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Vatican Regesta 518
1461-1463

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Institute of Historical Research

Publication

Calendar of Papal Registers Relating to Great Britain and Ireland, Volume 11: 1455-1464

Author

J. A. Twemlow (editor)

Year published

1921

Pages

687-695

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'Vatican Regesta 518: 1461-1463', Calendar of Papal Registers Relating to Great Britain and Ireland, Volume 11: 1455-1464 (1921), pp. 687-695. URL: http://british-history.ac.uk/report.aspx?compid=103774 Date accessed: 19 June 2013. Add to my bookshelf

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Contents

Vatican Regesta, Vol. DXVIII.
De Curia Footnotes

Vatican Regesta, Vol. DXVIII. (fn. 1)

De Curia

3 Pius II.

1461.
13 Kal. Sept.
(20 Aug.)
Tivoli.
(f. 8.)		 To John bishop of Arras, nuncio of the pope and the apostolic see, with the power of a legate de latere. Faculty to him (whom the pope is sending to the realm of France and the other parts of the Gauls, the realms of England and Scotland and the dominions of Philip duke of Burgundy, even those situate without the said realm of France, as nuncio of the pope etc. as above, for divers arduous business [not expressed]), to grant to a hundred persons within his legation to choose a fit secular or regular priest as their confessor, who may hear their confessions and grant them absolution for their sins etc., even in cases reserved to the apostolic see, and absolve them from all sentences of excommunication etc., once only, and enjoin penance. Cum te ad Francie. (G. de Piccolominibus. | Jo. Ghililberti, de Curia.) [½ p.]
Ibid.
(f. 8d.)		 To the same. Faculty to grant indult to twenty-five persons within his legation, who are lords of some place or knights or counsellors of some great prince, to have a portable altar, and in case of their being priests, to celebrate mass and other divine offices, or cause the same to be celebrated theron, in presence of themselves and their household servants. Cum te etc. (G. de Piccolominibus. | Servatius. de Curia.) [½ p.]
Ibid.
(f. 10.)		 To the same. Faculty to inquire and proceed against evil-speakers and detractors, lay and ecclesiastical, of the pope and the church and the officials thereof, etc. (G. de prorsus … Cum itaque te nos ad Francie etc. (G. de Piccolominibus. | A. de Collis. de Curia.) [2 pp.]
1461.
Ibid.
(f. 11.)		 To the same. Faculty to make collation and provision of any benefices, void or to become void during his legation, except major or principal dignities or conventual priories and provostships or other benefices generally reserved to the pope's gift, and provided that at the date of his collation no right therein has been specially acquired, make the necessary translations of religious from monastery to monastery, etc. Cum te etc. (G. de Piccolominibus. | A. Trapezuntius. de Curia.) [4 pp. Under the subscriptions at the end is: Fuerunt ex(pedi)te due duplicate scripte per G. Pele. For a similar note see below, f. 197.]
Ibid.
(f. 13.)		 To the same. Faculty to make collation and provision of any benefices which during his legation become void by the death of members of his household. (fn. 2) Cum te etc. (G. de Piccolominibus. | A. de Urbino. de Curia.) [1¾ pp.]
Ibid.
(f. 13d.)		 To the same. Faculty and power, in aid of the expenses which he will have to bear, to compel all collectors and sub-collectors of the papal Camera within his legation to render to him accounts of their receipts etc., summon them to his presence, and give them acquittance for what he receives. Cum te etc. (G. de Piccolominibus. | D. de Piscia. de Curia.) [1 p.]
Ibid.
(f. 26.)		 To the same. Faculty to him and his servants that the confessors of their choice may grant them, being penitent and having confessed, plenary remission of all their sins, once only, in the hour of death; with the usual clauses requiring the making of satisfaction to whom it is due, against abuse of the present grant, requiring fasting on Fridays, or, if already bound by penance or vow or otherwise to fast on Fridays, to do so on another day of the week on which they are free to do so, for a year after the present grant comes to their knowledge, or, if prevented from doing so during that year, in the following year or as soon as they can. (fn. 3) Cum[te] ad Francie etc. (G. de Piccolominibus. | Jo. de Callio. de Curia.) [1 p. +.]
Ibid.
(f. 26d.)		 To the same. Faculty to relax any vows of pilgrimage and abstinence and all other vows, and commute them into other works of piety, except only vows of pilgrimage to the Holy Land, Rome and Compostela and vows of religion. (fn. 4) Cum te etc. (G. de Piccolominibus. | Servatius. de Curia.) [½ p.]
Ibid. To the same. Faculty to receive the resignations, simply or for cause of exchange, of twenty-five benefices, with or without cure, secular or religious, provided that they be not major or principal dignities or conventual priories, and be not reserved to the pope or the apostolic see, and to make collation and provision thereof, make the necessary translations of religious from monastery to monastery, etc. Cum te etc. (G. de Piccolominibus. | N. Tungen. de Curia.) 41/5 pp.]
Ibid.
(f. 29.)		 To the same. Faculty to absolve from excommunication etc. those guilty of sacrilege, incendiaries, highway robbers and raiders of churches and monasteries, and ravishers of their goods, and their accomplices, after restitution and satisfaction as far as possible, and, in the case of those of them who are ecclesiastics, dispense them on account of irregularity and rehabilitate them, enjoining penance. If those to whom such restitution and satisfaction is due cannot be found, as much as can be recovered is to be devoted in aid of the fleet which the pope is preparing to send against the Turks. Cum te etc. (G. de Piccolominibus. | P. de Rubeis. de Curia.) [4/5 p.]
Ibid.
(f. 29d.)		 To the same. Faculty to grant the office of notary public to ten persons found fit by him after examination, provided that they be not married and that they have completed their twenty-fifth year, and that those of them who are in holy orders exercise the office in pious and ecclesiastical causes only; receiving from them their oath according to the form appended. Cum te etc. (G. de Piccolominibus. | Baudetus. de Curia.) [¾ p.]
Ibid.
(f. 30.)		 To the same. Faculty to absolve from excommunication etc. any persons who have laid violent hands on priests and clerks, even to bloodshed, but short of death or mutilation or other enormous injury, and in the case of those who are in holy orders to dispense them on account of irregularity, and in the case of those who are not yet in holy orders to dispense them to be promoted to all such orders and minister therein, rehabilitating such persons, etc. (G. de Piccolominibus. | N. Bregeon. de Curia.) [1½ pp.]
Ibid.
(f. 30d.)		 To the same. Faculty to dispense thirty persons on account of illegitimacy, even if the sons of unmarried persons, or of a priest and an unmarried or married woman, or of religious, etc., to be promoted to all even holy orders and hold two compatible benefices with or without cure, even if one be a canonry and prebend in a collegiate church, and (in the case of those of noble birth) in a cathedral even metropolitan church, and to resign them, simply or for exchange, as often as they please. Cum [te] ad Francie etc. (G. de Piccolominibus. | Jo. Giselberti. de Curia.) [1 p.]
Ibid.
(f. 31.)		 To the same. Faculty to grant remission of a year of enjoined penance to penitents who are present when he celebrates solemnly, or when he solemnly enters a city or other notable place for the first time and with a procession. Cum te etc. (G. de Piccolominibus. | Jo. Ghiselberti. de Curia.) [⅓ p.]
Ibid.
(f. 31d.)		 To the same. Faculty to absolve from excommunication etc. thirty religious men and women who have apostatized, dispense them on account of irregularity, and rehabilitate them, after temporary suspension and after enjoining penance, etc. Cum te etc. (G. de Piccolominibus. | T. de Castello. de Curia.) [¾ p.]
Ibid.
(f. 32.)		 To the same. Faculty to absolve from excommunication etc. all heretics, ecclesiastics and secular, enjoining penance, and in the case of ecclesiastics to rehabilitate them. Cum te etc. (G. … Curia), as in the preceding. [2/3 p.]
Ibid. To the same. Faculty to dispense a hundred persons in his legation, namely, those who hold one benefice with cure to receive and retain for five years another benefice with cure or otherwise incompatible, and those who hold no benefice with cure to receive and retain for five years any two benefices with cure or otherwise incompatible, even if major or principal dignities etc., or such mixed, and (in the case of graduates or persons of noble birth) even if two parish churches or their perpetual vicarages; moreover, to dispense persons illustrious and of a race of great barons, namely, those who hold two benefices with cure to receive and retain one other benefice with cure or otherwise incompatible, those who hold one to receive and retain two others, and those who hold none to receive and retain any three benefices with cure or otherwise incompatible, even if two of them be parish churches or perpetual vicarages etc., namely, two of such incompatible benefices for life and the third for seven years; and to resign them, simply or for exchange, as often as they please, etc. Cum te etc. (G. de Piccolominibus. | L. Therunda. de Curia.) [2⅓ pp.]

4 Pius II.

4 Id. Nov.
(10 Nov.)
St. Peter's, Rome.
(f. 33d.)		 To the same. Mandate not to execute in future his office, nor presume to use the faculties which the pope recently granted to him (namely, to collate benefices becoming void during his legation, dispense on account of defect of age and birth, etc.), outside the limits of the realm in which he is for the time being. Nuper dum te ad Francie etc. (G. de Piccolominibus. | A. de Senis. de Curia.) [1½ pp.]
1461[–2].
Prid.Non. March.
(6 March.)
St. Peter's, Rome.
(f. 79d.)		 Approbation and confirmation, at the recent petition of George bishop of Lismore alias Argyll, of the grant in frankalmoin for ever made by the late James king of Scots to the episcopal mensa of Lismore alias Argyll of the parish church of Dunovne, of his patronage; with union and appropriation by the pope himself hereby in perpetuity of the said church to the said mensa, value not exceeding 12l. and 140l. sterling respectively. Ad perp. rei mem. Ex iniuncto nobis. (G. de Piccolominibus. | xxxx. Spinosis pro Reate. S. Crusiliati. Baudetus.) [In the margin at the end: Martii. 1¾ pp. Theiner, Vet. Mon. Hib. et Scot. Hist. Illust., pp. 444, 445, No. 813, from ‘Reg. Tom. L. de Curia, lib. I. fol. 79,’ i.e. the present Register, with the year as ‘mcccclxii’ instead of ‘mcccclxi[i],’ See above, Reg. Vat. —, f. —.]
1461.
3 Non. Sept.
(3 Sept.)Tivoli.
(f. 80d.)		 To the archbishop of Crete and the bishops of St. Andrews and Lismore. Exemplification, at the petition of Patrick de Home, archdeacon of Teviotdale in the church of Glasgow, a papal notary, from the Register of Eugenius IV of the following letters of that pope, the original letters having been accidentally lost, viz.:—
The letters of pope Eugenius, beginning Exhibita nobis, addressed to Ardicinus cardinal deacon of SS. Cosmas and Damian's, and the abbots of Kelkow and Balmurynach in the diocese of St. Andrews, and dated at St. Peter's, Rome, in 1432[–3], Prid. Kal. March (28 Feb.) anno 2. They relate that the petition of William Groyser (sic), archdeacon of Teviotdale, contained that although there belong to the archdeacon thereof for the time being the right of jurisdiction and the exercise thereof within the bounds of the said archdeaconry, namely the right to hear and decide all criminal, civil, profane, matrimonial, testamentary, beneficial, spiritual, personal, real and mixed causes against all persons, cleric and lay, inquire into crimes and excesses of clerks and lay persons belonging to the ecclesiastical forum, and punish and correct them, receive and publish, confirm and execute wills, inflict and remit all spiritual and pecuniary sentences etc. on the said clerks and persons in connexion with such crimes etc., excommunicate and suspend, imprison, punish with the ladder (inscalandi) and release delinquents, even clerks, interdict places, absolve from ecclesiastical sentences and pains, exercise the cure of souls, institute in benefices and remove therefrom and deprive, visit parish churches, priories etc. and the persons thereof, exact and receive therefrom procurations and synodals, dispense such persons, and exercise all other things which were wont to be done and exercised by any bishop ordinary, those things excepted which concern the ministry of consecration; and that although he and his predecessors had been in peaceable possession from time immemorial of the said right and exercise, nevertheless John bishop of Glasgow and Robert Penneg (? rectius Penuen) and John Ayton, his officials (officiarii), falsely alleging the said right and exercise to belong to the bishop only, have despoiled the said William thereof, taking the fruits [arising] therefrom, have prohibited the persons within the said bounds to obey him as regards such right and exercise, and in many other ways disturb him etc.; that, a suit arising between him and the said bishop and officials, Martin V, at the said William's instance, committed the cause, the parties being sufficiently present in the Roman court, to John de Mella, a papal chaplain and auditor, who by his definitive sentence pronounced the said spoliations etc. unlawful etc., imposed perpetual silence on the said bishop and officials, removed them from such jurisdiction and exercise, restored William thereto, and ordered the said persons to obey him and his mandates, and condemned the said bishop and officials in fruits etc. taken and in the costs; that the appeal of the said bishop and officials was, pope Martin having died, committed by pope Eugenius to Master Lewis Pontanus of Rome (de Urbe), a papal chaplain and auditor, who by his definitive sentence pronounced the sentence by the said auditor John to have been and to be good, and confirmed it, and the said appeal to have been and to be bad, and condemned the said bishop and officials in the further fruits taken meanwhile and to be taken in future, and in the costs incurred before him. The further appeal of the bishop and officials from the sentence of auditor Lewis was committed by the said pope to Master John Walling, a papal chaplain and auditor, who by his definitive sentence has pronounced the said sentence etc. by auditor Lewis, except in one part, (fn. 5) to have been and to be good, confirmed the said sentence, pronounced the appeal of the said bishop and officials to have been and to be bad, and condemned them in further fruits and costs, the said costs being subsequently taxed by the said John de Mella, Lewis and John Walling at 32, 20 and 18 gold florins of the Camera respectively. Afterwards, upon its being set forth by William to the said pope Eugenius that the words of the sentence of the said auditor John de Mella were shorter than in their libellus, and that he had not distinctly and at length pronounced upon them, (fn. 6) the said pope gave commis-’ sion to the said auditors Lewis and John Walling to declare within a fortnight the said sentence of auditor John, as at the time of its delivery it could have been declared, and to administer justice to the said parties, which said auditors Lewis and John Walling declared by their definitive sentence that the said right and exercise had belonged and did belong to the archdeacon for the time being, as is said to be more fully contained in the public instruments drawn up in the matter, sealed with the seals of the said auditors. The said petition adding that William doubts whether the said bishop and officials will obey the said sentences, namely, those of John [and] Lewis, in the part not excepted, and that of John Walling, and the processes to be had in virtue of these presents, and whether the said processes can be safely published to the said bishop and officials and others concerned, pope Eugenius hereby orders the above cardinal and abbots solemnly to publish the said sentences of John and Lewis, in the part not excepted, and that of John Walling, where and when expedient, restore William to possession of the said right and exercise in which he and his predecessors were, as above, defend him therein, etc., cause satisfaction to be made to him in regard to fruits etc. and costs, aggravate their processes, compelling by ecclesiastical censure without appeal, invoking the aid of the secular arm if necessary, the said pope granting faculty to make citations by public edict in the neighbouring parts, which shall be as binding on the said bishop and officials etc. as if personally served, etc. [The foregoing bull of Eugenius IV does not occur in Cal. Papal Lett. vol. VIII and IX, nor the commission by Martin V to John de Mella.]
The present pope furthermore decrees that the foregoing exemplification shall everywhere have the same force as the original letters, and orders the above archbishop and bishops to summon the present bishop of Glasgow and officials and others concerned, and proceed to the execution of the said letters in all respects, as if the said sentences had been delivered to the said Patrick personally and the said letters had been directed and presented to the said archbishop and bishops during the lifetime of the pope's said predecessor, and as if they had begun to proceed to execute them. Provisionis nostre. (G. de Piccolominibus. | xxxv. M. Amici. A. de Nepe. L. Therunda.) [In the margin: Augusti. 9⅓ pp. The rubricella is:
Transumptum.
Patricio de Home (fn. 7) conceditur transumptum litterarum domini Eugeniipape iiii.
fo. lxxx.
i.e. without the name of any diocese, so that Theiner passed it over. It follows immediately after the rubricella of the foregoing union of the church of Dunovne to Lismore, and, as in that case the catch-words ‘Unio Lismoren.’ occur in the margin of the rubricelle, Theiner made his usual cross.]

1 Pius II.

1458.
8 Kal. Dec.
(24 Nov.)
St. Peter's, Rome.
(f. 137d.)		 To John Omurchu, clerk, of the diocese of Kilmore. Reservation to the pope's gift, for collation to him (who was lately made a clerk notwithstanding his illegitimacy as the son of a clerk and an unmarried woman related in the simple third degree of kindred) of a benefice with or without cure, even if an administration or office in a cathedral church, or a canonry and prebend in a collegiate church, value not exceeding 25 marks sterling if with cure or 18 if not, in the collation etc. of the bishop and the chapter etc. of Kilmore; with dispensation to be promoted to all even holy orders and receive and retain such benefice, and to resign it, simply or for exchange, as often as he pleases, notwithstanding the said defect etc. Vite etc.
| Concurrent mandate to the archbishop of Tuam and John Ogouuand and Eugenius Mamacconkagry, canons of Ardagh. Hodie dilecto filio. (fn. 8) (G. de Pi[c]colominibus. | Gratis pro deo. Juravit Hibernicus. S. de Spada. Fuontes. Ja. de Buccapadulibus. In the right-hand margin is a repetition of Gratis pro deo.) [In the left-hand margin:Februarii. 5 pp. The brief rubricella is:
Expectativa.
Johanni Omurchu conceditur expectativa.
fo. cxxxvii.
As this gives no clue to the diocese, Theiner passed it over.]

5 Pius II.

1463.
— (fn. 9)
St. Peter's, Rome.
(f. 197.) (fn. 10) 		To all and singular to whom the present letters shall come. Requesting a safe-conduct, during three years only, for Gerald elect of Cork and Cloyne, papal nuncio and commissary, and Thady Clerk, a Friar Preacher and a scholar in theology (whom the pope has joined to the said Gerald elect for the easier execution of the matters committed to him), who have to go in person to divers parts of the world, expecially to Ireland, for the prosecution of certain business of the pope and concerning the catholic faith and the rest of the faithful. Cum dilecti filii. (Marcellus. Jo. de Tartarinis. de Curia.) [1⅓ pp. Below the foregoing subscriptions at the end, viz., Jo. de Tartarinis. de Curia, is the note: Fuit expedita alia bulla similis dupplicata (sic) per eundem scriptorem et sub eadem data. The rubricella is:
Passus.
Geraldo electo Corkagen. conceditur littera passus.
fo. cxcvii.
As Theiner looked down the catch-words in the left-hand column he missed the mention of the diocese.]
4 Kal. Aug.
(19 July.)
Tivoli.
(f. 247.)		 [Assignment etc., as above, Reg. Vat. CCCCXCIII, f. 4,] Walter bishop of Norwich having lent to the pope and the papal Camera, free of interest, the sum of 2,000 florins of gold of the Camera, ‘quam summam duorum milium florenorum sicut premittitur mutuatorum etc. Registrata largo modo de verbo ad verbum libro xxvi. bullarum quinterno ii. per errorem, sub data Tibure anno mcccclxiii°. xiiii°. Kal. Augusti pontificatus nostri anno quinto. The bull begins: Ad fut. rei mem. Apostolice sedis providentia. (G. de Piccolominibus, below which is Card(inalis). | Jo. de Sala.) [In the margin is Assignamentum. See the next following licence.]
Ibid.
(f. 253.)		 To Walter bishop of Norwich. Licence and faculty (he having lent to the pope and the papal Camera 2,000 gold florins of the Camera in ready money, and the pope having assigned to him the said sum upon the fruits etc. of the said Camera in England), in order that the said assignment may profit not only him but also his church or his kinsmen and the persons dear to him, to give, assign, bequeath etc., in whole or in part, the said sum, thus to him assigned, to his church or any other pious places or persons, alike kinsmen and strangers, clerks or laymen; and for the said church etc. to receive the same etc., as if the assignment had been made to them personally. Consuevit apostolice sedis immensa. (G. de Piccolominibus, below which is Card(inalis). | Coll(ationata) B. Ja. de Salas.) [¾ p. See the preceding assignment.]

Footnotes

1 On the back of the volume is the usual modern red leather label, with: ‘Pii ii. S. (an anticipation of the label of the next following register and therefore cancelled, but very imperfectly) de C. An. iii. iv. v. Lib. i.,’ and on the bottom edge of the volume is the contemporary description: ‘Littere de Curia’ (the rest illegible). Inside the volume is the front half and also (which is exceptional) the back of the back of the original stout parchment binding, with the contemporary descriptions, viz., on the former ‘Liber primus de Curia Pii pape secundi.’ and several unimportant contemporary notes and the usual 16th cent. ‘Vis(a) V(ictorius) Cl(ementinus)’; and on the latter the contemporary ‘Pius ii,’ below which is the later ‘i. mere de Curia.’ The Rubricelle, of which there are 19 pp., are headed: ‘Rubricelle primi libri de Curia sanctissimi domini nostri domini Pii pape ii. incipiunt prout sequitur,’ and at end is the word ‘Finis’
2 per familiarum tuorum decessum vel decessus exnunc inantea legatione tua huiusmodi durante vacantia. The Rubricelle, viz., ‘Facultas eidem conferendi beneficia familiarium suorum cedentium vel decedentium etc.’ is thus incorrect.
3 Et insuper quod per unum annum a tempore quo presens nostra concessio ad tuam et ipsorum familiarium noticiam pervenerit computandum singulis sextis feriis, impedimento legittimo (sic) cessante, jeiunetis: quod si predictis feriis ex precepto ecclesie singulari observancia iniuncta penitencia voto vel alias jeiunare teneamini, una alia die singularum septimanarum ejusdem anni, qua ad jeiunandum ut premittitur non sitis astricti, jeiunetis. Et si in dicto anno vel aliqua eius parte essetis legittime (sic) impediti, anno sequenti vel alias quam primum potueritis modo simili supplere huiusmodi jeiunium teneamini. Datum …
4 ultramarino et beatorum Petri et Pauli ac Jacobi in Compostella apostolorum et religionis votis duntaxat exceptis.
5 preterquam in ea parte quam possessio premissa sit exclusiva jurisdictionis seu possessionis dicti episcopi pro tempore existentis.
6 quod verba sententie Johannis de Mella auditoris huiusmodi magis brevia forent quam in eodem libello contincbantur, nec super illis distincte et extense per eundem Johannem auditorem pronuntiatum foret. …
7 With a minim too many, making ‘Homie’ or ‘Honne.’
8 Here ‘Omurku.’
9 A space was left for the day of the month, but not utilised.
10 On ff. 213d.-217r. is the annual bull of excommunication in die jovis sancta, dated 1463, 7 Id. April anno 5, with the usual mention of the ‘Vicleviste.’