Calendar of Papal Registers Relating To Great Britain and Ireland, Volume 14, 1484-1492. Originally published by Her Majesty's Stationery Office, London, 1960.
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Vatican Regesta, Vol. DCCXXVII. (fn. 1)
Bullarum Liber XXX.
3 Innocent VIII.
Prid. Id. June.
St. Peter's, Rome.
Confirmation, with exemplification, of:—
(i) The undated (fn. 2) letters Honestas et religio vestra of pope Alexander [III], (fn. 3) in the form of a privilege, addressed to Herlowynus, prior of the church of Holy Trinity [alias Christchurch], Canterbury, and his brethren, present and future, by which the said pope, at their petition, takes the said church under the protection of St. Peter and of himself, and ordains that its possessions, present and future, shall remain undiminished to the said prior and brethren, and to their successors. He confirms, moreover, to them, and by them to their sacristship, its manors and possessions, mentioning them by name (see footnote), all which possessions, with their oblations, and other profits accustomed and due, shall be applied to the uses of the sacristship, in such wise, however, that the revenues shall be in the keeping of those who shall be appointed treasurers by the prior and convent, which treasurers shall deal with or expend none of the said revenues without the order of the prior and convent, or of the greater and sounder part thereof, in accordance with the rule of St. Benedict and the custom of their church. The pope further ordains that on the voidance of their censuales ecclesie they may elect the chaplains and present them to the archbishop, which chaplains shall be answerable to him as regards spirituals, and to the prior and convent as regards temporals, according to ancient custom. Moreover, on the voidance of any of their churches, none shall presume to take possession until the prior and convent have made provision of the person to be instituted, and have presented him to the archbishop, unless, which God forbid, they have maliciously delayed to do so. Likewise, none shall presume to impede the liberties and dignities reasonably confirmed to them by privileges of popes or kings or others. On the voidance of their church, the bishops and other persons ecclesiastical and secular of their diocese shall in no wise withdraw from the said church their due obedience, but shall obey the prior and convent in those things which are of God. No person ecclesiastical or secular shall, during voidance of the see, hinder the prior and convent from disposing freely of their goods and possessions, according to God[‘s will]. The pope, therefore, decrees that to no man, etc. (i.e. the usual final clauses). (fn. 4) (ii) The letters Ad perpetuam rei memoriam. Exigit specialis deuotionis affectus of pope Urban [VI], (fn. 5) dated at St. Mary's in Trastevere, 13 Kal. April anno I (20 March 1378/9), by which, at the recent petition of the present archbishop Simon and the prior and chapter of Canterbury (containing that although during the voidance of the said church, by ancient and hitherto peacefully observed custom there belongs to the prior for the time being, who holds a major dignity in the said church, all jurisdiction, [even] metropolitical and provincial and legatine, belonging to the archbishop of Canterbury for the time being, alike over prelates and abbots of the said Order, and also over any others in and of the province of Canterbury; and that although the said prior and chapter are subject solely to the jurisdiction and power of the apostolic see and of the said archbishop for the time being, (fn. 6) the presidents of the chapter-general of the Black monks (fn. 7) in the realm of England, in virtue of certain constitutions made by Benedict XII and of the declarations made thereupon by Innocent VI, endeavour to compel the said prior and chapter, contrary to their liberties and privileges, to go to the said chapter-general, and in other ways [unlawfully] (fn. 8) endeavour to aggrieve them, to their no small prejudice and hurt), the said pope Urban grants that in future the prior (present and for the time being) and chapter shall in no wise be bound to go or send to the said chapter-general, but shall be free from the burden of so doing and from all jurisdiction of the said presidents, notwithstanding the aforesaid and any other papal constitutions and declarations, and the statutes and customs of the said Order; in such wise, however, that the said archbishop, and the archbishop for the time being, shall during the foregoing, cause all things which shall be ordained in the said provincial chapter by the apostolic see to be observed by papal authority by the said prior and chapter of Canterbury. (fn. 9) The pope further grants faculty to the said archbishop to absolve the said prior and chapter from any sentences of excommunication and suspension which may have been delivered against them by reason of the foregoing, and to dispense those of them who have contracted irregularity by celebrating or taking part in divine offices when under such sentences, after first suspending them from the exercise of their orders for such time as he shall think good. Nulli ergo etc. … Datum … anno primo.
(iii) The letters super gregem dominicum of pope Eugenius IV addressed to the bishop of Ross, (fn. 10) and dated at St. Peter's, Rome, in the year of the Incarnation 1432, 3 Kal. July [29 June], anno 2, and ordering the said bishop, at the recent petition of the prior and chapter of the church of Canterbury, O.S.B. (containing that although at every voidance of the said church, by ancient and hitherto peacefully observed custom there belongs to the said prior, who holds a major dignity therein, all jurisdiction, even metropolitical and provincial and legatine, belonging to the archbishop of Canterbury for the time being, alike over abbots and prelates of monasteries of the said Order, and over any others of the province of Canterbury; and that although the said prior and chapter are subject solely to the jurisdiction and power of the aforesaid see and arch bishop, (fn. 11) and have not been wont to go to the chaptergeneral of the Black monks wont to be celebrated in the realm of England, or to send any one for such celebration, nevertheless the presidents of the said chapter-general, perhaps following certain constitutions made by Benedict XII and the declarations made thereupon by Innocent VI, endeavour to compel the said prior and chapter, contrary to their liberties and privileges, to go or send to the said chapter-general, (fn. 12) and (fn. 13) in other ways unlawfully (fn. 14) endeavour to aggrieve them, to their no small prejudice and hurt), if he find that the said prior and chapter have not been wont to go and send to the said chapter-general, as above, etc., by papal authority to grant them that they shall not be bound to do so, even in future, and cannot be compelled thereto by the said presidents or chapter-general or otherwise by any one, and that they shall be free from all jurisdiction of the said presidents. In the event of the said bishop making such grant, the pope decrees that all processes, and all sentences of excommunications [sic], of suspensions [sic], and of interdict, and other ecclesiastical sentences, censures and pains pronounced by any authority against the said prior and chapter by reason of their non-appearance in such chapter-general, shall be without force; notwithstanding the aforesaid constitutions and ordinances, and all other things to the contrary. Datum … anno secundo. (fn. 15)
|At the [recent] petition, therefore, of William Selleyo [sic], (fn. 16) prior of the church of Canterbury, O.S.B. (sent to the pope by Henry, king of England, as his orator in order to make obedience to the pope and the apostolic see) and of the chapter (fn. 17) of the said church, who allege that execution of the aforesaid posterior letters has been proceeded to by the judge appointed therein, as is said to be more fully contained in the relative processes, the pope hereby approves and confirms the said letters and grant and, as far as they concern the said grant, all the contents and consequences of the said posterior letters, and decrees that they shall have perpetual force, and nevertheless, potiori pro cautela, makes a fresh grant of the said letters and concessions in the foregoing manner and form, and, as regards the obedience to be made to the aforesaid prior and chapter during voidance of the said church, extends the aforesaid prior letters to all and singular the persons, both ecclesiastical and secular, of the said province. He therefore orders the abbot of the monastery of Holy Cross de Walchaw [sic] and the prior of the canons regular of St. Nicholas de Ledys, in the dioceses of London [and] Canterbury, and the archdeacon of Canterbury, to cause all the aforesaid to be inviolably observed where and when expedient, and where and when requested by the said prior and chapter, not suffering them to be unlawfully molested by any persons soever, etc. Ad perp. rei memoriam. Licet ea que per Romanos pontifices. [7½ pp. In the margin at the end: ‘Jul (ii).’]|
|5 Kal. Aug.
St. Peter's, Rome.
|To the priors of the monasteries of Kylley and Naas (de Nassa), wont to be governed by priors, in the diocese of Kildare (Daren.) and John Faelan, a canon of Ferns. Mandate, as below. The recent petition of Nicholas Oengasa, a canon of the monastery of All Saints without the walls, Dublin, O.S.A., contained that on the voidance in a certain way of the priorship of the monastery of St. Mary, Conall, wont to be governed by a prior, of the said order, in the diocese of Kildare, the then archbishop of Dublin, the church of Kildare being void, made in accordance with ancient custom (by which during voidance of the church of Kildare the collation and provision of all benefices in the city and diocese of Kildare belongs to the archbishop) de facto collation and provision of the said priorship to the said Nicholas, under pretext of which collation and provision he took possesion of and still detains the said priorship, taking the fruits in good faith. The said collation and provision being therefore without force, (fn. 18) and the pope having learned that the said priorship is still void as above, he hereby rehabilitates the said Nicholas, and remits to him the fruits which he has taken, and orders the above three to collate and assign the said priorship, which is conventual and has cure, and the yearly value of which does not exceed 120 marks sterling, howsoever it be void, to the said Nicholas. Before they proceed to the execution of these presents, he is to resign it to them. Sedis apostolice consueta clementia. [5 pp.]|