13 Kal. April.
St. Peter's, Rome.
|To the chancellor of Ardfert. Mandate, as below. Paul II, having been informed by Brendan Fytzmorys, abbot of the monastery of SS. Peter and Paul de Raythoygh, O.S.A., in the diocese of Ardfert, then a clerk, of the same diocese, that Edmund (Edimundus), also Fytzmorys, 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. 2) ordered a certain judge to deprive him and make provision to the said Brendan (as more fully above, p. 227). Subsequently (after pope Sixtus IV had learned that the said monastery had become and was void, because John, bishop of Ardfert, had on account of his faults and demerits summoned the said Brendan to his presence, and had by his definitive sentence, which became a res judicata, deprived him by his ordinary authority of the said monastery and its rule and administration, and removed him; and after the same pope Sixtus had ordered certain judges in those parts to grant the said monastery, whether void as above, or void in any other way, to Edmund, also Fytzmorys, the second, then dean of Ardfert, in commendam for life), it was set forth to the present pope that, the letters of the said pope Paul having been presented by the said Brendan to the judge expressed therein, the said judge deprived the said Edmund the first of the rule and administration of the said monastery, and removed him, and made provision to the said Brendan. And the recent petition of John, likewise Fytzmorys, a canon of the monastery of St. Edmund, King and Martyr, Althayssyll [sic], of the said Order, in the diocese of Cashel, to the present pope contained that the said second letters having been presented by the said Edmund the second to one of the said judges, the said second judge, citing the said Brendan, granted the said monastery of the Holy Apostles, (fn. 3) whether void as above, or void in any other way, to the said Edmund the second in commendam for life; and that the said Brendan and Edmund the second, wishing to avoid the intricacies of litigation, (fn. 4) at the intervention of certain of their lay friends, agreed that the fruits of the said monastery should be divided in common between them every year, (fn. 5) as they did as long as the said Edmund the second lived. Afterwards, however, the said Edmund the second having died extra R.c., and the said monastery thus being void in the same way as it was before the said commenda was made to him, the then archbishop of Cashel, both by his ordinary and by his metropolitical authority (the visitation of the diocese of the said bishop of Ardfert then belonging to him) made de facto provision of the said monastery to the said John, who under pretext thereof took possession of the rule and administration of the said monastery and of part of its goods. (fn. 6) And although the same Brendan afterwards obtained certain letters in forma ‘humilibus’ (fn. 7) from the said pope Sixtus (fn. 8) to a certain judge in [those] parts in the matter of the said agreement or composition, and under pretext thereof the same third judge, wrongfully proceeding, (fn. 9) declared by his unjust sentence that the said Brendan had not incurred any simony by reason of the said agreement, and that the said monastery belonged to him; and although he then obtained from the same Sixtus other letters of grace by which it was granted that the said monastery, thus divided, should be reintegrated, and that he could be appointed thereto, as before, and rule and govern it, nevertheless the same John impetrated from the said pope Sixtus other letters in forma ‘communis justitie’ to a certain other judge in regard to the molestations inflicted on him by the same Brendan in regard to the said monastery, which fourth judge, proceeding in the cause of the said molestations committed to him, promulgated a definitive sentence in favour of the said John, and against the said Brendan, after the delivery of which said sentence the said Brendan and John, wishing to avoid the intricacies of litigation, (fn. 10) at the intervention also of certain friends, chose in the matter of the said sentence certain prelates (fn. 11) as arbitrators, who assigned to the said John for a certain time, now elapsed, (fn. 12) a certain parcel of the fruits of the said monastery, in virtue of which he took and levied the said parcel during the said time. And afterwards, upon its being also set forth to the present pope on behalf of the said Brendan that it was alleged by many that the said monastery became and was void otherwise than by the said deprivation, in virtue of which provision had been already made, as above, to the said Brendan, the pope by other letters ordered a certain judge in those parts [viz. the precentor of Emly, as above, p. 279] to decree that the letters of provision of the said Brendan 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, and also the processes had by the same letters, and all their consequences, should hold good from the date of his said posterior letters, as is more fully contained in the letters in forma ‘Humilibus,’ etc., obtained by the said Brendan. (fn. 13) Seeing however that, as the said petition [of John Fytzmorys] added, the said Brendan had made no mention in the said letters obtained by him that he had been on account of his demerits deprived by the said bishop of Ardfert and by his sentence, which had become a res judicata, that he had despoiled the said John of the said monastery, notwithstanding certain orders directed to him by the said archbishop to give up the said monastery, (fn. 14) that on account alike of his disregard of the said orders and of his wrongful and de facto taking and levying of the fruits of the said monastery, he had been excommunicated by the same archbishop, and was publicly proclaimed as such at the time of the obtaining of his said letters, that, being thus excommunicated, he had taken part in divine offices, and that he had taken the said John prisoner and kept him a prisoner for some time, (fn. 15) and also that, inasmuch as he had not paid to the collector of the Camera in those parts, within the time assigned to him by the said collector, the annate to which he had bound himself by reason of the said monastery, he was by a constitution of Pius II eo ipso deprived of the said monastery and had incurred other penalties contained in the said constitution, the pope, considering that if the foregoing things be true the said letters obtained by the said Brendan are surreptitious, etc., and that everything done under pretext thereof and the provision made to the said John are without force; and having learned that the said monastery is still void, and also that the parish church of Kyllidromayarynd and the perpetual vicarage of the parish church of Gaylly [sic], in the diocese of Ardfert, are void, the latter two having been so long void that by the Lateran statutes their collation has lapsed to the apostolic see, although John Ossullyuayn, clerk, and Thady Ownonayll [sic], priest, of the said diocese of Ardfert, have for a certain time detained, and still detain, possession of the said parish [church] of Kyllidromayarynd and vicarage of Galle [sic], respectively, without any title; and that, after the provision made to the said John Fytzmorys of the said monastery, it came to his knowledge that his late grandfather had taken prisoner the late Nicholas, bishop of Ardfert, and had released him unhurt, before the said John Fytzmorys was born; and that inasmuch as during the strife between the said John and Brendan about the said monastery, certain corn of a follower of the latter, which had been hidden in the cemetery of the parish church of Kylleyhtric (?) in the said diocese, was carried off by the said John or by his order; and that when the said Brendan was captured by certain friends of the said John, the latter approved the capture, the pope hereby orders the above chancellor to absolve the said John (who alleges that he is of a race and nation of barons and earls, (fn. 16) and that he has made his profession of the said Order) from the said excesses and from sentence of excommunication and censures, if any, incurred by reason of the foregoing, enjoining a salutary penance, etc., dispense him on account of any irregularity contracted by taking part in divine offices thereafter, not in contempt of the Keys, and rehabilitate him; and, in the event of his so doing, and if, after summoning the said Brendan, John, and Thady, and others concerned, he find the facts to be so, to decree and declare the said letters obtained by the said Brendan to have been surreptitious, and everything done in his favour by virtue thereof to be null and without force; and moreover in that event, and if they find the said John Fytzmorys to be fit, to make provision of him to the said monastery, the yearly value of which does not exceed 40 marks sterling, and appoint him abbot, etc., and grant him the said parish church of Killdromahayaraynd [sic] (fn. 17) and vicarage, value together not exceeding 15 marks, to be held by him in commendam for life with the said monastery, or to be held by him without it; removing the said Brendan, John Osullyauayn [sic], and Thady, and any other unlawful detainers. The pope further grants indult to the said John Fytzmorys to be blessed by any catholic bishop of his choice in communion with the apostolic see; without prejudice to the bishop of Ardfert, to whom the said monastery is by ordinary right subject, etc. Suscepti cura regiminis. [9½ pp. In the margin at the end: ‘Mar(tii).’]