Vatican Regesta 533
1469

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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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331-335

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'Vatican Regesta 533: 1469', Calendar of Papal Registers Relating to Great Britain and Ireland, Volume 12: 1458-1471 (1933), pp. 331-335. URL: http://british-history.ac.uk/report.aspx?compid=103879 Date accessed: 22 November 2014.


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Vatican Regesta, Vol. DXXXIII. (fn. 1)

Secrete.

5 Paul II.

1469.
7 Id. May.
(9 May.)
St. Peter's, Rome.
(f. 13.)
To the archbishop of Cashel, and the bishop and precentor of Cloyne (Clonen.). Mandate, at the recent petition of Thady Ysullyuayn and Maurice Stake, clerks, of the dioceses of Cloyne and Ardfert (containing that in the said dioceses and those of Cork and Killaloe (Laonien.) there are many tithes and possessions etc. belonging to the Augustinian priory of St. Catherine in the diocese of Waterford or its members, which are wont to be granted to farm to secular clerks, and possession of which has been held for very many years by secular clerks, who do not make full payment to the prior of such farm or yearly pensions, wherefore the said Thady and Maurice desire to recover the said possessions and tithes etc. and preserve them uninjured and, provided that they be granted to them conjointly for life, to pay to the prior greater yearly rents or cesses) to summon the said holders and others concerned, and if they find the foregoing to be true, to make the said grant on the said improved conditions, provided that the said prior consents, the said holders being removed etc. Romanum decet pontificem. (L. Dathus. | xv. Adrianus. B. de Maffeis. D. de Piscia.T. de Castello. Collat. G. Blondus. In the margin:Septembris.) [2¾ pp.] Theiner, Vet. Mon. Hib. et Scot.Hist. Illust., p. 461, No. 845, from ‘Reg. Tom. X. fol. 13,' i.e. the present Register. See above, p. 331.]
17 Kal. May.
(15 April.)
St. Peter's, Rome.
(f. 14.)
To the archbishop of Dublin, the bishop of Down and the chancellor of Ossory. Mandate, as below. The recent petition of Cornelius bishop of Clonfert, of the Order of Friars Minors, contained that within the said Order's province of Ireland there are very many Conventual houses, many of the friars of which have left them and migrated to other houses of the regular Observance, of the said Order, and have dwelt therein for some time; but that now (considering that there are so many persons of the Observance that the places are hardly sufficient for them, and that they cannot in future, on account of other letters of the present pope, impetrate under pain of excommunication any more places of the Conventuals; and that in like manner the Friars Conventual have many places and few persons, so that in some cities and honest towns, even walled [towns] and other places, there are hardly to be found six or five [friars], sometimes three or two, sometimes one or none, and that some of such places of the Conventuals, abandoned by them, or very many others in which they have kept no residence as Conventuals, suffer both in spirituals and in buildings very great injury and have for the most part fallen to the ground, and that the devotion of many of the faithful is grown cold) the said friars desire to return to the same places thus abandoned by them, or to other places, under the obedience of the minister-provinical of the said province, as shall seem expedient to him, and to serve God according to the Order, rule and rite of the regular Observance, in such wise, however, that they, both present and future, may enjoy by papal authority, under the obedience of the ministerprovincial, all the same privileges, immunities, exemptions etc. as the other orders of the Observance on both sides of the Alps. Seeing that they cannot do this without incurring the pain of excommunication, by reason of papal letters, the pope has been petitioned, on behalf alike of the said bishop as of a number of the said friars, to grant that they may, without incurring the said excommunication etc., return, under the obedience of the minister-provincial only, to the said places thus abandoned by them or to other places to be appointed for them by the minister-provincial, and live therein under the regular Observance, and enjoy the said privileges. The pope therefore orders the above three to summon those concerned, and if they find the foregoing to be as stated, to grant to the said friars of the said province, with consent of the minister-general of the friars of both sides who are concerned, that, without incurring excommunication etc., they may return, under the obedience of the said minister-provincial only, to the said places abandoned by them or to others to be appointed by him, and live therein under the regular Observance, in such wise that they shall be in future not under the vicar of the said regular Observance, but under the minister-provincial of the said province. They are further to grant that all the friars who shall dwell in the said houses shall enjoy and use all the privileges, immunities, exemptions etc. which the other orders of the Observance on both sides of the Alps enjoy and use, notwithstanding the present pope's said letters and the privileges and constitutions etc. of Martin V and Eugenius IV and other popes, etc. Inter ceteros ordines. (L. Dathus. | xxvi. A. Trapezuntius. T. de Castello. Collat.G. Blondus. In the margin: Octobris. (fn. 2) ) [4 pp.+. Theiner, op. cit., p. 460, No. 844, from ‘Reg. Tom. X. fol. 14,’ i.e. the present Register. See Cal. Papal Lett., XI, pp. 440, 583.]
Prid. Id. July.
(14 July.)
St. Peter's, Rome.
(f. 20.)
To Eugenius Ofaelan, clerk, of the diocese of Cloyne (Clonen.), bachelor in decrees. Reservation to the pope's gift, for grant in commendam to the said Eugenius (who was lately dispensed by papal authority, on account of illegitimacy as the son of an unmarried clerk and an unmarried woman, to be promoted to all even holy orders and hold a benefice even with cure) of the Augustinian priory, house or hospital of St. Mary and St. Edward the Martyr by the Bridge of Limerick, which is conventual, elective and has cure, in which hospitality to the poor is wont to be kept, whose yearly value does not exceed 40 marks sterling, and which was lately, on its becoming void in a certain way [not here expressed], granted in commendam for life to Thomas [now] elect of Limerick, then treasurer of that church, which commenda is to cease by the promotion of the said elect, made by the present pope, and by the consecration which is to be administered to him, so that the priory is itself to become void in the same way as before the said commenda. The pope hereby dispenses him to receive any benefices, of any number and kind, with or without cure or otherwise compatible, two of them only being with cure or otherwise incompatible, even if canonries and prebends, dignities etc., and to retain such two incompatible benefices together even for life, and to resign all, simply or for exchange, as often as he pleases, notwithstanding the said defect etc.Litterarum sciencia, vite etc.
Concurrent mandate to the bishop of Orte and James Gundissalve and James Carpentarii, canons of Evora (Elboren.) and St. Pol-de-Léon (Leonen.) Hodie cum commenda prioratus. (fn. 3) (L. Dathus. | xx. Adrianus. D. de Piscia.F. de Valleoleti. In the margin: Septembris. (fn. 4) ) [5 pp. See below, p. 340.]

6 Paul II.

9 Kal. Nov.
(24 Oct.)
St. Peter's, Rome.
(f. 95d.)
To the bishop of Exeter. Mandate, as below. The recent petition of John Clerke, priest, of the diocese of Salisbury, contained that after Eugenius IV's renewal of all sentences of excommunication etc. against simoniacs, he, for the sake of greater safety, gave in deposit certain money to William Temmes, a layman, in order that he should preserve it for him, and that the said layman, without John's knowledge, paid part of it, namely, 7 English marks, to another layman, the patron of the parish church of Hilpryngton in the said diocese, in order that he should present John thereto, then void, after which payment John was presented thereto and instituted by authority of the ordinary, and held it, even after the said simony came to his knowledge, for about six years, as he does at present, thereby incurring simony and the said sentences etc. The pope therefore orders the above bishop to absolve both the said John (all of whose benefices and their values, and his dispensations etc. the pope holds to be expressed by these presents) and the said layman (fn. 5) from the said simony and sentences etc., enjoining penance etc., and to dispense John on account of any irregularity contracted by celebrating masses and other divine offices when under the said sentences etc., and to dispense him to retain the said church, and to rehabilitate him. Apostolice sedis indefessa clementia. (L. Dathus. | xxxv. A. Trapezuntius. P. de Chiarri. D. de Piscia. Jo. de Veneriis. Collat. G. Blondus. In the margin: Decembris.) [2¼ pp.]
3 Kal. Nov.
(30 Oct.)
St. Peter's, Rome.
(f. 156d.)
To the bishop of Worcester. Mandate, as below. The recent petition of William Camynggis, dean of Westbury in the diocese of Worcester, contained that he contracted marriage, once only, with a virgin (fn. 6) and lived in it for some time, that he filled the offices of bailiff, sheriff and mayor of Bristol in the said diocese and exercised temporal jurisdiction by reason of those offices, was associated as judge in divers royal commissions along with the other justices of the said town and officers of the king, (fn. 7) and many times sat together with the said justices and officers, when they proceeded against malefactors as far as the punishment of bloodshed and even the death penalty (fn. 8) ; and that after his wife's death he had himself promoted, but only de facto, (fn. 9) to all even holy and priest's orders and ministered therein, and subsequently obtained, canonically collated to him, the deanery of the said church, a principal office without cure, and not requiring personal residence, and has held it for more than a year, taking the fruits in good faith. The said petition adding that although he sat together with the said justices and other officers, as above, nevertheless he neither pronounced nor delivered any sentence in causes of blood, nor even gave his vote therein, and that his presence gave no authority to the justices and officials who proceeded in such causes of blood, but that on the contrary they could proceed therein and deliver sentences without his presence or authority, the pope hereby orders the above bishop to dispense him on account of any irregularity contracted by occasion of the foregoing, and dispense him to minister in his orders and the office of the altar and retain the deanery, value not exceeding 20l. sterling, and receive and retain any other benefices with and without cure compatible with one another and with the deanery, and to rehabilitate him.Apostolice sedis indefessa. (L. Dathus. | xxxv. S. de Spada. Collat. G. Blondus. In the margin: Novembris.) [2⅓ pp.]

Footnotes

1 On the back of the volume is the modern lettering: ‘Paul ii. Secret.Ann. v. vi. Lib. x.’ Inside it is the usual front half of the original sheepskin binding, with the contemporary description: ‘x. bullarum d(omini) [Pauli],' below which a later hand has added ‘de anno 6o.’ The usual contemporary description occurs on the bottom edge of the volume, viz. ‘x bullarum d.Pauli pape ii.’ There are 7½ pp. of rubricelle headed: ‘Rubricelle libri decimi bullarum sanctissimi domini nostri Pauli pape secundi, facte per me Baptistam de Zucheta canonicum Novarien. in camera apostolica scribentem’ (sic) and ending: ‘Finis rubricellarum huius libri decimi per me Baptistam de Zucheta canonicum Novarien. in camera apostolica scriptorem.’ There are i.–cccxxii. ff. of text.
2 Oct.’ is written above ‘Sept.,’ which is cancelled.
3 Here with the spelling ‘Ofalan.’
4 Without the usual ‘Collat. G. Blondus.’
5 It is not expressly stated whether it is the layman who paid the money or the lay patron who received it, who is to be absolved; presumably the former.
6 matrimonium cum unica et virgine contraxerat, the same phrase as occasionally occurs in grants of the tabellionatus officium.
7 coniudexque in diversis commissionibus regiis cum ceteris dicte ville justiciariis et officialibus regis Anglie extiterat.
8 multisque vicibus cum dictis justiciariis et officialibus. … qui contra malefactores ad vindictam sanguinis et etiam mortis penam processerunt solum ex decentia sederat.
9 quamvis de facto, a variant for the more usual ‘licet de facto.’