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Vatican Regesta 458
1456

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Institute of Historical Research

Publication

Calendar of Papal Registers Relating to Great Britain and Ireland, Volume 11: 1455-1464

Author

J. A. Twemlow (editor)

Year published

1921

Pages

116-123

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'Vatican Regesta 458: 1456', Calendar of Papal Registers Relating to Great Britain and Ireland, Volume 11: 1455-1464 (1921), pp. 116-123. URL: http://british-history.ac.uk/report.aspx?compid=103675 Date accessed: 26 May 2013. Add to my bookshelf

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Contents

Vatican Regesta. Vol. CCCCLVIII.
Secrete. Footnotes

Vatican Regesta. Vol. CCCCLVIII. (fn. 1)

Secrete.

2 Calixtus III.

1456.
Prid. Id. July.
(14 July.)
S. Maria Maggiore,
Rome.
(f. 9d.)		 Indult, at the recent petition of all the inhabitants of the place of Veschanam (rectius Westhanam) in the diocese of Worcester (containing that although they have been wont to receive all sacraments and sacramentals, but not burial, in a certain chapel situate in the said place within the bounds of the parish of Bitton in the said diocese, they are, on account of distance, floods, perils of the roads and especially of the crossing of the bridge of an impetuous river between the said place and the said parish church, exposed to great dangers and sometimes to death, when bodies are carried for burial) that they may cause the said bodies to be buried in the said chapel, without requiring licence of the ordinary or any other. Ad fut rei. mem. Piis et honestis. (—. (fn. 2) | xxx. Callio. Jo. de Vulterris.) [In the margin:Julii. ¾ p.]
7 Id. Aug.
(7 Aug.)
S. Maria Maggiore,
Rome.
(f. 38d.)		 To Mark, bishop of Alessandria, residing in the Roman court. Faculty to grant to Robert Clogston, a Cistercian monk of Cupar in the diocese of St. Andrews, licentiate in decrees by examination, who alleges that he has licence from the university of St. Andrews for the purpose, if found fit after examination by the above bishop and two or three other doctors of decrees, the insignia of the doctorate in that faculty, with the enjoyment of all privileges etc., as if he were to receive the said insignia in the said univerity. Eos qui laboribus. (M. Ferrarii. | xxviii. Callio. Jo. de Cremonensibis.) [In the margin: Julii. 1 p.—]

1 Calixtus III.

1455.
3 Kal. Jan.
(30 Dec.)
St. Peter's, Rome.
(f. 40.)		 Confirmation etc., as below. The pope recapitulates (without exemplifying) letters of Nicholas V, in which that pope relates that Henry VI had founded and endowed the college of St. Mary, Eton by Windsor, for a provost, ten priests, four clerks, six choristers, twenty-five poor scholars, twenty-five poor men, a schoolmaster (fn. 3) to teach the said scholars and any others who resorted thither grammar without fee, and that the said king had reserved to himself power to change the number of the said priests etc. and otherwise change the aforesaid; that afterwards the said king increased the said number of ten priests to eleven, to be called fellows and to be masters in theology or at least in arts and scholars in theology, the twenty-five scholars to seventy-four, the six choristers to fourteen, and had added an usher. (fn. 4) The said pope Nicholas, therefore, motu proprio confirmed the said foundation etc. and additions etc., the grants made by Eugenius IV and the said king and others, and, for the greater strengthening of the aforesaid, himself united and appropriated, also motu proprio, to the college its possessions, and furthermore willed that corrections and removals etc. of the said provost, priests etc. should be done, in accordance with the will and orders of the said king and his heirs, kings of England, by the ordinary conservators or other ecclesiastics to be appointed by the said king or his said heirs, to whom he granted full faculty, as is all contained more fully in letters of the said pope Nicholas, in which the tenours of the letters of the said king and of acts of parliament were inserted. Seeing that, as the pope has learned, the said king has changed the number of the aforesaid persons, ordaining that there shall be a provost, being a master or at least a bachelor in theology, in priest's orders, ten priest fellows, being likewise graduates and at least masters in arts and scholars in theology, a grammar master (fn. 5) and an usher under him, who are to teach grammar there and instruct without fee all who resort thither, ten lettered priests, stipendiary and removeable at pleasure, six clerks for the choir, seventy scholars, sixteen choristers and thirteen poor, and desires the aforesaid statutes and ordinances, and other changes etc. made by him, to be confirmed, etc., the pope hereby, motu proprio, confirms all that the said king has done, the said confirmations by Nicholas V, etc., the changes made or to be made by the said king, and, for the greater security, unites and appropriates to the college, also motu proprio, its possessions etc., and modifies and restricts the above clause in pope Nicholas's letters concerning the corrections and removals etc. of the said provost, priests etc., and decrees and declares that such corrections and removals etc. shall be done by the ecclesiastics whom the said king shall appoint, in accordance with his will and commands or ordinances and statutes, and by no others, to whom the pope hereby grants faculty, etc., etc. Ad perp. rei mem. Quamvis in hoc defluentis seculi cursu. (M. Ferrarii. | cl. P. de Legendorff.) [10½ pp. See Cal. Papal Lett., VIII., pp. 239–241, 246, 271; IX., pp. 281–283; X., pp. 17, 31, 60, and the references to the Rolls of Parliament, Bekynton Correspondence, Hist. MSS. Comm. Report IX., etc. there given. The present bull of Calixtus III is apparently not amongst the muniments at Eton College, and has not been published.]

2 Calixtus III.

1456.
Non. June.
(5 June.)
St. Peter's, Rome.
(f. 46d.)		 To the archbishop of York. Request to admit the proposed resignation by Prosper cardinal deacon of St. George's in Velabro, called [the cardinal] of Colonna, of his canonry of York and prebend of Leghton, to collate and assign them to John Lax, doctor of laws and a secretary of the pope, and to grant and assign to the said cardinal a yearly pension for life of 20l. sterling on the fruits etc., as above, Reg. Vat. CCCCXLIIII, f. 92d. Iniuncta nobis (M. Ferrarii. | S. de Spada.) (In the margin is Sine taxa.) [1⅓ pp.]
3 Kal. Aug. (fn. 6)
(30 July.)
S. Maria Maggiore,
Rome.
(f. 50.) (fn. 7) 		To Thomas Hope, rector of Brompton Raaff in the diocese of Bath and Wells, doctor of laws. Dispensation to him, who is in minor orders only, and is an abbreviator of apostolic letters, not to be bound for five years, whilst residing in the Roman court or studying letters at an university, to be promoted to any of the holy orders, namely, the subdiaconate, diaconate and priesthood, on account of the said parish church or any other benefice with cure, even if a dignity etc. Litterarum etc. (M. Ferrarii. | xvi. Callio. A. Lumpe.) [In the margin: Augusti. ¾ p.]
11 Kal. Aug.
(22 July.)
S. Maria Maggiore,
Rome.
(f. 77d.)		 To John Heinrici de Argentina, a Friar Minor. Dispensation to him, who is a chaplain and continual commensal of Margaret queen of England, to receive and retain for life any benefice with or without cure wont to be governed by secular clerks, even if a parish church or its perpetual vicarage, or a hospital, and of the patronage of laymen, and to resign it, simply or for exchange, as often as he pleases. (fn. 8) Religionis zelus, vite etc. (M. Ferrarii. | xxx. P. de Legendorff. A. de Lumpe.) [In the margin: Junii. ¾ p.]
17 Kal. Nov.
(16 Oct.)
St. Peter's, Rome.
(f. 84d.)		 To the bishop of Exeter. Faculty, in the usual form, to grant the office of notary public to Thomas Haxbi, priest, of the diocese of York. Registered briefly, with ‘Calistus etc.’ address and ‘salutem etc. Ne contractuum memoria deperiret etc. Officium tabellionatus in forma per co[m]missionem, pro Thoma Haxbi presbytero Eboracensis diocesis, sub data Rome apud Sanctum Petrum anno etc. …’ (M. Ferrarii. | xvi. Ja. de Viterbio. P. de Legendorff.)
6 Non. Oct.
(2 Oct.)
S. Maria Maggiore,
Rome.
(f. 89d.)		 To Robert (Ruberto) Sothem (or Sothern), chaplain of the chantry (cantorie) of St. Mary the Virgin and St. Cut[h]bert in the cathedral church of Durham. Dispensation, at his recent petition (containing that formerly in the said cathedral church a chantry or chapel was founded in honour of St. Mary the Virgin and St. Cut[h]bert for two priests and chaplains to celebrate in perpetuity therein for the soul of the founder [not named], one of which chaplains is bound to teach grammar to boys and youths in the city of Durham, and the other to teach them singing; and that it is said to be provided in the original foundation of the said chantry or chapel that no chaplain thereof should be able to hold or receive any benefice with or without cure, even if a hospital or an annual service or stipend, (fn. 9) and that if any chaplain obtain or receive any benefice with or without cure or such annual service, the chantry or chaplaincy shall be ipso facto void, and that another priest may be presented thereto; and that the said chaplains are bound to reside in person in the city of Durham, and teach the said boys etc. grammar and singing, and to take oath to observe all the aforesaid etc.) so that he, who is a priest and one of the chaplains of the said chantry, the value of his portion of which does not exceed 10l. sterling, and who was deputed to teach the said singing and the boys therein, may receive any benefice, even if a canonry and prebend, portion, hospital or chantry and chaplaincy or annual service, provided that it do not have cure of souls and do not exceed 10l. sterling in value, and may retain it with the said chantry as long as he is chaplain thereof, and may resign such benefice, simply or for exchange, as often as he pleases. He is to reside in the said chantry in accordance with the foundation. Vite etc. (M. Ferrarii. | xxviii. Callio. A. Lumpe.) [In the margin: Septembris. 22/3 pp.]
1456.
4 Non. Nov.
(2 Nov.)
St. Peter's, Rome.
(f. 179d.)		 To all and singular. Request for a safe conduct, to be valid during two years, for John de Eglinton, layman, of the diocese of St. Andrews. Registered briefly, with: ‘Calistus etc. Universis et singulis ad quos presentes nostre littere pervenerint salutem etc. Littera passus pro Joanne de Eglinton laico Sancti Andre diocesis, cum duratura ad duos annos, sub data Rome. anno secundo.’ (M. Ferrarii. | L. Therunda. In the margin is de Curia.)
Kal. Oct.
(1 Oct.)
S. Maria Maggiore,
Rome.
(f. 181d.)		 To John Kynet (or Kyuet, ? rectius K[n]yuet), a canon of the collegiate church of St. Peter, Westbury, in the diocese of Worcester, doctor of laws. Relaxation, at his recent petition (containing that on the voidance in a certain way of the prebend de Godringhull alias Wodforde sive Trykhyll aut Briam, in the collegiate church of St. Peter [Westbury], (fn. 10) John bishop of Worcester, stating that he wished by his ordinary authority to collate the said prebend to him, induced him to remain satisfied with 2l. sterling a year from its fruits, under pretext, as he alleged, that he desired to lay out the rest of the said fruits for the repair or fabric of the house or mansion of the dean of the said church, the said John taking an oath not to seek more than the said 2l.; and adding that the fruits of the prebend amount to about 18l. sterling a year, and that he cannot maintain himself etc. with the said 2l.) of the said oath, as being prejudicial to the foundation of the prebend and to John and to the said church, with decree and declaration that all the fruits of the said prebend have belonged to him from the time it was collated to him, and do belong to him, and that he shall receive them and convert them wholly for life to his uses and the uses of the prebend, and that he is in no wise bound to observe the said oath; with mandate executory hereby to the archbishop of Canterbury and the abbots of Westminster and St. Albans. Litterarum etc. (—. (fn. 11) | xxxii. Callio. Jo. de Cremonensibus.) [In the margin: Septembris. 22/3 pp.]
Prid. Kal. Sept.
(31 Aug.)
S. Maria Maggiore,
Rome.
(f. 184.)		 To the abbots of St. Albans and St. Peter's, Westminster, and the prior of Lenton in the diocese of York. Mandate, as below. The recent petition of John Bothe, warden or master of the college or hall of the Annunciation of St. Mary, commonly called [the college or hall] of Gonvylhalle in Cambridge, contained that although he was lately duly appointed warden or master of the said college, then without a rector or warden or master, and obtained possession of the rule or wardenship or mastership, and has thenceforward ruled and kept the mastership for some time in peace, nevertheless subsequently Thomas Boleyn, John Hille, George Mounford alias Croft, Robert (Rubertus) (fn. 12) Calthon (also written Calton), Clement Rudde, Robert Haylys and Richard Thornham, alleged clerks of the province of Canterbury, [opposing] the said John Bothe's appointment as rector or master, have unjustly presumed and still presume to [hinder], molest and disturb in many ways his peaceable exercise [of the said rectorship or mastership], and, as far as in them lay, to cause him to be deprived thereof, from which hindrances etc. he has appealed directly to the apostolic see and, by way of precaution, to the court of Canterbury according to ancient etc. custom of the country, (fn. 13) and has petitioned the pope to commit the cause or causes of such appeal or appeals, together with the principal matter, to be heard and terminated in those parts. The pope therefore orders the above three to summon the said molestors and others concerned, hear and decide the causes of the said appeal or appeals lodged at the said see, together with the said principal matter, and any other causes touching the said John Bothe and molestors and any others in the matter of the wardenship or mastership, disregarding the said appeal to the said court of Canterbury and any other appeal lodged or to be lodged, (fn. 14) causing their decision to be observed by ecclesiastical censure, etc. Humilibus supplicum votis. (M. Ferrarii. | xv. Callio. P. de Legendorff.) [In the margin: Septembris. 2 pp.]
7 Id. Sept.
(7 Sept.)
S. Maria Maggiore,
Rome.
(f. 212.)		 Indult to have a portable altar for John Chaumbirlayn', priest, of the diocese of Canterbury. Registered briefly: ’Altare portatile in forma pro Johanne Chaumbirlayn’ presbytero Cantuariensis diocesis, sub data Rome apud Sanctum Mariam Maiorem … secundo.’ (M. Ferrarii. | x. Callio. A. Lumpe.) [In the margin: Septembris.]
15 Kal. Jan.
(18 Dec.)
St. Peter's, Rome.
(f. 283.)		 Indult to have a portable altar for Hugh Sugar, doctor of laws, priest, of the diocese of Bath and Wells. Registered briefly, as in the preceding. (M. Ferrarii. | x. Ja. de Viterbio. Coronatus.) [In the margin: Decembris.]
1456.
Kal. Nov.
(1 Nov.)
St. Peter's, Rome.
(f. 291d.)		 To Thomas Eggecombe, rector of St. Mary's, Lamehich (rectius Lamehith), in the diocese of Winchester, bachelor of laws. Dispensation to receive and retain for life with the said church, value not exceeding 30l. sterling, any one other benefice, or if he resign that church any two other benefices, with cure or otherwise incompatible, even if dignities etc., even if major or principal dignities, or one of each, and even if two parish churches or their perpetual vicarages etc., and to resign them, simply or for exchange, as often as he pleases, etc. Litterarum etc. (Jo. Baptista. | l. Ja. de Viterbio. A. Lumpe. Jo. de Cremonensibus.) [In the margin: Octobris. 1¾ pp.]
12 Kal. Dec.
(20 Nov.)
St. Peter's, Rome.
(f. 292d.)		 To Thomas Geffray, [perpetual] vicar de Magfeldi, of the immediate jurisdiction of Christchurch, Canterbury, (fn. 15) bachelor in laws. The like, mutatis mutandis, e.g. the value of the vicarage does not exceed 40 marks sterling. Litterarum etc. (Jo. Baptista. | l. Ja. de Viterbio. A. Lumpe. A. Trapezuncius.) [In the margin: Novembris.]
Id. Nov.
(13 Nov.)
St. Peter's, Rome.
(f. 294.)		 To John Danvers, rector of Bisshoppesbourne in the diocese of Canterbury, doctor of decrees. Dispensation to receive and retain for life with the church of Biss[h]oppesbourne, value not exceeding 50l. sterling, any one other benefice, or, if he resign that church any two other benefices, with or without cure, incompatible with one another, even if two parish churches or their perpetual vicarages, or major or principal dignities, or one of each, and to resign them, simply or for exchange, as often as he pleases. Litterarum etc. (M. Ferrarii. | l. Ja. de Viterbio. Jo. de Cremonensibus.) [In the margin: Novembris. 1¼ pp.]
3 Id. Nov.
(11 Nov.)
St. Peter's, Rome.
(f. 294d.)		 To the abbot of Rufford in the diocese of York, the precentor of Lincoln and John Marschalle, a canon of York. Mandate, as below. The recent petition of Thomas Palmer, priest, of the diocese of York, and Elizabeth Nevelle, wife of Thomas Nevelle, esquire (armigeri), of the said diocese, executors of the will of the late Margery (Margerie) Babyngton, relict of the then late William Babyngton, knight, of the said diocese, contained that although the said Margaret (Margarita) appointed the said Thomas and Elizabet[h] as her executors, and although they, undertaking the said executorship, exhibited after the death of the said Margery (Margerie) the will before William Malster, licentiate in decrees and commissary of William archbishop of York, and petitioned for probate thereof, and for the commission to them of the administration, and although there was no canonical obstacle to their having such probate and insinuation and administration, yet the said commissary refused the same, etc. (fn. 16) , and he and the said archbishop William, at the instance of John Leycestyr, [perpetual] vicar of Basseford in the said diocese, and certain others, who alleged that the said Margery (Margeriam) had made a later will, have refused to administer justice to the said Thomas and Elizabet[h], on account of which and of other grievances, by the said commissary and archbishop, contained in a certain public instrument, they have appealed to the apostolic see, and have petitioned the pope to commit for hearing in those parts the cause and causes of such appeal or appeals, and of the principal matter. The pope therefore orders the above three to summon the said commissary William and John Leycesteyr and others concerned, [hear] what is brought forward on both sides, and decide what is just, without appeal, causing their decision to be observed by ecclesiastical censure. Humilibus supplicum votis. (M. Ferrarii. | xvi. Ja. de Viterbio. Jo. de Cremonensibus.) [In the margin:Novembris. 1¾ pp.]

Footnotes

1 On the back of the volume is the usual modern label, with ‘Calix. iii. Secret. L. v. A. i. ii. Tom. xxiii.’ Inside it is the usual front half of the original sheepskin binding, with ‘Liber 2us sanctissimi domini nostri domini Calisti pape iii. de anno secundo’ and ‘M. Ferrarii,’ and several unimportant more or less contemporary notes. Another flyleaf has the usual 17th century description (from which the above label is taken), viz. ‘Calixti iii., Secret. Lib. v. Anno i. ii. Tom. xxiii.’ The ‘Lib. v.’ here, and therefore on the label, is evidently due to a misreading of the very faint ‘Liber 2us’ of the original sheepskin binding. The ‘Rubricelle,’ of which there are 16½ pp., are headed ‘Rubricelle secundi libri de Curia [sic] de anno 2o (the words ‘de anno 2o ’ are added above the line, and are partly erased) sanctissimi domini nostri domini Calisti divina providentia pape tercii, incepti (apparently corrected from incepte) de mense Augusti anno secundo (these two words are cancelled) mcccclvio.’ There are ff. i. to cccxi, of text, and at the end of f. cccxid. is the usual ‘Gaspar Blondus.’
2 i.e. the usual subscription in the margin is wanting.
3 ac pro uno magistro informatore.
4 unumque subinformatorem in grammatica seu hostiarium in collegio huiusmodi addiderat.
5 magister informator in grammatica.
6 The ‘Tercio’ is added in the margin by ‘M. Jornet.’
7 On f. 58r. is a briefly registered indult to have a portable altar (Altare portatile in forma) addressed to Richard Byllyon, nobleman, lord of the place of Treuerde, and his present wife, noblewoman, dated at St. Peter's, Rome, 1456, 10 Kal. Oct. anno 2. Their diocese is thus not mentioned. The name ‘Byllyon’ is apparently Irish, cf. Thomas Bilian (alias Byllyan) in Cal. Papal Lett, viii., p. 605; ix., p. 359.
8 In the ‘Rubricelle’ at the beginning of the volume the above dispensation is briefly summarised as ‘Johanni Heinrici de Argentina ordinis minorum professori dispensatur ad beneficia obtinenda, fo. lxxvii.’ So that an examination of the ‘Rubricelle’ alone would be an unreliable, or at least an insufficient guide to the nature of the contents of the volume.
9 seu annuale servitium vel stipendium.
10 quod olim prebenda de Godringhull alias Wodforde sive Trykhyll aut Briam ecclesie collegiate sancti Petri de [Westbury] Wigorniensis diocesis …
11 i.e. the usual subscription in the margin is wanting.
12 Also written ‘Robertus.’
13 Thomas Boleyn … clerici asserti provincie Cantuarien. deputationi de dicto Johanne Bothe in rectorem sive magistrum huiusmodi ulterius pacifice et quiete gerere et exercere valeret multipliciter molestare et perturbare, ipsumque ab illis in quantum in eis est destitui et privari facere presumpserunt prout adhuc presumunt per omnia minus juste, a quibusquidem impedimentis molestationibus perturbationibus presumptionibus idem Johannes Bothe, sentiens ex illis indebite se gravari, ad sedem apostolicam directe et Tuytorie (i.e. ‘tuitorie’) ad curiam Cantuariensem iuxta antiquam et approbatam et hactenus pacifice observatam consuetudinem patrie provocavit et appellavit. … The text is evidently defective.
14 quatenus vos vel duo aut unus vestrum … appellationis seu appellationum ad sedem predictam interpositarum huiusmodi, unacum dicto principali negotio, et alias quasvis ipsum Johannem Bothe et dictos molestatores superius nominatos ac alios quoscunque premissorum occasione et ratione custodie seu magistratus huiusmodi contingentes causas cum suis emergentibus incidentibus dependentibus et co[n]nexis audiatis (the word ‘audiatis’ is apparently redundant), et dicta ad prefatam curiam Cantuariensem ac alia quavis appellatione seu querella [sic] forsan in eadem curia interposita seu interponenda remotis audiatis et fine debito decidatis, …
15 The address had ‘Norwicen. dioc.’ This is cancelled, and in the margin is substituted ‘jurisdiccionis inmediate [sic] ecclesie Christi Cantuarien.,’ which is subscribed ‘Correctum de mandato sanctissimi domini nostri pape, M. Jornet.’ The dispensation is registered briefly, with ‘Calistus etc.’ address and ‘salutem etc. Litterarum sciencia, vite ac morum honestas aliaque laudabilia probitatis et virtutum merita etc. Similis de verbo ad verbum ut in proxima, excepto quod fructus etc. vicarie parrochialis ecclesie de Magfeldi quadraginta marcharum sterlingorum secundum communem estimacionem etc., sub data Rome. … anno secundo.’
16 peticio continebat quod licet … testamentum inter alia coram dilecto filio Wilhelmo … post ipsius Margerie exhibuissent, illudque iuxta dicti regni consuetudines approbari [et] insinuari ac administracionem bonorum hereditariorum dicte Margerie sibi co[m]mitti peciissent, nichilque dictis Thome et Elizabet obstaret de canonicis institutis quominus ipsi approbacionem et insinuacionem testamenti et bonorum [administracionis] co[m]missionem huiusmodi obtinere deberent, tamen co[m]missarius antedictus cui de premissis sufficienter constabat idem testamentum, congruis super hoc loco et tempore requisitus, approbare et insinuare sive bonorum administracionem Thome et Elizabet executoribus huiusmodi co[m]mittere ceteraque peragere que suo in ea parte incumbebant officio iniuste distulit et contra iusticiam recusavit …