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1455[–6].
15 Kal. April.
(18 March.)
St. Peter's, Rome.
(f. 17d.) |
To the archdeacon of Glasgow. Mandate, at the recent petition of William White, priest, of the diocese of Glasgow (containing that on the voidance of the perpetual vicarage of Camnathane in the said diocese by the death of Richard de Are, during voidance of the see of Glasgow, Thomas Mirton, dean of Glasgow, deputed by the chapter as vicargeneral [in spirituals], the said vicarage belonging to the presentation, during voidance of the see, of the king of Scots by ancient custom, made collation and provision thereof, after due presentation, with consent of James the present king of Scots, to the said William, who in virtue thereof obtained possession and at present holds it, but doubts whether the said presentation and collation etc. hold good) to collate and assign the said vicarage, value not exceeding 9l. sterling, whether void as above, or by the resignation of the said Richard or in any other way, to the said William, who is almost blind on account of a cataract in his left eye, which has grown out of an infirmity from which he was suffering at the time of his promotion to holy, even priest's orders, (fn. 2) and whom the pope hereby dispenses, notwithstanding the foregoing etc., to receive and retain the said vicarage and to minister in all the orders which he has received, even in the ministry of the altar. Dignum arbitramur. (C. and G. Gonne. | C. xxvi. Octavo Kal. Maii Anno Secundo. de Montepolitiano.) [2½ pp.] |
1455[–6].
6 Id. Jan.
(8 Jan.)
St. Peter's, Rome.
(f. 64d.) |
To the official of Aberdeen. Mandate, as below. The recent petition of James Lyndesay, canon of Moray, contained that Laurence Pyot, priest, of the diocese of St. Andrews (in a cause brought by him and long ventilated at the Roman court before divers judges against Richard Holand, priest, of the diocese of Caithness, about the precentorship (cantoria) of the said church [of Moray], provision of which, on its voidance by the resignation, admitted by authority of the ordinary, of the late Andrew de Tulacht, was made to Laurence by the said authority and also subsequently by papal authority, and possession of which Richard was unlawfully detaining) won three definitive sentences, by the first of which the precentorship was adjudged to him and perpetual silence imposed on Richard, and the last of which became a res judicata. The said precentorship having become void at the apostolic see, and being still void, by the resignation made to the pope this day of the said Laurence without having had possession and without the said sentences having been executed, and being therefore ipso facto reserved to the pope, he hereby orders the above official to collate and assign it, a non-major non-elective dignity with cure, value not exceeding 50l. sterling, to the said James, who is by both parents of a race of barons; notwithstanding that he holds a canonry and prebend of the said church [of Moray] and is litigating in the Roman court about the archdeaconry of Aberdeen, provision of which was made to him by authority of the ordinary. He is, as he has offered, as soon as provision has been made to him of the said precentorship, to resign (dimittere) the said canonry and prebend, and also the said archdeaconry if he obtain it, or give up (cedere) the said suit and all right in or to the archdeaconry. Dignum arbitramur. (P. and Nicasius. | P. xxv. Nono Kal. Februarii Anno Primo. de Varris.) [3¾ pp. See below, f. 273.] |
1455.
8 Id. Oct.
(8 Oct.)
St. Peter's, Rome.
(f. 109d.) |
To the bishops of Spoleto and Cattaro (Catheren.) (fn. 3) and the abbot of Fearn (Noviferny) in the diocese of Ross. Mandate, at the recent petition of Laurence Scot, priest, of the diocese of Aberdeen, M.A.,—containing that on the voidance of the precentorship (cantoria) of Ross by the death of Thomas Falconer, Thomas (fn. 4) bishop of Ross made collation and provision thereof to the said Laurence, who in virtue thereof obtained possession and is still in possession; and adding that at the time of the said collation and provision the said bishop was under sentence of the greater excommunication, wherefore Laurence doubts whether they hold good—to collate and assign the said precentorship, a nonmajor non-elective dignity with cure, value not exceeding 20l. sterling, to Laurence. Litterarum sciencia, vite etc. (P. and G. Gonne. | P. xxii. Quinto Id. Octobris Anno Primo. de Varris.) [2 pp.] |
1456.
7 Id. April.
(7 April.)
St. Peter's, Rome.
(f. 165.) |
To the treasurer of Brechin, John Steil, a canon of the same, and the official of the same. Mandate, as below. The recent petition of Alexander Blandseil and John Sanchcer (sic), laymen, of the diocese of Aberdeen, executors of the will of the late Gilbert Sancher (sic), layman, contained that formerly John Cadzou, layman, of the said diocese, falsely alleging that William Cadzou and Andrew Alani, laymen, of the same diocese, executors of the will of the late Margery, who had been the wife of the [said] late Gilbert and the mother of the said John Cadzou, were unlawfully keeping possession of certain sums of money and other goods belonging to him by reason of the inheritance of the late William Cadzou his father and for other reasons, brought the said William and Andrew, not by papal delegation, before the official of Aberdeen; that, after the said official had proceeded short of a conclusion, Ingram bishop of Aberdeen called up the cause to himself, and committed it for further hearing and termination to Henry Hervi, precentor of Aberdeen, and Thomas Ednen, canons (sic) of the same (fn. 5) ; that, whilst the cause was pending before the said canons (sic), the said William died, and that the said Andrew, the surviving executor, refused to act any further as executor, whereupon the said bishop appointed the said Gilbert, Margaret's husband, to be executor of her will and defender of the said cause, who, upon the said canons (sic) pronouncing an unjust sentence, appealed to the apostolic see, and in the matter of his appeal impetrated letters to (et, rectius ‘ad’) the chancellor of the said church [of Aberdeen], and sought to have the said John Cadzou brought for judgment in the said appeal cause before Duncan (coram Duntrano) Lich[t]on, chancellor of the said church; but that, the appeal cause being thus pending, the said canons (sic) at the instance of the said John Cadzou, caused Gilbert to be cited before them to be present at their pronouncement of the abandonment of the said appeal, (fn. 6) whilst he was agitating and prosecuting the said appeal cause before the said chancellor; that thereafter the said Gilbert also died, and the said John Sancher and Alexander were appointed executors of his will, that they prosecuted further the said appeal cause before the said chancellor, and that at length the said canons (sic), proceeding notwithstanding the foregoing in the prior cause committed to them, pronounced the said appeal to have been abandoned, and in the principal matter promulgated an unjust definitive sentence in favour of John Cadzou and against the said executors Alexander and John Sancher, from which they appealed to the apostolic see, but have been prevented by a lawful impediment from prosecuting it within the due time. At the said petition, for the commission to just men in those parts, notwithstanding the said lapse of time, of the cause of the said appeals and of the principal matter and of the nullity and injustice of the sentence of the said canons (sic), and of the whole process made before them, the pope hereby orders the above three to summon the said John Cadzou and others concerned, hear both sides, and decide what is just, without appeal, causing their decision to be observed by ecclesiastical censure. Humilibus etc. (i.e. Humilibus supplicum votis). (O. and H. Mascheim. | O. xvi. Pontanus.) [22/3 pp.] |