Lateran Regesta, 404
1443-1444

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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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383-390

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'Lateran Regesta, 404: 1443-1444', Calendar of Papal Registers Relating to Great Britain and Ireland, Volume 9: 1431-1447 (1912), pp. 383-390. URL: http://british-history.ac.uk/report.aspx?compid=103431 Date accessed: 19 April 2014. Add to my bookshelf


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13 Eugenius IV (cont.)

De Exhibitis

1443.
Prid. Id. Oct.
Lateran
(f. 30d.)
To Master Paul de Sanctafide, a papal chaplain and auditor. Mandate, at the recent petition of John Ochiltre, clerk, of the diocese of Dunblane, containing that a cause arose lately between him and Adam de Montegemorre and Patrick Lethe, clerks, of the said diocese, about a canonry of Dunblane and the prebend called Loger therein, provision of which, on their voidance by the death without the Roman court of Donald Maknathten, was made to him by authority of the ordinary, by vigour of which he obtained possession, the said Adam and Patrick unjustly opposing the said provision and obtaining possession, and preventing John's peaceable possession, etc.; that the pope committed the cause, although it had not lawfully devolved to the Roman court, at Adam's instance to the above auditor, who has proceeded short of a conclusion. Seeing that, as the said petition added, some allege that none of the said litigants has a right in or to the said canonry and prebend, the pope orders the above auditor, if he find this to be the case, to collate and assign them, value not exceeding 8l. sterling, to the said John. Vite etc. (An. and G. Gonne. | An. xx. Quartodecimo Kal. Januarii Anno Terciodecimo. de Adria.)
1443[–4].
15 Kal. Feb.
St. Peter's, Rome
(f. 44d.)
To the abbot of SS. Peter and Paul's, Armagh. Mandate as below. The recent petition of Cristinus Olucharean, a canon of Armagh, contained that lately on the voidance, by the death without the Roman court of Denis Oculean, of the rectory of Domnachmor in the diocese of Armagh, the archbishop of Armagh (fn. 2) made collation and provision thereof by his ordinary authority to the said Cristinus, who by vigour thereof obtained possession and has held it for some time; and added that some assert that a suit about the said rectory was at the time of the said collation and provision and still is pending within or without the said court between the said Denis and the late John Olucharean, clerk, before an auditor of causes of the apostolic palace or another judge, by papal commission, wherefore, as also for other reasons, Cristinus doubts whether the said collation and provision hold good. The pope therefore, seeing that the said rectory is still void, as he has learned, by the death of the said Denis or by the death of the said John, hereby calls up the said cause to himself and extinguishes the said suit, and orders the above abbot to collate and assign to Cristinus, who is a priest and official of Armagh, if found fit, the said rectory, which was erected by the said authority [of the ordinary] into a prebend of the church of Armagh, and whose value does not exceed 12 marks sterling; whether it be void as above, or by the obtaining lately by the said Denis, by papal authority, of the deanery of Armagh, or by the resignation of the said Denis or of Geoffrey Olucharean, a priest, or in any other way. Dignum etc. (An. and G. Gonne. | An. xxxv. Tercio Id. Februarii Anno Terciodecimo. de Adria.)
1443.
3 Id. July.
Siena
(f. 61.)
To the abbots of Holyrood and Inchcolm (Sancti Columbe) in the dioceses of St. Andrew and Dunkeld, and the archdeacon of St. Andrews. Mandate, at the recent petition of David de Meldrom, clerk, of the diocese of St. Andrews (containing that on the voidance of the perpetual vicarage of Obyn in the diocese of Aberdeen by the death without the Roman court of John Ade, Andrew [de] Meldron [sic], preceptor of the house in Scotland of the hospital of St. John of Jerusalem, the patron by ancient custom, presented the said David, being of lawful age and fit, within the lawful time to Ingram, bishop of Aberdeen, who, falsely alleging that David was not of lawful age, and desiring to make provision to his nephew, although sufficiently informed of David's said lawful age, refused to admit the said presentation and to institute David, who appealed to the apostolic see) to summon the said bishop and others concerned, hear and decide, without appeal, the cause of the said appeal and of the principal matter, enforcing their decision by ecclesiastical censure, and, if they find that the said vicarage is still void as above, to collate and assign it, with cure and value not exceeding 9l. sterling, to David. Vite etc. (An. and Ja. de Vicentia. | An. xx. Sexto Kal. Augusti Anno Terciodecimo. de Adria.)
11 Kal. Sept.
Siena
(f. 71d.)
To the bishop of Killaloe, the abbot of Clare (de Forgio alias de Clar) in the diocese of Killaloe, and the treasurer of Killaloe. Mandate as below. The recent petition of Renaldus Ycorbayn, perpetual vicar of Kyllwran in the diocese of Killaloe, contained that he formerly obtained, canonically collated to him, the said vicarage and had held it for some time when Cornelius Orodayn, priest, of the said diocese, who had no right in it, prevented him from taking the fruits etc.; that at length, yielding to his fear of Cornelius's power, (fn. 3) he agreed with the said Cornelius to take as arbitrator Thady Maconmara, archdeacon of Killaloe, who gave an unjust decision by which Cornelius was for sixteen years to take the fruits etc., yearly value 8 marks sterling, of the said vicarage, and pay to Renaldus one mark sterling a year, which decision Renaldus, on account of the said power, has not dared to contradict, but which he has not confirmed. (fn. 4) At the said petition, alleging that Cornelius has since the said arbitrator's decision taken under pretext thereof the said fruits, the pope orders the above to summon Cornelius and others concerned, and if they find the facts to be as stated, to proclaim that Renaldus is not bound to observe the said decision, and in other respects to decree what is just, without appeal, causing their decision to be enforced by ecclesiastical censure, invoking the aid of the secular arm, etc. Humilibus supplicum votis. (Chri. and Ja. Petri. | Chri. xv. Coronen.)
6 Kal. July.
Siena
(f. 177.)
To the patriarch of Jerusalem, the prior of Rostinot in the diocese of St. Andrews and the archdeacon of Aberdeen. Mandate as below. The petition of abbot Walter and the convent of the Benedictine monastery of St. Thomas the Martyr, Aberbrothoc in the diocese of St. Andrews, contained that a contract and convention were made between the late John, abbot, and the convent of the said monastery and the late Walter de Tulach, lord of the place of Beniton, and that a grant and alienation were made by the said abbot John and convent to the said Walter de Tulach and the late Agnes his wife, and to their successors and heirs, of the towns of Tulach and Crachy in the diocese of Brechin, and the land, meadows etc. thereof, under a yearly cess; that, although the said contract, convention, grant and alienation were without force, nevertheless Walter de Tulach, esquire (armiger), of the said diocese of Brechin, alleging himself to be the heir of the said man and wife, then deceased, under pretext of the said contract etc. intruded himself in the said towns, land, meadows etc., and took possession and still detains them, refusing, after the death of the said abbot John, to restore them to the said abbot Walter and convent; that the cause which arose was, at the instance of abbot Walter and the convent, committed by the present pope, although not lawfully devolved to the Roman court, to Dominic, cardinal deacon of St. Mary's in Via Lata, who by a definitive sentence annulled the said contract etc. and their consequences, removed the said esquire and restored abbot Walter and the convent, imposing perpetual silence upon the said esquire, and condemning him in the fruits etc. taken since the time of the said refusal and in the costs; that the said esquire's appeal was committed by the pope to Nicholas, cardinal priest of St. Marcellus's, who by a definitive sentence decreed cardinal Dominic's proceedings good, confirmed his sentence and decreed the said appeal bad, condemning the said esquire in the further fruits etc. taken since the said sentence and in the further costs incurred before himself, the said costs being subsequently taxed by the said two cardinals at 45 and 50 gold florins of the camera respectively. At the said petition, which added that the said abbot Walter and convent doubt whether, whilst the said suit has been pending, other persons may have intruded themselves or may do so in future, the pope hereby orders the above to restore the said abbot and convent to corporal possession of the said towns, land, meadows etc., remove the said esquire, cause satisfaction to be made to them in respect of fruits etc. and costs, in accordance with the said sentences, and moreover to execute these presents against such other intruders (as far only as regards giving possession of the said towns etc. to the said abbot and convent) as if the said sentences had been delivered against them, invoking the aid of the secular arm etc. Exhibita etc. (An. and Anselmus. | An. xvi. de Adria.) [3¾ pp.]
4 Kal. July.
Siena
(f. 187d.)
To the chancellor of Killaloe. Mandate to collate and assign to Cornelius Ihurchuly, a canon of Killaloe, if found fit, the still void parish church of Tridaglas in the diocese of Killaloe, of the patronage of laymen, value not exceeding 6 marks sterling, which, on its voidance by the death without the Roman court of William Ohanle, he obtained by presentation of the patron Richard Burgh, nobleman, layman, to James, bishop of Killaloe, who instituted him, by vigour of which presentation and institution he obtained possession, but now doubts whether they hold good; whether it be void as above, or by the death of Thomas Maccosdy without the said court, or in any other way; notwithstanding that he holds a canonry of Killaloe with the prebend of Cluoyndagad, and a canonry of Emly with the prebend of Latinem, value together not exceeding 4 marks. Dignum arbitramur etc. Exhibita siquidem nobis. (Chri. and G. de Elten. | Chri. xx. Decimoseptimo Kal. Augusti Anno Terciodecimo. Coronen.)
6 Kal. July.
Siena
(f. 203.)
To Denis Odubgylla, (fn. 5) dean of Kilmacduagh. Grant as below. His recent petition contained that formerly—after the present pope had ordered provision to be made to him of the said deanery, a major dignity with cure (which Denis, [now] bishop of Kilmacduagh, held at the time of his promotion by the present pope to the said church), upon its becoming void by the said promotion, or by the lapse of the canonical time for consecration, or in any other way than by the said bishop's death, and had dispensed him to hold therewith for life his perpetual vicarage of Kyndmara in the diocese of Kilmacduagh—he (supposing, on account of the lapse of time for the said bishop, then elect, to obtain possession of the rule and administration of the said church, that he had been consecrated, and that the deanery was therefore then void) obtained possession thereof (collation and provision of it having been made to him by vigour of the said letters), and held for some time deanery and vicarage (of which latter he has since been despoiled by a certain adversary, against whom he has obtained by way of a possessory suit a definitive sentence, from which an appeal is said to have been made to the apostolic see), and still holds the deanery and in good faith takes its fruits. Seeing, however, that as the said petition added it is alleged by some that the deanery became void, not then but afterwards, by the said bishop's obtaining possession of the said rule and administration, and by his consecration, and is at present void, and that Denis fears to be molested in future, the pope hereby wills and grants to him (who has been dispensed by papal authority, 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) that the said collation and provision and their consequences shall hold good from the date of these presents, (fn. 6) even if the said deanery, value not exceeding 12 marks sterling, (that of the said vicarage, provision of which the pope has this day granted to him, not exceeding 8) became then void by the said promotion and consecration or in any other way etc., or be void at present; and dispenses him to hold deanery and vicarage together for life; notwithstanding that his father is a canon in the said church of Kilmacduagh, etc. (fn. 7) Vite ac morum. (An. and G. de Elten. | An. xxx. Terciodecimo Kal. Augusti Anno Terciodecimo. de Adria. Correct(a) Septimo Id. Februarii Anno Sextodecimo, An. de Adria.)
13 Kal. Aug.
Siena
(f. 221d.)
To the archdeacon and the precentor and Magonius Ohanrahayn, a canon, of Kilfenora. Mandate to collate and assign to Dermit Omenayd, acolyte, of the diocese of Kilmacduagh (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 a benefice even with cure) the treasurership of Kilmacduagh, a non-major dignity with cure, value not exceeding 3 marks sterling, void by the resignation to John, bishop of Kilmacduagh, of Cornelius Ydongnach; summoning and removing Denis Machtleynd, priest, of the said diocese, who without any canonical title took possession by his own temerity and has unduly detained it for more than a year but less than two; the said Dermit alleging that, with the exception of the persone of the chapter of Kilmacduagh, there are no competent judges residing in the city and diocese of Kilmacduagh by whom these presents could be executed. He is hereby dispensed, on account of the said defect etc., to receive and hold it. Vite etc. (An. and G. de Elten. | An. viii. Residuum pro deo. Tercio Non. Augusti Anno Terciodecimo. de Adria.)
9 Kal. Aug.
Siena
(f. 275d.)
To the dean and Patrick Odubgilla and William Ocorcrayn, canons, of Kilmacduagh. Mandate as below. The recent petition of Matthew Maccommara, precentor of Killaloe, contained that although he canonically obtained the said precentorship, a non-major dignity, (on its voidance by Odo Ohogayn, [now] dean of the said church, obtaining the said deanery by vigour of a collation and provision made to him by papal authority) and had held it for more than seven years and was still holding it in peace, Matthew Maccommara, clerk, of the diocese of Killaloe (falsely alleging that the said precentorship was due to him under pretext of a provision made to him by vigour of papal letters of expectation, obtained as the result of a false statement that the precentorship was void) caused the said precentor to be summoned before an executor of the said letters, who promulgated an unjust definitive sentence against the said precentor, aware of but in contempt of whose appeal to the apostolic see the said executor inducted the said clerk and removed the said precentor, the said clerk taking and being still in wrongful possession. The pope therefore orders the above, seeing that from fear of the said clerk's power the said precentor cannot safely meet him within the city or diocese of Killaloe, to summon the said clerk, and if they find the facts to be as stated, to decree null the said provision and sentence etc., and to restore the said precentor, removing the said clerk, etc. Humilibus supplicum votis ... Exhibita siquidem nobis. (An. and B. de Monte. | An. x. Residuum pro deo. de Adria.)
3 Id. Sept.
Siena
(f. 283.)
To the archdeacon of Clonfert. Mandate as below. The recent petition of William Yhaucond, clerk, of the diocese of Clonfert, contained that formerly, after he had been dispensed by authority of the ordinary, as the son of an abbot of the order of St. Augustine and an unmarried woman, to be promoted to minor orders and hold a benefice without cure, on the voidance of the prebend of Kylleiway in the church of Clonfert by the death without the Roman court of Patrick Oduibeilla, Thomas, bishop of Clonfert made collation and provision thereof by his ordinary authority, without a canonry of the said church, to William, who had not been otherwise dispensed on account of the said defect, and who, in ignorance of the law and believing that he could do so, took possession under pretext of the said collation and provision, and still detains it. Seeing that the said collation and provision are therefore without force, and that the said prebend is still void as above, the pope hereby orders the archdeacon to make provision to William of a canonry of the said church, and to collate and assign to him the said prebend, value not exceeding 3 marks sterling. William is hereby dispensed, notwithstanding the said defect etc., to be promoted to all, even holy orders and hold the said canonry and prebend. Dignum arbitramur etc. Exhibita siquidem nobis. (An. and Ja. Petri. | An. xxv. Nono Kal. Novembris Anno Terciodecimo. de Adria.)
5 Kal. Dec.
St. Peter's, Rome
(f. 303.)
To the dean of Armagh. Mandate to collate and assign to Philip Odacchan, priest, of the diocese of Armagh, the rectory, still void as below, of Killisyll in the said diocese, with cure and value not exceeding 4 marks sterling, of which formerly, on its becoming void by the resignation of Nellanus Oconollan, priest, of the said diocese, to John, archbishop of Armagh, that archbishop made by his ordinary authority collation and provision to the said Philip, who had been dispensed by papal authority, 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, by vigour of which collation and provision he obtained the rectory and is still in possession, but now doubts whether they hold good. Dignum arbitramur etc. Exhibita siquidem nobis. (An. and Jo. de Tefelen. | An. xviii. Sextodecimo Kal. Januarii Anno Terciodecimo. de Adria.)
12 Kal. Jan.
St. Peter's, Rome
(f. 307d.)
To the official of St. Andrews. Mandate (the chapter of Dunkeld having, perhaps in ignorance of the pope's late reservation of all cathedral major dignities, elected, on the voidance of the deanery, a major elective dignity, by the death of Robert without the Roman court, John Stewart, a canon of he same church, I.U.B., who, likewise ignorant, consented to the election which, in accordance with the above, is without force), to collate and assign to the said John, who is also M.A. and of royal progeny, and is a canon, holding a prebend, of the said church, at his own petition and that of king James, whose kinsman he is, the said deanery, with cure and value not exceeding 60l. sterling, still void as above. Dignum arbitramur etc. Dudum siquidem omnes. (An. and G. Gonne. | An. xxvi. Nono Kal. Januarii Anno Terciodecimo. de Adria.)

Footnotes

1 On the back of the volume is the usual modern Italian description: Eugenio IV. 1443. Anno 13. Lib. 167. A flyleaf has, in different contemporary hands, (i) Primus de Exhibitis Anno 13o domini nostri Eugenii pape 4, (ii) Gumifortus, (iii) Liber primus de Exhibitis Anno xiiio, Rubricatus per me Gumifortam de Fortibus die xxxi. Martii, and the usual modern Lib. clxvii, fol. 315. The bottom edge of the volume has also, as usual, the contemporary description: Primus de Exhibitis anno xiii domini nostri Eugenii pape iiii.
2 venerabilis frater noster archiepiscopus Ardmachanus. His name is not mentioned, but the venerabilis frater points to his being alive at the above date, i.e. to his being archbishop John Mey, who succeeded archbishop John Prene Aug. 26, 1443 (Eubel, Hierarchia, II. p. 107.)
3 tandem Renaldus per Cornelium prefatum cum laicali potencia vi et metu qui cadere poterant in constantem inductus. For the conventional phrase see a note by T. F. Tout in Eng. Hist. Review, vol. xviii, pp. 482, 483.
4 sed nec etiam illud emologauit.
5 The short stroke of the 'b' has been wrongly erased, making 'Odulgylla.'
6 The text, which has been corrected in several places, is as follows:—Exhibita siquidem nobis nuper pro parte tua peticio continebat quod olim postquam nos tibi de decanatu ecclesie Duacensis qui curatus ac inibi dignitas post pontificalem maior existit, et quam venerabitis frater noster Dionisius episcopus Duacensis tempore promotionis per nos facte de persona sua ad dictam ecclesiam tunc pastore carentem obtinebat, cum per promocionem huiusmodi aut per lapsum temporis (corrected in the text itself from tempus, which is cancelled and overwritten A[ntoniu]s [de Adria]) de consecrandis episcopis a canonibus diffiniti vel alias quovis modo preterquam per ipsius episcopi obitum vacare contingeret, per alias nostras litteras gratiose prouideri mandaueramus, ac tecum, qui tunc ut asserebas perpetuam vicariam parrochialis ecclesie de Kyndmara Duacensis diocesis obtinebas, ut decanatum si dictarum litterarum vigore tibi conferretur et vicariam prefatos insimul quoad viueres retinere valeres duxeramus dispensandum, tu propter dilati cursum temporis per eundem episcopum tunc Duacensem electum quominus pacificam vel quasi regiminis administracionisque dicte ecclesie possessionem assequeretur, sibique [consecrationis] munus predictum impensum fore stetisse, ac propter (rectius propterea) dictum decanatum vacare tunc existinans, possessionem illius, qui vigore litterarum earundem collatus et de quo prouisum tibi fuit, assecutus, illum necnon vicariam ipsam, cuius possessione in qua tunc eras interim per quendam tuum aduersarium de facto fuisti spoliatus, et in possessorio (substituted in the margin, with the subscription An.; the possessione of the text being cancelled and overwritten As.) desuper diffinitiuam a qua ut dicitur ad sedem apostolicam appellatum extitit sentenciam reportasti, insimul aliquamdiu tenuisti, prout dictum decanatum tenes, fructus bona fide percipiens ex eodem. Cum autem sicut eadem peticio subiungebat ab aliquibus asseratur dictum (inserted in the margin and subscribed An.; the ipsum of the text being cancelled and overwritten As.) decanatum ex persona vel facto prefati (this word is cancelled and overwritten As.) episcopi non tunc sed postea ex eo quod idem episcopus possessionem vel quasi regiminis et administrationis huiusmodi assecutus ac ad (sic: attention is drawn to the word ad by a cross over it) dictum munus impensum extitit vacauisse de presentique vacare, et propterea super illo posse dubites inantea molestari, Nos volentes te, cum quo alias ut asseris super defectu natalium quem pateris de presbytero genitus et soluta ut eo non obstante ad omnes etiam sacros ordines promoueri et beneficium ccclesiasticum etiam si curam haberet animarum obtinere valeres auctoritate apostolica dispensatum extitit (the clause from cum to extitit is inserted in the margin, with the following note at the end of it: Correctum de mandato reuerendissimi domini F[rancisci Condulmari] Portuensis [episcopi] Vicecancellarii, An. de Adria), premissorum meritorum tuorum intuitu fauore prosequi ... volumus et ... concedimus quod collateo et prouisio predicte et quecunque inde secuta a data presencium raleant ...
7 The clause quodque tuus genitor ... is added in the margin, and subscribed Correctum ut supra, An.