8 Kal. March.
|To David de Carnach, clerk, of the diocese of Aberdeen. Absolution, etc., as below. His recent petition contained that after Martin V's confirmation of all sentences of excom munication, etc., promulgated by his predecessors against simoniacs, and his reservation to his successors of the absolution therefrom, except in the hour of death, and before William Croyser, papal acolyte (who obtained three definite sentences against James Lyndissay, clerk, of the diocese of Glasgow, about the parish church of Arbuthnoth in the diocese of St. Andrews), had, without having had possession thereof, resigned the said church and all right therein, he, wrongly believing that William had resigned the said church to the present pope, and that the pope had admitted the resignation, and believing that provision had been made thereof, thus void, to himself, after receiving from the said James, who was then in possession, a promise of a yearly pension on the fruits etc. of the said church, and after receiving a part thereof, resigned all his right in regard to the said church to the bishop of St. Andrews, certain oaths being taken; that the said bishop, having admitted by his ordinary authority the said resignation, made collation and provision of the said church, as being void by this posterior resignation and admission, to the said James; that afterwards the above William did resign the said church into the hands of the pope, without having had possession, and the pope, admitting the resignation, made provision thereof, as being thus void, to David, who, doubting whether on account of his said oath he could take possession, surreptitiously (as he fears) obtained relaxation thereof, and got the said church, although not peaceably; that subsequently, the cause between him and the said James about the said church having been introduced into the Roman court on the latter's appeal, the said bishop excommunicated David for having unduly taken possession of the said church and for having taken its fruits, and declared him to have incurred the crime of perjury, which excommunication and declaration he annulled upon the said parties coming to an agreement; that thereafter David and James agreed that David should bring no suit against James about the said church, and should resign (cederes ac renunciares) all right, and that James [should] resign (resignauit, rectius resignaret) his canonry and prebend of the church of Dombar in the diocese of St. Andrews, and should give and pay (daret et persolueret) to David a yearly pension of 16 marks Scots on the fruits etc. of his domain or barony of Colbaton in the said diocese, for David's life or until he should
obtain a benefice of like value, it being further agreed that if he could not obtain the said canonry and prebend James should give and pay him another like yearly pension for life on the fruits of the said barony; that after the said agreement David resigned the said church, and James the said canonry and prebend, to the said bishop, who has made the exchange by his ordinary authority, and that James has often paid to David the said pension, not without simony; and that David, without having obtained any absolution on account of the aforesaid, but being involved in the above sentences etc., had himself ordained subdeacon, deacon and priest, and has often ministered as such, celebrating mass and other divine offices, thereby incurring irregularity. The pope therefore absolves David, who is a brother of John, bishop of Brechin, and is at present in the Roman court, from the aforesaid sentences etc., and from the stain of perjury and simony, dispenses him, on account of his said irregularity, to minister in the said orders and dispenses him to hold any benefices with or without cure etc., and otherwise rehabilitates him. (Without the usual subscription at the end.)