Volume 10, 1447-1455. Ed. J A Twemlow(London, 1915), , British History Online. Web. 6 November 2024. https://prod.british-history.ac.uk/cal-papal-registers/brit-ie/vol10/pp417-429.

In this section

Lateran Regesta. Vol. CCCCLIV (fn. 1).

2 Nicholas V.

De Diversis Formis.

1448.
Prid. Id. Sept.
(12 Sept.)
S. Pudenziana's,
Rome.
(f. 11.)
To the bishop of Mayo. Mandate, seeing that James, bishop of Achonry (Akaden.), is at present absent (cumagat presentialiter in remotis), at the petition of William Iheagra (fn. 2), layman, and Hennman Ingiheagra, of the diocese of Achonry (containing that they, knowing that they were related in the simple third and the simple fourth degrees of kindred, committed fornication and had offspring), after imposing penance for incest, to dispense them to marry, notwithstanding the impediments arising from the said kinship; pronouncing the said offspring and that to be born of the marriage legitimate. Oblate nobis. (An. and A. de Cortesiis. | An. xx. de Adria.) [1 p.]
4 Kal. Sept.
(29 Aug.)
St. Peter's, Rome.
(f. 11d.)
To the bishop of St. Andrews. Mandate to dispense Alexander de Esdayl, scholar, of the diocese of St. Andrews, notwithstanding his illegitimacy as the son of a priest and a married woman, to be promoted to all [even] holy orders and hold any compatible benefices, of any number and kind, with and without cure, even if canonries and prebends, dignities etc. and to resign all, simply or for exchange, as often as he pleases. Ex parte dilecti filii. (A. and Ja.Goier. | A. xxxv. de Feletis.) [1 p. +.]
Prid. Kal. Sept.
(31 Aug.)
S. Pudenziana's,
Rome.
(f. 12d.)
To the archbishop of Tuam. Mandate, as below. The petition of Henry Lyncy (fn. 3), layman, and Margaret Fryns, of the diocese of Annadown, contained that formerly, not ignorant that they were related in the third and fourth degrees of kindred, after they had been ordered by certain papal letters to be dispensed to marry notwithstanding the impediment arising from the said kinship, they, in ignorance of the law and without the said letters having been executed (fn. 4), believing that they had been sufficiently dispensed thereby, clandestinely contracted marriage per verba legitime de presenti, consummated it and had offspring; and that it has since come to their knowledge that they are related also in the third and fourth degrees of affinity, wherefore they cannot without dispensation remain in the said marriage. The pope therefore orders the above archbishop, inasmuch as the church of Annadown is canonically united to that of Tuam, to absolve them from sentence of excommunication incurred by the foregoing, enjoining penance etc., and, after temporary separation, to dispense them notwithstanding the impediments arising from the said kinship and affinity, to contract marriage anew, decreeing the said offspring and that to be born of the marriage legitimate. Oblate nobis. (An. and F. de Laude. | An.xxii. de Adria.) [1¼ pp.]
7 Id. Aug.
(7 Aug.)
St. Peter's, Rome.
(f. 41d.)
Annulment, as below. Eugenius IV ordered to be appropriated to the prior and convent of the Carthusian house of Perth (domus Vallis virtutum) in the diocese of St. Andrews the parish church of St. Mary of the Forest of Stryk (rectius Etryk) in the diocese of Glasgow, of the patronage of the earl of Douglas for the time being, so that on the resignation or death of the rector they might take possession etc., without requiring licence of any one. Seeing, however, that the present pope at the beginning of his pontificate annulled all appropriations made by papal or any other authority which had not yet taken effect; and seeing that, as the recent petition of William Medilmast, priest, of the said diocese contained (although the said appropriation had not taken effect before the said annulment, and that William, earl of Douglas, presented him within the lawful time for the said church, then void by the death of John de Borckiuck (rectius Borthuick), to the dean and chapter of Glasgow, the see being void, who instituted him, and that in virtue of such presentation and institution he obtained possession), the said prior and convent, notwithstanding the said annulment, which without doubt came to their knowledge, molest and disturb him, the pope hereby annuls by way of additional precaution (pro potioris tutele suffragio) the said appropriation, imposes perpetual silence on the prior and convent in regard to the said church, and inhibits them to molest William in any way. Ad fut. rei mem.Romani pontificis circumspectio. (An. and G. de Elten. | An. xxx. de Adria.) [2 pp.]
13 Kal. Aug.
(20 July.)
St. Peter's, Rome.
(f. 49d.)
To the bishop of Caithness. Mandate, as below. The petition of Alexander de Suthirland, donsel, and Margaret Maclayde, damsel, of his diocese, contained that formerly, not in ignorance that they were related in the second and third degrees of affinity, in order to keep peace between their parents, kinsmen, connexions (affines) and friends, who are many and powerful, they contracted marriage per verba legitime de presenti, consummated it and had offspring. Seeing that Alexander, who is brother-german of the earl of Suthirland, and Margaret cannot therefore remain in the said marriage without papal dispensation, and that if there were a divorce (divortium) very great dissensions, brawls and scandals would probably follow and the slaughter of more than five hundred men (fn. 5), and that Margaret would remain for ever defamed) the pope hereby orders the above bishop to absolve them from sentence of excommunication incurred, enjoining penance etc., and, after temporary separation, to dispense them, notwithstanding the impediment arising from the said affinity, to contract marriage anew, decreeing the said offspring and that to be born of the marriage legitimate. Oblate nobis. (A. and Ja. Goier. | A. xxx. de Feletis.) [1 p.]
6 Id. July.
(10 July.)
St. Peter's, Rome.
(f. 84d.)
To the abbot of Rossglas in the diocese of Kildare (Daren.). Mandate, at the recent petition of the dean and chapter of Kildare and Eugenius Okaymain, rector of P(re)molt alias Balebyrley. in the diocese of Kildare, to create a new (de novo creare) canonry in the said church, and to erect into a prebend thereof, for a perpetual resident canon, the rectory of the said parish church, together with its fruits etc. value not exceeding 10 marks sterling a year, utterly suppressing the name of the said rectory, which church is in a solitary and deserted place, and whose cure has been wont to be exercised by a perpetual vicar, and the rectory of which is held by the said Eugenius; and, in the event of their doing so, to collate and assign such newly created canonry and the prebend thus erected to the said Eugenius, who has studied for fourteen years in non-university studia of canon and civil law, (fn. 6) and who was lately [sic] (fn. 7) dispensed by papal authority, notwithstanding his illegitimacy as the son of unmarried parents, to be promoted to all, even holy orders and hold any compatible benefices, of any number and kind, with and without cure, even if canonries and prebends, dignities etc. and to resign them all, simply or for exchange, as often as he pleased. Apostolice sedis providentia. (A. and F. de Laude. | A. xxx. Tercio Non. Augusti Anno Secundo. de Feletis.) [3 pp. See below, f. 211.]
Ibid.
(f. 87d.)
To Thady Omana, rector of Gesill alias Cylleo sive Grecurmary (fn. 8), in the diocese of Kildare (Daren.). Grant, as below. Eugenius IV (on being informed by him that Nicholas Haonclay (fn. 8), clerk, of the said diocese, a public fornicator, had committed perjury, dilapidated the possessions of the said church, and committed divers other crimes and excesses [not here named]) ordered certain judges [not here named], if and after Thady accused Nicholas before them etc., to summon Nicholas, and if they found the above to be true, to deprive and remove him, and in that event to collate and assign the church to Thady. At his recent petition to the present pope—containing that Maurice Bremychca (fn. 8), prior of the Augustinian priory of St. Mary, Ballyboggan (Landadey), in the diocese of Meath, deputed by John Kyng, prior of Molynget (rectius Molynger), of the said order and diocese of Meath, one of the said executors, proceeding to execution, found the above to be true, deprived and removed Nicholas, and collated and assigned the church to Thady and made him provision thereof; and adding that in virtue of the said collation and provision he obtained possession of the church, in regard to which he afterwards, in the course of litigation against Nicholas, gained a definitive sentence of adjudication in his favour, which became a res judicata, and that it is alleged by some that the church became and is at present void otherwise than as above, wherefore he fears molestation—the pope hereby grants to him, to whom provision was lately ordered by the said authority to be made of a canonry of Kildare and the prebend of Ramgayn, value not exceeding 8 marks sterling, of which he is not in possession, that the said collation and provision and their consequences shall hold good from the date of these presents, even if the said church, value not exceeding 36 marks sterling, became void in any other way [than as above] etc. Vite etc. (A. and G. de Elten. | A. xvi. Sexto Id. Augusti Anno Secundo. de Adria.) [2 pp. See below, f. 210.]
Kal. June.
(1 June.)
St. Peter's. Rome.
(f. 105.)
To Richard Tuloch, clerk, of the diocese of Orkney. Dispensation to him (who was lately dispensed by authority of the ordinary, notwithstanding his illegitimacy as the son of a priest and an unmarried woman, to be promoted to minor orders and hold a benefice without cure, after which he had himself made a clerk) to be promoted to all, even holy orders and hold any compatible benefices, of any number and kind, with and without cure, even if canonries and prebends, dignities etc., and to resign them all, simply or for exchange, as often as he pleases. Vite etc. (A. and Nicasius. | A. xxxv. de Feletis.) [1 p. +.]
6 Kal. Oct.
(26 Sept.)
S. Pudenziana's,
Rome.
(f. 116d.)
To Master Thomas Spens, canon of Glasgow, M.A., a notary apostolic. Faculty to him, who is of noble birth, to resign three of his benefices, with or without cure, even if canonries and prebends, dignities etc., for purpose of exchange only, to the ordinary or any other ecclesiastical dignitary of his choice, without requiring licence of the apostolic see or any other, and for such ordinary etc. to carry out the exchange.Grata devotionis obsequia. (A. and Cyprianus. | A. xxx.de Feletis.) [1. p.]
3 Kal. Sept.
(30 Aug.)
St. Peter's, Rome.
(f. 186.)
To Cornelius Omulalaid, bishop of Emly. Grant etc. as below. The pope has this day translated Cornelius Ocunlis, [now] bishop of Clonfert, then of Emly, being at the apostolic see, from Emly to Clonfert, and has translated the above Cornelius Omulalaid from Clonfert to Emly, void by the said translation. Seeing that, as the pope has learned, some doubt whether the church of Emly did not become and is void because the said Cornelius Ocunlis resigned the rule thereof and all right therein or thereto to the pope, or by the death of Thomas de Burgo, sometime bishop of Emly, or by the revocation of the provision lately made by the apostolic see to Robert Anglicus and the annulment of the letters drawn up in the matter, the pope hereby grants that the letters of translation of the said Cornelius Omulalaid shall hold good as if mention had been made therein of the said resignation, death, revocation and annulment, or of the voidance of the church in any other way; and specially dispenses him (who was lately dispensed by papal authority, notwithstanding his illegitimacy as the son of unmarried parents, to be appointed bishop and exercise the rule and administration of Clonfert, to which church he was then to have been appointed by the said authority, and to which he was so appointed) to be similarly bishop of Emly, and exercise the rule and administration thereof. The pope moreover, for the fuller effect of his translation made, as above, from Clonfert (of which he never had possession (fn. 9) ) to Emly, hereby annuls all other provisions of that church to the above expressed persons and to all other persons, and all other appointments of bishops thereto, makes provision thereof to the said Cornelius, and appoints him its true, sole and undoubted bishop. Ut cunctarum presertim cathedralium ecclesiarum provisiones. (A. and G. de Callio. | A. Gratis de mandato. de Feletis.) [2⅓ pp. See above, p. 388, and below, f. 213d. The provision made by Eugenius IV of the see of Emly to the above Cornelius Ocunlis, a Friar Minor, is in Cal. Lett. IX, p. 435.]
14 Kal. Nov.
(19 Oct.)
S. Pudenziana's,
Rome.
(f. 191.)
To the bishop of Exeter. Mandate to dispense John Lucombe, layman and Agnes Harri, of his diocese, who formerly, in ignorance that, as they afterwards learned, John's father had been Agnes's godfather at her baptism, contracted marriage per verba legitime de presenti, to remain in the said marriage, notwithstanding the impediment of spiritual relationship; proclaiming offspring born, if any, and that to be born of the marriage legitimate. Oblate nobis. (An. and A. de Cortesiis. | An. xvi. de Adria.) [4/5 p.]
6 Id. July.
(10 July.)
St. Peter's, Rome.
(f. 210.)
To the abbot of St. Mary's, Rossglas, in the diocese of Kildare (Daren.) and the dean of Kildare (fn. 10). Mandate—seeing that Thady Hamana (cf. ‘Omana’ above, f. 87d.) rector of Gessyll alias Cyllio sive Grecurmay, in the diocese of Kildare, has, in the course of litigation against Nicholas Hoaelayn (or Hoaclayn), priest, of the said diocese, won the said church, and that, in consideration of the labour and costs which Nicholas has borne in the course of the litigation and otherwise in the prosecution of his right, Thady consents to the granting of a yearly pension to Nicholas of 12 marks sterling on the fruits etc. of the church) after Thady has expressly consented, to reserve and assign the said pension to Nicholas for life, to be paid by Thady and his successors, with sanctions for delay in payment, etc. Vite etc. (A. and F. de Laude. | A. xiiii. Sexto Id. Augusti Anno Secundo.de Feletis.) [2 pp. +. See above, f. 87d.]
15 Kal. Aug.
(18 July.)
St. Peter's, Rome.
(f. 211.)
To Eugenius Ocaemayn, clerk, of the diocese of Kildare (Daren.) Rehabilitation etc. as below. His recent petition contained that formerly, notwithstanding his illegitimacy, as the son of unmarried parents, he had himself made a clerk, and that on the parish church of Premolt in the diocese of Kildare becoming void (because John Oconalqn had obtained, canonically collated to him by authority of the ordinary, the parish church of Kiullclonfert in the said diocese) William, bishop of Kildare, made collation and provision to him thereof, without his having obtained dispensation on account of the said defect, under pretext of which he obtained and still holds possession, taking the fruits (fn. 11). The pope therefore rehabilitates him, who has studied canon and civil law (fn. 12), requires him to resign, and specially dispenses him to be promoted to all, even holy orders and hold any compatible benefices, of any number and kind, with and without cure, even if canonries and prebends, dignities etc., and to resign them all, simply or for exchange, as often as he pleases, notwithstanding the said defect etc.Sedes apostolica, pia mater. (A. and G. Gonne. | A.xxxv. de Feletis.) [1¾ pp. See above, f. 84d.]
Ibid.
(f. 213d.)
To the bishop of Clonmacnoise (Cluanen.). Mandate, as below. Lately, on the voidance of the church of Clonfert by the death of Thomas, the pope made provision thereof, previously reserved, to Cornelius, [now] bishop, then [bishop] elect of Clonfert, a Friar Minor, S.T.B., in priest's orders. At the recent petition of the said Cornelius (containing that John Whyte, [now] a bishop in the universal church, to whom (before the said provision) provision had been made by the pope of the same church, then void as above, proposes to resign the rule and administration and all right therein and thereto) the pope hereby orders the above bishop to receive and admit for this turn only the said bishop John's resignation. In the event of his doing so, the pope decrees that the said provision of Cornelius and its consequences shall hold good from the date of these presents, even if the said church be void by the said resignation, or by the translation formerly made of the said Thomas to Tuam, or by the death of Henry Ychomraygh. Ad ea ex apostolice. (—. and Jo. de Steccatis. |—) (fn. 13). [1¼ pp. See above, f. 186 and p. 388.]
4 Kal. Sept.
29 Aug.
St. Peter's, Rome.
(f. 226.)
To the abbot of St. Mary's, Leix (de Lege dei), in the diocese of Leighlin. Mandate, as below. The recent petition of Bernard Ycurryn, priest, of the diocese of Leighlin, contained that after the perpetual vicarage of Ymissill in the said diocese became void [in a way not here expressed], and had been so long void that by the Lateran statutes its collation had lapsed to the apostolic see, the late John, bishop of Leighlin (perhaps ignorant of the said lapse, and considering that the fruits etc. of the said vicarage and of the rectory (which is said to be of the patronage of laymen) of the said church were so slender (fn. 14) that a rector and a perpetual vicar could not well be maintained therewith, and considering that the rectory and vicarage could be conveniently served by one man), united, with the counsel and assent of the chapter of Leighlin, the vicarage in perpetuity to the rectory. At the said petition, adding that Bernard, similarly ignorant of the said lapse, under pretext of the said union obtained possession of the vicarage and rectory, on their becoming successively void, and is still in possession; and seeing that the said union, in accordance with the foregoing does not hold good, and seeing that the rectory and vicarage are still void in the same way as they were void before the said union, the pope (hereby absolving Bernard from simony in the matter, if any, and rehabilitating him by reason of his having obtained the rectory in accordance with a dispensation granted to him by papal authority, notwithstanding his illegitimacy 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, and of his having obtained the vicarage, without any other dispensation on account of the said defect, and his having detained them for several years, taking their fruits) orders the above abbot, if he find the facts to be as stated, to unite in perpetuity the said vicarage (which according to some is of the patronage of the said laymen, according to others is in the gift of the rector of the said church, and according to others is in the gift of the bishop of Leighlin) to the said rectory, value not exceeding 4 and 8 marks sterling respectively, so that Bernard may take possession of them and convert their fruits to his and their uses; notwithstanding that Martin V ordered, before the said union, provision to be made to him of the rectory, and that the present pope has recently granted provision to be made to him of the said rectory and vicarage, which were then said to be void in certain ways.Ad ea libenter. (An. and Jo. de Steccaciis [sic], G. de Elten. | An. xxx. de Adria.) [2⅓ pp.]
5 Id. April.
(9 April.)
St. Peter's, Rome.
(f. 249.)
To Nicholas Carent, dean of Wells, licentiate of laws (in legibus). Indult to him, who is a secretary of Margaret, queen of England, to take and to rent, let or grant to farm or yearly pension to any persons, even laymen, the fruits etc. of his benefices, whilst residing in the Roman court, or studying letters at an university, or being in the service of the said queen. Litterarum sciencia, vite etc.
Concurrent letters to the bishops of Ossero (Ausaren.) and Salisbury, and the abbot of Abingdon in the diocese of Salisbury. Hodie dilecto filio. (A. and G. de Elten, Nazarius. | A. xx. xviii. de Feletis.) [2¼ pp.]
3 Kal. Aug.
(30 July.)
St. Peter's, Rome.
(f. 256.)
To Richard Oleaglor, clerk, of Leighlin. (fn. 15) Rehabilitation etc. as below. His recent petition contained that formerly the rectory of Kyllabon (spelt ‘Kyllaban’ in the following mandate) in the diocese of Leighlin, of the patronage of the king of England for the time being, became void by the death of Donatus Odeorayn, and was so long void that by the Lateran statutes its collation lapsed to the apostolic see, but that James le Botiller, earl of Ormonde, having power from Henry, king of England, the patron, presented the above Richard to Thomas, bishop of Leighlin, who instituted him, and that, in virtue of certain letters of Eugenius IV, he accepted the rectory within the lawful time, and got provision made to him thereof; that subsequently the said bishop, considering the slenderness of the fruits etc. of the canonry and prebend of Paneston in Leighlin, which Richard was also then holding, not exceeding 10s. of the money of those parts, united in perpetuity, with consent of the said patron and of the chapter of Leighlin, the said rectory to the said canonry and prebend; and that under pretext of the said presentation and institution he took possession of the rectory and has held it for about eight years, taking the fruits. The pope therefore rehabilitates him, but requires him to resign the rectory. Sedes apostolica, pia mater. (An. and F. de Laude. | An. xvi. de Adria.) [12/3 pp. See the following mandate.]
Ibid. To the abbot of St. Mary's, Leix (de Lege dei), in the diocese of Leighlin. Mandate, as below. The recent petition of Richard Oleagler (cf. the preceding), clerk, of the diocese of Leighlin (fn. 16), contained that formerly, on a canonry of Leighlin and the prebend of Paneston therein becoming void by the resignation of Thomas Lales to Thomas, bishop of Leighlin, that bishop made collation and provision thereof to the said Richard, who in virtue thereof obtained possession. It has been to-day set forth to the pope on behalf of Richard (fn. 17), that ‘formerly the rectory of Kyllaban (spelt ‘Kyllabon' in the preceding rehabilitation) in the diocese of Leighlin … the pope has rehabilitated him, but required him to resign the rectory’ (as in the preceding). Seeing that, in accordance with the foregoing, the above union is null, and seeing that, as the said petition added, Richard doubts whether the said collation and provision of the canonry and prebend hold good, and seeing that, as the pope has learned, the said rectory and canonry and prebend are still void as above, the pope hereby orders the above abbot, if he find that the said union was made for the said reason, to unite the rectory, which is without cure (its cure having been wont, as Richard alleges, to be exercised by a perpetual vicar), after Richard has resigned, in perpetuity to the said prebend and, if he find Richard fit, to collate and assign the said canonry and prebend, value not exceeding 10s. of the said money [of those parts], that of the rectory not exceeding 20 marks sterling, whether they be void as above, or the rectory be void by the death of John Ymorra, or because the above Donatus held it for more than a year without having himself ordained priest, or be void in any other way, to the said Richard (whom the pope hereby absolves from all sentences of excommunication etc. in so far only as regards the taking effect of these presents) together with the said annex [i.e. the united rectory]. Apostolice sedis circumspecta. (An. and A. de Cortesiis. | An. xxx. (fn. 18) de Adria.) [5¾ pp. See the preceding rehabilitation.]
12 Kal. Sept.
(21 Aug.)
St. Peter's, Rome.
(f. 259d.)
To Thomas, elect of London. Faculty to him, to whom the pope recently made provision of the said church [above, p. 387], to be consecrated by any catholic bishop, assisted by two or three others. The consecrator is thereafter to receive from him and send to the pope the usual oath of fealty by Thomas's letters patent sealed with Thomas's seal; without prejudice to the archbishop of Canterbury the metropolitan.Cum nos nuper. (A. and B. de Monte. | A. xvi. de Feletis.) [¾ p.]
6 Id. July.
(10 July.)
St. Peter's, Rome.
(f. 266.)
To the bishop of Kildare (Daren.) Mandate, as below. The petition of Odo Ochoncoir, nobleman, of the diocese of Kildare, contained that after he had committed fornication with a sister-german of Honora Nigenmicgiullapadric (i.e. ingen Micgiullapadric), damsel, of the same diocese, and with another woman related to Honora in the third degree of affinity, he, not ignorant thereof, contracted marriage with Honora per verba legitimate de presenti, and consummated it and begat offspring. Seeing that the foregoing is unknown to Honora's friends and to all others, the pope orders the above bishop to absolve Odo from excommunication incurred, enjoining penance etc. and, after temporary separation, to dispense them, notwithstanding the impediments of spiritual relationship (fn. 19) and affinity, to contract marriage anew and remain therein, decreeing legitimate the said offspring and that to be born of the marriage. Oblate nobis. (An. and G.Gonne. | An. xxii. de Adria.) [1⅓ pp.]
9 Kal. Aug.
(24 July.)
St. Peter's, Rome.
(f. 268.)
To the bishop of Winchester. Mandate to dispense William atte Broke, layman, and Joan Lynch, relict of William Chowyng, of the parish of St. Mary, Upham, of his diocese, to remain in the marriage which they formerly contracted per verba legitime de presenti and consummated, and had offspring, in ignorance of an impediment of spiritual relationship arising from the fact that the said William Chowyng, whilst living in matrimony with the said Joan, had been godfather at the baptism of a son of the said William atte Broke: decreeing the said offspring and that to be born of the marriage legitimate. Oblate nobis. (An. and A. de Cortesiis. | An. xii. de Adria.) [1 p.]
7 Id. May.
(9 May.)
St. Peter's, Rome.
(f. 275.)
To the archdeacon of Achonry (Akaden.). Mandate, as below. The recent petition of John Ycluman, rector of the united parish churches of Kyllmactaig and Killluothreand in the rural lands of Beanfada and Officaire respectively, in the diocese of Achonry, Thatianus (fn. 20) Ycearnaid, priest, of the said diocese, and Cormac Yagra and John Flavus also Yagra (fn. 21), the lords of the said lands, contained that although the said churches have long been ruled and governed by one rector called [the rector] of Officaire and Beanfada, such mortal (capitales) enmities have arisen between the said lords that the said churches, which are of the patronage of laymen, cannot be peaceably and quietly ruled and governed by one rector; and added that if the union of the said churches were dissolved, and it were ordained that henceforward in perpetuity they should be ruled and governed by two rectors, and if, in order that the fruits etc. of the said churches might be equal, two townlands called [the townlands] of Dubcarnd in the said rural lands of Beanfada were annexed to the said church of Kyllluothreand or to the rural lands of Officarie (fn. 22), it would be to the great advantage of the said churches and their parishioners. At the said petition, alleging that the value of the fruits etc. of the said churches does not exceed 16 marks sterling a year, the pope hereby orders the above archdeacon, if he find the facts to be as stated, to dissolve the said union, decree that the churches shall henceforth be in perpetuity ruled and governed by two rectors, the rights of patronage being reserved to their respective patrons, appropriate the said townlands in perpetuity, as above, and in the event of his making such separation, decree and appropriation, to collate and assign the said churches of Kyllluothreand and Kyllmactaig to the said John Ocluman (who was lately dispensed by papal authority, notwithstanding his illegitimacy 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) and Thatianus respectively, the said John being hereby specially dispensed for the purpose, notwithstanding the said defect etc. Ad ecclesiarum omnium. (An. and Ja. de Vicentia. | An.xxx. Pridie Non Julii Anno Secundo. de Adria.) [2¼ pp.See below, Reg. Lat. CCCCLVA, f. 259d.]
5 Kal. July.
(27 June.)
St. Peter's, Rome.
(f. 294.)
To the precentor (cantori), the chancellor and the archdeacon of Aberdeen. Mandate, as below. The recent petition of John, bishop of Moray, contained that after for certain causes, then stated, he had by his ordinary authority judicially (sentencialiter) deprived William de Turribus, clerk, of his diocese, of the perpetual vicarage of Foras in the same diocese, and William had alleged that the bishop had gravely injured him in the matter, a suit arose between them in the apostolic palace before divers auditors, and William gained a definitive sentence (fn. 23) which became a res judicata, with costs in his favour, taxed at a certain sum of gold florins, and got letters of execution, under pretext whereof he caused the bishop to be required and monished, under pain of sentences of excommunication etc., to obey the said sentence and make satisfaction to William in respect of the said costs. At the said petition (adding that although the bishop, like a true son of obedience (fn. 24), always was and still is ready to obey the said letters, and that an agreement was therefore negotiated and subscribed (fn. 25) between them, William has by guile and fraud caused the bishop, always ready to obey the said letters, to be declared to have fallen under the said sentences etc. and to be publicly proclaimed excommunicate, to his great ignominy and shame; and that he is still ready to obey the said sentence and letters) the pope orders the above three to summon William and others concerned, and if they find that the bishop has obeyed the said sentence and letters, to decree the sentences of excommunication etc. pronounced after such obedience to have been null and void, and if he has not obeyed to absolve him, after he has obeyed the said sentence and has made satisfaction to William in respect of the said sum, from the said sentences etc., enjoining penance, dispense him on account of irregularity, if any, contracted by celebrating masses or other divine offices or being present thereat, or exercising pontifical offices, or otherwise contracted whilst under such sentences etc., and rehabilitate him. Graciosa sedis apostolice. (An. and Ja. Goier. | An.xxx. de Adria.) [2 pp.]
7 Id. Aug.
(7 Aug.)
St. Peter's, Rome.
(f. 298d.)
To the bishop of Glasgow. Mandate, at the recent petition of William, earl of Douglas (containing that to the praise and glory of God and for the welfare of his soul and the souls of his progenitors he desires the parish church of Douglas in the diocese of Glasgow, of his patronage, to be erected into a collegiate church, a provostship to be instituted and created therein from the rectory, and thirteen prebends for as many canons, and that for their maintenance he proposes and intends to assign 20 marks of the usual money of Scotland) after the earl has assigned such rents and goods as, together with the fruits etc. of the parish churches of Foresta, Culter and Glenquhon in the said diocese, whose value does not exceed 80l. sterling, the bishop shall esteem sufficient for the purpose, to erect the said church of Douglas into a collegiate church, with all the collegial insignia etc. of other collegiate churches of the diocese, to create and institute from the fruits etc. of the church of Douglas a provostship, a principal dignity, for a provost who shall preside over the chapter and persone of the church, and shall have the cure of souls of the said chapter and persone, and whose presentation shall belong for ever to the earl of Douglas for the time being, and his institution to the ordinary, and to create and institute from the said other fruits etc. the said prebends for as many canons, the collations of which prebends when void shall belong for ever to the provost for the time being; to unite and appropriate the said churches of Foresta, Culter and Glenquhon, which are also of the patronage of the earls of Douglas for the time being, to the capitular mensa for ever, the said three churches to be served by the holders of the said prebends. The bishop is to receive the resignations of the holders of the said three churches, and reserve and assign to them yearly pensions for life from the fruits etc. of the said mensa, appoint daily distributions for those of the said provost and prebendaries who are present at divine offices, and make other ordinances and statutes, as he shall see fit. The burdens of the said three churches shall be borne by the provost and chapter, as by their rectors before such union. Ex superne providencia, (An. and G. de Elten. | An. c. de Adria.) [4 pp.]

Footnotes

  • 1. This mention is the only indication of the friar's nationality. It does not always occur in similar dispensations; cf. above, ff. 262 (on p. 414 note), 264 and 264d, and below, f. 312d.
  • 2. On the back of the volume is the usual modern label, in Italian: ‘Nicolò V. 1448. Anno 2. Lib. 2.’ A flyleaf has, in different contemporary hands, ‘Secundus De Diversis Formis anno secundo domini nostri Nicolay pape Vti .’ and ‘R(ecipe) Angiuele.’ The same contemporary description, viz. ‘Secundus de diversis …,’ occurs also on the bottom edge of the volume, as usual. There are ff. 1–313 of text.
  • 3. The surname has been corrected.
  • 4. In the surname the ‘c’ has been corrected from some other letter.
  • 5. litteris ipsis execucioni debite minime demandatis.
  • 6. necnon ultra quingentorum homicidia virorum.
  • 7. per quatuordecim anno[s]studiis particularibus utriusque juris insudavit.Cf. below, f. 211.
  • 8. dudum. But the dispensing letters are dated 18 July, 1448, below, f. 211, i.e. later than the present letters.
  • 9. The writing of the proper names is very indistinct throughout this grant, the letters being vaguely shaped, especially c, e, r, t, and hardly distinguishable. Cf. below, f. 210.
  • 10. cuius possessioni ut asseris nunquam incubuisti.
  • 11. i.e. two executors only.
  • 12. The clause ‘tuque collacionis et provisionis huiusmodi pretextufructus percipiens ex eadem eciam de facto’ is added in the margin, with the subscription of ‘A.’ [de Feletis].
  • 13. qui ut asseris litterarum studio utriusque juris studio insudasti, the first ‘studio’ being cancelled by ‘A.’ [de Feletis]. The text is probably incomplete; cf. above. f. 84d.
  • 14. The usual ‘An.’ in the left margin, and the terminal subscription after the date, viz. ‘An.de Adria’ are wanting. Their omission is accounted for by the following note in the left margin: ‘Ista littera non est registrata, de mandato domini nostri, sed ad cameram suam portata et assignata domino J[acobo Vannucci de Cortonio] episcopo Ariminensi, An(tonius) de Adria.’
  • 15. quod fructusvicarie et rectorie que de jure patronatus laicorum esse dicitur ecclesie huiusmodi adeo essent tenues et exiles … The word ‘dicitur’ is by cancellation and alteration by A(ntoniu)s [de Adria] made out of ‘dinoscitur,’ which the scribe had written.
  • 16. After ‘Leghlinensis’ the scribe had ‘diocesis,’ which is cancelled and over-written ‘A(ntoniu)s.’
  • 17. i.e. the description ‘Leg[h] linensis diocesis’ has here escaped correction by ‘A(ntoniu)s.’Cf. the preceding note.
  • 18. Here the surname is spelt ‘Oleaglor.’
  • 19. A cross in the margin draws attention to a like cross over this fee.
  • 20. publice honestatis et justice.
  • 21. Johannis Ycluman rectoris de Kyllmactaig in de Beanfada et de Killluothrcand in de Officaire terris ruralibus Akadensis diocesis consistentium parrochialium ecclesiarum invicem canonice unitarum et Thatiani
  • 22. et Johannis Flaui etiam Yagra.
  • 23. due villate de Dubcarnd nuncupate in dictis terris de Beanfada existentes ipsi ecclesie de Kyllluothreand seu certis ruralibus de Officarie (sic) applicarentur et appropriarentur. Both forms ‘Officaire’ and ‘Officarie’ occur, each more than once.
  • 24. orta desuper inter ipsos in palacio apostolico coram diversis illius causarum auditoribus materia questionis, dictus Wilhelmus diffinitivamsentenciamreportavit.
  • 25. tanquam verus obediencie filius.
  • 26. concordia tractata et firmata.