Vatican Regesta 754
1490-1491

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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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275-281

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'Vatican Regesta 754: 1490-1491', Calendar of Papal Registers Relating to Great Britain and Ireland, Volume 14: 1484-1492 (1960), pp. 275-281. URL: http://british-history.ac.uk/report.aspx?compid=105301 Date accessed: 18 September 2014.


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Bullarum Liber LVII.

7 Innocent VIII.

1490/1.
11 Kal. March.
(19 Feb.)
St. Peter's, Rome.
(f. 5r.)
To all the brethren of the fraternity of clerks and laymen of both sexes of the priory of England, of the Hospital of St. John of Jerusalem. (fn. 2) Grant and indult for them, present and future (at the petition of John Kendal Cibo, prior of England, of the said Hospital, captain of the custodia of the Sultan Zizimus (Djem), brother-german of the tyrant of the Turks, (fn. 3) and a continual commensal member of the pope's household), to choose as their confessor a fit priest, secular or regular of any Order, even of the Order of Mendicants, who may, after hearing their confession, grant them plenary remission of all their sins. Moreover, seeing that it would be difficult for the present letters to reach each place in which it will be expedient, the pope ordains that a copy of these presents, subscribed by the hand of a notary public, and fortified with the seal of some prelate, shall receive the said credence as if the original letters had been exhibited. Ad fructus uberes. (Gratis de mandato etc.) [2¼ pp. In the margin at the end: ‘Mar(tii).’ See. Reg. Vat. DCCLIII, f. 288v., above, p. 274.]
1491.
5 Kal. April.
(28 March.)
St. Peter's, Rome.
(f. 11r.)
To the bishop of Killaloe (Laon[i]en.), Denis Odayd, a canon of Killaloe, and Thomas Emackarttan [sic], a canon of Annaghdown (Enachedunen.). Mandate, as below. The pope lately, having learned that the perpetual vicarage of the parish church of Killenayn in the diocese of Kilmacduagh (Duacen.) had been so long void that by the Lateran statutes its collation had lapsed to the apostolic see, although Thomas Odubgyla, priest, had detained it for several years without any title, and was still detaining it; and having also been informed by Laurence Odonchu, priest, of Kilmacduagh, that Eugene alias Wochur Oscachnaso, who was behaving as abbot of St. Mary's dePetra, O.S.A., in the said diocese, had, when under sentence of excommunication and publicly proclaimed as such, taken part in divine offices, in contempt of the Keys, ordered certain judges in those parts, if the said Laurence would accuse the said Eugene before them, to summon the latter and the said Thomas, and if they found the said vicarage to be void as above, and what had been reported to the pope to be true, to deprive the said Eugene of the commenda of the treasurership of the church of Kilmacduagh, which he was holding by papal grant and dispensation, and remove him therefrom, and, in the event of their so doing, to make provision of the said vicarage and treasurership to the said Laurence, who had been successively dispensed by papal authority on account of illegitimacy, as the son of a bishop and an unmarried woman, related in the second degree of affinity, to be promoted to all, even holy orders and receive and retain [a benefice with cure of souls, and afterwards] any benefices with and without cure or otherwise mutually compatible, of any number and kind, who was holding a canonry of the said church and the prebend called [the prebend] of Canda (?) therein, collated to him by authority of the ordinary, and who had himself promoted to the said orders, the pope further dispensing him to receive and retain the said vicarage and treasurership for life. Subsequently, as the recent petition of the said Laurence contained (after the said judges, proceeding to the execution of the pope's said letters, had made provision to him of the said vicarage and treasurership, and after in virtue thereof he had obtained possession thereof), inasmuch as the said Thomas and Eugene did not cease to molest him, and meant to prosecute the said cause, etc., in order to avoid further litigation, and in order that the said Thomas and Eugene should desist from such prosecution, he, as the result of the intervention of certain laymen, shared the fruits, etc., with the said Thomas and Eugene, and still does so, thereby incurring simony and the sentences of excommunication, etc., therefor. The said petition adding that he doubts whether the collation and provision made to him of the said canonry and prebend hold good, the pope (having learned that they are still void, as also the said vicarage and treasurership; and having also been informed by the said Laurence that the said abbot Eugene openly keeps a concubine, and has taken part in divine offices when under sentence of excommunication and publicly proclaimed as such, whereof he was not ignorant, in contempt of the Keys, thereby contracting irregularity), hereby orders the above three to absolve the said Laurence from sentence of excommunication, etc., enjoining a salutary penance, etc., dispense him on account of any irregularity contracted by celebrating masses and other divine offices when under the said sentence, but not in contempt of the Keys, and rehabilitate him, and in the event of their so doing, if he will accuse the said abbot Eugene before them, to summon the latter, and if they find the foregoing to be true, to deprive and remove him from the rule and administration of the said monastery, and, in that event, to summon the said Eugene and Thomas, and collate and assign the said vicarage, canonry and prebend and treasurership (which is a non-major dignity), yearly values not exceeding 4, 1, and 5 marks sterling, respectively, howsoever they be void, to the said Laurence, and to grant to him the said monastery, yearly value not exceeding 6 marks sterling, in commendam for life. The pope further specially dispenses him, notwithstanding the said defect, etc. Apostolice sedis indefessa clementia. [5¼ pp. In the margin at the end: ‘Maij.’]
1490/1.
4 Id. March.)
(12 March.)
St. Peter's, Rome.)
(f. 156r.)
To the precentor of the church of Emly (Ymolacen.). Mandate, as below. Paul II, having been informed by Brendan Fismoris, abbot of the monastery of SS. Peter and Paul [de] Raythuayt, O.S.A., in the diocese of Ardfert, then a clerk, of the same diocese, that Edmund (Edemondus) Firmoris (recte Fismoris) the first (primus), late abbot of the said monastery, had alienated the immovable goods of the said monastery, [and] had openly kept a concubine, (fn. 4) ordered a certain judge in those parts, if he found the foregoing to be true, to deprive the said Edmund of the rule and administration, and remove him, and, in the event of his so doing, to make provision to the said Brendan [Cal. Papal Lett., XII, p. 648]. The recent petition of the latter to the present pope contained that the said judge deprived and removed the said Edmund, and made provision of the said monastery to the said Brendan, as being void by the said deprivation, and that, inasmuch as during a suit or cause between John, then bishop of Ardfert, and Philip, who behaved as bishop thereof, about the said church, the said Brendan had adhered to the latter, the said John, without lawful cause, deprived him of the rule and administration of the said monastery, and although by his said deprivation he had not been otherwise removed from the said monastery, and although he had ruled it for several years before the sentence of his said deprivation, (fn. 5) nevertheless the said pope Paul, having learned that the said monastery was then void, and had been so long void that its provision had by the Lateran statutes lapsed to the apostolic see, ordered a second judge to grant the said monastery, howsoever void, in commendam for life to Edmund (Edemundo) Fismoris, dean of Ardfert, which second judge promulgated an unjust sentence, and made the said commenda; and that, the said sentence having been thus delivered, the said Brendan and dean Edmund, wishing to spare the labour and expense of the suit which was going on between them, (fn. 6) chose certain laymen as arbitrators, (fn. 7) and that after the said Brendan and dean Edmund had for certain days equally divided the fruits, etc., of the said monastery under pretext of the agreement which had been made, and after the said dean Edmund had died extra R.c., John Fismoris, a canon of the monastery of Athassel (Asola), of the said Order, in the diocese of Cashel (Caselen.), got provision made to him by the then archbishop of Cashel (Caselen.) of the said monastery of SS. Peter and Paul, as being void by the death of the said dean Edmund, whereas in truth it was not void, [and the said Brendan] obtained from the same pope Paul certain other letters in the form of ‘Communis justitia’ to a certain judge in [those] parts, in the matter of the said composition, which third judge in virtue thereof, rightfully proceeding, declared by his sentence that the said Brendan had not incurred any simony by reason of the said composition, and that the said monastery belonged to him; that, the said sentence of the said third judge having been delivered, the said John obtained from Sixtus IV other letters to another judge, likewise in the form of ‘Communis justitie,’ in which it was alleged, but untruly, that he was being molested by the said Brendan in regard to the said monastery of SS. Peter and Paul; that the said last judge, wrongfully proceeding in such later cause committed to him, promulgated an unjust definitive sentence in favour of the said John Fismoris, and against the said Brendan, after the delivery of which said last sentence, the said Brendan and John Fismoris, wishing to avoid the intricacies of litigation and spare labour and expense, at the intervention of some of their friends, chose in the matter of the said last sentence certain clerks as arbitrators, who declared that the said monastery belonged to the said Brendan, and assigned to the said John a certain parcel of its fruits for a certain time now about to end. Seeing however, as the said petition added, that it is alleged by many that the said monastery became and is void otherwise than by the said deprivation, in virtue of which provision had been made to the said Brendan, and also because he [has detained? ] the rule and administration of the same monastery, whose first incumbent openly kept a concubine, he fears that he has incurred some suspension or disability, the pope has been petitioned on his behalf to relax any suspension incurred by him by reason of the foregoing, and to abolish any irregularity contracted by him, etc. (fn. 8) The pope, therefore, hereby orders the above precentor, by himself or by another or others, to absolve the said Brendan from any suspension which he may have incurred, and to relax it, enjoining a salutary penance, etc., abolish any disability which he may have contracted, and decree that the said letters of his provision to the said monastery, and the appointment of him as abbot made in virtue thereof, and the administration committed to him of its spirituals and temporals, (fn. 9) and also the processes had by the same letters, and all their consequences, shall hold good in all respects from the date of these presents, even if the said monastery, the yearly value of which does not exceed 40 marks sterling, be void by the deprivation of the said first Edmund Fismoris, etc., and even if its provision belong specially or generally to the pope and the apostolic see, etc. Suscepti cura regiminis. [4½ pp. In the margin at the end: ‘Mar(tii).’]
1490.
3 Non. Oct.
(5 Oct.)
St. Peter's, Rome.
(f. 163v.)
To James du Breuquet, a canon of Cambrai, and the officials of Dunkeld (Drunkalden. [sic]) and St. Andrews. Mandate to collate and assign to William Lindesay, clerk, of the diocese of Dunkeld, the precentorship of Dunkeld, a non-major dignity, yearly value not exceeding 30l. sterling, void by death of Patrick Zong (recte Zong) (fn. 10) extra R.c. Vite ac morum. [3 pp. In the margin at the end: ‘Apri(lis).’]
4 Non. Nov.
(2 Nov.)
St. Peter's, Rome.
(f. 280r.)
To John Antonius, bishop of Alessandria (Alexandrino.), residing in the Roman court. Mandate, as below. The recent petition of Thomas BalZbe, clerk, of the diocese of St. Andrews, M.A., contained that on the voidance of the rectory of the parish church of Culter in the diocese of Glasgow (which is alleged to be of the alternate patronage of laymen (fn. 11) ), by the death of James Strachanchin (? recte Strathanchin), clerk, extra R.c. (who, in the course of litigation about the said rectory, provision of which had been canonically made to him, won before certain auditors of causes of the apostolic palace three definitive adjudicatory sentences against the late William Halkarston, clerk, an intruder in the said rectory, but died extra R.c. without having had possession), Robert UeuZberis (?), (fn. 12) baron of the barony of Culter, alleging himself to be in possession of a moiety of the right of presenting, and that it was his turn to do so, presented the said Thomas within the lawful time to the then bishop of Glasgow or his vicar-general in spirituals; that, seeing that the said bishop or his vicar for a reason unknown refused to institute him, and seeing that the said William (alleging that he had been presented to the said rectory, void as above, by a certain other layman, who behaved as patron, to the same ordinary or vicar, and had been instituted, and under pretext thereof had obtained possession), was hindering the said Thomas from being instituted, an appeal was made to the apostolic see on the latter's behalf from the said refusal, intrusion, and molestation; and that the present pope committed the cause of the appeal to the above bishop, who was also then holding by the pope's order [the place] of one of the auditors of causes of the apostolic palace, and is said to have proceeded, short of a conclusion. Seeing that, as the pope has learned, the said William has died extra R.c., whilst the said cause has been pending before the said bishop, the pope, wishing to provide that a new adversary may not be surrogated in the said cause, and wishing to make a special grace to the said Thomas, who alleges that he is of noble birth, and specially and expressly annulling (derogantes) for this turn only the said right of patronage, hereby orders the above bishop to surrogate the said Thomas in and to all the right in the said rectory which the said William had at the time of his death, and made collation and provision to him of such right, etc., and, moreover, to collate and assign to him the rectory itself, yearly value not exceeding 20l. sterling, whether it be void as above, or by the death of the said William, or be void in any other way, etc. Nobilitas generis, litterarum scientia, vite etc. [3 pp. In the margin at the end: ‘Apri(lis).’]

Footnotes

1 On the back of the volume: ‘Inn. viii. Bullar. Ann. vii. Lib. lvii.’ On the front cover of the original sheepskin binding, preserved at the beginning of the volume, is the contemporary ‘R(ecipe) Siluia (?) (or Siline) fo.’ (folio number illegible), ‘R(ecipe) Philippe,’ and other unimportant notes, and on the back of it is the usual later ‘Innoc. 8. Lib. 57.’ There are 1–348 ff. (recte 1–328) of text (all foliated in arabic numerals), and no ‘rubricelle.’
2 dilectis filiis uniuersis confratribus confratrie clericorum et laicorum utriusque sexus prioratus Anglie hospitalis sancti Johannis Jerusolimitani.
3 prioris prioratus Anglie dicti hospitalis, capitanei custodie Zizimi sultani germani fratris Turcorum tiranni. The paper is thin at this point, with the result that the ink has gone through from the front to the back, and vice versa. The writing is consequently blurred, and hard to read, especially when a line on one side of the page has a line on the other side immediately behind it.
4 bona stabilia ipsius monasterii alienare concubinam[que] publice retinerenon expauerat, as again in Reg. Vat. DCCLXII, f. 66v., below, pp. 291–295; but cf. Cal. Papal Lett., XII, p. 648.
5 et licet per priuationem de eo factam huiusmodi a dicto monasterio amotus aliter non fuisset, et [per] plures annos ante sententiam priuationis sue predicte prefuisset.
6 volentes parcere laboribus et expensis super huiusmodi causa sic inter eos vertente.
7 compositores.
8 dicto Edemundo decano per eum quoad viueret tenendum regendum et gubernandum commendauit, quodque sententia huiusmodi sic lata ipsi Brandanus et Edemundus decanus prefati, volentes parcere laboribus et expensis super huiusmodi causa sic inter eos vertente, certos laicos elegerunt compositores, qui compositores postquam Brandanus et Edemundus decanus predicti spiritualium et temporalium eiusdem monasterii emolumenta pro medietate usufructuarios composuerunt, ac dicti Brandanus et Edemundus decanus compositionis huiusmodi pretextu pro medietate per certos dies spiritualium et temporalium dicti monasterii prouentus communiter perceperant, et dictus Edemundus decanus extra Romanam curiam diem suum clauserat extremum, dilectus filius Johannes Fismoris canonicus monasterii de Asola [sic] dicti ordinis Caselensis diocesis per tunc archiepiscopum Caselensem de persona sua eidem monasterio apostolorum Petri et Pauli, ut vacanti per obitum dicti Edemundi decani, cum in rei veritate non vacaret, prouideri obtinuerat, certas alias litteras ab eodem Paulo predecessore in forma communis justitie ad certum judicem in partibus super jam facta compositione predicta obtinuerat, qui certius [i.e. tertius] judex, litterarum huiusmodi vigore rite procedens, dictum Brandanum ratione facte compositionis predicte labem aliquam simonie non incurrisse, at dictum monasterium ad eum pertinere per suam sententiam declarauit, qua sententia per eundem tertium judicem sic lata prefatus Johannes Fismoris alias litteras a pie memorie Sixto pape iiii etiam predecessore nostro similiter in forma communis justitie ad certum alium judicem obtinuit [sic], in quibus per eundem Brandanum minus tamen veraciter super dicto monasterio apostolum Petri et Pauli molestari asserebatur obtinuit [sic], ultimusque judex predictus in huiusmodi posteriori causa ei commissa perperam procedens pro dicto Johanne Fismoris et contra dictum Brandanum sententiam promulgauit iniquam, qua ultima sententia lata Brandanus et Johannes Fismoris prefati, volentes anfractus judiciorum euitare et laboribus et expensis parcere, inter eos super huiusmodi ultima sententia, interuentu nonnullorum amicorum, certos clericos [cf. Reg. Vat. DCCLXII, f. 66v.] arbitros elegerunt, qui arbitri dictum monasterium ad ipsum Brandanum spectare declararunt, et certam particulam fructuum eiusdem monasterii ad certum tempus [cuius finis] jam instare dinoscitur dicto Johanni assignarunt. Cum autem, sicut eadem petitio subiungebat, a nonnullis asseritur dictum monasterium apostolorum Petri et Pauli alias quam per priuationem predictam, cuius vigore de persona dicti Brandani provisum fuerat, vacauisse et vacare, et pro eo quod ipse Brandanus regimen et admi(nistratione)m [or regimini et admi(nistratio)ni] eiusdem monasterii, cuius finis (recte primus) incumbens concubinam publicam [recte publice; cf. note 277 above] retinuit, dubitet aliquam suspensionem seu inhabilitationem incurrisse, pro parte sua nobis fuit humiliter supplicatum ut si propterea suspensionem aliquam incurrit illam relaxare, omnemque etiam inhabilitatis et infamie maculam per eum etiam premissorum occasione contractam penitus obolere, aliasque sibi in premissis oportune prouidere de benignitate apostolica dignaremur. Nos… [The text appears to be defective in places.]
9 litteras vero prouisionis de persona dicti Brandani eidem monasterio apostolorum Petri et Pauli, et illarum vigore factam prefectionem [in] abbatem et eiusdem monasterii spiritualium et temporalium sibi commissam administrationem predictas.
10 MS. an ordinary majuscule Z.
11 que ut a nonnullis asseritur de jure patronatus laicorum alternatis vicibus existit.
12 Very ill written.