Part III - CISTERCIAN PRIVILEGES
As stated in the Introduction, the third part of the Ledger-Book contains
a collection of thirty-one papal bulls granting exemptions and other
privileges to the Cistercian order. They are not printed here
because they have no special reference to Vale Royal. Similar
collections are found in other Cistercian chartularies, as, for example,
those of Furness (printed) and Fountains (in the Bodleian Library
at Oxford). Among these bulls is found the following example of
an attempt to evade them.
Fo. 85. [The Case of a Monk of Whalley.]
One Master [fo. 53d (290d)] Adam Maynel, official of the archdeacon of Chester, had caused a certain monk of Whalley, Brother
Arnold of Emeseye, to be summoned before him, for an offence
committed (as the said official asserted) outside the exempt
jurisdiction. And when the monk did not appear, the aforenamed
official publicly excommunicated him in the churches. But the
said monk appealed to the abbot of Westminster, the protector
(conservator) of the order, and the abbot [of Whalley] obtained
letters from the said abbot of Westminster revoking the said
sentence of excommunication, in form as follows:—
The abbot of the monastery of Westminster of the order
of St. Benedict in the diocese of London, subject to the holy
apostolic see and to the court of Rome, preserver of the rights
and liberties granted to the religious men the abbots, convents
and brethren of the Cistercian order by the apostolic see, deputed
by authority of that same see, to the religious men the abbots of
Chester and Vale Royal, in the diocese of Coventry and Lichfield, greeting and strait command of apostolic obedience. We
have lately received a serious complaint from the religious
men the abbot and convent of Whalleye, of the same order,
stating that, although among the other privileges granted to
the aforesaid religious of the order aforesaid by the apostolic see,
as is abovesaid, they received a privilege and indulgence
that no ordinary whosoever (the Supreme Pontiff or his
specially deputed legate only excepted) should have power
to summon them to their synods, or to excommunicate
them or any of them, to suspend their convents, or to interdict
their monasteries, oratories or chapels, and that all such
sentences against them, their monasteries, oratories and chapels,
should be null and void, for whatever offence they might
be pronounced, saving only in matters of faith, as in their
privileges more fully is contained; and the said religious have
used these privileges and immunities peacefully and quietly from
time immemorial: nevertheless Master Adam Maynel, official of
the archdeacon of Chester [fo. 54 (291)], for no matter of faith
(for such jurisdiction can by custom in no way pertain to his
ordinary authority) but for a feigned and simulated cause, has now
lately presumed to fulminate sentences of suspension and the
greater excommunication against Brother Arnold de Emeseye,
a monk professed at Whalleye of the abovesaid order, over whom
he had in fact no jurisdiction ordinary or delegate and could not
rightfully have any, and has in fact suspended and excommunicated
him contrary to the form and tenor of their privileges aforesaid,
in contempt of the apostolic see, under whose immediate jurisdiction it is well known the said Arnold is, and to the manifest
prejudice of the aforesaid Arnold. And all and singular the
premises were and are so publicly and notoriously manifest that
by no tergiversation can they be concealed, as appears to us
out of the abundance of faithful testimony furnished to us
on the subject. We therefore, the aforesaid abbot and preserver,
willing, by injunction of the apostolic see, not to pass over the
premises under any pretence, revoke the aforesaid sentences
of suspension and the greater excommunication pronounced in
fact [but] contrary to the tenor of the privileges of the aforesaid
religious men, as is aforesaid, in the person of the said Arnold,
a brother of the order abovesaid, and in accordance with justice
we pronounce them null and void and of no effect. Wherefore
we send to you the authority under which we act in this behalf,
under our seal, for your inspection, to be then sent back to
us forthwith, commanding you, in virtue of the obedience by
which you are bound to the apostolic see and under pain of
the sentence of the greater excommunication, which we now and
henceforward pronounce upon your persons if (as God forbid)
you neglect anything in these writings or are remiss in this
behalf, that you and each of you shall denounce or cause to
be denounced the aforesaid sentences of suspension and the
greater excommunication pronounced against the person of
the aforesaid Brother Arnold, as contrary to the tenor of the
privileges aforesaid although made by ordinary authority, and
thus revoked and declared by us to be null and void, at suitable
places and times at the requisition of the aforesaid Brother
Arnold; and that you or one of you, on due request made
to you in this behalf, shall cite or cause to be cited the said official,
Master Adam (personally, if he can be found, or through his
proctor, if he has one appointed, or by public notice made
before his friends and acquaintances in the places where he is
usually to be found), to appear before us in the convent church
of our monastery aforesaid or before our commissary in that
behalf, on the . . . day next after (die p'xio rarl'd pt) the feast of
St. Gregory the Pope next to come, at the instance of the religious
men aforesaid, to show precisely and peremptorily reasonable
cause (if he have any) why we should not proceed against him
as right demands, for such excessive temerity and presumption on
his part, contrary to the tenor of the privileges of the religious
men aforesaid, as is said above, and further to do and receive what
justice demands. And at the said time and place you shall
certify us or our commissary in this behalf how you or one
of you has executed this our mandate, by the letters patent of
you or one of you reciting the tenor of these presents. Given at
Westminster 9 Kal. February [24 Jan.] 1328–9.
And by virtue of this mandate the abbot of Vale Royal
caused the said sentences to be publicly revoked on three Sundays
in the churches of Weverham, Frodesham and Overe, and
he certified the abbot of Westminster thereof by his letters
patent.
Now the aforesaid official had grounded his action on the decretals of Pope Innocent [IV] (Extra. De Privileg', c° Volentes), (fn. 1)
not recollecting that Pope Alexander, successor to the said
Innocent, had decreed that that decretal "Volentes" should
cause no prejudice to our privileges, and so nothing new was
added by that decretal, but otherwise he approved it; and
approved it a second time, as says the gloss illius causa, Extra.
de Privilegiis, c° Episcoporum. (fn. 2)
Afterwards a love-day was held between the official and
Brother Arnold by the abbots of Dore and Vale Royal.