Vatican Regesta 459
1457

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Institute of Historical Research

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J. A. Twemlow (editor)

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1921

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123-140

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'Vatican Regesta 459: 1457', Calendar of Papal Registers Relating to Great Britain and Ireland, Volume 11: 1455-1464 (1921), pp. 123-140. URL: http://british-history.ac.uk/report.aspx?compid=103676 Date accessed: 30 October 2014.


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Vatican Regesta, Vol. CCCCLIX. (fn. 2)

Secrete.

2 Calixtus III.

1456[–7].
Prid. Kal. Feb.
(31 Jan.)
St. Peter's, Rome.
(f. 24.)
To John Fyssher, rector of Merston Trussell’ in the diocese of Lincoln, bachelor of decrees. Dispensation to receive and retain for life with the said church, value not exceeding 20 marks sterling; any one other benefice, or if he resign that church any two other benefices, with cure or otherwise incompatible, or two dignities (fn. 3) etc., even if major or principal dignities, or such mixed, even if two parish churches or their perpetual vicarages, and to resign them, simply or for exchange, as often as he pleases. Litterarum etc. (— (fn. 4) | l. A. de Hirspaco. Jo. de Cichinis. P. de Spinosis.) [In the margin: Januarii. 1½ pp.]
1456[–7].
8 Kal. Feb.
(25 Jan.)
St. Peter's, Rome.
(f. 39d.)
To Richard Donyngton, rector of Solihull’ in the diocese of Coventry and Lichfield. Dispensation to receive and retain for life with the said church, value not exceeding 20l. sterling, any one benefice with cure or otherwise incompatible, or without that church any two benefices with cure and (et) incompatible, even if (etiam si) dignities etc., and if major or principal dignities, or two parish churches or their perpetual vicarages, or chantries or hospitals, or other benefices mixed, and to resign them etc., as in the preceding. Vite etc. (M. Ferrarii. | xxxxv. A. de Hirspaco [written below ‘Ja. de Viterbio,’ which is cancelled]. Fabricius.) [In the margin: Januarii. [1¾ pp.]
Ibid.
(f. 40d.)
The like for Thomas Caas, rector of St. John Baptist's, Gloucester, in the diocese of Worcester, bachelor in laws, mutatis mutandis, e.g. the value of the said church does not exceed 12l. sterling (cf. below, f. 304). Registered briefly: ‘Similis dispensacio de verbo ad verbum pro Thoma Caas rectore parrochialis ecclesie Sancti Johannis Baptiste Gloucestrie Vigorniensis diocesis in legibus bacallario, excepto quod valor dicte ecclesie est xiim. librarum sterlingorum, et est sub dicta data apud Sanctum Petrum anno etc. mcccclvio. octavo Kal. Februarii pontificatus nostri anno secundo.’ (M. Ferrarii. | xxxxv. A. de Hirspaco. Coronatus.) [In the margin: Januarii.]
Ibid.
(f. 58.)
To the archdeacons of the church of Sodor and Argyll in the church of Lismore, and the official of Sodor. Mandate to cause John Macgilleoyn, clerk, of [the diocese of] Sodor—who is of noble birth, many of whose ancestors of both sexes have been buried in the Benedictine monastery of Iona (Sancti Columbe in Insula) in the said diocese (fn. 5) , and who was lately dispensed by papal authority on account of illegitimacy as the son of a priest and an unmarried woman, nobles, to be promoted to all even holy orders and hold a benefice even with cure—to be received as a monk of the said monastery, and receive his profession; notwithstanding that a privilege was lately granted to the abbot by which it is provided that no one of noble birth shall be received as a monk thereof [see Cal. Papal Lett. IX, p. 407] etc. Cupientibus vitam. (Ja. Lucen. | xx. A. de Hirspaco. Constantinus. Jo. de Cremonensibus.) [In the margin: Januarii. 1⅓ pp.]
Ibid.
(f. 59.)
Grant of the office of notary public to Nicholas Colliis (or Collys), clerk, of the diocese of Lincoln. Registered briefly: ’Officium tabellionatus in forma pro Nicolao Colliis (or Collys) clerico Lincolniensis diocesis, sub data Rome apud Sanctum Petrum anno etc. millesimo quadringentesimo quinquagesimo sexto, octavo Kal. Februarii pontificatus nostri anno secundo.’ (M. Ferrarii. | xvi. A. de Hirspaco. A. Lumpe.) [In the margin: Januarii.]
1456[–7].
Prid.Non. Feb.
(4 Feb.)
St. Peter's, Rome.
(f. 65d.)
To Richard Kyghley, perpetual vicar of Mythford in Northumberland (in Nortumbria) in the diocese of Durham. Dispensation to him, who is of noble birth, to receive and retain for life with the said vicarage, value not exceeding 10l. sterling, any one other benefice with cure or otherwise incompatible, even if a parish church or its perpetual vicarage, or without that church any two benefices with cure or otherwise incompatible, even if dignities etc., even major or principal dignities, or parish churches or their perpetual vicarages, or such mixed, and to resign them, simply or for exchange, as often as he pleases. Nobilitas generis, vite etc. (Ja. Lucen. | l. A. de Hirspaco. Jo. de Cichinis.) [In the margin: Januarii. 1⅓ pp.]
1456[–7].
3 Id. Feb.
(11 Feb.)
St. Peter's, Rome.
(f. 66d.)
To William Horne, perpetual vicar of Lenham in the diocese of Canterbury. Dispensation as above, f. 39d. to Richard Donyngton, mutatis mutandis, e.g. the yearly value of Lenham does not exceed 40 marks sterling. Registered briefly, with ‘Calistus etc.,’ address and ‘salutem etc. Vite ac morum honestas etc., ut supra eodem libro folio xxxviiiio , ut in dispensacione pro Ricardo Donyngton, excepto quod valor vicarie est quadraginta marcharum sterlingorum, sub data Rome apud Sanctum Petrumanno secundo.’ (M. Ferrarii. | xxxxv. A. de Hirspaco. Pe. de Bonitate.) [In the margin: Februarii.]
Ibid.
(f. 67.)
To Thomas Copleston', rector of Chaggeford in the diocese of Exeter, M.A. Dispensation, at his recent petition (containing that after he, then a scholar, had been dispensed by papal authority, on account of illegitimacy as the son of unmarried parents, to be promoted to all even holy orders and hold a benefice even with cure, and afterwards, then a clerk and in about his twenty-first year, to receive and retain, after attaining his twenty-third year, any benefices with and without cure, of any number and kind, compatible with one another [and] with the said benefice, even if canonries and prebends etc., and to resign them, simply or for exchange, as often as he pleased, after which dispensation he obtained the above rectory and a canonry and prebend of the [collegiate] church of Holy Cross, Crediton (Creditonie), in the diocese of Exeter, which he, who is a priest, at present holds, and the value of both of which does not exceed 66l. sterling) to receive and retain for life with the said church any one other benefice, or, if he resign that church, any two benefices, with cure or otherwise incompatible, etc., as above, f. 39d., mutatis mutandis. Litterarum etc. (M. Ferrarii. | l. A. de Hirspaco. Coronatus.) [In the margin: Februarii. 21/5 pp.]
Ibid.
(f. 68.)
To Hugh Sugar, a canon of Wells, doctor of laws. Grant and indult to him, who is chancellor of the bishop of Bath and Wells, to rent, let or give and grant to farm or yearly pension to any persons, even laymen, the fruits etc. of his canonry and prebend of Wells and of the parish churches of Lympleshyn (sic) and Brene in the diocese of Bath and Wells, and of his other benefices; and in the university of Oxford and in any other place where there is an university, or in any other convenient place, publicly to lecture in the laws and civil law, study and dispute therein, and exercise other scholastic acts in the said laws, (fn. 6) notwithstanding that he is a priest and holds the said churches etc.; and also to choose a fit priest, secular or religious, as his confessor, who may during his life and as often as opportune, grant him absolution in respect of the sins which he shall confess to him, except in cases reserved to the apostolic see, and enjoin penance, and may commute his vows of pilgrimage and abstinence, except only vows of pilgrimage to the Holy Land and to the shrines of SS. Peter and Paul [Rome] and St. James [Compostela]. (fn. 7) Litterarum etc. (M. Ferrarii | xxxv. A. de Hirspaco. Jo. de Vulterris.) [In the margin:Februarii. 12/3 pp.]
1456[–7].
Prid. Kal. Feb.
(31 Jan.)
St. Peter's, Rome.
(f. 75.)
To William Ardrim, a brother of the order or hospital of Burton Lazars, of the order of the Cruciferi, in the diocese of Lincoln. (fn. 8) Dispensation to receive and retain for life any benefice with or without cure wont to be held by the brethren of the said order, even if a chantry, chaplaincy or a parish church or its perpetual vicarage, or be of lay patronage and have cure, and to resign it, simply or for exchange, as often as he pleases. Religionis zelus, vite etc. (M. Ferrarii. | xxiiii. A. de Hirspaco. Jo. de Vulterris.) [In the margin: Januarii. ¾ p.]
1456[–7].
Ibid.
To William Islep, a Benedictine monk of the diocese of Ely. The like. Registered briefly, with ‘Calistus etc.’ address and ‘salutem etc. Religionisprosequamur [i.e. the same proem as in the preceding]. Hinc est quod nos volentes te premissorum meritorum tuorum intuitu favore prosequi gracioso, tuis in hac parte supplicacionibus inclinati, tecum ut quodcumque beneficium ecclesiasticum cum cura vel sine cura per regulares dicti ordinis teneri consuetum etc. ut in alia sub eadem data et pont(ificatu). i.e. as in the foregoing letter, which immediately precedes in the Register. (M. … Januarii, as in the preceding.)
1456[–7].
16 Kal. March.
(14 Feb.)
St. Peter's, Rome.
(f. 104d.)
To Joan Goldesburghe, a nun of the Benedictine monastery of Nun Munketon, (fn. 9) in the diocese of York. Dispensation to her, who has secretly (clam) lost the flower of virginity and has not yet been publicly defamed, and is otherwise greatly commended for the zeal of her religion, the honesty of her life etc., to receive and retain etc. any dignities, administrations or offices wont to be governed by nuns of her order, even if abbatial dignities, provostships or personatus or conventual priorships or claustral offices, even if elective and with cure. The pope's will is that she shall in future lead a chaste life: if not, the said dispensation shall not avail. Precellens auctoritas. (M. Ferrarii. | xx. A. de Hirspaco. A. Lumpe.) [In the margin: Januarii. 1 p. See Cal. Papal Lett. X, p. 471.]
1456[–7].
15 Kal. March.
(15 Feb.)
St. Peter's, Rome.
(f. 137.)
Indult to have a portable altar for John Lax, doctor of laws, a papal secretary. Registered briefly. ‘Calistus etc. Altare portatile in forma pro magistro Johanne Lax legum doctore ac apostolico secretario, sub data Romeanno secundo.’ (M. Ferrarii. | [no fee etc.]. A. de Veneriis.)
1456[–7].
4 Kal. March.
(26 Feb.)
St. Peter's, Rome.
(f. 139d.)
To William Blas, provost of the chapel of St. Elizabet[h] in the diocese of Winchester, B.A. Dispensation to him, who holds the provostship of the said chapel (in which are a provost, six chaplains, three deacons and three subdeacons, and certain others, and the fruits etc. of which do not exceed 120l. sterling) to receive and retain for life with the said provostship, which is incompatible, any one other benefice with cure or otherwise incompatible, even if a parish church or its perpetual vicarage, or a canonry and prebend, dignity etc., or if he resign them, any two other benefices with cure or otherwise incompatible, even if two dignities etc., even major or principal dignities, or such mixed, even if two parish churches or their perpetual vicarages, etc., and to resign them, simply or for exchange, as often as he pleases. Litterarum etc. (M. Ferrarii. | l. A. de Hirspaco. Jo. de Vulterris.) [In the margin: Februarii. 1½ pp.]
1456[–7].
6 Id. Jan.
(8 Jan.)
St. Peter's, Rome.
(f. 149.)
To John Harecourt, clerk, of Exeter. Dispensation, at his recent petition (containing that after he had been dispensed by papal authority, on account of illegitimacy as the son of an unmarried nobleman and an unmarried woman, to be promoted to all even holy orders and hold a benefice even with cure …), so that he, who is in about his twentieth year and is of noble birth, may receive and retain with the aforesaid benefices forthwith (exnunc) any benefices without cure, of any number and kind, and, after he is of the lawful age any benefices with cure, of any number and kind, compatible with one another and with the aforesaid benefice, even if canonries and prebends, dignities etc., even major or principal dignities (fn. 10) , and may resign them all, simply or for exchange, as often as he pleases. Nobilitas generis, vite etc. (M. Ferrarii. | xx. A. de Hirspaco. P. de Legendorff.) [In the margin: Februarii. 1 p.]
Ibid. To the same. Dispensation to him (who is in about his twentieth year and is of noble birth, and was lately dispensed by papal authority, on account of illegitimacy as the son of an unmarried nobleman and an unmarried woman to be promoted to all even holy orders and hold a benefice even with cure, and has been dispensed this day to receive and retain etc. as in the preceding) so that, after he is of the lawful age, he may receive and retain for life any two benefices with cure or otherwise incompatible with one another, even if dignities etc., even major or principal dignities, and may resign them, simply or for exchange, as often as he pleases, and receive and retain for life instead two other incompatible benefices, provided that they be not two parish churches or their perpetual vicarages, or such mixed. Nobilitas etc. (M. Ferrarii. | xxx. A. de Hirspaco. P. de Legendorff.) [1¾ pp.]
1456[–7].
6 Kal. March.
(24 Feb.)
St. Peter's, Rome.
(f. 156d.)
To all prelates, princes and others of Christ's faithful to whom the present letters shall come. Requesting a safe conduct for Master John Lax, doctor of laws, a secretary of the pope and nuncio of the apostolic see, who has to go to divers parts of the world on business of the Roman church and the catholic faith and of the pope; to the number of ten [persons]. Cum dilectus filius. (M. Ferrarii. | S. de Spada. In the right-hand margin is ‘Sine taxa.’) [¼ p. Registered briefly. See above, p. 115.]
1456.
(fn. 11) 4 Id. Dec.
(10 Dec.)
St. Peter's, Rome.
(f. 157.)
To the archbishop of York. Mandate, as below. The recent petition of Henry king of England contained that a dispute arose lately between abbot John and the convent of St. Mary's without the walls of York, O.S.B., and Richard Haukesworth, vicar of St. Laurence's in the suburb of York, because the said abbot John and convent alleged that all the tithes and oblations arising within the bounds of the parish church of St. Mary, and of the chapels of the places of St. Olave and Fulford (sancti Olavi et Fulfordi) without the said walls, and especially [within the bounds] of the place called Grenedykes situate within the bounds and places of the said church and chapels, belonged to the said monastery, whereas the said Richard alleged that the said place of Grenedikes was situate within the bounds of his said parish church of St. Laurence, and that the tithes and oblations arising from that place belonged to him; that the cause, having been introduced to the Roman court by the appeal of abbot John and the convent, was committed by the present pope to Robert bishop of Durham and two others [see below, Reg. Lat. CCCCXCVIII, f. 6d.]; that the said bishop promulgated sentence of excommunication against Richard, and proceeded in the cause short of a conclusion; that Richard, fearing further undue molestation on the part of the said bishop, had recourse to Richard Toone, official of York (in accordance with ancient custom by which to the said official belongs the protection and defence of all appellants to the apostolic see as against the judges from whom appeal has been made); that the said official inhibited the said bishop or his said colleagues to proceed further in the cause, and promulgated sentence of excommunication, for certain reasons then expressed, against a certain monk of the monastery, and absolved the said Richard from the above sentence; after all which the said abbot John and convent appealed to the pope and the said see, and the pope committed the cause of the appeal and that of the principal matter (notwithstanding that he had committed to William [now] bishop of Oloron, then as now (fn. 12) holding the place of an auditor of the apostolic palace, the said vicar's appeal from divers grievances) to Master Peter de Valle, a papal chaplain and auditor of the said palace, with power to inhibit the said official, etc., (fn. 13) who is likewise said to have proceeded short of a conclusion. At the petition of the said king, who desires the said causes to be brought to an end, the pope, seeing that the merits thereof can be more conveniently made clear in England (in partibus) than in the said court, calls up to himself all causes in the matter, wheresoever pending, and orders the above archbishop to resume them, hear them further, summarily and simply etc., (fn. 14) and decide them in accordance with the laudable customs of the said realm and otherwise as shall be just, causing his decision to be observed by ecclesiastical censure etc., notwithstanding etc. Provida sedis apostolice benignitas. (M. Ferrarii. | xxxx. A. de Hirspaco. S. de Spada.) [2½ pp. See also below, Reg. Vat. CCCCLXI, f. 260, CCCCLXXII, f. 55.]
5 Kal. Dec.
(27 Nov.)
St. Peter's, Rome.
(f. 190d.)
To Robert Mason, archdeacon of Northumberland (Northumbrie) in the church of Durham, doctor of laws. Dispensation to him (whom the pope lately dispensed to receive and retain for life with the said archdeaconry any other benefice, or without the archdeaconry any two benefices, with cure [or otherwise] incompatible with one another, even if dignities etc., even major or principal dignities or two parish churches or their perpetual vicarages or hospitals, or such mixed, (fn. 15) etc., and to resign them, simply or for exchange, as often as he pleased), to receive and retain for life with the said two incompatible benefices, or with any others which he holds or shall hold in virtue of the said dispensation, any other third benefice with cure and incompatible therewith, even if a canonry and prebend or a dignity etc., even a major or principal dignity, etc., and to resign all, simply or for exchange, as often as he pleases, and hold instead three other incompatible benefices, even if two of them be parish churches or their perpetual vicarages, or the three be dignities, major or principal etc., or such mixed, provided that he do not retain together three parish churches or their perpetual vicarages. Litterarum etc. (— (fn. 16) . | l. Ja. de Viterbio. Jo. de Cremonensibus.) [In the margin: Novembris. 1½ pp.]
1456[–7].
5 Kal. March.
(25 Feb.)
St. Peter's, Rome.
(f. 217.)
Indult to have a portable altar, for Roland Vause, lord of the place of Tredesnam in the diocese of Carlisle, and Joan his wife. Registered briefly: ‘Calistus etc. Altare portatile in forma, pro nobili viro Rolandoet Joanna eius uxore, sub data Romeanno secundo.’ (M. Ferrarii. | xii. A. de Hirspaco. A. de Veneriis.) [In the margin: Februarii.]
Ibid.
(f. 217d.)
The like for John Howekysworth, lord of the place of Howekysworth, and Joan his wife, of the diocese of York. (This and the following three indults are registered briefly, thus ‘Simile pro nobili viro Johanneet Johanna eius uxore Eboracensis diocesis sub dicta data.’) (M. FerrariiFebruarii.), as in the preceding.
1456[–7].
Ibid.
The like for John Tunstal, lord of the place of Fletburg in the same diocese, and Catherine his wife. (M. FerrariiFebruarii), as in the preceding.
Ibid. The like for Katherine Ursewyke, lady of divers places in the same diocese. (M. Ferrarii. | x. A. de Hirspaco. A. de Veneriis.) [In the margin: Februarii.]
Ibid. The like for Alice Nevyle, lady of divers places in the same diocese. (M. Ferrarii. Veneriis, as in the preceding.) [In the margin: Februarii.]
1456[–7].
3 Id. Feb.
(11 Feb.)
St. Peter's, Rome.
(f. 237.)
Confirmation, at the recent petition of John Lound, master or warden of the poor hospital of Kepyer in the diocese of Durham, bachelor of canon and civil law, of the following appropriation thereto, made, with consent of the prior and chapter, by Robert bishop of Durham; with exemplification, as follows, of the letters of the said bishop, sealed with his seal and with the seal of the said prior and chapter, which letters the pope has caused to be diligently inspected:—
(a) Ex pastoralis officii debito of Robert bishop of Durham, sealed with his seal and dated in his manor of Aukland on 5 June, A.D. 1443, the 6th year of his translation, containing that upon its being recently set forth to him by Master John Lound, bachelor of canon and civil law, master or warden of the hospital of Kepier, in the bishop's gift and diocese, that although the said hospital of Kepyer was for a long time after its foundation sufficiently endowed for the maintenance of a master or warden and other inmates, its fruits etc. are now so slender that its resources are not sufficient for the said maintenance, the building and repair of its houses and the keeping of the hospitality for which it was chiefly founded etc., especially because it is situate near the city of Durham and the high way, and is much burdened with the daily resort and reception of guests, the poor and the needy, and that the said hospital is, on account of the said and other lawful causes, so heavily burdened and so notoriously indigent, especially on account of the withdrawal and detention of the cartloads (?) of corn which it ought, by custom and right, to receive from each carucate of land in the bishop's demesne, in his bishopric and diocese, from his tenants, (fn. 17) that the union and appropriation of the parish church of St. Nicholas, Durham, in the bishop's gift, to the church and house of St. Giles de Kepyer and its master or warden and brethren would be rightly deemed to be in keeping with right and piety, wherefore, at the petition of the said master or warden, the said bishop, having deliberated on the matter with the prior and chapter of Durham, etc., with counsel and consent of the said prior and chapter etc., has united and appropriated and does hereby unite and appropriate the said church of St. Nicholas to the church [and] house of the said hospital and to the master or warden or brethren thereof, and their successors for ever, so that the master or warden may, on the cession, death, resignation or removal of the present rector of St. Nicholas's, take possession and retain it to their own uses. Moreover, in order that the matter of the said union etc. may not be unduly prolonged etc., the bishop hereby forbids to the present rector faculty to exchange, etc., and wills, inter alia, that the cure of the said church of St. Nicholas shall be duly supported by good and fit ministers, etc.;
(b) the consent of the said prior and chapter of Durham, and the appending of their common seal to the bishop's foregoing letters, dated in their chapter-house, as far as regards the appending of their said seal, on 6 June in the above year.
After the foregoing exemplifications, the pope's letters proceed with ‘Nulli ergo. Si quis autem. incursurum. Datum. i.e. the usual final clauses and the date. ‘Ad perp. rei mem. Ex debito pastoralis officii.’ (M. Ferrarii. | l. A. de Hirspaco. A. de Veneriis.) [In the margin: Januarii. 3 pp. +.]
1456[–7].
4 Kal. Feb.
(29 Jan.)
St. Peter's, Rome.
(f. 238d.)
To Thomas Edmond, rector of Agmondesham in the diocese of Lincoln, M.A. Dispensation to him, who is a chaplain of Thomas archbishop of Canterbury, to receive and retain for life together with the said church, value not exceeding 40l. sterling, any one other benefice, or if he resign the said church, any two other benefices, with cure or otherwise incompatible, etc., as above, f. 39d., mutatis mutandis. Litterarum etc. (M. Ferrarii. | l. A. de Hirspaco. A. de Veneriis.) [In the margin: Januarii. 1⅓ pp.]
1456.
13 Kal. Nov.
S. Maria Maggiore,
Rome.
Confirmation etc., as below. The pope has learned that upon the voidance of the monastery of St. Augustine near Bristol in the diocese of Worcester, Walter Newbury, a [monk] professed thereof, was elected abbot by the convent, consented to the election and got it confirmed by authority of the ordinary, obtained in virtue thereof the rule and administration, and laudably governed for about twentyfive years, but that bishop John, for certain fictitious and false causes, at the instigation, as is said, of certain of the said Walter's enemies, especially of Thomas Sutton, professed of the said monastery, deprived and removed Walter by a sentence, which was null, after which Walter was induced to cede the said rule and administration and, the said monastery being alleged to be void by such deprivation and cession, the said Thomas, under pretext of an election made of him and of a confirmation by the said ordinary authority, both of which were null, has acted for a number of years as abbot, the said Walter meanwhile suffering penury and poverty, and being kept for a long time in prison; that at length, after Walter had been restored to liberty, he reported the foregoing by way of complaint to Thomas archbishop of Canterbury, who, after an examination of the cause, found Walter to have been de facto deprived, and restored him, in virtue of which restoration Walter obtained and at present holds corporal possession of the monastery and abbotship and the said rule and administration; that, upon Thomas's appeal therefrom to the apostolic see, the present pope committed his appeal, and afterwards Walter's appeals from certain grievances inflicted on him by the said Thomas and by others, at Walter's instance, to divers auditors of the apostolic palace in succession, who are said to have proceeded in the said appeal causes to decrees of citation. The pope therefore, considering that the collation of the said monastery and of its rule and administration was reserved to the disposal of him and the apostolic see, that all other disposal of an inferior or inferiors is null and void, and that therefore he can, following in the steps of his predecessors, freely dispose of the said rule and administration, etc., absolves Walter, as far as necessary, from any sentences of excommunication etc. delivered against him on account of the foregoing etc., confirms, ratifies and approves etc. the said election and confirmation of Walter and all other things done etc. in his favour, and their consequences, decrees that the said election, confirmation and restitution and their consequences shall hold good from the dates of all of them as if they had been done by the pope, and orders the bishops of Winchester and Hereford and the abbot of St. Mary's, Glastonbury, O.S.B., if the facts be so and there be no canonical obstacle, to defend abbot Walter, not to allow him to be hindered from being able to enjoy in peace the rule and administration etc. and cause all the fruits etc. to be paid to him, compelling obedience by ecclesiastical censure, deprivation etc., without appeal, and invoking if necessary the aid of the secular arm, etc. Ad fut. rei mem. Hiis que circa restitucionem. (M. Ferrarii. | lxx. A. de Hirspaco. A. de Veneriis.) [In the margin: Februarii. 2 pp.]
1456[–7].
4 Id. March.
(12 March.)
St. Peter's, Rome.
(f. 240.)
To John Bayman, a monk of Gloucest[er] in the diocese of Worcester, O.S.B. Dispensation to receive and retain for life any benefice with or without cure wont to be held by regulars of the said order, even if a chantry or a chaplaincy or a parish church or its perpetual vicarage, and of the patronage of laymen, and to resign it, simply or for exchange, as often as he pleases. Religionis etc. (M. Ferrarii. | xxiiii. A. de Hirspaco. Jo. de Vulterris.) [In the margin: Februarii. 2/3 p.]
Ibid. To William Hamond, an Augustinian canon, of the diocese of Cashel (Cassellen.). The like. Registered briefly: ‘Calistus etc.’ address and ‘salutem etc. Religionis zelus vite ac morum etc. ut in precedenti, necnon ordinis sancti Augustini quem ut asseris expresse professus existis sta[t]utis etc. ut in precedenti. Nulli etc. Si quis etc. Datum ut supra etc.’ (M. Ferrarii. Februarii), as in the preceding.
1456[–7].
13 Kal. March.
(17 Feb.)
St. Peter's, Rome.
(f. 241d.)
To Giles Wytyngton, rector of Dene Magna in the diocese of Hereford, doctor of decrees. Dispensation to him, who is rector of the university of Bologna, is a doctor of decrees (fn. 18) and holds the said church, value not exceeding 40l. sterling, to receive and retain for life with the said church [any one other benefice], or, if he resign that church, any two other benefices with cure or otherwise incompatible, even if dignities etc., even major or principal dignities, even two parish churches or their perpetual vicarages, or such mixed, etc., and to resign them, simply or for exchange, as often as he pleases. Litterarum etc. (M. Ferrarii. | xxxxv. A. de Hirspaco. S. de Spada.) [In the margin: Marcii. 1 p. +.]

1 Calixtus III.

1456[–7].
10 Kal. April.
(23 March.)
St. Peter's, Rome.
(f. 242.)
To Richard Sparkeford, rector of St. Matthew's in Frydaystrete, London. Dispensation to him, who is a priest and a grammar-master, (fn. 19) and all of whose benefices and their values the pope holds to be expressed by these presents, to receive and retain for life with the said church any one other benefice or, if he resign that church, any two benefices with cure or otherwise incompatible, etc., as above, f. 39d., mutatis mutandis. Vite etc. (M. Ferrarii. | xxxxv. A. de Hirspaco. Jo. de Vulterris.) [1½ pp.]

2 Calixtus III.

1456[–7].
3 Id. Feb.
(11 Feb.)
St. Peter's, Rome.
(f. 246d.)
Mandate etc., as below. The pope has learned that a dispute arose lately between the abbot and convent of St. Mary's, Glastonbury, O.S.B., in the diocese of Bath and Wells, of the one part, and the late Roger Wodehele, rector of the parish church of Strete in the said diocese, of the other part, about tithes of windfall wood arising in and from the park of Sherpham and the woods or places of Eststretemore and Weststretemore situate within the bounds of the said parish or the places titheable thereto, etc.; that after the cause had been long ventilated, as well without the Roman court as therein by way of appeal, three definitive sentences in the same sense were promulgated in favour of the said rector and church and against the said abbot and convent and monastery, by which it was pronounced and declared that all the tithes of windfall wood arising in and from the said park of Scherpham and other woods or places had belonged and did belong to the said rector, and that he was to be restored to possession thereof, and that the abbot and convent were to be condemned, in such tithes taken by them or in their name, if they existed, or if not, in the value thereof, and especially in the windfall wood of an acre and a half [belonging] to the said Roger, if it existed, or, if not, in the value thereof, namely 21s., and in the costs of the cause, which restoration and condemnation respectively took place, and the last of which sentences became a res judicata; and that the execution of the said sentences was delayed under pretext of clearing up certain suits and the bounds of the said parish, which were brought forward rather as a device to hinder the execution of the said sentences than for the sake of truth, also because in the matter of the said clearing up of the suits Martin V ordered the prior of Bruton in the said diocese within two months to receive and examine the witnesses, letters and instruments which the abbot and convent should produce, and execute and do other things without prejudice to the res judicata, as is contained more fully in that pope's letters, the tenours of which and of the said sentences the pope has inspected, because, also, the said late Roger was deceived into resigning without the said [Roman] court the said church for purpose of exchange or otherwise. The pope, therefore, considering the services which John Lax, doctor of laws, his secretary and rector of the said church, renders to him daily, etc., being fully informed of the merits of the said causes, and resuming them in the state in which they had remained at the time of the said Roger's renunciation, although in accordance with equity and justice he would have wished the said sentences to be executed, has, nevertheless, at the said rector John's instance, by other letters close and hortatory addressed to the said abbot and convent in form of a breve, exhorted them to come to an amicable agreement with the said John or his lawful proctor. In order, however, to provide that the foregoing shall not through guile remain intercepted and unexecuted, and wishing to indemnify the said church, whose rights have hitherto suffered by the power of its adversaries and the carelessness and neglect of its rectors for the time being, and holding as expressed by these presents the state of the said causes and appeals, commissions and sentences, and the processes which have been made thereupon, the pope hereby orders the archbishop of Canterbury, the bishop of Winchester, Robert Stillington’ archdeacon of Taunton and Richard Wytby canon of Salisbury, (fn. 20) to execute the said sentences. restore the said rector John to the receiving and having of all the tithes of windfall wood arising in and from the said park of Sherpham and woods or places of Eststretemore (fn. 21) within the bounds of the said parish of Strete and to possession of the receiving and having them, and defend him when thus restored, causing him to be answered to for the same, and satisfaction to be made to him in respect of fruits taken of the said tithes and the costs according to the condemnation already made and the taxation thereof to be made (fn. 22) ; compelling obedience by ecclesiastical censure, deprivation of benefices etc., without appeal, and invoking, if necessary, the aid of the secular arm, etc. Moreover, in the matter of the clearing up of the said bounds the pope wills and decrees that legal value shall be given to the writing about the said bounds which was long ago extracted from a certain book, formerly chained and bound in the choir of the said (sic) chapel and afterwards fraudulently removed, and which is contained in the missal - book of the chapel of Walton in the said diocese, on the other side of which a crucifix stood for more than thirty years, as was clear from the tenour thereof, which the pope has likewise diligently inspected, as if [the said writing] were a wonted and authentic document, and wills and orders that in accordance with the tenour thereof the said bounds (which the pope settles as being such) question and suit shall be settled and ended by them, so that for ever in future no matter of dispute can arise between the said parties on account of the foregoing; notwithstanding etc. (fn. 23) Ad fut. rei mem. Consueta sedis apostolice. (M. Ferrarii. | A. de Veneriis. Sine taxa.) [3½ pp.]
1456[–7].
Prid. Kal. Feb.
(31 Jan.)
St. Peter's, Rome.
(f. 301d.)
Confirmation, at the petition of the prior and convent below mentioned, of the appropriation etc. contained in a public instrument, here exemplified:—
In dei nomine, amen. Per hoc presens publicum instrumentum,’ drawn up in the year 1455, indiction 4 (sic), anno 1 Calixtus III, 3 October, in the chapter-house of the priory below mentioned, at the request of Nicholas Hall, prior, and the convent thereof (who produced the below mentioned letters of the below mentioned archbishop William [Booth], sealed with his oblong seal in yellow wax), in the presence of Thomas Hall, William Stelle, literates, and Sir Thomas Silvyer, chaplain, of the diocese of York, and drawn up, at the request of the prior and convent below mentioned, by the deputy of Thomas Chaloner, priest, of the same diocese, notary public by papal authority, and attested by the apposition of the said notary's subscription and his wonted sign [manual]; which instrument itself exemplifies:—
the letters ‘Universis sancte matris ecclesie filiisNoverit universitas vestra,’ of William [Booth], archbishop of York, primate of England and legate of the apostolic see, sealed with his seal (cf. above), and dated in his manor of Strohy (rectius Scroby), 29 Aug. 1455, the 9th. year of his consecration and the 4th. of his translation, setting forth that William Voyklban (rectius Wykwan), (fn. 24) sometime archbishop of York, appropriated in perpetuity, with consent of the dean and chapter of York, to the prior and convent of St. John the Evangelist's, Pontefract, in the diocese of York, the parish church of Silkeston in the same diocese, ordained a perpetual vicarage therein, and assigned a goodly (fn. 25) vicar's portion, as is contained more fully in the letters of the said archbishop William [Wykwan], reserving to himself and his successors power to add to, take from and interpret etc. his said ordinance concerning the assignment of such portion; but that the above archbishop William [Booth] (seeing that, as has been represented to him by the present prior and convent, they are very much burdened by the daily increasing resort of guests, who have to be provided with meat and drink, (fn. 26) that, under pretext of the appropriation of the said church of Silkoston (sic) they are bound to support various and great burdens, to be paid from the fruits etc. of the said church, which fruits etc. have, however, since the said appropriation, greatly diminished, and that therefore the remaining rents etc. of the said monastery, with which the prior and convent were wont to be maintained and bear their many burdens, (fn. 27) have greatly fallen from their wonted value, and that for the aforesaid reasons they have so much fallen into debt (fn. 28) that they will not be able in future to maintain themselves and bear their burdens, nor rid themselves from the said debt, (fn. 29) without the help of the said archbishop, especially in the moderating of the said portion, which since the said appropriation has greatly increased and is now very abundant (fn. 30) ) has, with the consent and assent of the said prior and convent and of Master Robert Thorneton', the present vicar, decreed and does decree, as follows, namely, that in the said church there shall be a perpetual vicar resident in person, who shall be bound to exercise the cure of souls etc., the collation of which vicarage and the institution and destitution of which vicar the archbishop reserves to himself and his successors in perpetuity; that the prior and convent shall from the fruits etc., tithes etc. belonging to the said church and its chapels (all which fruits etc., together with the rectory, shall belong to the prior and convent and their successors) pay to the said Master Robert Thorneton', the present vicar, and his successors, as their entire portion, 20 marks sterling at the four terms of the year, namely on the feasts of Candlemas [St. John Baptist, Michaelmas and Christmas, beginning on the first of the said feasts] next to come after the date of these presents, and so from term to term and from year to year (fn. 31) ; that the prior and convent shall, for this term only, at their own expense construct and build for the said Master Robert Thorneton’ and his successors a befitting new manse hard by the said rectory, and the several houses necessary for the vicar to reside therein, and assign etc. a sufficient etc. plot of ground contiguous to the said manse for the vicars’ gardens; that such manse thus once constructed [by] the said prior and convent, with the said houses, each vicar (fn. 32) shall repair etc. as often as necessary for ever; that in the event of payment of the said pension or part thereof being twenty days in arrear, by neglect etc. of the prior and convent, the fruits etc. of the said church shall be eo ipso sequestrated, under the custody of the archdeacon of York or his official, until payment, with any damages etc., has been made; that the vicar shall find, from his said portion, the bread, wine and wax necessary and accustomed in the said church of Silkeston’ only, and not elsewhere, and that all other burdens incumbent upon the said church and its chapels the prior and convent shall bear for ever; the archbishop hereby annulling all things contained in any arrangement of the said vicarage which are contrary to his present arrangement, etc.
Ad fut. rey mem. Ut ea que pro felici statu religiosorum locorum. (M. Ferrarii. | xxx. A. de Hirspaco. C. de Branis.) [In the margin: Marcii. 4¾ pp.]
1456[–7].
8 Kal. Feb.
(25 Jan.)
St. Peter's, Rome.
(f. 304.)
To Thomas Caas, rector of St. John Baptist's, Gloucester, in the diocese of Worcester, bachelor of laws. Dispensation to receive and retain for life together with the said church, value not exceeding 20l. sterling, any one other benefice with cure or otherwise incompatible, or without that church any two benefices with cure and incompatible with one another, etc. as above, f. 39d., mutatis mutandis. Litterarum etc. (M. Ferrarii. | xxx. [sic]. A. Lumpe. Jo. de Vulterris.) [1½ pp. See above, f. 40d.]

Footnotes

2 On the back of the volume is the usual modern label, with ‘Calix iii. Secret. L. vi. A. i. ii. Tom. xxiv.’ Inside it is the usual front half of the original sheepskin binding, with ‘Liber iii. sanctissimi domini nostri domini Calisti pape iii. anno secundo,’ and below it ‘M. Ferrarii,’ ‘Vidit Phi.,’ and other unimportant contemporary notes. The ‘Rubricelle,’ of which there are 20 pp., are headed ‘Jesus. Secuntur Rubricelle tercii libri anni secundi sanctissimi domini nostri domini Calisti divina providentia pape iii. Fuit inceptus de mense Novembris anno mccclvio., apud M. Ferrarii.’ There are ff. i. to cccv. of text, at the end of which is the usual ‘Gaspar Blondus.’
3 duo alia quecumque beneficia ecclesiastica curata seu alias invicem incompatibilia aut dignitates … The word ‘aut’ is an unusual variant for ‘etiam si,’ as in the next dispensation, f. 39d.
4 i.e. the usual subscription in the margin is omitted.
5 dicte diocesis, hence the insertion of ‘[the diocese of],’ above.
6 quodque leges et jus civile in Oxonien. et quocumque alio loci (sic) ubi studium vigeat generale vel quocumque alio loco ad id convenienti, eciam publice legere audire et in illis disputare, et alios scolasticos actus in eisdem legibus exercere libere et licite valeas.
7 ultramarino [et beatorum] Petri et Pauli ac Sancti Jacobi apostolorum dumtaxat votis exceptis.
8 fratri ordinis sive hospitalis de Burton sancti Lazari ordinis cruciferorum Lincolniensis diocesis.
9 Very obscurely written.
10 Exhibita siquidem nobis pro parte tua peticio continebat quod olim, postquam tecum ut asseris super defectu natalium quem pateris de nobili soluto genitus et soluta ut eo non obstante ad omnes eciam sacros ordines promoveri et beneficium ecclesiasticum eciam si curam haberet animarum obtinere valeres apostolica extitit auctoritate dispensatum, […] Nos volentes te, qui ut eciam asseris in vicesimo vel circa tue etatis anno constitutus et de nobili genere procreatus existis, premissorum meritorum tuorum intuitu favore prosequi gracie pocioris tuis in hac parte supplicacionibus inclinati tecum ut quecumquebeneficiarecipere et cum premisso retinere. Unless the word postquam is redundant, part of the text has dropped out, as indicated by the dots within the brackets. The next following letter favours the former supposition.
11 The ‘Quarto’ is added in the margin by ‘M. Jornet.’
12 etiam tunc.
13 etiam cum potestate cidem officiali inhibendi, necnon per edictum citandi et castigandi ad privationem quoque omnium beneficiorum suorum ecclesiasticorum procedendi et cetera faciendi, eciam instante procuratore fiscali. The last four words are added in the lower margin, with the attestation: ‘Correctum de mandato sanctissimi domini nostri pape, M. Jornet.’
14 causam seu causas huiusmodi in statu debito resumens, illam seu illas ulterius summarie simpliciter et de plano ac sine strepitu et figura fudicii, sola facti veritati (rectius veritate) inspecta, audias.
15 vel alia (rectius talia) mixtim.
16 i.e. the usual subscription in the margin is wanting.
17 presertim propter subtractionem et detencionem tranarum bladi quas de unaquaque carucata terre de dominicis nostris in episcopatu nostr[o] (ñr) et eciam diocesi de tenentibus nostris percipere deberet de consuetudine et eciam de iure.
18 qui ut asseris rector universitatis studii Bononiensis ac decretorum doctor existis
19 qui presbyter es et in gramatica magister.
20 accepto per nos quod dudum inter dilectos filios abbatem et conventum monasterii beate Marie de Glastonia ordinis sancti Benedicti Bathonien. et Wellen. diocesis ex una, et quondam Rogerium Wodehele tunc rectorem parrochialis ecclesie de Strete dicte diocesis de et super decimis silve cedue in et de parco de Sherpham ac silvis sive locis de Eststretemore et Weststretemore infra fines et limites parrochie parrochialis ecclesie predicte seu loca eidem decimabilia constitutis qualitercumque provenientibus, quas idem rector ad se et pro tempore existentes ipsius ecclesie rectores pertinuisse ac spectare et pertinere, ipsosque abbatem et conventum impedivisse et impedire ac fecisse et facere quominus decimas ipsas percipere posset, quin ymo illas occupasse et detinuisse ac occupare et detinere indebite occupatas, seque ad possessionem vel quasi percipiendi et habendi decimas predictas restituendum fore, abbas vero et conventus predicti huiusmodi decimas ad se de jure spectare asserebant, partibus ex altera, materia questionis exorta, et causa huiusmodi tam extra Romanam curiam quam per viam appellationis in eadem diutius ventillata [sic], tandem in ea pro rectore et ecclesia predictis et contenta (rectius ‘contra’) abbatem conventum ac monasterium prefatos tres conformes diffinitive, per quas pronunciatum et declaratum fuit omnes et singulas decimas silve cedue in et de parco de Scherpham ac aliis silvis sive locis tunc express(is) predict(as) qualitercumque promouentes (rectius ‘provenientes’) ac (rectius ‘ad’) rectorem prefatum pertinuisse et pertinere, ipsumque ad illarum possessionem vel quasi restituendum prout restitutus extitit (sic; this is repeated further on) ac dictos abbatem et conventum in decimis huiusmodi per eos et eorum nomine subtractis, si existerent, alioquin in vero valore earundem, et presertim in silva cedue (rectius ‘cedua’) unius acre et dimidie dicto Rogerio, si extaret (? rectius ‘existeret’), alioquin in eius vero valore videlicet xxi. solidis tunc express(is), necnon expensis legitimis in eadem causa factis condempnandos foret (? rectius ‘fore’), prout idem rector restitutus ipsique abbas et conventus condempnati extitere sententie, quarum ultima nulla provocatione suspensa in rem trasierat judicatam, promulgate fuerant, quodque pretextu quorundam litium et confinium ipsius parrochie ut asserebatur liquidandorum machinatione et commento potius ad impediendam sententiarum earundem executionem quam pro veritate facti deductorum, etiam pro quod ac super (?rectius ‘etiam pro eo quod super’) huiusmodi liquidatione litium felicis recordationis Martinus pape v predecessor noster priori monasterii de Bruton dicte diocesis per priorem soliti gubernari inter cetera mandaverat ut testes litteras et instrumenta, que pars earundem [sic] abbatis et conventus super certis articulis duceret producenda, infra duos menses recipere et diligenter examinare curaret, ac alia absque prejudicio rei judicate exequeretur et facere[t], prout in ipsis litteris, quarum necnon sentenciarum huiusmodi veros tenores diligenter inspeximus, plenius continetur, pro eo quoque ut creditur quod quondam dictus Rogerius ipsius ecclesie rector, ad subdolam quorundam subgestionem, huiusmodi ecclesiam ut asseritur ex causa permutationis seu alias extra dictam curiam sponte insignuaverat (rectius ‘resignaverat’) earundem sentenciarum executio fuerat detardata, Nos, qui ecclesiasticorum bonorum et jurium conservationem cunctorumque Christifidelium et potissione nobis ac sedi apostolice obsequentium, nostrisque ac eiusdem sedis continuis obsequiis insistencium pacem et tranquilitatem appetimus, grata nobisque accepta obsequia que dilectus filius Johannes Lax legum doctor ac secretarius noster et ipsius ecclesie rector nobis cotidie impendere non desistit, necnon caritatem et devotionem quibus monasterium ipsum illiusque personas prosequitur paterna diligencia ponderantes, de causarum huiusmodi meritis sufficienter et plenius informati, ac eas in statu quo tempore renunciacionis per dictum Rogerium facte remansera[n]t ressumentes[sic], licet alias sentencias antedictas executioni debite demandari voluissemus prout equitas et justicia suadebant, tamen ad ipsius Johannis rectoris instanciam per alias nostras litteras clausas et exhortatorias in forma brevis ad abbatem et conventum prefati monasterii directas, cum deceat servos dei a litigiorum contencionumque strepitibus abstinere ac rationi et contemplationi vacare, eos hortati sumus ut infra certum competentem terminum tunc expressum super premiss(is) cum eodem Johanne rectore vel procuratore suo legitimo amicabiliter componere vellent, quod nobis gratum acceptumque fuisset. Ne tamen premissa dolo et machinationibus nonnullorum intercepta et inexequuta remaneant providere, ac indemnitati ipsius ecclesie, que hactenus vi et potencia adversariorum necnon rectorum illius qui fuerunt pro tempore in Curia (rectius ‘incuria’) negligenciaque causantibus in suis juribus lesa est, prout vestro (rectius ‘nostro’) incumbit officio, de remedio oportuno prospicere volentes, ac causarum huiusmodi status necnon appellationum commissionum sentenciarumque et processuum desuper habitorum tenores presentibus ex certa scientia pro expressis habentes, venerabilibus fratribus archiepiscopo Cantuariensiac Ricardo Wytby canonico Saresberiensi per apostolica scripta mandamus
21 Weststretemore is not here mentioned.
22 ac de perceptis fructibus decimarum huiusmodi et pecuniarum summis pro expensis juxta condempnationem jam factam, et taxationem per ipsos [auditores? ] ut prefertur faciendam plenam et debitam satisfa[e]tionem impendi.
23 Et nichil omnibus (rectius ‘nichilominus’) super limitibus huiusmodi liquidandis volumus et apostolica auctoritate decernimus quod scripture super ipsis limitibus, que jam dudum de quodam libro in choro dicte (sic) capelle (sic), olim ut asseritur cathenato et ligato ac postea fraudulenter ut accepimus sublato, extracta (sic) fuerat (sic), et in libro missalis capelle de Walton’ dicte diocesis ex alio latere in quo ymago Crucifixi sita extitit per xxx. annos et ultra, prout ex illius tenore quam (sic) etiam diligenter inspeximus evidenter apparuit, posite et contente stari de[be]ant, ac si usitata et auctentica scriptura existeret, et secundum illius tenorem limites predicti (? rectius ‘predictos’) quos tales existere diffinimus questionem et litem predictam per vos dirimi volumus et mandamus ac etiam terminari, ita quod ex nunc inter partes ipsas perpetuis futuris temporibus nulla premissorum occasione possit questionis materia exoriri, non obstantibus
24 i.e. William Wickwane, archbishop of York, 1279–1285, Le Neve, Fasti, ed. Hardy. III. p. 103.
25 non exiguam.
26 quibus mesculentis (rectius ‘in esculentis’) et poculentis oportet necessario provideri.
27 quodque propterea reliqui redditusde quibus iidem prior et conventus sustentari et onera multiplicia eis incumbencia sustinendis (rectius sustinere) solebant
28 in onus non exiguum eris alieniadeo sunt delapsi.
29 neque predicto ere alieno se exuere poterunt.
30 satis habundat hiis diebus.
31 ad quatuor anni terminos videlicet in festis Purificationis beate Marie Virginis [Nativitatis sancti Johannis Baptiste sancti Michaelis Archangeli et Natalis Domini, primo termino solucionis incipiente in primo festo festorum predictorum] proxime futuro post datam presentium, et sic de termino in terminum prenotatis et de anno in annum in perpetuum. The text evidently requires restoration more or less as shown by the square brackets, although the missing feasts may not be exactly those suggested. Cf. above, Reg. Vat. CCCCXLV, f. 183, and CCCCLV, f. 125.
32 Idemque (this paragraph follows immediately upon that which has just ended with the words ‘in perpetuum’) prior et conventus dicto magistro Roberto Thornetonvicario predicto pro inhabitatione sua et suorum successorum unam congruam et competentem mansionem iuxta predictam rectoriam dicte ecclesie, ac domos singulas pro vicario ibidem moraturo neccessarias (sic) et oportunas, hac prima vice tantum de novo construent et hedificabunt, ipsorum prioris et conventus propriis sumptibus et expensis, fundum sufficientem congruum et honestum eidem mansioni contiguum pro gardinis vicariorum inibi rationabiliter ordinandi (sic) et habendi (sic) limitando et assignando, huiusmodique mansionem cum domibus predictis sic ut premittitur [per] predictos priorem et conventum semel constructam singuli vicarii