6 Kal. June. (27 May.) Macereto in the diocese of Siena. (f. 148) |
To the bishop and the official of Kilmacduagh (Duacen.), and Donatus Oumyllcachlynd (? recte Oumylleachlynd), a canon of Annaghdown. Mandate as below. The recent petition of John Onnadagayn (recte Omadagayn), priest, of [the diocese of] Annaghdown, contained that on the voidance of the archdeaconry of Annaghdown, a non-major dignity, by the death of Maurice Micricardmareda (fn. 3) , Donatus bishop of Annaghdown (fn. 4) made collation and provision by his ordinary authority to the said John, who in virtue thereof obtained possession; and that afterwards the said Donatus archbishop of Tuam, (fn. 5) without any form of law, deprived John, who however always remained, and still remains, in possession of the archdeaconry, taking the fruits thereof. At the said petition, which added that John doubts whether the said collation and provision hold good, on account of the aforesaid and certain other causes, the
pope hereby orders the above three to collate and assign to him (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) the said archdeaconry, non-elective and without cure, value not exceeding 8 marks sterling; whether it be void as above or by the resignation of Milerus Valen(sis), or in any other way. John is hereby dispensed to receive and retain it, and to resign it, simply or for exchange, as often as he pleases, notwithstanding the said defect etc. Vite etc. (P. and A. de Tuscanis. P. x. Residuum pro deo. Quarto Kal. Julii Anno Secundo. de Varris.) [3⅓ pp.] |
4 Kal. June. (29 May.) Macereto in the diocese of Siena. (f. 156d.) |
To the dean and John Margillavanch (recte Macgillavan[a]ch), a canon of Kilmacduagh (Duacen.). Mandate as below. The recent petition of Dermit Odallyan, perpetual vicar of the parish church of Kylliorne (recte Killcorne) in the diocese of Kilfenora, contained that after, on the voidance of the chancellorship of Kilfenora by the resignation of the late Nemeas Miegeruaster (recte Micgeruaster) to Denis bishop of Kilfenora, provision had been made thereof by papal authority to the said Dermit, John Margeruaister (sic), clerk, of the same diocese, alleging that provision had been made to him in a certain way, and that he had obtained possession, and that Dermit was hindering his peaceable possession, obtained papal letters addressed to the bishop of Kilmacduagh and the above dean and canon John. with the ‘if not all, then two or one of them clause, and under pretext thereof caused Dermit to be summoned before the said dean and canon; that, after they had proceeded, short of a conclusion, Donatus Ochomibayd, clerk, of the said diocese, falsely set forth to the present archbishop of Cashel, the said bishop of Kilfenora's metropolitan, that the chancellorship was void in a certain other way, and had been void so long that its collation had by the Lateran statutes lapsed to the said archbishop; that the archbishop therefore made collation and provision by his metropolitical authority to Donatus, and gave commission and mandate to Denis Ochorcrid, (fn. 6) treasurer of the said church [of Kilfenora], to induct him, wherefore Dermit appealed to the apostolic see from the archbishop's collation and provision and from certain grievances inflicted on him by the said Denis in exceeding the limits of the said mandate; that after Dermit, whom Donatus caused to be imprisoned, had been liberated, fearing that if he refused to have recourse to arbitration, as Donatus wished, he would be imprisoned again or incur danger of death or exile, he, moved by reasonable fear, (fn. 7)
agreed by oath with Donatus to choose as arbitrator Roderick (Trodricum. recte Rodricum) Olochlind, clerk,
of the said diocese, and to abide by his decision; and that the said Roderick (Trodricus), unjustly proceeding, ordained that Donatus should have the chancellorship, and should assign to Dermit for life by way of farm a certain parcel of tithes and fruits situate within the bounds of the said vicarage and belonging to the chancellorship, together with a certain other sum of money by way of a yearly pension. At the said petition, which added that it was on account of the said fear that he agreed on the choice of the said Roderick, and that it is alleged by some that neither Dermit nor John nor Donatus has a right in or to the chancellorship, the pope orders the above three, inasmuch as Dermit (who is a priest, and 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, and subsequently, after he had been so promoted, to receive and retain [for life] the said chancellorship and perpetual vicarage of the said church of Killcorne, provision of both of which, on their successive voidance, was ordered by certain papal letters to be made to him) cannot from fear of Donatus's power safely meet him within the city and diocese of Kilfenora, to summon Donatus and others concerned, relax Dermit's said oath, hear both sides to the cause, decide what is just without appeal, causing their decision to be observed by ecclesiastical censure, and if, by the result of the suit, they find that neither Dermit nor John nor Donatus has a right in or to the chancellorship, to collate and assign it, a nonmajor dignity with cure, value not exceeding 5 marks sterling, howsoever void, to Dermit; notwithstanding that he (who was lately dispensed by papal authority to receive and retain for life the said chancellorship and vicarage, as above) holds the said vicarage, value not exceeding 2 marks sterling. He is hereby dispensed to receive the chancellorship, and to retain it for life together with the vicarage, and to resign them, simply or for exchange, as often as he pleases, and hold for life instead two other compatible benefices, notwithstanding the said defect etc. Vite etc. (P. and A.de Tuscanis. | P. xx. Residuum gratis pro deo. Sexto Id. Julii Anno Secundo. de Varris.) [6 pp. +.] |