Lateran Regesta 307
1431-1432

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Institute of Historical Research

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J. A. Twemlow (editor)

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1909

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367-372

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'Lateran Regesta 307: 1431-1432', Calendar of Papal Registers Relating to Great Britain and Ireland, Volume 8: 1427-1447 (1909), pp. 367-372. URL: http://british-history.ac.uk/report.aspx?compid=104460 Date accessed: 03 September 2014.


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Lateran Regesta, Vol. CCCVII (fn. 1)

1 Eugenius IV

De Exhibitis

1431.
8 Id. (fn. 2) July.
St. Peter's, Rome.
(f. 30d.)
To the dean of Cork. Mandate as below. Martin V ordered the dean of Cloyne and two others to collate and assign to David Oflynne, priest, of the diocese of Lismore (who had been dispensed by papal authority, as the son of a priest and an unmarried woman, to be promoted to all, even holy orders and hold a benefice even with cure) the chantership (cantoria) of Lismore, a non-major dignity with cure, void by the death of Thomas Rieve, and dispensed David to hold it and to resign it, simply or for exchange. The recent petition of David to the present pope contained that John Croke, clerk, of the said diocese, prevented the said mandate from taking effect, and that David caused John to be summoned before Robert Hebbod, dean of Cloyne, executor of the said letters, from whom, on a frivolous pretext, John appealed to the apostolic see, and who, rightly disregarding the said appeal, proceeded, and by a definitive sentence adjudged the said chantership to David, imposing perpetual silence on John. Meanwhile the latter impetrated papal letters in the matter of his appeal, addressed to the abbot of St. Mary's, Inishlounaght (de Furio, rectius de Surio), in the said diocese [of Lismore], and caused David to be summoned before Richard, abbot of St. Mary's, from whom, on a sufficient ground, David appealed to the said see. At the said petition, adding that some assert that the said dignity is called a precentorship (precentoria), and that neither David nor John has a right in or to the said chantership or precentorship, the pope orders the above dean (seeing that David has no hope of obtaining justice in the city of Lismore or the said diocese, on account of the inordinate favour shown by bishop Richard to the said John) to summon John and others concerned and to decide what is just, without appeal, and if he find that neither David nor John has a right, to collate and assign the said chantership or precentorship, non-elective, and value not exceeding 20 marks, to David; whether void in the way stated, or by the death of Philip Ray, or in any other way. David is hereby specially dispensed to hold it, notwithstanding the said defect etc. Vite etc. (Pe. and Jo. Rode. Pe. xxii. Quarto Non.Augusti Anno Primo. de Casatiis.)
1430[–1].
5 Id. March.
St. Peter's, Rome.
(f. 102.)
To William, bishop (sic) (fn. 3) of Orange (Aurasicen.). Decree etc. as below. It was set forth lately to Martin V by Duncan Lichton, clerk, of the diocese of Aberdeen, that the said pope had, at Duncan's instance, granted a commission to the late Bartholomew, bishop [of Orange], then holding the place of an auditor of causes of the apostolic palace, to hear and decide the cause (although not by its nature devolved to the apostolic see), which had arisen between the said Duncan and the late Thomas Duncane, priest, about the perpetual vicarage of Gamere in the said diocese, the provision of which, made to Duncan by papal authority, the said Thomas prevented from taking effect, himself detaining possession; that, after the said Bartholomew had taken some proceedings, the said pope commissioned the above bishop William, then a papal chaplain and auditor, to hear and conclude the cause; and that, the said Thomas having died in the Roman court whilst the cause was pending, the said pope, on Non. Aug. anno 13 [1430], ordered the said bishop William to surrogate Duncan in respect of whatever right Thomas had at his death, and, even if he found that neither of them had any right, to collate and assign to Duncan the said vicarage, value not exceeding 14l. sterling. The said pope having died before his said letters were drawn up, the pope decrees that they nevertheless hold good from the said date, and that these presents are sufficient proof, and orders the above bishop, who holds the place of an auditor, to execute the same. Racioni congruit. (B. and Jo. de Crivellis. B. xxiii. Secundo Id. Junii Anno Primo. Valven.)
1431.
2 Id. April.
St. Peter's, Rome.
(f. 127.)
To the bishop of Dunkeld and the abbots of Scone and Cupar, in the diocese of St. Andrews. Mandate, at the petition of Donald Macnachtane, dean of Dunkeld, doctor of canon law (containing that formerly, on the voidance of the canonry and prebend of Logy in Dunblane (fn. 4) by the resignation of Alan Stewart, made to Michael [now] bishop, then elect, of Dunblane, the said bishop made collation and provision thereof by his ordinary authority to the said Donald, who obtained possession in virtue thereof, and is still in possession; and adding that he doubts whether the said collation and provision of the said canonry and prebend, which, as the pope has learned, are still void, hold good), to collate and assign to the said Donald (who is also M.A., and who was lately dispensed by papal authority, as the son of an unmarried nobleman and an unmarried woman (i) to be promoted to all, even holy orders and hold a benefice even with cure, (ii) to hold any mutually compatible benefices, of any number and kind, with or without cure, and to resign them, simply or for exchange) the said canonry and prebend, value not exceeding 8l. sterling, whether void as stated, or by the resignation of Robert de Cardo, or in any other way; notwithstanding that he holds the said deanery, a major elective dignity with cure, value not exceeding 40l. sterling, and that he was lately dispensed by papal authority to hold for seven years therewith any other incompatible benefice. Litterarum etc. (An. and pro Jo. de Crivellis, Jo. Rode. An. xxx. Sextodecimo Kal. Augusti Anno Primo. de Adria.) [See Cal. Lett. VII, pp. 102, 103.]
11 Kal. Nov.
St. Peter's, Rome.
(f. 159.)
To Master Laurence de Arecio, papal chaplain and auditor. Mandate as below. The recent petition of John Arons, priest, of the diocese of St. Andrews, contained that formerly John Lauson and Thomas Mireton resigned, for purpose of exchange, their respective vicarages of Hadyngeon (sic) and Kymrachi (sic), in the said diocese, to John, bishop of Glasgow (fn. 5) who, in virtue of the special power which he had for the purpose from Henry, bishop of St. Andrews, (fn. 6) carried out the exchange, in virtue of which the said Thomas obtained Hadyngeon; that a cause arose between the said Thomas and Donald Post, priest, who prevented Thomas's peaceable possession, and that at Donald's instance Martin V committed the cause, although not by its nature devolved to the Roman court, to Master John de Palena, papal chaplain and auditor, who by an unjust definitive sentence adjudged the said vicarage to Donald, and imposed perpetual silence on Thomas, condemning him in costs; and that (on Thomas setting forth to the said pope that although he had sent William de Lothton (fn. 7) to the said court with a sufficient mandate of proxy to defend him in the said cause the said William delayed overmuch on his journey and, even before he reached the said court, lost the said mandate, wherefore the said sentence was not appealed from) the said pope commissioned the above auditor Laurence to sequestrate the fruits of the said vicarage and, after Thomas should obey the said sentence as far as regarded the said costs, restore him to make appeal therefrom, and administer justice to the parties. Subsequently, before the said restoration was made, the said Thomas resigned the said vicarage, being in possession, to bishop Henry, (fn. 8) who, perhaps in ignorance of the said suit, accepted it by his ordinary authority and, believing it to be thereby void, made collation and provision to the above John Arons, likewise ignorant, who in virtue thereof obtained and still holds permission, taking the fruits. Seeing that the said collation and provision do not hold good, and that, as some assert, even the said Donald has no right in or to the said vicarage, the pope hereby orders the above auditor to summon Donald and others concerned, and, if and after the said sequestration and obedience have been made, to admit the said John Arons to appeal from the said sentence, and, in the event of his doing so and of his finding that Donald has no right, to collate and assign to the said John Arons the said vicarage, value not exceeding 45l. sterling, whether void by the resignation of the said John Lauson or Thomas or in any other way. Vite etc. (An. and N. Volrat. An. xxv. Tercio Non. Novembris Anno Primo. de Adria. Correcta et expedita Decimo Kal. Decembris Anno Primo. An. de Adria.) [See above, pp. 199, 203.]
5 Id. Nov.
St. Peter's, Rome.
(f. 161d.)
To the bishops of Alet and Glasgow and the archdeacon of Glasgow. Mandate as below. The petition of Thomas Wissehart, perpetual vicar of Kilpatrik in the diocese of Glasgow, contained that although provision of the said vicarage was, on its voidance by the death of John de Lowdown, ordered by papal letters to be made to him [above, p. 100], John de Benyng, clerk, of the said diocese, has prevented the mandate from taking effect, detaining possession, as he still does, and taking the fruits; that Thomas caused John to be summoned before John de Hawic, precentor (cantor) of Glasgow, executor of the said letters, who gave a definitive sentence in favour of Thomas, making provision to him and inducting him, and removing John and imposing perpetual silence on him, from which sentence John appealed to the apostolic see; that Martin V committed the appeal to Master John Andree, and the present pope to Master Anthony de Sancto Vito, papal chaplain and auditors, the latter of whom by a definitive sentence confirmed the sentence of the said precentor, and declared John's appeal bad, condemning him in fruits taken from the vicarage since the delivery of the said precentor's sentence, and in the costs of the suit before himself; that John's appeal to the said see from the sentence of Master Anthony was committed by the pope to Master John de Palena, papal chaplain and auditor, who by a definitive sentence confirmed the sentence of Master Anthony, declared John's appeal therefrom bad, and condemned him in the fruits since the delivery of Master Anthony's sentence and in the costs of the suit before himself, the said Master John subsequently assessing the costs of the suits before Master Anthony and himself at 25 and 18 florins of gold of the camera respectively. At the petition of Thomas, who doubts whether whilst the suit has been pending others have intruded themselves or may do so, the pope orders the above three to execute the aforesaid, inducting Thomas and causing satisfaction to be made to him in respect of the said fruits taken and costs, and to proceed to the execution of these presents against such intruders. Exhibita nobis. (An. and Anselmus. An. xxiiii.de Adria.) [See also above, p. 203.]
11 Kal. May.
St. Peter's, Rome.
(f. 208d.)
To the bishop of St. Andrews and the abbots of Melros and Cupar, in the dioceses of Glasgow and St. Andrews. Mandate, at the petition of the Cistercian abbot and convent of Balmorinach in the diocese of St. Andrews (containing that Laurence de Ramsay, knight, Gilbert de Seton and John de Wemys, laymen, of the said diocese, and certain others strive to molest them in regard to the bounds of their immemorial possessions), to summon the said Laurence and others, and to define the said bounds, not to allow the said abbot and convent to be so molested, and to compel molesters, first by monition and then by ecclesiastical censure, without appeal, to desist.Exhibita nobis. (An. and H. Raiscop. An. xx. de Adria.)
3 Non. April.
St. Peter's, Rome.
(f. 214d.)
To the dean and Nicholas Omaenaidh and Dermit Macgardagan (sic), canons, of Killala. Mandate as below. The recent petition of Cornelius Otagair, priest, of the diocese of Killala, contained that after he had obtained, collated to him by authority of the ordinary, and had held for some time, the perpetual vicarage of Killglaisse in the said diocese, on its voidance by the resignation of Cormac Ydubda to bishop Fergallus, Rory Macgillidub, clerk, of the said diocese, falsely suggested to Martin V that the said Cormac had held possession for more than a year without being ordained priest, had dilapidated the goods of the said vicarage, and had neglected to reside and celebrate masses and other divine offices; that the said pope ordered Nemeas Obrollan (sic) and Donatus Odubda, canons of Killala, if they found the above true, to deprive and remove Cormac and to collate and assign the vicarage to Rory [above, p. 102]; and that the said canons, without observing the form of the said mandate, proceeding also against the above Cornelius, then in possession, although of this no mention had been made in the said letters, unjustly despoiled him and intruded Rory, wherefore he appealed to the apostolic see. The said petition adding that it is asserted that neither Cornelius nor Rory has a right, the pope orders the above three to summon Rory and others concerned and, after restoring Cornelius, to hear and decide the appeal and the original matter, and if they find the said assertion true, to collate and assign to Cornelius the said vicarage, value not exceeding 8 marks, whether void as above, or because Patrick Oflandgarke (recvius Oflandgaile), clerk, held it for more than a year without being ordained priest, or void in any other way.Vite etc. (B. and H. Raiscop. B. Gratis pro deo. Quarto Non. Junii Anno Primo. Valven.)
8 Id. July.
St. Peter's, Rome.
(f. 227.)
To the bishop of Alet, the provost of Lincloudance in the diocese of Glasgow, and Richard Petyt, canon of Ross. Mandate to collate and assign to Nennius Machown, priest, of the diocese of Glasgow, the perpetual vicarage, value not exceeding 24 gold florins of the camera, of Straton in the said diocese, to which, on its voidance by the resignation of the late Andrew Makowin to the late William, bishop of Glasgow, he was presented by the patrons, abbot Roland and the convent of the Cluniac monastery of Crossraguel (de Crosregali) in the said diocese, and instituted by the said bishop; Nennius now doubting whether the said presentation and institution (in virtue of which he obtained the said vicarage, which, as the pope has learned, is still void as above) hold good. Vite etc. (An. and G. de Elten. An. xx. Nono Kal. Augusti Anno Primo.de Adria.)
1430[–1].
5 Id. March.
St. Peter's, Rome.
(f. 255.)
To the bishop of Alet, the archdeacon of Caithness and the treasurer of Aberdeen. Decree etc. as above, f. 102, and for the same reason, in regard to the collation granted by Martin V on Id. June anno 13 [1430] to William de Dunbar, clerk, of the diocese of St. Andrews, by both parents of noble race, of the archdeaconry of Moray, a non-major non-elective dignity with cure, value not exceeding 30l. sterling, of which, on its voidance by the death of John Forbes, bishop Columba made collation and provision to the said William, who doubted whether the same held good; whether it had become void in the way stated, or by the death of James de Dunbar, or in any other way. The pope further orders the above three to make the collation in accordance with the said pope's will. (An. and Jo.Rode. An. xxiiii. Quintodecimo Kal. Maii Anno Primo.de Adria.)
1431[–2].
7 Kal. Feb.
St. Peter's, Rome.
(f. 311.)
To the abbot of Macosquin (de Claro fonte) and the prior of Dungemin, in the diocese of Derry, and Dermit Macblosgaid, canon of Derry. Mandate to collate and assign to James Oloman (sic), deacon, of the diocese of Derry, the rectory of Dyssert Otuacaill in the said diocese, value not exceeding 4 marks sterling, of which, void by the death of Henry Olonan, its rector, bishop Donald made collation and provision to him, by his ordinary authority, in virtue of which he obtained possession, and, by reason of an impediment, has held it for more than a year, without having himself ordained priest, taking fruits not exceeding 20s. sterling. He now doubts whether the said collation and provision of the said vicarage (sic), which, as the pope has learned, is still void as above, hold good. Vite etc. (An. and [H.] Raiscop. An. Gratis pro deo. Nono Kal.Marcii Anno Primo. de Adria.)

Footnotes

1 On the back of the volume is the usual Italian description ‘Eugenio IV. 1431. Anno 1, Lib. 12’ (which is repeated on a modern slip of paper) and, in pencil, ‘Primus de Exhibitis a. I.’ On the bottom edge of the volume is the contemporary description: Primus de Exhibitis anno primo Euqenii pape iiiiii . A flyleaf has the contemporary notes: ‘Nicolaus rubricauit librum hune 1433 die 21 Julii Ghostendorus’ and ‘de Exhibitis anno primo.’
2 Corrected in the margin from ‘Kal.’ by Pe. de Casatiis.
3 On f. 150 and 308d respectively under the same date as above, viz., 1430, i.e. 1430[–1], 5 Id. March anno 1, he is addressed as ‘William, elect of Orange, and as William Aragonis, elect of Orange On f. 108d he is addressed as William, bishop of Orange, dwelling in the Roman court, under date 1431, 3 Non. May anno 1. On f. 119 he is addressed as William, elect of Orange, under date 1430[–1], 14 Kal. April anno 1. William Aragonis or Aragonus, auditor, etc., was provided to the see of Orange, 1430, Oct. 2, on its voidance by the death of Bartholomew, who had also been an auditor, etc., and who is doubtless the Bartholomew mentioned in the above letter. See Eubel, Hierarchia. vol. II ad. verb. Aurasicen.
4 Corrected in the margin from ‘Dunkeld’ by An. [de Adria].
5 Corrected in the margin from ‘Henry, bishop of St. Andrews,’ with note:Cassatum et correctum de mandato Domini B[lasii patriarche] Graden., Cancellariam apostolicam regentis, An[dreas] de Adria.
6 The clause in italics is added in the margin, with note: Correctum ut supra An. Other corrections in the margin are also subscribed by An.
7 Originally ‘Lathaon’; written over and apparently made into ‘Lothton.Cf. below, p. 399.
8 Henrici is added in the margin by An.