Lateran Regesta 477: 1452 | 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 477: 1452', 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/pp573-581 [accessed 6 November 2024].

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

6 Nicholas V.

De Exhibitis.



1452. 3 Non. June. (3 June.) St. Peter's, Rome. (f. 22.)	To the bishop of Limerick, the vidame of Reims and Richard Pursell, canon of Cloyne (Clonen.). Mandate, as below. The petition of William Torriger, perpetual vicar of the parish church of Garre in the diocese of Limerick, contained that although he was presented thereto, on its voidance by the death of Malachy Ycondwyb, by the abbot and convent of the Augustinian monastery of Kenissam in the diocese of Bath and Wells, to whom by ancient custom the presentation belongs, to John bishop of Limerick, and by him instituted, in virtue of which presentation and institution he was inducted and obtained possession, nevertheless Gillacius Okeyt, priest, of the diocese of Killaloe (Laonien.), falsely alleging that the vicarage belonged to him, unjustly opposed the said presentation, institution, induction and obtaining of possession, and prevented William from being able to possess the vicarage in peace etc., wherefore William appealed to the apostolic see; that the present pope, at William's instance, committed the cause of his appeal, together with the principal matter, to Master William de Fondera, [now] elect of Oloron, who holds (tenenti) by order of the pope the place of a papal auditor, who pronounced and decreed by his definitive sentence that the said presentation, institution and [in]duction were canonical, and that they ought to have taken and to take effect, that the vicarage had belonged and did belong to William, and adjudged it to him, and that Gillacius did have and had no right in or to it, etc., imposed perpetual silence on him, and condemned him (fn. 2) in the costs, which he afterwards taxed at 24 gold florins of the camera. At the said petition, adding that William doubts whether Gillacius will obey the said sentence, the pope hereby orders the above three to execute the foregoing, solemnly publishing the said sentence where and when they think expedient, cause William to enjoy peaceable possession of the vicarage, and satisfaction to be made to him in respect of the said sum, and aggravate the processes, invoking if necessary the aid of the secular arm. Exhibita nobis. (P. and Jo. Rode. \| P.x. de Varris.) [3 pp. See the next following mandate.]
Non. April. (5 April.) St. Peter's, Rome. (f. 35.)	To the vidame of Reims, the dean of Limerick and Richard Pursel, canon of Cloyne (Clonen.). Mandate, as below. The recent petition of William Tor[ri]gir, clerk, of the diocese of Limerick, contained that formerly, on the voidance of the perpetual vicarage of Garre in that diocese by the death of Malachy Ocondwyff, the abbot and convent of the Augustinian monastery of Kenysam in the diocese of Bath and Wells, to whom by ancient custom the presentation belongs, presented the said William to John bishop of Limerick, who instituted him, in virtue of which presentation and institution he obtained possession; that a cause arose between him and Gillacius Okeyt, priest, of the diocese of Killaloe (Laonien.) (who unjustly opposed the said collation, provision and obtaining of possession (fn. 3), and prevented William from being able to possess the vicarage in peace, alleging, like William, that it lawfully belonged to him), and that upon its lawfully devolving to the apostolic see by William's appeal, the present pope, at William's instance, committed the cause of the appeal and of the principal matter to William [now] elect of Oloron, then as now holding (etiam tunc ….. tenenti) by order of the pope the place of a papal auditor, who promulgated a definitive sentence, which became a res judicata, by which inter alia he adjudged the vicarage to William, and imposed perpetual silence on Gillacius; and added that some allege that the said Malachy died at the apostolic see, wherefore, as also for other reasons, William doubts whether the said presentation and institution hold good. The pope therefore orders the above three to collate and assign to him the said vicarage, value not exceeding 20 marks sterling, whether it be void by the death of the said Malachy within or without the Roman court, or by the successive death of Gilbert Ylcan and Thomas Sales, priests, without the said court, or by the resignation of one of the said Malachy, Gilbert and Thomas, or in any other way. Vite etc. (A. and G. Gonne. \| A. xx. Decimo Kal. Maii Anno Sexto. de Feletis.) [3½ pp. See the preceding mandate.]
5 Kal. April. (28 March.) St. Peter's, Rome. (f. 105.)	To the abbot of St. Mary's, Boyle (de Buellio), in the diocese of Elphin. Mandate, at the recent petition of Thady (Tatheus) Yhanly, priest (fn. 4), of the diocese of Tuam (containing that on the voidance of the parish church of Dunmor in the said diocese by the promotion, made by the present pope, of the late Redmond (Raymundus) Bremygam, bishop of Annadown, to that church and by his consecration administered by order of the apostolic see in the Roman court, Thomas Bremygam the patron presented to the chapter of Tuam, the see being void, the said Thady, who was instituted by the said chapter in accordance with ancient custom, and in virtue of the said presentation and institution obtained possession of the said church and has held it for more than a year, taking the fruits; and adding that he doubts whether the said presentation and institution hold good) to collate and assign the said church, value not exceeding 20 marks sterling, to Thady (who was lately dispensed by papal authority, on account of illegitimacy as the son of unmarried parents, to be promoted to all, even holy orders and hold a benefice even with cure, and whom the pope hereby absolves from all sentences of excommunication etc., as far only as regards the taking effect of these presents), whether it be void as stated, or by the death of the said bishop Redmond in the Roman court, or in any other way. Dignum etc. (P. and Dancardus. \| P. xxii. Kal. Aprilis Anno Sexto. de Varris.) [2¾ pp.]
12 Kal. May. (20 April.) St. Peter's, Rome. (f. 114.)	To the abbot of Holy Trinity, Locque (fn. 5), and the prior of St. Marys, Inchmacnerin (de Insula Macneri), in the diocese of Elphin, and Nemeas Obeollan, a canon of Elphin. Mandate, at the recent petition of Cornelius Machabr[e]chim, priest, of the diocese of Elphin (containing that on the voidance of the perpetual vicarage of Cillmaccallam in the said diocese by the death of John Machabrehim, Cornelius bishop of Elphin made collation and provision by his ordinary authority to the said Cornelius, and subsequently, after Cornelius had in virtue of the said collation and provision obtained possession, the said bishop, without any reasonable cause and without making mention of the said collation and provision, made collation and provision of the vicarage, void as he alleged as above, to Dermit Machabreym, priest, of the said diocese, without his having obtained canonical dispensation for the purpose on account of his illegitimacy as the son of a priest and an unmarried woman; and adding that he doubts whether for certain causes [not here expressed] the said collation and provision made to him hold good) to collate and assign to the said Cornelius, whom the pope hereby absolves from all sentences of excommunication etc., as far only as regards the taking effect of these presents, and dispenses on accoóunt of irregularity, the said vicarage, value not exceeding 10 marks sterling; summoning the said Dermit, and removing [him and] any [other] unlawful detainer. Vite etc. (P. and G. Gonne.P. x. Residuum gratis pro deo. Quinto Id. Maii Anno Sexto. de Varris.) [2¼ pp.]
1452. 13 Kal. June. (20 May.) St. Peter's, Rome. (f. 117.)	To the prior of St. Andrews and Walter Stewart, canon of Brechin (fn. 6). Mandate etc., as below. The recent petition of Walter Stewart and John Balfour, priests, of the diocese of St. Andrews, contained that upon a cause arising between the said Walter and Thomas Laudre [now] elect of Dunkeld, then of lower rank (fn. 7), about a certain canonry and prebend and the treasurership of Glasgow, the present pope, at William's instance, committed it, notwithstanding that it had not by its nature devolved to the Roman court, to Master Anthony de Thosabetis, a papal chaplain and auditor; and that subsequently, after the said auditor had proceeded short of a conclusion, the pope made provision to Thomas of the church of Dunkeld, and ordered the said John to be surrogated in and to all the right which belonged to the said Thomas elect at the time of the said provision in and to the said canonry and prebend and treasurership, and to the prosecution and defence of the said cause in the place of the said elect, and granted provision to be made to him of the said canonry and prebend and treasurership; and added that the merits of the cause can be better and more conveniently made clear in [those] parts than in the said court, and cognizance had of it and the cause terminated there with less labour and costs to the parties. The pope therefore, calling up with the consent of the said parties the cause to himself, hereby orders the above two to resume, with like consent, the said cause, hear it further and decide and terminate it, causing their decision to be observed by ecclesiastical censure. Humilibus supplicum votis. (O. and G. Gonne. \| O. xvi. Pontanus.) [1¾ pp.]
10 Kal. July. (22 June.) St. Peter's, Rome. (f. 156d.)	To the bishops of Spoleto and Emly, and the treasurer of Limerick. Mandate, as below. The petition of Maurice Walche alias Bretnach, perpetual vicar of Corkymyde in the diocese of Limerick, contained that although provision was made to him of the said vicarage by authority of the ordinary on its voidance by the death of John Ychatyl, and although in virtue thereof he obtained possession, and had held it for about twelve years, taking the fruits, nevertheless, upon Richard Oronayn, priest, of the said diocese, falsely relating to the present pope that Maurice had committed certain crimes and excesses, then expressed, the pope by other letters ordered the prior of St. Thomas the Martyr's by Buttevant (juxta Botoniam) in the diocese of Cloyne (Clonen.), if and after Richard accused Maurice before the said prior, to summon Maurice, and if he found the same to be true, to deprive and remove him, and to collate and assign the vicarage, upon its becoming thus void, to Richard; that the said Richard caused Maurice to be summoned before Robert Machire, prior of the said priory, under pretext of the said letters and, upon an exception being taken by Maurice before the said prior to the effect that he had cited him to an insignificant and desolate place where there were no lawyers, and unsafe for Maurice and his advocate and proctors, and to which on account of wars notoriously raging in those parts they could not go without danger of their persons and property (fn. 8), and upon the said prior unjustly refusing to assign another place whither Maurice and his said advocate and proctors could go in safety, he appealed to the apostolic see, in contempt of which appeal the said prior (not ignorant of it, and whilst a good part of the time for its prosecution by Maurice was still unexpired) wrongfully (perperam) proceeding in the cause, by his definitive sentence, which was null, deprived and removed Maurice, and made collation and provision to Richard, who under pretext of such collation and provision despoiled Maurice of the vicarage and intruded himself and took and is still in undue possession, and has usurped the fruits; that Maurice therefore again appealed to the said see, and that the pope committed the cause of the appeal, at Maurice's instance, to Master Bernard Rouira a papal chaplain and auditor, who by his definitive sentence annulled the said spoliations, intrusions, possessions and detentions and usurpations made after and against Maurice's said lawful appeal, removed Richard, restored Maurice to possession, and condemned Richard in the fruits taken since the said spoliation etc. and in the costs, which latter he afterwards taxed at 25 gold florins of the camera. At the said petition, adding that Maurice fears lest others have intruded themselves whilst the cause has been pending, or may do so, the pope hereby orders the above three to execute the aforesaid etc., restore Maurice or his proctor to corporal possession of the vicarage etc., remove Richard, cause all fruits etc. of the vicarage to be paid to Maurice, and satisfaction to be made to him in respect of the said fruits taken and costs, and moreover to proceed to the execution of these presents also against such other intruders, past or future, as far only as regards delivering possession of the vicarage to Maurice, as if the said sentence had been delivered against them, aggravating the processes as often as expedient, and invoking if necessary the aid of the secular arm. Exhibita nobis. (O. and Jo. Rode. \| O. Gratis pro deo. Pontanus.) [3 pp. +.]

De Regularibus.



1452. 3 Kal. April. (30 March.) St. Peter's, Rome. (f. 207d.)	To Roland Bordays, warden, and all the brethren of the Friars Minors’ houses of the maritime islands near the parts of Brittany, Normandy and England (fn. 9). Grant and indult, at their petition (containing that after the late Peter Fabri, the first founder and warden of the said houses, having become old, had resigned the wardenship of the said houses to the vicar-general in the chapter then held under the presidency of the said vicar-general of the parts north of the Alps, in whose obedience the friars of the said houses have always remained and now remain (fn. 10), the brethren in the said chapter assembled, proceeding to the election of a future warden, according to custom, elected the said Roland as their warden and as warden of the said houses, and that he, consenting to the election, has since exercised the said office of warden; and adding that the said houses, which have grown to the number of nine, cannot, by reason of the fact that the places of the said islands are situate in divers provinces, be conveniently governed by divers vicars of divers provinces) that the said Roland, and each of his successors as warden of the said houses, who shall be elected and confirmed as the vicars-provincial have been wont to be elected and confirmed, shall be called in perpetuity vicar of the said maritime islands, and shall have over the friars of the said houses the same authority as the vicars of the ministers-provincial have over the friars of the houses of their provinces. Sacre religionis. (A. and Ja. [de] Vicencia. \| A. Gratis de mandato. de Feletis.) [1²/3 pp. Wadding, Annales Minorum, vol. xii, p. 558, under the heading ‘Erigitur Vicaria Britanniœ’, from ‘lib. 1 de exhibitis et de regularibus, fol. 207’, i.e. the present Register.]
1451[–2]. 10 Kal. April. (23 March.) St. Peter's, Rome. (f. 222d.)	To Malcolm Brydi, a monk of the Benedictine monastery of St. Thomas the Martyr, Albrobrohot (sic), in the diocese of St. Andrews. Grant, as below. It was lately set forth to the present pope on Malcolm's behalf that on the voidance of the priory or administration or vicarage of Fyvy, of the said order, in the diocese of Aberdeen (Alberdonen.), by the resignation of John de Sanctoandrea, its prior or vicar, to abbot Richard and the convent of St. Thomas the Martyr's, Albrobrohot (sic), of the said order and diocese of St. Andrews, they (to whom by ancient custom belonged the reception of such resignation and the collation and provision etc.) made collation and provision thereof to the above Malcolm, who in virtue of the said collation and provision obtained possession; and it was added that he afterwards, upon being required, however, by the said abbot to do so, took an oath to him that he would not impetrate a fresh provision nor a confirmation in the matter of the said priory, administration or vicarage from the apostolic see, nor render obedience to the bishop of Aberdeen, the ordinary, for the said priory (fn. 11), wherefore, and for certain other reasons, he doubted whether the said collation and provision held good. The pope has therefore by other letters relaxed the said oaths (fn. 12), decreed that Malcolm is not bound to observe the said oaths (fn. 12), restored him to the state in which he was before them, absolved him from perjury, and ordered provision to be made to him of the said priory, whether void as above or in any other way, certain executors being deputed [above, p. 560]; after which, as Malcolm's recent petition contained, Berardus bishop of Spoleto, one of the said executors, proceeding to the execution of the said letters, made collation and provision to him of the said priory. The same petition adding that although the priory is called throughout the whole realm of Scotland the priory of Fyvy, no mention was by inadvertence made in the pope's said letters of such common name and of certain fisheries of Bamf in the said diocese of Aberdeen, belonging to the priory (fn. 13), the pope, lest the said letters be held surreptitious, and Malcolm be deprived of their effect, grants hereby that the said letters and the said collation and provision made to him in force thereof, and their consequences, shall hold good from the date of these presents, as if full and express mention had been made in the said letters that the said priory was called the priory of Fyvy and like mention made of the said fisheries, and even if the said priory (which is not conventual, nor a dignity nor a personatus, is non-elective, and has the cure of souls of the parishioners of the annexed parish church of Fyvy, is dependent on the said monastery and wont to be governed by monks thereof, of whom Malcolm is one, and whose value, with that of the said annex and fisheries, does not exceed 12l. sterling) be still void as above, or in any otherway. Religionis zelus, vite etc. (P. and A. de Cortesiis. \| P. xviii. Kal. Aprilis Anno Sexto. de Varris.) [2 pp. +.]
1452. 14 Kal. May. (18 April.) St. Peter's, Rome. (f. 241.)	To the precentor of Emly. Mandate—the pope having been informed by Thomas Machinachima (rectius Machmachuna), deacon, of the diocese of Killaloe (Laonien.), that Dermit Magilfadrick (rectius Magilpadrick), abbot of the Augustinian monastery of Inisgase (rectius Inisgade) in the said diocese, has committed or caused to be committed wilful murder (fn. 14), and given help, counsel and favour therein and, a public and notorious fornicator, has dilapidated and alienated and uselessly consumed the possessions of the abbatial mensa, and is greatly defamed about these things in those parts—to cause Thomas (who was lately dispensed by papal authority, on account of illegitimacy as the son of unmarried parents, nobles, related in the third and third and the third and fourth degrees of kindred and the fourth and fourth degrees of affinity, inter alia to be promoted to all, even holy orders, and who afterwards had himself promoted to all minor orders and that of deacon, and all of whose benefices and their values and his dispensations the pope holds to be sufficiently expressed by these presents, and who from fear of the power of Dermit or his friends has no hope of obtaining justice in the city and diocese of Killaloe) to be received as a canon of the said monastery, and receive his profession, and thereafter, if and after he accuses the said Dermit before the above precentor, to summon Dermit, and if he find the above to be true, to deprive and remove him, and in that event to make provision to Thomas of the said monastery, value not exceeding 20 marks sterling, and cause him to be blessed by any catholic bishop, the pope hereby dispensing him to be appointed abbot and to exercise the cure and administration, notwithstanding the said defect etc. Ex suscepte servitutis. (O. and G. Gonne. \| O. lv. Pontanus.) [3⅓ pp.]
10 Kal. July. (22 June.) St. Peter's, Rome. (f. 298d.)	To the vidame of Reims. Mandate, as below. The Augustinian monastery of St. Mary, Cong (de Cunga), in the diocese of Tuam, became void by the promotion, made by Eugenius IV, of the late John de Burgo, archbishop of Tuam, to that see, and by his consecration administered to him at the apostolic see, previously to all which the said monastery had been reserved to the pope's gift; and, provision thereof not having been made by the said pope, the present pope ordered Thady Oconore, a canon of Tuam, and certain colleagues [not here mentioned] to make provision of it to Dermit Vdubthayg, now abbot, then a canon thereof, who had made his profession, the pope in that event dispensing him, by the same letters, on account of illegitimacy as the son of a priest, also professed of the said order, and an unmarried woman, to exercise the rule and administration etc. Subsequently, as Dermit's recent petition contained, the said Thady made provision to Dermit etc., after which, and after he had obtained and for some time peaceably held possession of the rule and administration, a cause arose between him and Thebaldus de Burgo, a canon of the said monastery, about the said rule and administration, and at length they, wishing to avoid expense and discord, agreed upon the choice of certain canons of the monastery as arbitrators, who awarded that Dermit should deliver and assign to Thebaldus, in spirituals and temporals, a certain piece of land called the townland (villatam) of Crosmocaemog belonging to the monastery and give it up to him for life without diminution of his canon's portion in the monastery, in compliance with which award Dermit (fearing the power of the said Thebaldus, who is a noble and powerful in those parts, and believing it to be lawful to him to do so) did so, and so the contention ceased, and he has ruled and administered the monastery for about a year in peace, taking the fruits. At the said petition (adding that he fears that on account of the aforesaid he is not quite immune from simony or illicit bargain, that he has committed perjury, on account of the oath which he took when provision was made to him not to alienate the possessions of the monastery, that he has incurred the sentences of excommunication etc. promulgated against simoniacs, and that in other ways some doubt the validity of the said provision and dispensation) the pope hereby orders the above vidame to absolve Dermit, who has been blessed, from all sentences etc. incurred by reason of the foregoing, as far only as regards the taking effect of these presents, absolve him from simony, perjury and dilapidation, enjoining penance, dispense him on account of irregularity contracted by celebrating masses etc. or taking part therein when under the said sentences, and rehabilitate him, and, in the event of his doing so, to grant that the said provision and dispensation and their consequences shall hold good from the date of these presents, even if the said monastery, value not exceeding 60 marks sterling, be still void as above, or by the cession of Thebaldus, or in any other way. Apostolice solicitudinis. (P. and G. Gonne. \| P. l. de Varris.) [4½ pp. See above, pp. 294, 300.]