Vatican Regesta 418
1451

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Institute of Historical Research

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J. A. Twemlow (editor)

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1915

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222-228

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'Vatican Regesta 418: 1451', Calendar of Papal Registers Relating to Great Britain and Ireland, Volume 10: 1447-1455 (1915), pp. 222-228. URL: http://british-history.ac.uk/report.aspx?compid=103548 Date accessed: 24 April 2014. Add to my bookshelf


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Vatican Regesta, Vol. CCCCXVIII. (fn. 1)

De Curia.

5 Nicholas V.

1451.
6 Non. Oct.
(2 Oct.)
St. Peter's, Rome.
(f. 6.)
To the bishop of St. Andrews. Mandate, as below. Lately the pope ordered the bishops of Glasgow and Dunkeld to cause Richard, [now] abbot of the Benedictine monastery of Alberbrotht [sic], then a secular clerk, to be received as a monk of the said monastery and to receive his profession, to admit the proposed resignation of Walter, [now] a monk, then abbot of the same, and to make provision thereof to Richard, reserving a life pension to Walter. Afterwards (upon its being set forth to the pope by Walter that John Arous, archdeacon of Glasgow, by subdelegation from William, bishop of Glasgow, had carried out all the above, but that some alleged that the said bishop had no power to thus subdelegate, and that the validity of the said archdeacon's proceedings was therefore doubtful) the pope, at Walter's petition, ordered the above bishop of St. Andrews and the prior of St. Andrews to decree, after inquiry, that the said reservation of a pension should hold good as if the said bishop William had had power of subdelegating the said archdeacon. At Walter's recent petition (containing that William, prior of St. Andrews, duly confirmed the said reservation by the said archdeacon, and that from his confirmation the said Richard appealed to the apostolic see, but that the appeal has not been committed; and adding that Richard prevents Walter from having possession of the lands etc. which constitute the said pension) the pope orders the above bishop to summon Richard and others concerned, and if he find the facts to be as stated, to induct Walter or his proctor into possession of the said lands etc., causing satisfaction to be made to him by the said abbot Richard for fruits etc. wrongfully taken therefrom, under pain of excommunication and deprivation. Justis et honestis. (G. Trapezuntius. | xx. Ja. de Rizonibus. Ja. de Viterbio.) [In the margin: Sep(tembris). 4⅓ pp. See above. pp. 208, 209.]
16 Kal. Sept.
(17 Aug.)
St. Peter's, Rome.
(f. 80d.)
To Vincent Clementis, canon and provost of Valencia (Valentin.), papal subdeacon and nuncio, and collector of the camera in the realm of England. Faculty to absolve usurers in the said realm, after they have made restitution etc., enjoining penance etc., and to compel, by censure etc., those who persist in their crime to desist therefrom. Sums recovered, whose owners are not forthcoming, are to be sent to the pope for the fabric and repair of the churches of Rome (urbis). Quoniam sic opportet. (Pe. de Noxeto. | A. de Panigalis.) [1½ pp. For two other faculties to Vincent Clement, see below, f. 242.]
Id. Aug.
(13 Aug.)
S. Maria Maggiore,
Rome.
(f. 181)
To Nicholas, cardinal priest of St. Peter's ad Vincula, legate of the apostolic see to the realm of England. Commission and mandate to treat for a truce and a lasting peace between Charles, king of the French and Henry, king of England and their adherents; with the usual faculty to relax oaths etc. Redemptoris et domini nostri. (G. de Porris.) (fn. 1) [3¾ pp.]
18 Kal. Sept.
(15 Aug.)
S. Maria Maggiore,
Rome.
(f. 182d.)
To Nicholas, cardinal priest of St. Peter's ad Vincula, legate of the apostolic see to the realm of England and Philip, duke of Burgundy and his dominions. Extending his legation so as to include Philip, duke of Burgundy and his dominions (through which he will have to pass), that duke having sent an embassy to inform the pope of his hope that the time had come to treat for a peace between the above kings etc., and requesting the pope to send his legates for the purpose, in response to which the pope has sent William, cardinal priest of St. Martin's in Montibus to France and the above Nicholas to England. Dum nuper intra nostre. (Jo. de Cremonensibus.) [1¾ pp. See Rinaldi, Annales, anno 1451, (fn. 2) vii.]
9 Kal. Oct.
(23 Sept.)
St. Peter's, Rome.
(f. 183d.)
To the same. Faculty to grant to fifty persons of either sex in his legation to choose their confessor, who may hear their confession and grant absolution, except in cases reserved to the apostolic see. Cum te ad regnum. (Bonannus.)
Ibid. (fn. 2)
(f. 184.)
To the same. Faculty to absolve all persons, secular and regular, within his nunciature who have obtained benefices simoniacally, dispense them on account of irregularity, and rehabilitate them, and make fresh collation to them; provided that the fruits etc. thus wrongfully taken, or part thereof, be converted to the repair etc. of the churches of Rome. He is to certify the papal camera or its collector in those parts of names and dates. (P. de Legendorff.) [1½ pp.]
Ibid. To the same, Faculty to proceed against all heretics, schismatics and forgers of apostolic letters, punish them, implore the aid of the secular arm, etc. (A. de Magio.)
Ibid.
(f 185.)
To the same. Faculty to grant to forty bishops or superiors of those parts to have a portable altar. (R. Bourdonis.)
1451.
Ibid.
To the same. Faculty to absolve from excommunication etc., enjoining penance, thirty persons of those parts, secular or regular, who have laid violent hands on priests and clerks, even to the effusion of blood or mutilation of limbs or other enormous wounding, but short of death; and to do so in the case of ten persons only of those parts when death has followed accidental wounding; dispense them on account of irregularity contracted, and dispense them to minister in their orders, short of the ministry of the altar, after temporary suspension, and to be promoted to higher orders, and rehabilitate them, etc. (P Philippron.)
Ibid. To the same. Faculty to grant to penitents, present whenever and wheresoever in those parts he solemnly celebrates mass, relaxation of three years of enjoined penance, or two years when he causes mass to be solemnly celebrated in his presence or holds a parliament (parlamentum) or solemnly enters a city or notable place for the first time and in procession. (A. de Racaneto.)
Ibid. To the same. Faculty to dispense thirty persons of those parts, on account of any kind of illegitimacy of birth, to be promoted to all, even holy orders and (even in case they have been already dispensed by papal authority, on account of the said defect, to be ordained and hold one benefice only) to hold two compatible benefices with or without cure, even if one be a canonry and prebend in a collegiate church and be, in the case of nobles, a dignity [major] in a cathedral or metropolitan church, or principal in a collegiate church, and to exchange them. (Ja. de Viterbio.)
Ibid.
(f. 186.)
To the same. Faculty to absolve any persons from any unlawful oaths, and to relax such oaths, dispense them on account of perjury incurred, provided that such absolution or dispensation do not redound to the grave prejudice of any. Such persons shall contribute somewhat, at the nuncio's discretion, to the repair etc. of the basilicas of Rome. (Jo. de Steccatis.)
Ibid. To the same. Faculty to grant to fifty persons of either sex that the confessor of their choice may grant them, being contrite and having confessed, plenary remission of all their sins, once only, in the hour of death; with the usual clause, ‘Et ne quod absit,’ providing against abuse, and the clause ‘Et insuper,’ requiring fasting for a year on every Friday or other day. (L. de Cosciaris.) [1 p.]
Ibid.
(f. 187.)
To the same. Faculty to confer the office of notary public on thirty persons, having completed their twentyfifth year, even if married or in holy orders, even the priesthood, [the office in the latter case to be exercised] only in pious and ecclesiastical causes; with the form of oath to be taken. (P. de Legendorff.) [1¼ pp.]
1451.
Ibid.
To the same. Faculty to grant to forty ecclesiastics of those parts to be promoted to holy, even priest's orders, at other than the ember seasons (extra quatuor tempora), even on one day, and to minister therein. (G. de Nuuolonibus.)
Ibid.
(f. 187d.)
To the same. Faculty to grant to thirty men and as many women, provided that they be noble or grave persons, related in the third or the third and fourth degree[s] of kindred or affinity, and to any persons, of whatsoever condition, related in the fourth degree of kindred or affinity, who desire to marry, or who, ignorant or aware of such relationship, have contracted marriage and had offspring, (i) dispensation to marry, (ii) in the case of those ignorant, dispensation to remain in the marriage contracted, and (iii) in the case of those not ignorant, absolution from excommunication incurred and, after temporary separation, dispensation to contract marriage anew and remain therein; decreeing offspring born and to be born legitimate. Those who knowingly contracted marriage are to send a sum of money for the fabric of the churches of Rome. (P. de Rubeis.)
Ibid.
(f. 188.)
To the same. Faculty to appoint, in places only of his nunciature where he shall reside in person, two priests as penitentiaries and confessors who may hear confessions and absolve in those cases in which minor penitentiaries can do so, but not in cases reserved to the apostolic see or the pope, enjoining penance etc. (Ja. Bouron.)
Ibid. To the same. Faculty to dispense any persons on account of irregularity contracted by celebrating or taking part in divine offices when under excommunication, or doing so in places under interdict, enjoining penance and, after temporary suspension, to rehabilitate them, and to absolve them from any sentences of excommunication etc. (Jo. de Augeroles.)
Ibid.
(f. 189.)
Faculty to grant indult to twenty-five persons of those parts for seven years to take the fruits of their benefices, and not to be bound to reside, whilst studying in an university or being in the service of a prince or prelate, (G. Amire.)
Ibid. To the same. Faculty to dispense forty persons within his legation in cases in which the pope's major penitentiary in the Roman court can do so, and dispense on account of the greater irregularity contracted, and also to absolve all persons of his legation in all cases in which the minor penitentiaries residing in the said court can do so; enjoining penance etc. (A. de Reate.)
1451.
Ibid.
To the same. Faculty to grant to fifty persons of those parts, of noble birth or doctors of canon or civil law or masters in theology, to have mass celebrated before daybreak. (M. Amici.)
Ibid.
(f. 190.)
To the same. Faculty to convoke patriarchs, archbishops and bishops, [bishops] elect, abbots, priors, provosts, archdeacons etc. (Ja. [de] Trepezuntiis.)
Ibid. To the same. Faculty to consecrate or cause to be consecrated by other bishops, and to reconcile or cause to be reconciled by fit priests, the water having been in the latter case blessed by a bishop, churches and monasteries in those parts. (Ja. [de] Trapezuntiis.)
Ibid. To the same. Faculty to reconcile apostate religious, rehabilitating them etc. (Jo. de Cremonensibus.)
Prid. Id. Oct.
(14 Oct.)
St. Peter's, Rome.
(f. 235d.)
To the bishops of Hamar (Hamoren.) and St. Andrews, and the provost of the chapel royal of St. Andrews, Mandate, as below. The recent petition of David Monypenny, clerk, of the diocese of Brechin, contained that formerly, after the late Thomas Grenlaw, then rector of the parish church of St. Laurence, Convetht, in the diocese of St. Andrews, had been deprived by James, bishop of St. Andrews, by virtue of letters of Eugenius IV, for his adherence to the General Council of Basel after its translation by the said pope to Ferrara, and after provision had been made, in virtue of the said letters, to Adam Falconer, priest, of the said diocese of St. Andrews, and after Adam had obtained and held possession for more than eight years, and after the present pope had made his general restitution of benefices to all who had been deprived by his said predecessor or by himself or by any other authority for adherence to the General Council at Basel or at Lausanne, the said Thomas died without having prosecuted the said restitution and without having obtained possession of the said church. Afterwards, upon its being set forth to the present pope by Richard Cady, priest, of the diocese of Glasgow, that the said church had become and was void by the death of the said Thomas, the pope ordered the provost of Dalketht in the diocese of St. Andrews and other judges to summon the said Adam, and if they found the said church to be void by the death of Thomas or in any other way, to make provision thereof to Richard; proceeding to execution of which mandate the said provost cited Adam, then grievously ill, who, not being in his right mind (fn. 1) , was persuaded to resign, whereupon provision was ordered by papal authority to be made thereof, as if void by the death of Thomas, to John Atholie, clerk, of the diocese of Dunkeld [above, p. 210]. Afterwards, when Adam came to his right mind again (fn. 1) , he revoked the said resignation and continued his possession till his death, when the above David (by virtue of letters of the present pope, by which he lately ordered, motu proprio, provision to be made to him of a benefice with or without cure in the collation etc. of the bishop and the prior and chapter etc. of St. Andrews) accepted the said church, thus void, and in the collation of the said bishop and chapter, and got provision made to him and obtained possession, although he has appealed to the apostolic see from certain alleged papal processes of provision of the said Richard and John, and from a number of other grievances. At the said petition, adding that David doubts whether the said acceptance and provision and obtaining possession hold good, the pope hereby confirms them, absolves David, who is of a race of barons, from all sentences of excommunication etc. which he may have incurred, as far only as regards the taking effect of these presents, and orders the above three to collate and assign to him the said parish church, value not exceeding 30l. sterling, still void as above. Nobilitas generis, vite etc. (Pe.de Noxeto. | xxx. W. de Gouda. Ja. de Viterbio.) [In the margin: Octobris. 3½ pp.]
16 Kal. Sept.
(17 Aug.)
St. Peter's, Rome.
(f. 242.)
To Vincent Clementis, canon and provost of Valencia (Valentinen.), papal subdeacon (fn. 2) and nuncio, and collector of the camera in the realm of England. Faculty to remove persons therein who are holding incompatible benefices without dispensation and, in the case of those who did so and who were afterwards dispensed, but did not make satisfaction to the papal camera in respect of fruits etc. received before such dispensation, to admonish and order them to restore to him such fruits or their value, or otherwise to make an agreement with him, under pain of disability and deprivation; to send money arising from the foregoing to the pope for the repair of the churches of Rome, and to make fresh collation to those who resign. Romanus pontifex. (Pe. de Noxeto. | A. de Panigaliis.) [1½ pp.]
Ibid. To the same. Faculty to him, whom the pope lately appointed nuncio and collector in the said realm, to grant to twenty-five ecclesiastics thereof, who are at an university, to study civil law (leges) and medicine for five years; to grant to fifty, whilst engaged at the university or [in the service] of Henry, king of England (fn. 3) , to take the fruits of their benefices for seven years, and not to be bound to reside therein; to dispense fifty, on account of defect of age, to be, after they attain their twentieth year, promoted to all holy orders, even the priesthood, minister therein, and hold a benefice with cure; to dispense fifty, on account of any kind of illegitimacy, to be promoted to all, even holy orders and hold two compatible benefices with or without cure, even if one be a canonry and prebend in a collegiate church, and to resign them, for purpose of exchange; and to dispense fifty men and as many women, related in the third and fourth degrees or only the fourth degree of kindred or affinity, to marry, or those who, in ignorance of the said relationship, have contracted marriage per verba legitime de presenti. to remain therein. (Pe. de Noxeto. | A. de Panigaliis.) [3 pp.]

Footnotes

1 On the back of the volume is the usual modern label, with ‘Nicol, V.de Curia. Lib. xiii. Tom. xxxiv,’ Within the cover is the front half of the original sheepskin binding, with ‘mccccli,’ etc. A flyleaf has, in the hand of Giovanni Bissaiga, ‘Nicolai V. de Curia. Lib. xiii. Tom, xxxiv,’ after which come the rubricelle, headed ‘Incipiunt Rubricelle xiii de Curia.’
2 This and the next and the faculties which follow are without the usual ‘Pe. de Noxeto,’ or corresponding name, in the margin at the beginning.
3 This and the following end ‘Datum ut supra,’ and are without the incipit ‘Cum etc.’
4 tunc sue mentis minime compos.
5 ad mentem et intellectum reductas.
6 subdicano, rectius subdiacono.
7 quod inibi vel carissimis [sic] in Christo filii nostri Henrici regis Anglie illustris [obsequiis] insistendo.