17 Kal. Oct.
St Peter's, Rome.
|To the bishops of St. Andrews, Dunkeld and Orvieto (Urbevetan.). Mandate, as below. It was set forth to Calixtus III on behalf of Richard Willi, (fn. 2) priest, of the diocese of Brechin, that he obtained possession of the perpetual vicarage of Dunde in the said diocese, by collation made first by authority of the ordinary and then by papal authority, on its voidance by the death of Richard Crag, and that John Thiri, rector of Lyni in the diocese of Glasgow, alleged that he had been presented to it, on its becoming void as above, by abbot James and the convent of the Benedictine monastery of Lindores in the diocese of St. Andrews, and that the late John bishop of Brechin unjustly refused to institute him; that from the said refusal and from Richard's obtaining of possession he appealed to the apostolic see, and that each of them appointed proctors in the Roman court for the prosecution of the cause; that Nicholas V committed the cause of the appeal, at John's instance, to Master Bernard de Bosco, and the same cause and that of the principal matter, at Richard's instance, to Master Orlandus de Bonarlis, both of them chaplains and auditors of the present as of the said pope, etc. (a long account of the litigation in the Roman court follows, and of alleged fraud by Gilbert Furster, archdeacon of Brechin, one of Thiri's proctors, who said that provision had been ordered to be made to him by papal authority, and of the said pope Calixtus's issue of a mandate of inquiry). Seeing that pope Calixtus died before the report was made, the present pope, having learned of Gilbert's fraud by the said report and by witnesses, restores Richard to his original condition as regards the suit, and restores him to possession of the vicarage, etc., and orders the above three bishops to restore him to possession, remove the said Gilbert and any other, and cause satisfaction to be made to Richard in respect of its fruits etc. received by Gilbert since he took possession etc. Moreover, after Richard has been thus restored, if Gilbert, after having been absolved, will have a judicial trial with Richard about the vicarage, (fn. 3) the above two bishops of St. Andrews and Dunkeld are to hear and decide such cause, enforcing the observance of their decision by ecclesiastical censure, etc. Justis et humilibus. (L. Dathus. | xxviii. Ja. Bouron. D. de Piscia.) [In the margin: Augusti. 5½ pp. Briefly in Theiner, Vet. Mon. Hib. et Scot. Hist. Illustr., p. 453, from ‘Reg. Tom. XLVII, fol. 2,’ i.e. the present Register. See also Cal. Papal Lett., X, pp. 250, 251 (with the spelling ‘Richard Trag’), and above, pp. 24, 38, 278, 306, 384.]