Lateran Regesta, 425
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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531-540

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'Lateran Regesta, 425: 1444-1445', Calendar of Papal Registers Relating to Great Britain and Ireland, Volume 9: 1431-1447 (1912), pp. 531-540. URL: http://british-history.ac.uk/report.aspx?compid=103452 Date accessed: 31 July 2014.


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15 Eugenius IV (cont.)

De Exhibitis.

1445.
Prid. Kal. July.
St. Peter's, Rome.
(f. 16.)
To the archdeacon of Hainaut in Liége. Mandate, as below. The recent petition of Odo Mecrayth, clerk, of the diocese of Killaloe, contained that after provision had been made to him by papal authority of a canonry of Killaloe and the prebend of Ynyskayd, which had become void by the death of Nemeas Okaellay, and which the late Robert Okaellay, clerk, was detaining, (fn. 2) against whom and in favour of Odo a definitive sentence had been promulgated, which became a res judicata, he, after getting possession, fearing to be molested by the said Robert, promised, with the counsel, consent and authority of the late Thady, bishop of Killaloe, to pay Robert for life 10 marks sterling a year, and did so until Robert's death; that subsequently, upon Alan Olonsydin (rectius Olongsyg, as on ƒ. 54), clerk, of the diocese of Limerick, claiming to have a right in the said canonry and prebend, Odo, in accordance with an arbitration, promised to pay him 20 marks sterling, part of which he paid; that, notwithstanding that by the provincial constitutions of Cashel the renting or granting to farm etc. of benefices to laymen is forbidden under pain of excommunication, he, in order to have peaceable possession of the said canonry and prebend, granted some of their fruits etc. to a certain layman, and promised to pay him a sum of money yearly, most of which he paid him; and that the said Alan obtained, by false pretences, papal letters addressed to the bishop of Ardfert, and under pretext thereof caused Odo to be summoned before the said bishop, who promulgated an unjust sentence by which he adjudged the said canonry and prebend to Alan, and imposed perpetual silence on Odo, who appealed therefrom to the apostolic see. At Odo's said petition for absolution etc., the pope hereby orders the above archdeacon to absolve him from the said excommunication etc., enjoining penance, and to rehabilitate him. Sedes apostolica, pia mater. (An. and G. de Elten. | An. xvi. de Adria) [2 pp. See below, ƒ. 54.]
Prid. Id. Aug.
St. Peter's, Rome.
(f. 18d.)
To the bishop, the chancellor and the archdeacon of Ross. Mandate, as below. The recent petition of David de Dissynton', chancellor of Caithness, contained that although provision was made to him by authority of the ordinary of the said chancellorship, and that in virtue thereof he obtained possession and had held it in peace for some time, Alexander de Ratre, priest, of the diocese of Caithness, alleging that provision had been ordered to be made to him of the chancellorship under pretext of certain letters of the pope, caused him to be summoned before Frulayus (rectius Finlayus), abbot of Ferne in the diocese of Ross, one of the executors of the said letters; and that, after the said abbot had proceeded, even as far as a conclusion, John de Strabrok, priest, of the said diocese, then official of Caithness, proceeding in the cause without the knowledge of the said abbot, and otherwise wrongfully, promulgated an unjust definitive sentence by which he adjudged the chancellorship to Alexander, and imposed perpetual silence on David, who appealed to the apostolic see. At the petition of the said David, for the commission of the said appeal and of the principal matter to persons in those parts, the pope orders the above to summon the said Alexander and others concerned, and hear and decide the said appeal. Humilibus supplicum votis. (An. and Jo. de Steccatis. | An. xiiii. de Adria.) [2 pp.]
Non. Aug.
St. Peter's, Rome.
(f. 19d.)
To the dean of Cloyne. Mandate, at the recent petition of Maurice Oherlathy, clerk, of the diocese of Ardfert, bachelor of canon and civil law_containing that on the voidance of the rectory of Ballynoe (Villanova) in the diocese of Cloyne by the death of William Duthyt, he (who had been dispensed by papal authority, as the son of unmarried parents, to be promoted to all, even holy orders and hold a benefice even with cure) was presented by the patron James, earl of Desmond (Dessimonie), to Jordan, bishop of Cloyne, who instituted him, by virtue of which presentation and institution he obtained and still holds possession; and adding that some allege that the said parents were related in the fourth degree of affinity, of which there is no mention in the said dispensation, wherefore he doubts the validity of the said presentation and institution—if he find Maurice fit, to collate and assign to him the said rectory, still void as above, value not exceeding 15 marks sterling. The pope hereby dispenses him to hold it and four other benefices with or without cure compatible therewith and with one another, and resign them, simply or for exchange, as often as he pleases. Dignum etc. (An. and Ja. Petri. | An. xxxvi. Decimo Kal. Septembris Anno Quintodecimo. de Adria.) [2⅓ pp.]
11 Kal. June.
St. Peter's, Rome.
(f. 27.)
To Hillarius Macinnyllyd, priest, of the diocese of Leighlin. Rehabilitation, at his recent petition containing that on the voidance of the rectory of Belacyffe in the diocese of Leighlin, of lay patronage, by the resignation of the late Hugh Micgyllade to Thomas, bishop of Leighlin, Richard Walle, sheriff of Carlow (vicecomes Katharlatie) in the said diocese, the patron, presented the said Hillarius, then in about his eighteenth year, who had obtained no dispensation, to the said bishop, who instituted him, in virtue of which presentation and institution he obtained the said rectory and has held it for several years without being ordained priest, subsequently obtaining also, collated to him by authority of the ordinary, a canonry of Leighlin and the prebend of Tylacmodyme, on their becoming void by the death of the said Hugh, taking the fruits of the said rectory, which was united by the said bishop to the said prebend, and of the said canonry and prebend. He is to resign both benefices. Sedes apostolica. (An. and Jo. le Goupil. | An. xv. de Adria.) [1¾ pp. See Cal. Lett. VII, pp. 355, 356.]
1445.
Ibid.
To the bishop of Ossero, the abbot of Leix (de Lege dei) in the diocese of Leighlin, and Matthew Osyriden, a canon of Clonfert. Mandate, recapitulating the preceding (fn. 3) —seeing that, as the pope has learned, the above canonry and prebend and rectory are still void as above; that the parish church of Balehycaroth in the said diocese, of lay patronage, is void by the death of Richard Rise: that, as the said petition added, the latter church is without parishioners, and that the said two churches are so contiguous that they could be conveniently served by a single rector_if they find the foregoing to be true, to unite and appropriate the said church of Balehycaroth to the above rectory, provided that its patrons consent, and to collate the said canonry and prebend, rectory and church, value not exceeding 3, 18 and 2 marks sterling respectively, to Hillarius, after he has duly resigned as above. Ad ea libenter. (An. and F. de Laude. | An. xxxv. Tercio Non. Junii Anno Quintodecimo. de Adria.) [5¼ pp.]
Prid. Kal. July.
St. Peter's, Rome.
(f. 54. (fn. 4) )
To the abbot of St. Mary's, Innisgad and the priors of St. John's by le Neanagh and Ynniscronayn, in the diocese of Killaloe. Mandate (recapitulating the mandate, above, ƒ. 16, to the archdeacon of Hainaut to absolve and rehabilitate Odo Mecrayth, clerk, of the diocese of Killaloe) seeing that, as the recent petition of the said Odo contained, it is alleged that neither he nor the above Alan has a right in or to the above canonry and prebend, to summon, after the said absolution and rehabilitation have been made, the said Alan and others concerned, hear and decide the above appeal, and if they find that neither has a right, to collate and assign the above canonry and prebend, value not exceeding 30 marks sterling, to Odo. Hodie pro parte. (An. and Ja. Petri. | An. xxviii. Decimoseptimo Kal. Septembris Anno Quintodecimo. de Adria.) [32/3pp.]
9 Kal. July.
St. Peter's, Rome.
(f. 110.)
To the archdeacon of Lismore. Mandate, at the recent petition of Malachy Oconify, priest, of the diocese of Limerick (containing that formerly he and Gilibertus Olean resigned for purpose of exchange their respective perpetual vicarages of Croma and Garry in the said diocese to bishop John, who carried out the exchange, in virtue of whose collation and provision Malachy obtained the said vicarage of Garry, but the validity of which he now doubts) to collate and assign to the said Malachy the said vicarage, still void as above, and also a canonry of Lismore and the prebend of Kilrossinta, which have become void by the death of Philip Wyote, value not exceeding 16 and 10 marks sterling respectively; whether they became void as stated, or the said vicarage by the non-promotion to the priesthood within the lawful time of the late William Omulcorgary, or they be void in any other way. Dignum etc. (An. and Jo. le Goupil. | An. xx. Septimo Kal. Augusti Anno Quintodecimo. de Adria.) [31/5 pp.]
3. Kal. Jan.
St. Peter's, Rome.
(f. 164.)
To the bishops of St. Andrews, Brechin and Dunblane. Mandate, as below. The recent petition of Walter Sprewl of Colden, layman, of the diocese of Glasgow, contained that after he had contracted marriage per verba legitime de presenti with Janet Stewart, of the said diocese, upon its being brought to his knowledge that they were related in a certain degree of affinity and had no papal dispensation and could not lawfully remain in the said marriage, he, with a view to have the marriage declared to have been and to be null and a divorce (divorcium) made between them, brought Janet, not by papal delegation, before the official of Glasgow, who refused to proceed in the cause and, although Walter was under no sentence of excommunication, ordered and caused him to be publicly proclaimed excommunicate, wherefore he appealed to the apostolic see. (fn. 5) At the said petition, for the commission of the cause of the appeal and of the principal matter to persons in those parts, the pope orders the above to summon Janet and others concerned, hear both sides and decide what is canonical, without appeal. Humilibus supplicum votis. (An. and Anselmus. | An. xii. de Adria.)
1444.
_
St. Peter's, Rome.
(f. 209d.)
To the abbot of Inchcolm (Insule Sancte [sic] Columbe) in the diocese of Dunkeld and the prior of St. Andrews. Mandate, as below. The recent petition of William Person, rector of Malvill in the diocese of St. Andrews, contained that although provision had been made to him by papal authority of the said church on its voidance by the death of William Bell, David de Benala, priest, of the said diocese, intruded himself and, along with Robert de Lithqw, clerk, of the diocese of Glasgow, usurped the fruits etc., wherefore he appealed to the apostolic see. At the said petition for the commission of the cause of the appeal and of the principal matter to persons in those parts, the pope orders the above to summon the said David and Robert, hear both sides and decide what is just without appeal. Humilibus etc. [1½ pp. The usual initial letters (e.g. 'An.') of the name of the corrector are wanting in the left-hand margin at the beginning of the letter, where there is only, in the right-hand margin, the usual 'Anselmus.' There is no terminal subscription, the letter being unfinished, having the incomplete date: 'Datum Rome apud Sanctum Petrum Anno Incarnationis Dominice Millesimo Quadringentesimo quadragesimo quarto,' and the letter is cancelled by strokes, without the usual explanatory note in the margin.]
1445.
6 Id. April. St. Peter's, Rome.
(f. 215.)
To the bishop of Ossero, the abbot of Holyrood, Edymburch, in the diocese of St. Andrews and the official of Glasgow. Mandate, as below. The recent petition William de Wardelaw, priest, of the diocese of St. Andrews, contained that formerly, on the voidance by the death of Thomas Wischard of the perpetual vicarage of Kylpatrik in the diocese of Glasgow, he accepted it within the lawful time, caused provision to be made to him and obtained possession thereof, in virtue of 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 abbots and convents of Paisley and Kelco, in the dioceses of Glasgow and St. Andrews, and dispensed him (who had been previously dispensed the son of unmarried parents, to be promoted to all, even holy orders and hold a benefice even with cure, after which, having been so promoted, he obtained the perpetual vicarage of Wernet in the said diocese of St. Andrews) to receive and hold a benefice comprised in the said letters. At the said petition, adding that he doubts the validity of the said acceptance and provision, the pope, absolving him hereby from any sentences of excommunication etc., as far only as regards the obtaining effect of these presents, orders above to collate and assign to him the said vicarage, value not exceeding 20l.sterling, whether it became void as above, or by the resignation of Patrick Sandelandis, clerk, or in any other way. He is hereby specially dispensed on account of the said defect etc. to receive and hold the vicarage, and as soon as he obtains possession of it the said other letters shall be without force [as far as regards a benefice with cure only]. Vite etc. (An. and G. Gonne. | An. xxiiii. Quintodecimo Kal. Maii Anno Quintodecimo. de Adria.) [41/5 pp.]
10 Kal. Aug.
St. Peter's, Rome.
(f. 237d.)
To the archbishop of Canterbury. Mandate, as below. The recent petition of William Barby and John Durant, wardens (fn. 6) of the chapel of the community of the town of Stelynge in the diocese of Canterbury, contained that they brought before the official of Canterbury, not by papal delegation, Thomas Edyngham, rector of the parish church of Hogheredys in the said diocese who, by reason of the said church, within whose bounds are the said chapel and town, is bound to keep a chaplain personally resident at the said chapel, for the administration of the sacraments etc. to the inhabitants of the said town, and who refused to do so; and that the said official gave a definitive sentence against the said Thomas who, falsely alleging it to be unjust, appealed to the apostolic see; and added that although more than six years ago the said Thomas procured the commission by the pope of the said appeal to the late Laurence de Arecio, a papal chaplain and auditor, and the execution of that auditor's citation of the said wardens, it does not appear that further proceedings in the appeal were taken by Thomas, that there seems to be no ground for not considering the appeal abandoned, and that, in the event of Thomas's making any further claim, the matter could be more easily made clear in those parts than in the Roman court. The pope therefore calls up the said appeal to himself, and orders the above archbishop to subdelegate the cause of the appeal and that of the abandonment, if any, to some one in his city or diocese, who shall summon the said Thomas and others concerned and hear and decide the cause. Humilibus supplicum. (An. and Anselmus. | An. xvi. de Adria)
7 Kal. June.
St. Peter's, Rome.
(f. 281.)
To the bishop of Cloyne (Clonen.) and the priors of Galeang and Kyllethe in the dioceses of Cloyne and Kildare (Daren.). Mandate, as below. The petition of James Ybrogayd, deacon, of Clonfert, contained that (after he had been dispensed, 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 had thereafter obtained, and subsequently resigned, the rural rectory without cure of Madonnbarlayd (fn. 7) in the diocese of Clonfert and a canonry of Clonfert with the prebend of Fynduyr), upon the archdeaconry of Clonfert becoming void by the resignation of Malachy Omadagayn to the late Thomas, bishop of Clonfert, he (by virtue of letters of the present pope, lately ordering provision to be made to him of a benefice with or without cure in the gift of the archbishop of Tuam and the bishop of Clonfert, and the chapters etc. of those churches, even if a dignity, but not major, or a canonry and prebend, the pope dispensing him by the same letters to receive and hold it) accepted it within the lawful time, and got provision made to him thereof, and, in virtue of the said acceptance and provision, and also of certain other letters granted by the pope in the matter, obtained possession; that after he had held it for more than ten years, Thady Occallayd, a clerk, also of Clonfert, under pretext of expectative letters granted to him by the pope, accepted and caused provision to be made to him of it, void, as he alleged, by the deprivation of the said James on account of falsely alleged simony, (fn. 8) or on account of the obtaining (which, however, was in no wise proved) of another benefice, wherefore James appealed to the executor of the said [expectative] letters from the said provision, made to Thady by the sub-executor commissioned, but without full power, by the said executor; (fn. 9) that the said executor revoked all that had been done after and against the said appeal, but did not proceed further in the appeal on account of the power and intimidation of a number of Thady's adherents, wherefore James obtained papal letters addressed to the abbot of the Augustinian monastery of Abbeygormacan (de Nova Via) in the said diocese, whose abbot, Donatus, likewise fearing the said power and intimidation, and dreading to proceed in the said cause, delegated his commission to David Ocallanayn, a canon of Clonfert, who by a definitive sentence pronounced that James had been and was unduly vexed and disturbed, notwithstanding which Thady despoiled James of the archdeaconry and possession thereof, and intruded himself, and is still in possession. Seeing that, as the said petition added, the said James doubts the validity of the said acceptance and provision, the pope orders the above bishop and priors, inasmuch as from fear of Thady's power he has no hope of obtaining justice in the city and diocese of Clonfert, to summon Thady and others concerned, and to collate and assign the said archdeaconry, a non-major dignity, value not exceeding 12 marks sterling, to James, removing Thady and any other unlawful detainer. He is hereby dispensed on account of the said defect to receive and hold it, and as soon as he obtains possession the said other letters granted to him by the pope shall be without force. Vite etc. (An. and G. Gonne. | An. xxii. Decimoseptimo Kal. Julii Anno Quintodecimo. de Adria.) [5 pp. See Cal. Lett. VIII, pp. 545, 546.]
17 Kal. July.
St. Peter's, Rome.
(f. 284.)
To the dean and the treasurer and John Marchallis, a canon, of York. Mandate, as below. The recent petition of the inhabitants of the towns of Aghton, Estecotyngwt, Spaldyngton, Seton and Lathom, in the diocese of York, contained that in order to compel the inhabitants of the towns of Thorganby and Wesecotyngwt (rectius Westcotyngwt) to contribute their share to the repair of the nave, bell-tower and enclosure of the cemetery of the parish church of the said town of Aghton, they brought them, not by papal delegation, before the official of York, who gave a definitive sentence in favour of the inhabitants of Aghton, Esecotyngwt [sic], Spaldyngton, Seton and Lathom and against the inhabitants of Thorganby and Wesecotyngwt [sic], from which the latter, falsely alleging it to be unjust, appealed to the apostolic see, and obtained letters of the present pope addressed to the dean and subdean and Richard Ingoldesby, a canon, of York, and under pretext thereof caused the said inhabitants of Aghton to be summoned before the said dean, who by an unjust sentence revoked the said sentence, condemning the said inhabitants of Aghton etc. in costs, from which sentence they appealed to the said see; but that the said dean, in contempt of the said appeal (of which he was not ignorant, and the time for the prosecution of which was not expired), taxed the said costs and did so excessively, ordering the said inhabitants of Aghton etc., under pain of excommunication, to make satisfaction in regard to the said costs to the inhabitants of Thorganby and Wesecotyngwt [sic], and upon their not doing so (as they were not bound to do) ordered them to be publicly proclaimed excommunicate, wherefore the said inhabitants of Aghton, etc. appealed to the said see, but, prevented by a lawful impediment, did not prosecute their appeal within due time. At their said petition, the pope orders the above to summon the inhabitants of Thorganby and Wesecotyngw[t] [sic], conditionally absolve the said inhabitants of Aghton etc., hear both sides and decide what is just, without appeal, etc. Humilibus supplicum votis. (An. and Anselmus. | An. xxviii. de Adria.) [3⅓ pp.]
1444[–5].
5 Id. March. St. Peter's, Rome.
(f. 299.)
To the prior of St. Mary's, Killagh (de Bello loco), in the diocese of Ardfert. Mandate, at the recent petition of Patrick Icharran, priest, of the diocese of Ardfert (containing that upon the entire rectory of the parish church of Ardbale alias Fratbalebeid in the said diocese, of lay patronage, becoming void because Maurice Macconnchur held it for more than a year without being ordained priest and without dispensation, and being void so long that its collation had lapsed to the archbishop of Cashel the metropolitan, archbishop Richard made collation and provision thereof by his metropolitical authority to the said Patrick, who in virtue thereof obtained and is still in possession) to collate and assign to the said Patrick (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, after which he was so promoted and obtained the said rectory as above, and who now doubts the validity of the said collation and provision) the said rectory, value not exceeding 5 marks sterling, which he is hereby dispensed to receive and hold. Dignum etc. (An. and G. Gonne. | An. xxiiii. Tercio Kal. Maii Anno Quintodecimo. de Adria.) [3¼ pp.]
1445.
13 Kal. July.
St. Peter's, Rome.
(f. 317.)
To the abbots of Balmurynacht and St. Marys, Lindores (de Londoris), in the diocese of St. Andrews, and the official of St. Andrews. Mandate, as below. The recent petition of John Eliotson, priest, of the diocese of St. Andrews, contained that on the voidance of the perpetual vicarage of Kylmani in the said diocese by the death of Stephen de Kenochtquy, the late Henry, bishop of St. Andrews, made collation and provision thereof to him, and that in virtue thereof he obtained and still holds possession; that afterwards the said bishop (considering that the annual pension or portion, consisting of a certain agreed sum, which the perpetual vicar, who exercises the cure of souls, received from the rector was so slight that he could not be fittingly maintained and support the burdens pertaining to the said cure, and that the said church richly abounded in fruits and means) assigned to the said vicar, with the consent of the late Richard de Crech, then rector, instead of the said sum, all the lesser tithes and oblations in the parish and eight acres of land, as is contained more fully in certain authentic letters. At the said petition, adding that the said John doubts the validity of the said collation and provision, and that some doubt the validity of the said assignment, and seeing that, as the pope has learned, the said vicarage is still void as above, the pope, absolving him hereby from any sentences of excommunication etc. as far only as regards the obtaining effect of these presents, orders the above, if they find the foregoing to be true, to confirm the said assignment, and to collate and assign to John the said vicarage, value not exceeding 9l.sterling. Circumspecta sedis apostolice. (An. and G. Gonne. | An. xxviii. Nono Kal. Julii Anno Quintodecimo. de Adria.)

Footnotes

1 On the back of the volume is the description in a more modern hand than usual: 'Eugenio IV. 1445. Anno 15. Lib. 204.' A flyleaf has, in contemporary hands: 'Rubricatus est per Nicolaum Gestendorp 1446 [die] Vener(is) 17 Junii,' 'Primus de Exhibitis Anno xv domini nostri Eugenii pape iiiiti,' and 'Nicolaus'; and, in the usual modern hand: 'Lib. cciiii, fol. 318.' On the bottom edge of the volume is the usual contemporary 'Primus de Exhibitis anno xv domini nostri Eugenii pape iiiiti.'
2 detinebat; ƒ. 54 has detinuerat.
3 Here with the spelling 'Hyllarius Mycinnyllyd.'
4 The folios are at this point bound out of order: ƒ. liiii. is followed by ƒƒ. lxxvii. to cii., after which comes ƒ. lv.
5 et quia dictus officialis in ea [causa] procedere recusavit expresse, predictumque Walterum licet nullius esset excommunicacionis sentencia innodatus excommunicatum tamen mandavit et fecit publice nunciari, prefatus Walterus ... appellavit.
6 provisorum guardianorum sive yconomorum.
7 Obscured by correction.
8 propter quandam confictam per eum simoniam commissam.
9 qui executor illi vices suas non tamen in totum super hoc commiserat.