4 Kal. July.
St. Peter's, Rome.
|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.
|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.]