3 Non. Sept.
|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.]