Lateran Regesta 323
1433-1435

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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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487-495

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'Lateran Regesta 323: 1433-1435', Calendar of Papal Registers Relating to Great Britain and Ireland, Volume 8: 1427-1447 (1909), pp. 487-495. URL: http://british-history.ac.uk/report.aspx?compid=104476 Date accessed: 01 October 2014.


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Lateran Regesta, Vol. CCCXXIII (fn. 1)

4 Eugenius IV

De Lexhibitis

1434.
Prid. Id. April.
St. Chrysogonus s, Rome.
(f. 33.)
To the abbot of Holy Trinity, Ballintober (de Fonte Sancti Patricii), in the diocese of Tuam. Mandate to collate and assign to John Ocarmacayn, priest, of the diocese of Tuam, the still void perpetual vicarage in the church of Tuam, with cure and value not exceeding 5 marks, as he doubts the validity of the collation and provision which, on its voidance by the resignation to dean William Raynny of Thomas Ybrayn, was made to him by the said dean, the reception of the resignation and the collation etc. belonging by ancient custom to the dean. Dignum etc. (An. and P. de Montella. | An. xxi. Secundo Kal. Maii Anno Quarto. de Adria.)
Non. Oct.
Florence.
(f. 116 bis)
To the dean of Clonfert. Mandate, with the assent of the proctors of both sides, to summon Magonius, bishop of Achonry (who, as is contained in the recent petition of Cormac, clerk, and John and Thady, laymen, called Yheagra, of the diocese of Achonry, without lawful cause promulgated sentences of excommunication and interdict against them, and caused them to be publicly proclaimed excommunicate), and others concerned, and to absolve the said [clerk and] laymen conditionally (ad cautelam) from the said sentences, hear both sides and decide what is just, without appeal. Humilibus supplicum votis. (An. and Ja. Goyer. | An. xxvi. de Adria.)
1434.
6 Kal. Dec.
Florence.
(f. 124.)
To the bishop of Kilfenora, the abbot of SS. Peter and Paul's, Clare (de Forgio alias de Clar), in the diocese of Killaloe, and the archdeacon of Killaloe. Mandate, at the recent petition of Richard and Nicholas, called Artur, and John Lofft, citizens of Limerick—containing that John, bishop of Limerick, falsely alleging that it had come to his knowledge that they had perpetrated grave excesses and crimes, summoned them, made an inquisition, and, although they appeared within the time appointed by him, reputing them contumacious, which they were not, on account of such contumacy promulgated sentence of excommunication, and caused them to be publicly proclaimed excommunicate; and that, although, on their appeal to the metropolitical court of Cashel, the archbishop absolved them and inhibited the said bishop from molesting them on account of the said sentence, he, without reasonable cause, excommunicated them anew, and caused them to be publicly proclaimed excommunicate, wherefore they have appealed to the apostolic see—to summon the said bishop and others concerned, to absolve the said citizens conditionally from the said latter sentence, hear both sides, and decide what is just without appeal. Humilibus supplicum votis. (An. and Ja. Goier. | An. xxx. de Adria.)
1434[-5].
18 Kal. Feb.
Florence.
(f. 132d.)
To the provost of Mirepoix (Mirapiscen.), John de Messane, canon of Glasgow (Glasuen.), and the official of Brechin. Mandate as below. The petition of Dominic, bishop of Bethlehem, contained that—a dispute having arisen between him and Patrick Rode. and Archibald Laurencii, clerks, of the diocese of St. Andrews, about the Bethlehemite hospital of St. Germains (super hospitali Sancti Germani Cruciferorum cum stella), of the order of St. Augustine, in the said diocese, the said bishop claiming that it belonged to the episcopal mensa of Bethlehem, and the said Patrick and Archibald claiming that it belonged to them, Patrick alleging that it, wont to be assigned as a perpetual benefice, had been collated to him by authority of the ordinary on its voidance by the death of Richard Langlandus—the present pope committed the cause, although not lawfully devolved to the Roman court, to John [now] elect of Leon (Legionen.), then holding the place of a papal auditor; and that, whilst the cause was pending, the said Patrick, being in possession, resigned all right to the pope, who thereupon ordered the said elect to surrogate the said bishop to, and to make collation and provision to him of, Patrick's said right, to admit him to the same possession as Patrick had, and moreover to grant to him in commendam the hospital itself, to hold as long as he should be bishop of Bethlehem; that the said Archibald has prevented the said mandate from taking effect, and that the said elect, by a definitive sentence, declared the said mandate etc. to be canonical, granting the said hospital in commendam to the said bishop, and Archibald to have no right in or to it, inducted the said bishop, and imposed perpetual silence on Archibald, condemning him in costs, which he afterwards assessed at 22 gold florins of the camera. At the said petition, which added that the bishop fears lest whilst the cause has been pending others have intruded themselves or may do so, the pope orders the above three to execute the aforesaid, induct the said bishop or his proctor, removing any unlawful detainer and causing satisfaction to be made to him in respect of the fruits and the said costs, and to execute these presents against any intruders, as regards possession only of the said hospital, as if the said sentence had been delivered against them, invoking the aid of the secular arm, etc. Exhibita nobis. (B. and Anselmus. | B. xviii. Abbas.)
1434[-5].
16 Kal. Feb.
Florence.
(f. 136d)
To the abbot of Balmorynoch in the diocese of St. Andrews, the archdeacon of Hainaut (Hannonie) in Liège, and the treasurer of Aberdeen. Mandate as below. The petition of Robert Scrymgeour, dean of Caithness, contained that provision of the deanery was ordered to be made to him by papal authority, on its voidance because Alexander Suthulande (rectius Suthirlande) had held it for more than a year without being ordained priest, but that the said Alexander prevented the said mandate from taking effect, and detained possession, as he still does; that the pope committed the cause, although not lawfully devolved to the Roman court, at Robert's instance, to Master Peter Nardi, and afterwards [below, Reg. Lat. CCCXXIV, f. 2] for certain reasons to Master John de Cameraco, papal chaplains and auditors, the latter of whom by a definitive sentence declared the said mandate canonical, adjudged and made collation and provision of the deanery to Robert, removed Alexander, inducted Robert, and imposed perpetual silence on Alexander, and condemned him in costs, which he afterwards assessed at 28 gold florins of the camera. At the said petition, adding that Robert fears … secular arm etc., as in the preceding, mutatis mutandis. Exhibita etc. (An. and Anselmus. | An. xx. de Adria.)
1434.
17 Kal. Oct.
Florence.
(f. 146d.)
To the archbishop of Spalato, the abbot of St. Victor's, Marseille, and the archdeacon of Marseille. Mandate as below. The petition of Griffin, bishop of Ross, contained that although the Cistercian monastery of le Thoronet (de Floregia de Toroneto) in the diocese of Fréjus was granted to him in commendam to be held with his church of Ross during the pleasure of the apostolic see, on its voidance by the death at the said see of abbot John [above, p. 182], and that although in virtue thereof he obtained possession, nevertheless Nicholas, bishop of Toulon, asserting that it had been granted to him in commendam by papal authority, despoiled Griffin and intruded himself, and is still in possession; that the pope committed the cause, although not lawfully devolved to the Roman court, at Nicholas's instance, to the late Ardicinus, cardinal deacon of SS. Cosmas and Damian's, and afterwards, for certain reasons, to Honofrius Franciscus, an apostolic notary, then residing in the said court, the latter of whom by a definitive sentence declared the said intrusion etc. unlawful, imposed perpetual silence on Nicholas, removed him, restored Griffin, and condemned Nicholas in fruits and costs, which latter he afterwards assessed at 32 gold florins of the camera. At the said petition, adding that Griffin fears … secular arm etc. as in the preceding, mutatis mutandis. Exhibita etc. (B. and Anselmus. | B. xx. Abbas.)
7 Id. Oct.
Florence.
(f. 147d.)
To the provost of Mirepoix, the archdeacon of St. Andrews and the official of Aberdeen. Mandate as below. The petition of William Turnbul, canon of Aberdeen, contained that although in virtue of papal letters he formerly accepted within the lawful time, and although provision was canonically made to him of, the canonry and prebend of Balhelvy in Aberdeen, on their voidance by the death of Walter Stewart, nevertheless John Gyl, James Bruys [see above, p. 442], John Lichton and John Schewes, clerks, of the diocese of St. Andrews, each claiming them, prevented the said acceptance and provision from having effect, took possession and still detain them; that the pope committed the cause, although not lawfully devolved to the Roman court, at William's instance to John [now] bishop of Penne, then holding the place of a papal auditor, and afterwards for certain reasons to Master Francis de Cruylles, a papal chaplain and auditor, who by a definitive sentence declared the said grant, acceptance and provision canonical, adjudged the said canonry and prebend to William and inducted him, removed the said John and others, imposed perpetual silence on them, and condemned them in costs, which he afterwards assessed at 35 gold florins of the camera. At the said petition, adding that William fears … secular arm etc., as in the preceding, mutatis mutandis. Exhibita etc. (B. and Anselmus. | B. xx. Abbas.)
Ibid.
(f. 148d.)
To the abbot of Melros in the diocese of Glasgow, the provost of Mirepoix, and the archdeacon of St. Andrews. Mandate as below. The petition of William Turnbul, canon of Glasgow, contained that although in virtue of papal letters he formerly accepted within the lawful time, and although provision was canonically made to him of, the canonry and prebend of Berlarik in Glasgow, on its voidance by the death of Walter Stewart, nevertheless Henry Graham and Ingram Lyndesay, clerks, of the diocese of Glasgow, each claiming them, prevented the said acceptance and provision from having effect, took possession and still detain them, the said Henry taking the fruits; that the pope committed the cause, although not lawfully devolved to the Roman count, at William's instance, to John [now] bishop of Penne, then … Master Francis and Cruylles, who … silence on them, and condemned the said Henry in fruits taken, and him and Ingram in costs, which he afterwards assigned at 35 gold florins of the camera. At the said petition, adding that William fears … arm etc, as in the preceding, mutatis mutandis. Exhibita etc. (B. and Anselmus. | B. xx. Abbas.) [See above, Reg. Lat. CCCXXII, f. 35d.]
1434.
13 Kal. May.
St. Chrysogonus's
Rome.
(f. 175d.)
To the abbot of St. Mary's, Cong, and the dean of St. Mary's, Antwerp, in the dioceses of Tuam and Cambrai, and Philip Macinsile, canon of Tuam. Mandate to collate and assign to Emundus Butiler, priest, of the diocese of Tuam, who was lately dispensed by papal authority, as the son of an unmarried nobleman and an unmarried woman, to be promoted to all, even holy orders and hold a benefice even with cure, the still void, as below, perpetual vicarage of Roba in Conmacniculi, in the said diocese, value not exceeding 3 marks, which, on its voidance by the resignation of Nicholas Ymurchuda to William, Augustinian abbot of St. Mary's, Cong, in the said diocese, vicar in spirituals of the late John, archbishop of Tuam, he, in virtue of a papal grant, accepted within the lawful time and had provision made to him, and obtained and still holds possession in virtue of the said acceptance and provision, whose validity he now doubts because the said Nicholas, upon the resignation to the said vicar [abbot William] of Emundus's father the late John Butiler [John le Butaler in Cal. Lett. VI, p. 436, John Bottiller ibid., p. 477], obtained it, collated to him by authority of the said vicar, and held it for not more than about eight days, which some consider to be a too short period; notwithstanding that Emundus has been received by authority of the ordinary as a canon of Tuam, which he is to cease to be upon obtaining the said vicarage. Vite etc. (An. and Franchomme. | An. xx. Sextodecimo Kal. Septembris Anno Quarto. de Adria.) [See above, p. 421.]

3 Eugenius IV

1433.
6 Id. June.
St. Peter's, Rome.
(f. 187.)
To the abbot of Dunfermlyne in the diocese of St. Andrews, and the archdeacon and official of St. Andrews. Mandate as below. The recent petition of James Bruys, canon of Aberdeen, contained that John Bowmaker, sometime perpetual vicar of Falkirk (Varie capelle) in the diocese of St. Andrews, obtained three definitive sentences in his favour in his cause long ventilated in the Roman court against the abbot and convent and John de Edynburch, a canon, of Holyrood, about the said vicarage, which was wont to be governed by secular clerks, of which, on its voidance by the death of Thomas Rew, provision was made by papal authority to the said John Bowmaker, which the said abbot and convent and canon falsely alleged to be wont to be governed by canons of Holyrood, and possession of which the said canon was unduly detaining. The said vicarage having become void, as the pope has learned, and being still void, by the resignation of Bowmaker, without having had possession, to bishop Henry, although Henry Dryden, a canon of the said monastery, licentiate of canon law, without any canonical provision or dispensation has unduly detained possession for about eight years, as he still does, the pope orders the above three to collate and assign it, value not exceeding 20l. sterling, to the above James, who is of noble race, summoning and removing the said Henry; notwithstanding that the pope lately made provision to James of a canonry, with reservation of a prebend and a dignity etc. of Aberdeen, and of a benefice with or without cure, even if a canonry and prebend, dignity etc., in the gift of the bishop and the dean and chapter etc. of Dunkeld, and dispensed him to hold together for five years such dignity etc. and benefice with cure, or any two benefices with cure or otherwise incompatible, even if dignities etc. Upon obtaining the said vicarage the said letters shall be null as regards such reserved benefice etc. with cure. Nobilitas generis, litterarum etc. (An. and M. Pinardi. | An. xxvi. Septimo Id. Septembris Anno Quarto. de Adria.) [See above, p. 442.]

4 Eugenius IV—(cont.)

1434.
Non. April.
St. Chrysogonus's,
Rome.
(f. 224d.)
To the prior of Holy Trinity, York, and the officials of York and Durham. Mandate, at the recent petition of Richard Drax, perpetual vicar of Gaynford in the diocese of Durham, B.C.L., to summon William Bowes, knight, John Menville of Sledwys, William Pudsey of Selliby, Thomas Morley of Langton, Thomas Fulthrop, Nicholas de Spens of Barnard Castle (de Bernardicastro), William Alwent of Morton, Thomas Taylboys and Thomas Brankyngbiri, esquires (armigeri), and John Helcotes, William Witton, John Oyenhird (rectius Oxenhird), William Egleston, Thomas Stelecrag, William Rawman, Richard Rawman, John Atkynson, Ralph Forester, Thomas Couper, William Baker and John Perles, and the rest of the parishioners of the said church, and other ecclesiastical and secular persons of the province of York who injure him in regard to the tithes, fruits etc. of the said vicarage, howsoever numerous they may be, and to hear both sides and decide what is just, without appeal. Humilibus supplicum votis. (An. and Anselmus. | An. xxv. de Adria.)
Kal. April.
St. Chrysogonus's,
Rome.
(f. 225d.)
To the abbot of Granard in the diocese of Ardagh, and the archdeacons of Famenne in Liège, and Ardagh. Mandate to collate and assign to Macsufius Odrinan, priest, of the diocese of Ardagh, the still void perpetual vicarage of St. Patrick's, Gildebreda, in the said diocese, value not exceeding 3 marks, as he doubts the validity of the collation and provision which were made to him thereof by bishop Richard, on its voidance by the resignation of John Machylchyrean to the said bishop, in virtue of which he obtained and still holds possession. Vite etc. (An. and Ja. Goier. | An. x. Residuum pro deo. Decimo Kal. Maii Anno Quarto. de Adria.)
1434[-5].
6 Id. Jan.
Florence.
(f. 252.)
To the bishop of Amiens, the archdeacon of Glasgow, and Richard Petit, canon of Ross. Mandate as below. The petition of John Litgw, a Cluniac monk of Paisley in the diocese of Glasgow, contained that although formerly the parish churches belonging to the abbatial mensa of Paisley, of Dondounald with its annexed chapels, and St. Quivox (Sancti Keuoci) with the manor and le manys of Monkton, in the said diocese, were by papal authority granted to him in commendam for life or until he should obtain an abbey etc., and although in virtue thereof he obtained possession of the said churches with the said chapels, manor and le manys, nevertheless abbot Thomas, prior Andrew and the convent of Paisley, falsely alleging the said commenda to be uncanonical, despoiled him of possession, intruded themselves, still detaining possession, and moreover appealed to the apostolic see in the matter of the said commenda; that the pope, at John's instance, committed the cause of the appeal and of the principal matter to Master Peter Peregrinni, a papal chaplain and auditor, who by a definitive sentence declared the said commenda canonical, adjudged the said churches with the said chapels, manor and le manys to John, removed the said abbot, prior and convent, and condemned them in fruits received and costs; that the said abbot appealed therefrom, and that the pope, at the instance of the said John, who asserted that the appeal was abandoned, committed the cause of the abandonment to Master Anthony de Sancto Vitto, a papal chaplain and auditor, who declared the said appeal to have been and to be abandoned and the said sentence to have become a res judicata, condemning the said abbot in costs, which the said auditor Peter and he assessed at 35 and 8 gold florins of the camera respectively. The said petition adding that he fears … secular arm etc. as above, f. 132d, mutatis mutandis. (An. and Anselmus. | An. xxv. de Adria.)
1434.
13 Kal. Dec. (fn. 2)
Florence.
(f. 262.)
To the bishop of Whiteherne, the abbot of Holywood (Sacri nemoris) in the diocese of Glasgow, and the archdeacon of Br[i]en[n]e in the church of Troyes (Trecen.). Mandate to collate and assign to Thomas Macguffok, priest, of the diocese of Glasgow, who was lately dispensed by papal authority, as the son of a priest, an abbot professed of the Cistercian order, and an unmarried woman, to be promoted to all, even holy orders and hold two compatible benefices with or without cure, and who has been so promoted, the still void provostship of Lincludan in the said diocese, a principal non-elective dignity with cure, net value not exceeding 100 gold florins, to which the hospital of St. John Baptist in Lincludan is annexed, and to which he was presented, to Robert Moffat, vicar-general in spirituals of bishop John, by Margaret countess of Douglas, the presentation belonging by a special papal privilege to the countess of Douglas, on its voidance by the death of John de Makgilhauth, and instituted by the said vicar, who had special power from the said bishop, Thomas obtaining possession without banns or citations, wherefore, as well as for other reasons, he doubts the validity of the said presentation, institution and obtaining possession. He is hereby dispensed, on account of the said defect, to hold it. Vite etc. (B. and M. Pinardi. | B. xxviii. Sexto Kal. Decembris Anno Quarto. Abbas.)
1434.
15 Kal. Sept.
Florence.
(f. 264d.)
To John, elect of Leon (Legionen.). Mandate, at the recent petition of Henry Burnham, chancellor of Limerick—containing that although provision was ordered to be made to him by papal authority of the rectory called the plebania of Daungarvan in the diocese of Lismore, of the patronage of laymen, so long void by the death of Maurice Ocogarayn that its collation had lapsed to the apostolic see, the Augustinian abbot and convent of St. Mary's, Reynsham (rectius Keynsham), in the diocese of Bath and Wells, falsely alleging that it was united to the said monastery, were unduly detaining possession, and that he caused them to be summoned before Richard, bishop of Lismore, executor of the said letters, who by a definitive sentence adjudged the rectory to him, and imposed perpetual silence on the said abbot and convent, who appealed to the apostolic see; that the pope committed the appeal to Radolphus, [now] elect of Tréguier (Trecoren.), then a papal chaplain and auditor, from whose definitive sentence, revoking the said sentence, Henry appealed to the said see; that the pope committed his appeal to the above John, elect, then holding the place of a papal auditor, who has proceeded to a number of acts—if he find that, as the said petition added, the said union is not canonical or that otherwise the said abbot and convent have no right in or to the said rectory, which, as the pope has learned, is still void, to collate and assign it, value not exceeding 100 marks, to Henry, notwithstanding that he (who was lately, then holding the archdeaconry of Lismore, a non-major dignity, dispensed by papal authority to hold therewith for life the said rectory or plebania, and to resign them, as often as he pleased) holds the said chancellorship, a non-major non-elective dignity with cure, value not exceeding 60 marks. Vite etc. (An. and Cyprianus. | An. xxviii. Quarto Idus Novembris Anno Quarto. de Adria.) [See Cal. Lett. VII, p. 511.]
1434[-5].
Id. Jan.
Florence.
(f. 277.)
To the bishop of Amiens, the archdeacon of St. Andrews and Maurice Boqhuanane, canon of Glasgow. Mandate, at the petition of John Moderwel, perpetual vicar of Estwode in the diocese of Glasgow—containing that although he was presented to bishop John by the Cluniac abbot and convent of Paisley, to whom by ancient custom the presentation belongs, to the said vicarage, on its voidance by the death of John Gardiner, and instituted, and in virtue thereof obtained possession, John Cambell, clerk, of the said diocese, despoiled him and intruded himself, still unduly detaining possession and taking the fruits, wherefore Moderwel appealed to the apostolic see; that the pope, at Moderwel's instance, committed the cause of the appeal and of the principal matter to Geminianus, [now] elect of Todi (Tudertin.), then a papal chaplain and auditor, who suspending Moderwel's causa petitorii, and proceeding in the causa possessorii, by a definitive sentence removed Cambell, restored Moderwel, imposed perpetual silence on Cambell and condemned him in fruits and costs; and sul sequently, resuming the causa possessorii (rectius petitorii), by another definitive sentence pronounced the said presentation and institution etc. canonical, and the vicarage to have belonged and to belong to Moderwel, adjudging it to him, and Cambell to have had and to have no right in or to the vicarage, imposing perpetual silence on him and condemning him in costs, the said auditor subsequently assessing the said costs in the possessory and petitory causes at 25 and 18 gold florins of the camera respectively; and adding that he fears … secular arm etc., as above, f. 132d, mutatis mutandis. Exhibita etc. (An. and Anselmus. | An. xx. de Adria.)
1433[-4].
15 Kal. April.
St. Chrysogonus's,
Rome.
(f. 296d.)
To the provost of Elphin. Mandate to collate and assign to Matthew Yelabayd, priest, of the diocese of Elphin, the perpetual vicarage of Huaran in the said diocese, value not exceeding 4 marks, as he doubts the validity of the collation and provision, in virtue of which he is still in possession, made to him by the late John, bishop of Elphin, on its voidance by the death of Donald Okeallayd. Dignum etc. (An. and P. de Montella. | An. xxi. Secundo Kal. Maii Anno Quarto. de Adria.)
1434.
12 Kal. June.
St. Chrysogonus's,
Rome.
f. 307d.)
To John Osychigi, canon of Clogher. Mandate, at the recent petition of Nellanus Macanfirleigynd, priest, of the diocese of Clogher—containing that although he formerly in virtue of papal letters accepted within the lawful time, had provision made to him, and had obtained possession of the perpetual vicarage of St. Tierney's (Sancti Tigernaci), Cluayneoys, in the said diocese, on its voidance by the death of John Macmelynd, nevertheless Magonius Oleargussa, priest, of the said diocese, alleging that provision had been lately made to him thereof, brought Nellanus before Solomon Macreirair (sic) and Maurice Olergussa, canons of Clogher, executors thereof, who by an unjust definitive sentence adjudged the vicarage to Magonius and imposed perpetual silence on Nellanus, who appealed to the apostolic see; and adding that it is asserted that neither of them has a right—to summon Magonius and others concerned, hear the appeal and decide it, without appeal, and if he find that neither has any right, to collate and assign to Nellanus (who was lately dispensed by papal authority, as the son of a priest professed of the order of St. Augustine and an unmarried woman, to be promoted to all, even holy orders and hold a benefice even with cure, after which he had himself so promoted) the said vicarage, value not exceeding 6 marks. He is hereby specially dispensed to resign it, simply or for exchange, as often as he pleases, notwithstanding the said defect etc. (Vite etc. An. and Ja. Goyer. | An. Gratis pro deo Kal. Junii Anno Quarto. de Adria.) [See above, p. 419.]

Footnotes

1 On the back is the usual Italian description ‘Eugenio IV. 1434. Anno 4. Lib. 1.’ On a flyleaf are several contemporary notes, e. g. ‘Rubricatus per Michault de Paris,’ Petrus Martini’ (cancelled), and in modern hands ‘Vidi pro R[everenda] C[amera] A[postolica] Hib. Ang.’ and ‘Lib. XLVIII, fol. 309.’ The bottom edge of the volume has the contemporary description ‘Primus de Exhibitis Eugenii pape iiiiti Anno Quarto.’
2 In the date, ‘Anno Tercio’ has been corrected to ‘Anno Quarto’ by B. [Abba]s.