|4 Id. March.
St. Peter's, Rome.
|To the deans of Ross and Cork, and Florence Olonygayn, a canon of Ross. Mandate, as below. The recent petition of Cornelius Ymurchu(n), precentor of Cork, contained that although provision had been made to him by papal authority of the said precentorship, and although, in virtue thereof he had obtained possession and had held it in peace for several years, John [son] of Maurice de Geraldinis, clerk, falsely alleging that it [belonged to him] under pretext of certain papal letters granted to him against Thomas Ohelathe, sometime precentor (since whose death three others had been possessors of the said precentorship for several years, the said Cornelius being the fourth), came with armed men to the town in which the said Cornelius was dwelling, and carried off by force his goods and also the letters of his provision and the process decreed in that behalf, and very many fruits, etc., of the said precentorship; that by means of common friends, the said Cornelius caused the said John to be requested to restore what he had taken, which he refused to do unless the said Cornelius submitted himself by oath to the judgment of the archbishop of Cashel, who was very much suspect to him, or of the bishop of Cork, brother of the said John's father, (fn. 2) or of two others also very much suspect to him, wherefore the said Cornelius, trusting in the justice of his cause, (fn. 3) submitted himself by oath to the judgment of the said bishop, who, wrongfully proceeding, promulgated, without any restitution having been made, unjust and definitive sentence in favour of the said John and against the said Cornelius, from which the latter appealed to the apostolic see; that he obtained from the said archbishop certain letters ordering him to be restored to his possession, with the fruits taken, which letters the said archbishop revoked, and that from such revocation he again appealed to the said see; and that whilst the said appeals were pending the said archbishop and bishop ordered sentences of excommunication, etc., to be promulgated against him, unless he obeyed the said sentence. The pope has also been informed by the said Cornelius that Eugene Offychallaygh, perpetual vicar of the parish church de Kea(n)neych (?) in the diocese of Cork, has committed notorious fornication, is guilty of perjury and simony, has dilapidated the precious movables of the said vicarage, and, being under sentence of excommunication and publicly proclaimed as such, has taken part in divine offices in contempt of the Keys, and that the fruits, etc., of the said precentorship are insufficient for his maintenance. At the said petition, therefore, of the said Cornelius, who alleges that he is of noble birth by both parents, and that he holds the rectory of Raythdrueta in the said diocese, yearly value not exceeding 1½ marks sterling, the pope hereby orders the above three to summon the said John and others concerned, grant the said Cornelius conditional absolution from transgression of the said oath and from the said sentences, relax the said oath, and, for the rest, hear both sides, and decide what is just, without appeal, causing their decision to be observed by ecclesiastical censure; and moreover, if the said Cornelius will accuse the said Eugene before them, to summon the latter, and if they find the foregoing, or two of them sufficient for the purpose, to be true, to deprive and remove him from the said vicarage, and, in the event of their so doing; and if, after the said cause has been introduced before them, they find as the result of it that neither the said Cornelius nor the said John has a right in or to the said precentorship, to collate and assign it, a non-major dignity, to the said Cornelius, and to unite and appropriate to it, for as long as he shall hold it, the said vicarage, yearly values not exceeding 24 and 14 marks sterling, respectively, and, in the event of his failing in the matter of the precentorship, to collate and assign to him the said vicarage. As soon as he obtains possession of them, or of one of them, in virtue of these presents, he is to resign the said rectory, if it has cure of souls, etc. Apostolice sedis providentia circumspecta. [8¼ pp.]