Vatican Regesta 685
1484-1487

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Institute of Historical Research

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J. A. Twemlow (editor)

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1960

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14-30

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'Vatican Regesta 685: 1484-1487', Calendar of Papal Registers Relating to Great Britain and Ireland, Volume 14: 1484-1492 (1960), pp. 14-30. URL: http://british-history.ac.uk/report.aspx?compid=105232 Date accessed: 23 April 2014. Add to my bookshelf


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Vatican Regesta, Vol. DCLXXXV. (fn. 1)

Secretarum Tomus IV.

2 Innocent VIII.

1486.
10 Kal. Aug.
(23 July.)
St. Peter's, Rome.
(f. 1r.)
Decree, at the petition of king Henry and queen Elizabeth, that a notarial copy of the process before James, bishop of Imola, apostolic nuncio with the power of a legate de latere, in regard to the dispensation granted by him to them to contract marriage, notwithstanding the impediment arising from their being related in the double fourth degree of kindred, shall have the same credence as the original letters of the said bishop. The pope exemplifies the said letters and process as follows:
Public instrument, setting forth that in the year of the Incarnation 1485, after the computation of the English church, the 4th indiction, anno 2 Innocent VIII [January 16], (fn. 2) in the chapel of St. Mary [the Virgin] (fn. 3) on the east side of the cathedral church of St. Paul, London, before James, bishop of Imola, apostolic legate to England and Scotland, in presence of the below-written notaries public, appointed by the said bishop as scribes in the below-written matter of dispensation, and witnesses below-named, there appeared in person Master Robert Morton’, archdeacon of Winchester, and John de Giglis, I.U.D., as proctors of king Henry, and Richard Hill, dean of the chapel of the household of the said king, and David William, doctor of decrees, dean of St. Mary's Arches, London, as proctors of the lady Elizabeth, eldest daughter of the late king Edward IV, who produced their mandates of procuration and presented to the said legate a schedule of petition on behalf of the said king and lady, praying him to dispense them to marry, notwithstanding the impediment of their relationship in the fourth and fourth degrees of kindred, as was specified by the said Master Robert Morton’.
The said instrument exemplifies the said procurations and schedule, as follows:—
(i) A public instrument, setting forth that in the year of the Incarnation, etc., 1485[/6], the 4th indiction, anno 2 Innocent VIII, January 14, in a certain great chamber (fn. 4) within the palace royal at Westminster, before Thomas, archbishop of York and legate of the apostolic see, John, bishop of Worcester, chancellor of England, and Jasper (fn. 5) [Tudor], duke of Bedford, and many other nobles and magnates, (fn. 6) in the presence of me, Richard Spencer, notary public below-written, the said king, present in person, appointed Masters John de Giglis, I.U.D., and Robert Morton’, master or keeper of the rolls of the chancery of the said king, as his proctors to appear before the said bishop and legate (who, as is said, has faculty from the apostolic see to dispense a certain number of persons related in the fourth and fourth degrees of kindred and affinity to contract marriage) (fn. 7) , and to request him to exhibit, etc., the said letters, and execute them in accordance with the desire of the said king, etc. Of all which things, done on the above date and in the above place, in the presence of the above-named witnesses and of Richard Spencer, clerk, of the diocese of Lincoln, notary public by apostolic and imperial authorities, registrar-principal of the court of Canterbury, and keeper of the registers of the same court, the said notary has made the present public instrument, and, being otherwise engaged, has caused it to be written by another, and has published and drawn it up in this public form, and has signed it with his wonted sign and name;
(ii) A like public instrument, setting forth that on the same date as in the preceding, and in a certain chamber (fn. 8) within the royal palace of Westminster, before John, bishop of Worcester, chancellor of England, John lord de Wellys, Master William Smyth, dean of the chapel royal of Wymbourn in the diocese of Salisbury, and other witnesses, (fn. 6) in the presence of the above notary, Richard Spencer, the above lady Elizabeth, present in person, appointed Masters Richard Hill, dean of the chapel of the king's household, and David William, doctor of decrees, dean of St. Mary's Arches, London, and commissary-general of the official of the court of Canterbury and president of the said court, in the absence of the said official, as her proctors to appear, etc., as in the preceding. Of all which things, done on the above date and in the above place, in the presence of the abovenamed witnesses and of … Richard Spencer, clerk, etc., as above, the said notary has made, written, subscribed, published, and drawn up in this public form the present public instrument, and has signed it with his wonted sign and name;
(iii) The petition to James, bishop of Imola, apostolic legate to England and Scotland, on behalf of the most serene prince and lord, the lord Henry, by the grace of God king of England and France and lord of Ireland, of the one part, and of the most illustrious (clarissime) lady, the lady Elizabeth, eldest legitimate and natural daughter of the late Edward, sometime king of England and France and lord of Ireland, (fn. 9) of the other part, setting forth that whereas the said king Henry has by God's providence won (fn. 10) his realm of England, and is in peaceful possession thereof, and has been asked by all the lords of his realm, both spiritual and temporal, and also by the general council of the said realm, called Parliament, to take the said lady Elizabeth to wife, he, wishing to accede to the just petitions of his subjects, desires to take the said lady to wife, but cannot do so without dispensation, inasmuch as they are related in the fourth and fourth degrees of kindred, wherefore petition is made on their behalf to the said legate to grant them dispensation by his apostolic authority to contract marriage and remain therein, notwithstanding the said impediment of kindred, and to decree the offspring to be born thereof legitimate.
The which schedule of petition having been lawfully received by the said legate, and by his order publicly read by Richard Spencer, notary public below-written, the above-mentioned Masters Robert Morton’, John de Giglis, Richard Hill’ and David William, proctors of the aforesaid prince and lady, produced Thomas, earl of Derby, William, earl of Notyngham, John Weston’, prior of the house or priory of St. John of Jerusalem in England, Richard Croft, knight, Christopher Urswike, archdeacon of North Wiltes, Sirs Richard Eggcombe, William Knywett, and William Tyler, knights, as witnesses of and about the contents of the said schedule, and requested that they should be received, sworn and examined on oath by the said legate, who admitted them, and caused them to be sworn. And incontinently the said legate, sitting judicially, committed to John, bishop of Worcester, and Thomas, bishop of London, there present, power to examine the said witnesses, which they did then and there in the presence of us, Richard Spencer and John Reede, notaries public, scribes in this behalf. And incontinently after such examination the said Master[s] Robert Morton’ and John de Giglis, and Richard Hill and David William, the respective proctors, as above, appeared again before the said legate, still sitting judicially, who at their request published the depositions of the said witnesses, and decreed that copies thereof should be given to the parties. Which depositions are as follows:
(iv) Thomas, earl of Derby, and lord de Stanlley [sic], fifty years of age, sworn, etc., and diligently examined of and about the above schedule and its contents. And first, of and about his knowledge of the persons of the aforesaid king and lady, says that he has known the aforesaid king well since the 24th day of August, (fn. 11) and the said lady for fifteen years. Questioned further, he says that he heard the aforesaid king and lady often and at divers times treating and communing of and about a marriage to be contracted between them, and saying that they were joined together in the fourth and fourth degrees of kindred, and that they wished to make use of an apostolic dispensation in the matter of such impediment. And further he says that the same king is moved and led thus to contract marriage with the said lady for the sake of the peace and tranquillity of his realm, and by the entreaties and petitions (fn. 12) of the lords and nobles, both spiritual and temporal, and of the whole commonalty of the same realm, who in parliament assembled requested him to do so, and made prayers and great entreaties to him, to the knowledge of this sworn [witness]. And further he says that the said king and lady are related in the fourth and fourth degrees of kindred, and he says that he knows this because John [de] Gaunt, (fn. 13) duke of Lancaster, had in marriage a son John and a daughter Joan, of which son John was begotten John, duke of Somerset, and the said John, duke of Somerset, begat in marriage Margaret, mother of the said king, now wife of this sworn [witness], and that the said Margaret, [when] countess of Richmond, bore in marriage the said king Henry; and that the aforenamed Joan had a daughter named Cecily, duchess of York, who had a son, Edward IV, late king, who begat in marriage the said lady Elizabeth, and so the aforesaid prince Henry and lady Elizabeth are related in the fourth and fourth degrees of kindred, as he deposed before. He also says that long before communing was had between the said lord Henry and lady Elizabeth about contracting marriage, the said sworn [witness] heard Richard, earl of Salisbury, and the lady Margaret, wife of this sworn [witness], mother of the said king that now is, and divers other noble and illustrious persons saying that the said king Henry and lady Elizabeth were related in the fourth and fourth degrees of kindred, and reciting the degrees aforesaid, and affirming that they were true degrees lineally drawn from the said duke of Lancaster. This sworn [witness] also says that he knows that the said Edward IV, father of the said lady Elizabeth, and the lady Margaret, mother of the aforesaid king Henry, reputed and held themselves to be kinsmen. And further he says that the aforesaid lady has not been captured (fn. 14) nor compelled, but of great and intimate love and cordial affection desires to contract marriage with the said king, to the knowledge of this sworn [witness], as he says in virtue of his oath. And he says that the things said by him above are true, and that public voice and fame have been and are busy about them. (fn. 15)
William, earl of Nottingham, sixty-four years of age, sworn, etc., as above, and diligently examined. And first of and about his knowledge of the persons and degrees of kindred, and other things contained in the said schedule, he says that he has known the aforesaid prince Henry well for twenty years and more, and the said lady Elizabeth for sixteen years. Further questioned, he says that he believes in conscience that the said king intends to contract marriage with the said lady, if it can be done by the law of the Church, both on account of the singular love which he bears to her, and also on account of the special prayers and entreaties of the lords and nobles, both spiritual and temporal, and of the whole commonalty of his said realm of England, who, assembled in the last parliament, made prayers and great entreaties to the said king, to the knowledge of this sworn [witness]. And he says, that long before the beginning of this matter of dispensation he learned and heard it said by many grave nobles and persons worthy of belief, whom he believed and does believe, that John de Gaunt, sometime duke of Lancaster, had a son named John, who begat (fn. 16) John, duke of Somerset, who begat (fn. 16) the lady Margaret, who begat (fn. 16) the aforesaid prince Henry, king that now is, on this side; on the other (alio) side the aforesaid John de Gaunt, duke of Lancaster, had a daughter Joan, who had a daughter named Cecily, duchess of York, who bore Edward, late king of England, who begat the aforesaid lady Elizabeth, in virtue whereof (fn. 17) the aforesaid prince Henry, king that now is, and the said lady Elizabeth are related to one another in the fourth and fourth degrees of kindred. And he says that he knows well that the aforesaid Edward, late king, and the lady Margaret, mother of the aforesaid Henry, king that now is, held themselves as kinsmen, etc. (almost verbatim as in the preceding deposition).
Brother John Weston’, prior of the house or priory of St. John of Jerusalem in England, fifty-five years of age, produced, admitted, (fn. 18) and diligently examined of and about the schedule aforesaid, and its contents. And first, of and about his knowledge of the persons, he says that he has known the said king Henry well from the 24th day of August last past, (fn. 19) and the lady Elizabeth for ten years. Further questioned of and about the degrees of kindred and other things in the said schedule, the said sworn [witness] says and agrees in all things with William, earl of Nottingham, his fellow witness.
Sir Richard Croft, knight, aged fifty-four years, witness, sworn, etc., and diligently examined, etc., as above. And first, of [and about] his knowledge of the persons, he says and answers that he has known king Henry well for twenty years, and the said lady Elizabeth for sixteen years. Further questioned of and about the contents of the said schedule, he says and agrees with William, earl of Nottingham, adding that long before any communing between the said prince Henry and lady Elizabeth about a marriage to be contracted between them, he heard the archbishop of York and the bishop of Ely, and many other noble persons of the realm saying and affirming that the said king and lady were and are related in the fourth and fourth degrees of kindred, and that the degrees above declared were and are the true degrees of their kinship drawn from the said duke of Lancaster.
Master Christopher Urswyke, (fn. 20) archdeacon of North Wilts’, aged thirty-six years, as he says, (fn. 21) sworn, etc., and diligently examined, etc., as above. And first, of and about his knowledge of the persons, he says that he has known the said king Henry well for fifteen or sixteen years, and the lady Elizabeth for about four years. Further questioned of and about the contents of the said schedule, he says and agrees with William, earl of Nottingham, adding that he heard the aforesaid degrees lineally recited and declared by the archbishop of York and the bishop of Worcester and Master Richard Lessy, a chamberlain of the pope, and by divers other nobles, and by persons worthy of belief.
Sir Richard Eggecombe, knight, aged forty-two years, sworn, etc., and diligently examined, etc., as above. And first, of and about his knowledge of the persons, he says that he has known king Henry well for three years, and the lady Elizabeth for sixteen years and more. And as to the contents of the said schedule, he says and agrees with William, earl of Nottingham, adding that he heard the above-specified degrees of kindred often recited and declared by the bishop of Ely, and also by John Biknell’, gent., Reginald Bray, knight, and other men grave and worthy of belief. And he says that the said lady Elizabeth has not been ravished, (fn. 22) etc., as above.
Sir William Knywett, knight, aged about forty-eight years, sworn, etc., and diligently examined, etc., as above. And first, [of and] about his knowledge of the persons, he says that he has known the said prince Henry, [now king], well for fifteen years, and the lady Elizabeth from the day of her birth. (fn. 23) And in regard to the other contents of the said schedule he agrees with the said William, earl of Nottingham, adding that long before the last coming of the said lord king into England he heard the said degrees of kindred recited and declared by George, late (fn. 24) [arch]bishop of York, and the duchess of Bu[c]kingham, and by many other nobles and by persons worthy of belief, who related to this sworn [witness] that the degrees aforesaid were the true and undoubted degrees of kindred of the said prince and lady, drawn from the said duke of Lancaster, the first parent and stock in this behalf.
Sir William Tyler, knight, aged forty-three years, sworn, etc., [and] examined, etc., as above, says that he has known prince Henry [now king] well for twenty years, and the lady Elizabeth for twelve years. And in regard to the other contents of the same schedule, he agrees with William, earl of Nottingham, adding that for many years past he has heard the aforesaid degrees recited and declared by Sir John Fortescu, knight, Thomas Fi[t]zHenry, esquire, and other nobles, whose names he does not now remember, to whom he gave and gives credence. And further he says that the said lady has not been ravished, etc., as above.
And incontinently after the attestations of the witnesses aforesaid had been publicly read and declared, the proctors aforenamed, alike of the aforesaid prince Henry and of lady Elizabeth, requested and petitioned the said legate to proceed further in the matter of the said dispensation, in accordance with the power and faculty granted to him by the apostolic see, promulgate sentence or final decree, and grant dispensation. At whose entreaties and petitions the said legate, sitting judicially, read, delivered, and promulgated his written sentence or final decree, and dispensed the said prince Henry, king of England that now is, and the said lady Elizabeth, as follows:—
In the name of God, Amen. We, James, bishop of Imola, apostolic legate to England and Scotland, having heard, etc., the merits and circumstances of a certain matter of a dispensation to be made between the most serene prince and lord the lord Henry, by the grace of God king of England and France and lord of Ireland, of the one part, and the most illustrious lady, the lady Elizabeth, eldest legitimate and natural daughter of the late Edward IV, sometime king of England, of the other part, to contract marriage and remain therein, notwithstanding that they are related in the fourth and fourth degrees of kindred, and the said prince and lady by their proctors sufficiently and lawfully appearing before us, and instantly requesting such dispensation to be made by us; and having found to be true all the contents of a certain schedule of petition set forth to us on behalf of the same prince and lady, the tenour of which is as follows:—
It is set forth to your most reverend lordship on behalf of the most serene prince and lord the lord Henry, by the grace of God king of England and France and lord of Ireland, of the one part, and of the most illustrious lady, the lady Elizabeth, eldest legitimate and natural daughter of the late Edward, sometime king of England and France and lord of Ireland, of the other part, that whereas the said king has by God's providence won (fn. 25) his realm of England and is in peaceful possession thereof, and has been prayed and requested by all the lords of his realm, both spiritual and temporal, and also by the general council of the said realm, called Parliament, to take to wife the aforesaid lady Elizabeth, he, wishing to accede to the petitions of his subjects, desires to take the aforesaid lady to wife, but inasmuch as they are related in the fourth and fourth degrees of kindred, he cannot fulfil such desire without obtaining canonical dispensation, wherefore petition is made to your most reverend lordship on behalf of the said lord Henry and lady Elizabeth to grant them dispensation by the apostolic authority which you exercise to contract marriage and remain therein, notwithstanding the said impediment, and to decree the offspring to be born thereof legitimate, do therefore, by the apostolic authority committed to us, and which we exercise in this behalf, grant to the said lord prince the lord Henry and lady Elizabeth, by this our sentence or final decree, which we deliver and promulgate in these writings, dispensation to contract marriage and remain therein, notwithstanding the said impediment, and decree and declare the offspring to be born therein and thereof legitimate.
All and singular these things, as they are written and recited above, were dated and done by the said James, bishop and legate aforesaid, and before him, sitting judicially and as a tribunal, in the aforesaid chapel of St. Mary, in the year 1485, after the computation of the English church, the 4th indiction, anno 2 Innocent VIII, January 16, in the presence of John, bishop of Worcester, chancellor of England, Thomas, bishop of London, and Gaspar [sic], duke of Bedford, John, lord de Wellys, Master Thomas Jan(e), archdeacon of Essex, [and] John Henkwyn’, (fn. 26) doctors of decrees, and other witnesses. (fn. 27) . And the tenour of the commission of the said legate is as follows:—
Innocentius, etc., to James, bishop of Imola, orator and commissary of the pope and the apostolic see, with plenary power of a legate de latere, to the kings of England and Scotland and their realms, etc., dated at St. Peter's, Rome, 1485, Non. Aug. (5 Aug.), anno 1. Faculty, in aid of his mission, to dispense twelve persons, secular or regular of any orders, except those of the mendicants, to receive and retain for life any two secular or regular benefices with cure or otherwise incompatible with one another, even if such secular benefices be parish churches or their perpetual vicarages, and they and such regular benefices be dignities, etc., priorships [or] provostships, namely, secular persons to hold such secular benefices in titulum, and regular persons one regular benefice in titulum and another (not being a conventual dignity, nor a claustral office) in commendam, and to resign them, simply or for exchange, as often as they please, etc.; to make with all persons who have obtained benefices simoniacally or otherwise uncanonically, or who hold them against Execrabilis or otherwise unlawfully, and who have unlawfully taken the fruits thereof, and have therefore or otherwise contracted disability, a composition in respect of such fruits, and to give or otherwise remit them to the same persons; to dispense six of such persons to receive such benefices anew, make provision to them anew, if needful, and absolve those who have simoniacally obtained the same benefices from sentences of excommunication, etc., incurred thereby, rehabilitate them, and dispense them in respect of irregularity contracted by celebrating masses, etc., when under such sentences; to dispense twenty-five other persons who, being related in the fourth degree of affinity or kindred, and other twelve, who, being related in the third and fourth degrees, have wittingly or in ignorance contracted marriage, to remain in such marriages, provided that the women concerned were not ravished; to dispense twelve other persons who are related in the same fourth degree, and who desire to contract marriage and remain therein, and to grant opportune declarations in regard to those who are related in the third and fourth degrees; to absolve those persons who have contracted in the prohibited degrees aforesaid from sentences of excommunication, etc., decreeing legitimate the offspring born to them, and that to be born to them and to other persons dispensed by him; to dispense twelve other persons of illegitimate birth who have not been made clerks, so that, after being made clerks, they may be promoted to all, even holy orders and, when of age, may receive and retain one, two or three or any benefices, of any number and kind, (fn. 28) with or without cure, compatible with one another, even if canonries and prebends, dignities, etc., and may resign them, simply or for exchange, as often as they please, etc.; to grant to twelve other persons, lords of places, or prelates, or abbots of monasteries, or priors of monasteries wont to be governed by priors, or counsellors of great princes, that they may have a portable altar, etc.; to grant to twelve other ecclesiastical persons, secular or regular, that they may make a will; to create and receive as notaries public six persons, clerks not in holy orders, or clerks married to one wife, a virgin, (fn. 29) whom he shall find fit by examination, first receiving from them the usual oath of fealty according to the form appended to these presents, and to invest them by pen and inkpot, (fn. 30) according to custom; notwithstanding, etc.; with the form of the oath aforesaid, beginning ‘Ego. N. clericus. N. diocesis, non coniugatus (fn. 31) nec in sacris ordinibus constitutus.’
In witness of all which things we James, bishop and apostolic legate aforesaid, have ordered and caused these present letters, or this present public instrument, containing the whole process had and made by and before us in the matter of the said dispensation, to be made and drawn up in this public form by the notaries public below written, our scribes in this behalf, and to be signed with their wonted signs and names, and to be fortified with the setting of our seal, dated in the year, indiction, pontificate, month, day, and place aforesaid.
And we say, attest, and declare that the said king Henry and lady Elizabeth are the first persons related in the fourth and fourth degrees of kindred, and desiring to be joined together in matrimony, in regard to whom we have begun to exercise [and] execute (fn. 32) our above-said faculty to dispense twelve persons, the sixteenth day of January, 1485[/6], at London: Ja (cobus) ep (iscopu)sImolen (sis) s (anctissimi) d (omini) n (ostri) cu (m) p (otes)tate legati de latere co (m)missarius et orator, manu propria.
I, Baptista Laurus, citizen of Bologna, doctor of decrees and archpriest of the collegiate church of St. John in Tririario [sic], in the diocese of Bologna, notary by imperial authority, auditor of causes of the said legate, was present at the above-written process, and by his special commission examined, heard, and understood, along with the bishops of London and Worcester, the testimonies and depositions of the aforesaid witnesses on oath, and in witness of this thing and cause have subscribed myself here with my own hand, the day, month, year and place above mentioned. And I. Peter de Capite ville, clerk, of Aire (Aduren.) notary public by apostolic and imperial [authorities], having been present at all the foregoing, (fn. 33) and I, Richard Spencer, clerk, of the diocese of Lincoln, notary public by apostolic and imperial [authorities], and registrar principal of the court of Canterbury and keeper of the registers of the same court, having been present in person at all the foregoing, the year, indiction, pontificate, month, day and place more fully set out above at the end of the present instrument or process, and having seen and heard all the foregoing being done, have therefore signed this present public instrument or process, faithfully written by the hand of another, with my wonted sign and name, along with the setting of the seal of the aforesaid most reverend father, and have subscribed myself here with my own hand, in witness of all the foregoing.
And I, John Reed, clerk, of the diocese of Lincoln, I.U.B., notary public by apostolic and imperial authorities, was present in person at, and saw and heard all the foregoing process, etc., in the above-named chapel of St. Mary the Virgin, (fn. 34) the year, etc., aforesaid, and therefore have published and drawn up in this public form this present public instrument, faithfully written by the hands of another, containing in the process and subscriptions twelve leaves, and have signed it with my wonted sign and name, along with the setting of the seal of the said most reverend father, and have here subscribed myself with my own hand, in witness of all the foregoing.
Innocentius etc. Ad perpetuam rei memoriam. In supreme dignitatis specula. (In the margin at the beginning: ‘Hie. Balbanus.’ At the end: ‘Gratis de mandato sanctissimi domini nostri pape.
F. de SunoP. de Perreria
Jo. Cotini
The ‘rubricella’ at the beginning of the Register is: ‘Ad instantiam Henrici regis et Elizabeth regine Anglie illustrium declaratio quod fides adhibeatur transumpto litterarum et processus Jacobi episcopi Imolensis.’ [39 pp. The original bull is in Public Record Office, Papal Bulls 23 (10), (fn. 35) but is not printed in Foedera. See also below, f. 35v., and Reg. Vat. DCLXXXII, ff. 412r. and 413v., above, pp. 1, 2.]
1486.
Ibid.
(f. 35v.)
Confirmation, etc., as below. Lately, at the desire of Henry VII, king of England, and Elizabeth, queen of England and eldest daughter of the late Edward IV, related in the fourth and fourth degrees of kindred, to be joined together in matrimony, James, bishop of Imola, orator and commissary of the pope and the apostolic see in England and Scotland, with the power of a legate de latere, dispensed (in virtue of other letters by which the pope granted him faculty to dispense twelve persons related in the fourth degrees of affinity or kindred to contract marriage and remain therein, and to decree their offspring legitimate) the said king and queen, notwithstanding the said kinship, to contract marriage and remain therein, decreeing the offspring thereof legitimate, as is said to be more fully contained in the sealed letters of the said bishop; after and in virtue of which the said king and queen contracted marriage per verba legitime de presenti, solemnized it, and consummated it. Seeing that, as the pope has learned, the said king and queen desire to have the pope's confirmation, he hereby, motu proprio, in order that they may be able to remain in the said marriage, and that there may be no doubt in future as to the force thereof, confirms and approves the said dispensation, and all the contents and consequences of the said bishop's letters, and decrees the said marriage to have been lawfully contracted and to be lawful in all respects, as if the dispensation had been granted ab initio by the pope himself, who furthermore blesses the said king and queen, and the marriage which they have contracted. Ad perp. rei mem. Redemptoris et domini nostri Iesu Christi. (In the margin at the beginning: ‘Hie. Balbanus.’ At the end: ’Gratis de mandato sanctissimi domini nostri pape.
F. de Suno L. de Marcellinis
Jo. Cotini
and in the margin at the end: ‘Jul (ii).’ There is also ’Duplicata et triplicata sub eadem data, et per eundem scriptorem script (a).’) [4½ pp. One of the duplicates of the original bull is in the Public Record Office, Papal Bulls 23 (7), whence printed in Foedera. See also above, f. 1r., and Reg. Vat. DCLXXXII, ff. 412r. and 413v., above, pp. 1, 2.]
Ibid.
(f. 38r.)
To Henry and Helisabeth, king and queen of England. Indult to choose a fit priest, secular or religious, as their confessor, who may in cases reserved to the apostolic see (except those of the crimes of heresy, rebellion and conspiracy against the person or estate of the pope or the said see, and offence against the person of any bishop or cardinal), after hearing their confessions, grant them absolution, once only in any year, and in the hour of death even in such reserved cases, and in other cases as often as shall be opportune, and enjoin a salutary penance; and that the same or other confessor of their choice may grant them, being penitent and having confessed, plenary remission of all their sins, in the hour of death or when death is feared, and commute their vows, except only those of the Holy Land (ultramarino), visit to the shrines of SS. Peter and Paul, and religion. The pope further grants indult to the said king only to have mass celebrated in his presence after noon (post nonam sive meridiem), indult to both king and queen to have a portable altar, on which they may have mass celebrated when necessary before daybreak, and indult to have mass and other divine offices celebrated in places under interdict, with doors closed, the excommunicate and interdicted being excluded, bells unrung, and in a low voice, in presence of themselves and their household, etc., provided that they are not the cause of such interdict, nor specially interdicted, and indult for them and each of them and six persons, and for Margaret, countess of Richmond, the said king's mother, (fn. 36) and other six persons, not to be bound to fast in Lent, and during that season to eat eggs, cheese, butter and other milk-meats, whenever they shall think fit. Eximie devocionis sinceritas. (At the beginning and end, as in the preceding, but without the Duplicata etc.) [3½ pp.]

3 Innocent VIII.

5 Kal. Oct.
(27 Sept.)
St. Peter's, Rome.
(f. 206v.)
To Hobert de Burgo, and Henry de Anglo alias Macostello, and Nicholas Morthi, canons of Limerick. Mandate, as below. The recent petition of Cornelius Ohyfernayn, layman, of the diocese of Emly, contained that the monastery of Athassell, O.S.A., in the diocese of Cashel, wont to be governed by a prior, is threatened with the ruin of its buildings, and is in great need of repair, and that divers of its immovable goods are in the possession of laymen and are ill managed, wherefore the said monastery needs for remedy some fit steward (fn. 37) ; and added that the said Cornelius is apt, powerful, and fit for the purpose. The pope, therefore, hereby orders the above three, if they find the facts to be as stated, and if the present commendatary of the said monastery consent, to appoint the said Cornelius to be steward for as long only as the said commendatary shall live and shall hold the said priory; with faculty to do all things which by law or custom belong to the office of a steward. Ad ea per que. [2 pp.]
1486/7.
Id. Jan.
(13 Jan.)
St. Peter's, Rome.
(f. 250v.)
To John Hacworth alias Blacborn, a canon of the monastery of St. Peter, Thurgarton, O.S.A., in the diocese of York. Dispensation, as below. The present pope lately dispensed him to resign, simply or for exchange, the perpetual vicarage of the parish church of St. Mary, Ratclyf upon Trent, in the diocese of York, and receive and retain any other benefice, with or without cure, wont to be held by secular clerks, even if a parish church or its perpetual vicarage, etc., and to resign it, etc., when he pleased, etc. The pope now dispenses him, who is still holding the said vicarage, to receive and retain for life therewith any other like benefice, with or without cure, wont to be held by the said clerks, and to resign it, etc. Religionis zebus, vite etc. [3 pp.]
1486.
9 Kal. Nov.
(24 Oct.)
St. Peter's, Rome.
(f. 282r.)
To the bishops of Chichester, Hereford and Ely. Mandate, as below. The recent petition of John Baylif(e), clerk, a completed I.U.B., chaplain of Henry, king of England, and Robert Wooderoof(e), Thomas Maddeis, and William Chubbis, clerks, completed S.T.B.s, of the dioceses of Worcester, London, Norwich and York, contained that (fn. 38) they have studied for several years in the universities of Paris, Oxford and Cambridge, viz. the said John in the faculty of canon and civil law, (fn. 39) and the said Robert, Thomas, and William in the faculty of theology, and that the said John has obtained the degree of I.U.B., and the said Robert, Thomas, and William that of S.T.B., and that the said John desires to be promoted to the degree of doctor in decrees, and the said Robert, Thomas, and William to the degree of S.T.M. The pope, therefore, hereby orders the above three, if, after diligent, even rigorous examination, with the assistance of two or three doctors in decrees and masters or licentiates in theology, they find them fit to be admitted to the said degrees, to release any oath which they may have taken not to receive the said degrees except in the said universities, and to confer upon them the same, etc. Viri sacrarum litterarum studio dediti. [1½ pp.]

1 Innocent VIII.

1484.
Prid. Id. Sept.
(12 Sept.)
St. Peter's, Rome.
(f. 374v.)
To John Flescher, priest, of the diocese of Brechin, M.A. Dispensation, as below. Sixtus IV dispensed him to receive and retain for life any two benefices with cure or otherwise incompatible, even if parish churches, etc., and to resign them, etc. Subsequently, the said pope under date 7 Id. Aug. anno 13 [7 Aug. 1484] dispensed him, who stated that he was a chaplain of James, king of Scots, to receive and retain for life with the said or other two benefices any third benefice with cure or otherwise incompatible, even if a parish church, etc., and to resign it, etc., provided that of such three incompatible benefices not more than two were parish churches or perpetual vicarages, etc. The said pope having died before the said letters were drawn up, the pope hereby decrees that these presents shall be sufficient proof of the said later dispensation. Racioni congruit. [32/3 pp. See Cal. Papal Lett., XIII, p. 854.]

3 Innocent VIII.

1487.
Prid. Kal. April.
(31 March.)
St. Peter's, Rome.
(f. 541r.)
To Robert, bishop of Glasgow. Assignment, in order to help him to pay his great burden of debt, of a moiety (fn. 40) of all the first year's fruits, etc., of all priories, dignities, personatus, administrations and offices, and other benefices, secular and regular, with and without cure, in the city and diocese of Glasgow, exempt and non-exempt, in the gift, etc., of himself or others, until he has satisfied his creditors; with mandate executory hereby to the bishop of Dunblane, the precentor of Segorbe (Segobricen.) and the official of Glasgow. Personam tuam. (Gratis de mandato sanctissimi domini nostri pape.) [2¼ pp. A brief summary only in Theiner, Vet. Mon. Hib. et Scot. Hist. Illust., p. 499.]
Ibid.
(f. 542v.)
To the same. Grant, in aid of the debts which he has incurred through his translation from Aberdeen to Glasgow, to exact, twice if necessary, a ‘benevolence’ (caritativum subsidium) from the chapters of the cathedral church and collegiate churches, from the abbots, priors and convents of all monasteries, etc., and from the holders of any benefices, secular and regular, in his city and diocese; with mandate executory as in the preceding. Exigit tue devocionis affectus. (Gratis de mandato sanctissimi domini nostri pape.) [3 pp. Theiner, op. cit., No. DCCCLXXXII, p. 499, from ‘Reg. Secr. Tom. IV, f. 542,’ i.e. the present Register.

Footnotes

1 On the back of the volume: ‘Innoc. viii. Secret. An. i, ii, iii. Tom. iv.’ It contains 581 ff. of text + 12 ff.of ‘rubricelle,’ headed: ‘Rubrica huius libri.’
2 See below. The marriage took place two days later, 18 January, 1485/6.
3 See below.
4 in quadam magna camera.
5 coramJ [a]sparo.
6 Not named.
7 See below.
8 Here in quadam camera.
9 These formal titles which recur regulary, with slight variants, have been usually abridged throughout the rest of the present summary.
10 sit consecutus; cf. below.
11 citra vicesimum quartum diem Augusti bene nouit, i.e. two days after the battle of Bosworth on 22 August. The ‘vicesimum quartum diem’ of the bull looks like an error for ‘vicesimum secundum diem,’ that being the day of the battle, on which Stanley betrayed Richard and joined Henry, thereby ensuing the victory of the latter. It was Stanley, too, who found Richard's crown under a hawthorn bush, and placed it on the head of the victor.
12 instantiis et supplicationibus.
13 See the next following deposition.
14 capta.
15 super eis laborarunt et laborant.
16 genuit, as before.
17 quorum pretextu.
18 Not explicitly stated to have been sworn, but see just below.
19 a vicesimo quarto die Augusti ultimo preteritobene nouit, the same date as in the deposition of the earl of Derby.
20 MS. Wrswyke. Christopher Urswick was also the king's almoner (Le Neve-Hardy, Fasti, II, p. 378.)
21 D.N.B. gives the year of his birth as 1448. According to this, thirtysix years is an understatement of his age on the day of his examination, viz. 14 January, 1485/6, as above.
22 rapta; cf. capta, above.
23 a die nativitatis eiusdem domine Elisabeth.
24 Nuper. George Neville, archbishop of York, 1465–76, translated from Exeter.
25 sic (recte sit) prosecutus (recte consecutus, as above).
26 MS.Ehenkwyn’, but the E, having presumably been written under the influence of Essex, is cancelled with a sloping stroke.
27 Not named.
28 quecunque quodcunque (recte quotcunque) aut qualiacunque.
29 Ac sex personas infra limites dicte legationis constitutas clericos in sacris ordinibus non constitutas (recte constitutos) seu [clericos] cum unica et virgine coniugatas (recte coningatos) … in notarios et tabelliones publicos creandi et recipiendi. Cf. the form of oath, just below.
30 per pennam et calamare.
31 Cf. the preceding not but one.
32 exercere [et] exequi ceperimus (? recte inceperimus).
33 Some text has possibly dropped out here, as the rest of the attestation of this notary does not seem to follow.
34 beate Marie Virginis, instead of beate Marie, as hitherto.
35 The List ofPapal Bulls preserved in the Public Record Office (Lists and Indexes, No. XLIX, 1923), p. 313, gives the incipit, which is defective, as ‘Ad perpetuam rei memoriam. Ad [sic] suprem.’
36 Wife since about 1482 of Sir Thomas Stanley, created earl of Derby in 1485.
37 aliquo ydoneo sindico seu procuratore.
38 Sane pro parte dilectorum filiorum Johannis B. in utroque jure et Roberti W. ac Thome Maddeis necnon Willelmi C., clericorum Wigornien. Londonien. No[r]uicen. et Eboracen. dioc. formatorum in theologia bachallariorum nuper nobis exhibita petitio continebat quod.…
39 utriusque juris.
40 Personam tuamHinc est quod nos tibi ut grandia debita quibus grauatus existis commodius persoluere posses [? recte possis] de alicuius subuencionis auxilio providere volentes, tibi pro huiusmodi tuorum debitorum solucione medietatem