Vatican Regesta 378


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'Vatican Regesta 378: 1445-1446', Calendar of Papal Registers Relating to Great Britain and Ireland, Volume 8: 1427-1447 (1909), pp. 303-309. URL: Date accessed: 18 April 2014. Add to my bookshelf


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Vatican Regesta, Vol. CCCLXXVIII (fn. 1)

De Curia

15 Eugenius IV

7 Id. Feb.
St. Peter's, Rome.
(f. 1.)
To Master John de Obizis, papal chaplain, and auditor of causes of the apostolic palace, papal nuncio and collector in England, Scotland and Ireland. Faculty to him, whom the pope lately made nuncio and collector [below, Reg. CCCLXXXI, ff. 86sqq.], to grant indult to twenty persons of either sex, regular and secular ecclesiastics, and lay, for the confessor of their choice to commute any vows of abstinence and pilgrimage (except only vows of pilgrimage to the Holy Land and [the shrines] of SS. Peter and Paul [Rome] and St. James [Compostela]), continence and chastity. Money received for the commutation of such vows of pilgrimage is to be sent by him for the fabric of the churches of Rome. Cum te dudum in Anglie. (Poggius. | Collata per me P. Parvi Johannis. A. de Veneriis. de Curia.)
7 Id. Feb.
St. Peter's, Rome.
(f. 1.)
To the same. Faculty to grant indult to twelve persons of either sex, nobles, to have a portable altar. Cum etc. (Subscribed as in the preceding.)
Ibid. To the same. Faculty to dispense ten ecclesiastics on account of defect of age, so that they may, after having attained their twenty-third year, be promoted to all holy orders, even the priesthood; to dispense those who have been already so promoted to minister in their orders received; and to dispense them to hold a benefice with cure. Cum etc. (Subscribed as ibid.)
Ibid. To the same. Faculty to grant indult to twelve persons of either sex to choose their confessor who may, after hearing their confessions, grant them absolution and enjoin a salutary penance, except in cases reserved to the apostolic see. Cum etc. (Subscribed as ibid.)
Ibid. To the same. Faculty to confer the office of notary public on twelve persons, not married nor in priest's or other holy orders; with the form of oath appended. Cum etc. (Subscribed as ibid.)
(f. 2d.)
To the same. Faculty to dispense twelve men and as many women related in the third and fourth degrees, or in the fourth degree only, of kindred or affinity, to contract marriage, or to remain in marriages contracted in ignorance of the said impediment; declaring past and future offspring legitimate. Cum etc. (Subscribed as ibid.)
Ibid. To the same. Faculty to grant indult to six persons to take, during seven years, the fruits etc. of their benefices whilst studying at an university, and not to be bound to reside.Cum etc. (Subscribed as ibid.)
(f. 3.)
To the same. Faculty to absolve fifty persons of either sex, ecclesiastical or secular, from any sentences of excommunication etc.; to dispense them on account of irregularity and to rehabilitate them. Cum etc. (Subscribed as ibid.)
Ibid. To the same. Faculty to dispense twelve persons, on account of any kind of illegitimate birth, to be promoted to all, even holy orders and hold two compatible benefices with or without cure, and to exchange the same. Cum etc. (Subscribed as ibid.)
9 Kal. Jan.
St. Peter's, Rome.
(f. 8d.)
To all etc. Requesting safe-conduct etc., during one year, for Richard Caunton, D.C.L., canon of St. Davids, clerk of the papal camera, who is going to divers parts on business of the pope and the Roman church. Cum dilectus filius. (Blondus. | Collata. F. Lauezius. L. de Costiaris. de Curia.)
5 Id. Feb.
St. Peter's, Rome.
(f. 30.)
To Robert Gayton, nobleman, and Isabel his present wife, citizens of London. Indult to have a portable altar; to have mass celebrated in places under interdict and before daybreak; to choose their confessor who may, after hearing their confessions, grant them absolution and enjoin a salutary penance, except in cases reserved to the apostolic see; and indult that the confessor of their choice may grant them, being contrite and having confessed, plenary remission of all their sins, once only, in the hour of death, with the usual clauses ‘Et ne quod absit’ against abuse, ‘Et insuper’ requiring them to fast every Friday for a year, etc. Sincere devocionis. (B. Rouerella. | l.B. de Urbino. M. de Pistoria.)

16 Eugenius IV

4 Kal. July.
St. Peter's, Rome.
(f. 170.)
To John, archbishop of Canterbury. Mandate as below. On Kal. Jan. (fn. 2) anno 12 (1442[–3]) the pope made a decree for the collection and payment of the tenth for one year on all benefices throughout the world which had been imposed by the Council of Basel and confirmed by the pope; and on 3 Id. July anno 14 (1444, above, p. 299), the pope ordered Baptista, [now] bishop, then elect of Concordia, and John, [now] (fn. 3) bishop of Countances, then an apostolic notary, to collect the said tenth in England and Ireland, the servites, mendicant orders, nuns and poor hospitals being alone exempted; but although king Henry was willing that the said tenth should be collected by the said Baptista and John in England and Ireland, and although the said king caused to be paid as his share 6,000 florins of gold, nevertheless the said bishops, considering that the persons of England and Ireland were heavily burdened, did not execute the said mandate. Seeing that the need of aid against the Infidels, as set forth in the pope's said first letters, is as great as ever, the pope, commending the king's good will, orders the above archbishop to exact and collect, within six months from the date of the presentation of these presents, the said tenth, with the said exemptions, gives him the necessary faculties to enforce payment, and orders him to hand over the proceeds to the special collectors to whom the pope has given faculty for the purpose [i.e. John de Obizis and Lewis de Cardona, as below, f. 172 and Reg. CCCLXXIX, f. 53] or, in the event of his not being satisfied in regard to the said faculty, to the collector of the camera in England. Dudum siquidem videlicet. (Blondus. | Collata F. Lanez[ius]. Ja. de Viterbio. de Curia.) [3 pp.]
4 Kal. July.
St. Peter's, Rome.
(f. 171d.)
To Adam, bishop of Chichester. The like. Dudum etc. (Blondus. | Marcellus. de Curia.)
Prid. Kal. July.
St. Peter's, Rome.
(f. 172.)
To Master John de Obizis, papal chaplain and auditor of causes of the apostolic palace, and Lewis de Cardona, canon of Elne, S.T.M. Faculty and mandate to receive payment from the persons appointed to exact and collect in England and Ireland the tenth which the pope imposed on the whole world on Kal. Jan. anno 12 (1442[3]), and to compel by censure, etc. those of them who neglect to hand over their receipts within three days from being requested to do so. They are to transmit the money by letters of exchange to the pope's chamberlain or the officers of the papal camera. Gerentes de fide. (Blondus. | Collata F. Lauezius. E. Pollart. de Curia.)
4 Kal. July.
St. Peter's, Rome.
(f. 176.)
Absolution, etc., as below. After the pope's translation of the Council of Basel to Ferrara [on September 18, 1437], William Croyser, sometime archdeacon of Teviotdale, remained at Basel and took part in the Council there, and adhered to and recognised as pope Amedeus, called Felix V, after the pope's definitive sentence, pronounced with the approbation of the Council of Florence. Subsequently the pope granted a faculty to James, bishop of St. Andrews [see above, pp. 238, 239 and below, note under Reg. CCCLXXX], to deprive persons in Scotland who had incurred penalties on account of the preceding, and to make fresh collation of their benefices, in virtue of which the said bishop excommunicated and deprived the said William of his archdeaconry, a non-major dignity, and made collation and provision thereof, thus void, to Patrick de Hwme, clerk, of the diocese of St. Andrews, M.A., who obtained possession. Meanwhile, after the said bishop's proceedings had begun, and some time before the said collation and provision, on the information of Walter Blar, clerk, of the said diocese, M.A., to the effect that the said William had incurred the said penalties, and that the said archdeaconry was therefore void, and at the said Walter's petition for provision to be made to him thereof, the pope, quite forgetting for the time the above bishop's said faculty, of which no mention was made, gave commission to certain judges in Scotland to make inquiry and proceed, and, in the event of the said voidance, to make provision to Walter. The said commission was not presented to the said judges, and the pope, also at Walter's instance, gave commission to Gaucher, [now] bishop of Gap, then of lower rank (tunc in minoribus constituto) and an apostolic notary, residing in the Roman court, to summon William, only per andienciam [litterarum] contradictarum dicte curie, and, if he found the allegations against William, contained in the commission to the said judges, to be true, to declare him to have been and to be deprived, and otherwise to carry into effect the said provision in accordance with the former letters, under pretext of which the said Gaucher, proceeding per audienciam predictam quickly and summarily, satisfied himself as to William's said adhesion and the voidance of the archdeaconry, and made collation and provision of it to Walter, which provision (owing to the fact that the said bishop, who was busily occupied in Scotland in the service of the pope and the Roman church, and who furthermore, with the intention of reconciling the said William to the fold of the church, allowed the proceedings which he had begun to suffer several delays) is said to have preceded by some days the aforesaid other provision [to Patrick de Hwme]. The cause which subsequently arose between the said Patrick and Walter about the said archdeaconry was committed by the pope, at Walter's instance, to Master Paul de Sanctafide, a papal chaplain and auditor, who by a definitive sentence adjudged the archdeaconry to Walter, and imposed perpetual silence on Patrick, etc., which latter appealed to the apostolic see. The pope committed Patrick's cause of the nullity of the said sentence to Master Malatesta de Capitaneis, a papal chaplain and auditor, who proceeded short of a conclusion, and the pope, with a view to cut short the litigation, gave commission to Peter, cardinal deacon of New St. Mary's, to bring about an agreement, who, after summoning the parties before him, with their consent brought about an agreement, namely that the pope should order provision to be made to Walter of the canonry and prebend and the deanery of Ross, which were then void and reserved to the pope by the promotion, of John, elect of Caithness, on condition that he should, as he offered, renounce his said right and suit, after the making of which agreement and the issue of the said mandate of provision, and after Walter had accepted the same, he failed to make the said renunciation and clandestinely went away from the Roman court, appointing proctors for the continuation of the said litigation. Seeing that, as stated above, in the letters about making provision to Walter of the said archdeaconry, there was no mention of the above faculty to bishop James and of the proceedings begun by him in virtue thereof, and seeing that if such mention had been made, Walter would not have obtained such a mandate from the pope, and seeing also that the said Patrick, who is by both parents of noble birth, has been in possession of the said archdeaconry for three years and more, has been put to much trouble, expense and danger, and with the help of his powerful friends hopes and intends to defend the rights of the said archdeaconry, the pope hereby absolves him, motu proprio, from all sentences of excommunication, etc., which he may have incurred, calls up to himself all suits which may have been brought against Patrick on account of the said archdeaconry, and extinguishes them, and declares that his intention was and is that the collation and provision made to Patrick by the said bishop in virtue of the said faculty should and shall not be impaired by the mandate to make provision to Walter, but on the contrary hereby ratifies the collation and provision made to Patrick, declares that they and their consequences have been valid from the date thereof and shall be valid and take full effect, annuls the sentence given in favour of Walter, the pope's involuntary mandate in his favour and the said collation and provision to him of the said archdeaconry, and imposes on him perpetual silence. Ad fut. rei mem. Romani pontificis. (B. Rouerella. | xxxv. Ja. de Calvis, Collata F. Lauez[ius]. L. de Castiliono, pro de Bonannis. Residuum pro H. de Qui[n]togradu.) [5 pp.]
14 Kal. Aug.
St. Peter's, Rome.
(f. 217.)
To the bishops of Concordia, London (Lundonien.) and Modoni (or Methone, Motonen.) Mandate—at the recent petition of John de Labere, canon of Salisbury, bachelor of canon law, containing that on the voidance of the deanery of Wells by the death of John Forest, the said John de Labere, in virtue of letters granted to him by the present pope, accepted and caused provision of it to be made to him; and adding that the said John doubts the validity thereof—to make collation and provision to him of the same, a major dignity, value not exceeding 500 marks of silver, whether it be void as above, or in any other way. Litterarum etc. (B. Rouerella. | xxv. Augeroles, Collata F. Lauez[ius.] L. de Costiaris, pro Monte.) [See above, p. 273, and below, Reg. CCCLXXIX, f. 69.]

15 Eugenius IV (cont.)

Non. March.
St. Peter's, Rome.
(f. 238d.)
To Gilbert Forstare, archdeacon of Brechin, collector of the papal camera in Scotland. Faculty to him, whom the pope is sending as collector to Scotland, to dispense twelve men and as many women, after absolution from excommunication incurred and temporary separation, to remain in the marriage which they have contracted knowing that they were related in the third and fourth, even the double fourth, and the fourth and fourth degrees of kindred and affinity; declaring past and future offspring legitimate. Cum nos te ad presens. (Blondus. | Coll[ata]. A. Fiocardus).
(f. 248d.)
To Gilbert Forstare, archdeacon of Brechin, collector of the papal camera and nuncio in Scotland. Faculty to him, whom the pope is sending as collector and nuncio to Scotland, to absolve twelve ecclesiastics who have simoniacally received benefices, or minor or holy, even priest's orders, and to rehabilitate the same and sixteen other persons on account of irregularity contracted by celebrating mass in places under interdict, etc., and to rehabilitate them. Cum etc. (Blondus. | xxxviii. B. de Urbino, Collata F. Lauez[ius], V. Gregorii, pro Jo. Brisson, f[lorenus] i, s[olidi] viii.)

16 Eugenius IV (cont.)

Id. July.
St. Peter's, Rome.
(f. 283d.)
To the bishop of Aberdeen, the provost of Toulouse, and the dean of Brechin. Mandate to collate and assign to David Lindesay, clerk, of the diocese of Brechin, who says he is brother of Alexander, earl of Craufort, and of royal stock, and in his twenty-third year, the canonry and prebend of Menmur in Dunkeld, value not exceeding 24l. sterling, void by the death of Edward Bruys. He is hereby dispensed to hold for life any two benefices with cure or otherwise incompatible, and to resign them, simply or for exchange, as often as he pleases, provided that they be not two parish churches nor two perpetual vicarages. Nobilitas generis, vite etc. (Poggius. | xxxx. Jo. de Augeroles. Collata F. Lauez[ius]. G. de Puteo. Registrata pro P. Davidis.) [Theiner, Vet. Mon.Hibern. et. Scot., p. 376, No. 750.]
9 Kal. Oct.
St. Peter's, Rome.
(f. 300.)
To the abbot of St. Augustine's without the walls of Canterbury and John de Obizis, canon of York. Mandate as below. The pope has been informed by William, prior of Winchester, William, abbot of St. John's, Colchester and John, abbot of Cherteseye that, in their capacity of visitors of their order of St. Benedict in England, they appointed to visit the monasteries in the diocese of London and especially that of Westminster, which immediately belongs to the Roman church, the abbot of Reding and a certain master of theology, professed of the said order, who found Edmund, abbot of Westminster, to be a fornicator, dilapidator, adulterer, perjurer, simoniac and guilty of other crimes. At the petition of the said prior and abbots the pope, who hereby ratifies the said visitation, orders the above abbot and canon to summon abbot Edmund and others concerned, and if they find the above, or enough thereof to be true, to deprive Edmund of the abbatial dignity and of the rule of the said monastery, without appeal, and to fix a term within which the convent shall elect another abbot and shall send him in person or by deputy, with the decree of election, to the pope. Apostolice sedis. (Poggius. | Collata F. Lauez[ius.] Ugolinus. de Curia.)


1 Described on the back as ‘To. 19’ and’ Eug. IV. de Cur. An. xv. xvi.Lib. xix.’ On the contemporary parchment cover (which originally contained certain ecclesiastical processes, and which now forms the first two flyleaves) De Prætis has written ‘Eugenii IV. de Curia. An. xv. xvi. Lib. xix. Tom.xxiii,’ and amongst other notes are the contemporary descriptions ‘Nonus de Curia’ and ‘Eugenius 4, lib. 24.’ A paper flyleaf has, in a contemporary hand, ‘Rubrice libri noni bullarum de Curia inceptus (sic) Rome de mense Februarii anno a Nativitate Domini mcccxlvito pontificatus sanctissimi domini nostri domini Eugenii diuina prouidencia pape iiii. anno quintodecimo.’
2 The date is given here, as also in the two following letters, as ‘Dudum siquidem videlicet sub data Kal. Januarii pontificatus nostri anno duodecimo.’ In Reg. CCCLXXIX, f. 53, it is given as ‘Dudum siquidem videlicet secundo Kal.Januarii pontificatus nostri anno xii°,’ a cross being made in the margin to draw attention to the word ‘secundo,’ and on f. 66 of that Register the date is again given as ‘dudumKal. Januarii anno duodecimo.’
3 According to Eubel, Hierarchia, ad. loc., there was at the date in question, July 13,1444, no John, bishop of Coutances, John Castiglioni not becoming bishop until the following Sept. 2.