Lateran Regesta 547
1459

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Institute of Historical Research

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J. A. Twemlow (editor)

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1933

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42-48

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'Lateran Regesta 547: 1459', Calendar of Papal Registers Relating to Great Britain and Ireland, Volume 12: 1458-1471 (1933), pp. 42-48. URL: http://british-history.ac.uk/report.aspx?compid=103813 Date accessed: 25 April 2014. Add to my bookshelf


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Lateran Regesta. Vol. DXLVII. (fn. 1)

1 Pius II.

De Exhibitis.

1459.
4 Kal. May.
(28 April.)
Florence.
(f. 71d.)
To the dean of Cloyne. Mandate as below. The recent petition of Gilbert Ylongaygh, priest, of the diocese of Cork, contained that after he had been dispensed by papal authority, on account of illegitimacy as the son of a priest and an unmarried woman, to be promoted to all even holy orders and hold a benefice even with cure and had, through the medium of certain of his friends, as the result of simony which at the time he was ignorant of but afterwards approved, obtained the perpetual vicarage of the parish church of Archabolog in the diocese of Cloyne, and had held it for about fourteen years, he, without having obtained absolution from the said simony and from the sentence of excommunication incurred thereby, and without having obtained other dispensation on account of the said defect, exchanged the said vicarage with Donald Ocrumyn, priest, of the diocese of Cloyne, for the perpetual vicarage of the parish church of Eglasmughitiala in the said diocese of Cork, the resignations being made to the bishop of Cork and Cloyne, who carried out the exchange, under pretext of whose collation and provision Gilbert took possession of the said vicarage of Eglasmughitiala, and has detained possession for about three years, and still detains it. The said collation and provision being therefore without force, and the said vicarage of Eglasmughitiala being still void as above, and the perpetual vicarage of the parish church of Gluoyndiothead in the said diocese of Cloyne being, as the pope has learned, void because Donald Ohyerlath, clerk, of the diocese of Cloyne, having obtained it by collation made by authority of the ordinary, has held it for more than a year without having himself ordained priest, and without dispensation, the pope hereby orders the above dean to absolve Gilbert from the crime of simony and from sentences of excommunication etc. incurred, enjoining penance, dispense him on account of any irregularity contracted, and rehabilitate him, and moreover, in the event of his so doing, to summon the said Donald and others concerned, and to collate and assign the said vicarages of Gluoyndiothead and Eglasmughitiala, value not exceeding 7 and 6 marks sterling respectively, to Gilbert, after he has duly resigned the latter, removing the said Donald. The pope hereby dispenses Gilbert to receive and retain together for life the said vicarages, and resign them, simply or for exchange, as often as he pleases, and receive and retain for life instead two other incompatible benefices, the fruits etc. of each of which shall not exceed a yearly value of 6 marks sterling, notwithstanding the said defect etc. Solet apostolice sedis. (P. and A. de Cortesiis. | P. xxxx. Decimo octavo Kal. Julii Anno Primo.de Varris.) [3¾ pp.]
4 Id. April.
(10 April.)
Siena.
(f. 90.)
To the archbishop of Tuam, the abbot of Holy Trinity, Tuam, and John de Burgo, a canon of Tuam. Mandate as below. Nicholas V (upon being informed by William Macega, [now] abbot of the Augustinian monastery of St. John the Evangelist, Tuam, then a secular priest, of the diocese of Tuam, that Donald, sometime abbot of the said monastery, had dilapidated etc. the goods thereof, and, a notorious fornicator, had uselessly consumed them with a concubine [whom] he kept in his house, by whom he had begotten offspring still living, and had by his neglect allowed the buildings of the monastery to fall into ruin etc.) ordered the then dean of Killaloe (Laonien.), seeing that William had no hope of obtaining justice in the city and diocese of Tuam, if and after William, after he had been received as a canon of the said monastery and had made his profession, accused Donald before the said dean, to summon Donald and others concerned, and if he found the foregoing to be true, to deprive and remove Donald, and in that event to make provision of the monastery to William [Cal. Papal Letters, vol. X, p. 598]. Afterwards, as William's recent petition to the present pope contained, Nicholas Ograda, then a canon of Killaloe (Leonien., recte Laonien.), under pretext of a commission by Odo Ohagayn, then dean of that church, proceeding to the execution of the said letters, by his definitive sentence deprived and removed Donald and made provision to William, who had made his profession, appointed him abbot, and committed to him the administration. And subsequently. upon a suit arising between William and Donald, who alleged that he had been unlawfully deprived and removed, and the cause having been ventilated for some time before Donatus archbishop of Tuam, not by papal delegation, the said William and Donald, by the mediation of the said archbishop, agreed upon certain arbitrators, and swore to abide by their decision, which arbitrators declared that the monastery lawfully belonged to William, and that he should remain, as he then was, in possession, and that Donald should duly obey him, and assigned to Donald certain fruits, or rather the greater part of the fruits etc. of the monastery, together with a certain parcel of its lands etc., thus dividing the monastery between William and Donald, in which sentence of arbitration William acquiesced by oath, and allowed Donald to take the said fruits etc. yearly, thereby incurring simony and the sentences etc. promulgated against simoniacs. Seeing, as the said petition added, that William, who for some time since the said agreement has taken a number of the fruits of the monastery, although few, doubts whether the said provision and appointment hold good, and seeing that the monastery is said to be still void as above, the pope hereby orders the above three to absolve William from simony and perjury and the temerity of swearing, as above, and from all sentences of excommunication, enjoining penance, etc., relax the said oath, decree him to be henceforth not bound to observe it, dispense him on account of any irregularity contracted, and rehabilitate him, and moreover, to summon Donald and others concerned, and if they find the said compromise etc. made by the said arbitrators to be to the prejudice of the monastery and of William, to annul them and restore the monastery to its former condition, and, after all so doing, to grant to William that the said provision and appointment and their consequences shall hold good from the date of these presents, even if the monastery, value not exceeding 20 marks sterling, be void as above, or by the death of Philip Ramy (or Rainy), or by the resignation of Thomas Otarpa, [now] a canon of the said order, or be void in any other way, and to do, decree and execute whatever else is necessary in regard to the foregoing. Ad ea ex apostolice. (A. and G.Gonne. | A. Gratis pro deo. Concor[diensis.]) [52/3 pp.]
1459. (fn. 2)
5 Kal. April.
(28 March.)
Siena.
(f. 143.)
To John Oconhour, a canon of Waterford. Mandate, at the recent petition of Robert Freyne, precentor of Waterford (containing that on the voidance of a canonry of Lismore and the prebend of Kilbarmedyne therein by the death of Walter Poer, Robert bishop of Lismore made collation and provision thereof to the said Robert, who in virtue thereof obtained and still detains possession, but now doubts whether the collation and provision hold good) to collate and assign the said canonry and prebend, value not exceeding 4 marks sterling, to Robert, if found fit.Dignum arbitramur. (C. and Ja. de Anagnia. | C. xx. Decimo octavo Kal. Maii Anno Primo. de Montepolitiano.) [2½ pp.]
4 Id. April.
(10 April.)
Siena.
(f. 159.)
To Master John Didaci de Coca, a chaplain of the pope and an auditor of causes of the apostolic palace. Mandate, as below. Nicholas V dispensed William Herysy, clerk, of the diocese of Glasgow, to receive and retain for life along with his parish church in Kirkghonzan in the said diocese any one other benefice. or without that church any two other benefices, with cure or otherwise incompatible, even if two parish churches or their perpetual vicarages or dignities etc., and to resign them, simply or for exchange as often as he pleased, and to receive and retain for life any two other benefices, even if parish churches or their perpetual vicarages or such mixed, as is contained in letters of Calixtus III, pope Nicholas having died before his letters were drawn up. William's recent petition contained that, having been dispensed as above, he, before the said letters in regard to the dispensation had been drawn up, and when holding the said church in Kirkghonzan, of which he had been in possession for ten years or more, obtained by canonical collation the parish church of Kells (de Kellis) in the diocese of Whiteherne, and holding the said two churches for about a month, obtained, by presentation of the prior and chapter of the Augustinian church of Whiteherne to Thomas bishop of Whiteherne, and institution by John Clerk, a canon of St. Mary's. Lincloudan, in the said diocese of Glasgow, the said bishop's vicar-general, after having resigned the said church of Kells, the parish church of Wigton in the said diocese of Whiteherne, on its voidance by the death of Hugh Kennedy; that, a cause having been introduced in first instance in the Roman court before a certain papal auditor between the said William, as defendant (reum) and possessor, and Gilbert Sm(er)les (? Sm(i)les), prosecutor (actorem), about the said church of Wigton, the latter obtained the promulgation of a definite and adjudicatory (adiudicatoriam) sentence, with condemnation of fruits and costs, against William, and the decreeing of the processes of execution; that William, in virtue of a certain papal commission and restitution, got restored to appeal from the said sentence, and got the cause of the appeal lodged on his behalf from the said sentence committed to the above auditor, from whom and from the said restitution made by him appeal was made (fn. 3) ; and that the said auditor, in the cause of the said appeal and restitution, is said to have proceeded to a number of acts short of a conclusion. The petition adding that it is alleged that neither William nor Gilbert has a right in or to the said church of Wigton, the pope hereby rehabilitates William on account of any irregularity contracted by the foregoing, etc., and orders the above auditor, if by the result of the suit he find that Gilbert has no such right, to collate and assign the said church, value not exceeding 30l. sterling, to William. Vite etc. (P. and Ja. Bigneti. | P. xxx. Sexto Non. Octobris Anno Secundo. de Varris.) [6 pp. See Cal.Papal Lett., vol. XI, p. 261.]
14 Kal. June.
(19 May.)
Ferrara.
(f. 187.)
To the dean of Tuam, and John Oculean and Rory (Ruarico) Oconry, canons of the same. Mandate as below. The recent petition of Richard de Burgo, priest, of the diocese of Tuam alias Mayo, contained that he impetrated and procured, by authority of certain papal letters, the collation to him of the rectory of the parish church of Roba Iulrera (recte in Kera) in the said diocese, then as now (etiam tunc) in the possession of Edmund (Edymundus) de Stantona, priest, of the same diocese; that at length, being unable to obtain justice in the city and diocese of Tuam on account of the power etc. of Edmund, he simoniacally received from Edmund a sum of money to the end that the should desist from such impetration, and renounce it and all right in or to the rectory in Edmund's favour, which he actually did thereby incurring the sentences etc. promulgated against simoniacs. The pope now (having been informed by Richard that Edmund has committed simony and has dilapidated etc. and uselessly consumed very many of the goods of the rectory, and openly kept a concubine, and that he is a dilapidator, an open simoniac and a notorious fornicator, and is greatly defamed of these and divers other crimes in those parts) orders the above three to absolve Richard from the said sentences etc., enjoining penance, dispense him on account of any irregularity contracted, and rehabilitate him, and after so doing, and if and after he accuses Edmund before them, to summon Edmund and others concerned, and if they find the foregoing to be true, to deprive and remove Edmund, and in that event to collate and assign the rectory, with cure and of the patronage of laymen, value not exceeding 8 marks sterling, whether void by such deprivation or by the non-promotion of the said Edmund to the priesthood within the lawful time, or by Richard's resignation, or in any other way, to Richard. Solet copiosa sedis apostolice. (A. and G. Gonne. | A. xxx. Concordien.) [4 pp.]
Prid. Kal. Aug.
(31 July.)
Mantua.
(f. 199d.)
To Judocus bishop of Hierapolis (Jeropolitan.), and John bishop of Cork (Corcagen.), [both] residing in the diocese of Utrecht (Traiecten.). Mandate in a matrimonial suit in the diocese of Utrecht. Humilibus supplicum votis. (P. and A. de Cortesiis. | P. Gratis pro deo. de Varris.) [22/3 pp.]
9 Kal. Aug.
(24 July.)
Mantua.
(f. 276.)
To the abbot of Middleton (de Choro [Sancti] Benedicti) in the diocese of Cloyne (Clonen.) and the dean and the precentor of Cloyne. Mandate as below. The recent petition of John Tyrri, priest, of the diocese of Cloyne, contained that on the voidance of the perpetual vicarage of the parish church of Karygtuathayl in the said diocese, of the patronage of laymen, by the death of William Tyrry, the said John's father, he, considering that he could not immediately succeed to his said father in the vicarage, but aiming at being able, with the help of William Ofloynd, priest, of the diocese of Killala (Aladen.), to break through the difficulty of such immediate succession, promised to give the lay patron a sum of money in order that he should present the said William Ofoloynd (sic) to the ordinary, with the object that the said William, having obtained the vicarage, should hold it for some time and then resign it in John's favour; and that the said patron, having received the money, duly presented the said William Ofloynd to the ordinary who, perhaps ignorant of the said corruption and bargains, instituted William; and that William, having under pretext of the said presentation and institution obtained possession of the vicarage, has detained it for more than a year, without purging his vicious entry thereto, thereby incurring the sentences of excommunication etc. for simony. (fn. 4) The said presentation and institution being therefore without force, and the vicarage being still void by the death of the said William; and moreover the rectory of the parish church of Raythcormayk in the diocese of Cloyne, of the patronage of laymen, being so long void (because Donald Ohedromayn, when holding the perpetual vicarage of the same church of Raythcormayl (sic), obtained the rectory thereof by collation made to him by authority of the ordinary, and has detained it together with the said vicarage of Raythcormayk for more than a month without dispensation, against ‘Execrabilis,’ and still detains it), that by the Lateran statutes its collation has lapsed to the apostolic see, the pope hereby orders the above three to absolve John (who was lately dispensed by papal authority, on account of illegitimacy as the son of a priest and an unmarried woman, to be promoted to all even holy orders and hold a benefice even with cure, after which he had himself so promoted) from the said sentences etc., enjoining penance, dispense him on account of any irregularity contracted, and rehabilitate him, and if and after they do so, and if and after John accuses William before them, to summon William and Donald and others concerned, and if they find the foregoing to be true, to decree and declare the said presentation and institution to have been and to be null, and remove William from his detention and occupation of the said vicarage, and in the event of their so doing, to collate and assign the said rectory of Raythcormayl (sic) and vicarage of Karygtuat[h]ayl, the value of each not exceeding 6 marks sterling, to John, removing Donald and any other unlawful detainers. John is hereby dispensed to receive and retain for life the said rectory and vicarage, notwithstanding [the said defect] etc., and notwithstanding that his father ministered in the vicarage. Solet copiosa. (P. and G. Gonne. | P. xxxii. Sextodecimo Kal. Septembris Anno Primo. de Varris.) [4⅓ pp.]

Footnotes

1 On the back of the volume is the usual modern description in Italian: ’Pio ii. 1459. Anno i. Lib. 5.’ A flyleaf has, in different contemporary hands: ‘Secundus de exhibitis anno primo domini nostri domini Pii pape secundi,’ the order ‘R(ecipe) Her(manne), A. [i.e. A. Concordiensis],’ and the answering ‘Rubricatus [est],’ below which is again ‘Rubricatus est etc.' A like contemporary description ‘Secundus … occurs also, as usual, on the bottom edge of the volume. There are i—cccxvi. ff. of text, a few of which are blank. The usual note by Mgr. Wenzel is absent.
2 In the year, viz. ‘millesimo quadringentesimo quinquagesimo octavo,' the ‘octavo’ has been cancelled and ‘anno’ substituted in the margin by C. [de Montepolitiano].
3 dictus Willermus, in vim certs commissionis apostolice et restitucionis, ad appellandum a sentencia predicta restitui, et causam appellacionis pro parte ipsius Willermi a sentencia predicta interposite tibi, a quo et restitucione predicta per te facta appellatum extitit, committi obtinuit.
4 Exhibita siquidam nobis nuper pro parte Johannis Tyrri presbyteri Clonensis diocesis peticio continebat quod olim perpetua vicaria parrochialis ecclesie de Karygtuathayl dicte diocesis, que de iure patronatus laicorum existit et quam quondam Willialmus Tyrry genitor dicti Johannis ac ipsius ecclesie perpetuus vicarius dum viveret obtinebat, per obitum dicti Willialmi qui extra Romanam curiam diem clausit extremum vacante, prefatus Johannes, considerans se non posse dicto genitori suo in dicta vicaria immediate succedere, ac ambiciose laborans ut per medium Willialmi Yfloynd presbyteri Aladensis diocesis quem ad hoc voluntarium vicium immediate successionis huiusmodi interrumpere posset, patrono laico dicte vicarie, ut ille prefatum Willialmum Ofoloynd ad (the word ‘ad’ is substituted in the margin by P. [de Varris] for some word which has been cancelled) dictam vicariam sic vacantem ordinario loci presentare curaret, certam pecuniarum summam tunc expressam dare et solvere promisit, ad effectum quod ipse Willialmus vicariam huiusmodi assecutus illam aliquandiu teneret et deinde ipsam in favorem eiusdem Johannis dimitteret; ipseque patronus, dictis per eum a prefato Johanne receptis pecuniis, eundem Willialmum Ofloynd corruptele huiusmodi conscium (these three words are difficultly legible, the ink having eaten away the paper) ordinario predicto alias tamen infra tempus legitimum ad dictam vicariam sic vacantem presentavit, necnon prefatus ordinarius forte corruptele et pactorum eorundem inscius auctoritate ordinaria prefatum Willialmum in perpetuum vicarium dicte vicarie eadem auctoritate instituit;ipseque Willialmus Ofloynd, presentacionis et institucionis huiusmodi pretextu eandem vicariam assecutus, illam, vicioso quem ad illam ut premittitur habuit ingressu non purgato, per annum et amplius de facto detinuit indebite occupatam, excommunicacionis aliasque sentencias censuras et penas contra talia perpetrantes a summis Romanis pontificibus predecessoribus nostris inflictas damnabiliter incurrendo.