Lateran Regesta 458: 1450 | 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 458: 1450', 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/pp459-468 [accessed 6 November 2024].

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

4 Nicholas V.

De Exhibitis.



1450. Prid. Kal. Sept. (31 Aug.) Fabriano. (f. 8d.)	To the abbot of St. Mary's, Kells (de Kenlis), in the diocese of Meath and the archdeacon of Kells (de Kenlis) in Meath (fn. 2). Mandate, as below. The recent petition of William Stawagh, layman, of the diocese of Meath, contained that he brought before the official of the bishop of Meath, not by papal delegation, Peter Sleue, layman, and Alice Fremani, man and wife (coniuges), executors of the will of John Stawagh, in regard to certain moveable and immoveable goods, sums of money and other things, and that the said official, proceeding lawfully, promulgated a definitive sentence against them, from which, falsely alleging it to be unjust, they appealed to the archbishop of Armagh, the metropolitan of the place and primate of Ireland, and his court; that in the cause of the said appeal they brought the said William, not by the said delegation, before the official of the said court, who, wrongfully (perperam) proceeding, promulgated an unjust definitive sentence by which he declared the sentence of the said official of Meath to have been and to be bad and the appeal of the said executors good, from which sentence of the said official of the archbishop's court William has appealed to the apostolic see. At his petition for the committal of the cause of this last appeal to judges in those parts, the pope hereby orders the above two to proceed in the cause of the said last appeal, and confirm or reverse according to law (fn. 3) the sentence of the said official of the archbishop's court. Humilibus supplicum votis. (A. and M. Amici. \| A. xvi. de Feletis.) [1¼ pp.]
Ibid. (f. 9.)	To the prior of St. John Baptist's, Athirde, in the diocese of Armagh, the dean of Clogher and Maurice Olergassa, a canon of the same. Mandate, as below. The recent petition of John Leche, canon of Armagh and prebendary of Cluaynfegna in the diocese of Armagh, contained that a suit was introduced before a papal delegate [not named] between Thomas Oculan, clerk, of Armagh, and Solomon Occony, canon of Armagh, the said John's farmer (arrendarius), about the said canonry and prebend; that the said delegate, without the said John or his proctor being lawfully cited, proceeded in the cause and promulgated an unjust definitive sentence against John and in favour of Thomas, who, under pretext thereof, intruded himself in the said prebend, and has for some time taken its fruits; and that afterwards John, archbishop of Armagh, caused the said John Leche and Thomas to be summoned before him; that Thomas offered to prove before him that John had been deprived of all right in the prebend and had renounced it; that the archbishop assigned him a certain term to prove the same, within which term he proved nothing at all, wherefore the archbishop promulgated a definitive sentence against Thomas, by which he adjudged the prebend to John etc., and by his letters monished and ordered Thomas, under pain of excommunication etc. to desist from taking the fruits etc. of the said prebend, notwithstanding which Thomas and his adherents have contumaciously refused to obey the said monition and mandate. The pope therefore orders the above three to summon Thomas and others concerned, and if they find the said archbishop's sentence to have been lawfully delivered, to confirm or reverse it according to law (fn. 4), and, in the event of their confirming it, to impose perpetual silence on Thomas, and publicly proclaim him excommunicate etc. until he obeys the said sentence and the mandates of the church and theirs, invoking if need be the aid of the secular arm. Humilibus supplicum votis. (A. and W. de Gouda. \| A. xvi. de Feletis.) [1¾ pp.]
9 Kal. May. (23 April.) St. Peter's, Rome. (f. 28d.)	To the prior of St. Mary's, Roscomman, in the diocese of Elphin, and Charles Oflannagan and Cormac Omochan, canons of Elphin. Mandate—the pope having been informed by John Ochonyr, clerk, of the diocese of Elphin, that Maurice Oclabayd [‘Ielabaid’ in Cal. Papal Lett., IX, p. 184], a canon of Elphin (to whom belongs as his canonical portion by reason of his canonry of Elphin a moiety, called a rectory, of the tithes of the parish church of Fuaran in the said diocese, sometime assigned to one of the canons of Elphin in lieu of a prebend (fn. 5) ), being a public and ńotorious fornicator, has dilapidated etc. and uselessly consumed a number of the possessions belonging to the said portion; simoniacally shared with another canon of the said church the said rectory (formerly belonging to a certain community in the said church of Elphin, which community many years ago came to an end, wherefore the fruits etc. of the said rectory have for a long time been wont to be assigned in divers portions to a number of canons of the said church in lieu of a prebend); and has committed divers other excesses and crimes (not here expressed), in respect of which he is greatly defamed in those paris (fn. 6) —if and after John (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) accuses Maurice before the above three to summon Maurice, and if they find the above or one of them enough for the purpose to be true, to deprive and remove him, and in that event to collate and assign the said canonry and portion, value not exceeding. 8 marks sterling, to John, whom the pope hereby dispenses, notwithstanding the said defect, to receive and hold them. Vite etc. (T. and G. Gonne. \| T. xiiii. Residuum gratis pro deo. Decimo Kal. Junii Anno Quarto. de Tervisio.) [4 pp. See Cal. Pap. Lett., IX, p. 184.]
8 Id. June. (6 June.) St. Peter's, Rome. (f. 89.)	To the abbot of Inchcolm (Insule Sancti Columbe de Emonia) in the diocese of Dunkeld. Mandate, at the recent petition of Robert de Esdal, priest, of the diocese of St. Andrews (containing that formerly, on the voidance of the perpetual vicarage of Alytht in the diocese of Dunkeld by the death of John Bullok, John, bishop of Dunkeld made collation and provision thereof to the said Robert, who in virtue thereof obtained and still holds possession; and adding that some allege that at the time of the said collation and provision the vicarage had been so long void by the said death that its collation had by the Lateran Statutes lapsed to the apostolic see, wherefore he doubts whether the said collation and provision hold good) to collate and assign to him the said vicarage, value not exceeding 20l. sterling, whether it be void as above, or by the non-promotion to the priesthood of Patrick Forsytht, clerk, of the diocese of St. Andrews, or in any other way. Dignum etc. (T. and A. de Corteaiis. \| T. xx. id. Junii Anno Quarto. de Tervisio.) [2¼ pp.]
13 Kal. Dec. (19 Nov.) S. Maria Maggiore, Rome. (f. 104d.)	To the bishop, the treasurer and the precentor of Dunkeld. Mandate, as below. The recent petition of David [de] Balfour, layman, and Anabella also de Balfour, of the diocese of St. Andrews, contained that formerly William Broun and Alexander de Faffynton, laymen, of the same diocese, falsely alleging that David and Anabella jointly were lawfully bound to give and assign to them certain quantities of corn and other things, brought them, not by papal delegation, before the official of St. Andrews, to whom by ancient custom belongs the cognisance of civil causes between lay persons of the said diocese, and who, wrongfully (perperam) proceeding, promulgated an unjust definitive sentence against them. from which they have appealed to the apostolic see. At their petition for the committal of the cause of the appeal and of the principal matter to judges in those parts, the pope hereby orders the above three to summon William and Alexander 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. (T. and— (fn. 7) \| T. xiiii. de Tervisio) [1½ pp.]
3 Id. Nov. (11 Nov.) S. Maria Maggiore, Rome. (f. 187.)	To the bishops of Durham and Lincoln (fn. 8). Mandate as below. f. 189d., with variants, chiefly verbal. Humilibus supplicum votis. (P. and A. de Cortesiis.\| P xiiii. de Varris.) [1½ pp. There are three marginal corrections, and the letter is cancelled with strokes, with note in the margin:Cassata et alibi registrata propter nimiam cor(recturam), A. de Feletis.]
Ibid. (f. 189d.)	To the bishop of Durham and the abbot of Jervaulx (de Jerouall[is]) in the diocese of York (fn. 9). Mandate, as below. The recent petition of William Hipper and William Hardegate, laymen, executors of the will of the late John Hipper, and Joan Hipper their co-executrix, of the diocese of York, contained that the Benedictine prioress and convent of Maryk in the said diocese, falsely alleging that the said laymen and she, by reason of the execution of the said will, were bound to give and assign to them a certain horse or palfrey, brought them, not by papal delegation, before the commissary of the official of York, who gave an unjust sentence against them, from which they appealed to the apostolic see, in contempt of which appeal the said commissary executed the sentence, and upon their disobeying it, excommunicated them, wherefore they again appealed to the said see, but, lawfully hindered, have not prosecuted the said first appeal within the due time. At their said petition the pope hereby orders the above, if they find the said hindrance true, to summon the said prioress and convent, notwithstanding the said lapse of time, absolve ad cautelam the said laymen and woman, hear both sides, and decide what is just, causing their decision to be observed by ecclesiastical censure. Hamilibus supplicum votis. (A. and A. de Cortesiis, pro Jo. de Reate. \| A. xiiii. de Feletis.) [2 pp. In the margin are seventeen corrections, e.g. from ‘officialis’ to ‘commissarius officialis,’ etc.]

De Regularibus.



4 Id. Sept. (10 Sept.) Fabriano. (f. 202d.)	To the abbot of Lindores (de Londoris) in the diocese of St. Andrews. Mandate to collate and assign the Augustinian conventual priory of the place of Monimusk in the diocese of Aberdeen, dependent on the church of St. Andrews, and value not exceeding 40l. sterling, void by the death of William de Cupro alias Preste, and reserved to the pope under his late reservation of all conventual priories, to David de Haya, a canon of the said priory, who was lately elected, and was instituted by the authority of the ordinary, after and against the said reservation. Dignum etc. (A. and G. Gonne. \| A. xxx. Quintodecimo Kal. Octobris Anno Quinto. de Feletis.) [2½ pp.]
12 Kal. Sept. (21 Aug.) Fabriano. (f. 204.)	To the prior of Monaincha (de Ins[ul]a viventium) in the diocese of Killaloe (Laonien.). Mandate, at the recent petition of the warden and convent of the Augustinian monastery of St. Mary, Thomdomyn, in the diocese of Killaloe (containing that the fruits etc. thereof are so slender that the warden and convent cannot be decently maintained therewith and repair the cloister and other of the buildings which have been in great part burned in consequence of the wars and other sinister events which have long afflicted those parts in times past) to appropriate thereto in perpetuity the parish church of Kyllydiradruim in the said diocese, void by the death of Thady Yanlly, and value not exceeding 20s. of the money of those parts, worth three gold nobles, that of the monastery not exceeding 16 marks sterling; whether it be void as stated, or by the resignation of the said Thady or of John Yloragayn, clerk, of the said diocese, or in any other way, and provided that the cure of souls be not neglected, etc. Ex apostolice nobis. (A. and G. Gonne. \| A. xx. de Feletis.) [2½ pp.]
Prid. Id. Sept. (12 Sept.) Fabriano. (f. 206d.)	To the chancellor of Killaloe (Laonien.), and the priors of St. John's by Nenagh (juxta le lineach) and Monaincha (de Insula viventium), in the diocese of Killaloe. Mandate (the pope having been informed by Maurice Omurayn, canon of the Augustinian priory of Lohra in the diocese of Killaloe, that Patrick Ohanly, prior thereof, has committed simony and perjury, and has dilapidated etc. and uselessly consumed a number of its possessions, and, leading an unhonest life, and even often throwing off the regular habit, has neglected to serve divine offices in the monastery) if and after Maurice (who has made his profession of the said order and was, on the voidance of the priory, elected prior by the convent and confirmed by authority of the metropolitan, and received some of the fruits, which he has converted to its uses; and who formerly, when a secular clerk, paid simoniacally a sum of money to the warden in order that he might be received as a canon, which was done; and whom the pope hereby absolves from the said simony, and from all sentences of excommunication etc. against simoniacs or otherwise incurred by him, as far only as regards the taking effect of these presents, dispenses on account of irregularity, if any contracted by celebrating masses etc. when under the said sentences, and rehabilitates) accuses Patrick before the above three, to summon Patrick, and if they find the above or one of them enough for the purpose to be true, to deprive and remove him, and in that event to collate and assign the priory, which is conventual and depends on no monastery or other religious place, has cure and is elective, and whose value does not exceed 8 marks sterling, to Maurice whether it become void by such deprivation, or be void by the death of Nicholas Ynolayn, or by the resignation of the said Patrick or Nicholas, or be void in any other way. Religionis zelus, vite etc. (A. and Nicasius. \| A. xxviii. Kal. Octobris Anno Quarto. de Feletis. [3¼ pp.]
Non. Sept. (5 Sept.) Fabriano. (f. 209d.)	To the bishop of Lismore, the abbot of St. Mary's, Inishlounaght (de Suryo) in the diocese of Lismore and the treasurer of Lismore. Mandate, as below. The recent petition of Thady Yiky, abbot of the Cistercian monastery of St. Mary, Fermoy (de Castro dei), in the diocese of Cloyne (Clonen.), contained that Nicholas, the then abbot of St. Mary's, Monasteranenagh (de Magio), of the said order, in the diocese of Limerick, the abbot of which is the fatherabbot of Fermoy, summoned to his presence and by a definitive sentence, which became a res judicata, deprived and removed for his faults and demerits Dermit Odorni, then abbot of Fermoy, and that the said Thomas was by the convent elected abbot, consented to the election, and had it confirmed by Gerald, then abbot of the said monastery of Monasteranenagh, and in virtue of the said election and confirmation had himself inducted into possession of the rule and administration; that afterwards the said Dermit, associating with himself Ra[y]mund son of Redmond (Ramundo filio Redimundi) Kyechconduyn, and Edmund Roychu and certain others, clerks and laymen, went in arms to the said monastery of Fermoy, expelled Thady and many of the monks, and intruded himself and still detains the rule and administration: and that, although monished and required by the said Thady and Gerald to desist from his intrusion and permit Thady to enjoy freely the rule and administration, he has refused. Seeing that Thady, from fear of the power of Dermit, Ra[y]mund and Edmund, has no hope of obtaining justice in the city and diocese of Cloyne, the pope orders the above to summon Dermit and others concerned, proceed extrajudicially (fn. 10), and if they find the above to be true, to monish Dermit and the said accomplices within a certain term to desist from the said detention, give up possession to Thady, permit him to enjoy peaceable possession of the rule and administration, make satisfaction to him in respect of all goods usurped by them, under pain of sentence of excommunication etc. and, in case of disobedience, on the expiry of the said term to declare those of the said Dermit and his accomplices who are guilty to have incurred the said sentence etc. and publicly proclaim them excommunicate etc. until they obey. They are also to recover unlawfully alienated goods of the monastery. Justis et honestis. (A. and M. Amici. \| A. xx. de Feletis.) [2¾pp.]
8 Kal.Oct. (24 Sept.) Assisi. (f. 211.)	To the archdeacon of Elphin, Donald Macgillaruaid, a canon, and the official of the same. Mandate, at the recent petition of Nicholas Ofurirgrayd (fn. 11), a canon of the Augustinian monastery of St. Mary, Monaincha (de Insula viventium), in the diocese of Killaloe (Laonien.) (containing that he cannot live like a religious, as he desires, and can no longer remain with a good conscience and peace of mind in the said monastery, wherein he made his regular profession, because the prior and convent, keeping concubines and otherwise living a secular and unlawful life, very often throw off the regular habit (fn. 12), and that he desires to migrate to the priory of St. Mary, Roschoman, of the said order, in the diocese of Elphin, in which, although it is opulently enough endowed, few canons reside) if they find the facts to be as stated, to transfer him as desired, and cause him to be received as a canon of Roschoman. Religionis zelus,vite etc. (A.and Nicasius. \| A. xvi. de Feletis.) [1½ pp. See below, f. 239.]
Prid. Kal. Sept. (31 Aug.) Fabriano. (f. 231.)	To the abbot of St. Marys, Nowan, in the diocese of Meath, and the archdeacon of Kells (de Kenlis) in Meath (fn. 13). Mandate, at the recent petition of the abbot and convent of the Cistercian monastery of St. Mary, Mellifont, in the diocese of Armagh (containing that although they and their predecessors were not bound to the payment of any yearly pension, and have not been monished and required by any collector of the papal camera in those parts to do so, nevertheless John Pursell, archdeacon of Lismore, collector of the papal camera in those parts, has monished and ordered them to pay him within a certain term two ounces of gold, and although he was humbly requested to inspect diligently the privileges [and] exemptions granted to them by the apostolic see, has refused to do so, and has excommunicated them, absent not through contumacy, publicly proclaimed them excommunicate, and placed under interdict places whither they should go, wherefore they have appealed to the apostolic see), after receiving from them a pledge (cautione) that, if the said sentence of excommunication and interdict was lawfully delivered, they will obey the mandates of the above abbot and archdeacon and of the church, to hear and decide the cause, causing their decision to be observed by ecclesiastical censure. Humilibus supplicum votis. (A. and W. de Gonda. \| A. xvi. de Feletis.) [1²/3 pp.]
4 Id. Sept. (10 Sept.) Fabriano. (f. 239.)	To the archdeacon and Donald Macgillaruaig, a canon of Elphin, and the official of the same. Mandate, at the recent petition of Thady Oconchubarr (or Oconchubare or Oconchubair), a canon of the Augustinian monastery of St. Mary, Rillinoir (rectius ‘Killmoir,’ as it is also written) Nassinna, in the diocese of Elphin (containing that he cannot regular habit [as above, f. 211], and that he desires to migrate to the priory of St. Mary, Doren, of the said order and diocese, in which although opulently enough endowed few canons reside) if they find the facts to be as stated, to transfer him as desired, and cause him to be received as a canon of Doren. Religionis etc. (A. and Nicasius. \| A. xvi. de Feletis.) [1½pp.]
5 Id. June. (9 June.) St. Peter's, Rome. (f. 244.)	To the abbot of Feryn in the diocese of Ross. Mandate, at the recent petition of the abbot and convent of the Cistercian monastery of Kynlos in the diocese of Moray (containing that the late Robert, king of Scots, gave to them in frank almoin the patronage, belonging to him from of old, of the perpetual vicarage of Elon in Buchan, in the diocese of Aberdeen, and that Henry [bishop] of Aberdeen, with the consent of the chapter thereof, appropriated in perpetuity the vicarage to the monastery, to which had been already annexed the rectory of the same parish church, in virtue of which appropriation etc. the abbots and convent have for a hundred years peaceably held and possessed the vicarage to their uses. At the said petition, alleging that the value of the monastery does not exceed 140l. sterling, the net value of the vicarage not exceeding 12l. sterling, the pope hereby orders the above abbot, if he find the facts to be as stated, to confirm the said appropriation etc. Pastoralis officii debitum. (A. and G. Gonne. \| A. xxx. de Feletis.) [2½pp.]

4 Nicholas V.



1450. Prid. Id. Nov. (12 Nov.) S. Maria Maggiore, Rome. (f. 254d.)	To Robert Bedall, a canon of the Augustinian monastery of St. Mary, Newburgh (de Novo burgo), in the diocese of York. Indult, at his recent petition (containing that he has passed his forty-second year, that in the past he often suffered from divers infirmities, on account of which the prior of the above monastery underwent great expenses in order that he might be cured, but can no longer support them on account of the other burdens of the monastery, wherefore he remains destitute of all help) to receive and retain for life in commendam any benefice with or without cure, secular or regular of any order, even if a dignity (not in a cathedral church) etc. or a priory (not conventual) etc. Religionis etc. (A. and A. de Cortesiis. \| A. xxx. de Feletis.) [1½ pp.]
4 Kal. Sept. (29 Aug.) Fabriano. (f. 290d.)	To Richard Wolston, a monk of the Benedictine monastery of St. Augustine by Canterbury. Indult (the pope having learned that in the said monastery there are several benefices called chantries and perpetual chaplaincies at altars situate therein, under the names of divers saints, the collation etc. of which belongs by ancient custom to the abbot, and which have been and are wont to be assigned to secular clerks) to receive and retain for life one of such chantries or chaplaincies, if collated to him by the abbot. Religionis etc. (P. and A. de Cortesiis. \| P. xxv. de Varris.) [1 p.]
5 Id. July. (11 July.) Fabriano. (f. 300.)	To the bishop of Coventry and Lichfield and the prior of Kylgworth (sic) in the diocese of Coventry (fn. 14). Mandate, at the recent petition of Thomas Wyse (fn. 15), prior of the Augustinian monastery of Stone in the diocese of Coventry and Lichfield—containing that although the archbishop of Canterbury has not, in virtue of his being primate and legatus natus, any jurisdiction as far as regards imposing a certain way of living or of doing anything in the said monastery, nevertheless John Stokys, auditor of John, archbishop of Canterbury, at the instance of John Welforde, William Hawten and John Awdeley, canons of the said monastery, has made a number of injunctions and rules (capitula) concerning, as he said, its welfare and government (bonum ipsius monasterii et regimen ut dicebat concernentia), ordered them to be observed by the said prior Thomas, compelled him to swear to observe them, and afterwards (inasmuch as prior Thomas had not observed them, which he was not bound to do, inasmuch as they were contrary to the statutes and customs of the monastery which he had previously sworn to observe) excommunicated him, and declared that he had incurred such sentence of excommunication, and also by reason of the aforesaid the guilt of perjury, wherefore he has appealed to the apostolic see—to summon the said canons and others concerned, and after receiving from Thomas an undertaking (cautione) that, if the above bishop and prior find the said sentence just, he will obey their mandates and the mandates of the church, to absolve him conditionally (ad cautelam) from the said sentence, and in the matter of the observance of the said later oath etc., to hear both sides and decide what is just without appeal, causing their decision to be observed by ecclesiastical censure. Humilibus supplicum votis. (T. and Ja. de Vicentia. \| T. xvi. de Tervisio.) [1²/3 pp.]