|
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.] |