Lateran Regesta, 428
1446-1447

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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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557-565

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'Lateran Regesta, 428: 1446-1447', Calendar of Papal Registers Relating to Great Britain and Ireland, Volume 9: 1431-1447 (1912), pp. 557-565. URL: http://british-history.ac.uk/report.aspx?compid=103455 Date accessed: 01 August 2014.


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16 Eugenius IV. (cont.)

De Diversis Formis.

1446.
6 Kal. Sept. St. Peter's, Rome.
(f. 5.)
To the bishop of Bath and Wells, and the archdeacon of Taunton. Mandate, at the recent petition of the inhabitants of the town or borough (fn. 1) of Taunton in the diocese of Bath and Wells (containing that the parish church or chapel of St. Mary Magdalen therein, said to be appropriated to the Augustinian conventual priory of SS. Peter and Paul near Taunton and to depend thereon, has a perpetual vicarage and all parochial rights except burial; that its holder celebrates mass and other divine offices and administers to the parishioners all ecclesiastical sacraments and sacramentals; and that, inasmuch as the bodies of persons who die in the said town are taken to the said priory for burial at its church or cemetery, the said bodies sometimes, especially in winter and rainy weather, on account of the flooding of a certain river [sc. Tone] between the said priory and town, cannot be so conveyed without the greatest risk and danger) to grant that the said inhabitants, after they have made a proper compensation to the said prior and convent, may have a cemetery near the said parish church or chapel or otherwise within the said town, and bury therein or in the said parish church or chapel, and have it consecrated by a catholic bishop. Ad apostolice dignitatis. (An. and G. de Elten. | An. xxxx. de Adria.) [1½ pp.]
9 Kal. Sept.
St. Peter's, Rome.
(f. 6.)
To the bishop of Kilmore. Mandate, after imposing penance, to dispense Cunstraich Uragillich, layman, and Honora inge Uragillich to marry notwithstanding that they are related in the double third and the double fourth degrees of kindred, aware of which they lately committed fornication several times and had offspring which, with the offspring to be born of the said marriage, is to be proclaimed legitimate. Oblate nobis. (An. and G. de Elten. | An. xx. de Adria.)
8 Id. Aug.
St. Peter's, Rome.
(f. 10d.)
Indult, at the petition of Humphrey, duke of Gloucester, that twelve of his domestic and continual commensal chaplains, whilst serving in his chapel, and other eight as long as they are in his service, may take and rent, let etc. to any persons, even laymen, the fruits etc. of their benefices, save only the daily distributions, as if resident therein. Ad fut. rei mem. Cognitam fidis constanciam. (An. and G. de Elten. | An. clx. de Adria.) [2½ pp.]
4 Kal. Oct.
St. Peter's, Rome.
(f. 24d.)
To Stephen Wilton, archdeacon of Winchester, doctor of canon law. Indult for life to visit by deputy churches, monasteries etc. in his said archdeaconry, or other which he may obtain by exchange or otherwise, and to receive the procurations in ready money. Meruit tue devocionis.
Concurrent mandate to the bishop of Camerino and the archdeacons of Canterbury and London. Meruit dilecti filii. (An. and G. de Elten. Nicasius. | An. xx. xxii. de Adria.)
3 Id. June.
St. Peter's, Rome.
(f. 25d.)
To David de Hamylton, dean of Aberdeen, S.T.B., a papal chamberlain. Grant, as below. Martin V, on the voidance at the apostolic see of the deanery of Aberdeen, a major elective dignity with cure, by the death there of James Screymgiour, made collation and provision thereof to the above David; and the present pope, inasmuch as pope Martin died before his letters were drawn up, decreed that the said collation and provision none the less held good, and that his own letters should be sufficient proof thereof [Cal. Lett. VIII., pp. 412, 413]. At David's recent petition, containing that some hesitate as to the validity of the said collation and provision, in virtue of which, as also of the said letters, he obtained possession, the pope grants to him, who is also M.A. and of noble birth, that the said collation and provision and their consequences shall hold good from the date of these presents, even if the said deanery, whose yearly value does not exceed 60l. sterling, became void as above, or by the death of Nicholas Tunnok in the Roman court, or by the resignation of Duncan de Lichton in the said court, or in any other way. Grata devotionis obsequia. (A. and Jo. de Steccatis. | A. xxii. Pridie Non. Octobris Anno Sextodecimo. de Felletis.) [1½ pp.]
Id. Aug.
St. Peter's, Rome.
(f. 28.)
To the prior of Drumlean in the diocese of Kilmore. Mandate, as below. The pope recapitulates the letters by which he lately ordered certain judges to cause Tytheus Macgumm, priest, of the diocese of Kilmore, who held, as he still does, the perpetual vicarage of the church of St. Felimy (Sancti Fylemey), Kellmor, in the said diocese, with cure and of the patronage of laymen, to be received as a canon of the above Augustinian priory, and to receive his profession, the pope's will being that he should in due course resign the said vicarage. Seeing that the said vicarage is hoped to become void by the said profession; that, as was contained in the recent petition of Thomas Ygoband, the fruits etc. of the deanery of the said church [of St. Felimy], a non-major dignity, are very slight; and that, as the pope has learned, Laurence Offerkellaich, dean of the said church (at which the bishop of Kilmore resides and holds his see), proposes to resign, the pope orders the above prior, if he find the foregoing to be true, and that, as the said petition alleged, the yearly values of the said vicarage and deanery do not exceed 8 and 1 marks sterling respectively, and if the consent of the said patrons be given, to unite the said vicarage to the said deanery in perpetuity, so that upon the said Tytheus resigning the vicarage, the dean for the time being may take possession; to receive the said resignation of Laurence, and to collate and assign the said deanery, without cure and non-elective, together with the said annexed vicarage, to the said Thomas, whether it become void by such resignation, or be void by the death of Donatus Ygoband or in any other way. Ad ea ex paterne. (An. and Ja. de Vicentia. | An. xxx. de Adria.) [4 4/5 pp.]
Id. Aug.
St. Peter's, Rome.
(f. 32d.)
To Hugh ap Guillim, priest, of the diocese of St. Davids. Rehabilitation, at his recent petition containing that formerly, after being 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, he obtained the parish church of All Hallows, Goldsmith Street, Exeter (Omnium Sanctorum in Aurifabria civitatis Exoniensis), and, after holding it for some time, resigned it and obtained the parish church, which he still holds, of Chylmelegh in the diocese of Exeter, by presentation of the lay patrons and institution by the ordinary, without having obtained other dispensation on account of the said defect. The pope further wills that the said presentation and institution shall hold good from the date thereof, and dispenses him to retain by virtue thereof the said church, value not exceeding 20l. sterling, and any other benefices, with or without cure, compatible with one another and with the said church, and to resign them and it, simply or for exchange, as often as he pleases. Ex apostolice servitutis. (An. and G. de Elten. | An. l. de Adria.) [2 pp.]
6 Kal. Sept.
St. Peter's, Rome.
(f. 33d.)
To the bishop of Worcester. Mandate to dispense William Spenser, layman, and Joan Power, relict of Walter Power, of his diocese, to remain in the marriage which they formerly contracted per verba legitime de presenti, and consummated, in ignorance of an impediment of quasi-affinity arising from the fact that the said William contracted marriage in like manner with a daughter below the age of puberty and since deceased, of the said Joan, who consented (fn. 2) ; decreeing legitimate the offspring born, if any, and that to be born of the marriage. Oblate etc. (An. and G. de Elten. | An. xx. de Adria.)
Prid. Id. Sept.
St. Peter's, Rome. (f. 44d.)
To the bishop of Kilmore. Mandate, after imposing penance for incest, to dispense Odo Yragillich, layman, and Joan, inge Uragillich, of his diocese, to marry, notwithstanding that they are related in the third and double fourth degrees of kindred and the quadruple third and double fourth degrees of affinity, and notwithstanding spiritual relationship arising from Joan's father having been godfather at Odo's baptism, aware of all which they committed fornication more than once and had offspring; decreeing legitimate the said offspring and that to be born of the marriage. Oblate etc. (An. and A. de Cortesiis. | An. xxiiii. de Adria.)
6 Id. June.
St. Peter's, Rome.
(f. 54.)
To John de la Bere, archdeacon of Surrey in Winchester, bachelor of canon law. Indult to him, who is fifty years old and more and chief almoner of Henry, king of England and his household, to take, and to rent, let etc. to any persons, even laymen, whilst engaged in the service of the said king and of queen Margaret, the fruits etc. of his benefices, and not to be bound to reside therein. Litterarum sciencia, vite etc.
Concurrent mandate to the bishops of Tivoli and Salisbury, and the prior of St. Mary's, Overes in the diocese of Winchester. Litterarum etc. (A. and G. de Elten, A. de Cortesiis. | A. xxvi. xxviii. de Felletis.)
1446[–7].
Prid. Non. Feb.
St. Peter's, Rome. (f. 97d.)
To Richard Dutton, rector of Routhestorne in the diocese of Lichfield and Coventry, bachelor of canon law. Dispensation, as below. Lately (upon its being set forth to the pope that formerly, after he had been dispensed by papal authority, as the son of an unmarried man and a married woman, to be promoted to all, even holy orders and hold a benefice even with cure, he, having been so promoted, and having obtained by authority of the ordinary the parish church of Eccleston in the diocese of Lichfield and Coventry, resigned it, without having obtained any other dispensation, and obtained the above parish church of Routhestorne) the present pope rehabilitated him, and granted that the collation and provision made to him thereof should hold good, and that he might retain it as if he had been sufficiently dispensed, at the same time further dispensing him to receive and hold therewith four other benefices, with or without cure, compatible with one another [and with the said church], and to resign them, simply or for exchange, as often as he pleased, and hold instead five other compatible benefices [above, p. 123]. At his recent petition (containing that he afterwards, believing that the said dispensation was sufficient, obtained by collation of the ordinary the archdeaconry of Meath, a non-major dignity, and has held it and the said church together for some time, taking, however, no fruits from the said archdeaconry) the pope dispenses him, who is of noble birth and took the degree of bachelor of canon law at Oxford, to retain together for life the said church and archdeaconry, value not exceeding 100 and 500 marks sterling respectively, even if the latter have cure and be elective etc., and to resign them, simply or for exchange, as often as he pleases, and hold instead two other incompatible benefices, provided that they be not two parish churches or their perpetual vicarages, or major or principal dignities or one of each. [Nobilitas generis,] Litterarum sciencia, vite etc. (A. and G. de Elten. | A. l. de Felletis.) [1¾ pp. The letter is cancelled by strokes, with note in margin: Cassata et de anno primo domini Nicolai in forma 'Prouisionis nostre' registrata propter correcturam, An. de Adria.]
1446.
Non. July.
St. Peter's, Rome.
(f. 109.)
To Richard Hegges, rector of St. Mary's, Penbrige, in the diocese of Hereford. Dispensation to him, who holds the said church and a canonry and the prebend of Whugreve in the collegiate church of Stafford in the diocese of Coventry and Lichfield, the fruits etc. [of both] of which (quorum) do not exceed a yearly value of 42l. sterling, to receive any benefice with cure or otherwise incompatible, even if a parish church etc., and to retain the said church therewith for life, and resign them, simply or for exchange, as often as he pleases, and hold instead two other incompatible benefices, even if parish churches etc., notwithstanding the pope's late ordinance to the contrary [see above, p. 5], etc. Vite etc. (A. and Blondus. | A. xxx. Sed gratis in plumbo et registro. de Felletis.) [2¾ pp.]
3 Id. July.
St. Peter's, Rome.
(f. 118.)
To the bishop of Salisbury. Mandate to dispense Roger Mayu, layman, and Joan Stone, relict of John Mayu, layman, of his diocese, to remain in the marriage which they formerly contracted per verba legitime de presenti, and consummated, in ignorance that they were related in the second degree of affinity: decreeing legitimate the offspring born, if any, and that to be born of the marriage. Oblate etc. (An. and G. de Elten. | An. xvi. de Adria.) [1 p.]
14 Kal. July.
St. Peter's, Rome.
(f. 120.)
To the bishop of Annadown. Mandate, at the recent petition of Thomas Broke, priest, of the diocese of Lincoln (containing that after Martin V's reservation to himself and his successors of all sentences of excommunication etc. for simony, he paid to the then rector of Broghton in the said diocese a sum of money, in order that he should resign with a view to collation being made to him; that, after the said resignation had been made, in order that he might be presented by the lay patron, he procured the said patron's release from certain debts, thereby incurring the said sentences etc.; and that, having been thus presented and having been instituted by the ordinary, he has detained possession, taking the fruits) to absolve him from the said sentences etc., enjoining penance, dispense him on account of irregularity, and rehabilitate him, and in that event to grant that the said presentation and institution shall hold good from the date of these presents, and that he may retain the said church, value not exceeding 40 marks sterling. The pope wills that the fruits etc., of the first year shall be converted to the fabric of the said church. Sedes apostolica. (Chri. and G. de Elten. | Chri. xxii. Quintodecimo Kal. Septembris Anno Sextodecimo. Coronen.) [1½ pp.]
1446[–7].
7 Kal. Feb.
St. Peter's, Rome.
(f. 140.)
To John, elect of St. Davids. Faculty for him, to whom the pope recently made provision of the said church, to be consecrated by any catholic bishop, assisted by two or three others. The consecrator is thereafter to receive from him the usual oath of fealty, according to the form enclosed, and send it (destinare procures) to the pope by John's letters patent, sealed with John's seal; without prejudice to the archbishop of Canterbury, the metropolitan. Cum nos nuper. (An. and A. de Cortesiis. | An. xvi. de Adria.)
15 Kal. Feb.
St. Peter's, Rome.
(f. 144.)
To John Colman, rector of Funton' in the diocese of Exeter. Dispensation, at his own petition and that of Thomas, earl of Devon (Dyvonie), whose chaplain he is, to hold for life, besides the said church, value not exceeding 20l. sterling, any benefice with cure or otherwise incompatible, even if a dignity etc., and to resign them, simply or for exchange, as often as he pleases, and hold instead two other incompatible benefices, even if two major or principal dignities or two parish churches etc., notwithstanding the pope's late ordinance to the contrary [see above, p. 5] etc. Vite etc. (An. and G. de Elten. | An. xxxx. de Adria.)
1446.
13 Kal. Jan.
St. Peter's, Rome.
(f. 146.)
To the bishop of Durham. Mandate to dispense Thomas Gray, layman, and Alice de Elwyk of his diocese, to contract and solemnize marriage, notwithstanding the possible existence of an impediment of spiritual relationship arising from the fact that Alice's mother was godmother to one of twins of Thomas's mother, although it is uncertain whether to Thomas himself or to his twin-brother, aware of which they contracted espousals per verba legitime de futuro. Oblate etc. (An. and G. Gonne. | An. xx. de Adria.)
1446[–7]
.5 Kal. Feb.
St. Peter's, Rome.
(f. 146d.)
To Robert Bambarch, perpetual vicar of Westerynchtan in the diocese of Lincoln. Grant and indult to him (who proposes to resign the said vicarage in order that he, who is getting old, may in future be relieved from the exercise of cure of souls) that, after he has made such resignation, he shall not be bound to exercise the said cure in any benefice which he shall not hold, or by reason thereof. (fn. 3) Exigit tue devotionis. (A. and G. de Elten. | A. xvi. de Felletis.)
Ibid.
(f. 151.)
Faculty, at the recent petition of Henry, king of England, to the bishops of Worcester and Norwich, William Waynflete, provost of the royal college of St. Mary the Virgin, Eton, and William Say, warden of the hospital of St. Anthony, London, bachelors in theology, and other persons of the king's choice, to make and put forth statutes and ordinances for the said hospital, of which he is the patron, etc. Ad fut. rei mem. Meruit carissimi. (An. and G. de Elten. | An. l. de Adria.)
1446.
3 Non. Dec.
St. Peter's, Rome.
(f. 172.)
To the bishop of Lincoln. Mandate to dispense Robert Lumley, layman, and Mary Appilby, of his diocese, to marry notwithstanding that they are related in the third degree of affinity. Oblate etc. (An. and Jo. de Steccatis. | An. xvi. de Adria.)
Prid. Id. Nov.
St. Peter's, Rome.
(f. 178d.)
To all faithful. Relaxation, to be valid during twenty years only, of two years and two quarantines of enjoined penance to penitents who on the principal feasts of the year and that of 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 of the chapel of St. Mary the Virgin, Adancton, called [St. Mary] Grace's, (fn. 4) in the diocese of Glasgow, to which on account of many miracles which the Most High has worked therein by the merits of the said Virgin, a multitude has been wont to resort daily, and whose buildings, and also its books, chalices, and ecclesiastical ornaments, are in no small need of repair. Dum precelsa. (An. and Blondus. | An. xx. de Adria.)
11 Kal. Dec.
St. Peter's, Rome.
(f. 218.)
To John, cardinal priest of St. Balbina's. Mandate (the pope having learned that the prior and some of the monks of the Cluniac priory of Montacute in the diocese of Bath and Wells lead an unhonest life, are incontinent, and have wasted the goods of the priory, whereby the said priory is in no small measure injured in spirituals and temporals and otherwise, and is exposed to destruction (fn. 5) ) to go, in person or by deputy, to the said priory, make a visitation, and reform, correct and amend without delay whatever shall be found amiss; with faculty to punish and correct the said prior and monks and any other persons of the said priory, and, if need be, to deprive and remove them from their dignities and offices in the priory, and make collation and provision thereof to other monks of the said monastery or of any other monasteries of the order; with faculty also, if, after he has begun to proceed to such visitation and correction etc., they appeal to the metropolitan or any other, to continue to proceed, notwithstanding such appeal, which the pope reputes frivolous and null beforehand, (fn. 6) and faculty to restrain the recalcitrant by censure etc., without appeal. Religiosorum excessus. (An. and G. de Elten. | An. xxxv. de Felletis.) [1½ pp.]
13 Kal. Aug.
St. Peter's, Rome.
(f. 225d.)
To the bishop of Elphin. Mandate, after imposing penance, to dispense Tomoltheus Miediarmada (rectius Micdiarmada), donsel, and Katelina de Burgo, damsel, of his diocese, to marry notwithstanding that they are related in the third degree of kindred, and in the double second degree of affinity on one side, and the double third on another side, and are otherwise for several reasons related in the third and fourth degrees of affinity, aware of which they have committed fornication; decreeing legitimate the offspring already born, if any, and that to be born of the said marriage. Oblate etc. (An. and G. de Elten. | An. xx. de Adria.) [1 p. +]
8 Id. Aug.
St. Peter's, Rome.
(f. 230.)
To Patrick Grene, rector of Launcing in the diocese of Chichester. Dispensation to him, of noble birth, to receive and hold for life with the said church, value not exceeding 20l. sterling, any one other, or, if he resign the said church, any two benefices, with cure or otherwise incompatible, even if two parish churches or their perpetual vicarages, or dignities etc., and to resign them, simply or for exchange, as often as he pleases, and hold instead two other incompatible benefices; notwithstanding the pope's late ordinance to the contrary [see above, p. 5], etc. Nobilitas generis, vite etc. (An. and Ja. de Vicentia. | An. l. de Adria.) [2 pp.]
Non. July.
St. Peter's, Rome.
(f. 236d.)
To Robert Nesewik, perpetual vicar of Recolver in the diocese of Canterbury. Dispensation, at the petition also of Humphrey, duke of Gloucester, whose chaplain he is, to receive and hold for life, besides the said vicarage, value not exceeding 20l. sterling, any benefice with cure or otherwise incompatible, even if a parish church or its perpetual vicarage, or a dignity, and to resign them, simply or for exchange, as often as he pleases, and hold instead two other incompatible benefices, even if parish churches etc.; notwithstanding ... etc., as in the preceeding. Vite etc. (An. and Blondus. | An. xxx. Sed gratis de mandato domini nostri pape in bulla et registro. de Adria.) [2 pp.]
3 Id. July.
St. Peter's, Rome.
(f. 244d.)
To Patrick de Howm, archdeacon of Teviotdale (Theudalie) in Glasgow, M.A. Indult to him (to whom the pope lately ordered provision to be made of the said archdeaconry on its becoming void by the deprivation, made by authority of other letters of the pope, of William Cro[y]ser [see above, p. 174], and who, from fear of the power of his enemies, dares not undertake the visitation of the said archdeaconry without the help of an armed multitude (fn. 7) ) to visit the said archdeaconry by deputy for seven years, and receive the procurations in ready money, provided that they do not exceed daily 30 [gros] tournois of silver, 12 to the gold florin of Florence. Meruit tue devotionis.
Concurrent mandate to the bishop of St. Andrews, the abbot of Calco in the diocese of St. Andrews, and the archdeacon of Dunkeld. Meruit dilecti filii. (An. and Jo. de Steccatis. Nicasius. | An. xviii. xx. de Adria.) [1 p. + See also Cal. Lett. VIII, p. 306.]

Footnotes

1 'universitatis et hominum ville seu burgi.'
2 propter publice honestatis iusticie impedimentum ex eo videlicet proueniens quod dictus Willelmus cum quadam filia ipsius Johanne, que in hoc consensit, infra annos pubertatis constituta prius matrimonium contraxit per similia verba. postmodum vita functa, in posterius contracto matrimonio remanere nequeant. ...
3 quod postquam resignationem hujusmodi feceris, ad exercendam in aliquo beneficio quod non obtinueris, vel illius ratione, curam predictam minime tenearis ... concedimus pariter et indulgemus.
4 capella beate Marie Virginis de Adancton de Gratia nuncupata.
5 prior et nonnulli ex monachis prioratus Montisacuti Cluniacensis ordinis Bathoniensis et Wellensis dioccsis, quod [sic] per priorem gubernari consuevit, regulari per eos prorsus conculcata modestia. vitam detestabiliter ducunt inhonestam, ac incontinencie vicio multipliciter respersi, res et bona dicti prioratus dissipare et in corum abusus turpiter convertere non erubuerunt. A cross in the margin draws attention to the 'quod.'
6 quam ex nunc frivolam et nullam reputamus.
7 quique potenciam inimicorum tuorum merito perhorrescens ad visitandum propterea ecclesias et alia loca ecclesiastica dicti archidiaconatus absque multitudine armatorum tibi assistentium accedere non audes.
00 On the back of the volume is the usual modern description: 'Eugenio IV. 1446. Anno 16 (corrected in pencil from '17'). Lib. 2.' A flyleaf has, in three contemporary hands: 'Secundus de diuersis formis Anno xvi,' 'R(ecipe) Corrade' and 'Rubricatus per me Conr(adum) Cirenborg xx Aprilis 1447 anno primo pape Nicolai'; and in a modern hand: 'Eugenii PP. 4. No. 208.' On the bottom edge of the volume is the usual contemporary description: 'Secundus de diuersis formis anno xvi. domini nostri Eugenii pape iiiiti.'