St. Peter's, Rome.
|To Florence Ogernan, canon of Clonfert and Richard de Burgo, canon of Annaghdown (Henachdunnen). Mandate, as below. The recent petition of William de Burgo, abbot of the monastery of St. Mary de Portupatrum in the diocese of Annaghdown, O.S.A., contained that after Paul II's renewal of all papal sentences of excommunication, etc., against simoniacs, and his reservation of absolution therefrom to himself and his successors, the present pope, having learned that the said monastery was void by the death of abbot Richard de Burgo, ordered a certain judge, if he found the said William, then a secular clerk, to be fit, to make provision to him of the said monastery; and that the said judge made him provision thereof. Subsequently the pope was informed by Edmund, also de Burgo, that the said William had received money for the reception of canons who wished to enter the said monastery, thereby incurring simony and the said sentences, etc., and, making bad worse, (fn. 2) had permitted the canons to have their own property, (fn. 3) wherefore the pope ordered a certain other judge, if the said Edmund would accuse the said William before him, to summon the latter, and if he found the foregoing to be true, to deprive and remove him; that, the said letters having been presented by the said Edmund to the said second judge, the latter sub-delegated the cause, and that after the sub-delegate, rightly proceeding, had promulgated a sentence in favour of the said William, and against the said Edmund, the said second sub-delegating judge, (fn. 4) wrongfully proceeding, promulgated an unjust sentence, contrary to that of the said sub-delegate, in favour of the said Edmund and against the said William; that, although the former appealed from the said sub-delegate's sentence, he did not prosecute further; and that he and the said William, wishing to avoid the expense of further litigation, agreed upon certain lay arbitrators, who adjudged the said monastery to the said William, and condemned him to give the said Edmund a certain portion of the fruits for a certain time not yet elapsed, which award the said William swore to observe, giving sureties, and under pretext of it has yearly given the said portion to the said Edmund, thereby incurring simony and the said sentences, etc. It being alleged that the said monastery became and is void, not as above, but by the deprivation of the said William, the pope, at the said petition of the said William, who alleges that he has been present in arms at certain conflicts, in which divers homicides have been committed, and mutilations and wounds inflicted, although he himself has not committed any homicide nor mutilated or wounded any one, hereby orders the above two canons to summon the said Edmund and others concerned, absolve the said William from simony and the said sentences, etc., enjoining a salutary penance, etc., dispense him on account of any irregularity contracted by him, and rehabilitate him, relax the said oath, absolve and release the said sureties, and decree that the said William is not bound in future to pay the said portion to the said Edmund, and that his said letters of provision, etc., shall hold good from the date of these presents, even if the said monastery, whose yearly value does not exceed 30 marks sterling, be void as above, or by his said deprivation, or be void in any other way, and even if for any reason it be reserved. Apostolice sedis indefessa clementia. [3½ pp. In the margin at the end: ‘Maij.’]