Lateran Regesta, 411
1444-1445

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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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436-445

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'Lateran Regesta, 411: 1444-1445', Calendar of Papal Registers Relating to Great Britain and Ireland, Volume 9: 1431-1447 (1912), pp. 436-445. URL: http://british-history.ac.uk/report.aspx?compid=103438 Date accessed: 30 July 2014.


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14 Eugenius IV (cont.)

De Exhibitis.

1444.
9 Kal. Nov.
St. Peter's, Rome.
(f. 2d.)
To the official of Glasgow. Mandate as below. The recent petition of Adam de Irwine, priest, of the diocese of Glasgow, contained that formerly, on the voidance of the perpetual vicarage of Kylbarchan in the said diocese, by the death of Andrew Tul[a]ch, he (under letters of the present pope ordering provision to be made to him of a benefice with or without cure, in the gift of the Benedictine abbots and convents of Pa[i]sley and Kylwynnynne in the said diocese) accepted and had provision made to him of the said vicarage, in the presentation of the abbot and convent of Pa[i]sley, and obtained possession; and that, inasmuch as Henry Lougane despoiled him thereof, and the said Henry and Alexander Curowr and John de Camera, priests, of the dioceses of St. Andrews and Glasgow, in many ways molested him about the said vicarage, he appealed to the apostolic see. Seeing that, as the said petition added, he doubts whether the said acceptance and provision hold good, and that it is alleged that neither he nor Henry nor Alexander nor John has a right, the pope hereby orders the above official to summon the said Henry, Alexander and John, hear and decide the appeal cause and the principal matter, and if he find that neither Adam nor Henry nor Alexander nor John has a right, to collate and assign the said vicarage, value not exceeding 10 marks sterling, to Adam. As soon as he obtains it, the said letters shall be null [as far only as regards a benefice with cure]. Vite ac morum. (An. and G. de Elten. | An. xxi. Septimo Id. Novembris Anno Quartodecimo de Adria.) [3 pp.]
18 Kal. Dec.
St. Peter's, Rome.
(f. 6d.)
To the archbishop of Florence, the abbot of Kelsow in the diocese of St. Andrews and William Turnbul, a canon of Glasgow. Mandate as below. The recent petition of Thomas Penven the younger, perpetual vicar of Vyston in the diocese of Glasgow, contained that although he formerly accepted and had provision made to him of the said vicarage, then void by the death of the late Thomas Penven the elder, under letters of the present pope, William Hert and William Turnbul, clerks, of the said diocese, each wrongfully claiming it, prevented, as they still do, the said grant etc. from taking effect, the former intruding himself and detaining possession, as he still does, and both of them molesting Thomas in many ways; that upon Thomas's appeal to the apostolic see the pope committed the appeal and the principal matter, at Thomas's instance, to Master Berardus de Narnia, a papal chaplain and auditor, who by a definitive sentence adjudged the vicarage to Thomas, removed Hert, inducted Thomas, imposed perpetual silence on Hert and Turnbul, condemned Hert in fruits taken, and him and Turnbul in costs, which he afterwards taxed at 25 gold florins of the camera. At the said petition, adding that Thomas fears lest whilst the cause has been pending others have intruded themselves or may do so, the pope orders the above to execute the aforesaid, inducting Thomas and removing Hert, and causing satisfaction to be made to Thomas in respect of the said fruits and costs, and moreover to do so as against such other intruders, so far only as regards giving possession of the vicarage to Thomas. Exhibita nobis. (An. and Anselmus. | An. xii. de Adria.)
4 Id. Dec.
St. Peter's, Rome.
(f. 21d.)
To the bishops of Clonmacnoise (Cluanen.), Ardagh and Kilmore. Mandate as below. The recent petition of Thomas Fitzgorret, prior of the house of Kylmaynan, of the hospital of St. John of Jerusalem, in the diocese of Dublin, contained that Hugh Midelton, alleging himself to be turcopolier (tricupelerium) of the convent of Rhodes, and to have been appointed by the master of the said hospital and the said convent visitor and reformer of the houses of the said Hospital in Ireland, deprived him, on a charge of crime, without being convicted or cited, but in absence without contumacy, and intruded himself, wherefore Thomas has appealed to the apostolic see. At his petition for the commission of the appeal in those parts, the pope orders the above to summon Hugh and others concerned, and decide what is just without appeal. Humilibus supplicum votis. (An. and Anselmus. | An. xii. de Adria.)
1444[–5].
10 Kal. March.
St. Peter's, Rome.
(f. 38.)
To the bishop of Emly, the abbot of SS. Peter and Paul's, Clare (de Forgio alias de Clar), in the diocese of Killaloe, and the precentor of Limerick. Mandate to collate and assign to Matthew Maconmara, a canon of Limerick, who is by both parents of a race of dukes, the rectory of Burnnathi (rectius Bunnrathi) called Tradey, in the diocese of Killaloe, value not exceeding 32 marks sterling, his presentation to which, on its voidance by the death of Donald Maconmara, was made by the patron, Matthew Obryn, prince of Thomond (Totomonie), to bishop Donatus, who instituted him, in virtue of which presentation and institution he has been in possession for about four months, but now doubts their validity; whether it be void as above, or because the said Donald held it for more than a year without being ordained priest, or by the resignation of the late Nicholas Maconmara, or in any other way; notwithstanding that he holds a canonry and the prebend of Donachamor in Limerick, and a certain perpetual benefice without cure called the rectory, of ecclesiastical fee, of Cluenlochan in the said diocese, value not exceeding 8 and 1 marks respectively. Nobilitas generis, vite etc. (An. and Jo. de Steccatis. | An. xxii. Septimo Idus Martii Anno Quartodecimo. de Adria.)
1444[–5].
12 Kal. Feb.
St. Peter's, Rome.
(f. 41.)
To the abbot of Tracton (de Albotractu) in the diocese of Cork. Mandate to collate and assign to William Skiddi, clerk, of the diocese of Cork, the precentorship of Cork, a non-major dignity, value not exceeding 10 marks sterling, collation and provision of which, on its voidance by the resignation of James Lowe to bishop Jordan, were made by that bishop to William, who in virtue thereof obtained possession, but now doubts their validity; whether it be void as stated, or by the death or resignation of John Tyrri. or in any other way. Dignum arbitramur. (An. and Ja. Petri. | An. xxii. Decimoseptimo Kal. Aprilis Anno Quartodecimo. de Adria.)
1444–[5].
10 Kal. Feb.
St. Peter's, Rome.
(f. 85.)
To the bishop of Ossero, the abbot of Kelsow in the diocese of St. Andrews and Thomas de Lauedre, a canon of Glasgow. Mandate as below. The recent petition of Thomas Penven, priest, of the diocese of Glasgow, M.A., contained that, upon making provision to the late Alexander de Lawedre of the see of Dunkeld [above, p. 127], the pope reserved Alexander's canonry of Glasgow and prebend called Gla[s]gow Primo therein, for collation to the late Donald Machnach[t]an, priest, when they should become void by the said provision and by Alexander's consecration, when it took place, or should become void in any other way than by Alexander's death; and that, upon Donald's death before they became void, the pope ordered provision thereof to be made to Stephen Ker, priest, of the said diocese; that, upon their reputed voidance by the death of the said Alexander, within the time for the consecration of bishops, and before he had been consecrated, the said Thomas (in virtue of letters by which the present pope lately ordered provision to be made to him of one or two benefices, even if one had cure or were a canonry and prebend or dignity etc., in the gift of the bishop and the subdean and chapter etc. of Glasgow and the Benedictine abbot and convent of Kelsow in the diocese of St. Andrews) accepted them within the lawful time, as void by Alexander's death, and had provision made to him thereof; that, in his cause, long ventilated in the Roman court against the said Stephen and Thomas Spens and Adam de Auchlek, clerks, of the dioceses of Glasgow and Whiteherne, about the said canonry and prebend, possession of which the said Adam was unlawfully detaining, he gained a definitive sentence by which they were adjudged to him and perpetual silence imposed on Stephen, Thomas Spens and Adam. At the petition of the said Thomas Penven, who doubts whether the said acceptance and provision hold good on account of the said provision to Alexander, etc., the pope orders the above to collate and assign to him, who is also a bachelor of canon law, the said canonry and prebend, value not exceeding 60l. of old sterlings, whether void by the provision to the said Alexander or by his death, or by the resignation of one of the said Alexander, Thomas Spens and Adam, or in any other way. Litterarum scientia, vite etc. (An. and pro F. de Laude, Jo. Tefelen. | An. xxiiii. Quartodecimo Kal. Martii Anno Quartodecimo. de Adria.) [5 pp.]
1444[–5].
4 Non. Jan.
St. Peter's, Rome.
(f. 89.)
To the chancellor of Ross. Mandate to collate and assign to Thomas de Tulach, perpetual chaplain in the church of Brechin, the treasurership of Ross, a non-major non-elective dignity with cure, value not exceeding 30l. sterling, of which, on its voidance by the death of Henry de Buge, bishop Thomas made him collation and provision, the validity of which he now doubts; notwithstanding that he holds the said chaplaincy, without cure and value not exceeding 6l. sterling. Dignum etc. (An. and G. Gonne. | An. xxii. Decimo Kal. Martii Anno Quartodecimo. de Adria.)
1444.
3 Kal. Jan.
St. Peter's, Rome.
(f. 108.)
To the bishops of Winchester, Lincoln and St. Davids. Mandate as below. The recent petition of Henry Preston, donsel, of the diocese of Durham, contained that he brought before the official of York a suit for the recovery of marital rights against Margaret Dalamore, damsel, of the diocese of Carlisle (fn. 2) , who had contracted marriage with him per verba legitime de presenti; and that Robert Ayscogh, doctor of canon law, to whom, after taking some proceedings, the said official had committed the further hearing and termination of the cause, delivered an unjust definitive sentence whereby he dismissed the suit and granted Margaret licence to marry another (fn. 3) , from which sentence Henry appealed to the apostolic see, but has been lawfully hindered from prosecuting the appeal within the lawful time. At his petition for the commission, notwithstanding the lapse of time, of the appeal to judges in those parts, the pope orders the above to summon Margaret and others concerned, and to decree what is canonical without appeal. Humilibus supplicum votis. (An. and Anselmus. | An. xiii. de Adria.)
1444[–5].
7 Id. Jan.
St. Peter's, Rome.
(f. 123.)
To the dean and the archdeacon of Ardagh and the prior of Dearg in the diocese of Ardagh. Mandate as below. The recent petition of Cornelius Ofeargail, subdeacon, of the diocese of Ardagh, contained that on the voidance of the perpetual benefice called the rectory of rural lands of Munconelais (rectius Muntereolais) in the said diocese by the death of John Yfeargail, priest, he (who had been dispensed by papal authority, as the son of a priest and an unmarried woman of noble race, to be promoted to all, even holy orders and hold a benefice even with cure) accepted within the lawful time and had provision made to him of the said benefice, in the gift of the bishop of Ardagh, under letters by which the present pope ordered provision to be made to him of a benefice with or without cure in the gift of the bishop and the dean and chapter etc. of Ardagh and the prioress and convent of the Cistercian monastery of Lochsedi in the diocese of Meath, and dispensed him to receive and hold such benefice; in virtue of which acceptance and provision he obtained and still holds possession, taking some of the fruits, other of the fruits being wrongfully claimed and levied by Paul Macechean, clerk, of the said diocese. At the said petition, which added that the said priest and woman were related in the third and fourth and in the fourth and fourth degrees of kindred, of which there is no mention in the said dispensation, and that therefore, as also for other reasons, Cornelius doubts the validity of the said acceptance and provision, the pope orders the above to summon the said Paul and others concerned, hear both sides and decree what is just without appeal, and if they find that Paul has no right, to collate and assign the said benefice, value not exceeding 24 marks sterling, to Cornelius, whom the pope hereby specially dispenses on account of the said defect to hold it. Vite etc. (An. and Jo. de Ste[c]catis. | An. xxv. Id. Februarii Anno Quartodecimo. de Adria.) [3 pp.]
1444.
7 Kal. Dec. St. Peter's, Rome. (f. 127.)
To the prior of Drumlean in the diocese of Kilmore. Mandate to collate and assign to Matthew Odroma, clerk, of the diocese of Kilmore, the perpetual vicarage of Killnaly in the said diocese, value not exceeding 5 marks sterling, on whose voidance by the death of Patrick Odroma, bishop Donatus made collation and provision to Matthew, who by virtue thereof obtained possession, but now doubts their validity. Dignum etc. (An. and Jo. de Tefelen. | An. xx. Non. Januarii Anno Quartodecimo. de Adria.)
1444[–5].
3 Id. Feb. St. Peter's, Rome. (f. 131d.)
To the bishop of Ossero, the abbot of Cambuskenyth in the diocese of St. Andrews and the official of Dunblane. Mandate to collate and assign to John Cristini, priest, of the diocese of Dunblane, bachelor of canon law, the parish church of Tarwet in the diocese of St. Andrews, value not exceeding 9l. sterling, which he obtained by exchange with John Lang for the perpetual vicarage of Moneuard and a certain perpetual chaplaincy in the parish church of Creff, in the dioceses of Dunblane and Dunkeld, the exchange being carried out by Michael, bishop of Dunblane, who had power from James, bishop of St. Andrews and James, bishop of Dunkeld; the said John Cristini now doubting the validity of the collation and provision made to him of the said church by bishop Michael, by virtue of which he obtained and is still in possession. Litterarum etc. (An. and G. Gonne. | An. xxii. Quarto Non. Martii Anno Quartodecimo. de Adria.) [2½ pp.]
1444[–5].
Id. Feb. St. Peter's, Rome. (f. 165d.)
To the abbots of Holyrood de Eduynbu[r]gh (fn. 4) and St. Mary's de Nowboutyl, in the diocese of St. Andrews. Mandate as below. The recent petition of Robert Lauedec (rectius Laueder), canon of Glasgow, M.A., contained that on the voidance of the perpetual vicarage of Gesildon (sic) in the diocese of St. Andrews by the death of William de Stechelgreffe, certain proctors of Robert, who was then in remote parts, believing that the said vicarage, which is in the presentation of the Benedictine prior of Coldyncgam in the said diocese, was comprehended under other letters of the pope (by which he had ordered provision to be made to Robert of one or two benefices, even if one had cure, in the gift of the bishops of St. Andrews and Glasgow, the prior of St. Andrews, the dean and canons of Glasgow, the chapters etc. of the said churches, and the abbot and convent of the Benedictine monastery of Calco in the said diocese), accepted it under pretext thereof, within the lawful time, in his name, and caused provision to be made to him, and, under pretext of the said acceptance and provision, took possession and in his name still detain it; that John de Oll, prior of the said priory, presented Henry Brisson, clerk, of the said diocese, to bishop James, who has not yet instituted him, wherefore Henry appealed to the apostolic see, but has not prosecuted his appeal within the lawful time. Seeing that the said acceptance and provision are without force, the pope orders the above to summon Henry and others concerned, and if they find that he has not prosecuted the said appeal within the due time, to decree and declare it abandoned, and in that event to collate and assign the said vicarage, value not exceeding 10l. sterling, to the said Robert, who is also a bachelor of canon law, and is of a race of barons. Nobilitas generis, litterarum etc. (An. and Ja. Petri. | An. xxvi. Tercio Id. Martii Anno Quintodecimo. de Adria.) [4 pp.]
1444[–5].
5 Non. March. St. Peter's, Rome. (f. 198.)
To the bishop, the dean and the archdeacon of Emly. Mandate as below. The recent petition of Matthew Macormara (rectius Maconmara), clerk, of the diocese of Killaloe, contained that on the voidance of the precentorship of Killaloe by the death of Robert Yrrckly he, by virtue of certain letters—by which the pope had lately ordered provision to be made to him of one or two benefices, even if one of them had cure or were a canonry and prebend or an elective dignity etc. with cure, of a cathedral church, in the gift of the bishops and the deans and chapters etc. of Killaloe and Limerick, and had dispensed him (he alleging that he was the son of unmarried parents, of a noble race of dukes, who were related in the double third and double fourth and the fourth and fourth degrees of kindred and in the quintuple and double third and the double fourth and the fourth and fourth and second and third and third degrees of affinity, and who, notwithstanding the impediments arising therefrom, contracted marriage without canonical dispensation; and alleging that he, believing that his parents had such dispensation, and that he was therefore of lawful birth, had himself made a clerk without mentioning the foregoing, and obtained a number of benefices, which he afterwards resigned) notwithstanding the said defect, to act as a clerk and be promoted to all, even holy orders and receive and hold a benefice or benefices comprehended under the said letters—accepted within the lawful time and had provision made to him of the said precentorship, as comprehended under the said letters, obtained it and is still in possession, in virtue of such acceptance and provision, the validity of which he now doubts. The pope therefore orders the above to collate and assign to him the said precentorship, a non-major non-elective dignity with cure, and the rectory of Tuemorloga in the said diocese of Killaloe, of the patronage of laymen, without cure, void by the death of Donald Maconmara, value not exceeding 5 and 2 marks sterling respectively; whether they be void as stated, or the precentorship be void by the resignation of Henry Ycormacan, clerk. He is hereby specially dispensed to receive and hold them, and upon obtaining the precentorship the said other letters shall be null as far only as regards a benefice which shall have cure and be such dignity etc. Vite etc. (An. and Jo. de Tefelen. | An. xxxii. Decimo Kal. Aprilis Anno Quintodecimo. de Adria.) [3¼ pp.]
1444[–5].
Prid. Non. Mar. St. Peter's, Rome. (f. 247d.)
To the abbot of Inchcolm (Insule Sancti Columbe) in the diocese of Dunkeld and the prior of St. Andrews. Mandate as below. The recent petition of William Person, rector of Maluill in the diocese of St. Andrews, contained that provision of the said church was made to him by papal authority on its voidance by the death of William Bell, but that David de Benala, priest, of the said diocese, intruded himself, and that he and Robert de Lithqw, clerk, of the diocese of Glasgow, usurped the fruits, wherefore William appealed to the apostolic see. At the said petition, for the commission in those parts of the cause of the appeal and of the principal matter, the pope orders the above to summon the said David and Robert, hear both sides and decree what is just without appeal. Humilibus supplicum votis. (An. and Anselmus. | An. xii. de Adria.)
1444.
3 Kal. June. St. Peter's, Rome. (f. 287d.)
To the bishops of Ossero and Aberdeen and the dean of Brechin. Mandate as below. The recent petition of Walter Blare, archdeacon of Teviotdale in Glasgow, contained that on the voidance of the said archdeaconry by the deprivation, made by papal authority, of William Croyser for his having remained at Basel and adhered to those who remained there after the pope's transfer of the General Council thence to Ferrara, collation and provision was by the said authority made to him [see above, p. 174], but that Patrick Hume, clerk, of the diocese of St. Andrews, wrongfully claiming it, prevented, as he still does, the said collation and provision from taking effect, intruding himself, taking and detaining possession, as he still does, and taking the fruits, therefore Walter appealed to the apostolic see; that the pope committed the cause of the appeal and of the principal matter, at Walter's instance, to Master Paul de Sanctafide, a papal chaplain and auditor, who by a definitive sentence adjudged the archdeaconry to Walter, removed Patrick, inducted Walter, imposed perpetual silence on Patrick, and condemned him in costs, which he afterwards taxed at 30 gold florins of the camera. At the said petition, adding that Walter doubts whether whilst the suit has been pending others have intruded themselves or may do so, the pope orders the above to execute the aforesaid, inducting Walter, removing Patrick, causing satisfaction to be made to Walter for fruits etc. and the said costs, and moreover to execute these presents equally against such other intruders as far only as regards giving possession to Walter. Exhibita nobis. (An. and Anselmus. | An. xii. de Adria.) [3½ pp.]
1444[–5].
5 Kal. Feb. St. Peter's, Rome. (f. 308.)
To the bishop of Ossero, and the officials of Glasgow and Dunblane. Mandate as below. The recent petition of Patrick Leiche, a canon of Dunblane, contained that he formerly, by virtue of letters of the present pope, accepted within the lawful time and had provision made to him of a canonry of the said church and the prebend of Logy, on their voidance by the death of Donald Mechnachtan [without the Roman court], but that John de Outhre (rectius Guthre) and Adam de Montegomory, clerks, of the diocese of Glasgow, wrongfully claiming them, prevented, as they still do, the said acceptance and provision from taking effect, the said John taking possession, which he still detains, and taking the fruits, and both he and Adam molesting Patrick in many ways; that a cause arose between Patrick and the said John and Adam, and that the pope, at Adam's instance, committed the cause, as far as regarded Patrick and him, notwithstanding that it had not lawfully devolved to the apostolic see, and subsequently, as far also as regarded John, to Master Paul de Sanctafide, a papal chaplain and auditor, who by a definitive sentence adjudged the canonry and prebend to Patrick, removed John, inducted Patrick, imposed perpetual silence on John and Adam, condemned John in fruits taken, and him and Adam in the costs, which afterwards Master John Carnaial, also a papal chaplain and auditor, taxed at 35 gold florins of the camera. At the said petition, adding that Patrick doubts etc. as in the preceding, mutatis mutandis. Exhibita nobis. (An. and Anselmus. | An. xii. de Adria.)
1444[–5].
3 Id. Feb. St. Peter's, Rome. (f. 313d.)
To the bishop of Ossero and the abbots of Holyrood of Edinburgh and Melros, in the dioceses of St. Andrews and Glasgow. Mandate as below. The recent petition of James Lyndissay, a canon of Glasgow, contained that he formerly, by virtue of letters of the present pope, accepted within the lawful time and had provision made to him of a canonry of the said church and the prebend of Stobo, on their voidance by the death of William de Fowlis, but that Adam de Hepburn, David de Ogilwy, Robert Stewart and William de Dunbar, clerks, of the diocese of St. Andrews, each wrongfully claiming them, prevented, as they still do, the said acceptance and provision from taking effect, wherefore James appealed to the apostolic see; that the pope, at his instance, committed the cause of the appeal and the principal matter to Master George de Cesarinis, a doctor of canon law and a papal notary, residing in the Roman court, who by a definitive sentence adjudged the said canonry and prebend to James, imposed perpetual silence on the said Adam, David, Robert and William, and condemned them in costs, which he afterwards taxed at 25 gold florins of the camera. At the said petition, which added that James doubts whether the said Adam etc. will obey the said sentence, the pope orders the above to execute the aforesaid, inducting James, removing any unlawful detainer, and causing satisfaction to be made to James in respect of the fruits etc. and the said costs etc. Exhibita nobis. (An. and Anselmus. | An. xii. de Adria.)

Footnotes

1 On the back of the volume is the usual modern description: Eugenio IV. 1444. Anno 14 (corrected from 15). Lib. 2. The bottom edge of the volume has the usual contemporary description: Secundus de Exhibitis anno xiiii Eugenii pape iiiiti. A torn flyleaf has, in contemporary hands, '2us. de Exhibitis anno xiiiio. domini nostri Eugenii p[ape iiiiti.], and 'De Montemirabili per totum mensem,' and the usual modern 'Lib. clxxxv. foliorum 318.'
2 ... cum olim ipse ... Margaretam ... super hoe petendo ipsam sibi adjudicari in uxorem legitimam coram ... officiali ... traxisset in causam ...
3 ... definitivam per quam eandem Margaretam ab impetitione dicti Henrici absolvit et alteri nubendi licenciam concessit sentenciam promulgavit iniquam ...
4 The letter 'r' was originally written, but has been erased, and the 'u' and 'g' linked together by a stroke across the vacant space.