Lateran Regesta, 426
1446

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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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540-546

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'Lateran Regesta, 426: 1446', Calendar of Papal Registers Relating to Great Britain and Ireland, Volume 9: 1431-1447 (1912), pp. 540-546. URL: http://british-history.ac.uk/report.aspx?compid=103453 Date accessed: 25 July 2014.


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16 Eugenius IV.

De Exhibitis.

1445[–6].
17 Kal. April.
St. Peter's, Rome. (f. 3.)
To the archbishop of York and the bishops of Ely and Bath. Mandate, as below. The recent petition of the chapter and William Stanley, vicechancellor of the church of Lincoln, contained that although John Macworth, dean of the said church, is bound by oath to give a meal (pastum) on certain feasts of every year to each of the canons and those who serve at divine offices, he has hitherto refused to do so, to the prejudice of the said chapter and vicechancellor and servers. At the petition of the said chapter, vicechancellor and servers, for the commission in those parts of all the causes which they intend to bring against the said dean, the pope orders the above to summon the dean and others concerned, hear both sides, and decide what is just without appeal. Humilibus supplicum. (An. and Anselmus. | An. xii. de Adria.) [Cancelled with strokes, and in the margin the note: 'Cassata et alibi registrata propter nimiam correcturam, de mandato domini F. Portuen., vicecancellarii, An. de Adria.' See below, ƒ. 96d.]
1446.
7 Kal. April.
St. Peter's, Rome. (f. 8d.)
To the bishop of Dunblane, the abbot of Carabus Kynneth (rectius Cambuskynneth) in the diocese of St. Andrews and John Arowis, a canon of Dunkeld. Mandate, at the recent petition of William Turnbul, a canon of Glasgow, doctor of canon law (containing that on the voidance of the perpetual vicarage of St. Giles's, Edynburg, in the diocese of St. Andrews, of the patronage of the king of Scotland (Scocie), by the death of William de Fowlis, king James presented him to bishop James, who instituted him, in virtue of which presentation and institution he obtained and still holds possession, but now doubts their validity) to collate and assign to him, who is also M.A., the said vicarage, still void as above, value not exceeding 40l. of old sterlings; whether it be void as above, or by the resignation of the said William de Fowlis, or in any other way. Litterarum sciencia, vite etc. (An. and Ja. de Vicencia. | An. xxv. Pridie Id. Maii Anno Sextodecimo. de Adria.)
Kal. June.
St. Peter's, Rome. (f. 13.)
To the bishops of Ossero, Lincoln and Bath. Mandate, as below. The petition of John Myssenden, perpetual vicar of Leddrede in the diocese of Winchester, contained that inasmuch as the prior and convent of the Augustinian monastery of Ledes in the diocese of Canterbury, who hold the said church to their uses, took so much yearly from its fruits etc. that there was not enough left for the vicar's maintenance and burdens, he brought them before William Byconyll, LL.D., auditor-general of causes of the court of the archbishop of Canterbury, who by a definitive sentence decreed the augmentation of the said portion, and condemned the said prior and convent in the costs, from which sentence, alleging it to be unjust, they appealed to the apostolic see; that the pope committed the appeal to Master Geminianus de Prato, and afterwards to Master Paul de Sanetafide, papal chaplains and auditors; that, the said appeal being abandoned, the said Paul declared it to have been and to be abandoned and the said definitive sentence to have become a res judicata, and condemned the said prior and convent in costs, from which sentence of Paul they appealed to the said see; that the pope committed the appeal to Master Malatesta de Captaneis, also a papal chaplain and auditor, who confirmed the said sentence of Paul, declared the appeal bad, and condemned the prior and convent in the costs of the cause before him; that their appeal to the said see from the sentence of Malatesta was committed by the pope to Simon, bishop of Ossero, then a papal chaplain and auditor, who, after the said appeal from Malatesta's sentence had been abandoned, declared the said appeal to have been and to be abandoned and Malatesta's said sentence to have become a res judicata, and condemned the prior and convent in the costs of the cause before him, which costs were subsequently taxed by the said bishops, Paul and Malatesta at 10, 18, and 7 gold florins of the camera respectively. At the said petition, adding that John doubts whether the prior and convent will obey the sentences of the said bishops, Paul and Malatesta, the pope orders the above to solemnly publish them, cause satisfaction to be made to John in respect of the said costs, invoking the secular arm etc. Exhibita nobis. (An. and Anselmus. | An. Gratis pro deo. de Adria.) [2 pp.]
15 Kal. June.
St. Peter's, Rome. (f. 15.)
To the bishop of Dunkeld. Mandate, at the recent petition of John de Myrtoun, priest, of the diocese of St. Andrews (containing that formerly, on the voidance of the parish church of Tarvat in the said diocese by the resignation of John Cristini to James, bishop of St. Andrews, that bishop made collation and provision thereof to the said John, the validity of which he now doubts) to collate and assign to the said John, who was 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, the said church, still void as above, value not exceeding 9l. of old sterlings; whether it be so void, or by the resignation of John Lang or James de Uthildre (rectius Uchildre), or in any other way. He is hereby specially dispensed to receive and hold it and any other benefices of any number and kind, with or without cure, compatible therewith and with one another, and to resign them, simply or for exchange, as often as he pleases. Dignum etc. (A. and Jo. de Steccatis. | A. xxxv. Pridie Non Junii Anno Sextodecimo. de Felletis.) [2 pp.]
3 Non. Aug.
St. Peter's, Rome. (f. 63d.)
To Maurice Omulumoyg, a canon of Armagh. Mandate, at the recent petition of John Ocellachan (also written 'Occellachan'), priest, of the diocese of Armagh (containing that on the voidance of the rectory or prebend of the parish church of SS. Bridget and Trea, Artrea, in the said diocese, by the deprivation of Patrick Ocynagay, clerk, by John, archbishop of Armagh, that archbishop made collation and provision thereof to John, the validity of which he now doubts) to collate and assign to him the said rectory or prebend, still void as above, value not exceeding 12 marks sterling; whether it be so void, or by the death of Donald Olaynd, or in any other way. Dignum etc. (Chri. and Ja. de Vicencia. | Chri. xx. Kal. Septembris Anno Sextodecimo. Coronen.) [24/5 pp.]
13 Kal. Sept.
St. Peter's, Rome. (f. 72.)
To Master William de Fundera, a papal chaplain and auditor. Mandate, as below. The recent petition of Thomas Quhythed, priest, of the diocese of Glasgow, contained that a cause arose lately between him and John Kendale, priest, of the said diocese, about the perpetual vicarage of Traregillys in the said diocese, of which, on its voidance by the resignation of Thomas Nouall to John, bishop of Glasgow, the said Thomas Quhythed alleged that provision had been made to him by authority of the ordinary, the said John also claiming it; that the pope at John's instance committed the cause, although not lawfully devolved to the Roman court, to Simon bishop of Ossero, then holding the place of a papal auditor, and subsequently (after the said Simon had decreed letters of citation to those parts against the said Thomas, (fn. 2) and had absented himself from the said court) committed it to the above auditor William. Seeing that, as the said petition added, John has given up to Thomas in the said court, before Richard Cedy, priest, of the said diocese, notary public and witnesses the said cause and all right in or to the said vicarage, the pope orders the above auditor to summon all concerned, and, if he find the said cession to have been lawfully made, to admit it by papal authority, and to surrogate the said Thomas (who alleges that he and John recently chose a number of arbitrators resident in the said court, who adjudged the said vicarage to Thomas, and that he 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) in and to the said right, and make collation and provision to him thereof etc., and moreover to collate and assign to him the vicarage itself, value not exceeding 9l. sterling. Vite etc. (A. and G. de Elten. | A. xx. Decimo Kal. Octobris Anno Sextodecimo. de Felletis.) [3½ pp.]
3 Id. July.
St. Peter's, Rome. (f. 96d.)
To the archbishop of York and the bishop of Bath and Wells. Mandate, as below. The recent petition of the chapter of Lincoln contained that upon a dispute arising between some of the canons and John Macworth, dean, about certain articles there [but not here] expressed, some of the canons, far too few in number (fn. 3) (the rest of the canons not being summoned, but rather contemned, even those holding dignities) agreed upon the late Richard, bishop of Lincoln as arbitrator, who gave a decision derogatory to the statutes and customs of the said church, and prejudicial to its privileges and to the said contemned canons, papal letters confirming which are said to have emanated, but not yet to have been lawfully executed. At the said petition, for a decree of nullity of the said arbitration, the pope orders the above to summon the said John and others concerned, hear both sides, and decide what is just without appeal. Humilibus supplicum. (An. and Anselmus. | An. xvi. de Adria.) [See above, ƒ. 3.]
15 Kal. July.
St. Peter's, Rome. (f. 195d.)
To the bishops of Aquila, Dunkeld and Ross. Mandate, as below. The petition of Richard de Holand, archdeacon of Caithness, contained that on the voidance of the said archdeaconry by the resignation of William de Swthirland to Robert, bishop of Caithness. collation and provision were made to him thereof by authority of the ordinary, and that he was instituted, but that Alexander de Swthirland, priest, of the diocese of Caithness, unjustly opposed, prevented the said collation, provision and institution from taking effect, intruded himself, and took and still detains possession, receiving the fruits; that the cause which arose between them was although not lawfully devolved to the Roman court, committed by the pope at Richard's instance to Master John Didaci de Coca, a papal chaplain and auditor, who by a definitive sentence adjudged the archdeaconry to Richard, removed Alexander, inducted Richard, imposed perpetual silence on Alexander and condemned him in fruits and costs, which latter he afterwards taxed at 27 gold florins of the camera. At the said petition, which added that Richard fears that whilst the suit has been pending others have intruded themselves or may do so etc., the pope orders the above to execute the aforesaid, inducting Richard, removing Alexander, causing satisfaction to be made to Richard in respect of the said fruits and costs, and to proceed to execution even against such intruders, as far only as regards giving possession to Richard, as if the said sentence had been given against them, invoking the secular arm, etc. Exhibita nobis. (An. and Anselmus. | An. viii. Residuum pro deo. de Adria.)
Prid. Kal. Sept.
St. Peter's, Rome. (f. 247.)
To the prior of the secular and collegiate church of St. Senan, Ynyskayd, in the diocese of Killaloe. Mandate, at the recent petition of Maurice Mickahayn, clerk, of the diocese of Killaloe (containing that on the voidance of the perpetual vicarage of Kyllmacaduayn in the said diocese by the death of Eugenius Okaellagy, Donatus, bishop of Killaloe made collation and provision to him, in virtue of which he obtained and still holds possession, but the validity of which he now doubts) to collate and assign to the said Maurice the said vicarage, still void as above, value not exceeding 8 marks sterling. Dignum etc. (An. and A. de Cortesiis. | An. xx. Quinto Kal. Octobris Anno Sextodecimo. de Adria.) [2 pp.]
Prid. Id. Nov.
St. Peter's, Rome. (f. 277.)
To John, cardinal priest of St. Balbina's. Mandate, as below. The recent petition of Thomas, bishop of Bath and Wells contained that upon his visiting the Benedictine monastery of St. Mary, Glastonbury, in the diocese of Wells, and finding abbot Nicholas and a number of the monks delinquent, the said abbot and monks—probably fearing the penalties which were going to be inflicted by the said bishop on account of their crimes and excesses, and asserting that to the abbot and convent and their archdeacon (under pretext of certain alleged privileges, lawful prescription etc.) belonged all jurisdiction and the exercise thereof, and the right of correcting and punishing crimes and excesses both of clerks and laymen dwelling within the bounds of the archdeaconry of Glastonbury and its parish churches and chapels, and of proving the wills of the same and administering their goods, even when they died intestate—in order to escape the said penalties, appealed to the apostolic see from a number of gravamina alleged to have been inflicted upon them by the said bishop and by William Fulford and John Bernard his commissaries, and obtained the commission of the appeal to Master Malatesta de Captaneis, a papal chaplain and auditor. Seeing that, as the said petition added, the merits of the said cause can be better and more easily made clear in those parts than in the Roman court, the pope hereby calls it up to himself, and orders the above cardinal to summon the abbot and convent and others concerned, resume and hear further the said cause and decide it, regardless of any appeal even to the metropolitan, already made or to be made. Humilibus supplicum votis. (A. and G. de Elten. | A. xvi. de Felletis.) [See Cal. Lett., VIII., pp. 244, 259.]
4 Kal. Nov.
St. Peter's, Rome. (f. 284d.)
To the prior of St. John Baptist's, Kilkemnyd, in the diocese of Meath. Mandate, at the recent petition of Hyllarius Ymaleachaynd, a canon of Clonmacnoise (Cluanen.)—containing that on the archdeaconry of that church, a non-major dignity, becoming void by the death of Cornelius Orodechay (rectius Orodechan (fn. 4) ), the archbishop of Tuam, the see of Clonmacnoise being void, made collation and provision in accordance with ancient custom to the said Hyllarius, then in his eighteenth year, who under pretext thereof obtained possession, but afterwards resigned—seeing that the said collation and provision are without force, and that the said archdeaconry is still void as above, to rehabilitate on account of the foregoing the said Hyllarius, who is by both parents of a race of princes and is in about his twentieth year, and thereafter to collate and assign to him the said archdeaconry, without cure and wont to be held by canons of the said church, value not exceeding 8 marks sterling; notwithstanding the said defect, on account of which he is specially dispensed hereby to receive and hold the said archdeaconry, and that he holds a canonry and prebend of the said church, value not exceeding 2 gold florins of the camera. Dignum etc. (A. and A. de Cortesiis. | A. xxii. Tertio Non. Decembris Anno Sextodecimo. de Felletis.)
1445[–6]. 9 Kal. April.
St. Peter's, Rome. (f. 297d.)
To the bishop of St. Andrews and the archdeacons of Ross and Brechin. Mandate, at the recent petition of Elizabeth, wife of Alexander de Yele, earl of Ross and lord of the Isles, of the diocese of Ross (containing that although they lived together for some time as husband and wife, the said earl, led astray by the persuasions and machinations of Cristiana Maclaide, of the said diocese, has put Elizabeth away, and adheres to Cristiana whom he keeps as his concubine, and that, on account of the said earl's power, Elizabeth has no hope of being able to cause them to be with safety cited and monished) to monish the said earl and Cristiana, and by ecclesiastical censure etc. to compel him to send away Cristiana and receive Elizabeth, and compel her not to seek to hinder the earl and Elizabeth from living together. If they find that it is not convenient to reach the presence of the said earl and Cristiana for making the said monitions, the pope grants them faculty to make them by public edict posted in public places which shall be near the said parts and from which it is probable that they can come to the knowledge of those monished, the pope's will being that the said monitions shall bind those monished as if they had been served on them in person. Humilibus supplicum. (An. and Anselmus. | An. xx. de Adria.)
1446. 7 Id. May.
St. Peter's, Rome. (f. 309d.)
To the bishop of St. Andrews, the archdeacon of Lismore and John de Ralistoun, a canon of Glasgow, Mandate, at the recent petition of George de Abirnethi, clerk, of the diocese of St. Andrews—containing that Isabel, duchess of Albany and countess of Lenax, committed, on its becoming void by the death of William de Conyngham, the government of the hospital of Polmade in the diocese of Glasgow (the commission of the government or administration thereof belonging to the earl or countess of Lenax for the time being) to the said George for life, who in virtue of the said commission obtained possession of the administration; but that John, bishop of Glasgow, at the instance of Thomas de Lawedre, a canon of Aberdeen, alleging that a prebend had been created of the said hospital in the church of Glasgow by authority of the ordinary, and had been collated to him, monished and ordered George, under pain of excommunication etc., to give up possession to Thomas, from which monition and mandate, as soon as they came to his knowledge, he appealed to the apostolic see, in contempt of which appeal the said bishop declared him to have incurred the said sentences etc., and caused him to be publicly proclaimed excommunicate—to summon the said Thomas and others concerned, absolve George ad cautelam, hear both sides, and decree what is just without appeal. Humilibus supplicum. (An. and Anselmus. | An. xx. de Adria.)

Footnotes

1 On the back of the volume is the modern description in Latin. '1446' (corrected in ink from '1496'). 'An. xvi.' (corrected in pencil from 'xv.'). 'Eugenii IV.' A flyleaf has, in contemporary hands: 'Primus de Exhibitis Anno xvi,' 'R(ecipe) Dionisi,' and 'Rubricatus est.' On the bottom edge of the volume is the usual contemporary description: 'Primus de exhibitis anno xvi domini nostri Eugenii pape iiii.'
2 postquam ille suas ccrti tenoris citacionis litteras executioni demandatas in forma solita contra eundem Thomam Quhythed ad partes illas decreverat.
3 ex ipsius ecclesie canonicis aliqui longe numero pauciores.
4 The surname is added in the margin by A. [de Felletis].