Lateran Regesta 319
1431-1433

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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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456-467

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'Lateran Regesta 319: 1431-1433', Calendar of Papal Registers Relating to Great Britain and Ireland, Volume 8: 1427-1447 (1909), pp. 456-467. URL: http://british-history.ac.uk/report.aspx?compid=104472 Date accessed: 19 September 2014.


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Lateran Regesta, Vol. CCCXIX (fn. 1)

3 Eugenius IV

De Diversis Formis

1433.
15 Kal. Aug.
St. Peter's, Rome.
(f. 3d.)
To Henry Penwortham, rector of Earde in the diocese of Rochester. Prolongation as below. He was lately dispensed by papal authority to hold with the said church another parish church for one year, which year, when not yet at an end, the present pope prolonged by two. At his recent petition, containing that in virtue of the said dispensation he, who is a member of the household and registrar of the letters of archbishop Henry, obtained and is holding with Earde the parish church of Bysshoppesborne in the diocese of Canterbury, value not exceeding 40l. and 50l. respectively, and that for obtaining the said dispensation he visited the Roman court at grave expense and bodily danger, the pope hereby prolongs the said two years, which are about to end, by other two. Vite etc. (An. and Conilli. | An. xxiiii. de Adria.) [See above, pp. 324, 379.]
16 Kal. Oct.
St. Laurence's
in Damaso, Rome.
(f. 4d.)
To the bishop of Killaloe. Mandate, after imposing penance for incest, to dispense to marry Dermit Marmachuna (sic), layman, and Syban yni Macmachuna, of his diocese, who, not in ignorance that they were related in the third and double fourth degrees of kindred and the third degree of affinity, committed fornication and had offspring, which, with future offspring, is to be decreed legitimate. Oblate nobis. (An. and Ja. Goier. | An. xxx. de Adria.)
14 Kal. Oct.
St. Laurence's
in Damaso, Rome.
(f. 4d.)
To Richard Roderham, rector of Belesbi in the diocese of Lincoln, S.T.M. Dispensation as below. Martin V dispensed him to hold for seven years with Belesbi one other, or, if he resigned Belesbi, any two benefices with cure or otherwise incompatible, even if major or principal dignities etc. and to resign them, simply or for exchange, as often as he pleased. At his recent petition, containing that he obtained the treasurership of Hereford, a non-major dignity with cure, and has held it for some time, as he still does, with Belesbi, value not exceeding 10 and 24 marks respectively, and that the said period is about to end, the pope hereby dispenses him to hold them together for life, and to resign them etc. as above, provided that he do not hold two major or principal dignities etc. Litterarum etc. (Ja. and A. de Camporegali. | Ja. xxxx. Aprutin.) [See above, pp. 90, 311.]
1433.
8 Id. Oct.
St. Peter's, Rome.
(f. 16.)
To James Stewart, clerk, of the diocese of Aberdeen. Dispensation to him—to whom, the son of a married earl and a married woman, and tonsured without canonical dispensation, the pope has ordered [below, Reg. Lat. CCCXXI, f. 100] provision to be made of a canonry of Aberdeen with the prebend of the pensionaria of Ellone, and of a canonry of Moray with the prebend of Glenghuarne, value together not exceeding 16l. sterling, and of the hospital without cure of Rothafaine in the diocese of Aberdeen, wont to be assigned as a perpetual benefice to secular clerks, value likewise not exceeding 16l. sterling; whom he has dispensed [ibid.] to act as a clerk and to be promoted to all, even holy orders and hold the said three benefices; and who is a kinsman of king James—to hold any benefices with or without cure, of any number and kind, compatible with one another and with the said three, even if canonries and prebends, major or principal elective dignities etc. with cure, and to resign all, simply or for exchange, as often as he pleases; with grant that in future graces his said defect need not be mentioned. Vite etc. (An. and M. Pinardi. | An. l. de Adria.) [See also below, f. 115.]
6 Id. Oct.
St. Peter's, Rome.
(f. 20)
To Mcon Macnamara, nobleman, duke of Clandcullyan. Licence to found, in the town (villa) of Cunnych in the diocese of Killaloe or other convenient place, a house with church, bell-tower, bell, garden etc. for the use and habitation of Friars Minors. Piis fidelium votis. (An. and Conilli. | An. xxxx. de Adria.) [Wadding, Annales, vol. X, p. 526, with spelling ‘Macson. Macna-Marra’ and date ‘iv. Idus Octobris,’ taken ‘Ex lib. 1 de diversis formis etc. anno 3 (i. e. the present Register), fol. 20.]
6 Kal. Nov.
St. Peter's, Rome.
(f. 23d.)
To Fer[di]nand [de Palacios], bishop of Lugo (Lucen.), residing in the Roman court. Mandate, at the petition of Raynaldus Ycoyrbayn, priest, of the diocese of Killaloe—containing that he (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, and who had been tonsured), provision having been ordered to be made to him by authority of letters of Martin V of the perpetual vicarage of Kylfynatayn in the said diocese, consented to his brother's making presents to Donald Macchalla, priest, of the said diocese, the then possessor, in order that he might resign it for the benefit (ad opus) of Raynaldus, who thereby incurred the sentences and penalties of simony; that he obtained the said vicarage and detained it for some time, subsequently resigning it, upon its being adjudged from him (ab eo sententialiter cuictam); and that meanwhile, being under the said sentences etc., he had himself promoted to all the said orders and ministered therein—to absolve him from the said sentences etc., enjoining penance, dispense him on account of the irregularity thus contracted, and rehabilitate him. Sedes apostolica. (An. and A. de Camporegali. | An. xvi. de Adria.)
1433.
16 Kal. Sept.
St. Peter's, Rome.
(f. 29.)
To John [Low], elect of St. Asaph. Faculty for him, to whom the pope has recently made provision of the said see, to be consecrated (fn. 2) by any catholic bishop [assisted by two or three others]. The said bishop shall thereafter send John's oath of fealty, as usual. Cum nuper ecclesie Assaven. (An. and Ja. Goyer. | An. xii. de Adria.)
7 Kal. April.
St. Peter's, Rome.
(f. 29d.)
Relaxation, to be valid during twenty years, of five years and five quarantines of enjoined penance to penitents who on the principal feasts of the year and that of the dedication, the usual octaves and days, and of a hundred days to those who during the said octaves and days visit and give alms for the repair and fabric of the cathedral church of Elphin, dedicated to St. Mary the Virgin, which has been greatly deformed by fire. Univ. etc. Dum precelsa. (An. and A. de Luschis. | An. xxx. de Adria.)
10 Kal. Sept.
St. Peter's, Rome.
(f. 30d.)
To the bishop of Dunkeld, the abbot of Inchcolm (Insule Sancte [sic] Columbe) in the diocese of Dunkeld, and the dean of Dunkeld. Mandate, at the recent petition of John, bishop of Brechin—containing that his predecessors granted to farm, etc. to clerks and laymen, to some for life, to some on long leases, and to some in perpetuity, divers possessions etc. of the episcopal mensa—to annul the said grants etc., and to recover the possessions which have been alienated. Humilibus supplicum votis. (Ja. and Anselmus. | Ja. xiiii. Aprutin.)
17 Kal. Oct.
St. Laurence's
in Damaso, Rome.
(f. 34d.)
To William de Fowlis, archdeacon of St. Andrews, M.A. Exemplification from the register of Martin V of that pope's letters Litterarum sciencia, vite etc. addressed to William de Fowlis, rector of Camyslang in the diocese of Glasgow, M.A., dated at S. Maria Maggiore, Rome, 17 Kal. Aug. anno 6 [1423, in Cal. Lett. VII, p. 298], dispensing him, at the petition of Archibald, earl of Douglas, and of himself—whom the said pope had previously dispensed to receive and hold for three years with the said church, of the patronage of laymen, the parish church of Seton in the diocese of St. Andrews, also of the patronage of laymen, and value not exceeding 30l. and 40l. of old sterlings respectively; who was chancellor of the said earl, had taken the said degree at Paris, and in virtue of the said dispensation had obtained the said church of Seton, and was still within the said three years—to hold, with consent of their patrons, the said two churches together for life, and to resign them, simply or for exchange, as often as he pleased; with decree that the present exemplification shall have the force of the original. Provisionis nostre. (Ja. and Cyprianus. | Ja. lii. Aprutin.) [See also Cal. Lett. VII, pp. 203, 360, 369.]
4 Kal. Sept.
St. Laurence's
in Damaso, Rome. (fn. 3)
(f. 51d.)
To Richard Praty, chancellor of Salisbury, S.T.M. Dispensation, at the petition of Sigismund, king of the Romans and of himself, who is dean of the chapel of king Henry, to hold for life with the said chancellorship, which is a non-major dignity with cure, value, with its annexed canonry and prebend of Bryklesworthe, not exceeding 100 marks (besides which he holds the wardenship of Holy Trinity, Stratford, in the diocese of Worcester, an office wont to be held with an incompatible benefice with cure, value not exceeding 80 marks) any benefice with cure or otherwise incompatible, and to resign both, simply or for exchange, as often as he pleases. Litterarum etc. (An. and M. Pinardi. | An. xxxx. de Adria.)
[4 Kal. Sept.
St. Laurence's
in Damaso Rome.]
(f. 55.)
To Andrew Holes, rector of Daneham in the diocese of Lichfield, licentiate of canon law, a papal chamberlain. [Dispensation to him—who was] lately [dispensed by papal authority to hold for three years] with the said church any other benefice with cure or otherwise incompatible, even if another parish church or a perpetual vicarage, or a dignity, personatus or office in a metropolitan, cathedral or collegiate church, even if such dignity were major or principal accordingly, and such dignity [etc.] were [elective and had cure] … Grata devocionis obsequia …. necnon nobilitas generis litterarum sciencia, vite …. (This letter, which has at the beginning ‘Conilli,’ but is unfinished and cancelled with strokes, without note, is apparently the first part of the next following letter.)
4 Kal. Sept.
St. Laurence's
in Damaso, Rome.
(f. 56d.)
To the same. Dispensation to him—who was lately dispensed by papal authority (i) to hold for three years with the above church any other benefice with cure or otherwise incompatible, and to resign both, simply or for exchange [Cal. Lett. VII, p. 499], (ii) after having in virtue of the said dispensation obtained the archdeaconry of Anglesey in Bangor, a non-major dignity with cure, and held it for some time with Daneham, to hold them together for five years after the lapse of the said three, and to resign them, simply or for exchange [above, p. 92]; who is of knightly race, and who lately, after taking the degrees of bachelor of canon and of civil law, has for three years and more on lecture days publicly lectured in the schools in the university of Oxford in the said canon and civil law, in order to take the licentiateship in canon law, which he has done (et dudum, post susceptionem graduum bacallariatus in utroque iure, per triennium et ultra diebus et horis legibilibus, secundum morem universitatis studii Oxonien. Lincolnien. dioc., in utroque iure hujusmodi pro forma assequendi licencie gradum in decretis, quem postmodum suscepisti, in scolis publice legisti), who still holds the said church and archdeaconry, value not exceeding 20l. and 27l. respectively, and holds a canonry with the prebend called Grendale in York, a canonry in St. Mary's Southwell in the diocese of York and one [namely, the first part] of the prebends of Oxton and Crophille, wont to be held by two of its canons, (fn. 4) and a canonry and prebend of St. Asaph (necnon de Grendale nuncupatum [sic] in Eboracen. ac alteram ex de Oxton et Crophille in beate Marie Suthwellie Eboracen. dioc. per duos illius canonicos sic obtineri solitis prebendis necnon in Assaven. ecclesiis canonicatus et prebendas), the value of all of which does not exceed 50l.—to hold together the said church and archdeaconry even after the lapse of the said five years, which are not yet expired, and to do so for life, and to resign them, simply or for exchange, as often as he pleases. Grata …. as in the preceding. (An. and Conilli.) | An. xxxx. de Adria.)
6 Id. Oct.
St. Peter's, Rome.
(f. 65.)
To the precentor (cantori) of Brechin. Mandate, at the recent petition of David Crannach, clerk, of the diocese of Aberdeen—containing that he formerly, believing that provision had been ordered by papal letters to be made to him of the rectory of Arbuthnoth in the diocese of St. Andrews, which was said to be void, was induced by others, in return for a yearly pension from James Lyndesay, clerk, who was then in possession (possessioni tunc incumbenti), to agree by oath to resign to bishop James any his right in or to the said church; and that he subsequently promised, also by oath, at his own expense to defend and maintain the said James in possession of the said church against anyone soever, even on the ground of his own said right (eciam ex jure suo hujusmodi), or of the right of William Croyser, archdeacon of Lothian, or of the right of any other; and adding that in the matter of the said promise and oath he was deceived and injured, and that he is ready to restore to the said James whatever money he may have received—if the facts be so, and after David has deposited with him or other trustworthy persons the said money, to absolve him from the said promise and oath, and to decree that he is not bound to observe them. Humilibus supplicum votis. (An. and Cyprianus. Jo. de Reate. | An. xx. de Adria.) [See above, pp. 256, 257, 422.]
7 Id. Sept.
St. Laurence's
in Damaso, Rome.
(f. 72.)
Relaxation, to be valid in perpetuity, of four years and four quarantines of enjoined penance to penitents who on the feast of the Assumption visit and give alms for the reformation and conservation of the church of the Cistercian monastery of St. Mary's, Boyle (de Buellio), in the diocese of Elphin. Univ. etc. Dum precelsa. (An. and A. de Luschis. | An. xxx. de Adria.)
4 Kal. Sept.
St. Laurence's
in Damaso, Rome.
(f. 79d.)
Confirmation, with exemplification, at the recent petition of Walter Stewart, earl of Athol, of the letters Univ. sancte matris … Splendor paterne glorie, of Henry, bishop of St. Andrews, sealed with the seals of the said bishop and the chapter of St. Andrews, and dated at St. Andrews 4 May A.D. 1433, the thirtieth year of the bishop's consecration, which letters
(i) exemplify the letters of Walter Stewarte, son of the king of Scotland, brother and uncle of kings, earl palatine of Athol, Caithness and Stra[t]herne, lord of Methven, and patron of the parish church of Methven in the diocese of St. Andrews, In laudem et honorem dei, sealed with his seal at his castle of Met[h]ven, 1 May A.D. 1433, with the following witnesses—Robert, bishop of Dunkeld, John, bishop of Brechin, Michael, bishop of Dunblane, William, abbot of Inchaffray (Insulemissarum), Robert Stewart, lord of Lorne, Patrick le Grahame, lord of the same, David Murrar of Culibardin (rectius Tulibardin), John de Speciesa of Bothcuhopil, Luke de Stucely and Tristram (Trestramus) de Gorty, and many others [not named]. setting forth that in honour of God and Jesus Christ, of the Blessed Virgin Mary and St. Mernoc the Confessor, and All Saints, he, for the welfare of his soul and of the souls of the kings of Scotland and of his own ancestors and successors, and with the consent of the said bishop, is founding a college at the said church of Methven, with a provost, five perpetual chaplains and four boys, each chaplain to have yearly 14 marks of the current money with a dwelling (unacum manso suo) near the said church, and each boy to have 5 marks, to be paid by the provost at Whitsuntide and Martinmas from the tithes and fruits of the said church, the rest of the tithes etc. to belong to the said provost, together with the following lands, namely 8 marks’ worth of land to be chosen by him from the earl's lands, adjoining the said church, of Salchope, Petterly, Pettrevy and Drumcarne, with common pasture and firing and their other appurtenances etc., and with twelve marks’ worth of the lands of Camsy situate within the earl's said demesne [of Methven], with their appurtenances, the said provost to bear all burdens of his provostship, paying to the vicar pensionary of the said church 12 marks. The earl further wills and ordains that the parish clerk shall be sacristan for ringing the bells and serving in the said college, as is the custom in other collegiate churches, to whom he grants a dwelling with an acre of land and its appurtenances, with pasture for two cows and a horse; that by the earl and his successors the provost shall at each voidance be presented to the bishop and the chaplains to the provost, the vicar pensionary being presented by the provost to the bishop; that the provost shall be continually resident, in person or by a deputy who shall not be one of the said chaplains; that the said chaplains and boys shall reside continually in person in their dwellings, to minister at divine service (the manner of which the earl prescribes); that no chaplain shall publicly keep a concubine, under pain of deposition by the bishop after being thrice warned by the provost, etc. etc.
(ii) erect, with consent of the prior and chapter of St. Andrews, the said church of Methven into a collegiate church, and confirm the above donations, saving episcopal rights etc., the institution and destitution of the said provost and vicar pensionary, etc.
(iii) ordain, with consent of the said prince, that the said five chaplains shall be bound to celebrate the said bishop's obit every year (in the manner which the bishop prescribes). Ad. perp. rei mem. Desiderantes ab intimis. (Ja. and M. Pinardi. | Ja. lx. Aprutin.) [7 pp.]

1 Eugenius IV

1431.
10 Kal. Oct.
St. Peter's, Rome.
(f. 86d.)
To Thomas Banastre, rector of Donemowe in the diocese of London. Rehabilitation etc. as below. His recent petition contained that after he had been dispensed by papal authority, as the son of a priest and an unmarried woman, (i) to be promoted to all, even holy orders and hold three benefices, even if one had cure and two were canonries and prebends in cathedral or collegiate churches, and to resign them, as often as he pleased, simply or for exchange, (ii) to hold for life with his parish church of Teveresham in the diocese of Ely, any benefice with cure or otherwise incompatible, even if another parish church etc. and to resign both, simply or for exchange, as often as he pleased [Cal. Lett. VI, p. 489], and after he, having resigned Teveresham, had obtained the parish churches of Donemowe and Swannescourp and the perpetual benefice without cure called a mastership or wardenship in the church of St. John Baptist, Tenby (de Tenebia), in the dioceses of [London], Rochester and St. Davids, he, without obtaining other dispensation, obtained, collated to him by authority of the ordinary, a canonry of St. John Baptist's, Stoke, in the diocese of Norwich, with the prebend called of the second stall, and a canonry and prebend of St. Asaph, which he still detains, taking the fruits. At the said petition of the said Thomas, who still holds the said church of Donemowe and benefice called mastership, and holds the archdeaconry of Bangor, a non-major dignity with cure, value not exceeding 60, 15 and 30 marks respectively, the pope rehabilitates him, grants that the collations etc. made to him of the said canonries and prebends of Stoke and St. Asaph, value not exceeding 6 and 3 marks respectively, shall hold good as if he had been sufficiently dispensed on account of the said defect, and dispenses him to hold them with the said archdeaconry, church of Donemowe and benefice called mastership. Vite etc. (An. and A. de Camporegali. | An. xxx. Septimo Idus Augusti Anno Secundo. de Adria.)

3 Eugenius IV (cont.)

1433.
14 Kal. Oct.
St. Laurence's
in Damaso, Rome.
(f. 90d.)
To the bishop of Elphin. Mandate, after imposing penance for incest, to dispense to marry Oddo Okeallaigh, layman, and Beanmugan inge Concobair, of his diocese who, not in ignorance that they were related in the double third degree of affinity and the fourth degree of kindred, committed fornication; decreeing past offspring, if any, and future offspring legitimate. Oblate nobis. (An. and M. Pinardi. | An. xxiiii. de Adria.)
Ibid.
(f. 91.)
To the bishop of Clonfert. A like mandate in the case of William de Burgo, layman and Mor inge Ceallaigh, of his diocese, who, not in ignorance that they were related in the double third degree of kindred and the third and fourth and double fourth degrees of affinity, committed fornication. Oblate etc. (An. and M. Pinardi. | An. xxvi. de Adria.)
1433.
14 Kal. Oct.
St. Laurence's
in Damaso, Rome.
(f. 90d.)
To the bishop of Achonry. A like mandate in the case of Cornelius, layman, and Mor, both called Macdonnchaigh, of his diocese, who, not in ignorance that they were related in the double third and double fourth degrees of kindred, committed fornication. Oblate etc. (An. and M. Pinardi. | An. xxiiii. de Adria.)
15 Kal. Nov.
St. Peter's Rome.
(f. 91d.)
To Thomas [Rodburn], elect of St. Davids. Faculty to him, to whom the pope recently [Oct. 5, 1433] (fn. 5) made provision of the said see, to be consecrated by any catholic bishop, assisted by two or three others. The said bishop shall thereafter send Thomas's oath of fealty, as usual. Without prejudice to the archbishop of Canterbury as metropolitan. Cum nos nuper. (An. and A. de Camporegali. | An. xii. de Andria.)
Ibid.
(f. 92.)
To John Burgherssh, elect of Sodor. Faculty to him, to whom the pope some time ago [April 22, 1433] (fn. 6) made provision … usual, as in the preceding. Without prejudice to the archbishop of York as metropolitan. Cum nos pridem.
Prid. Kal. Aug.
St. Peter's, Rome.
(f. 99d.)
To William Brounyng, rector of Uggeburgh in the diocese of Exeter, doctor of canon law. Dispensation as below. Martin V successively (i) dispensed him to hold for four years his perpetual vicarage of Modbury in the diocese of Exeter and any other benefice with cure or otherwise incompatible, (ii) upon its being set forth to him by William that he had obtained and was holding with the said vicarage, [in virtue of the said dispensation], the above rectory of Uggeburgh, prolonged the said four years by three, (iii) dispensed him to hold them together for five years more and to resign them, simply or for exchange, as often as he pleased [above, p. 87]. At the recent petition of William, who is also B.C.L. and holds a canonry and prebend of Exeter, value not exceeding 6 marks, containing that he resigned the said vicarage and obtained the parish church of Burynerberd in the same diocese, and has held it and the above rectory for some time, value together not exceeding 150 marks, and that the said five years is about to expire, the pope dispenses him to hold them together for life, and to resign them, simply or for exchange, as often as he pleases. Litterarum etc. (Ja. and A. de Camporegali. | Ja. xxxx. Aprutin.)
11 Kal. Oct.
St. Laurence's
in Damaso, Rome.
(f. 115.)
To James Stewart, clerk, of the diocese of Aberdeen. Rehabilitation as below. After having been dispensed by papal authority, as the son of unmarried parents, to be promoted to all, even holy orders and hold six compatible benefices with or without cure, even if canonries and prebends in cathedral churches, he, who is the son of a married earl and a married woman, on the strength of the said dispensation (hujusmodi dispensationi innitendo) had himself made a clerk and obtained, after otherwise lawful presentations and institutions, a canonry of Aberdeen with the prebend of the pensionaria of Ellone, of lay gift, void by the death of John de Dunbreke, a canonry of Moray with the prebend of Glenghuarne, also of lay gift, void by the death of Thomas Mathane, and the hospital without cure of Rethafane (sic) in the diocese of Aberdeen, wont to be assigned to secular clerks as a perpetual benefice, of lay gift every third turn (pro tertia vice), void by the resignation to bishop Henry of Walter Stewart, its rector. The pope hereby rehabilitates him, who is a kinsman of king James, requiring him to resign the said three benefices. Sedes apostolica. (An. and Anselmus. An. xxi. de Adria.) [See above, f. 16, and below, Reg. Lat. CCCXXI, f. 100.]
5 Id. March.
St. Peter's, Rome.
(f. 130.)
To Fergallus Mackilruays, prior of the Augustinian priory of St. Mary, Mayhel, in the diocese of Ardagh. Confirmation of the provision ordered by John XXIII to be made to him of the said priory, previously reserved to the apostolic see, on its voidance by the death of Gilbert Omoran [Cal. Lett. VI, p. 392], notwithstanding that the said letters stated that the value did not exceed 6 marks, whereas it exceeds 6 but not 10, and stated that the said priory is independent, whereas it is said to depend on the monastery of St. Peter, Dearg, in the said diocese. Religionis zelus, vite etc. (Ja. and Ja Goier. | Ja. vii. Residuum pro deo. Tertio Non. Maii Anno Tertio. Aprutin.) [See also Cal. Lett. VII, p. 84.]

De Regularibus

7 Id. April.
St. Peter's, Rome.
(f. 184.)
To Master John Walling, papal chaplain and auditor. Mandate as below. It was set forth to Martin V by the late Valentine Garnerii, monk, that a dispute having arisen between Lewis Paynelli, monk of the Benedictine monastery of Saint-Jouin-de-Marnes (Sancti Jouini de Marnis) in the diocese of Poitiers, and Griffin, bishop of Ross, about the Benedictine priory of St. James, Pirmil (de Pyramillyo), (fn. 7) in the diocese of Nantes, which both Lewis and the said bishop claimed, on its voidance by the death of Valentine Claroini; that the cause having, by Lewis's appeal, lawfully devolved to the Roman court, the said pope committed, at Lewis's instance, the cause of the appeal and of the principal matter to Master John de Bononia, then his chaplain and a papal auditor, who by a definitive sentence adjudged the said priory to Lewis and imposed perpetual silence on the said bishop; that the said pope committed the said bishop's appeal to the apostolic see to Master Laurence de Aretio, also his chaplain and a papal auditor, and moreover, at the instance of the said Lewis, who asserted that the said bishop had been in possession for less than three years, gave commission to the said auditor to sequestrate the said priory; that the said auditor—after sequestrating the priory, and after admitting to take part in the cause (sua in hujusmodi causa interesse) the above Valentine Garnerii, who asserted that provision had been ordered by letters of the said pope to be made to him of the priory, on its voidance as above, and that the said bishop and Lewis had opposed the said mandate and prevented it from taking effect—proceeded short of a conclusion; and that, whilst the suit was pending before the said auditor Laurence, the said Lewis had hindered the said sequestration or taken possession of the fruits sequestrated, and the said bishop, being in possession of the priory, had, before William Lesne, notary public by imperial authority, and witnesses, resigned the said possession and the said cause and all right in or to the priory. The said pope therefore, considering that, if the fact were so, the said Lewis had eo ipso forfeited all right in or to the said priory, ordered the said auditor Laurence, if he found the said resignation and the said hindrance or taking possession of fruits sequestrated to be the fact, to admit the said resignation, and to surrogate the said Valentine Garnerii to whatever right in or to the priory belonged to the said Lewis at the time of the said hindrance or taking possession, and to the said bishop at the time of the said resignation, and to collate and assign to him the said right, etc., and moreover to collate and assign to him the said priory itself … (The rest of the letter, which no longer concerns bishop Griffin, relates the continuation of the cause between Lewis and Valentine Garnerii until the latter's death, and its commission to the above auditor John Walling by Eugenius IV, who now, the said Valentine having died whilst the cause has been pending before Walling, orders him to surrogate Lewis to Valentine's right, and to collate and assign to him, who is a priest, and by both parents of noble birth, the priory itself, which has cure, depends on the said monastery of St. Jouin, is wont to be governed by the monks thereof, of whom Lewis is one, is not conventual nor a dignity nor a personatus, is not elective, and whose value does not exceed 300l. of petits tournois, etc.) Religionis zelus, vite etc. (An. and Ja. Goyer. | An. xxxx. Septimo Idus Julii Anno Tercio. de Adria.) [6 pp.]
5 Id. July.
St. Peter's, Rome.
(f. 232d.)
To the abbots of St. Mary's without the walls of York, St. Germans, Selby, and Thornton, in the dioceses of York and Lincoln. Mandate, at the recent petition of John, abbot of the Cistercian monastery of St. Mary, Fountains (de Fontibus), in the diocese of York—containing that William, John and Richard, respectively abbots of Clairvaux (Clarevallis), Theuley (de Theoloco) and Combe (de Cumba), of the said order, in the dioceses of Langres (Lincolnien., rectius Lingonen.) and Coventry, alleging themselves to be visitors of the monasteries of the order in England by authority of a chaptergeneral then celebrated in the said order, made and published certain unreasonable ordinances, prejudicial to the abbot of St. Mary's and his abbatial dignity, and contrary to the regular institutes of the order, which they constrained him to swear to observe under pain of perjury, excommunication and deposition, wherefore he has appealed to the apostolic see—to annul the said ordinances and, after relaxing the said oath, to pronounce the said abbot not to be bound to observe them, and moreover, if the said abbot wishes to prosecute his said appeal, to summon the said abbots William, John of Theuley (de Theoloco) and Richard, and others concerned, and hear and decide the said appeal. Humilibus supplicum votis. (An. and P. de Montella. | An. xx. de Adria.)
9 Kal. June.
St. Peter's, Rome.
(f. 260.)
To the chancellor of Ross. Mandate to make provision to Nicholas Oheda, monk of the Cistercian monastery of St. Sebastian without the walls of Rome (who was lately 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), if he find him fit, of the abbey of St. Mary, Carrigillihy (de Fonte Vivo), of the said order, in the diocese of Ross, value, deducting the burdens of the convent, not exceeding 12 marks, void by the death of Macrobius; summoning and removing Ma[u]ricius Ohowllachan, a Friar Minor, who without any canonical title took possession by his own temerity and has detained it for more than five years. In the event of his making the said provision he is to grant to be blessed by any catholic bishop the said Nicholas, whom the pope hereby specially dispenses on account of the said defect. Ex suscepte servitutis. (An. and P. de Montella. | An. xxxx. de Adria.)
7 Id. Sept.
St. Laurence's
in Damaso, Rome.
(f 276.)
To John FitzHenry, an Augustinian canon of St. Mary's, Newburgh, in the diocese of York, bachelor of canon law. Grant as below. The late Baldassar, bishop of Tusculum, called in his obedience John XXIII, dispensed him, then a canon of St. Mary's, to hold a benefice with or without cure, even if wont to be governed by secular clerks and of the patronage of laymen, and to resign it, simply or for exchange [Cal. Lett. VI, p. 231], the letters whereof stated that he had been dispensed by papal authority, as the son of an unmarried nobleman and an unmarried noblewoman, (fn. 8) to be promoted to all, even holy orders and hold a benefice even with cure. At his recent petition—containing that although he had obtained letters from the apostolic see in order that he might be dispensed on account of the said defect he, without having them executed, caused himself to be so promoted, otherwise lawfully, and that he has lost the letters of the said dispensation of Baldassar, after having exhibited them to the bishop of Durham and others—the pope grants to him, who holds the hospital of St. Mary de Westspitell, Newcastle upon Tyne, of the said order, in the diocese of Durham, wont to be assigned to secular clerks as a perpetual benefice, value not exceeding 80 marks, that the said lost letters hold good, and that he can retain the said hospital and, resigning it, hold another benefice with or without cure, even if wont to be governed by secular clerks, and even if of the patronage of laymen, as if the said letters of dispensation on account of the said defect had been executed, and as if in the said letters of Baldassar sufficient and express mention of the aforesaid had been made; with further grant that these presents shall suffice as proof of the said lost letters. Religionis zelus, litterarum sciencia, vite etc. (An. and M. Pinardi. | An. xxv. Secundo Non. Octobris Anno Tercio. de Adria.)
11 Kal. Jan. (fn. 9)
St. Peter's, Rome.
(f. 311d)
To the abbot of Kynloss in the diocese of Moray, and the archdeacon and the official of Moray. Mandate to collate and assign to William Durward, a Benedictine monk of Aberbrothoc in the diocese of St. Andrews, the Benedictine priory of Urquharde in the diocese of Moray, dependent on the Benedictine monastery of Dunfermlyn in the diocese of St. Andrews, wont to be governed by monks thereof, without cure and value not exceeding 50l. sterling, which became void at the apostolic see by the death there of John Schaw, and therefore reserved to Martin V, who died without disposing thereof, so that it is still void and reserved; summoning and removing William Broun, a monk of Dunfermlyn, S.T.B., who, under pretext of papal letters making no mention of the said reservation and death, has unduly detained possession for more than two years. Religionis zelus, vite etc. (An. and Ja. Goier. | An. xxvi. Nono Kal. Augusti Anno Tercio. de Adria. Correct[a] et expedit[a] Secundo Kal. Maii Anno Quarto. An. de Adria.)

Footnotes

1 On the back of the volume is the usual Italian description ‘Eugenio IV. 1433. Anno 3. Lib. 36.’ The contemporary description on the bottom edge of the volume, ‘Primus (?) …,’ is almost obliterated, and there is no contemporary flyleaf.
2 munus benedictionis (rectius consecrationis) recipere. The usual clause ‘Without prejudice to the archbishop of Canterbury’ does not occur. Cf. Le NeveHardy, Fasti, I, p. 71.
3 Corrected in the margin from ‘St. Peter's, Rome,’ by An[dreas de Adria.]
4 Le Neve-Hardy, Fasti, III, p. 448, has among the holders of the ‘prima pars’ of the prebend of ‘Oxton, or Oxton and Cropwell’ Alexander (sic) Holles, collated 28 Nov. 1431.
5 Eubel, Hierarchia, ad. loc.
6 Ibid.
7 An unfinished and cancelled copy of this same letter, on f. 183, has ‘de Pyramillis.’
8 Reg. Lat. CXLVIII, f. 312d (i. e. Cal. Lett., loc. cit.), does not state that his parents were nobles.
9 In the date Quintodecimo Kal. Julii is cancelled and corrected in the margin to ‘Undecimo Kal. Januarii,’ with the note Cassat[um] et correct[um] de mandato domini B[lasii, patriarche] Graden., Cancellariam Regentis, An de Adria.