Lateran Regesta, 372
1439-1440

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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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97-108

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'Lateran Regesta, 372: 1439-1440', Calendar of Papal Registers Relating to Great Britain and Ireland, Volume 9: 1431-1447 (1912), pp. 97-108. URL: http://british-history.ac.uk/report.aspx?compid=103399 Date accessed: 20 October 2014.


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10 Eugenius IV. (cont.)

De Diversis Formis.

1440.
5 Kal. June.
Florence (f. 3d.)
To the bishop of Connor. Mandate to dispense to marry Odo Oneill, layman, of his diocese and Finduala ingen Yconcabair, dwelling in his diocese, notwithstanding that they are related in the double third and simple third and fourth and double fourth degrees of affinity, aware of which they more than once committed fornication; decreeing past offspring, if any, and future offspring legitimate. Oblate etc. (An. and B. de Monte. | An. xx. de Adria.)
9 Kal. Oct.
Florence (f. 16d.)
To the bishops of Valva and Clogher, and the prior of Lowth in the diocese of Armagh. Mandate as below. The recent petition of John Leche alias Mackeallay, rector of Chuaynfyachna (rectius Cluaynfyachna) in the diocese of Armagh, contained that formerly in his cause long ventilated in the Roman court before a certain auditor, by commission of the present pope, against Solomon Ochorri, clerk, of the said diocese, about the said rectory, provision of which, on its voidance by the death in the Roman court of William Mackawil, had been made by papal authority to John, and of which Solomon was in possession, he obtained a definitive sentence, by which it was adjudged to him and perpetual silence imposed on Solomon, Solomon removed and John inducted, with condemnation in respect of fruits and costs, and that he impetrated letters of execution of the said sentence, which became a res judicata. At the said petition—which added that between the said provision and the promulgation of the said sentence, John, [now] a bishop in the universal church, then archbishop of Armagh, extinguishing all cure of souls in the said rectory, erected it by his ordinary authority into a canonry and prebend, of which the said Solomon is in possession, whereof, inasmuch as it was not proved, there is no mention in the said sentence and letters—the pope orders the above to proceed to execute the said letters, causing John to be received as a canon of Armagh, as regards such prebend, as if the said sentence had been promulgated about the canonry and prebend erected from the said rectory, just as it was promulgated about the rectory itself. Humilibus supplicum votis. (B. and Ja. Petri. | B. xiiii. Quarto Kal. Octobris Anno Decimo. Valven.)
7 Id. Sept.
Florence (f. 18.)
To the bishop of Salisbury. Mandate as below. The recent petition of William, nobleman, lord of Lowell and Holand, patron and of the founders' kin, and Thomas Morton, master, of the hospital of SS. James and John, [Brackley], in the diocese of Lincoln, contained that formerly Henry, archbishop of Canterbury, upon learning the decay and impoverishment of the said hospital by the neglect of divers former masters, sent in accordance with his metropolitical right a number of visitors to enquire and report, and as a result made, with consent of the said William and Thomas, the following statutes and ordinances:
(i) the said hospital shall be called in perpetuity by the name of SS. James and John, and on the resignation or death of the then master, or voidance in any other way, the said William and his successors shall present a fit chaplain or clerk in holy orders (fn. 2) to be ordained priest within a year from his admission and induction, to the bishop of Lincoln, or, if the see be void, to the said archbishop Henry and his successors, or, if the see of Canterbury be void, to the prior and chapter of Canterbury, to be admitted thereby, and to be inducted by the archdeacon of the place or his official, which master, thus admitted, shall be bound to take oath to the bishop of Lincoln and the archbishop of Canterbury, and the said successors, to obey them and the under-written statutes and ordinances, and to keep the perpetual seal called the seal of the hospital of SS. John and James de Brakeley;
(ii) in the said house there shall be continually, besides the master, two chaplains able to understand, read and sing [Latin], and competently lettered and of approved character and life, removeable at the pleasure of the master and receiving stipends as agreed upon between them and the master, a clerk (fn. 3) sufficiently lettered, and three choristers, to say together matins, vespers and other hours on week days in a low voice in the chapel of the said house and to sing high mass at the high altar therein, and also to sing matins, vespers and mass with music on certain festivals (fn. 4) ;
(iii) the said master, chaplains and clerks (sic) at matins, vespers and high mass with music shall be decently clad in white surplices at the hour of divine service, without chattering or wandering from the choir or elsewhere, but bound to stay in the choir until the end of the office, (fn. 5) except for a reasonable cause declared to the master or his deputy, and by him approved;
(iv.) alienations or mortgages (fn. 6) of the hospital's moveables or immoveables shall not be made, nor corrodies or fees, temporary or in perpetuity, be granted, without licence of the bishop of Lincoln, or if the see be void, of the said archbishop and his successors, and if the master be convicted of such dilapidation, alienation or mortgage of the said goods, of incontinence or other enormous crime, he shall be removed by the superior who has jurisdiction in the hospital, and the hospital declared void;
(v.) every Friday in perpetuity six loaves of the price of 3d., or 3d. [in money] shall be distributed in the said chapel by the master or his deputy to six poor, and on every Friday, unless a double feast or a feast requiring attendance in choir, (fn. 7) a requiem mass shall be celebrated by the master or one of the said chaplains for the souls of the said founders and benefactors, at which the said poor shall be present until it is finished and shall pray for the said founders and benefactors, and shall at the end of it receive the said alms;
(vi.) at the end of each year solemn offices of the dead (fn. 8) shall be said by the master, or in his absence by the said chaplains and clerks (sic), and on the morrow thereof a mass celebrated for the said souls;
(vii.) in the hospital shall be appointed in perpetuity a house with six or four beds (lectisterniis et lectis) for poor wayfarers, to be received therein by the master or his deputy for one night without denial, and more if necessity requires, according to the discretion of the master or his deputy, and the master or his deputy shall exact or receive nothing from such wayfarers unless offered freely;
(viii.) the present statutes and ordinances shall be inviolably observed by the said master, chaplains and clerks (sic), faculty being reserved, however, to the archbishop and his successors and to the bishop of Lincoln for the time being to add to or take away from, and correct or change them, and to make new ones, and to dispense the said master, chaplains and clerks (sic) in regard to them.
The pope hereby, at the said petition, orders the above bishop, if he find the said statutes and ordinances lawful, to confirm and approve them by papal authority. Ea que pro felici. (An. and Franchomme. | An. xxx. de Adria.) [3 pp. See Cal. Lett. VI, p. 294 and VII, p. 469: and Fourth Report of Historical MSS. Commission, App. p. 459.]
Prid. Non. Oct.
Florence (f. 21d.)
To Robert, nobleman, lord of the place of Wyllybi, baron, of the diocese of Lincoln. Indult to have a portable altar, on which he may, when his business requires, in presence of himself and his servants, have mass celebrated before daybreak, and have mass and other divine offices celebrated, privately, in places under interdict. Sincere devocionis affectus. (B. and Blondus. | B. xxx. Valven.)
17 Kal. July.
Florence (f. 66d.)
To Richard Crag, perpetual vicar of Dunde in the diocese of Brechin, licentiate of canon law. Dispensation, at the petition of him, who became a licentiate of canon law by examination, and of James, king of Scots, of whom he is a member of the household and a continual commensal, to hold for life with the said vicarage, value not exceeding 40l. sterling, any benefice with cure or otherwise incompatible, even if a parish church etc., and to resign them, simply or for exchange, as often as he pleases. Litterarum etc. (An. and G. de Elten. | An. xxxx. de Adria.) [Without the usual special mention of the present pope's ordinance to the contrary, see above, p. 5.]
15 Kal. Dec.
Florence (f. 71.)
Confirmation, with a summary and an exemplification in full, at the recent petition of William de la Zouche of Aryngworth (sic), lord of the place of Totteneys, of the diocese of Lincoln, of the letters of Boniface IX, Ad fut. rei mem. Exigit sincere devotionis, dated at St. Peter's, Rome, 5 Id. Nov. anno 9 [1397], whereby that pope (upon its being set forth to him by William [de] la Zouche of Haryngworth, lord etc. as above, that his progenitors had founded and built within their manor of Haryngworth a chapel of All Saints and endowed it for a chaplain, to whom, chosen by them, they had assigned it at each voidance, the assignment having the force of a collation; that the chaplains had buried therein, and had administered all ecclesiastical sacraments to, those who died within the said manor, and likewise administered the same to the said lords when dwelling in the manor and to their servants, and that the said lords and servants paid to them parochial rights; that all the aforesaid had been observed from time immemorial, and that the bishops of Lincoln had known, tolerated, and tacitly consented) confirmed the said construction, building, endowment, assignment and administration of sacraments etc. Ad fut. rei mem. Exigit dilecti filii. (An. and Ja. de Ugolinis. | An. xxviii. de Adria.) [2¾ pp.]
Prid. Non. June.
Florence (f. 90d.)
Annulment of the pope's late grant of appropriation anew to the capitular mensa of Glasgow of the parish church of Lillisklyf in the diocese of Glasgow, value not exceeding 2000l. and 20l. sterling respectively, which grant the pope made upon its being set forth to him that appropriation of the said church, which is of the patronage of the bishop, had been formerly made in aid of the daily distributions of the canons, and with consent of the chapter, by bishop John, by his ordinary authority. Ad fut. rei mem. Romanus pontifex, non solum. (An. and Blondus. | An. xxxx. de Adria.)
Kal. Sept.
Florence (f. 100d.)
Declaration as below. The present pope lately granted to John, bishop of Brechin, a faculty to reserve to his gift by papal authority, for collation to six persons of his choice, as many benefices, of any gift, with or without cure, of the city and diocese of Brechin, even if canonries and prebends, dignities etc.; after which, as the recent petition of the said bishop contained, on the voidance of the precentorship (cantoria) of Brechin, a non-major dignity with cure (fn. 9) , by the death of Gilbert Brown without the Roman court, Robert de Carnach, clerk, of the diocese of Aberdeen, brother of the said bishop, for whom the said bishop had reserved one of the said benefices, accepted the said precentorship in virtue of the said faculty and reservation, and got provision made to him thereof. Seeing that, as the pope has learned, it is asserted that Andrew Fysse, clerk, of the diocese of Dunkeld, likewise accepted and had provision made to him of the said precentorship, void as above, under pretext of certain letters of the present pope, and that, as is asserted, he ought to be preferred to Robert by reason of a privilege granted by the pope in favour of persons present in and following the Roman court; and seeing that the said bishop was at the time of the grant of the said faculty in the Roman court in order to obtain it, and returned thither recently in order to secure the desired effect of the said faculty (fn. 10) , the pope hereby declares that his intention at the time of the grant of the said faculty was and is that the persons named by the said bishop to such benefices in virtue of the said faculty should and shall from the date of their nomination be preferred to all, even to those present in the said court etc., and that, as regards the said precentorship, the said Robert should and shall be preferred to the said Andrew, in whose favour the said privilege shall not operate. Ad fut. rei mem. Decens reputamus. (An. and B. de Monte. | An. xxxx. de Adria.)
3 Id. July.
Florence (f. 124d.)
To the bishop of Norwich and the dean of St. Paul's, London. Mandate as below. The recent petition of Henry Chichele, archbishop of Canterbury, primate of all England and legate of the apostolic see, contained that king Henry has erected, founded and established by royal authority the college [of All Souls] which, with a chapel, was begun to be built and was in part endowed, from the goods of the said archbishop, for a warden and forty poor scholars, clerks, at Oxford, but that its means are insufficient for their support etc. At the said petition the pope (who in the year last past confirmed the said erection, foundation and establishment, and all other things which had been granted and done by the said king and archbishop in favour of the said college, warden and scholars, and which were contained in certain letters of the said king) orders the above bishop and dean, or one of them, to inform themselves as to the means of the said college, and if they find them insufficient, to appropriate thereto in perpetuity, in accordance with the said petition, the parish church of Lewkenore in the county of Oxford, of the advowson and patronage of the Benedictine abbot and convent of St. Mary's, Abyndon, in the diocese of Salisbury, which is of the foundation of the progenitors of the said king and is of his patronage, provided that the assent be forthcoming of the said king and abbot and convent, to whom due compensation is said to have been made by the said archbishop; so that on the death or cession or resignation of the present rector, if any, or the cession of the said abbot and convent, if and as far as they hold the said church to their uses as united to their monastery, the said warden may take possession etc., a fit portion being assigned for a perpetual vicar, and a certain sum being distributed every year to the poor of the parish. Ad ea per que. (An. and Poggius. | An. xxx. de Adria.)
5 Non. Oct.
Florence (f. 133.)
To Christopher Flemyng, donsel, nobleman, of the diocese of Meath (Minden.), and Elizabeth Wogan, [damsel], noblewoman, his wife. Exemplification, which shall have the force of the original, from the register of Martin V of the lost letters Oblate nobis of that pope, addressed to the archbishop of Armagh, and dated at St. Peter's, Rome, 5 Id. May anno 5 [1422, Cal. Lett. VII, p. 221], ordering him, bishop Edward being absent, to dispense Christopher Flemyng, donsel, nobleman, and Elizabeth Wogan, damsel, noblewoman, of the diocese of Meath (Miden.), to marry notwithstanding that they were related in the third and fourth degrees of affinity. Provisionis nostre. (An. and Pizolpassis. | An. xxii. de Adria.)
4 Id. Sept.
Florence (f. 138d.)
To James Innes, canon of Moray, M.A. Dispensation to him (who was formerly dispensed by authority of the ordinary, as the son of a priest, noble, and an unmarried woman, to be promoted to minor orders and hold a benefice without cure, and afterwards by papal authority to be promoted to all, even holy orders and hold three other benefices compatible with one another, even if canonries and prebends or offices in cathedral or collegiate churches, and to resign them, simply or for exchange, as often as he pleased, after which he obtained a canonry of Moray and the prebend of Spyne therein and the hospital of Eglyn (rectius Elgyn) in the diocese of Moray, value together not exceeding 40l. sterling, which he at present holds) to hold any compatible benefices, of any number and kind, with or without cure, even if canonries and prebends, dignities etc., and to resign them, simply or for exchange, as often as he pleases. Nobilitas generis, litterarum etc. (B. and G. de Elten. | B. xl. Valven.) [See below, pp. 105, 107 and Cal. Lett. VIII, p. 314.]
8 Kal. Oct.
Florence (f. 163.)
To George Courtenay, a Friar Minor. Dispensation to him, who is of a race of earls, to hold for life any benefice with or without cure wont to be governed by secular clerks, even if a parish church or a perpetual vicarage or a chantry or a free chapel, and if of the patronage of clerks and laymen, provided that it be not in a cathedral or a collegiate church, and to resign it, simply or for exchange, as often as he pleases. Religionis zelus etc. (An. and Cyprianus. | An. xxx. de Adria.)

9 Eugenius IV.

1439.
Prid. Kal. May.
Florence (f. 163.)
To Humphrey, duke of Gloucester. Indult that the dean of his chapel (in which, wherever the duke has been, he has been wont to cause mass and other divine offices to be celebrated, even in a loud voice) may hear the con- fessions of the duke and his consort for the time being, and of all his and her servants etc., and grant absolution and enjoin penance, except in cases reserved to the apostolic see, administer to them the sacraments, and receive and convert to his own uses, as hitherto, all oblations made within the duke's court, saving the right of the parish church, within [the bounds of] which the said court shall be. Sinceritas tue devocionis. (An. and Ja. Petri. | An. lxxx. de Adria.)

10 Eugenius IV (cont.)

1440.
12 Kal. Oct.
Florence (f. 172d.)
Grant as below. Lately the pope (upon learning that Thomas Draper, donsel, nobleman, a servitor of Humphrey, duke of Gloucester, had caused to be founded and in great part built a chapel of St. Mary in the parish church of Neuport in the diocese of Lichfield, and endowed it for a priest to celebrate mass and other divine offices perpetually, etc.) granted, with a view to the completion etc. of the said chapel, a relaxation (fn. 11) of seven years and seven quarantines of enjoined penance to penitents who on the Assumption and on Lœtare Sunday visited and gave alms for the fabric and conservation of the said chapel [above, p. 43]. Seeing that the work is so costly that very great and continual help is needed, the pope hereby grants, likewise in perpetuity (fn. 12) , to penitents who on each of the days of the octaves of the said feasts (fn. 13) visit etc. as above, for every day of the said octave (fn. 14) , a relaxation of a hundred days of enjoined penance. Univ. Christifid. etc. Rex ille misericors. (An. and Poggius. | An. xxx. de Adria.)
Id. Oct.
Florence (f. 179.)
To Henry [de Leighton], bishop of Aberdeen. Faculty to him, who has completed (peregisti) his sixtieth year, and is weak of body, as long as he is bishop of Aberdeen to reconcile churches and cemeteries of his city and diocese by a fit priest, the water having been first blessed by himself or another bishop. Tue devocionis precibus. (An. and M. Pinardi. | An. xxxx. de Adria.)
3 Id. July.
Florence (f. 195.)
To the archbishop of York, or his vicar-general in spirituals. Mandate to dispense Christopher Blakey, layman, and Joan Parkey (sic), of the diocese of Lichfield, to marry notwithstanding that they are related in the fourth degree of kindred. Oblate etc. (An. and Ja. de Ugolinis. | An. xiii. de Adria.) [The reason why the bishop of Lichfield is not written to is not indicated.]
13 Kal. Sept.
Florence (f. 195d.)
To the same. The like in regard to William Reynfordi, layman, and Cecily Parker, of his diocese, notwithstanding that they are related in the third degree of affinity. Oblate etc. (An. and Ja. de Ugolinis. | An. xvi. de Adria.)
13 Kal. Aug.
Florence (f. 224.)
To Cornelius Macgillabridi, priest, of the diocese of Raphoe. Dispensation to him, to whom the pope intends this day to make provision of the church of Raphoe, and who is the son of unmarried parents, to exercise the administration of the said defect, etc. Diuina superueniens largitas. (An. and A. de Camporegali. | An. xxxx. de Adria.) [See the next following letter.]
3 Kal. Aug.
Florence (f. 224.)
To Cornelius, elect of Raphoe. Faculty to him, to whom the pope has recently made provision of the said church, to be consecrated by any catholic bishop assisted by two or three others. The consecrator shall thereafter send his oath of fealty to the pope, as usual; without prejudice to the archbishop of Armagh as metropolitan. Cum nos nuper. (An. and Ja. de Ugolinis. | An. xvi. de Adria.) [See the preceding letter.]
8 Id. Aug.
Florence (f. 227d.)
To Edmund Kyrton, abbot of the Benedictine monastery of St. Peter, Westminster, immediately subject to the Roman church, in the diocese of London. Faculty to him, to whom the pope has recently made provision of the said monastery, to be blessed by any catholic bishop, who shall thereafter send his oath of fealty to the pope, as usual. Cum nos nuper. (An. and Ja. de Ugolinis. | An. xii. de Adria.)
3 Non. Oct.
Florence (f. 245.)
To James Innes, canon of Moray, M.A. Dispensation to him, who is by both parents of a race of barons and a kinsman of Alexander, earl of Ross, to hold for life any two benefices with cure or otherwise incompatible, even if dignities, personatus etc., or one of such and a parish church, and to resign them, simply or for exchange, as often as he pleases, provided that he do not hold two parish churches or perpetual vicarages. Nobilitas generis, litterarum etc. (An. and Ja. Petri. | An. xxxx. de Adria.)
Kal. Oct.
Florence (f. 246.)
To the same. Grant to him (who is by both parents of a race of barons and a kinsman of Alexander, earl of Ross, king James's lieutenant in the northern parts of his realm, and who was lately dispensed by papal authority as the son of a priest and an unmarried woman, to be promoted to all, even holy orders and hold any [compatible] benefices, of any number and kind) that in future graces from the apostolic see he need not mention the said defect and dispensation. [Nobilitas generis.] Litterarum etc. (An. and Ja. Petri. | An. xxxx. de Adria.) [See above, p. 103.]
9 Kal. Oct.
Florence (f. 248.)
Decree as below. The pope has this day admitted the resignations made to him, for purpose of exchange, by David de Crannach and Thomas de Tulach of their respective benefices, namely a canonry of Dunkeld and the prebend called the subdeanery (fn. 15) therein, and the parish church of Tannades in the diocese of St. Andrews, value not exceeding 8l. and 60l. respectively, and has made the respective provisions; and hereby decrees that they shall hold good notwithstanding that he intends to promote the said Thomas to the church of Ross, now void, and that he lately decreed null all collations and provisions of benefices resigned by persons promoted to a prelacy, when such resignation took place between the voidance of such prelacy and their promotion thereto. Ad fut. rei mem. Apostolice sedis providentia. (An. and Ja. Petri. | An. xxvi. Id. Octobris Anno Decimo. de Adria.) [See above, pp. 83, 84, 93, and below, f. 252d.]
5 Non. Oct.
Florence (f. 250.)
To James Broys, rector of Kilmani in the diocese of St. Andrews, M.A. Dispensation to him (who is by both parents of a race of barons, holds the said church, value not exceeding 60l. sterling, and under letters of the present pope is holding a canonry of Glasgow and expecting a prebend therein, and is also expecting a benefice without cure in the gift of the bishop and the prior and chapter etc. of St. Andrews) at his own petition and that of James, king of Scots, to hold for life with the said church any other benefice with cure or otherwise incompatible, even if another parish church etc., and to resign both, simply or for exchange, as often as he pleases. Nobilitas generis, litterarum etc. (An. and G. de Elten. | An. xxxx. de Adria.) [Without the usual special mention of the present pope's late ordinance to the contrary, see above, p. 5.]
Ibid.
Florence (f. 252d.)
To David de Crannach, rector of Tannades in the diocese of St. Andrews. Grant as below. Lately he, by John bishop of Brechin as his proctor, and Thomas, [now] elect of Ross, then of lower rank (fn. 16) , by himself, resigned for purpose of exchange their respective benefices, namely a canonry of Dunkeld and the prebend called the subdeanery therein and the said church, to the pope, who admitted the resignations and made provision to David of the said church as void by the resignation of the said elect. Seeing that the pope has this day made provision to the said elect of the said see, and seeing that, as David's recent petition contained, it is asserted that the said church became void otherwise than as above, and that he fears to be molested about it, the pope hereby grants that the said provision made to him of the said church, value not exceeding 60l. sterling shall hold good from the present date, even if it become void by the said provision and by the consecration of the said elect, or in whatsoever way it be void, provided that the disposal of it belongs for this turn to the pope. Vite etc. (An. and Ja. Petri. | An. xx. Undecimo Kal. Novembris Anno Decimo. de Adria.) [See above, f. 248.]
7 Id. Sept.
Florence (f. 253.)
To Alexander de Lichton, canon of Brechin, I.U.B. Grant to him (who is also M.A., and was lately successively (fn. 17) (sic) dispensed by papal authority, as the son of a deacon and an unmarried woman, to be promoted to all, even holy orders and hold any compatible benefices, of any number and kind, with or without cure, even if canonries and prebends, dignities etc., and to resign them, simply or for exchange, as often as he pleased, and who has been so promoted) that in future graces from the apostolic see he need not mention the said defect nor any dispensations obtained on its account. Litterarum etc. (An. and G. Gonne. | An. xxx. de Adria.)
4 Id. Oct.
Florence (f. 255.)
To the bishop of St. Andrews. Mandate to dispense James Douglas, donsel, and Elizabeth Stewart, damsel, of his diocese, to marry notwithstanding that they are related in the third and second degrees of kindred. (fn. 18) Oblate etc. (An. and G. de Elten. | An. xx. de Adria.) [Stuart, Geneal. Hist. of the Stewarts, p. 465, from '10 Eug. iv. Lib. 3 (sic; cf. above p. 97 note), p. 255'].
7 Kal. Nov.
Florence (f. 258d.)
To James de Innes, dean of Ross, M.A. Grant etc. as below. A cause arose lately between Thomas [de Tullach, now] bishop of Ross, then of lower rank, (fn. 19) and Laurence Piot, clerk, of the diocese of St. Andrews, about the deanery of Ross, the said bishop alleging that, on its voidance by the death without the Roman court of William Farher, provision was made to him by papal authority [see Cal. Lett. VIII, pp. 583, 584] and that in virtue thereof he canonically obtained possession, and the said Laurence opposing, and claiming that it belonged to him [see ibid, pp. 610, 611]. The pope committed the cause, although not lawfully devolved to the said court, at Laurence's instance, to Master Peter Peregrini, and then to Master Paul de Sanctafide, papal chaplains and auditors, the latter of whom proceeded short of a conclusion. Whilst the cause was pending before the said Paul, the pope made provision to the said bishop of the said see, whereby, and by his then future consecration, his right in or to the deanery was to become void; and the pope therefore by other letters ordered the said Paul to reserve the said right to the above James, and to collate and assign it to him, as well as the deanery itself. Seeing that thereafter the said bishop was consecrated by the pope's order at the apostolic see, and that, whilst the said suit was pending, the said Laurence obtained, collated to him by papal authority, the archdeaconry of Caithness, and afterwards that of Aberdeen [see ibid, pp. 276, 295], nonmajor dignities with cure, and subsequently the parish church of Benham (sic) in the said diocese [of St. Andrews], the pope hereby calls up the said cause to himself, extinguishes the suit, and grants to James (who was lately dispensed by papal authority to hold for life any two benefices with cure or otherwise incompatible, even if dignities etc., and to resign them, simply or for exchange, as often as he pleased, etc. [see ibid, p. 314]) that the said provision made to him, and the said other letters, which have not yet been executed, and their consequences, shall hold good from the date of these presents, even if the said deanery, which is a major elective dignity with cure, value not exceeding 40l. sterling, became void by the obtaining of one of the said archdeaconries or the said church of Benham (sic), or in any other way. Litterarum etc. (B. and Ja. Petri. | B. xxv. Tertio Non. Novembris Anno Decimo. Valven.) [See also ibid., pp. 665–667 and above, pp. 303, 305.]

Footnotes

1 On the back of the volume is the usual Italian description: 'Eugenio IV. 1440. Anno 10. Lib. 2.' A flyleaf has, in different contemporary hands: 'Liber 2as de diuersis formis Anno xo. Eugenii pape iiiiti.' 'Daniel' and 'Rubricatus est per dictum D[anielem] xi die Januarii 1440' [-1441]. On the bottom edge of the volume is the usual contemporary description: Secundus de diuersis formis anno decimo domini nostri Eugenii pape iiii.
2 unum capellanum vel clericum ydoneum in sacris ordinibus constitutum.
3 unus clericus.
4 qui matutinas vesperos et alias horas diebus feriatis submissa voce in capella domus huiusmodi simul dicant et missam magnam ad maius altare ibidem, necnon matutinas vesperas (sic) et missam cum nota certis festiuitatibus tunc expressis imperpetuum psallere teneantur.
5 quod magister capellani et clerici [cf. the 'unus clericus' above] supradicti ac ministrantes in diuinis in dicta capella in matutinis vesperis et magna missa cum nota albis superpeliciis honeste sint induti hora diuini seruicii, non garrulantes aut extra chorum vel alibi non vagantes, sed in choro usque ad complementum dicti officii expectare teneantur.
6 impignorationes.
7 nisi aliquod tunc festum duplex aut cum regimine chori interueniret.
8 exequie defunctorum.
9 The word 'curata' is added in the margin, with the note: Correctum de mandato domini F[rancisci Condulmari] Venet[iarum] Vicecancellarii, An. de Adria.
10 pro votiuo ipsius facultatis consequendo effectu.
11 The duration of the grant is not explicitly indicated, but see the next note.
12 eciam presentibus imperpetuum duraturis, implying that the earlier grant had likewise been perpetual. See also above, p. 43.
13 qui in singulis diebus octauarum festiuitatum huiusmodi.
14 pro quolibet ex diebus eisdem dictarum octauarum.
15 subdecanatum.
16 tunc in minoribus constitatus.
17 successive apostolica fuit auctoritate dispensatum.
18 sed quia Jacobus tertio et Elizabeth prefati secundo consanguinitatis gradibus inuicem se attingunt ...
19 tunc in minoribus constitutum.