Lateran Regesta 603: 1464 | British History Online

Calendar of Papal Registers Relating To Great Britain and Ireland: Volume 12, 1458-1471. Originally published by His Majesty's Stationery Office, London, 1933.

Citation:

'Lateran Regesta 603: 1464', in Calendar of Papal Registers Relating To Great Britain and Ireland: Volume 12, 1458-1471, ed. J A Twemlow( London, 1933), British History Online https://prod.british-history.ac.uk/cal-papal-registers/brit-ie/vol12/pp398-401 [accessed 6 November 2024].

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

1 Paul II.

De Exhibitis.



1464. 16 Kal. Oct. (16 Sept.) St. Peter's, Rome. (f. 8d.)	To Theodore, bishop of Feltre, residing at the Roman court. Mandate, as below. It was set forth to Pius II by Alexander Rate, clerk, of the diocese of St. Andrews, that a cause had arisen between him and John Mungummery, clerk, and the late Gilbert Forstar, priest, of the diocese of Glasgow and Brechin, about a canonry of Dunkeld and the prebend of Nonych (or? Monych), collation and provision whereof, then void and reserved to the apostolic see by the death there of Christopher Piot, the said Alexander alleged had been made to him by papal authority, which collation and provision the said John and Gilbert, he alleged, had unjustly opposed, preventing them from taking effect, etc.; that the said pope, at Gilbert's instance, had committed the said cause, although not lawfully devolved to the Roman court, to the above bishop, then a papal chaplain and auditor, who had proceeded short of a conclusion; that whilst the cause was pending the said Gilbert had died at the said see. and that it was alleged by some that neither Alexander nor John had any right. The said pope, therefore, granted a mandate to the above bishop, under date Prid. Kal. Aug.anno 4 [1462], to surrogate Alexander (who was a continual member of the household of the present pope before he became pope) in and to all Gilbert's right, and to collate and assign the said right to him, and moreover, if he found that neither Alexander nor John had any right, to collate and assign the said canonry and prebend, value not exceeding 9l. sterling, to Alexander; notwithstanding that provision had been made to him by papal authority of the parish church of Dumocter (? recte Dunotter) in the diocese of St. Andrews, value not exceeding 16l. sterling, of which he was not in possession, but about which he was litigating before a papal auditor. In order that Alexander may not be deprived of the benefit of the said grant, because pope Pius died before the letters thereof were drawn up, the pope hereby decrees that it shall hold good from the said date, and that the present letters shall suffice as proof thereof; with mandate to the above bishop to surrogate Alexander, as above, collate and assign to him the said right, etc., and moreover, if he find that neither Alexander nor John has any right, to collate and assign the canonry and prebend themselves to Alexander. Rationi congruit. (P. and A. de Cortesiis. \| P. Gratis de mandato. Tertio Id. Decembris Anno Primo.de Varris.) [6²/3 pp.]
6 Kal. Oct. (26 Sept.) St. Peter's, Rome. (f. 34d.)	To the bishops of Ardfert and Sidon. Mandate, as below. The recent petition of Thomas Peyton, layman, of the diocese of Norwich, contained that formerly Agnes Hesewel, of the diocese of Ely, falsely alleging that he had contracted marriage with her per verba legitime de presenti, brought him, not by papal delegation, before Thomas Winturburne, doctor of civil law (fn. 2), auditor of the court of causes of Thomas, archbishop of Canterbury, papal legate in those parts; that the said archbishop, inasmuch as Thomas, not without reason, held Winturburne to be suspect, called up the cause to himself, and committed it to John Druell, doctor of canon and civil law, and Roger Radelif, doctor of civil law (fn. 3); and that although the said John and Roger proceeded to divers judicial acts, nevertheless, because Winturburne, not in ignorance of the said commission, proceeded further in the cause, as well as on account of certain other sufficient grievances inflicted on him by Winturburne in the said cause, he has appealed to the apostolic see. The pope therefore orders the above bishops to summon Agnes and others concerned, hear both sides, as regards the principal matter as well as the appeal, and decide what is canonical, without appeal, causing their decision to be observed by ecclesiastical censure. Humilibus supplicum votis. (B. and M. Amici. \| B. xiiii. Coronensis.) [1¾ pp.]
1464[–5]. Non. Feb. (5 Feb.) St. Peter's, Rome. (f. 75.)	To the abbots of Tonglant, Saulseat and Holywood (Sedis animarum ac Sacri nemoris), in the dioceses of Whiteherne (Candide case) and Glasgow. Mandate, as below. The recent petition of Ninian, bishop of Whiteherne, contained that the late bishop Alexander granted to farm or yearly rent the lands of Baillequhir, Crag, Raspyn, Vallecrath, and Valletasan in the shire (in vicecomitatu) of Wigton, and Bischapton in the shire of Drumfreis’ and the stewartry (in … senescallatu) of Kirkcubrycht, to Robert Vaus, Colurtuby and Suquhan in the said shire of Wigton to Andrew Agnew, Leclachan and Kyraim to Thomas Macdowuell, and Baluanan to John Macylhanch; that, likewise, the late bishop Thomas gave the lands of Houton to John Carnis and Kirkevok to Roland Eluwald (fn. 4), and granted divers other goods, belonging to the episcopal mensa, to the above-mentioned and to divers other clerks and laymen, to some for life, to certain of them for a long time, and to others in perpetuity, in the case of some even with consent of the chapter, some of the said persons being said to have obtained letters of confirmation from the apostolic see. At the bishop's said petition, for the commission to certain good men in those parts of the cause which he intends to bring against the said clerks and laymen about the said lands and goods, the pope hereby orders the above three abbots to summon the said clerks and laymen and others concerned, hear both sides, and decide what is just, without appeal, causing their decision to be observed by ecclesiastical censure. Humilibus supplicum votis. (P. and A. de Cortesiis. \| P. xii. de Varris.) [2 pp.]
1464. 13 Kal. Oct. (19 Sept.) St. Peter's, Rome. (f. 147d.)	To the bishops of London, Sidon and Ardfert. Mandate, as below. The recent petition of Anne Malverne, of London, contained that John Jakis, layman, of London, talsely alleging that he had contracted marriage with her per verba legitime de presenti, brought her before Thomas Wynterburne, clerk, under pretext of a commission from Thomas, archbishop of Canterbury, by his authority as legate of the apostolic see; and that feeling herself unduly aggrieved by the said Thomas (because he placed her in such strict sequestration (fn. 5) that she could not speak with her advocate and proctor for the defence of the cause, and because, although often requested on her behalf, he refused to promulgate sentence and do her justice), she has appealed to the apostolic see. The pope therefore orders the above bishops to summon the said John and others concerned, hear both sides, and decide what is canonical, without appeal, causing their decision to be observed by ecclesiastical censure. Humilibus etc. (B. and A. Amici. \| B. xiiii. Coronensis.) [2 pp.]
6 Kal. Dec. (26 Nov.) St. Peter's, Rome. (f. 184.)	To the archbishop of York and the bishops of Durham and Ardfert. Mandate, as below. The recent petition of Thomas Langton, esquire, of the diocese of York, contained that although he had contracted marriage per verba legitime de presenti with Margaret, noblewoman, relict of Humphrey Stafford, of the diocese of Hereford, had consummated it and had offspring, nevertheless Edward Ferers, nobleman, esquire, of the said diocese of Hereford, falsely alleging that he had previously contracted marriage, likewise per verba legitime de presenti, with the said Margaret, brought the said Thomas, not by papal delegation, before John Stokes, auditor of the court of causes of Thomas, archbishop of Canterbury, papal legate in those parts, who, without summoning or citing the said Thomas, and in his absence, though not through contumacy, promulgated a definitive sentence in favour of the said Edward, and against Margaret and Thomas, from which Thomas has appealed to the apostolic see. At Thomas's said petition, for the commission of the cause to prelates in the province of York, inasmuch as in that of Canterbury he has no hope of obtaining justice on account of the power of the said Edward, the pope hereby orders the above three bishops to take cognizance of the said sentence, and decide what is canonical, without appeal, causing their decision to be observed by ecclesiastical censure. Humilibus supplicum votis. (B. and M. Amici. \| B. xx. Coronensis.) [2½ pp.]