Lateran Regesta 330 bis
1435

Sponsor

Institute of Historical Research

Publication

Author

J. A. Twemlow (editor)

Year published

1909

Pages

544-550

Annotate

Comment on this article
Double click anywhere on the text to add an annotation in-line

Citation Show another format:

'Lateran Regesta 330 bis: 1435', Calendar of Papal Registers Relating to Great Britain and Ireland, Volume 8: 1427-1447 (1909), pp. 544-550. URL: http://british-history.ac.uk/report.aspx?compid=104484 Date accessed: 03 September 2014.


Highlight

(Min 3 characters)

Lateran Regesta, Vol. CCCXXX bis. (fn. 1)

5 Eugenius IV (cont.)

De Exhibitis

1435.
3 Id. Nov.
Florence.
(f. 21.)
To the bishops of Aberdeen and Argyll and the archdeacon of Hainaut (Hannonie) in Liège. Mandate as below. The petition of William Turnbul, dean of Moray, contained that although collation and provision of the said deanery were made to him by papal authority on its voidance by the death of Walter Steroart (rectius Stewart), nevertheless James Stewart, clerk, of the diocese of Aberdeen, prevented the said collation etc. from having effect, took possession and still detains it; and that the cause between them, although not lawfully devolved to the Roman court, was committed by the present pope, first to Master Antoninus de Sancto Vito at William's instance, and then for certain reasons to Master Peter Nardi, papal chaplains and auditors, the latter of whom gave a definitive sentence in favour of William, by which he declared the said collation etc. to have been and to be canonical and the said deanery to have belonged and to belong to William, adjudged it to him and removed James, inducted William, imposed perpetual silence on James, and condemned him in fruits and costs, which he afterwards assessed at 29 florins of gold of the camera. At the said petition, adding that William fears lest, whilst the cause has been pending, others have intruded themselves or may do so, the pope orders the above three to cause the said sentences to be executed, inducting William and removing James, etc., and to do so against any such intruders, as regards only the giving possession of the deanery to William, as if the said sentence had been delivered against them; invoking if necessary the aid of the secular arm.Exhibita nobis. (B. and Anselmus. | B. xviii. Valven.) [See above, p. 510.]
6 Kal. May.
Florence.
(f. 37.)
To the bishops of Norwich and Rochester and John de Obizis, canon of York. Mandate—the pope having been informed that although James Hopwode, layman, and Joan Rikil, of the diocese of Rochester, contracted publicly before the church marriage per verba legitime de presenti and lived together for some time as man and wife, and that although there was no impediment to the said marriage being deemed valid, nevertheless Joan left James, and Richard Brune alias Bryne, layman, of the diocese of Lichfield, aspiring to the great heritage to which she was probably to succeed, induced the said James to consent to a sentence of divorce (divorcii) between him and Joan, and suborned a number of witnesses to give, as they afterwards confessed, false depositions, and obtained, by collusion, the promulgation of a sentence of divorce, after which he and Joan contracted marriage, living together and committing adultery. The pope therefore orders the above three to summon the said laymen and Joan and others concerned, to induce the person in possession of the process in the said divorce suit, upon the receipt of a competent payment, under pain of excommunication etc., to do his best to have it presented to them, (fn. 2) and if they find the facts to be as stated, to annul the said sentence, and to compel by ecclesiastical censure etc., without appeal, the said Richard to put away Joan, and Joan to return to James her husband. Ad nostrum dolenter. (An. and Anselmus. | An. xx. de Adria.)
6 Id. Oct.
Florence.
(f. 70d.)
To the bishop of Elphin, and the abbot of Abbeygormacan (Via nova) and the prior of Clontuascearthaomane, in the diocese of Clonfert. Mandate, at the recent petition of James Obrogayd, clerk, of [the diocese of] Clonfert—containing that after he 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 in virtue thereof had obtained the rural rectory without cure of Madonnbarlayd in the diocese of Clonfert, and the canonry and prebend of Fynduyr in Clonfert, he, having meanwhile resigned them, accepted and got provision made to him (in virtue of letters by which the present pope ordered provision to be made to him of another benefice, with or without cure, in the gift of the archbishop of Tuam and the bishop of Clonfert and the chapters and canons etc. of those churches, at the same time dispensing him, on account of the said defect, to hold such other benefice) of the archdeaconry of the said church [of Clonfert], on its voidance by the resignation to bishop Thomas of Malachy Omadden; and adding that he doubts whether the said acceptance and provision hold good—to collate and assign to him the said archdeaconry, a non-major non-elective dignity with cure, value not exceeding 12 marks, still void as above.Vite etc. (An. and Pizolpassis. | An. xxv. Sextodecimo Kal.Novembris Anno Quinto. de Adria.)
Prid. Kal. Sept.
Florence.
(f. 119.)
To the bishops of Winchester and London and the abbot of St. Augustine's without the walls of Canterbury. Mandate, at the recent petition of Thomas Edyngham, rector of Magna Hardres alias Heyzhardes in the diocese of Canterbury, containing that although he is not bound to keep at his expense a chaplain to serve the chapel of the place of Stellyng in the said diocese within the bounds of the said parish, nevertheless upon a number of the inhabitants of the said place falsely relating to archbishop Henry that he was so bound, the said archbishop, without making any inquest, sequestrated the said church and chapel and their fruits etc., and gave commission to Robert Holynden and William Bray, laymen, of the said diocese, to provide therefrom for such chaplain, upon learning which the said rector appealed to the apostolic see—to summon the said inhabitants and laymen and others concerned, to hear both sides, and decide what is just without appeal, enforcing their decision by ecclesiastical censure. Humilibus supplicum votis. (B. and Anselmus. | B. xvi. Valven.)
Id. Sept.
Florence.
(f. 129d.)
To the archbishop of Canterbury, the bishop of Amiens and the prior of Holy Trinity, Crychyoch (rectius Crychyrch), London. Mandate as below. The petition (fn. 3) of William Larke, a citizen of London, contained that having contracted per verba legitime de presenti with Margery Janyns of Phelippesnorten, of the diocese of Bath, he, with a view of her being adjudged to him as his wife, had her summoned before William Lyndewode, I.U.D., to whom archbishop Henry, legatus natus in the province of Canterbury, had committed the cause by his legatine authority, from an alleged grievance by whom, after he had proceeded to a number of acts, she appealed to the apostolic see, but who nevertheless, duly proceeding, gave a definitive sentence, adjudging Margery to William as his wife, and compelling her to solemnize the said marriage, from which sentence, as unjust, she appealed to the said see; and that the pope, at the instance of William, who asserted that the said appeals were abandoned, committed the causes of the abandonments to Master Lewis Pontanus of Rome (de Urbe), and afterwards to Master Francis Cruylles, papal chaplains and auditors, the latter of whom by divers sentences decreed the said appeals to have been and to be abandoned and the said definitive sentence to have become a res judicata, and ordered it to be executed, condemning Margery in the costs of the causes of the said abandonments, which he afterwards assessed at 63 florins of gold of the camera. William's said petition adding that he fears that Margery will not obey the said sentences and the processes to be made by vigour of these presents, the pope orders the above solemnly to publish and execute the aforesaid, compelling Margery to solemnize the said marriage and live with the said citizen as her husband, and causing satisfaction to be made to him in respect of the said sum, proceeding by censure etc. Exhibita nobis. (An. and Anselmus. | An. xx. de Adria.)
14 Kal. May.
Florence.
(f. 155d.)
To the archdeacon of Hainaut (Hannonie) in Liége, and the archdeacon and official of Kilmacduagh. Mandate to collate and assign to Thomas Obracyn, canon of Tuam, the still void, as below, provostship of Tuam, a non-major dignity, value not exceeding 3 marks, as he doubts the validity of the collation and provision which were made to him by archbishop John, by his ordinary authority, on its voidance by the death of Raymund Premycheam (rectius Bremycheam), in virtue of which he obtained it and is still in possession; notwithstanding that Thomas (who was lately dispensed by papal letters to hold for ten years the perpetual vicarage of Athnaryg in the diocese of Tuam, provision of which was ordered by the said letters to be made to him, and any other benefice with cure or otherwise incompatible, even if an elective dignity etc. with cure) holds the said vicarage, of the patronage of laymen, value not exceeding 16 marks, collated to him in virtue of the said letters, and that he has been received by authority of the ordinary as a canon of Tuam. He is hereby dispensed to hold the said provostship and vicarage together for life. Vite etc. (B. and M. Pinardi. | B. xxxx. Decimo Kal. Augusti Anno Quinto.Valven.)
3 Kal. Aug.
Florence.
(f. 267d.)
To the archbishop of Cashel and the bishops of Limerick and Ardfert. Mandate as below. The recent petition of Thomas Mcmohona (rectius Mcmahona), archdeacon of Limerick, contained that he formerly caused to be summoned before the provincial council of Cashel, then being celebrated in the city of Limerick, Thomas Mecmayud de Geraldinis, layman, of the diocese of Limerick, who was unduly detaining possession of lands and possessions belonging to the said archdeacon by reason of the said archdeaconry, had taken certain tithes similarly belonging to him, and had violently broken a manor and castle belonging to the said archdeaconry; and that the said council promulgated a definitive sentence in behalf of the said archdeacon and against the said layman and, after the lapse of ten days, admonished and ordered him, at the said archdeacon's instance, under pain of excommunication etc., to obey within a certain term the said sentence, which had become a res judicata, and, upon his not obeying within the said term, declared him to have incurred the said pains etc., and ordered him to be publicly proclaimed excommunicate. The said archdeacon's petition adding that the said layman, in contempt of the said sentence of excommunication, has sustained it for more than a year, the pope orders the above, if the said layman, after having been admonished by them, obstinately tolerates the said sentence for a month, on Sundays and feast days, with bells rung and candles lighted and extinguished, to publicly proclaim him excommunicate, and to cause him to be publicly so proclaimed, and cause him to be strictly avoided by all, invoking if necessary the aid of the secular arm, etc. Humilibus supplicum votis. (An and Ja. Goier. | An. xvi. de Adria.)
1434[-5].
12 Kal. April.
Florence.
(f. 269.)
To the dean of Kilmacduagh. Mandate as below. The pope has this day by other letters—upon its being set forth to him by Florence Olochlaynd, clerk, of the diocese of Kilfenora, that formerly he, who is illegitimate, being the son of a priest and an unmarried woman related in the first and second degrees of affinity and the double third of kindred, having been in his seventh year tonsured by the said priest, then bishop of Kilfenora, (fn. 4) obtained, collated to him by authority of the ordinary, without any dispensation on account of the said defect, a canonry and a canon's portion of Kilfenora (in which church although there is a fixed number of canons, there are no separate prebends), and had held them for several years, as he was still doing, taking the fruits, the said bishop having meanwhile died (fn. 5) —rehabilitated him, requiring him to resign the said canonry and portion. At the petition of the said Florence—containing that after provision had been made by papal letters to Denis, [now] bishop of Kilfenora, then a simple clerk, of the archdeaconry of Kilfenora, a non-major dignity with cure, void because John Maclanchaga (having obtained it, collated to him by papal authority, when holding the rectory of the canonically united parish churches of Kylleach and Uthforrayg in the said diocese) had detained it together with the said rectory for several years without dispensation, the said bishop [Denis], then a simple clerk, caused John to be summoned before Thomas Obrynne, canon of Tuam, executor of the said papal letters, who gave a definitive sentence in behalf of the said bishop [Denis], then a simple clerk, and against John, who appealed to the apostolic see, but did not prosecute his appeal within the lawful time, and who thereafter continued to detain undue possession of the said archdeaconry, as he still does; and that the pope meanwhile made provision (fn. 6) to the said bishop [Denis], who was consecrated by the pope's order at the apostolic see, whereby his right in or to the said archdeaconry became and is void—the pope orders the above dean to summon the said John and others concerned and, if he find that John appealed but did not prosecute his appeal within the lawful time, to declare it to have been and to be abandoned and the said sentence to have become a res judicata, or, if he find that John is within the lawful time, to hear and decide the appeal; to surrogate the said Florence (who is by both parents of a great noble race and in his twenty-second year, and who through fear of John cannot safely meet him in the city or diocese of Kilfenora) to the said right and to make collation and provision to him thereof, and admit him to the position in regard to the cause in which was the said bishop Denis at the time of his said promotion and consecration; and moreover to collate and assign to Florence (after he has duly resigned, as above, the said canonry and portion) the said archdeaconry itself, value not exceeding 16 marks, whether void as stated, or by the resignation made in the Roman court before a notary public and witnesses, of John Leche alias McKellay, clerk, of the diocese of Armagh, or void in any other way, summoning and removing the said John [Maclanchaga] and any other unlawful detainer; the pope hereby specially dispensing him to act as a clerk and be promoted to all, even holy orders, and hold the said archdeaconry, notwithstanding the said defects [of birth and age] etc. Vite etc. (An. and Franchom[m]e. | An. xxxii. Non. Aprilis Anno Quinto. de Adria.)
1435.
5 Kal. May.
Florence.
(f. 275.)
To the abbot of Balmurynach in the diocese of St. Andrews. Mandate, at the recent petition of Alexander de Ogilby, clerk, of the diocese of St. Andrews, who is of noble race—containing that he and John Swane resigned for purpose of exchange their respective benefices, namely the perpetual vicarage of Carnebe and the parish church of Idvy in the said diocese, to bishop Henry, who carried out the exchange; and adding that he doubts the validity of the said bishop's collation to him of the said parish church—to collate and assign to him the said church, value not exceeding 26l. sterling; whether it be void as above, or by the death of Henry de Ogilby, or by the resignation of John Hononis, or in any other way; notwithstanding that he holds canonries of Moray and Aberdeen and the prebends of Inverkethny and Coddylstane (which is of the patronage of laymen), the value of all which (quorum omnium) does not exceed 13l. Dignum etc. (An. and A. de Camporegali. | An. xxiii. [sic, cf. f. 276d]. Quarto Id. Maii Anno Quinto. de Adria.)
Ibid.
(f. 276d.)
To the same. Mandate, at the recent petition of John Swane, priest, of the diocese of St. Andrews—containing that he and Alexander de Ogilby resigned for purpose of exchange their respective benefices, namely the parish church of Idvy and the perpetual vicarage of Carnebe in the said diocese to bishop Henry, who carried out the exchange; and adding that he doubts the validity of the said bishop's collation to him of the said vicarage—to collate and assign to him (who was lately dispensed, as the son of unmarried parents, by authority of the ordinary to be promoted to minor orders and hold a benefice without cure, and subsequently by papal authority to be promoted to all, even holy orders and hold another benefice even with cure, and to resign them, simply or for exchange, after which he was promoted to the said orders) the said vicarage, value not exceeding 14l. sterling, whether it be void as above, or by the death of John Days in the Roman court, or by the resignation of the said John Days or of Walter Blare without the said court, or in any other way. Dignum etc. (An. and Ja. de Ugolinis. | An. xxii. Quarto Id. Maii Anno Quinto.de Adria.) [See above, p. 155.]

Footnotes

1 On the back of the volume is the usual Italian description: ‘Eugenio IV. 1435. Anno 5. Lib. 1.’ A flyleaf has, in different contemporary hands ‘Gerhardus Rubricauit,’ ‘Primus de Exhibitis Anno vto Eugenii pape iiiiti ’ (which occurs also, as usual, on the bottom edge of the volume), ‘Rubricatus,’ and a modern note, ‘Lib. lviii, foliorum 317.’
2 The passage in italics is added in the margin, with the note: An. Correctum de mandato domini B[lasii Molino, patriarche] Jerosolimitani, Cancellariam Regentis, de Adria.
3 From the opening words of the mandate, viz. ‘Exhibita nobis nuperpeticio,’ the word ‘nuper’ has been cancelled by A[ndrea]s [de Adria].
4 Florence O'Loghnan (Felim O'Loughlin), bishop of Kilfenora, prov. Jan. 15, 1421 (Eubel. Hierarchia, Vol. I. under ‘Finaboren,’; Cal. Lett. vii, p. 191).
5 In 1434, Eubel. loc. cit. See, however, in Vol. II of the Hierarchia, under ‘Finaboren.’ See also above, p. 521.
6 Nov. 17, 1434, above, p. 521.