|
1463.
7 Kal July.
(25 June.)
St. Peter's, Rome.
(f. 6d.) |
To Cristinus Batii. Collation and provision of the archdeaconry of Sodor, a non-major dignity, value not exceeding 14l. sterling, which became void at the apostolic see by the death there of Andrew Duowyn, and therefore ipso facto
reserved to Calixtus III, who died [without having disposed thereof], so that it still remains void as above and reserved to the present pope; with mandate executory hereby to the abbot of St. Mary, Ferne, in the diocese of Ross, the chancellor of Ross and Oliver Principis, a canon of Angers. Upon obtaining possession of it he is, as he has offered, to resign the rectory of Kilkivan (Sancti Comani) in Ky(n)ure (rectius
Kyntire) in the diocese of Argyll alias Lismore, value not exceeding 7l. sterling. Vite etc. (—. (fn. 2) ) | xxvi. N. Bregeon. A. de Nepe. L. de Mancinis.) [In the margin: Junii. 3½pp. Theiner's cross does not appear in the margin of the Rubricelle nor of f. 6d., and the bull is not in his Monumenta.] |
12 Kal. June.
(21 May.)
St. Peter's, Rome.
(f. 10d.) |
To Gerald OmulcorZa (i.e. Omulcorra? ). Collation and provision to him, who, notwithstanding his illegitimacy as the son of unmarried parents, has been made a clerk, of the archdeaconry of Limerick, a non-major dignity, value not exceeding 50 marks sterling, void at the apostolic see, and therefore ipso facto reserved, by the recent resignation to the pope of Matthew Ogriffa; whether it be so void, or by the promotion made by the pope of the said Matthew to the church of Killaloe (Leonien, rectius Laonien.), or by his consecration administered or to be administered by the pope's authority, or in any other way. He is hereby dispensed to be promoted to all even holy orders and receive and retain it. Vite etc. |
|
Concurrent mandate to the bishop of Emly (Hymolacen.), the abbot of Monasteranenagh (de Magyo) and the prior de Raytgela, in the diocese of Limerick. Hodie dilecto filio. (G. de Piccolominibus. | xx. xv. N. Bregeon. A. de Nepe. B. de Janua.) [In the margin: Maii. 4 pp. Theiner has made his usual cross in the margin of the Rubricelle, although not of f. 10d., but the bull does not appear in his Monumenta.] |
3 Non. May.
(5 May.)
St. Peter's, Rome.
(f. 21.) |
To Master Lewis de Ludovisis, a papal chaplain and auditor. Mandate, as below. The recent petition of Alexander Inglis, a canon of Dunkeld, bachelor in decrees. contained that a dispute arose between John Tyry and Richard Vili, clerks, of the diocese of Brechin, about the perpetual vicarage de Dunde in that diocese and that, the cause having lawfully by John's appeal devolved to the Roman court, Nicholas V, at Richard's instance, committed the cause of the appeal and of the principal matter to the late Orlandus archbishop of Florence, then a chaplain of the pope and auditor of causes of the apostolic palace; that after some proceedings had been taken before the said auditor, and after the late Gilbert Forstar (who [alleged] that provision had been made to him by papal authority of the vicarage, as being then void by the death of Richard Crag, and that the said John and Richard Vily had, each of them, unjustly opposed the said provision and had prevented it from taking effect, and that it lawfully belonged to him) had been in virtue of the said pope's commission admitted by the said auditor as a party to the cause, (fn. 3) the said Gilbert won a definitive sentence against the said Richard Vili and John, by which the vicarage was adjudged to him and perpetual silence imposed on them, which sentence became a res judicata, letters of execution being issued in the wonted form; that, upon its being suggested to the present pope on Richard's behalf that, after having obtained the vicarage by ordinary and by apostolic authority, he had been forcibly ejected by Gilbert and that the latter had wrongfully taken possession, the pope, deceived by Richard's suggestions, ordered him by certain letters to be restored to possession, in virtue of which Richard caused Gilbert to be publicly proclaimed excommunicate and the vicarage to be laid under interdict, wherefore Gilbert appealed to the apostolic see; that the pope at Gilbert's instance committed his said appeal and the principal matter to Master John de
Coca, and afterwards, at Richard's instance, Richard's appeals from certain alleged grievances to Master Gaspar de Theramo, papal chaplains and auditors, and subsequently, with Gilbert's and Richard's consent, to the above Master Lewis; and that, after proceedings had been taken in the said causes, short of a conclusion, and after the pope had learned that Gilbert, whilst the suit was pending before Master Lewis, and without his having again had possession of the vicarage, had died in the castle of San Quirico, in the diocese of Arezzo, less than a day's journey from the place where the pope was then residing, he, at Richard's suggestion, calling up the cause and extinguishing the suit, ordered, it is said, certain judges to collate and assign the vicarage, howsoever void, to Richard. At the said petition, adding that the said letters are held to be invalid and surreptitious (because Richard did not mention therein the said sentence against himself and the fact that he had detained possession of the vicarage without any canonical title), and that the vicarage is still void by the death of Gilbert, the pope hereby orders the above Master Lewis to surrogate the said Alexander, who is of noble birth, in and to the right which Gilbert had at the time of his death, and make collation and provision to him of such right etc., and moreover if, after summoning Richard and others concerned, he find the said letters to Richard were surreptitious or otherwise invalid, to declare them and their consequences null and void, and to remove Richard, and in the event of his doing so, to collate and assign the vicarage, value not exceeding 30l. sterling, whether it be void as above, or be still void by the death of Gilbert, or by his resignation, or in any other way, to Alexander, inducting him, etc. Nobilitas generis, litterarum etc. (G. de Piccolominibus. | xxx. N. Bregeon. A. de Nepe. Jo. de Salas.) [In the margin: Junii. 4 pp.+. Theiner has made his usual cross in the margin of the Rubricelle, although not of f. 21, but the bull does not appear in his Monumenta. See Cal. Papal Lett., X, p. 250, and above, pp. 24, 38, 279, 307, 384.] |
7 Kal. July.
(25 June.)
St. Peter's, Rome.
(f. 116d.) |
To the bishop of Aberdeen, the abbot of Neobotil and John Ottirburn, archpriest of the church of Dumbar, in the diocese of St. Andrews. Mandate, as below. The recent petition of Adam Hepburn, of Dunsiar, layman, of the diocese of Dunblane, contained that he formerly, in ignorance of an impediment, contracted marriage per verba legitime de presenti with Ellen Huni (rectius Hum) of the diocese of St. Andrews and consummated it, offspring being born, and that, upon his learning that they were related in the second and third degree[s] of affinity, he caused her to be summoned, with a view to a divorce and separation, (fn. 4)
before Robert bishop of Dunblane, who promulgated a
definitive sentence by which he pronounced a divorce between them, from which sentence Ellen, falsely alleging it to be unjust, appealed to the apostolic see, but has not prosecuted it since it was made more than five months ago. At Adam's petition for the commission of the said appeal to persons of those parts, the pope hereby orders the above three to summon Ellen and others concerned, proceed in the appeal, hear both sides, and decide what is just, without appeal, causing their decision to be observed by ecclesiastical censure. Humilibus supplicum votis. (G. de Piccolominibus. | xiiii. N. Bregeon. A. Trapezuntius.) [In the margin: Aprilis. 1 p. +. Theiner has made his usual cross in the margin of the brief Rubricella, although not of f. 116d., but the bull does not appear in his Monumenta. |
9 Kal. July.
(23 June.)
St. Peter's, Rome.
(f. 143.) |
To the abbot of St. Columba's de Cella nigra, John Okearuallan, a canon of Derry, and the official of the same. Mandate (the pope having been informed by Bernard Maccolgan, priest, of the diocese of Derry, that Patrick Oduby, rector of Cluainkaa or (sive) Killmichlucca in the said diocese, an open and notorious fornicator, has incurred perjury and committed simony by acting as go-between and sharer in the gain (fn. 5) in a simoniacal bargain between his brother Cornelius Oduby and a certain other about the collation of the perpetual vicarage of Maghbile in the same diocese) if and after Bernard (who was 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), accuses Patrick before the above three, to summon Patrick, and if they find the foregoing to be true, to deprive and remove him, and in that event to collate and assign the rectory, value not exceeding 10 marks sterling, to Bernard; whether it become void by such deprivation and removal, or be still void by the death of Donald Oduby, or be void in any other way. The pope hereby dispenses him to resign the rectory, if he obtain it, simply or for exchange, when he pleases, and receive and retain another benefice for life, notwithstanding the said defect etc. Vite etc. (G. de Piccolominibus. | xx. G. de Porris. Baudetus. P. de Spinosis.) [In the margin:Julii. 21/5 pp. The brief Rubricella is:
Deren. Bernardus Macolgan. fo. cxliii,
in spite of which Theiner's usual cross does not occur in the margin of the Rubricella nor of f. 143, and the bull is not in his Monumenta.] |
4 Id. July.
(12 July.)
Tivoli.
(f. 150d.) |
To the abbot of SS. Peter and Paul's, Clare (de Forgio alias de Clar), and the dean of Killaloe (Laooien or Laonen.) and Donatus Ograda, a canon of the same. Mandate (the pope having been informed by Nicholas Ofayt, perpetual
vicar of Kylcromhyr in the diocese of Clonfert, that E[d]mundus de Burgo, priest, of Cloyne and canon of Tuam, an open and notorious fornicator, does not wear the clerical habit and tonsure, goes about as an ordinary layman, does not reside in the church of Tuam nor is present at divine offices, and has neglected the canonical hours and dilapidated etc. the fruits etc. of his canonry and the prebend of Kylmen in the said church) if and after Nicholas (who was 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, and who has no hope of obtaining justice in the city and diocese of Tuam) accuses E[d]mundus 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 not exceeding 8 marks sterling, to Nicholas; notwithstanding that he holds the said perpetual vicarage of Kilccomhyr [sic], value not exceeding 8 marks sterling. Vite etc. (G. de Piccolominibus. | xx. G. de Porris. Baudetus. Jo. de Veneriis.) [In the margin: Julii. 3¾ pp. Theiner has in this case made his cross in the margin of the Rubricelle and also of f. 150d., and the bull accordingly appears briefly in his Monumenta, p. 455, from ‘Reg. Tom. XXV, fol. 150,’ i.e. the present Register, with the corrected spelling Laoniensis in the address, and omitting the value of the vicarage.] |
3 Id. July.
(13 July.)
Tivoli.
(f. 162d.) |
Declaration etc. in regard to certain proceedings formerly ordered by John [now] cardinal priest of St. Martin's in Montibus (then bishop of Arras, and appointed in the realms of France. England and Scotland and the dominions of Philip duke of Burgundy, even without the said realm of France, nuncio of the present pope with the power of a legate), to be taken against John archbishop of Embrun (Ebredunen.), who appealed to the apostolic see from the said proceedings, etc. Ad fut. rei mem. Solicitudo pastoralis officii. (G. de Piccolominibus. | Gratis de mandate domini nostri pape. G. de Porris. Jo. Baptista.) [In the margin:Augusti. 32/3 pp.] |
Prid. Non. Aug.
(4 Aug.)
Tivoli.
(f. 167d.) |
To the dean and the archdeacon of Clonfert. Mandate (the pope having been informed by Thomas Chanyn, clerk, of the diocese of Clonfert, that David de Burgo alias Otybayn, rector of Dundayre in the said diocese, has openly kept a concubine and, a notorious fornicator, has not resided in the said church, and has committed simony) if and after Thomas (who was [lately] dispensed by papal authority, on account of illegitimacy as the son of an abbot, a priest, of the order of St. Augustine, and an unmarried woman, to be promoted to all even holy orders and hold a benefice even with cure) accuses David before the above two, 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 church, of lay patronage and value not exceeding 16 marks sterling, to Thomas, whom the pope hereby specially dispenses to receive and retain it, notwithstanding the said defect etc. Vite etc. (G. de Piccolominibus. | xxviii. G. de Porris. Jo. de Augeroles.) [In the margin:Augusti. 22/3 pp. Theiner has made his cross in the margin of the Rubricelle and of f. 167d., and a brief summary accordingly appears in his Monumenta, p. 455, as above, f. 150d.] |
12 Kal. Aug.
(21 July.)
Tivoli.
(f. 191d.) |
To the dean and the provost of Achonry (Akaden.) and Bernard Okearnayd, a canon of the same. Mandate (the pope having been informed by Maurice Macdonnchaid, a canon of the Augustinian monastery of St. Mary's, Inchmacnerin (Insula Macnere), in the diocese of Elphin, that William Maescarrayd (rectius Macscarrayd), abbot of the Augustinian monastery of St. Mary, Easdara, in the diocese of Achonry, a notorious fornicator, has openly kept a concubine and committed perjury, and has by a simoniacal bargain made a division of the fruits etc. of the said monastery and given part to Cornelius, sometime abbot thereof) if and after Maurice, who has made a private profession of the said order, (fn. 6) accuses William 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 make provision of the said monastery, value not exceeding 30 marks sterling, to Maurice, and in the event of their doing so to grant that he may be blessed by any catholic bishop; without prejudice to the bishop of Achonry, to whom the monastery is by ordinary right subject. Apostolice solicitudinis. (G. de Piccolominibus. | xxxx. G. de Porris. Jo. de Tartarinis.) [In the margin: Augusti. 2½ pp. Theiner has made his cross in the margin of the Rubricelle and of f. 191d., and has also written ‘etc.’ in the margin of f. 192d., as an instruction to his copyist to omit the Non obstantibus
and following clauses. The bull is not, however, in his Monumenta. See below, f. 272.] |
17 Kal. Aug.
(16 July.)
Tivoli.
(f. 194.) |
To William Ocorerayn (rectius Ocorcrayn), Robert Glys (? rectius Elys) and Donald Oruarch, canons of Clonfert. Mandate (the pope having been informed by William de Burgo, clerk, of the diocese of Clonfert, that Donatus Omullalayd, a canon of Clonfert, a notorious fornicator, has dilapidated etc. the tithes belonging to his canonry of Clonfert and the prebend of Culfada therein, has not resided in the said church nor served it in divine offices, and does not do so at present) if and after William (who was lately dispensed by papal authority, on account of illegitimacy as the son of a priest and an unmarried woman related in
the third and third and also in the fourth and third degrees of kindred, to be promoted to all even holy orders and hold a benefice even with cure) accuses Donatus 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 not exceeding 6 marks sterling, to William, notwithstanding the said defect, or that the pope recently motu proprio ordered provision to be made to him of one or two benefices, even if one of them had cure or were a rural deanery or an archpriestship or a dignity or a personatus in a cathedral or a collegiate church, etc., in the collation of the archbishop of Tuam and the bishop of Clonfert, and the chapters etc. of those churches, and dispensed him to receive and retain such benefices. He is hereby specially dispensed to receive and retain the canonry and prebend, notwithstanding the said defect etc. Vite etc. (G. de Piccolominibus. | xx. G. de Porris. Baudetus. Jo. de Veneriis.) [In the margin: Julii. 3½ pp. Theiner's cross is in the margin of the Rubricelle and of f. 194, but the bull does not appear in his Monumenta.] |
9 Kal. July.
(23 June.)
St. Peter's, Rome.
(f. 213.) |
To the dean, the archdeacon and the official of Clonfert Mandate, as below. The recent petition of William Ycorcrayn, priest, of the diocese of Tuam, contained that he was 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 in virtue thereof caused himself to be so promoted, even to priest's orders, and obtained a certain benefice with cure, canonically collated to him; that, having resigned it, he was presented by the sole patron, William de Burgo, layman, to Denis bishop of Kilmacduagh (Duacen.) for the rectory of Killtomays in that diocese, of the patronage of laymen and with cure, on its voidance by the death of Thomas Ohylayn, and was instituted by the said bishop, under pretext of which presentation and institution he, without having obtained any other dispensation, at least canonical, took possession of the rectory, and has held possession for more than twelve years; that afterwards Geoffrey (Salfridus, rectius Galfridus) Odonchuain, alleging that William had committed certain excesses and crimes, obtained [papal] letters addressed to the official of Kilfenora (Fynoboren.), with the clause ‘provided that the consent of the patron be given,’ and that subsequently Thomas Macgillavana[c]h, falsely alleging that the rectory was void, and had been so long void that by the Lateran statutes its collation had lapsed to the apostolic see although the said William was wrongfully detaining possession of it, obtained certain other letters addressed to John de Burgo, a canon of Tuam, under pretext of which letters Geoffrey (here Galfridus) caused William to be summoned before the said official, although the assent of the said patron was not given, whilst the said
Thomas brought him before the said canon, both of which judges, wrongfully proceeding in the respective causes, promulgated, each of them, an unjust definitive sentence in favour of Geoffrey and Thomas and against William, who has appealed from both of them to the apostolic see. Seeing that the above presentation and institution are in accordance with the foregoing without force, and seeing that it is alleged that neither Geoffrey nor Thomas has any right in or to the rectory, and it being, as the pope has learned, still void as above, the pope, hereby absolving William (who alleges that he has altogether resigned the rectory) from any sentences of excommunication etc., as far only as regards the taking effect of these presents, and rehabilitating him on account of his detention of the said rectory etc., orders the above three, seeing that on account of the inordinate support which Geoffrey and Thomas have he has no hope of obtaining justice in the city and diocese of Kilmacduagh, to summon Geoffrey and Thomas, hear and decide the said appeal causes, without appeal, causing their decision to be observed by ecclesiastical censure, and moreover, if as a result of the suit they find that neither Geoffrey nor Thomas has any right, to collate and assign the rectory, value not exceeding 16 marks sterling, to William; notwithstanding that he has been by authority of certain papal letters received as a canon of Tuam and Clonfert. He is hereby dispensed to receive and retain the rectory, and to resign it, simply or for exchange, as often as he pleases, notwithstanding the said defect etc. Apostolice sedis gratiosa benignitas. (G. de Piccolominibus. | xx. G. de Porris. N. de Tongues.) [In the margin: Julii. 2½ pp. The brief rubricella is:
Duacen. Willelmus Ycorcrayn. fo. ccxiii.
Theiner has not, however, made his cross there, and a fortiori has not done so on f. 213. The bull is therefore not in his Monumenta.] |
14 Kal. Aug.
(19 July.)
Tivoli.
(f. 256.) |
To Walter bishop of Norwich. Grant, as below. The pope recently (upon its being set forth to him by the abbot and convent of St. Mary, Wimundham, in the diocese of Norwich, that although they and their monastery are exempt from all jurisdiction of the ordinary and immediately subject to the pope and the apostolic see, the said bishop had excommunicated them and caused them to be publicly proclaimed excommunicate, because they had refused to obey certain mandates of his, that he had snatched from the said abbot's hands the apostolic letters containing the said exemption, and carried them away and, as was believed, had torn them up, and had uttered certain words of offence against the pope and the apostolic see, (fn. 7) ) gave commission and mandate to James cardinal priest of St. Crisogonus's,
commonly called the cardinal of Pavia, to cite the bishop to appear, even in person, in the Roman court, under pain of deprivation. At the bishop's recent petition, containing that although the said cardinal James cited him to appear before him within a certain term not yet elapsed, under pain of deprivation, he has been hindered by age and gout from doing so, the pope hereby grants to him, at the petition also of Edward king of England, that he is not bound to appear in person before the said cardinal within the said term, but may defend himself etc. by proctor. Romani pontificis providentia. (G. de Piccolominibus. | Jo. de Salas.) [In the margin: Augusti. 1 p. See below, p. 495.] |
13 Kal June.
(20 May.)
St. Peter's, Rome.
(f. 266.) |
To the abbots of St. Mary's Clare (de Forg[i]o alias de Clar) and St. Mary's Ynysgad and the prior of the secular and collegiate church of Inyskahyd, in the diocese of Killaloe (Laonien.). Mandate, as below. The pope has been informed by Thady Macho[n]marra (fn. 8) the younger, clerk, of the diocese of Killaloe, that after Martin V's reservation to himself and his successors of absolution from all sentences of excommunication etc. against simoniacs, Thady Machonmara, archdeacon of Killaloe and rector of the parish church called the rectory of Ocassin in the said diocese, on his being molested in regard to the said rectory of Ocassim (sic) by another Thady Machonmara, clerk, of the same diocese, he and the said other Thady made a bargain, to wit, that if the latter would let him remain in peace in the said rectory he would pay him yearly for life a part of the fruits etc. thereof, which he has done, besides dilapidating many of the goods of the archdeaconry, and allowing them to be taken possession of by others. The pope therefore orders the above three, if the said Thady the younger (who was lately dispensed by papal authority, on account of illegitimacy as the son of a clerk and an unmarried woman, to be promoted to all even holy orders and hold any compatible benefices of any number and kind, even if major or principal dignities etc.) accuses the said Thady, archdeacon and rector, before them, to summon him, and if they find the foregoing to be true, to declare him deprived of the said archdeaconry, and in that event to collate and assign it, a non-major nonelective dignity with cure, value not exceeding 40 marks sterling, to the said Thady the younger. Vite etc. (G. de Piccolominibus. | xxx. N. Bregeon. A. de Nepe. T. de Castello.) [In the margin: Maii. 2½ pp. The brief rubricella is: |
|
Laonien. Tatheus Machomarra junior. fo. cclxvi.
Theiner has, however, not made his cross opposite, nor on f. 266, and the bull does not appear in his Monumenta.] |