Vatican Regesta 753
1489-1491

Sponsor

Institute of Historical Research

Publication

Author

J. A. Twemlow (editor)

Year published

1960

Pages

270-274

Annotate

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

Citation Show another format:

'Vatican Regesta 753: 1489-1491', Calendar of Papal Registers Relating to Great Britain and Ireland, Volume 14: 1484-1492 (1960), pp. 270-274. URL: http://british-history.ac.uk/report.aspx?compid=105300 Date accessed: 02 August 2014.


Highlight

(Min 3 characters)

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

Bullarum Liber LVI.

7 Innocent VIII.

1490/1.
5 Id. Feb.
(9 Feb.)
St. Peter's, Rome.
(f. 84r.)
To the archdeacon of Tuam, and Edmund and Thomas de Burgo, canons of the same. Mandate, as below. The pope has this day been informed by Miles de Burgo, a canon of the monastery of St. Mary, Cong, O.S.A., in the diocese of Tuam, that Richard, also de Burgo, abbot of the same, has dissipated and alienated divers of its immovable goods, even in great quantity, and has converted the price thereof to his own uses. And the recent petition of the said Miles contained that (after Paul II's renewal and confirmation of all papal sentences of excommunication, etc., against simoniacs, and his reservation of absolution therefrom to himself and his successors), he made a bargain with the said Richard to the effect that if the said abbot would receive him as a canon of the said monastery, [and grant and assign him a canon's portion, he would give the said abbot the fruits, etc., of the said portion, in pursuance of which bargain the said abbot] granted and assigned him a canon's portion, and he gave the fruits, etc., of the said portion to the said abbot, who received them, the said Miles thereby incurring simony and the said sentences, etc. (fn. 2) The pope, therefore, at the said petition of the said Miles, who has made his profession of the said Order, hereby orders the above three to absolve him from the said simony and sentences, etc., enjoining a salutary penance, and rehabilitate him, and to decree that the said reception of him as a canon, his profession, and the assignment of a portion shall hold good from the date of these presents; and moreover, if the said Miles will accuse the said Richard before them, to summon the latter, and if they find the foregoing to be true, to deprive and remove him, and in that event to make provision of the said Miles, if found fit, to the said monastery, yearly value not exceeding 50 marks sterling; whether it be then void by such deprivation and removal, or be already void by the death of Walter, also de Burgo, or be void in any other way. The pope further grants that he may be blessed by any catholic bishop in communion with the apostolic see, who shall receive from him the usual oath of fealty, according to the form enclosed, and cause it to be sent to the pope by his letters patent sealed with his seal (fn. 3) ; without prejudice to the archbishop of Tuam, to show the said monastery is by ordinary right subject. As soon as the said Miles obtains possession of the rule and administration, he is, as he has offered, to resign the said portion. Sedes apostolica pia mater., [4 pp. In the margin at the end: ‘Mar(tii).’]

5 Innocent VIII.

1488/9. (fn. 4)
6 Kal. Feb.
(27 Jan.)
St. Peter's, Rome.
(f. 113v.)
To Master Peter de Accoltis, a papal chaplain and auditor. Mandate, as below. The recent petition of Alexander Keyth, (fn. 5) clerk, of the diocese of St. Andrews, contained that on the voidance of the rectory of Strahrok, called a prebend of the church of St. Mary de Ruppe [alias Kirkheugh? ] at St. Andrews, of the patronage of lay barons, and without cure, by the death of James Lindesay extra R.c., Gilbert Reyth [sic], alleging himself to be the patron, presented the said Alexander to the then vicar in spirituals of William, archbishop of St. Andrews, who instituted him, in virtue of which presentation and institution he obtained possession; and that subsequently Alexander Suthirland, clerk, alleging that he had been presented to the said vicarage by a certain other who claimed to be the patron, and that he had appealed to the apostolic see from the refusal of institution, and from other grievances falsely alleged by him to have been inflicted on him, intimated the said appeal to the said Alexander Keyth, with the intent that the whole of the said matter should devolve to the Roman court. The said petition adding that it is alleged that the said Alexander Keyth has no right in or to the said rectory, and that the presentation of the said Alexander Suthyrland is not canonical, the pope, specially derogating for this turn only from the said right of patronage, as far as necessary, (fn. 6) hereby orders the above auditor, after summoning the said Alexander Suthyrlant [sic] and others concerned, to hear the cause of the said appeals and that of the principal matter, (fn. 7) hear both sides, and decide what is just, without appeal, causing his decision to be observed by ecclesiastical censure; and furthermore, after the cause has been lawfully introduced before him, if by the event of it he find that the said Alexander Keych [sic] has no right in or to the said rectory, and that the presentation of the said Alexander Suthyrlant [sic] is not canonical, to collate and assign the said rectory, yearly value not exceeding 40l. sterling, to the said Alexander Keych [sic]. Vite etc. [5¼ pp. In the margin at the end: ‘Mar(tii).’]

7 Innocent VIII.

1490/1.
Kal. March.
(1 March.)
St. Peter's, Rome.
(f. 288v.)
To John Kendal, prior of the priory of England, of the Hospital of St. John of Jerusalem, a member of the pope's household. Exemption, etc., as below. The pope by other letters, in consideration of his great merits, and of the services which he has rendered to the pope and the apostolic see and the Christian commonwealth, made him a member of the house and family of Cibo, citizens of Genoa, which gave birth to the pope, and joined him to other citizens of the said house and family, and willed and granted that he should enjoy the name, nobility, dignity, arms and insignia of the same family, and be held and treated everywhere as such accordingly, as is contained more fully in the same letters. (fn. 8) The pope now, in order that he (who has been nurtured from his tender years and has laudably persevered until now in the religion of St. John of Jerusalem, (fn. 9) and is fortified (fn. 10) with the exemption which by apostolic indults all the religious of the said religion enjoy, and in accordance with such exemption is subject solely to the said see and to the master of the said Hospital and its other prelates and officers, etc.) may be fortified with special exemption and favour of the said see, takes him, motu proprio, under the protection of SS. Peter and Paul and the said see and of the pope himself, and exempts him from the power, superiority, jurisdiction, etc., of all legati nati and [legates] emissary, even [legates] de latere, (fn. 11) and papal nuncios with the power of such legates, unless they have these things specially contained in their mandates with express and specific mention of these presents, (fn. 12) and also of ordinaries of places ecclesiastical and secular, and their officials, (fn. 13) and all other judges, except only the said master, and wills that he shall be subject solely to the said see and master, so that the said legates, nuncios, ordinaries, officials (fn. 14) and judges, ecclesiastical, and still less (fn. 15) secular, even those exercising the authority of dukes, marquises, kings and queens, shall not be able, even by reason of delict, contract, etc., to exercise any superiority and jurisdiction against him [and] his benefices and goods, nor pronounce any censure or other sentence, but that he shall be bound to stand his trial (fn. 16) solely before the said see and master and their delegates, and judicially make answer to complainants, etc. The pope further orders, also motu proprio, the conservators and sub-conservators of the privileges of the said Hospital and other persons of ecclesiastical rank, and canons of metropolitan and other cathedral churches, when required, to publish the foregoing and to defend him, etc., and to proclaim and cause to be proclaimed by others the penalties of interdict, excommunication, deprivation and disability against such legates, nuncios, ordinaries and officials (fn. 17) and judges, ecclesiastical and secular, even those of royal rank, as shall disobey. A copy of these presents signed by the hand of a notary public, and bearing the seal of some prelate, shall have the same force as the original. Decens et debitum. (Gratis de mandato sanctissimi domini nostri.) [3 pp. In the margin at the end: ‘Mar(tii)’. See Reg. Vat. DCCLIV, f. 5r., below, p. 275.]

Footnotes

1 On the back of the volume: ‘Inn. viii. Bullar. Ann. vii. Lib. LVI.' On the front cover of the original sheepskin binding, preserved at the beginning of the volume, is the contemporary ‘LVI Bullarum Inno.’ and ‘R(ecipe) Phy. fo. 167’; and on the back of it is the usual later ‘Innoc. 8. Lib. 56.’ There are 1–315 ff. of text (all foliated in arabic numerals), and no ‘rubricelle.’
2

ipse Milerus ambitiose aspirans se in canonicum dicti monasterii recipi, cum dicto Rescerdo abbate pepigit et conuenit quod si eum in canonicum et in fratrem dicti monasterii reciperet, et de prouentibus eiusdem monasterii sicuti uni ex aliis dicti monasterii canonicis congruam portionem sicut uni ex aliis dicti monasterii canonicis concessit et assignauit, et ipse Milerus fructus et proventus de portione sibi consignata predicta prouenientes percepit et leuauit, necnon bona seu promissa [sic] predicta eidem Rescerdo abbati tradidit et consignauit, et ipse Rescardus [sic] abbas illa recepit, simonis labem et sententias censuras et penas predictas damnabiliter incurrendo. The text is incomplete, as the result of a saltus.

The above looks like a trap laid by Miles to catch the abbot, and so catch the abbey.

3 Volumus autem quod idem antistes qui ipsi Milero munus predictum impendat [sic], postquam sibi illud impenderit, nostro et Romane ecclesie nomine fidelitatis debitum ab eo solitum recipiat juramentum juxta formam quam sub bulla nostra mittimus interclusam, ac formam juramenti quod dictus Milerus prestabit nobis de verbo ad verbum per eius patentes litteras suo sigillo signatas per proprium nuntium quam totius destinare procuret.
4 The date had ‘MCCCCLXXXVIIIJ.’ The ‘VIIIJ’ is cancelled, and in the margin ‘Octauo’ is substituted, with the note: ‘Correptum de mandato sanctissimi domini nostri pape Hie(ronimo) Balbano secretario [referente? ] die ultima Aprilis 1491, Ja.’
5 The third letter has been corrected and is obscure, but appears to be y. as further on, passim, several times with the spelling ‘Keych.’
6 quatenus opus sit.
7 appellationum predictarum et negotii principalis causas.
8 Hinc est quod nos te, quem tuis exigentibus magnis meritis et per te nobis et dicte [apostolice] sedi ac rei publice christiane impensis obsequiis, de domo et familia de Cibo ciuium Januen(sium), que nostris dedit ortum natalibus, per alias nostras litteras fecimus creauimus constituimus et deputauimus, ac aliis ciuibus de domo et familia predicta adiunsimus[sic] et aggregauimus, ac voluimus et tibi concessimus quod eiusdem familie nominie nobilitate dignitate armis et insigniis potireris et gauderes, ac pro tali teneri haberi et tractari deberes ubique locorum, prout in eisdem litteris plenius continetur.
9 qui in religione sancti Johannis Jerosolemitani a teneris annis nutritus fuisti, et laudabiliter perseuerasti usque modo.
10 munitus existis.
11 quorumcunque legatorum natorum et emissorum etiam de latere.
12 nisi hec specialiter habuerint in mandatis, cum expressa et specifica presentium mentione.
13 officialium.
14 officiales.
15 et longe minus.
16 stare juri et conquerentibus de te in justitia respondere.
17 officialitus.