5 Non. March.
St. Peter's, Rome.
|To Master Laurence de Arecio, papal chaplain and auditor. Mandate as below. The recent petition of John Gray, rector of Caldorecomitis in the diocese of St. Andrews, master of arts and medicine, contained that he was successively dispensed by papal authority, as the son of a married man and a nun, (i) to be promoted to all [even holy] orders and hold a benefice even with cure, (ii) to hold two or three other benefices compatible with one another, even if canonries and prebends in cathedral churches, and to resign them, simply or for exchange, (iii), having obtained the parish church of Kyrcandris in the diocese of Whiteherne, to receive a dignity, even if it were major in a cathedral and metropolitan, and principal in a collegiate church, and if it had cure and were elective, and to hold it with the said four benefices compatible therewith, and to resign it for exchange or simply, and hold instead another dignity; that, after he had obtained the archdeaconry of Whiteherne and a canonry and prebend of Glasgow, having had collation made to him of canonries and prebends of Le Mans, Orleans and St. Martin's, Tours [Marmoutier], whose statutes forbid the admission as a canon of any one of illegitimate birth, and require an oath accordingly, he, who was reputed legitimate by several of those parts, in order to be admitted to the said canonries and prebends, took the oath, thereby committing perjury; that subsequently Martin V made provision to him, without having been absolved from the said crime, of a canonry of Glasgow with reservation of a prebend and a dignity etc. of that church, and of a benefice with or without cure, even if a canonry and prebend in a cathedral or a collegiate church, in the common or several gift of the bishop and the dean and chapter etc. of Aberdeen, and dispensed him to hold for five years three benefices with cure or otherwise
incompatible, and thereafter for life two, and to resign such two, simply or for exchange; that the said pope, by other letters, absolved and rehabilitated him on account of the said perjury [Cal. Lett. VII, p. 381]; that—on its being again set forth to the said pope by the said John (who had meanwhile obtained, collated to him by papal authority [ibid.,p. 399], the parish church of Lyston in the diocese of St. Andrews, on voidance by the death of Andrew de Haroyck [rectius
Hawyck] at the apostolic see) that although he in virtue of the said letters of reservation had accepted within the lawful time, and had caused provision to be made to him of a canonry of Aberdeen and the prebend of Ouyn, lawful hindrances prevented him from causing to be published therein the said acceptance and provision within the time fixed by a certain papal constitution [Ottenthal, Regulæ Canc. Apost., Regulæ Mart. V, No. 44, i.e. Regulæ Jo. XXIII, No. 41, cf. Cal. Lett. VII, p. 173], and that moreover, after having duly obtained, likewise in virtue of the said reservation, and after acceptance and provision, the chancellorship of Glasgow, he, at the prayers and instance of king James, freely resigned it to John, bishop of Glasgow—the said pope restored his said letters of reservation, from the date thereof, as well as John himself, to the state and vigour in which they were before his said acceptances and provisions and obtaining possession of the said canonry and prebend in Aberdeen and chancellorship; that subsequently John, having then resigned the above archdeaconry and canonries and prebends of Glasgow, Le Mans, Orleans and St. Martin's, obtained the above church of Caldorecomitis, of the patronage of laymen, to which he had been duly presented and instituted, and obtained, in virtue of the above letters of reservation and restoration, a canonry of Aberdeen with the prebend of Murthlake, and, not (fn. 3) having obtained other dispensation on account of the above defect [of birth], a canonry of Glasgow and the prebend of Renfraw therein, void by the death of Patrick Houston; and that, upon Thomas de Grenlaw, priest, of the diocese of St. Andrews, claiming the above church of Lyston and the said canonry of Glasgow and prebend of Renfraw, the present pope committed the causes which Thomas intended to bring against John, namely, that in the matter of Lyston to the above-named auditor, and that in the matter of the said canonry and prebend to Master Lewis de Garsis, canon of Bologna, then residing in the Roman court, notwithstanding that they had not by their nature lawfully devolved to the said court, both of which judges are said to have proceeded to a number of acts. Seeing that, whilst the suit has been pending, the said Thomas has freely given up to the pope the said suit and all right in or to the said church of Lyston and the said canonry and prebend of Renfraw in Glasgow, the pope (to whom John has in like manner freely given up the suit and cause which he is carrying on in the Roman court about the above-named canonry of Aberdeen and prebend of Murthlake, as well as all his right in or to the same, and who has rehabilitated him on account of the aforesaid) hereby calls up to himself the said cause pending before Master Lewis, and orders the above auditor to resume it as it stood before Master Lewis, to hear it further and decide it, causing his decision to be observed by ecclesiastical censure, to surrogate John to whatever right Thomas had at the time of his said resignation in or to the said church of Lyston and canonry and prebend of Renfraw in Glasgow, to admit John to the said right and to the prosecution and defence thereof in the state in which Thomas was at the time of his resignation, and furthermore to collate and assign to John the said canonry of Glasgow and prebend of Renfraw and the said church of Lyston, value not exceeding 40 and 100 marks of old sterlings respectively, whether void as above or in any other way; notwithstanding that he holds the above church of Caldorecomitis, value not exceeding 40 marks of old sterlings, and notwithstanding his said defect, on account of which the pope hereby specially dispenses him to hold the said canonry and prebend. Litterarum scientia, vite etc. (Ja. and Anselmus. | Ja. xxxx. Duodecimo Kal. Septembris Anno Secundo. Aprutin.)