Lately, on the voidance of the archdeaconry of LOTHIAN in the Church of St. Andrews, by the death outwith the Curia of the late Richard Cornel, chaplain of the Apostolic See, the Pope granted provision, or provided William Croiser, archdeacon of Teviotdale in the church of Glasgow, to the same. But, before the letters thereanent have been made out, the said William resigned, and now resigns, in the hands of the Pope all right in or to the said archdeaconry; therefore EDWARD DE LAWEDRE, deacon, St. Andrews diocese, M.A.,supplicates that the Pope, admitting the resignation, would provide him to the said archdeaconry which is a dignity with cure (£120 of old sterling), whether void by the death of Richard or by the resignation of William, or in whatsoever way, and to which a canonry and prebend of Glasgow [sic] are canonically annexed; notwithstanding the parish church in Suthak, Glasgow diocese, which he holds (£20 of old sterling), and defect of birth, for which he has been dispensed, as the son of an unmarried man and an unmarried woman; and notwithstanding the parish church of Gogar, and a dispensation to hold two incompatibles. Also that the Pope would dispense him to hold the said archdeaconry together with the said parish church in Suthak at the pleasure of the Apostolic See, and to resign them as often as he pleases, simply or for exchange.
Fiat ut petitur et dispensamus ad duo incompatibilia ad beneplacitum Sedis Apostolic. (We dispense to him to hold two incompatibles at the pleasure of the Apostolic See).
Nova provisio
Item: recently on the voidance of a canonry and prebend and the archdeaconry of TEVIOTDALE in the Church of Glasgow by the death, outwith the Curia, of the late James Walteri, chaplain of the Apostolic See, the foresaid William Croiser obtained possession of the same by virtue of certain apostolic letters of collation. But the foresaid Edward, who obtained collation by ordinary authority and asserts that he had provision, resigned and now resigns in the hand of the Pope all right in or to the same and possession, if any. Lest therefore the foresaid William should be molested in future, he supplicates that the Pope, admitting Edward's resignation, would provide him to the said canonry and prebend and archdeaconry which is a dignity with cure (fruits of which ( quorum), £80 of old sterling), whether void by the death of James or the resignation of Edward, or in whatsoever way, notwithstanding, the commend of the parish church of Kirkgonzan, a canonry and prebend of Dunkeld, and grant of provision to a canonry and prebend of Ross, and to the perpetual vicarage of Ennerlithien (all fruits, £60 of old sterling).
Fiat ut petitur. O.
Item: since the foresaid Edward resigned and now resigns in Curia the parish church of GOGAR, St Andrews diocese, which he holds (£10 of old sterling), the said WILLIAM CROISER supplicates, as above, that the Pope would provide him to the same, and dispense him to hold it, and whatsoever other incompatible ecclesiastical benefice, together with the above archdeaconry of Teviotdale for four years, without prejudice to the commend of Kirkgonzan, with power of exchange of the church of Gogar and the other incompatible, and that in the meantime and after the lapse of four years the tenor and effect of the above dispensation and commend may not be affected
Ingeram Lyndesay, clerk, Glasgow diocese, B. Dec., who is a kinsman of Alexander Lyndesay Earl of Crawfurde, that the Pope would provide him to the canonry and prebend of Castiltarris in the Church of Glasgow, void by the death, outwith the Roman Court, of the late Richard de Cornelio, archdeacon of Lothian and canon of Glasgow, who was chaplain of honour of Peter de Luna (Benedict XIII) before his deposition, wherefore all his benefices are reserved to the Pope (the fruits of the said canonry and prebend, holding them for the time and not being resident in the church of Glasgow, not exceeding £10 of old sterling); and that the Pope would remove (amoti exinde) a certain John Forestarii, priest St Andrews diocese, - who had intruded himself by ordinary authority, even before the death of the foresaid Richard, and has presumed to occupy them unlawfully until now, - or any other unlawful detainer: notwithstanding the rectory of the parish church of Rathow, St. Andrews diocese (£50 of old sterling), which he holds, and defect of birth as the son of an unmarried baron and an unmarried woman, for which he has dispensation.
Since Peter de Luna, then called Benedict XIII in his obedience, before his deprivation by the council of Constance, granted mandate of provision of the parish church of Rathow, St. Andrews diocese, to a certain Alexander de Laweder, archdeacon of Dunkeld, who speedily (quam cito) obtained peaceable possession of the same, by virtue of these letters he is bound to resign the canonry and prebend of Edilliston, which he was then holding in the Church of Glasgow and which Pope Benedict decreed to be void. Nevertheless Alexander refused to resign them, and in defiance of the decree detained them in de facto occupation, together with the said parish church. But when these things are shown to the said Peter, a little after the sentence of deposition brought against him in the Council, he gave mandate to certain judges in partibus to deprive Alexander of the said parish church if they found the foregoing to be true, and to collate, assign and provide Ingeram Lyndesay, clerk, Glasgow diocese, of knightly race. The sub-executor of the said letters and processes, finding the same to be true, accordingly deprived Alexander and collated and provided Ingeram to the foresaid parish church, by virtue of which collation and provision he obtained possession and held and possessed it thereafter, as he does at present de facto; but the said Alexander strives to take up the fruits and unlawfully to disturb Ingeram in the collecting of them. But because the mandate of deprivation proceeded after the sentence of deposition of the said Peter but while obedience was still given to him in the kingdom of Scotland, the validity of the foregoing is doubted, - therefore Alexander Lyndesay, Earl of Crawfurde, nephew of the King of Scots, supplicates that the Pope would ratify the above deprivation, provision and all consequences whatsoever, and would provide anew the said Ingeram, his kinsman who is B.Dec. to the said parish church (£40 of old sterling), void by the above deprivation, or by the free resignation of the said Alexander or in whatsoever way, abolish all stain of inhability, etc., which the said Ingeram may have incurred by reason of the foregoing, and habilitating him as far as need be for the obtaining of the said parish church and whatsoever other ecclesiastical benefices that may be canonically collated to him: notwithstanding that he holds the vicarage of the parish church of Monkton, Glasgow diocese, which he is ready to dimit, and notwithstanding defect of birth which he suffers as the son of an unmarried baron and an unmarried woman, for which he has dispensation, as may be expressed in Chancery.
John Patrich, priest, canon prebendary of the Church of Orkney in the realm of Norway, in his second year of hearing canon law, that the Pope would provide him to the perpetual vicarage of Monkton, with cure, Glasgow diocese (20 marks of old sterling), void or to be void by the assecution of the rectory or parish church of Rothow, St. Andrews diocese, by Master Ingeram Lindesay, last possessor of the said rectory: notwithstanding defect of birth as the son of an unmarried man and an unmarried woman, for which he was formerly dispensed by apostolic authority; and not withstanding the abovesaid canonry and prebend of Orkney (7 marks of old sterling).
William Ramesay, about the perpetual vicarage of the parish church of MONKTON, Glasgow diocese, - that inadvertently it was omitted to express in his petition that Ingerham Lyndesay obtained possession of the parish church of Rathow on the deprivation of Alexander de Lawerder, of which mention was made, and afterwards had a mandate of new provision. Lest his grace be deemed surreptitious, William supplicates that the apostolic letters may be expedited with expression of the above.
Lately on the voidance of the perpetual vicarage of the parish church of ENNERLITHAN, Glasgow diocese, by the death outwith the Roman Court of the late James Walteri, asserted by some to be a chaplain of the Apostolic See, WILLIAM CROYSSER, M.A., canon of Dunkeld, was provided to the same by letters of the Pope. But because he doubts the validity of his provision, he supplicates that the Pope would ratify the same with whatsoever consequence and provide him anew to the foresaid vicarage (40 marks of old sterling), whether void as above or in whatsoever way: notwithstanding the archdeaconry of Teviotdale, and the canonries and prebends of Glasgow, Dunkeld and Ross, and the parish churches of Goghar, and Kirkgonzan (which he holds in commend), St Andrews and Glasgow diocese (total fruits £100 sterling).
WILLIAM BISHOP OF ORKNEY, ambassador of Scotland and procurator of Robert Duke of Albany, Governor of Scotland, in the Roman Court, that the Pope would dispense him to hold the parish church of GOGAR (18 marks of old sterling), St. Andrews diocese, void first by free resignation made into the hands of the Patriarch of Constantinople by Edward de Lawadris on his promotion to the archdeaconry of Lothian, whereupon it was provided to William Croysar, who, without having obtained corporal possession, resigned it in the hands of the Cardinal of St. George ad velum aureum; to be held in commendam by the said William Bishop of Orkney, together with the parish church of ESSY (£22 sterling). St. Andrews diocese, which he held and possessed before his promotion to the Church of Orkney by Benedict XIII, and which he still holds. And Pope Martin dispensed William, and confirmed the dispensation anew, to hold the said church of Essy and other benefices which he then held, until he should obtain full and peaceable possession of the Church and fruits of Orkney or of another cathedral church, and for a full year thereafter. He supplicates that he may hold the churches of Essy and Gogar until he is promoted or translated to some cathedral church in Scotland, especially because his Church of Orkney is poor and a cause of litigation through another provision made by Pope Martin, and he does not lift the fruits, and considering that he (for the pleasure of the Pope, and in order to make a concord between parties about benefices for which the three Estates of Scotland had written to his Holiness) dimitted his prebend of Ryny in the church of Moray for the said church of Gogar.
Fiat ut petitur dispensamus ad annum post pacificam possessionem ecclesie Orcadensis vel alterius ecclesie cathedralis. O.
Florence, 8ld. Sept., anno 2.
Formerly, before his deposition, Peter de Luna (Benedict XIII) gave mandate of provision of the parish church of Rathow, St. Andrews diocese, brother german of the Bishop of Glasgow, Lic. Dec. of Paris and archdeacon of Dunkeld, who obtained peaceable possession of the same. He also dispensed Alexander to hold for life two incompatible ecclesiastical benefices, even if major elective dignities with cure, with power of exchange as often as he pleased. But in the letters upon his provision and dispensation Alexander is alleged to be of knightly race, whereas, although he is a kinsman of sundry knights in the second and third degrees, yet neither his grand father nor his great grandfather was a knight. In his provision it was also negligently omitted to mention the value of the said archdeaconry, which he then possessed. He therefore doubts the validity of the aforesaid provision and dispensation, and supplicates that the Pope would ratify and confirm the same, and, so far as need be, provide him anew to the said archdeaconry (even if a canonry and prebend are annexed) and to the above parish church of Rathow (total fruits, £80 of old sterling): and would also, so far as need be, dispense him anew.
Although ALEXANDER DE LAWEDRE archdeacon of Dunkeld, according to the will and decreet of Peter de Luna (Benedict XIII) in the letters by which he provided him to the parish church of Rathow, St. Andrews diocese was bound upon obtaining peaceable possession of the said church to dimit the canonry and prebend of Edilsten in the Church of Glasgow, and, although it was contained in the said provision that he had freely offered to do so, nevertheless - believing that this dimission had not been the intention of the said Peter de Luna, because if he dimitted the above canonry and prebend and perpetual vicarage of Old Roxburgh, Glasgow diocese, which he then held, he would obtain little or no grace, especially since at that time he had been unanimously ( concorditer)elected to the deanery of Glasgow - he held and possessed the said canonry and prebend and parish church of Rathow for a year and more, taking up the fruits in good faith and with the intention of better ascertaining the mind of the said Peter upon the dimission of the canonry and prebend. When he was afterwards certified of his will and decreet, some years ago, he utterly dimitted them to the person to whom the said Peter had ordered (eosdem canonicatum et prebendam illi cui dictus Petrus ordinaverat . . . dimisit). Subsequently, after the deposition of Peter by the Council of Constance, on the representation of the above to him by Ingeram Lyndesay, alleged clerk, Peter gave mandate to certain alleged judges in partibus that, if on citing Alexander and others who ought to be called, they found the narrative of Ingeram to be true, they should deprive and remove Alexander and collate and assign the said parish church with all its rights and pertinents to Ingeram. These judges, as it is asserted, proceeding as instructed,passed sentence of deprivation on Alexander (although absent at the time in Paris for his studies) and provided Ingeram. Subsequently, in a suit pending in the Apostolic Palace about the above church between Alexander and Ingeram, and appeal being made for the latter, the cause was committed to a certain Auditor in the Roman Curia, who is said to have proceeded to some acts but short of conclusion. Since it is asserted by some that on account of the occupation and detention of the above canonry and prebend with the parish church, the provision and assecution made in favour of the often mentioned Alexander and all the consequences lack validity, he therefore supplicates that the Pope would provide him to the same (£40 of old sterling), whether void by the occupation of the canonry and prebend, etc. against the decreet of Benedict, or void in whatsoever way, abolishing all inhability on account of the foregoing, and, if and as far as need be, habilitating him anew : notwithstanding the canonry and prebend and deanery of Glasgow, and the canonry and prebend of Barlanark (total fruits £150 of old sterling).
- INGERAM LYNDESAY - that the Pope formerly mad him a grace Si neutri about the parish church of Rathow, St. Andrews diocese, as is contained in his supplication. But according to the rules of Chancery this grace is rendered null because the apostolic letters thereanent were not expedited within six months from the date of the grace. He therefore supplicates that the Pope would give mandate to expedite the letters from the date of the grace.
Dispensations are narrated in some letters of the Pope, wherein it is said that EDWARD DE LAWEDRE, priest, St. Andrews diocese, of Paris and bachelor of theology, was dispensed that notwithstanding defect of birth as the son of an unmarried man and an unmarried woman he might be promoted to all orders and hold a benefice with cure, and then that he might hold two other compatibles, and, thirdly, that he might hold whatsoever ecclesiastical benefices. But the aforesaid Edward fears that the original letters of these dispensations are lost, and the registers of the former Benedict, by whose authority he was thus dispensed, are not to be had in the present Curia. He fears that the said dispensations are invalid because they were expedited by the Penitentiary of Benedict, and he doubts other causes of surreption; therefore he supplicates that the Pope would dispense him anew for the said defect of birth, according to the foregoing, ratifying all the consequences, as if he could sufficiently prove legitimate dispensations (perinde ac si de legittimis dispensationibus sufficentre constaret): notwithstanding the archdeaconry of Lothian in the Church of St. Andrews, a dignity with cure to which a canonry and prebend are annexed, about which he is litigating in the second instance: also the provostship to be erected in the church of St. Giles of Edinburgh, which will be a dignity with cure and principal therein; also the perpetual vicarage of Caral, St. Andrews diocese, about which he obtained the signature of a supplication (total fruits £200 of old sterling).
Fiat et petitur. O.
Concessio:
Item: the aforesaid EDWARD formerly held and possessed the parish churches of Gogar and Suthak, of lay patronage, and the perpetual vicarage of Old Roxburgh (de Veteri Roxburgh), St. Andrews and Glasgow diocese, by a dispensation granted by the former Benedict before his deposition, and when the kingdom of Scotland was in his obedience. But he fears that he cannot legitimately prove the original dispensation, and the registers of Benedict are not to be had in the present Curia; and he also fears that the dispensation was insufficient or surreptitious. Moreover it is said that his procurators in his name (he himself dwelling at a distance) held and possessed de facto the said churches, or others, for some months before the grant of the said dispensation and also after the lapse of the time within which he ought to have dimitted one of them, and took up the fruits. He doubts that by reason of the foregoing he may be molested in future and supplicates that, seeing he has now simply dimitted the aforesaid parish churches and vicarage, the Pope would absolve him from all irregularity and dishability contracted by reason of the above, would ratify all his apostolic graces, habilitate him and restore him to his pristine state, and remit the fruits unlawfully taken up.
Fiat ut petitur. O.
Rome, St. Peter's, Prid. Non. March, anno 5.
In a suit pending in the Roman Court between ALEXANDER DE LAWEDRE, priest, St. Andrews diocese, Lic. Dec. of Paris, rector of the parish church at Rathow, said diocese, plaintiff, and Ingeram Lindesay, alleged priest, Glasgow diocese, defendant, about the said parish church, it was proceeded to three conform sentences (ad tres sententias conformes) in favour of Alexander, and then Ingeram withdrew from the suit and freely renounced his right. May the Pope therefore give mandate to the said Auditor to surrogate Alexander in and to all the right, if any, competent to Ingeram in the said church at the time of his cession, and provide him anew to the same (£60 of old sterling), void in whatsoever way: notwithstanding a canonry and prebend and the archdeaconry of Dunkeld, which is a dignity with cure, and the canonry and prebend of Barlanark, in the Church of Glasgow, to which he has a mandate of provision in a certain event (total fruits, £100 of old sterling).
Si neutri
In a suit pending in the Apostolic Palace before a certain Auditor between EDWARD DE LAWEDRE, priest, St. Andrews diocese, MA of Paris and bachelor in theology, plaintiff, and Columba de Dunbar, alleged priest, said diocese, defender, about the archdeaconry of LOTHIAN in the Church of St. Andrews, void by the death outwith the Roman Court of the late Richard Cornel, and to which Edward obtained provision by apostolic authority, it was proceeded to a certain alleged definitive sentence in favour of Columba against Edward. The cause of the appeal from this was committed to dom. Geminianus de Prato, who proceeded to some acts but short of conclusions. But by some it is asserted that neither of the above litigants has right in or to the said archdeaconry, therefore Edward supplicates that the Pope would give mandate to the said Auditor, or to another by surrogation, that, if he find by the event of the suit that neither of the said litigants has right, he collate and provide Edward anew to the said archdeaconry (£120 of old sterling), void in whatsoever way: and, if Columba should withdraw his right to the same by resignation or by obtaining another benefice,(the text here is involved and imperfect, and there are errors and omissions throughout) that he surrogate Edward in the right of Columba: not withstanding the provostship to be erected in the church of St. Giles of Edinburgh, and the signature of a supplication about the perpetual vicarage of Caral, St. Andrews (total fruits, £120 of old sterling), and dispensation for defect of birth.
Formerly, in a suit pending in the Sacred Apostolic Palace of Causes before certain Auditors successively between ALEXANDER DE LAWEDRE, defendant, on the one side, and Ingeram Lindessay, alleged priest, Glasgow diocese, plaintiff, on the other, anent the parish church of RATHOW, St. Andrews diocese, the said Ingeram(three definitive sentences conformibus absolutoriis having been brought in favour of Alexander and against him) resigned all claim in and to the said parish church in presence of one Auditor before a notary and witnesses. Wherefore, for the part of Alexander, who is a priest, St. Andrews diocese, Lic. In Canon Law of Paris, it is supplicated that, lest a new adversary arise to carry on the suit, the Pope would give mandate to one of the Auditors to surrogate Alexander in all and to all the right competent to Ingeram at the time of his resignation, to collate that right to him and admit him to the prosecution and defence of the cause in the state in which Ingeram would be if he had not made resignation, and to collate, assign and provide Alexander by apostolic authority to the said parish church (£40 of old sterling), void as above or howsoever: notwithstanding a canonry and prebend and the archdeaconry of Dunkeld, a dignity with cure (£40 old sterling).