Lateran Regesta 583
1463

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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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168-173

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'Lateran Regesta 583: 1463', Calendar of Papal Registers Relating to Great Britain and Ireland, Volume 12: 1458-1471 (1933), pp. 168-173. URL: http://british-history.ac.uk/report.aspx?compid=103851 Date accessed: 29 August 2014.


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Lateran Regesta, Vol. DLXXXIII. (fn. 1)

5 Pius II.

De Exhibitis

1463.
11 Kal. May.
(21 April.)
St. Peter's, Rome.
(f. 16d.)
To the bishop of Glasgow, and Thomas Penven and William Elfinston, canons of Glasgow. Mandate as below. The recent petition of the bailies and inhabitants of the town of Pebelys in the diocese of Glasgow contained that at a time beyond the memory of man a certain piece of the true Cross of our Lord was miraculously translated from beyond the seas to the chapel of the Holy Cross near the said town of Pebelys, and that thenceforward the said bailies and inhabitants caused the said relic to be honourably preserved with the greatest devotion, sometimes by a secular priest, sometimes by a Trinitarian friar, removable at their pleasure, who had the custody of the said relic and the necklaces, jewels and treasures kept in the said chapel; that for the last fifteen years some of the friars of the said order have, by leave of the said bailies and inhabitants, governed the chapel, but that lately the bailies and inhabitants (perceiving that, as was manifest, on account of the neglect of the said friars, the said relic, necklaces and jewels were often diminished, and that a certain part of the relic had been cut off, and that it was feared that it might be stolen by the said friars and carried away to other parts) expelled the said friars, with intent to preserve the said relic in future with the greatest devotion, as had been wont, and to cause the said chapel to be laudably governed in spirituals and temporals. (fn. 2) At the petition therefore both of James king of Scots, who alleges that he has a singular devotion to the said relic, and of the said bailies and inhabitants, the pope hereby orders the above three to approve the expulsion of the said friars by the bailies and inhabitants, erect the said chapel, which has not hitherto been collated as a title of a perpetual benefice, into such a benefice without cure for a secular priest or clerk, to be presented by the bailies and inhabitants to the bishop of Glasgow, and by him instituted, and to have the care and rule of the said chapel and relic, and moreover to reserve and grant the right of patronage and presentation thereto, both for this first turn and for each future voidance, to the said bailies and inhabitants. (fn. 3) In the event of their doing the foregoing, they are to collate and assign the said chapel, void from this first erection into a perpetual benefice, and value not exceeding 8l. sterling, to William Gilberti, priest, of the said diocese, provided that the said bailies and inhabitants consent. (fn. 4) Pastoralis officii. (H. and A. de Cortesiis. | H. lxx. Folani.) [3 pp.]
15 Kal. June.
(18 May.)
St. Peter's, Rome.
(f. 55d.)
To the bishop of Orte, the archdeacon of Brechin and the official of Caithness. Mandate as below. It was this day set forth to the pope on behalf of Andrew Wyschar[t], priest, of the diocese of St. Andrews, that on the voidance of the treasurership of Caithness, a non-major dignity with cure, by the resignation of William Tulaen (recte Tulach), now bishop of Orkney, then of lower rank, (fn. 5) to William bishop of Caithness, and admitted by that bishop by his ordinary authority, the said bishop of Caithness made collation and provision of it to the said Andrew, who had been previously 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, but had obtained no other canonical dispensation in the matter, under pretext of which collation and provision he obtained possession of the treasurership and was still detaining it, taking the fruits, though few. The pope has therefore by other letters rehabilitated Andrew, but required him to resign. The said collation and provision being therefore without force, and the treasurership still void as above, the pope hereby orders the above three to collate and assign it, not elective and value not exceeding 9l. sterling, to Andrew, who after the said dispensation had himself promoted to all holy orders, and who is hereby specially dispensed to receive and retain it, notwithstanding the said defect etc. Vite etc. (P. and G. Gonne. | P. xxviii. Pridie Non. Junii Anno Quinto. de Varris.) [4 pp.]
1462[–3].
16 Kal. April.
(17 March.)
St. Peter's, Rome.
(f. 99d.)
To the treasurer and the precentor of Cloyne (Clonen.), and Gerald de Geraldinis, a canon of the same. Mandate, at the recent petition of Cornelius Ochoyffe, priest, of the diocese of Cloyne, containing that formerly Jordan bishop of Cloyne, considering that the fruits of the rectory and also of the perpetual vicarage of the parish church of Kylley in his diocese, which are of the patronage of laymen, were too slight for the maintenance of a rector and a perpetual vicar, and that the rectory and vicarage could, as was previously the custom, be conveniently served by one rector, united them; that upon the voidance of the said rectory and annex by the resignation of John Brennach to the said bishop, and the bishop's admission thereof by his ordinary authority, the lay patron of the said rectory and annex presented the said Cornelius as rector to the said bishop, who instituted him, in virtue of which presentation and institution Cornelius obtained possession of the said rectory and annex, and is still in possession, but now doubts whether the said union, presentation and institution hold good. The rectory and vicarage being therefore still void as above, the pope hereby orders the above three to summon those concerned, and if they find that the said union was lawful, to decree that it holds good, and to collate and assign the rectory and vicarage, value not exceeding 15 marks sterling, whether void as above, or still void by the death of William Ohuryn, or void in any other way, to Cornelius.Apostolice sedis. (P. and Fabricius. | P. xxxviii. Undecimo Kal. Aprilis Anno Quinto. de Varris.) [3¾ pp.]
1463.
4 Non. April.
(2 April.)
St. Peter's, Rome.
(f. 173d.)
To the abbot of Holywood (Sacri nemoris) in the diocese of Glasgow. Mandate as below. The recent petition of John Makkee, priest, of the diocese of Glasgow, M.A., contained that on the perpetual vicarage of the parish church of Drumfresse (sic) in the said diocese becoming void by the death of John Aton, Richard abbot of the Benedictine monastery of Calbo (sic) in the diocese of St. Andrews, the ancient patron, presented the late George Schoriswod, clerk, to Andrew bishop of Glasgow, who instituted him, in virtue of which presentation and institution he obtained possession; that after he had been in peaceable possession for three years Gilbert Reryk, clerk, of the said diocese of Glasgow, falsely alleging that the vicarage was void, and that George was unduly detaining possession, obtained letters of the present pope to William Elfinston, a canon of Glasgow, ordering him to summon George and others concerned, and to collate and assign the vicarage, void as above or howsoever void, to the said Gilbert; that Gilbert, under pretext of the said letters, brought George before the said canon, and that after the canon had proceeded, but short of a conclusion, George appealed to the apostolic see from a sufficient grievance inflicted on him by the said canon. Seeing that, as the pope has learned, George, being in possession of the vicarage, has, before the appeal cause had been committed to any one, died without the Roman court and more than two days’ journey therefrom, whither he was coming on business; and the said John alleging that he holds no benefice, and that, although a month has elapsed, the said Gilbert has not got himself surrogated to George's right in or to the vicarage, the pope hereby orders the above abbot to summon Gilbert and others concerned, hear the appeal cause and that of the principal matter, and decide it without appeal, causing his decision to be observed by ecclesiastical censure, and moreover, after the cause has been lawfully introduced before him, to surrogate John to all the said George's right, and to collate and assign such right to him, etc., and furthermore to collate and assign to him the vicarage itself, with cure and value not exceeding 18l. sterling, whether void by the death of the said John Aton or of the said George, or in any other way. Litterarum sciencia, vite etc. (P. and A. de Cortesiis. | P. xxx. Decimo Kal. Maii Anno Quinto. de Varris.) [32/3 pp.]
18 Kal. July.
(14 June.)
St. Peter's, Rome.
(f. 239d.)
To the bishop and the dean of Elphin, and Cormac Ohedyan, a canon of the same. Mandate, at the recent petition of Fergallus Obrucan, a canon of Elphin (containing that on the voidance of the perpetual vicarage of the parish church of Kyllucyn in the diocese of Elphin by the death of John Mecheaig, William bishop, then of Elphin, now of Emly (Emblicen.), made collation and provision of it by his ordinary authority to the said Fergallus, who in virtue thereof obtained and still holds possession, but now doubts whether the said collation and provision hold good) to collate and assign the said vicarage, value not exceeding 4 marks sterling, whether it be void as above, or by the death of Fergallus Ybruchan or Luke (Lucius) Igunur, or by the resignation of the said John, Fergallus or Luke or of Cormac Yhedyan, or be void in any other way, to the said Fergallus; notwithstanding that he holds a canonry and prebend of Elphin, value not exceeding 12 marks sterling. Vite etc. (P. and M. Amici. | P. xx. Nono Kal. Julii Anno Quinto.de Varris.) [2 pp.]
1462[–3].
Kal. March.
(1 March.)
St. Peter's, Rome.
(f. 268d.)
To the abbots of Mekos (recte Melros) and Kilwining and the prior of Lesmahagow (Sancti Macuti), in the diocese of Glasgow. Mandate, as below. The recent petition of Thomas Waus, dean of Glasgow, contained that upon Richard Cady, priest, of the diocese of Glasgow, falsely relating to Thomas Macgilhauc, priest, of the said diocese, (appointed as the sub-executor, as he alleged, of a certain definitive sentence in favour of the said Richard and against the said Thomas Waus and certain others then expressed, by which sentence, he alleged, the said Thomas Waus and others were condemned in certain fruits and costs) that the said Thomas Waus was lawfully bound to give and pay him the said fruits and costs, (fn. 6) the said Thomas Macgilhauc, at such false relation, and without taking any previous cognisance thereon, proceeding without warning, (fn. 7) monished and ordered Waus to make satisfaction to Richard within a certain time and under pain of excommunication etc. in respect of the said fruits and costs; that although Waus offered to make satisfaction before Macgilhauc, in a fitting place and time, for his share, when determined (cum liquidata esset), of the said fruits and costs, nevertheless Macgilhauc, at Richard's instance, excommunicated Waus, and ordered and caused him to be publicly proclaimed excommunicate, because he had not paid the said fruits and costs, which he was not bound to do, except for his share, in respect of which latter he was ready to make satisfaction as aforesaid, wherefore Waus, as soon as this came to his knowledge, appealed to the apostolic see. At the said petition, the pope hereby orders the above three to summon Richard and others concerned and, after receiving from him the usual pledge of obedience in case they find the said sentence of excommunication to have been just, to absolve him conditionally (ad cautelam) from the said sentence, hear both sides, and decide what is just without appeal, causing their decision to be observed by ecclesiastical censure. Humilibus supplicum votis. (H. and M. Amici. | H. xii. Folani.) [1½ pp.]
1463.
4 Non. June.
(2 June.)
St. Peter's, Rome.
(f. 299.)
To the bishop of Sodor, the archdeacon of Argyll alias Lismore, and Oliver Principis, a canon of Angers. Mandate, at the recent petition of Cristinus Brictii, (fn. 8) priest, of the diocese of Sodor (containing that formerly, on the voidance of the rectory of the parish church of Kilkerran (sancti Kaermani) in Kintire, in the diocese of Argyll alias Lismore, of the patronage of laymen, by the death of Duncan Patricii, the patron, John de Yle, layman, presented him to George bishop of Argyll alias Lismore, who instituted him, but that he now doubts whether the presentation and institution hold good) to collate and assign to him the said rectory, value not exceeding 7 marks sterling. Vite etc. (P. and G. Gonne. | P. xxii. Sexto Id. Junii Anno Quinto. de Varris.) [2½ pp.]

Footnotes

1 On the back of the volume is the usual modern description in Italian: ‘Pio ii. 1462. Anno 5. Lib. i.’ There is no contemporary flyleaf, and f. i. is also missing. The usual contemporary description occurs, however, on the bottom edge of the volume, viz.: ‘Primus de exhibitis anno quinto domini nostri domini Pii pape secundi.’ The text extends from f. ii. to f. cccxv. Mgr. Wenzel's numeration note does not occur.
2 Exhibita siquidem nobis nuper pro parte dilectorum filiorum baillivorum incolarum et habitatorum ville de Pebelys Glasguensis diocesis peticio continebat quod dudum miraculose effectum est ut quedam pars unice crucis domini de partibus transmarinis ad capellam sancte crucis prope villam de Pebelys eiusdem diocesis a tanto tempore cuius inicii vel contrarii hominum memoria non existit translata fuerit, et extunc baillivi incole et habitatores predicti maxima cum devocione reliquiam ipsam aliquando per unum presbyterum secularem, quandoque vero per unum ex fratribus ordinis sancte trinitatis redempcionis captivorum ad eorum nutum amovibilem, qui eiusdem reliquie ac monilium iocalium et clenodiorum inibi positorum custodiam haberent, honorifice conservari fecerunt, a quindecim tamen annis citra nonnulli fratres eiusdem ordinis baillivis incolis et habitatoribus huiusmodi hoc tollerantibus capellam ipsam gubernarunt, sed pridem ipsi baillivi incole et habitatores, animadvertentes prout facti evidencia demo[n]strabat quod propter eorundem fratrum incuriam negligenciam et inadvertenciam reliquia monilia et iocalia huiusmodi sepe numero diminuebantur ac quedam pars ipsius reliquie abscissa fuerat, et eciam plurimum dubitabatur ne dicta reliquia furtive per eosdem fratres subtraheretur et ad alienas partes transfe[r]retur, fratres predictos expullerunt (sic), intendentes de cetero reliquiam huiusmodi cum maxima devocione prout consuetum erat preservare ac capellam ipsam in spiritualibus et temporalibus facere laudabiliter gubernari.
3 necnon ius patronatus ac presentandi personam ydoneam ad ipsam capellam tam pro hac vice prima quam quociens illam deinceps vacare contigerit bailliviis (sic) … dicte ville pro tempore existentibus reservare et concederecuretis.
4 Et nichilominus siconcessionem huiusmodi per vos vigore presencium fieri contigerit, ut prefatur, capellam predictam cuius fructusocto librarum sterlingorumvalorem annuumnon excedunt, ab huiusmodi primeva ereccione in perpetuum beneficium ecclesiasticum ut prefertur erectam vacantemeidem Willelmoconferre et assignare curetis
5 tunc in minoribus constitutus existens.
6 petitio continebat quod olim dilecto filio Richardo Cadyfalso referente dilecto filio Thome Macgilhanc presbytero dicte diocesis subexecutori ut dicebat sibi per processus super executione cuiusdam diffinitive sentencie pro dicto Richardo et contra Thomam Waus prefatum et certos alios tunc expressos late, per quam Thomas Waus et alii prefati (? recte Thomam Waus et alios prefatos) sibi in quibusdam fructibus et expensis etiam tunc expressis condempnatos fore pretendebat habitos duputato, quod ipse Thomas Waus sibi fructus et expensas huiusmodi dare et solvere legitime teneretur.
7 ex arrupto (sic).
8 The vaguely-writing scribe, referred to above, p. 143 note, has registered this letter.