Lateran Regesta 597A
1464

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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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217-222

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'Lateran Regesta 597A: 1464', Calendar of Papal Registers Relating to Great Britain and Ireland, Volume 12: 1458-1471 (1933), pp. 217-222. URL: http://british-history.ac.uk/report.aspx?compid=103866 Date accessed: 18 April 2014. Add to my bookshelf


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

6 Pius II.

De Regularibus.

1463[–4].
3 Non. Jan.
(3 Jan.)
St. Peter's, Rome.
(f. 56d.)
To John Craufurde, a canon of the Augustinian monastery of Holyrood, Edinburgh, in the diocese of St. Andrews. Rehabilitation, as below. His recent petition contained that after he had been dispensed by papal authority, on account of illegitimacy as the son of a priest and a nun, to receive and retain any benefice with or without cure wont to be governed by Augustinian canons, even if a priory, dignity etc., even a conventual priory (cf. the next following mandate), and had obtained, by collation made to him by authority of the ordinary, the perpetual vicarage of the parish church of Balmage in the diocese of Whiteherne, he, without having obtained any other dispensation, and Robert Ros, an Augustinian canon of Holyrood, Edinburg[h], resigned for purpose of exchange their respective perpetual vicarages, namely that of Balmage and that of Barou in the diocese of St. Andrews, which vicarages are wont to be held by Augustinian canons, to the bishops of Whiteherne and St. Andrews respectively, who, at the presentation of the abbot of Holyrood, to whom by ancient custom belongs the presentation to both vicarages, made the respective institutions, under pretext of which presentation and institution John obtained the said vicarage of Barou, and detained it for more than a year; that after he had resigned the said vicarage of Baron, on the perpetual vicarage of the parish church of St. Cuthbert (sancti Tuthberti [sic]) near the walls of the castle of Edinburgh, which is also wont to be held by Augustinian canons, becoming void by the death of Patrick Scharp, the same bishop of St. Andrews, at the like presentation instituted him, under pretext of which presentation and institution he obtained possession and has detained it for two years and five months, and still detains it. The pope therefore rehabilitates him, but requires him to resign the said vicarage of St. Cuthbert's (sancti Thutberti [sic]). Sedes apostolica, pia mater. (P. and Jo. [de] Millinis. | P. xvi. de Varris.) [2 pp. +.]
Ibid.
(f. 57d.)
To the archdeacon of Bordeaux, the chancellor of Glasgow and Gilbert de Rerick, a canon of the same. Mandate, recapitulating the preceding, (fn. 2) the said vicarage of St. Cuthbert's being still void as above, to collate and assign it, wont to be governed by Augustinian canons and value not exceeding 11l. sterling, to the above John, after he has duly resigned it. He is hereby dispensed to receive and retain it, and to resign it, simply or for exchange, when he pleases, and hold instead any other benefice wont to be held by Augustinian canons, even if a priory, dignity etc., even if elective and with cure, provided that such priory or dignity be not conventual (cf. the preceding), notwithstanding the said defect etc. Religionis zelus, vite etc. (P. and Jo. de Augeroles. | P. xxxx.Quarto Id. Januarii Anno Sexto. de Varris.) [3½ pp.]
1463[–4].
8 Kal. Feb.
(25 Jan.)
St. Peter's, Rome.
(f. 63d.)
To the archdeacon of Kildare (Daten., recte Daren.) and the priors of Holy Trinity within and All Saints’ without the walls of Dublin. Mandate, as below. The recent petition of abbot Peter and the convent of the Augustinian monastery of St. Mary of the place of Novan in the diocese of Meath contained that although the parish church of the said place is canonically united to the said monastery, and the cure of souls of the parishioners has been wont to be exercised by one of its canons, and although the abbot and convent have been wont to receive and have the canonical portion of all goods belonging to the parishioners of the said church who died within the bounds of its parish, and although the said canonical portion has both by law and ancient custom hitherto belonged to the abbot and convent, and although the abbot and convent have been from time immemorial in peaceable possession thereof, nevertheless Rawlin Massi and Thurstin Kan (recte Kay), laymen, then dwelling in the diocese of Meath, now dwelling in that of York, to whom came the goods left by the late Roger Birde, layman, who died in the said parish, have refused to pay to the abbot and convent the canonical portion thereof, wherefore the abbot and convent brought them, not by papal delegation, before the official of Meath; that the said laymen appealed from an insufficient grievance imposed on them, as they falsely said, by the said official, (fn. 3) to the metropolitical court of Armagh, and caused the abbot and convent to be summoned, in the cause of the said appeal, before the official of that court, who, wrongfully proceeding, promulgated an unjust definitive sentence by which he absolved them from prosecution by the abbot and convent, from which sentence the abbot and convent appealed to the apostolic see, but, on account of a lawful impediment, did not prosecute their appeal within the due time. At the said petition, for the commission to upright men in those parts, notwithstanding the lapse of the said time, of the causes of the said last appeal and of whatever has been done after and against it, and of the principal matter, the pope hereby orders the above three to summon the said laymen and others concerned and, if they find what is alleged in regard to the said impediment to be true, to hear both sides, taking cognisance also of the principal matter, and decide what is just without appeal, causing their decision to be observed by ecclesiastical censure. Humilibus supplicum votis. (P. and A. de Cortesiis. | P. xvi. de Varris.) [2 pp. See below, f. 104d.]
1463[–4].
Kal. March.
(1 March.)
Siena.
(f. 88d.)
To the abbot of St. Mary, Ballysadare (de Asdara), in the diocese of Achonry (Akaden.). Mandate, at the recent petition of John Omithian, a canon of the above Augustinian monastery of St. Mary, Ballysadare (containing that formerly certain nobles carried off by theft a number of moveable goods from a certain place, not itself sacred but adjoining a sacred place, and that he knowingly had and received from them a part thereof, and has restored them to their owner, thereby incurring sentence of excommunication, and that, when under the said sentence, and before he had restored the said goods, he in ignorance of the law celebrated masses and other divine offices, but not in contempt of the Keys, thereby incurring irregularity (fn. 4) ) to absolve him from the said sentence and his other crimes, excesses and delicts, in foro consciencie only, enjoining penance, etc.Sedes apostolica, pia mater. (Her. and A. de Tuscanis. | Her. Gratis pro deo. de Monasterio pro magistris Registri.) [1 p. +. See below, f. 186.]
1463[–4].
8 Kal. Feb.
(25 Jan.)
St. Peter's, Rome.
(f. 104d.)
To the archdeacon of Kildare (Daren.) and the priors of Holy Trinity within and All Saints’ without the walls of Dublin. Mandate, as above, f. 63d. (fn. 5) Humilibus supplicum votis. (Her. and pro A. de Cortesiis, Jo. de Augeroles. | Her. xvi. de Monasterio pro magistris Registri.) [2¼ pp. Examples of a double registration of the same letter are very rare.]
1464.
3 Id. Aprill.
(11 April.)
Petriolo in the
diocese of Siena.
(f. 129.)
To David Oduynn, Eugenius Oconcobuyr (recte Oconcobayr) and Thady Omacnaych (sic), canons of Kildare (Daren.). Mandate to collate and assign to Kerballus Oduynn, a canon of the Augustinian monastery of St. Mary, Killeich, in the diocese of Kildare, who is a priest and has made his open profession of the said order, and cannot with the canon's portion assigned to him in the said monastery receive proper food and clothing and bear his other burdens, (fn. 6) the perpetual vicarage of the parish church of Nurnaychi (fn. 7) alias Balyyceyn in the said diocese, of the patronage of laymen and value not exceeding 3 marks sterling, so long void by the death of William Obecayn that by the Lateran statutes its collation has lapsed to the apostolic see, although Maurice Ocuynd, (fn. 7) priest, of the said diocese, who is to be summoned and removed, has without any canonical title unduly detained possession for more than a year but less than two years. Kerballus is hereby dispensed to receive and retain it. Religionis zelus, vite etc. (Her. and M. Amici. | Her. xv. Residuum gratis pro deo. Tercio Non. Maii Anno Sexto. de Monasterio pro magistris Registri.) [2 pp. +.]
1464.
Non. June.
(5 June.)
St. Peter's, Rome.
(f. 142d.)
To the archdeacon of St. Andrews and the provost of St. Salvator's at St. Andrews, [and] the official of Brechin. (fn. 8) Mandate, as below. The recent petition of the abbot and convent of the Benedictine monastery of Albirbrothot (sic) in the diocese of St. Andrews contained that Walter Idil, Patrick Ogilby, Patrick Fyf, William Carnys, James Bridy and Robert Bredone, perpetual vicars of the parish churches of Tal, Forge, Alberkerdor (sic), Glammes, Euerkelor and Albicellot (sic) respectively, and certain clerks and laymen, of the said diocese and those of Aberdeen and Moray, (fn. 9) unduly detain possession of certain annual cesses, pensions or rents, fruits, profits, sums of money and other goods lawfully belonging to the said monastery. At the said petition, for the commission to upright men in those parts of all causes which the abbot and convent intend to bring against the said vicars, clerks and laymen, (fn. 10) the pope hereby orders the above three to summon the said vicars, clerks and laymen and others concerned, (fn. 11) hear both sides, and decide what is just without appeal, causing their decision to be observed by ecclesiastical censure. Humilibus supplicum votis. (P. and Jo. de Millinis. | P. x. de Varris.) [12/3 pp.]
1463[–4].
Kal. March.
(1 March.)
Siena.
(f. 186.)
To the abbot of St. Mary's, Ballysadare (de Asdara), in the diocese of Achonry (Akaden.). Mandate, at the recent petition of Donald Odulcnain (sic), a canon of the above Augustinian monastery of St. Mary, Ballysadare (containing that formerly he, being aware that a number of sons of iniquity had committed theft in a certain non-sacred place, did not manifest the same but, compelled by force and fear, made satisfaction, as far as concerned him, to the party from whom the property had been stolen, thereby incurring disability) (fn. 12) to summon those concerned, and if and after the above abbot finds the said satisfaction and the rest of the foregoing to be as stated, to rehabilitate Donald (who is a priest, and is illegitimate, being the son of a priest canon and an unmarried woman, and has made his open profession of the said order) and dispense him on account of any irregularity contracted by celebrating masses or other divine offices, not in contempt of the Keys, and to dispense him to receive and retain any benefice wont to be governed by canons of the said order, even if a priory etc., provided that such priory etc. be not conventual, and to resign it, simply or for exchange, as often as he pleases, notwithstanding the said defect etc. Apostolice sedis indefessa clemencia. (Her. and A. de Cortesiis. | Her. Gratis pro paupere religioso. de Monasterio pro magistris Registri.) [12/3 pp. See above, f. 88d.]
1464.
7 Id. June.
(7 June.)
St. Peter's, Rome.
(f. 202.)
To abbot David and the convent of the Cistercian monastery of St. Mary, Coupar-Angus (de Cupro), in the diocese of St. Andrews. Indult for the said abbot David and his successors to wear the mitre and to reconcile, whenever necessary, their said monastery and their churches, and the cemeteries thereof, the water having first been blessed by a bishop; and to bless vestments and other ornaments necessary for divine worship in the said monastery and churches. Exposcit vestre devocionis. (H. and A. de Tuscanis. | H. lv. Folani.) [½ p.]
1463[–4].
3 Non. Feb.
(3 Feb.)
St. Peter's, Rome.
(f. 246d.)
To Miles (Miloni), elect of Leighlin. Indult to him, to whom the pope has this day made provision of the said church, to retain therewith in commendam for life, and as long as he is bishop thereof, the Cistercian monastery of Tracton (de Albotractu) in the diocese of Cork, of which he is abbot, and, after bearing the burdens of the said monastery and of the convent, to dispose of the rest of the fruits etc.Eximie devotionis affectus. (P. and A. [de] Piscia. | P.lx. de Varris.) [¾ p.]

Footnotes

1 On the back of the volume is a quite modern label, with ‘1463–64.An. vi. Pii ii,’ and on a modern flyleaf is Mgr. Wenzel's ‘An. vi. to. 4.’ There is no contemporary flyleaf, but on the bottom edge of the volume is the usual contemporary description: ‘Primus de regularibus anno vio domini nostri domini Pii pape ii.’ F. i. is also missing, so that there are ii.–cccxii. ff. of text.
2 Here with the spelling ‘Edingburch,’ ill written, and also ‘Edingburgh,’ and again with ‘sancti Tuthberti.’
3 pro parte vero dictorum laicorum a quodam insufficienti tunc expresso per eis (recte eis per) [pre]dictum officialem ut falso dicebant illato gravamine ad curiam Armachanam loci metropoliticam extitit appellatum. The copy of the same mandate beginning on f. 104d., has the right reading ‘eis per' and has ‘predictum.’
4 Exhibita siquidem nobis nuper pro parte [dilecti filii] Johannis Omithian canonicicontinebat quod cum olim certi nobiles nonnulla mobilia bona furtive de certo loco non sacro coniuncto tamen (this word is added in the margin and subscribed ‘Her.’) loco sacro rapuissent, ac ipse Johannes partem bonorum predictorum ab ipsis nobilibus habuerit (sic) et que tamen scienter recepit (sic) ac illi ad quem bona huiusmodi spectabant restituit (sic), in tales a iure promulgatam excommunicacionis sentenciam damnabiliter incurrendo, ac postmodum ipse Johannes illa ligatus [sentencia] existens, antequam bona huiusmodi restituisset missas et alia divina officia non tamen in contemptum clavium tanquam simplex et iuris ignarus celebravit, irregularitatis maculam incurrendo
5 Here with the better spelling ‘Kay’ and the other variants noted above, p. 219, note.
6 ac [ex? ] porcione canonica dicti monasterii sibi assignata victum et vestitum congruentes percipere aliaque incumbencia onera supportare commode nequit
7 Vaguely written, as usual with this scribe.
8 archidiacono et preposito ecclesie sancii Salvatoris Sanctiandree [ac] officiali Brechinensi.
9 quod dilecti filii Walterus Idil de Tal, Patricius Ogilby de Forgeac Robertus Bredone de Albicellot locorum parrochialium ecclesiarum vicarii perpetui ac quidam alii (recte clerici; cf. the next following notes) et laici predicte ac Aberdonensis et Moraviensis diocesum
10 contra vicarios clericos et laicos prefatos.
11 vocatis vicariis clericis et laicis predictis ac aliis qui fuerint evocandi.
12 Exhibita siguidem nobis nuper pro parte dilecti filii Donaldi Odulcuain canonicipetitio continebat quod olim ipse Donaldus non ignorans quod nonnulli iniquitatis filii in quodam loco non sacro furtum commiserant, illud non manifestavit, sed vi et metu compulsus quantum ipsum concernebat parti cui res furata fuerat satisfecit, inabilitatis et infamie maculam incurrendo