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Vatican Regesta 746
1487-1490

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Institute of Historical Research

Publication

Calendar of Papal Registers Relating to Great Britain and Ireland, Volume 14: 1484-1492

Author

J. A. Twemlow (editor)

Year published

1960

Pages

258-263

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'Vatican Regesta 746: 1487-1490', Calendar of Papal Registers Relating to Great Britain and Ireland, Volume 14: 1484-1492 (1960), pp. 258-263. URL: http://british-history.ac.uk/report.aspx?compid=105293 Date accessed: 19 May 2013. Add to my bookshelf

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Contents

Vatican Regesta, Vol. DCCXLVI.
Bullarum Liber XLIX. Footnotes

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

Bullarum Liber XLIX.

4 Innocent VIII.

1487.
8 Id. Nov.
(6 Nov.)
St. Peter's, Rome.
(f. 173r.)		 To William Brokeburn, chancellor of the church of Llandaff (Landauen.). Rehabilitation, etc., as below. His recent petition contained that when he was holding inter alia the rectory of the parish church of Holy Trinity, Merkeros, in the diocese of Llandaff, provision was made to him by authority of the ordinary of the chancellorship of Llandaff, which has cure, in virtue of which he took possession thereof; and that, without having obtained any dispensation for the purpose, he detained therewith for more than a month the said rectory, which had thereby become void, against Execrabilis, and continued to detain it for some time, taking the fruits de facto, thereby contracting disability; that, on the voidance of the rectory of the parish church of St. Ciriacus (i.e. St. Goettre ?), Coychurch, in the said diocese, he, who, although he had resigned the said rectory of Holy Trinity, was still detaining the said chancellorship, got provision made to him of the said rectory of St. Ciriacus by authority of the ordinary, without having been rehabilitated; and that subsequently Sixtus IV dispensed him to receive and retain for life with the said rectory of St. Ciriacus, which he alleged that he was holding, one other benefice, and if he resigned the said rectory any two benefices, with cure or otherwise incompatible, even if two parish churches, etc., or cathedral dignities, etc., and to resign them, simply or for exchange, as often as he pleased. The said petition added that he freely gave up the said chancellorship to the ordinary collator thereof; that the bishop of Bath and Wells made collation and provision to him of the rectory of the parish church of Shipton Malett in the diocese of Bath and Wells; that, after he had obtained possession thereof, and was still detaining it, taking its fruits, also de facto, thereby contracting fresh disability, the bishop of Llandaff made him collation and provision of the said chancellorship, as being void in a certain way, whilst the said disability was still enduring, possession of which chancellorship he has not yet obtained; and that he fears that the said letters may be held surreptitious and invalid, and may prove useless to him, because no mention was made in them of his said former disability, and of his having got de facto collation made to him a second time of the said chancellorship, and because it was stated in them that he was holding the said rectory of St. Ciriacus, but not that he had detained it de facto. The pope, therefore, hereby rehabilitates him, and grants to him that the said letters of pope Sixtus shall hold good from the date of these presents, as if mention had been made therein of his said disability, and of his detention of the said rectory of St. Ciriacus and of the said chancellorship, and as if the said pope had thereby rehabilitated him. Sedes apostolica pia mater. [22/3 pp. In the margin at the end: ‘Ap(r)i(lis).’]

6 Innocent VIII.

1489.
6 Kal. Jan.
(27 Dec.)
St. Peter's, Rome.
(f. 185r.)		 To John Appulgard, minister of the Trinitarian house of St. James, Athadard [sic], in the diocese of Limerick, under the rule of St. Augustine. (fn. 2) Collation, etc., as below. His recent petition contained that on the voidance of the ministership of the said house by the death of Eugene Offellain extra R.c., Robert Guagung, minister-general of the said Order, to whom by ancient custom the collation and provision of the said ministership belongs, made collation and provision thereof to the above John, who, however, has not had possession. The said petition adding that he fears lest the said collation and provision do not hold good, and it being alleged that the said ministership (fn. 3) is still void as above, the pope hereby makes his collation and provision of the said ministership, which is conventual, is wont to be held by friars of the said Order, of whom he is one, having made his profession, and has cure of souls, wont to be exercised by a perpetual vicar, and whose yearly value does not exceed 54 marks sterling; with mandate executory, hereby, to the bishops of Limerick and Clonfert, and Richard Waryng, a canon of Limerick, Religionis zelus, vite etc. [5 pp.+. In the margin at the end: ‘April(is).' See Reg. Vat. DCCXLIV, f. 126v., above, p. 254.]
1490.
11 Kal. May.
(21 April.)
St. Peter's, Rome.
(f. 194v.)		 Declaration, etc., as below. A suit having lately arisen between Odo, bishop of Ross, and Thady Macarca [sic], a bishop in the universal church, about the rule and administration of the church of Ross (provision of which, then void by the death of Donald extra R. c., was successively made to each of them by divers letters of the late Sixtus IV (fn. 4) ), each of them alleging that he had been canonically appointed to the said church, and that he was being unlawfully hindered by the other; and an appeal having been made to the apostolic see on behalf of the said Thady from letters of the said Sixtus (by which it was declared that the said Odo was canonically bishop, and by which the said Thady and his abettors (fn. 5) were inhibited under ecclesiastical censures from hindering the said Odo in the said rule and administration, and by which the chapter, clergy, and people, and the vassals and subjects of the said church were ordered to obey the said Odo as their true bishop), and from other letters which had emanated from the present pope about the approbation and renewal of the said letters, and other things concerning the said promotion, and about the execution thereof, the pope gave a commission to Oliver, [cardinal] bishop of Sabina, to summon the said Odo and others concerned, hear the cause of the said appeal and of the validity or invalidity of the said letters, and also the cause of the principal matter, and report to the pope in consistory, according to custom, full power ad cautelam being granted to him to absolve the said Thady and his abettors from the said censures and pains, dispense them from any irregularity contracted by them through celebrating masses [and other] divine offices when under such censures, etc., and relax the interdict contained in the said letters, which bishop, after having summoned the said Odo, and the latter and the said Thady appearing before him, both by their proctors and in their own persons, has made a diligent examination and, being hindered by a lawful impediment, has caused what he had found to be reported in consistory to the pope and his brethren by Francis, cardinal deacon of St. Eustachius's. The pope, therefore, having had the faithful report of the said bishop Oliver on the merits of the said cause, and wishing to put an end to the said suit, hereby declares, with the counsel of his said brethren, that provision was canonically made of the person of the said Odo to the said church of Ross and that he is bishop thereof, that the said Thady never had any right and has no right in the rule and administration, and imposes perpetual silence upon him in the matter of the said church and its rule and administration, wills and decrees that he and all others comprehended in the said letters of monition of the same predecessor and his own are bound to obey them in future, under the censures and pains contained therein, and absolves the same Odo (who, as was alleged, before his said promotion entered the Order of Friars Minors, called [the Friars] of the Observance, and left it, but within the year of probation; and who, in order to recover a certain perpetual vicarage of a certain parish church, which he was holding at the time of the said entrance, and which was thereafter collated by authority of the ordinary to another, gave the latter, in order that he should resign it for the said purpose, a certain sum of money or other goods; and who, after [provision had been made] of his person to the church of Ross, as void by the cession of the said bishop Donald (who had already died when his proctor made the said cession to the aforesaid Sixtus, and before other letters emanated from the same Sixtus, by which he willed that the preceding provision and appointment made of the said Odo to the said church, as void by cession, should hold good as if it had been void by death, meddled with the said rule and administration under pretext of the said appointment made of his person to the said church, as void by the said cession, and exercised things which belonged to episcopal order and the jurisdiction of Ross, and took the fruits of the said [sic] mensa), (fn. 6) from apostasy, simony, and the censures and pains incurred thereby, dispenses him on account of any irregularity contracted by celebrating masses and other divine offices, when under such censures, and rehabilitates him, and grants to him that the earlier and later letters obtained from the said Sixtus in the matter of his promotion and appointment aforesaid, and also the said letters of Sixtus and of the present pope, and other letters, and their contents, and all matters which belonged to episcopal order and the jurisdiction of Ross (having been otherwise lawfully performed by him), shall hold good in future and have full force in all respects, as if the aforegoing had been expressed in the letters of the same Sixtus, and as if the said Odo had obtained the said absolution, dispensation, and rehabilitation from him, (fn. 7) etc. Ad futuram rei memoriam. Super cathedram preheminentie pastoralis.
x Collationata N.de Castello
L x
x R. de Becchis
M. de Thebaldis
R.Cabredo pro comput(atore)
(In the margin at the end: ‘Maij.’) [3 pp.]
1490.
4 Id. May.
(12 May.)
St. Peter's, Rome.
(f. 209v.)		 To William, archbishop of Tuam. Faculty and power, as below. Whereas the province of Ireland is very distant from the Roman court, and whereas, as the pope has learned, between its inhabitants there arise at times contentions and other dissensions and battles, leading to manslaughters and depredations of churches and rapine of goods, it happens that persons of the same province, for the purpose of assuaging contentions and procuring and confirming peace between them and their kinsmen and friends, contract marriages, even sometimes wittingly, within the prohibited degrees, and on account of the distance cannot conveniently go or send to the apostolic see for dispensations and for absolution from sentence of excommunication which they have thereby incurred, and so remain bound by the said censures and remain in the marriages de facto contracted, to the peril of their souls, or, if they do come or send, they or their messengers are sometimes despoiled of their goods, to the great peril of their persons and the loss and damage of their goods. The pope, therefore, hereby grants, motu proprio, faculty and power to the said archbishop to dispense forty-five men and as many women in the said province related in the simple or even the double, triple, quadruple and multiple third and fourth, etc., degrees of kindred or affinity, etc., even if they have wittingly committed fornication with one another, to contract marriage, and remain therein, and to dispense thirty-five other persons, husband and wife being counted as one person, who have contracted marriage, wittingly or in ignorance that they were so related, even if they have begotten offspring (after absolving those who have done so wittingly from sentence of excommunication and from the crime of incest, enjoining a salutary penance, etc., and temporary separation), to contract marriage anew, and remain therein, decreeing the offspring thereof legitimate. He is to certify the papal Camera of the names and surnames and dioceses of persons dispensed, and of the dates of such dispensations, by his letters patent sealed with his seal, and the said faculty, etc., is to last for two years only from the date of its being presented to him.Intenta continue saluti animarum Christifidelium. [2½ pp. In the margin at the end: ‘Ap(r)i(lis)’ [sic]. Theiner, Vet. Mon. Hibern. et Scot., p. 504, No. DCCCLXXXVIII, from ‘Reg. Tom. XLIX, f. 210' [sic], i.e. the present Register.]
1490
(recte 1489/90). (fn. 8)
16 Kal. April.
(17 March.)
St. Peter's, Rome.
(f. 260r.)		 To the bishop of Ross. Mandate as below. The recent petition of William de Mori, clerk, of the diocese of Ardfert, contained that on the voidance of the perpetual [sic] rectories (fn. 9) of the parish churches of Clotirhbrin (?) and Killuri [sic] in the said diocese, which are of lay patronage, the present bishop erected by his ordinary authority, with consent of the patrons, a canonry in the church of Ardfert, and erected as its simple prebend the said rectory of Clotirbrin for the life of the said William, and made him collation and provision of them, and moreover united and appropriated thereto, with the like consent, the said rectory of Killuuri, also for the life of the said William, in virtue whereof he obtained possession. The said petition added that there is a doubt as to whether the foregoing holds good, the said William stating that, being under sentence of excommunication for laying violent hands on a clerk, he took the fruits, etc., of the said canonry and prebend and united rectory for about four years before and after obtaining absolution, and that he doubts whether the said absolution holds good. The pope, therefore, hereby orders the above bishop to absolve the said William anew from the said sentence, enjoining a salutary penance, dispense him on account of any irregularity contracted by causing the said canonry and prebend and united rectory to be served by another, whilst he was under the said sentence, and rehabilitate him, and, in the event of so doing, to confirm and approve by papal authority the said erection and union, etc., if found to have been lawfully made, and, pro potiori cautele suffragio, to erect a canonry in the said church of Ardfert, and erect the said rectory of Clotirbrin as its simple prebend, for the life only of the said William, unite and appropriate to them, likewise for his life, the said rectory of Kinllouri [sic], and collate and assign to him such canonry and prebend and rectory, yearly value altogether not exceeding 40 marks sterling. Sedes apostolica pia mater. [5 pp. In the margin at the end: ‘Aprilis.’]
—
(f. 323r.)		 ’Innocentius etc. Venerabilibus fratribus archiepiscopo Sancti Andree et episcopo Dunkeldensi ac dilecto filio precentori ecclesie Segobricensis, salutem etc. Vite ac morum honestas aliaque laudabilia probitatis et virtutum merita, super quibus dilectus filius Robertus Cambel clericus Glasguensis diocesis apud nos fide digna commendatur test(imoni)o, nos inducunt ut sibi reddamur ad gratiam liberales. Dudum siquidem per nos accepto quod archidiaconatus ecclesie Lismorensis, quem quondam Jo(hannes) Browain [sic] ipsius ecclesie archidiaconus etc.’
Unfinished, and therefore undated, but not cancelled. In the margin is the note: ‘R(egistra)ta per errorem in quinte[r]no pr(im)o libri ij de Curia.’
This is immediately followed by a similarly unfinished and uncancelled mandate addressed to the archpriest and two canons of the church of Bagnorea (Balneoregien.), and beneath it is: ‘Require l(ibr)o s(ecund)o folio xxxo de Curia domini Innocentii pape viii, in quo fuit hec bulla per errorem registrata.’

Footnotes

1 On the back of the volume: ‘Innoc. viii. Bullar. An. v, vi. L. xlix.’ On the front cover of the original sheepskin binding, preserved at the beginning of the volume, is the contemporary ‘Liber xlviiij bullarum,’ ‘R(ecipe) Bonapart(e)’ (cancelled, and followed by) ‘Castelle’; and on the back of it is the usual later’ Innoc. 8. Lib. 49.’ There are i–ccclxxix ff. of text, and no ‘rubricelle.’
2 ministro domus sancti Jacobi Limericensis diocesis ordinis sancte Trinitatis redemptionis captivorum sub regula sancti Augustini.
3 ministrum, recte ministratum.
4 Viz. in 1473 and 1482. See Cal. Papal Lett., vol. XIII, pp. 352 and 743.
5 suisque fautoribus.
6 et postquam de persona sua dicte ecclesie Rossensi ut vacanti per cessionem dicti Donaldi episcopi, qui tempore quo procurator per eum ad id constitutus cessionem ipsam fecit in manibus prefati Sixti iam decesserat, et ante quam ab eodem Sixto emanarent alie littere per quas voluit quod precedens prouisio et prefectio de eo facta dicte ecclesie ut vacanti per cessionem valerent ac si ut vacanti per obitum facte fuissent, regimini et administrationi predictis pretextu prefectionis predicte de persona sua facte dicte ecclesie ut per cessionem ipsam vacanti se ingessit, et que ordinis et jurisdi[c]tionis episcopalis Rossensis erant exercuit, ac fructus mense predicte [sic] percepit. This is the first mention of the mensa.
7 eidemque Oddoni quod obtente ab eodem Sixto super sua promotione et prefectione predictis priores et posteriores, necnon tam predecessoris quam nostre et alie littere predicte et in eis contenta, ac que ordinis et jurisdi[c]tionis episcopalis Rossensis existerent ab eo alias rite gesta quecumque, de cetero valeant plenamque roboris firmitatem obtineant in omnibus et per omnia perinde ac si in eiusdem Sixti predecessoris litteris premissa expressa fuissent, ipseque Oddo absolutionem dispensationem et abolitionem predictas obtinuisset ab eodem prefata [apostolica] auctoritate concedimus.
8 Unless ‘anno sexto’ in the date is an error for ‘anno septimo.’
9 perpetuis rectoriis…vacantibus. The context seems to show that ‘perpetuis’ ought to have been deleted.