Lateran Regesta, 415
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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460-468

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'Lateran Regesta, 415: 1444-1445', Calendar of Papal Registers Relating to Great Britain and Ireland, Volume 9: 1431-1447 (1912), pp. 460-468. URL: http://british-history.ac.uk/report.aspx?compid=103442 Date accessed: 23 July 2014.


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14 Eugenius IV (cont.).

De Diversis Formis.

14 Dugenius IV (cont.)

1444.
3 Kal. Jan. St. Peter's, Rome. (f. 19d.)
To all faithful. Relaxation, to be valid during twenty years only, of three years and three quarantines of enjoined penance to penitents who, on the principal feasts of the year and the dedication and on All Saints, the octaves of certain of them and the six days of Whitsun week; and of a hundred days to those who, during the said octaves and six days, visit and give alms for the repair, restoration and conservation of the church of the cell, called the priory, of St. Mary, Crosmulina, of the order of canons regular of St. Augustine, in the diocese of Killala (Aladen.), which on account of wars has been completely burnt and had its ornaments etc. diminished. Et si propheta. (An. and Cincius. | An. Gratis pro deo de mandato domini nostri pape. de Adria.)
Prid. Kal. Dec.
St. Peter's, Rome. (f. 28d.)
Annulment etc., as below. Lately, on its being submitted to the pope on behalf of Adam de Auclek, clerk, of the diocese of Glasgow that (after provision was made by authority of the ordinary to Thomas Spens, M.A., of a canonry of Glasgow and the prebend called 'Glasgu Primo,' on their voidance by the death of Alexander de Lauedre before his consecration as bishop of Dunkeld, to which church he is said to have been promoted [see above, p. 127]; and after the said Adam had obtained them, collated to him by the said authority, upon the said Thomas resigning them after obtaining them, void as stated, in virtue of the said provision), a number of others, and especially Thomas Penven, priest, of the said diocese, M.A. and bachelor of canon law, within the lawful time accepted the same, void as above, under pretext of divers letters granted to them by the pope, and got provision made to them. Subsequently (Penven having obtained, after long litigation against Adam before a certain judge, a definitive sentence in his favour, which became a res judicata, and having obtained letters of execution addressed by the pope to certain judges, which are said to have been executed) the pope, on 3 Non. July anno 13 [1443], at the instance of William, earl of Douglas, who alleged that Adam was his kinsman and secretary, granted that any acceptances and provisions of the said canonry and prebend and papal letters of provision granted to any other soever, and the said sentence, should be annulled, and that perpetual silence should be imposed on the said Penven and the said others in respect of the said canonry and prebend etc., as is contained in a certain petition signed by the pope's order. At the recent petition of the said Penven, containing that the said grant is to his great prejudice, and that in the prosecution of the said suit he, who has ministered for several years in priest's orders, has undergone great labour and expense, the pope hereby annuls and cancels in the registers of petitions and bulls and anywhere else the said grant and any papal letters drawn up in regard thereto, and any proceedings taken in the matter of such letters, and their consequences, restores Penven, in regard to the said grant, to the state in which he was before it emanated, and decrees that the said sentence in his favour and the said letters of execution should have been and shall be executed as if the said grant had not issued. Ad fut. rei mem. Romanus pontifex. (An. and G. de Elten, Jo. de Tefelen. | An. xxxii. de Adria.)
Ibid. (f. 30d.)To the bishop of Kilmore (Triburnen.) Mandate to dispense Bernard Macbradayg, layman, and Africa Nigenyragillich (rectius ingen Yragillich), of his diocese (who formerly, not in ignorance that they were related in the third degree of kindred and the double third and fourth degrees of affinity, committed fornication more than once and had offspring) to marry, notwithstanding the said impediment of kindred and affinity, enjoining penance for their incest and decreeing the said offspring and that to be born of the marriage legitimate. Oblate nobis. (An. and F. de Laude. | An. xx. de Adria.)
5 Id. Dec.
St. Peter's, Rome. (f. 59.)
To the abbot of Bittesden in the diocese of Lincoln. Mandate at the recent petition of William and John Prest and all the other inhabitants of the villages (villarum siue villagiorum) of Willestourne, Gabelcote, Mershe and Sterthuntishend' in the parish of Trynge, in the diocese of Lincoln (containing that the said villages are an English mile distant from the said parish church, to which it is very often burdensome for the said inhabitants to go for mass and other divine offices, for baptisms and other sacraments and sacramentals, especially in winter, on account of floods, the dangerous crossing of wooden bridges, perils of the roads, frequent tempests and divers other impediments, and that in consequence children sometimes die without baptism and the sick without the sacraments; and that in the said village of Willestourne there has been founded a chapel of the Exaltation of Holy Cross in which mass etc. can be celebrated, marriages solemnized, women churched, children baptized and other sacraments and sacramentals administered), to summon the rector of the said church for the time being, and if he find the aforesaid to be true, to grant licence and faculty to the said William and John and others to have a font erected in the said chapel, and after the chapel has been erected and built, to have mass etc. celebrated in perpetuity therein, and the Easter candle blessed, by a fit priest or chaplain deputed by them, to be provided for from the tithes and obventions of the said villages, up to a sum of 15 marks sterling, provided that the rector be sufficiently compensated; and faculty to the said priest or chaplain to hear the confessions of all the said inhabitants and absolve them, except in cases reserved to the apostolic see, solemnize marriages, bless font and palms, and administer all other sacraments and sacramentals, etc. Regimini presidentes ecclesie. An. and G. de Elten. | An. lx. de Adria.)
1444[–5].
5 Id. Jan. St. Peter's, Rome. (f. 69d.)
To the abbot of Battle (de Bello) in the diocese of Chichester. Mandate as below. The recent petition of John Setscher, priest, of the diocese of Chichester contained that, after Martin V's reservation to himself and his successors of absolution from sentences of excommunication etc., incurred for simony, he resigned his parish church of Balcome, and William Hall his perpetual vicarage of Bexle, in the said diocese, for purpose of exchange on alleged reasonable grounds, to the late Simon, bishop of Chichester, who (after John had made a bargain with William that he would cause the said church to be served by a priest, whom he would provide with a certain stipulated salary) carried out the exchange, under pretext of whose collation and provision John obtained possession of the said vicarage and still detains it, taking the fruits. At the said petition (adding that John, in consideration of the fact that the fruits etc. of the said vicarage were worth more than those of the said church, for some time simoniacally observed the said bargain, paying the said salary, and thereby incurring the said sentences etc.) the pope orders the above abbot to absolve John from the said sentences etc., enjoining penance, dispense him on account of irregularity, and rehabilitate him. Before the abbot proceeds to execute these presents, John shall resign the said vicarage. Sedes apostolica, pia mater. (An. and G. de Elten. | An. xx. de Adria.)
Ibid.
(f. 70.)
To the same. Mandate, recapitulating the preceding, to collate and assign to the above John the above vicarage, value not exceeding 20 marks sterling, still void by the above resignation. Dignum etc. (An. and Jo. de Steccatis. | An. xxii. Quartodecimo Kal. Februarii Anno Quintodecimo. de Adria.)
1444.
Prid. Id Dec. St. Peter's, Rome. (f. 77d.)
To all faithful. Relaxation, in perpetuity, of five years and five quarantines of enjoined penance to penitents who on the feast of the Assumption of St. Mary the Virgin visit and give alms for the repair and conservation of the church of the Augustinian conventual priory or house of Moling[er] in the diocese of Meath. Licet is. (An. and Blondus. | An. xxxv. de Adria.)
1444[–5].
10 Kal. Feb. St. Peter's, Rome. (f. 98d.)
To Richard Shirbourne, rector of Dunmow Magna in the diocese of London. Dispensation to him, who is a B.A., at his own petition and that of Richard, duke of York, a member of whose household and whose almoner he is, to receive any benefice with cure or otherwise incompatible, and hold it for life and the said church, value not exceeding 40l. sterling, and to resign them, simply or for exchange, as often as he pleases, and hold instead two other incompatible benefices, even if two parish churches etc.; notwithstanding the pope's recent ordinance to the contrary etc. Vite etc. (An. and G. de Elten. | An. xxxx. de Adria.)
_
(f. 110d.)
Eugenius etc. dilecto filio Fergallo Osiredean, priori monasterii sancte Trinitatis de Lochwattau (rectius Lochwactair) per priorem soliti gubernari Premonstratensis ordinis T[riburnensis diocesis], i.e., part of an address. At the beginning, in the right hand margin as usual is: G. de Elten, Jo. de Sticcatis (rectius Steccatis).
1444.
Prid. Id. Dec. St. Peter's, Rome. (f. 123.)
To the bishops of Tarbes and Aire. Mandate to receive from Garsias Arnaldus, bishop of Bayonne, whither the pope has translated him from Aire [above, Reg. Lat. CCCCX. f. 180d.], the usual oath of fealty according to the form enclosed, and to send it by his letters patent sealed with his seal. Cum nuper venerabilem. (An. and Ciprianus. | An. xvi. de Adria.)
1444[–5].
3 Non. Feb. St. Peter's, Rome. (f. 130d.)
To the archbishop of Florence, the abbot of Melrose in the diocese of Glasgow and John Arowis, a canon of Moray, Mandate, at the recent petition of William Turnbul, priest, of the diocese of Glasgow, M.A. (containing that after he had obtained the parish church of Tannadas in the diocese of St. Andrews, collated to him by authority of the ordinary, David de Crannach, clerk, of the diocese of Aberdeen, in his cause long ventilated before divers papal auditors, at length gained three definitive sentences in his favour, the last of which is said to have become a res judicata; and that, although William gave up the said church and possession thereof to David, and again (ac denuo) ceded the suit and all right in or to the said church, he fears lest by not duly obeying the papal letters and processes against him, he incurred sentences of excommunication etc.) if and after William has completely so obeyed etc., to absolve him etc., dispensing him on account of irregularity, and rehabilitate him. Solet sedis apostolice. (An. and G. Gonne. | An. xvi. de Adria.)
3 Id. Feb.
St. Peter's, Rome. (f. 132.)
To John Bloxwyck, bishop in the universal church. Indult to him, who by the pope's special licence has ceded the rule of the church of Holar, to receive and hold for life in commendam any benefice with or without cure, provided that it be not a [major] dignity in a cathedral or metropolitan or a principal dignity in a collegiate church, notwithstanding the constitutions of Otto and Ottobon, sometime legates in England, etc. Personam tuam. (An. and Ciprianus. | An. xxv. de Adria.)
1444.
Non. Nov. St. Peter's, Rome. (f. 168.)
To Lewis, abbot of the Benedictine monastery of Saint-Sauveur-le-Vicomte (Sancti Salvatoris Vicecomitis) in the diocese of Coutances. Faculty to him, to whom the pope has recently made provision of the above monastery [above, Reg. Lat. CCCCX, f. 166d.], to be blessed by any catholic bishop, who shall thereafter receive his oath of fealty according to the form enclosed, which the abbot shall cause to be sent (destinare procures) by his letters patent sealed with his seal; without prejudice to the bishop of Coutances, to whom the said monastery is by ordinary right subject. Cum nos nuper. (An. and G. de Elten. | An. xii. de Adria.)
1444[–5].
Id. Feb. St. Peter's, Rome. (f. 172.)
To Thomas de Dyngwel, perpetual vicar of Dyngwel in the diocese of Ross. Rehabilitation, at his recent petition, containing that (after he 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, and, having been so promoted, had obtained the above perpetual vicarage) on the voidance of the chapel of St. Laurence in the castle of Dyngwel, of the patronage of laymen, by the resignation of John de Dyngwel its rector to Thomas, bishop of Ross, Alexander de Ile, earl of Ross, the patron, presented him, who had obtained no other dispensation for the purpose, to the said bishop, who instituted him, under pretext of which presentation and institution he took possession and has detained it for between three and four years. Thomas, who is of noble race, is to give up the said chapel. Sedes apostolica, pia mater. (An. and Ja. Petri. | An. xvi. de Adria.)
Ibid.To the archbishop of Ross. Mandate, recapitulating the preceding, to collate and assign to the above Thomas, the above chapel, without cure, value not exceeding 2l. sterling, still void as above; notwithstanding that he holds the above vicarage, of the same value. He is hereby dispensed, notwithstanding the above defect etc., to receive and hold the said chapel and any other benefices with or without cure compatible therewith and with one another, and to resign them and the said chapel and vicarage, simply or for exchange, as often as he pleases. Dignum etc. (An. and G. Gonne. | An. xxxxvi. Tercio Kal. Martii Anno Quartodecimo. de Adria.) [3 1/5; pp.]
1444[–5].
3 Non. Feb. St. Peter's, Rome. (f. 178d.)
To the official of Caithness. Mandate—the pope having been informed by Alexander de Suthirland, clerk, of the diocese of Caithness, that Richard de Holland, priest, of the said diocese, made a bargain with William de Sicc[h]irland (rectius Sut[h]irland), then archdeacon of Caithness, that if he would exchange his archdeaconry for Richard's canonry and prebend of Ross, Richard would release him from paying, and would pay in his stead, a certain yearly money pension which William had simoniacally bound himself to pay to Alexander de Ratir, priest, of the said diocese; that the resignations were accordingly made, and the exchange carried out by Robert, bishop of Caithness (who had special power from Thomas, bishop of Ross), under pretext of whose collation and provision Richard obtained the archdeaconry and paid the said pension to the said Alexander de Ratir, thereby committing simony—if the said Alexander de Sicchirland (rectius Suthirland), who was lately dispensed by papal authority, as the son of an unmarried nobleman and an unmarried woman, to be promoted to all, even holy orders and hold four compatible benefices with or without cure, and resign them, simply or for exchange, as often as he pleased, will accuse the said Richard before the above official etc. as usual, to summon Richard and others concerned, and if he find the above to be true, to decree the nullity of the said collation and provision to him of the said archdeaconry, remove him, and in that event collate and assign it, a non-major non-elective dignity with cure, value not exceeding 20l. sterling, to Alexander; whether it be void by the resignation of the said William or of the said Alexander de Ratir, or be void in any other way; and notwithstanding that Alexander holds the poor hospital without cure of St. Mary [St. Magnus?] in the said diocese, value not exceeding 6l. sterling. Dignum etc. (An. and G. Gonne. | An. xxvi. Sexto Id. Martii Anno Quartodecimo. de Adria.) [4 pp.]
1444[–5].
5 Kal. Feb. St. Peter's, Rome. (f. 206.)
To Richard, abbot of the Benedictine monastery of Dunfermlyng in the diocese of St. Andrews. Faculty to him, to whom the pope has recently made provision of the above monastery [above, Reg. Lat. CCCCX, f. 187], to be blessed etc., as above ƒ. 168, mutatis mutandis, e.g., without the prejudice clause. Cum nos nuper. (An. and Ja. Petri. | An. xii. de Adria.)
1444[–5].
6 Kal. Feb. St. Peter's, Rome. (f. 212.)
To the bishop of Winchester. Mandate to dispense Edmund de Beaufford, knight and Eleanor de Warwiick, of his diocese, to remain in the marriage which they formerly contracted per verba legitime de presenti in ignorance that they were related in the third degree of affinity; decreeing legitimate offspring born and to be born of the said marriage. Oblate nobis. (An. and G. de Elten. | An. xviii. de Adria.)
1444.
Prid. Kal. Dec. St. Peter's, Rome. (f. 213d.)
To James Lindissay of Colbanton (sic), a canon of Glasgow. Mandate to carry out the exchange desired by Adam de Auchinlek and Thomas de Meldon, priests, of their respective parish churches, of the patronage of laymen, of Cultir and Newland, in the diocese of Glasgow, value not exceeding 40 marks sterling each, provided that the consent of the patrons be given. He is to see that there be no corruption. Sedis apostolice. (An. and G. Gonne. | An. xxxx. Undecimo Kal. Januarii Anno Quartodecimo. de Adria.)
13 Kal. Dec.
St. Peter's, Rome. (f. 215.)
To Cormac, elect of Ardagh. Faculty to him, to whom the pope recently made provision of the said church [above, Reg. Lat. CCCCX, f. 302], to be consecrated by any catholic bishop assisted by two or three others. The consecrator shall thereafter receive his oath of fealty according to the form enclosed, and send it (destinare procuret) by Cormac's letter's patent sealed with Cormac's seal; without prejudice to the archbishop of Armagh, the metropolitan. Cum nos nuper. (An. and Jo. de Reate. | An. xvi. de Adria.)
1444[–5].
3 Non. Feb. St. Peter's, Rome. (f. 215d.)
To Gerald Oseargail (rectius Ofeargail), priest, perpetual beneficiary called the rector of Muyndtearcangayle in the diocese of Ardagh. Grant etc. as below. Martin V (upon learning that the above rectory was void and had been void so long that there was no certain knowledge of the manner of its voidance, although the late Thomas Macmurcertaych had unduly detained for more than ten years, and was still detaining possession, and doing so unlawfully, inasmuch as he had no right in the said rectory because, when he obtained it from the apostolic see he did not express its true value (fn. 2) ) ordered certain judges to summon the said Thomas etc., and if they find the above to be so, to collate and assign the said rectory, without cure, to the above Gerald, who had been dispensed by papal authority, as the son of unmarried parents related in the double fourth degree of kindred, to be promoted to all, even holy orders and hold a benefice even with cure. At the recent petition of the said Gerald (containing that after provision of the said rectory had, in virtue of the said letters, been made to him, and after he had obtained it, inasmuch as the said Thomas had hindered and was hindering his peaceful possession, and was, by the power of his friends, taking some of the fruits, he made an agreement with Thomas to the effect that each of them should take half the fruits etc., which was done for several years; and adding that Thomas has died, and that some doubt the force of the said provision) the pope hereby grants to Gerald (who holds the deanery of Ardagh, a major elective dignity with cure, value not exceeding 24 marks sterling, that of the said rectory not exceeding 50, and who was dispensed on account of the said defect, to receive and hold the said rectory) absolution from all sentences etc. incurred on account of the aforesaid, dispenses him on account of irregularity, and rehabilitates him; with further grant that the said provision shall hold good from the date of these presents, even if the said rectory became void by the death of the said Thomas or in any other way. He is further dispensed to retain it. Vite etc. (An. and Ja. Petri. | An. xxvi. Tercio Id. Februarii Anno Quartodecimo. de Adria.)
1444[–5.]
Id. Feb. St. Peter's, Rome. (f. 220.)
To the bishop of St. Andrews. Mandate, at the recent petition of John de Bothuel, layman, and Cristiana Andree, of his diocese—containing that formerly (after the said Cristiana, then in or about her fourteenth year had, by the persuasions of certain of her kinsmen and friends, in the belief, as she was informed by a certain priest, that she was only contracting espousals with John Thayn, layman, of the said diocese, uttered verba de presenti, but without consummation) she contracted marriage per verba de presenti with the above John de Bothuel, solemnized it before the church, offspring being born thereof; and adding that they have remained in the said marriage for several years; that the said John Thayn has contracted marriage, also per verba de presenti, with another woman, which they have consummated and remained in, likewise for several years; and that neither has Cristiana claimed John Thayn as her husband, nor he her as wife, their wish being to remain in their respective marriages contracted—, if the facts be as stated, to decree that the said John [de] Bothuel and Cristiana have lawfully remained, and can and shall remain in their said marriage contracted. Justis supplicum votis. (An. and Jo. de Steccatis. | An. xviii. de Adria.)
1444.
9 Kal. Aug. St. Peter's, Rome. (f. 236d.)
To the bishop of Glasgow. Mandate to dispense William, earl of Duglas and Margaret de Duglas, damsel, of his diocese, to marry, notwithstanding that they are related in the second and third degrees of kindred. Oblate nobis. (An. and Jo. de Tefelen. | An. xxx. de Adria.) [Stuart, Geneal. Hist. of the Stewarts, p. 467, from '14 Eug. iv, lib. 7 (sic), p. 236' (i.e. the present Register).]
1444[–5].
3 Id. Feb. St. Peter's, Rome. (f. 256d.)
To John Mackworth, dean of Lincoln, doctor of canon law. Absolution from any guilt of perjury which he may have incurred from time to time by transgressing the statutes of the said church which, upon his being received more than thirty years ago, to the deanery, a major dignity with cure, he took oath to observe; with rehabilitation and decree that he cannot, by reason of the aforesaid, be molested in regard to his deanery, or any other benefices. Ad apostolice dignitatis. (An. and G. de Elten. | An. xxx. de Adria.)
1444.
4 Id. Dec. St. Peter's, Rome. (f. 286.)
To the bishops of Tarbes and Aire. Mandate to receive from William Arnaldus, bishop of Dax, whither the pope has this day transferred him from Bayonne [above, Reg. Lat. CCCCX, f. 247d.], the usual oath of fealty according to the form enclosed, and to send it (destinare curetis) by his letters patent sealed with his seal. Cum nuper venerabilem. (An. and Cyprianus. | An. xvi. de Adria.)

Footnotes

1 On the back of the volume is the usual modern description 'Eugenio IV. 1444. Anno 14. Lib. 3.' A flyleaf has, in contemporary hands: '3us de diuersis formis anno 14o. domini nostri Eugenii pape 4' and ' Hermannus.' Another flyleaf has the usual modern: 'Lib. clxxxxiii, fol. 315.' On the bottom of the edge of the volume is the contemporary 'Tertius de diuersis formis anno xiiiio domini nostri Eugenii pape iiiiti.'
2 licet quondam T. M. tunc in humanis agens ipsam per decennium et ultra detinuisset ex eo sibi in illa iure non competente, quod ipse eam a sede apostolica impetrando verum illius fructuum et reddituum valorem annuun non expresserat prout detinebat indebite occupatam, idem predecessor...