Lateran Regesta 505
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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242-248

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'Lateran Regesta 505: 1455', Calendar of Papal Registers Relating to Great Britain and Ireland, Volume 11: 1455-1464 (1921), pp. 242-248. URL: http://british-history.ac.uk/report.aspx?compid=103693 Date accessed: 29 July 2014.


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

1 Calixtus III.

De Exhibitis.

1455.
Prid. Non. Nov.
(4 Nov.)
St. Peter's, Rome.
(f. 18.)
To the dean of Armagh, and John Mackamayl and Patrick Olucherean, canons of the same. Mandate, as below. The recent petition of Magonius Oconne, perpetual vicar of Leassan in the diocese of Armagh, contained that after Nicholas V had made provision to Patrick Olucherean, then a clerk, of the said diocese, of a canonry of Armagh with expectation of a prebend, upon a canonry of the said church and the prebend of Balecliug, (formerly erected by authority of the ordinary out of the rectory of the parish church of Balecliug in the said diocese) becoming void in a certain way, the said Patrick in virtue of the said provision accepted them within the lawful time and got provision thereof and induction thereto made to him by the executors of the said provision, and in virtue of the said provision and induction obtained and was in possession; after which the said pope, upon the voidance of another canonry of the said church and the prebend of Domnachmor by the death of Cristin Olucherean at the apostolic see, made provision thereof to the said Patrick, requiring him, as soon as he got possession of them, to resign the above canonry and prebend of Balecliug, which therefore, he having obtained peaceable possession of the said canonry and prebend of Domnachmor, are at present void, and have been void so long that their collation has by the Lateran statutes lapsed to the apostolic see, although David Oculain, priest, of the said diocese, who intruded himself without any canonical title, has unlawfully detained possession for more than three years, but less than four. The said canonry and prebend of Balecliug being thus still void as above, and being reserved to the present pope (they having been ipso facto reserved to pope Nicholas by the obtaining of the said other canonry and prebend by papal authority), the pope hereby orders the above three to collate and assign them, value with their annexes not exceeding 6 marks sterling, to the above Magonius, who is a deacon, summoning and removing the said David. The pope hereby admits Magonius's resignation, made by him to the pope this day, of the said vicarage, which was collated to him by authority of the ordinary. Vite etc. (C. and Ja. Bigneti. | C. xii. Residuum gratis pro deo. Quinto Idus Decembris Anno Primo. de Montepolitiano.) [4½ pp. See Cal. Papal Lett., X, p. 584.]
15 Kal. Sept.
(18 Aug.)
St. Peter's, Rome.
(f. 30.)
To the abbots of Mellifont and Baltinglass (de Valle salutis) and Nouane, in the dioceses of Meath and Leighlin. Mandate, as below. The recent petition of Laurence Necreuill (rectius Netreuill) layman, and Alice, Maud, and Anne Necreuill, his sisters, of the diocese of Meath, contained that although they are children of the late Philip Necreuill and Alice Stokes, man and wife, of the said diocese, by a lawful marriage, and were, and are, the lawful heirs of the said Alice Stokes, nevertheless formerly John Douedall (who claims to be (fn. 2) a knight and the son and heir of the late Joan Stokes, sister of the said Alice [Stokes]) and Elizabeth Stokes, also a sister of the said Alice [Stokes], falsely alleging that the said Laurence, Alice, Maud and Anne were not the children of the said Philip and Alice by a lawful marriage, but were illegitimate, and that the inheritance of the said Alice Stokes belonged to them (the said John and Elizabeth), as next of kin (proximiores) to the said Alice Stokes, brought the said Laurence and his said sisters, first before the official of the episcopal court of Meath, and subsequently, after the said official had taken some proceedings, brought them by appeal, on the ground of an alleged grievance, to the archiepiscopal and primatial court of Armagh, before the official or vicar-general in spirituals of the primate; that, although a number of lawful objections were entered on behalf of the said Laurence and his sisters before John, archbishop of Armagh or his vicar-general in spirituals, amongst others that the lawful time for the prosecution of the said appeal had lapsed without its having been prosecuted, and that the said cause had been terminated by a certain sentence of arbitration which had been delivered ten years before, and from which no appeal had been made, nevertheless the said archbishop, (fn. 3) after the said cause had been for several years ventilated in his said primatial court, (fn. 4) wrongfully proceeding, promulgated an unjust definitive sentence against the said Laurence and his sisters; and that although they appealed therefrom to the apostolic see, the said John and Elizabeth, in contempt of the appeal, of which they were not ignorant, despoiled the said Laurence and his sisters, who were well within the time for prosecuting the said appeal, of their hereditary goods and intruded themselves, and are still in unlawful possession. At the said petition of Laurence and his sisters for the commission of the cause of the appeal and that of the principal matter to upright men in those parts, the pope hereby orders the above three abbots to summon the said John and Elizabeth and others concerned and, annulling what has been done after the said appeal, (fn. 5) and restoring the said Laurence and his sisters, to proceed in the said cause of appeal and confirm or invalidate (infirmare) the said sentence, hear both sides, and decide what is just without appeal, causing their decision to be observed by ecclesiastical censure. Humilibus supplicum votis. (O. and H. Mashe[i]m. | O. xv. Pontanus.) [22/3 pp.]
6 Kal. Aug.
(27 July.)
St. Peter's, Rome.
(f. 45d.)
To the bishop of Annaghdown and the deans of Tuam and Annaghdown. Mandate, as below. Nicholas V—upon learning that the chancellorship of Kilfenora (Fynaboren.), a nonmajor dignity, was void by the resignation of Nemeas Macgeruaistir to Denis bishop of Kilfenora, and that the perpetual vicarage of Uictmama in the said diocese was void by the death of Donald Ogavuayn (rectius Ogabuayn), and that the chancellorship had been void so long that by the Lateran statutes its collation had lapsed to the apostolic see, although Matthew Olochlaynd, clerk, of the said diocese, under pretext of an alleged de facto collation and provision, (fn. 6) had taken possession and had unlawfully detained possession for two years, whilst the abbot of the Cistercian monastery of Corcomroe (de Petra fertili) in the said diocese had intruded himself by his own temerity into the said vicarage, and had unlawfully detained possession for sixteen years—ordered the above three to summon the said abbot and Matthew and others concerned, and if they found the said chancellorship and vicarage to be void as above or in any other ways, to collate and assign them to John Macgeruaistir, clerk, of the said diocese, who had been lately 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, the said pope's letters stating, as was asserted by the said John, that in the city and diocese of Kilfenora there were no competent judges to whom the said letters could be directed. At the recent petition of the said John (containing that the said letters were presented to the above bishop, and that the cause was ventilated before him for some time, and that, in virtue of the said letters and of the proceedings taken by means of them, he obtained possession of the said chancellorship and is still in peaceable possession, taking the fruits; and that a suit about the said vicarage was begun before the same bishop between John and the said abbot, and that the abbot entered an exception against the said letters, in respect of their surreptitiousness, on account of the above assertion, under pretext of which exception he was acquitted by the said judge from prosecution by the said John (fn. 7) ; and adding that, on account of the said assertion, the said letters are of no use to him as far as regards the vicarage), the pope hereby orders the above three to summon the said abbot and others concerned, and if they find the facts to be as stated, to collate and assign the said vicarage to John, and otherwise act in accordance with the contents and form of the said letters. (fn. 8) Vite etc. (P. and —. (fn. 9) |P. xvi. Quarto Id. Octobris Anno Primo. de Varris.) [2¼ pp. See Cal. Papal Lett., X, p. 726.]
6 Non. Oct.
(2 Oct.)
St Peter's, Rome.
(f. 89d.)
To the abbot of St. Mary's de Wo[the]nia in the diocese of Emly, the precentor of Emly and John Okayll, canon of the same. Mandate, at the recent petition of Denis Ohogayn, priest, of the diocese of Emly (containing that formerly, after he had been dispensed by papal authority, on account of illegitimacy as the son of a priest and an unmarried woman, to be promoted to all even holy orders and hold a benefice even with cure, and in virtue thereof had obtained on its voidance, collated to him by authority of the ordinary, the rectory of Brywsse (fn. 10) in the said diocese, of the patronage of laymen, after which he had himself promoted to all the said orders, and that after he had held the said rectory, under pretext of the said collation, for several years, as he still does, the late John archbishop of Cashel, the see of Emly being void, inasmuch as Denis could not be maintained and support his burdens from the fruits etc. of the said rectory, united and incorporated thereto in perpetuity the perpetual vicarage of Tyberrary alias Tybriudarruid (fn. 11) in the said diocese, then void, in virtue of which he took possession of the said vicarage and has held it for some time together with the said rectory, but now doubts the validity of archbishop John's union and incorporation of the said rectory and vicarage, both of which, as the pope has learned, are still void as above), if they find the facts to be as stated, to approve and confirm the said union and incorporation, and to collate and assign the said rectory and vicarage, value together not exceeding 12 marks sterling, whether they be void as above, or the vicarage be void by the resignation of John Yhallayd, priest, of the diocese of Killaloe (Laonien.), or whether they be void in any other way, to Denis, whom the pope hereby absolves from all sentences of excommunication etc. as far only as regards the taking effect of these presents, dispenses on account of irregularity contracted when under such sentences, and rehabilitates. The pope hereby also dispenses him, who alleges that there are few collegiate churches in those parts, to receive and retain the said rectory and vicarage and any other benefices, of any number and kind, with and without cure, compatible with one another and with the aforesaid, even if canonries and prebends, dignities etc., and to resign them, simply or for exchange, as often as he pleases, notwithstanding the said defect [of birth] etc. Vite etc. (O. and H. Masheim. | O. xxx. Residuum gratis pro deo. Kal. Novembris Anno Primo. Pontanus.) [3⅓ pp.]
1455[–6].
6 Id. Jan.
(8 Jan.)
St. Peter's, Rome.
(f. 113d.)
To the bishop of Ross. Mandate, at the recent petition of William Tuloch, clerk of the diocese of Brechin (containing that on the voidance of the treasurership of Caithness by the resignation of Thomas Tuloch to the present bishop of Caithness, that bishop made collation and provision of the said treasurership, a non-major dignity with cure, to the said William, who was then in or about his twenty-second year and had obtained no dispensation on account thereof, in virtue of which collation and provision he obtained possession and at present holds it, without however taking any of the fruits), the said collation and provision being without force, and the treasurership still void as above, to collate and assign to William, who is by both parents of noble birth, and is still in or about the said year, if found fit after examination, the said treasurership, which is not elective and whose value does not exceed 8l. sterling. He is hereby dispensed to receive and retain it, notwithstanding the said defect of age. Dignum arbitramur. (P. and G. Gonne. | P. xxviii. Nono Kal. Februarii Anno Primo. de Varris.) [2½ pp.]
1455.
14 Kal. Jan.
(19 Dec.)
St. Peter's, Rome.
(f. 115.)
To the bishop of Arras and Cristin Machedyan and Eugenius Oconeil, canons of Elphin. Mandate, at the recent petition of Dermit Maconcagaid, priest, of the diocese of Elphin (containing that formerly, on the voidance of the [perpetual] vicarage of Kyllglais in the said diocese by the death of John Macoly, Cornelius bishop of Elphin made collation and provision thereof by his ordinary authority to the said Dermit, who in virtue thereof obtained possession and at present holds it, taking the fruits in good faith; and adding that he doubts whether the said collation and provision hold good), the vicarage being, as the pope has learned, still void as above, to collate and assign it, value not exceeding 5 marks sterling, to Dermit. Vite etc. (P. and H. Masheim. | P. xii. Residuum pro deo. Quartodecimo Kal. Februarii Anno Primo. de Varris.) [2 pp. +.]

De Prebendis Vacantibus.

5 Non. July.
(3 July.)
St. Peter's, Rome.
(f. 194d.)
To the archdeacon of Ardfert. Mandate—the pope having been informed by Fyninus alias Fynin Maccommara, clerk, of the diocese of Limerick, that Thady (Thatheus) Maccommara canon of Killaloe (Laonien.), a public and notorious fornicator, and Maurice Oconnayly, canon of Limerick, have dilapidated and alienated the goods of their canonries of Limerick and Killaloe and of the prebends therein of Tulach and (ac) Dyscyrtaensgusa (sic), that Thady has committed perjury and Maurice simony—if and after Fyninus alias Fynin, who is by both parents of a noble race of dukes, and who from fear of the power of Thady and Maurice has no hope of obtaining justice in the cities and dioceses of Killaloe and Limerick, accuses them before the above archdeacon, to summon them, and if he find the foregoing to be true, to deprive and remove them, and in that event to collate and assign the said canonries and prebends of Limerick and Killaloe, the value of each of which does not exceed 8 marks sterling, to Fyninus. Dignum arbitramur. (O. and M. Amici. | O. xxii. Pridie Non. A[u]gusti Anno Primo. Pontanus.) [3 pp.]
4 Id. July.
(12 July.)
St. Peter's, Rome.
(f. 246d.)
To Eugenius Oconeil, John Cok and William Ocearnaid, canons of Killala (Aladen.). Mandate (the pope having been informed by William Ochonnegan, priest, of the diocese of Killala, that Thomas Omurchw alias Omurchuayn, canon of Killala and prebendary of Horrub therein, a public and notorious fornicator, has dilapidated and alienated etc. the fruits and goods deputed for the repair and maintenance of his said prebend, and has committed perjury, and that William Omochan, perpetual vicar of Raithbrannard (sic) in the said diocese, being under sentence of excommunication and publicly proclaimed excommunicate by his ordinary, has celebrated [masses] in contempt of the Keys, and taken part [therein and] in other divine offices, and has moreover dilapidated and alienated etc. the fruits and goods deputed for the repair and conservation of the said parish church) if and after the said Ochonnegan accuses them before the above three, to summon them, and if they find the foregoing to be true, to deprive and remove them, and in that event to collate and assign the said canonry and prebend and vicarage, value not exceeding 2 and 4 marks respectively, to Ochonnegan. Vite etc. (O. and G. de Callio. | O. xii. Residuum gratis pro deo. Quarto Non. Septembris Anno Primo. Pontanus.) [4pp. See below, Reg. Lat. DVII, f. 281d.]
8 Id. Nov.
(6 Nov.)
St. Peter's, Rome.
(f. 313.)
To the prior of St. Mary's, Damynys, in the diocese of Clogher, and Thomas Ofergalayg and Thomas Ocarbry, canons of Clogher. Mandate (the pope having been informed by Patrick Olucharan, clerk, of the diocese of Armagh, that Ysac Oculeayn, canon of Armagh and prebendary of Clondro (sic) therein, a public and notorious fornicator, has committed perjury and incurred irregularity) if and after Patrick, who from fear of the power of Ysac cannot safely meet him in the city and diocese of Armagh, accuses Ysac before the above three, to summon him, and if they find the foregoing to be true, to deprive and remove him, and in that event to collate and assign the said canonry and prebend, value, with their annexes, not exceeding 10 marks sterling, to Patrick. Vite etc. (C. and H. Masheim. | C. x. Residuum gratis pro deo. Juravit. Tertiodecimo Kal. Januarii Anno Primo. de Montepolitiano.) [3pp. See below,pp. 265, 266.]

Footnotes

1 On the back of the volume is the usual modern description in Italian: ‘Calisto iii. 1455. Anno 1. Lib. 2.’ A flyleaf has, in different contemporary hands: ‘Secundus de exhibitis et de prebendis vacantibus anno primo domini nostri domini Calisti pape iii,’ and’ R(ecipe) Mar(celle?), P.’ [de Varris.]. On the bottom edge of the volume is the usual contemporary description: ‘Secundus de exhibitis …,’ similar to the above. There are ff. i–cccxvi. of text.
2 se gerit pro.
3 dilectus filius Johannes Douedallet dilecta in Christo filia Elizabeth Stokeseosdem Philippum (sic) Laurencium Aliciam Matildam et Annamcoram tunc officiali curie episcopalis Miden. primo, et deinde in huiusmodi causa inter eos per dictum officialem ad nonnullos actus processo, tam pro parte Johannis et Elizabeth predictorum a quodam ut ipsi pretendebant in eadem causa sibi illato gravamine ad archiepiscopalem et primatam (rectius ‘primacialem’) curiam Armachanam, ad quam ab eadem episcopali curia in similibus causis consuevit haberi recursus, appellatum fuisset, coram tunc officiali seu vicario in spiritualibus generali dicti primatis traxerunt in causam, et quamvis inter cetera coram venerabili fratri (sic) nostro Johanne archiepiscopo Armachano seu eius vicario in spiritualibus generali pro parte Laurencii et sororum predictorum nonnulle excepciones peremptorie legitime, et inter cetera quod fatalia ad prosequendum appellacionem huiusmodi eis a iure concessa lapsa fuerant infra que appellacionem huiusmodi non fuerant prosecuti, et quod ipsa causa per quandam arbitralem sentenciam tunc expressam que per lapsum decennii nulla provocacione suspensa emologata fuit terminata erat proposite et legitime probate fuissent, tamen prefatus archiepiscopus
4 in eadem sua primaciali (cf. above) curia.
5 ac revocato in irritum quidquid post appellacionem huiusmodi inveneritis temere attemptatum.
6 It is not stated by what authority the collation and provision were made.
7 super vicaria vero predicta coram te eciam judice inter Johannem et abbatem prefatos orta materia questionis, per abbatem prefatum detentorem dicte vicarie in vim excepcionis peremptorie contra litteras predictas propter assercionem prefatam de surrepticione earundem litterarum exceptum fuisse, quodque excepcionis pretextu prefatus abbas per eundem judicem ab impeticione (corrected from impetracione) dicti Johannis absolutus extitit
8 In the present mandate the values of the chancellorship and vicarage are not mentioned.
9 The usual name in the margin is absent.
10 The writing is uncertain.
11 The writing of these two namos is uncertain.