Lateran Regesta 584
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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173-177

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'Lateran Regesta 584: 1463', Calendar of Papal Registers Relating to Great Britain and Ireland, Volume 12: 1458-1471 (1933), pp. 173-177. URL: http://british-history.ac.uk/report.aspx?compid=103852 Date accessed: 01 September 2014.


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

5 Pius II.

De Exhibitis.

1463.
6 Kal. Sept.
(27 Aug.)
Tivoli.
(f. 146d.)
To the bishop of Clonfert. Mandate as below. It was set forth to Nicholas V on behalf of William de Burgo, layman, and Slany Ingibreyn, of the diocese of Clonfert, that after William had contracted marriage with another woman, and had alleged to Slany that before the said contract he had carnally known another woman, a kinswoman of the same [first] wife, the said Slany (at the advice of a number of her relatives and friends and of certain religious, who alleged that the said marriage was therefore null) and William (having put away the said wife) obtained a dispensation, inasmuch as they were related in the double fourth and the third degrees of kindred and the third and third and double fourth degrees of affinity, and contracted marriage per verba legitime de presenti, and had offspring; and that after William had been compelled by the judgment of the church to return to his said first wife, because he could not prove, although it was true, that he had thus known the said kinswoman, he and Slany, upon the death of the said first wife, which he and Slany in no wise contrived, again (denuo) contracted marriage per similia verba, and had offspring. The said pope therefore gave commission and mandate to the above bishop, his own name not being expressed, to absolve William from sentence of excommunication incurred, and thereafter to dispense him and Slany to remain in the said re-contracted marriage, and to decree legitimate the said offspring and that to be born of the marriage [Cal.Papal Letters, X, p. 622]. The recent petition of the said William and Slany to the present pope contained that although the said bishop has duly proceeded to execution of the said letters, and has absolved William from the said sentence of excommunication and dispensed them to remain in the said marriage, decreeing legitimate the offspring born and that to be born thereof, nevertheless William, who alleged that he knew the said kinswoman of his first wife, although he was unable to prove it, as above, doubts whether he knew her in such wise that a mingling of blood followed between them and in such wise that thereby the aforesaid impediment of affinity arose, and whether therefore the said letters of dispensation may be held surreptitious, and the consequent dispensation be rendered inefficacious. (fn. 2) The pope therefore gives commission and mandate to the said bishop again (denuo) to dispense William and Slany ad habundantem cautelam, to remain in perpetuity in the said marriage contracted, the foregoing notwithstanding, decreeing legitimate the said offspring born, and that to be born of the marriage. Humilibus supplicum votis. (B. and Jo. [de] Millinis. | B. xx. Coronensis.) [3 pp.]
1462[–3].
6 Kal. Feb.
(27 Jan.)
St. Peter's, Rome.
(f. 161.)
To the bishop and the archdeacon of Raphoe, and Patrick Maccarmaich, a canon of the same. Mandate as below. The recent petition of Donatus Obridean, priest, of the diocese of Raphoe, contained that formerly, after he had been dispensed by papal authority, on account of the illegitimacy which he alleged that he was suffering, as the son of unmarried parents, to be promoted to all even holy orders and hold a benefice even with cure, and after he had been promoted to all the said, even priest's orders, upon the voidance of the parish church of Cillkarahid in the said diocese by the resignation of Cristinus Megemeylgusa, made to Laurence bishop of Raphoe and admitted by that bishop by his ordinary authority, the said bishop made collation and provision thereof to the said Donatus, who in virtue thereof obtained and still is in possession, but now doubts whether the said collation and provision hold good because, as is alleged, he suffers the said defect as the son of a married man and an unmarried woman, and for certain other reasons. The pope therefore orders the above three to collate and assign the said church, value not exceeding 5 marks sterling, to Donatus, whom he hereby dispenses to minister in his said orders, and to receive and retain the said church, and to resign it, simply or for exchange, notwithstanding the said defect etc. Vite etc. (P. and Ja. Bigneti. | P.xv. Residuum gratis pro deo. Decimo octavo Kal. Aprilis Anno Quinto. de Varris.) [2½ pp.]
1462[–3].
6 Id. March.
(10 March.)
St. Peter's, Rome.
(f. 230d.)
To the abbots of St. Peter's, Westminster, in the suburbs of London, and the abbot of Colchester (Colgestrie) in the diocese of London. Mandate as below. The recent petition of Emmota Dalston, of London, contained that whereas Nicholas Halton, a citizen and mercer of London, and administrator of the goods of the late Ralph (Rad[ulp]hi) Strete, who was also a citizen of London, or executor of the said Ralph Strete's will, unjustly refused to pay her 10l. of English money lawfully left to her in his will by the said Ralph (per eundem Rad[ulp]hi [sic]) Strete, she brought him before John Stakys (recte Stokys), doctor of laws, auditor of Thomas archbishop of Canterbury, to whom the said archbishop had committed the cause, and who promulgated a definitive sentence by which he condemned Nicholas to pay the said 10l., from which sentence Nicholas, falsely alleging it to be unjust, appealed to the apostolic see; and that the present pope, at Nicholas's instance, committed the cause to Master John Didaci de Coca, a papal chaplain and auditor, who is said to have decreed letters of citation and inhibition in the usual form to those parts, the which were presented to the said John Stakis (sic), with inhibition to proceed further in the cause. The said petition adding that although three or four years have elapsed since the date of the said sentence, Nicholas has attempted nothing in the cause, nor ordered the party to be cited etc., but has allowed the lawful period within which to prosecute his said appeal to lapse, etc., the pope hereby orders the above three to summon Nicholas and others concerned, and if they find the said lapse etc. to be true, to proceed to the execution of the said sentence, as if Nicholas had not appealed therefrom. Humilibus supplicum votis. (P. and A. de Cortesiis. | P. xvi. de Varris.) [2⅓ pp.]
1463.
16 Kal. Sept.
(17 Aug.)
Tivoli.
(f. 240.)
To the bishop of Killaloe (Laonien.), the prior of St. John Baptist's by Lenacnach (i.e. le Nacnach, recte le Naenach), in the diocese of Killaloe, and the chancellor of Killaloe. (fn. 3) Mandate as below. Nicholas V, upon being informed by the late Cornelius Yrodayn that Matthew Osyda, (fn. 4) then perpetual vicar of the parish church of Cyllwarayn in the diocese of Killaloe, had perpetrated a number of excesses and crimes (not here expressed), ordered the dean of Killaloe, his name not being expressed, if and after Cornelius accused Matthew before him, to summon Matthew and others concerned, and if he found the foregoing to be true, to deprive and remove Matthew, and in that event to collate and assign the said vicarage to Cornelius. The recent petition of Thomas Occormeccayn [the present] dean of Killaloe, contained that after Odo Ohagan, then dean of Killaloe, had in virtue of the said letters deprived and removed Matthew, and had collated and assigned the vicarage, thus void, to Cornelius, the said Matthew, not without simony, made a bargain with Cornelius that if Cornelius allowed him to remain in possession notwithstanding the said deprivation and removal, and did not further prosecute the cause against him, he would give and assign him a certain sum of money, part of which he afterwards paid him, after which Cornelius died. The said vicarage being therefore void by the death of Cornelius, although Matthew under pretext of the said bargain and without any tittle of right has thenceforth detained it for about eleven years, as he still does, the pope hereby orders the above three to collate and assign to the said Thomas (who has been dispensed by papal authority, on account of illegitimacy as the son of a priest and an unmarried woman, (i) to be promoted to all even holy orders and hold a benefice even with cure, (ii) to hold the said deanery in the event of its being collated to him in virtue of certain other letters of the present pope) the said vicarage, value not exceeding 10 marks sterling, summoning and removing Matthew; notwithstanding that he holds the said deanery, a major elective dignity with cure, value not exceeding 15 marks sterling, with which he is hereby specially dispensed to receive and retain the vicarage for life, notwithstanding the said defect etc. Vite etc. (B. and M. Amici. | B.xxxxv. Septimo Idus Septembris Anno Sexto. Coronensis.Correcta Quarto Kal. Octobris Anno Sexto.) [5 pp. +. See Cal. Papal Letters, X, p. 327.]
11 Kal. July.
(21 June.)
St. Peter's, Rome.
(f. 298.)
To the prior of St. Mary's, Dungemyn, in the diocese of Derry (Deren.), and Donald Okaelti and John Okearuallan, canons of Derry. Mandate as below. The pope has been informed by John Macgillabridi, dean of Derry, that Odo Macglayndfrethan, (fn. 5) rector of the parish church of Eachinis in the diocese of Raphoe, aiming at obtaining the said rectory (then void by the deprivation and removal of the late Cornelius Micfelimich Ydompnayl, made by authority of the ordinary for his demerits) simoniacally promised to pay a sum of money to the ordinary if he made him collation and provision of it, thus void, which sum he afterwards paid; and that the said ordinary, as the result of the said simoniacal promise, made collation and provision to Odo, under pretext of which he obtained unduly and still detains possession, thereby incurring the sentences etc. promulgated against simoniacs. The pope therefore orders the above three, if and after 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, and whom the present pope dispensed to retain the said deanery, a major dignity (by the tenour of the letters by which he ordered provision to be made to him thereof), and to resign it, simply or for exchange, when he pleased, and who from fear of Odo's power has no hope of obtaining justice in the city and diocese of Raphoe) accuses Odo before them, to summon Odo and others concerned, and if they find the foregoing to be true, to decree and declare the said collation and provision invalid, and remove Odo, and in that event to collate and assign the rectory, value not exceeding 5 marks sterling, to John; notwithstanding that he holds the said deanery, with cure and value not exceeding 40 marks sterling, which he is hereby dispensed to retain together with the rectory for ten years, within which time he is to exchange one of them for a benefice compatible with the one retained; if not he is after the lapse of the said period to resign the deanery.Vite etc. (B. and M. Amici. | B. xvi. Residuum gratis de mandato s(anctissimi) domini nostri pape. Quinto Kal.Augusti Anno Quinto. Coronensis.) [4¼ pp.]

Footnotes

1 On the back of the volume is the usual modern description in Italian: ‘Pio ii. 1462. Anno 5. Lib. i.,’ and on the inside of the cover is Mgr. Wenzel's ‘An. v. to. 7.’ A contemporary flyleaf has, in different contemporary hands, the description: ‘Primus de prebendis et dignitatibus et de dignitatibus vacantibus et de exhibitis [anno] v. domini nostri domini Pii pape ii.’ and the order: ‘R(ecipe) Jo. P. (i.e. P. de Varris).’ A similar contemporary description: ‘Primus …’ occurs also, as usual, on the bottom edge of the volume. The text extends from f. [i.] to f. cccxiiii, the pagination corners of the first few of which are injured.
2 quia tamen idem Willialmus qui eandem consanguineam prime uxoris cognovisse asseruit, licet hoc probare nequiverit ut prefertur, dubitat utrum eandem ita cognoverit ut commixtio sanguinis inter eos fuerit subsecuta, et ex hoc impedimentum affinitatis provenerit antedictum, et properea littere dispensacionis huiusmodi possint de suprrepcionis (sic) [vicio] notari, et inde secuta dispensacio reddatur inefficax.
3 The text had: Matheo Macenyre (?) canonico. This is cancelled and over-written P[etru]s, and in the margin is substituted: Cancellario ecclesie, which is subscribed: Cassatum et correctum de mandato r(everendissi)mi domini R[oderici] Valentin, vicecancellarii, P. de Varris.
4 The text had ‘Yhyda.’ This is cancelled and over-written P[etru]s, and ‘Osyda’ is substituted in the margin and subscribed: Cassatum et correctum de mandato ut supra, P.
5 The ‘f’ is doubtful.