Lateran Regesta 503
1455

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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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229-236

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'Lateran Regesta 503: 1455', Calendar of Papal Registers Relating to Great Britain and Ireland, Volume 11: 1455-1464 (1921), pp. 229-236. URL: http://british-history.ac.uk/report.aspx?compid=103691 Date accessed: 28 July 2014.


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Lateran Regesta. Vol. DIII. (fn. 1)

1 Calixtus III.

De Diversis Formis.

1455.
7 Kal. Oct.
(25 Sept.)
St. Peter's, Rome.
(f. 1.)
Confirmation, with exemplification, at the petition of the dean and chapter of the church of Westbury in the diocese of Worcester, of the letters ‘In dei nomine amen. Cum nos Johannes,’ containing statutes and ordinances put forth by the said John bishop of Worcester the patron, on the occasion of a visitation of the said collegiate church and college, which letters the pope has caused to be inspected in his chancery; with faculty hereby to the said bishop to correct, reform, declare and interpret the said statutes and ordinances, and to put forth new ones whenever it seems good to him etc. The pope exemplifies the said bishop's ordinances as follows:—
[i] with the assent and consent of the dean, Master William Okevorn’ (rectius Okeborn', which also occurs) and the canons, that each of the canons of the said collegiate church and college, prebendaries of the following prebends, namely, Gadrynghull, Merymouth, the prebend of the late Peter de Leicester (?), the prebend of the late John Berford called [the prebend] of Charletoñ, Hembury and the prebend called ‘Lauerencewest,’ which canons and prebendaries are not bound to reside in person, shall have and receive yearly in the name of his said prebend 40s. only, payable at Lady day by the hands of the treasurer of the said [collegiate] church and college. the bishop's will being that the portions of the said prebends shall in future consist solely of the above sums and the receipt thereof, and that the present prebendaries of the said prebends and all their successors shall be content [therewith], in such wise that neither the said present prebendaries nor their successors shall in any way presume to claim, exact, take or convert to their own uses any fruits, profits or emoluments which they have hitherto been wont to have by reason of their prebends, nor shall any one of them so presume, under pain of sentence of the greater excommunication which the bishop hereby delivers and promulgates, now as thenceforth, and then as henceforth, against him who contravenes his said ordinance and statute, and that the rest of the fruits and profits of the said prebends shall wholly remain and be converted to and for the purpose of the maintenance of the vicars choral, clerks, boys and other ministers of the said collegiate church and college, resident therein, and of the support of the rest of the burdens of the said collegiate church and college (fn. 2) ;
[ii] with the consent and assent of the above Master William Okeborn', that he and every future dean shall receive yearly from the fruits etc. of the said collegiate church and college, for the corpus of his prebend 40s., whether he be resident or not, over and above which said sum of 40s. he shall receive, only and solely in the name of his decanal office, for every entire week of actual residence (fn. 3) 6s. 8d.: if, however, he reside during some days of each week of the year, although not during the whole of it, he shall receive a proportionate amount of the said 6s. 8d., and with the foregoing he shall be satisfied, nor take to himself any more, under pain of ipso facto sentence of the greater excommunication;
[iii] that all tithes, fruits and emoluments of the said church shall in future be converted to the maintenance of the ministers and the other burdens of the said collegiate church and college;
[iv] that there shall be a subdean, in priest's orders, to be nominated by the dean to the bishop or to his vicargeneral, or to the guardian of the spiritualities during voidance of the see, which subdean shall exercise the cure of souls of all the parishioners of the collegiate church and parish of Westbury, the dean, who has hitherto had the said cure of souls, being for the future hereby released therefrom: the said subdean to be bound by oath to personal and continual residence, and to have his stall in the choir of the said collegiate church and college and 10i. sterling [a year] by the hands of the treasurer of the said church and college, payable quarterly, viz. at Christmas, Lady day, St. John Baptist's and Michaelmas;
[v] with assent and consent of the said dean and chapters (sic) that the dean when present shall have the rule of the said collegiate church and college and all the ancient (primevam) jurisdiction which the dean and prebendaries used to have by reason of their prebends, with all the fees and profits of the said jurisdiction, and that in his absence the subdean shall have the said rule and jurisdiction and the exercise of the said jurisdiction, with the emoluments and profits, in such wise however that, in proportion to the time during which he possesses such jurisdiction, he shall be bound to pay a share of the fees and stipends of the official who shall be appointed by the dean for the exercise of the said jurisdiction there (fn. 4) ;
[vi] that every dean, canon and subdean of the said collegiate church and college shall at the time of his admission or appointment take oath to the bishop of Worcester, or other who admits or appoints him, and also at the time of his installation, to observe all the statutes put forth by the said bishop and to be put forth by him during his life;
[vii] that there shall be in the said collegiate church and college a perpetual treasurer in priest's orders, to be nominated and chosen at each voidance by the dean and subdean, and that if they cannot agree upon a person within a month after voidance, it shall be lawful for the bishop or his vicar-general or, during the voidance of the see, the guardian of the spiritualities to do so, which treasurer shall have his stall in the choir of the said collegiate church and voice in the chapter along with the dean and other canons and the subdean of the said collegiate church and college, and shall fill the place of the precentor in the said choir, and shall receive 12 marks sterling a year by the hands of the subdean, payable quarterly, viz. at Christmas, Lady day, St. John Baptist's and Michaelmas;
[viii] that the said treasurer shall keep personal and continual residence, and shall at his installation be bound by the dean, or in his absence by the subdean, to take oath to keep such residence and observe the said bishop's statutes, present and future, as above.
In witness of all which the said bishop John has to these presents set his seal, dated in his manor of Hertilbury on 13 June, 1455, the 12th year of his consecration; and the said dean William Okeborn’ and canons have in witness of their said assent and consent set their common seal, dated in the said college on 22 June in the year aforesaid.
Ad fut. rei mem. Hiis que pro ecclesiarum. (P. and A. de Cortesiis. M. Amici. | P. l. de Varris.) [5½ pp.]
11 Kal. Sept.
(22 Aug.)
St. Peter's, Rome.
(f. 28.)
To the bishop of Cloyne (Clonen.). Mandate to dispense Thomas son of James de Geraldinis earl of Desmond and Elis daughter of William lord of Barry, of the dioceses of Limerick and Cloyne, who are related in the second degree of kindred on the one side and in the third degree of kindred on the other side, and in the third and fourth and in the fourth and fourth degrees of affinity, to marry, in order to assuage and prevent the continuation of enmities, discords, homicides, burnings, depredations and plunderings, and breakings of towns [and] castles on the part of their parents, friends and kinsmen. Oblate nobis. (P. and A. de Cortesiis. | P. xxxx. de Varris.) [1½ pp.]
Id. July.
(15 July.)
St. Peter's, Rome.
(f. 64.)
To the bishop of Worcester and the archdeacon of Gloucester in Worcester. (fn. 5) Mandate, at the recent petition of John Shawe, perpetual vicar of Marschfeld in the diocese of Worcester (containing that he is of very weak health, and is so much overcome by divers infirmities that unless he were to have a change of air he would be in danger of becoming incurable (fn. 6) ) to grant, after inquiry, that he may absent himself for at least three years from his said vicarage for the purpose of recovering his health, without requiring licence of the diocesan and any other, and may during his absence receive all the fruits etc. as if resident, and grant them to farm or yearly pension (fn. 7) to any persons, even laymen: provided that the cure of souls be not neglected, but be exercised by a good and sufficient chaplain, to be maintained from the fruits. Vite etc. (P and A. de Cortesiis. | P. xxv. de Varris.) [1¾ pp.]
4 Kal. Aug.
(29 July.)
St. Peter's, Rome.
(f. 65.)
To the dean of Wells. Mandate, as below. The recent petition of the vicar and all the parishioners of the parish church of St. Mary, Breggewater, in the diocese of Bath [and] Wells, contained that sixty years ago a dispute arose between them and the master, brethren and convent of the hospital of St. John, Breggewater, about certain parochial rights, and that the cause was by appeal of the vicar and parishioners lawfully introduced to the Roman court and there ventilated for some time before a certain auditor of causes of the apostolic palace, who proceeded short of a conclusion; and added that although it is not evident that any sentence, at any rate a manifest sentence, was delivered (fn. 8) and that the vicar and parishioners were excommunicated at the instance of the said master, brethren and convent, nevertheless, inasmuch as there are some who doubt whether the vicar and parishioners were excommunicated at the said instance under pretext of the said suit, and are so still, and whether there were papal letters in the matter of such excommunication, although in those parts there has been no certain knowledge of them and of such sentence of excommunication, the said vicar and parishioners, in order to remove all ambiguity and remove scruples of conscience, desire to be absolved from the said sentence of excommunication, if any such were delivered against them under pretext of the said suit, and desire the suit to be utterly extinguished. At the said petition, alleging that the said master etc. have consented to the said absolution being granted, and to the cause being called up and the suit being extinguished, the pope, hereby calling up the cause to himself, orders the above dean to summon the said master, brethren and convent and others concerned, and if he find the said consent has been given, to extinguish the suit, absolve the vicar and parishioners and all others concerned, simply or ad cautelam, from such sentence of excommunication, if any there be, enjoining penance etc., and in the event of his doing so, to inhibit and person from vexing, perturbing or defaming the vicar and parishioners on account of the said sentence. Humilibus supplicum votis. (P. and A. de Cortesiis. | P. l. de Varris.) [2 pp. +.]
7 Kal. Oct.
(25 Sept.)
St. Peter's, Rome.
(f. 112.)
To Thomas Burton', a Friar Minor, S.T.M. Dispensation to him, to whom the pope intends this day to make provision of the church of Sodor, that, notwithstanding his illegitimacy, as the son of unmarried parents, he may receive and exercise the rule and administration thereof. Multiplicum virtutum dona. (P. and G. de Callio. | P. xxxx. de Varris.) [1 p.]
1455.
6 Non. Oct.
(2 Oct.)
St. Peter's, Rome.
(f. 194.)
To Richard, bishop of Down and Connor. Dispensation, at his recent petition containing that the fruits etc. of his episcopal mensa of the said united churches are so much diminished by wars and other misfortunes that they do not exceed in yearly value 25l. of petits tournois, to receive and retain for life in commendam any benefice wont to be governed by secular clerks, even if it be a parish church or its perpetual vicarage or a hospital, and be of the patronage of laymen and have cure, and to resign it, simply or for exchange, as often as he pleases; with faculty to such collator and patron to make him such commenda and presentation. Personam tuam. (P. and G. Gonne. | P. xxx. de Varris.) [1½ pp. See below, f. 247.]
4 Id. July.
(12 July.)
St. Peter's, Rome.
(f. 217d.)
To Philip Polton, archdeacon of Gloucester in Worcester, bachelor of canon law. Indult to him, who is in his sixtieth year, to visit for three years by deputy the churches etc. in his said archdeaconry, and receive the procurations in ready money. Meritis tue devotionis.
Concurrent mandate to the bishops of Worcester and Salisbury. (fn. 9) Hodie dilecto filio. (P. and G. de Callio. A. de Cortesiis. | P xvi. xiiii. de Varris.) [2½ pp. —.]
8 Id. Sept.
(6 Sept.)
St. Peter's, Rome.
(f. 233d.)
To Richard Purcell, a canon of Limerick. Exemplification, at the instance of the said Richard, who alleges that he needs them for the execution of certain papal letters impetrated by him, of the following two constitutions:—
(1) about the power given by Nicholas V to the vicechancellor or the regent of the chancery, put forth by that pope in the beginning of his pontificate, viz.: ‘Item quod possit signare supplicationes etiam duorum referendariorum manibus signatas de beneficiis ecclesiasticis vacantibus secularibus vel regularibus dispositioni apostolice generaliter non reservatis, quorum cuiuslibet valor centum florenorum auri de camera vel totidem librarum turonensium parvorum seu tantundem in alia moneta secundam communem extimationem non excedat [Ottenthal, Regulæ Cancellariæ Apostolicæ, p. 268, i.e. Regulæ Nic. V, n. 101=Eug. IV, n. 92, with variants.]
(2) put forth by the present pope on 22 April, 1455, viz.:—’Item predictus dominus noster omnes et singulas ab ipso Nicolao predecessore infra annum ante diem obitus eiusdem concessas gracie vel iusticie litteras temporibus debitis eorum executoribus non presentatas, etiam quo ad beneficia que concernebant in quibus videlicet tunc aliis specialiter ius quesitum non erat, omnino revalidavit et in statum pristinum quo videlicet ante fuerant, et eos pro quibus erant obtente quo ad hoc plenarie restituit, ac decrevit per executores predictos vel ab eis subdelegandos perinde ad ipsarum executionem procedi posse et debere, ac si executio huiusmodi temporibus predictis incohata (sic) fuisset [see ibid, pp. 257 (Regul. Nic. V, n. 17) and 251 (Regul. Eug. IV, n. 83)].
Cunctis disponentes fidelibus. (P. and A. de Cortesiis. | P. x. de Varris.) [1¼ pp.]
11 Kal. July.
(21 June.)
St. Peter's, Rome.
(f. 246d.)
Grant, at the recent [petition] of William earl of Arrendelle, of the diocese of Chichester ([containing] that he and his progenitors have built and endowed a hospital called God's house, dedicated to the Holy Trinity in the town of Arrendelle, wherein there dwell a master and several clerks and other ecclesiastical persons) that the present master and the master for the time being may wear an almuce of grey. Ad fut. rei mem. Apostolice sedis circumspecta benignitas. (P. and Jo. de Millinis. | P. xxx. de Varris.) [1 p.]
4 Non. Oct.
(4 Oct.)
St. Peter's, Rome.
(f. 247.)
To Richard, bishop of Down and Connor. Grant, as below. Nicholas V, during the life of the late bishop John, reserved the said united churches to his gift; after which, on their becoming void by the death of the said John, the said pope, believing that they had become void by the death of Thomas, as he had learned, made provision thereof to the above Richard. Seeing that, as bishop Richard's recent petition contained, the said churches became void, not by the death of Thomas, but by the death of John, as above, the pope, lest the letters of pope Nicholas be held surreptitious, hereby grants that the letters of provision and their consequences shall hold good from the date of these presents. Personam tuam. (P. and H. Mascheim [sic] | P. xvi. Decimo Kal. Novembris Anno Primo. de Varris.) [1⅓ pp. See above, f. 194. See also Cal. Papal Lett., X, p. 517.]
12 Kal. Oct.
(20 Sept.)
St. Peter's, Rome.
(f. 250.)
To Haimundus Haydok, rector of Derham in the diocese of Norwich, S.T.B. Grant, as below. Nicholas V dispensed him to hold for life together with the said church any one other benefice, or if he resigned that church any two other benefice, with cure or otherwise incompatible, even if dignities etc. or two parish churches or their perpetual vicarages, and to resign them, simply or for exchange, as often as he pleased, the letters of dispensation not mentioning a canonry and prebend in the free chapel royal of St. Martin-le-Grand, London, and other benefices held or expected by him, nor the said pope holding them as expressed. In order that the said letters may not be held surreptitious, the pope, holding all his benefices and their values and his dispositions to be expressed by these presents, grants that the said letters and dispensation and their consequences shall hold good from the date of these presents, as if the said mention etc. had been made. Litterarum sciencia, vite etc. (O. and A. de Cortesiis. | O. xx. Pridie Kal. Novembris Anno Primo. Pontanus.) [2 pp. +. See ibid., p. 147.]
1455.
12 Kal. May.
(20 April.)
St. Peter's, Rome.
(f. 268.)
To William Stanley, rector of Stokhamond in the diocese of Lincoln. Decree etc., as below. Nicholas V dispensed him, on 5 Kal. Aug. anno 7 [1453] to receive and retain for life with his said rectory of Stoukhamond, value not exceeding 12l. sterling, any one other benefice, or if he resigned the said rectory any two other benefices, with cure or otherwise incompatible, even if parish churches or perpetual vicarages, or dignities etc., and to resign them, simply or for exchange, as often as he pleased. Inasmuch as the said pope died before his letters were drawn up, the pope hereby decrees that [the said letters shall hold good from the said date, and that] these presents shall suffice as proof of the said dispensation. Rationi congruit. (P. and G. Gonne. | P. l. de Varris.) [12/3 pp.]

Footnotes

1 On the back of the volume is the usual modern description in Latin: ‘1455. An. 1. Callixti iii.’ A flyleaf has, in different contemporary hands: ‘Secundus de diversis formis anno primo domini nostri domini Calisti pape iii.’ ‘R(ecipe) Her(manne), P.’ [de Varris], and ‘Rubricatus est per Hermannum Lutkehut.’ On the bottom edge of the volume is the usual contemporary description similar to the above, viz. ‘Secundus de diversis anno primotertii.’ There are ff. i.–cccxiii. of text.
2 quod quilibet de canonicis dicte ecclesie collegiate et collegii de Westbury, prebendariis (sic) prebendarum subscriptis (sic) in eisdem, videlicet de Gadrynghull, de Merymouth, prebende quondam Petri Lycest(us) (?), prebende quondam Johannis Berford de Charletoñ vocat(e), et Hembury, et prebende vocat(e) Lauerencewest, quiquidem canonici et prebendati ad residentiam personalem ibidem faciendam minime sunt astricti, solum et duntaxat annuatim habeat et percipiat nomine prebende sue huiusmodi xl. solidos per manus thesaurarii dicte ecclesie [collegiate] et collegii in festo Annuntiationis beate Marie in eadem ecclesia persolvendos, quibusquidem su[m]mis superius descriptis et perceptione earundem prebendarum memorat(arum) portiones in futurum consistere, prebendariosque earundem prebendarum modernos eorumque successores omnes et singulos eorum temporibus contentari volumus solummodo et duntaxat, ita quod nec prebendarii huiusmodi moderni nec eorum successores from (? rectius fructus) proventus seu emolumenta aliqua que hactenus ratione prebendarum suarum habere consueverunt in futurum vendicare (sic) exigere percipere seu in usus suos convertere quovis mode presumant, seu eorum aliquis sic presumat, sub pena maioris excommunicationis sententic, quam in personam huiusmodi ordinationi et statuto nostro contravenientem nunc prout extunc et tunc prout exnunc ferimus et promulgamus in hiis scriptis, et quod residuum fructuum et proventuum prebendarum predictarum integre remaneat et convertatur ad etin usum sustentationis vicariorum choralium clericorum puerorum et aliorum dicte ecclesie collegiate et collegii ministrorum ibidem residentium suportationisque ceterorum onerum eisdem ecclesie collegiate et collegio incubentium
3 qualiter (rectius ‘qualibet’) septimana per cuius integritatem residens fuerit ibidem actualiter.
4 ita tamen quod idem subdecanus pro rata temporis quo huiusmodi jurisdictione pociatur ad feoda et stipendia officialis quem per decanum ad huiusmodi jurisdictionem exercendam ibidem deputari contigerit conferatur et conferre teneatur.
5 i.e. two executors only.
6 Cumipse valde debilis complexionis existat et interdum variis infirmitatibus adeo pergravetur quod nisi aerem mutaret plurimum formidaret ne forsan incurabiles infirmitates incidere posset
7 ad firmam vel annuam pensionem arrendare.
8 licet in causa predicta nulla saltem manifesta sententia de qua apparcat lata fuerit.
9 i.e. two executors only.