Lateran Regesta, 366
1439

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Institute of Historical Research

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J. A. Twemlow (editor)

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1912

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48-55

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'Lateran Regesta, 366: 1439', Calendar of Papal Registers Relating to Great Britain and Ireland, Volume 9: 1431-1447 (1912), pp. 48-55. URL: http://british-history.ac.uk/report.aspx?compid=103393 Date accessed: 27 November 2014.


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9 Eugenius IV (cont.)

De Exhibitis.

1439.
15 Kal. Oct. Florence. (f. 53.)
To the bishops of Orte and Dunblane, and the dean of Dunkeld. (fn. 2) Mandate as below. The petition of Hugh Kenedi, treasurer of Glasgow, contained that although the said treasurership, with its annexed prebend of Carnwyth, was collated and provision thereof made to him by papal authority on its voidance by the death without the Roman court of Robert Moffate, nevertheless James Inglis, canon of Glasgow, wrongfully claiming, intruded himself and still detains possession; and that the present pope, at Hugh's instance, committed the cause of James's appeal to the apostolic see and of the principal matter to Baptista, elect of Chieti (Theatin) and holding the place of a papal auditor, who by a definitive sentence pronounced the said collation etc. canonical, adjudged the said treasurership and prebend to Hugh, removed James and inducted Hugh, imposing perpetual silence on James and condemning him in fruits and costs, which latter he afterwards assessed at 30 gold florins of the camera. At the said petition, which added that Hugh doubts whether whilst the cause has been pending others have intruded themselves or may do so, the pope orders the above to execute the said sentence, and to do so equally against such other intruders, etc., invoking the aid of the secular arm, etc. Exhibita nobis. (An. and Anselmus. | An. xviii. de Adria.) [2½ pp.] [See above, pp. 1 and 2 and below, Reg. Lat. CCCLXXIII, f. 260d.]
Id. Aug.
Florence. (f. 59d.)
To the abbot of Corsreguele in the diocese of Glasgow, and the treasurer and John Legati, canon, of Glasgow. Mandate as below. Lately the pope, on learning that John Sympyle, sometime rector of Kirkpatryk in the diocese of Glasgow, had resigned that church before Alexander de Casteltaris, priest, of the said diocese, notary public, and witnesses, ordered certain judges [not here named] if, after summoning the said John and others concerned, they found the said resignation lawful, to admit it by papal authority, and to collate and assign the said church, whether void by such resignation and admission, or in any other way, to John de Camera, priest, of the same diocese. Seeing that, as the pope has been recently informed by Robert Drydane, priest, of the diocese of St. Andrews, the said John de Camera, before the said letters were executed, killed John Blak, a layman, of the said diocese of Glasgow, thereby incurring irregularity, the pope orders the above three, if they find the said resignation lawful, to admit it by the pope's authority and thereupon, if Robert, who is a chaplain of James, king of Scots, will accuse John de Camera before them or two or one of them, to summon John de Camera and John Simpyli (sic), and if they find the facts to be as stated, to deprive John de Camera of all right in or to the said church, and in that event to collate and assign the said church, value not exceeding 15l. sterling, howsoever void, to Robert. Vite etc. (B. and G. Gonne. | B. xxv. Octavo Kal. Octobris Anno Nono. Valven.) [3 pp.]
Prid. Non. Oct.
Florence. (f. 67.)
To the bishop of Valva, the abbot of Lindores (de Londoris) in the diocese of St. Andrews and the dean of Dunkeld. Mandate as below. The petition of James de Broys, rector of Kilmani in the diocese of St. Andrews, contained that although on the voidance of the said church, previously reserved to the pope, by the death of Richard de Creych, a papal chaplain, it was collated and provision thereof made to him by papal authority, nevertheless, Ma[l]colmus Loutfate, John Eliotson, Thomas Mirton and James Lyndesay, clerks, of the said diocese, each of them wrongfully claiming it, a cause arose between him and them; that the pope, at the instance of Broys, who alleged that John Schelbis (rectius Schewis), clerk, of the said diocese, had intruded himself after and against the said reservation and was unduly detaining possession, gave commission to Master Francis de Cruylles, a papal chaplain and auditor, if he found that the said reservation had been made, to monish the said John Schelbis and any other intruders to give up possession to Broys, and make satisfaction to him for the fruits which they had taken, and moreover to hear and terminate the said cause, although it had not lawfully devolved to the Roman court; that although the said Ma[l]colmus and John Elyotson who, as well as the said James Lyndesay, had successively intruded themselves after and against the said reservation, and of whom Ma[l]colmus was then unduly detaining possession, were monished by the said auditor to give up possession to James Broys and make the said satisfaction, the said Ma[l]colmus and John Elyotson did not obey; and that the pope committed the cause to Baptista, [now] elect of Chieti, then a papal chaplain and auditor, who, having been meanwhile promoted to the said church on its voidance, (fn. 3) and continuing to hold by the pope's order the place of an auditor, declared by one definitive sentence the said Ma[l]colmus and John Elyotson to have incurred sentence of excommunication and to be excommunicate, and by another definitive sentence declared the said collation etc. to have been and to be canonical, adjudged the said church to Broys, declared none of the said Ma[l]colmus, John Elyotson, Thomas and James Lyndesay to have any right, removed Ma[l]colmus, inducted Broys, imposed perpetual silence on Ma[l]colmus, John Elyotson, Thomas and James Lyndesay, and condemned them in costs etc., afterwards assessing the costs, in the monition cause at 10 and in the principal cause at 28 gold florins of the camera. At the said petition, which added that Broys doubts ... as above, f. 53. mutatis mutandis. Exhibita nobis. (An. and Jo. de Reate. | An. xviii. de Adria.) [4 pp. See Cal. Lett. VIII, p. 667.]
8 Kal. June.
Florence (f. 116.)
To the bishops of Ardfert, Emly and Limerick. Mandate as below. On the voidance of the church of Killaloe by the resignation of the late Eugenius [O'Falan], made at the apostolic see by his proctor William Ohedyan, a canon of Lismore, to the late Jordan, bishop of Sabina, then of Albano, and admitted by Martin V. that pope made provision thereof to James [O'Lonergan, now] bishop; and the present pope (upon its being set forth by James that it was alleged by some that the said church had become void, not as above, but by the death of the said Eugenius, and was still void, and that he, who had meanwhile had himself consecrated, therefore doubted the validity of the said provision) granted that the said provision should hold good even if the said church became void by the said resignation or death or in any other way, and for whatsoever reason the provision was reserved to the apostolic see [Cal. Lett. VIII, pp. 377, 378.] At the recent petition of the said bishop James—containing that although in virtue of the said provision he has obtained possession of the rule and administration, and although Richard, archbishop of Cashel and several of his suffragan bishops in provincial council assembled (Thady Maccrayth, who acts as bishop and falsely claims the said rule and administration, having been lawfully summoned) have pronounced that James is to be obeyed as the true bishop of Killaloe, nevertheless the said Thady and Obryeyn, prince (fn. 4) of Thomond (Tothomonie) and his brothers, and Macmachuna and Macconmara and several other clerks and laymen, Thady's accomplices, prevent bishop James from exercising the said rule etc. and the episcopal jurisdiction, and from receiving the fruits etc. of the episcopal mensa—the pope orders the above to summon Thady and others concerned and, after inquiry, to monish the said Thady etc., under pain of excommunication etc., to desist from their molestations etc. and permit bishop James to exercise etc. as above; causing obedience to be yielded to him by the clergy and people of the city and diocese, etc. Ad sacram Petri sedem. (An. and Anselmus. | An. xxv. de Adria.) [2¾ pp. See also Cal. Lett. VIII, pp. 105, 446 and below, p. 64.]
4 Non. June.
Florence (f. 121d.)
To the bishops of Moray and Ross and the archdeacon of Hainaut in Liége. Mandate as below. The petition of Duncan de Lichton, dean of Brechin, contained that although the said deanery, a major dignity, on its voidance by the death without the Roman court of Cuthbert Alanson [alias Henrici, as above, pp. 23, 27 note] during whose life it had been reserved, was collated and provision made thereof to him by papal authority, nevertheless David Carnach, a canon of Dunkeld, falsely claiming it, and hindering Duncan's peaceable possession, a cause arose between them; that the present pope, at the instance of Duncan, who alleged that David had intruded himself into the deanery in virtue of an election, which was null, made by the chapter, gave commission to Master Geminianus de Prato, a papal chaplain and auditor, if he found that the said reservation had been made, to monish David to give up possession to Duncan and make satisfaction for the fruits which he had taken, and moreover to hear and terminate the said cause, although it had not lawfully devolved to the Roman court; that although David was monished by the said auditor to give up possession to Duncan and make the said satisfaction, he has not obeyed; that the said auditor declared by one definitive sentence David to have incurred excommunication and to be excommunicate, and by another definitive sentence declared the said collation etc. to have been and to be canonical, adjudged the deanery to Duncan, declared David to have no right, removed him, inducted Duncan, imposed perpetual silence on David, and condemned him in costs, which he afterwards assessed at 70 gold florins of the camera. At the said petition, which added that Duncan doubts ... as above, f. 53, mutatis mutandis. Exhibita nobis. (An. and Anselmus. | An. xviii. de Adria.)
3 Kal. April.
Florence (f. 182).
To John, elect of Leon, residing in the Roman court. Mandate as below. Martin V, upon learning that the rural rectory (fn. 5) of the parish church of Dongarvan in the diocese of Lismore, of the patronage of laymen, had been so long void by the death of Maurice Ocogereyn, its rector called plebanus, that its collation had lapsed to the apostolic see, although the Augustinian abbot and convent of Keynsham in the diocese of Bath had detained it for two years without any canonical title, ordered the bishop of Lismore and two other [not here named] to collate and assign it to Henry Burnham, priest, of the diocese of Norwich, the said pope dispensing him to hold for life it and the archdeaconry of Lismore, a non-major dignity, and to resign them, as often as he pleased [see Cal. Lett. VII, pp. 511, 512]. Moreover, it has been this day set forth to the pope on behalf of Henry that inasmuch as the said abbot and convent, asserting that the said rectory had been appropriated to them, had detained and were still detaining it, Henry caused them to be summoned before Richard, bishop of Lismore, who gave a definitive sentence in his favour, from which, falsely alleging that it was unjust, the abbot and convent appealed to the apostolic see, but not within the lawful time, and that the present pope committed the cause of the appeal to Ralph, [now] bishop of Tréguier (Trecoren.), then a papal chaplain and auditor, (fn. 6) who revoked the said sentence by an unjust definitive sentence from which Henry appealed to the said see; that the pope committed the cause of this appeal to the above elect, who promulgated two definitive sentences, pronouncing null by one of them the proceedings of the said bishop Ralph, and by the other the proceedings of the said bishop Richard, from which said other sentence Henry appealed to the said see; that subsequently, the proctors of Henry and of the abbot and convent having consented that the said elect should go on with the cause concerning the abbot and convent and Henry in the matter of the rectory, the pope commissioned him to do so; that meanwhile (after pope Martin (fn. 7) had reserved all benefices void by promotions to cathedral churches) upon the voidance of the chancellorship of Limerick, a non-major dignity, by the resignation to John, bishop of Limerick, of Jordan, [now] bishop of Cork, upon his promotion by the said pope (fn. 8) to the united churches of Cork and Cloyne, the said bishop John made collation and provision of it by his ordinary authority to the said Henry, who under pretext thereof obtained possession of the said chancellorship, and, resigning the said archdeaconry, detained for some time, without any further dispensation, the said chancellorship and the above rectory, of which latter he had taken possession in force of the execution of bishop Richard's said sentence, which had become a res judicata; and that the present pope has rehabilitated Henry, requiring him to resign both benefices. Seeing that all right which Henry had or could have had in or to the said rectory at the time of the said taking of possession became, by the said taking of possession, and is at present, void, the pope orders the above elect to surrogate Henry, after he has resigned the said rectory and chancellorship, in and to the said right, and to collate and assign it to him, and to admit him to the said right and to the prosecution and defence thereof in the same state as he was at the time of the said taking of possession, and might and ought to have been admitted as if he had not so taken possession, and moreover to collate and assign to him the said rectory and chancellorship themselves, value not exceeding 100 and 60 marks sterling respectively, of which latter the pope intends this day to order provision to be made to him [see the next following letter], the pope intending also to dispense him [see ibid.] to hold the said chancellorship for life with the said rectory, and to resign both, simply or for exchange, as often as he pleases. Vite etc. (An. and Ja. de Vicencia. | An. xxx. Octavo Kal. Maii Anno Nono. de Adria. Correctum pridie Kal. Maii Anno Decimo, de Adria.) [4½ pp. See also Cal. Lett. VIII, p. 494 and below, Reg. Lat. CCCLXXV, f. 148.]
Ibid. (f. 192)To the archbishop of Cashel, the bishop of Adria and the archdeacon of Hainaut in Liége. Mandate as below. Martin V, upon learning that the rural rectory (fn. 9) of the parish church of Dongarvan in the diocese of Lismore, of the patronage of laymen, had been so long void by the death of Maurice Ocogareyn (cf. the preceding letter), its rector called plebanus, that its collation had lapsed to the apostolic see, although the Augustinian abbot and convent of Keynsham in the diocese of Bath had detained it for two years without any canonical title, ordered the bishop of Lismore and two others [not here named] to collate and assign it to Henry Burnham, priest, of the diocese of Norwich, the said pope dispensing Henry to hold for life it and the archdeaconry of Lismore, a non-major dignity, and to resign them as often as he pleased. Moreover, it has been this day set forth to the pope on behalf of the said Henry that inasmuch as the said abbot and convent, asserting that the said rectory had been appropriated to them, had detained and were still detaining it, he caused them to be summoned before Richard, bishop of Lismore, who gave a definitive sentence in his favour, from which, falsely alleging that it was unjust, the abbot and convent appealed to the apostolic see, but not within the lawful time, and that the present pope committed the cause of the appeal to Ralph, [now] bishop of Tréguier, then a papal chaplain and auditor, who revoked the said sentence by an unjust definitive sentence from which Henry appealed to the said see; that the pope committed the cause of this appeal to John, [now] elect of Leon, then residing in the Roman court, who promulgated two [definitive] sentences, pronouncing null by one of them the proceedings of the said bishop Ralph, and by the other the proceedings of the said bishop Richard, from which said other sentence Henry appealed to the said see; that subsequently, the proctors of Henry and of the abbot and convent having consented that the said elect should go on with the cause concerning the abbot and convent and Henry in the matter of the said rectory, the pope commissioned him to do so; that meanwhile (after Martin V [cf. the preceding letter] had reserved all benefices void by promotions to cathedral churches) upon the voidance of the chancellorship of Limerick, a non-major dignity, by the resignation to John bishop of Limerick, of Jordan [now] bishop of Cork, upon his promotion by the said pope [cf. the preceding letter] to the united churches of Cork and Cloyne, the said bishop John made collation and provision of it by his ordinary authority to the said Henry, who under pretext thereof obtained possession of the said chancellorship and, resigning the said archdeaconry, detained for some time, without any further dispensation, the said chancellorship and the above rectory, of which latter he had taken possession in force of the execution of bishop Richard's said sentence, which had become a res judicata; and that the present pope has rehabilitated Henry, requiring him to resign both benefices. Seeing that the said chancellorship is still void as above, and remains reserved to the present pope, he hereby orders the above three to collate and assign it, value not exceeding 60 marks sterling, after he has duly resigned it, to Henry; whether it be void by the said resignation [of bishop Jordan], or by the death of Denis Odeyag or of Thomas FitzJohn, or in any other way; notwithstanding that the pope has this day ordered provision to be made to Henry of the said rectory, value not exceeding 100 marks [see the preceding letter]. He is hereby dispensed to hold both for life, and to resign them, simply or for exchange, as often as he pleases, and hold instead two other incompatible benefices, provided that they be not two parish churches or dignities etc. Vite etc. (An. and G. de Elten; | An. xxx. Octavo Kal. Maii Anno Nono. de Adria. Correctum (fn. 10) pridie Kal. Maii Anno Decimo, An. de Adria.) [5¾ pp.]
Prid. Kal. June.
Florence (f. 256.)
To the bishop of Kilfenora, the abbot of St. Mary's, Cong, in the diocese of Tuam, and the official of Kilmacduagh. Mandate, at the recent petition of William Ycorcrain, rector of Athnary in the diocese of Tuam—containing that although he obtained, collated to him by papal authority, the said rectory, of the patronage of laymen, on its voidance by the death without the Roman court of Milerius Bremigham, and had been in possession for several years, Maurice Okeallay, priest, of the diocese of Clonfert, under pretext of letters of the present pope surreptitiously obtained by him, then excommunicate, in which no mention of the said patronage is made, and under pretext of the consequent proceedings, has despoiled William of his possession and intruded himself, still detaining possession—to summon the said Maurice and others concerned, and after restoring William, to hear and decide the cause, invoking the aid of the secular arm, etc. Humilibus supplicum votis ... Exhibita siquidem nobis. (B. and Anselmus. | B. xviii. Valven.) [See Cal. Lett. VII, pp. 397, 503; VIII, pp. 93, 406.]

Footnotes

1 Described on the back of the volume in Italian, as usual: Eugenio IV. 1439. Anno 9. Lib. 1. The usual contemporary description: 'Primus de exhibitis anno nono domini nostri Eugenii pape iiiiti' occurs on the bottom edge of the volume only. There is a flyleaf with the following notes, in an eighteenth, early seventeenth and eighteenth century hand respectively: 'Vidi pro R[everenda] C[amera] A[poslolica] Hib. Ang.,' 'Ex hoc libro: Ad futaram fol. 78. Ad perpetuam fol. 100. Maiori et communitati Eboracensis fol. 21l. Ad perpetuam fol. 231 and Lib. cxii. fol. 323.' Of these notes the second and oldest, which are by Felice Contelorio (for whom see Cal. Lett. VII, p. 115 note) do not belong to the present volume, for the matters indicated do not occur on the folios referred to. The mention of the 'Maiori et communitati Eboracensis fol. 214' shows that the flyleaf belongs to Reg. 364 above.
2 Corrected by the scribe himself to 'Dunkelden.' from 'Dunblanen,' which is furthermore over-written A[ntoniu]s.
3 Baptista de Romanis (Bruna), leg. doct., s. pal. apost. auditor received provision of the see of Chieti on Oct. 20, 1438. (Eubel, Hierarchia, II. p. 274.)
4 principes, roughly corrected to principis.
5 rectoria plebania nuncupata.
6 Eubel, Hierarchia, under 'Trecoren.' gives the date of the provision of Radulfus (Rolland), auditor s. pal. apost. as Sept. 6, 1434.
7 The word 'nos' of the text is cancelled and overwritten A[ntoniu]s, being replaced in the margin by 'dictus predecessor,' the substituted words being subscribed: Cassatum ct correctum ut supra (that is Cassatum et correctum de mandato domini F[rancisci] Venet[iarum] Vicecancellarii), An. de Adria.
8 The word 'nos' is again cancelled and corrected, as above, to 'eundem predecessorem'.
9 rectoria plebania nuncupata.
10 There are half a dozen corrections in the margin, subscribed: Cassatum (or Cassatum et correctum) de mandato domini F[rancisci] Venet[iarum] Vicecancellarii, An. de Adria.