Regesta 41: 1281-1284

Pages 463-474

Calendar of Papal Registers Relating To Great Britain and Ireland: Volume 1, 1198-1304. Originally published by Her Majesty's Stationery Office, London, 1893.

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In this section

Regesta, Vol. XLI.

1 Martin IV.

Non. April.
Commission to the bishops of Dunblane and Argyll, on the petition of Hugh de Abirnithin, of the diocese of Dunblane, stating that he had, in ignorance, intermarried with Mary, related to him in the fourth degree of kindred, and had several sons by her, and praying the pope to grant him a dispensation to remain in the same marriage, seeing that a separation would cause much loss of life and many scandals. The above bishops are commissioned to grant the dispensation, legitimating the offspring, if the statements of the petition are found to be true. [Theiner, 125.]
Id. Aug.
(f. 8d.)
Licence to John de Pontissara, archdeacon of Exeter, papal chaplain, to dispose by testament of his personal property, not acquired through the church or used for the service of the altar, for the expenses of his funeral and remuneration of his servants, his just debts being first paid.
12 Kal. Oct.
(f. 10.)
To Edward I. Almaric de Montfort, papal chaplain, as pope Nicholas heard, was conducting his sister Eleanor to her husband, the prince of Wales, and being near the coast was captured, and the king hearing this had her sent to her husband, and the chaplain, by order of pope John, remained in the custody of some prelates of the realm; upon which pope Nicholas sent Master Raymund, dean of Le Puy, to plead with the king for the liberation of Almaric, and his being placed in safety beyond the realm, he taking an oath not to return without express papal licence, and being made subject to penalties if he did; but as pope Nicholas died, the business could not be carried out, and the liberation of Almaric was delayed as the king's letters and Raymund's relation explained. The pope now urges the king to liberate him.
Ibid. Request by way of mandate to the archbishop of Canterbury and his suffragans to do what they can to further the liberation of Almaric.
Mandate to Master Raymund, dean of Le Puy, to induce the king to acquiesce in the pope's request for the liberation of Almaric.
16 Kal. Nov.
(f. 12.)
Indult to the university of masters and scholars of Oxford that they shall not be summoned by papal or legatine letters out of Oxford in the matter of contracts entered into by any of them, without special mention of this indult. The indult is valid for five years.
Id. Oct.
(f. 13.)
To the archbishop of Dublin and Master Arditio, superior of Milan, papal chaplain, collectors of the Holy Land tenth in the realm of England, in answer to their query how they were to proceed in the case of entire or partial refusal to pay the same by prelates and clergy; those who. thus refuse incurring sentences of excommunication according to the council of Lyons. The pope directs them to warn the said prelates and clergy to pay within a fixed time, and on their paying and making satisfaction for the delay to absolve them. If they do not obey this warning they are to be cited to appear before the pope within three months. [Theiner, 125.]
Ibid. Licence to the same to commission fit persons to absolve or dispense those in remote parts who, having incurred sentence as above, cannot conveniently come to the collectors.
Ibid. Notification to the same that the immunity from paying the Holy Land tenth enjoyed by the deputy collectors is all the remuneration they have to look for, there being nothing else given in other countries.
Ibid. Mandate to the same to observe as to the collection of the tenth, the declarations made in regard to those nuns who are so poor that they would have to beg, did their kinsmen not give them alms.
3 Id. Oct.
(f. 13d.)
Mandate to the same to observe the article of declaration according to which the prelates of the realm have chosen the way of paying the tenth; the prelates having chosen it do not keep to it.
2 Id. Oct.
(f. 13d.)
Mandate to the same to leave the money of the Holy Land tenth, which they have already deposited with certain Italian merchants, unless there is danger of its being lost, and to deposit the rest in some safe place or places as they shall see fit.

2 Martin IV.

Id. April.
Appointment of Alan, bishop of Caithness, formerly chaplain of Hugh, cardinal of St. Laurence's in Lucina. The see being void by the death of Archebald, the chapter elected, by way of compromise, dean Richard, and on the election being presented to pope Nicholas, he ordered the bishops of St. Andrews and Aberdeen and the minister provincial of the Friars Minors in Scotland to persuade Richard to renounce whatever right he had, which he did, on which the chapter elected by scrutiny Hervey de Donodei, canon of St. Andrews, who came to the apostolic see and died there; the pope therefore appoints Alan.
Ibid. Concurrent letters to the chapter of Caithness, to the clergy and people of the diocese, to all vassals of the said church and to Alexander III.
Non. April.
(f. 45.)
Mandate to Baiamund de Vitia, canon of Asti, collector of the Holy Land tenth in Scotland, to warn those prelates and clerks who have incurred excommunication by non-payment of the said tenth, to pay it within a given time, making satisfaction for the delay, and on their doing this, to absolve and dispense them as may be necessary: if they disobey the warning, they are to be cited to appear before the pope within three months.
Ibid. To the same, in answer to his letter to James, cardinal of St. Mary's in Cosmedin, asking to be recalled as there was nothing further to be done in the business of the Holy Land tenth. The pope orders him to proceed against those who, by non-payment, have incurred excommunication, and then to return and give a full account of what he has done and collected.
2 Non. April.
(f. 45d.)
Mandate to the same to assign a moiety of the tenth, which the pope has requested Alexander III. to allow to be taken out of Scotland, to Medicus Aliorti, Acolinus Salvi, and Simon Gerardi, members of the firm of Thomas Spiliati and Hugh Spina, of Florence, and to make duplicate public instruments of this assignment, one to be kept and the other to be sent to the pope.
Prid. Kal. May.
(f. 46d.)
To the same, in answer to his letters to J. cardinal of St. Mary's in Cosmedin, ordering him, if the king takes the cross, as the pope has urged him to do by letters sent by two Friars Preachers, Garnerius and Raynerius, of Florence, to deposit the whole of the Holy Land tenth in safe places, except that part of the first year's tenth ordered to be assigned to certain Florentine merchants. If, however, the king does not join the crusade, a tenth being deducted, a moiety is to be paid to members of the firm of Circuli, a fourth part to members of the firm of Rossi, Bacarelli, and Raynutii Abbatis, and another fourth to members of the Florentine firm of Frescobaldi; any papal indult to the contrary notwithstanding.
15 Kal. July.
(f. 51.)
Appointment of Henry, precentor of Aberdeen, as bishop of that see, void by the death of Hugh [Benton]. The chapter unanimously elected Henry, but the pope cancelled the election, because he was not then in holy orders, as he freely confessed. The pope, considering the circumstances, now appoints him.
Concurrent letters to the chapter of Aberdeen, to the clergy of the diocese, and to the king of Scotland.
17 Kal. July.
(f. 51d.)
Appointment of John, archdeacon of Exeter, and papal chaplain, to the bishopric of Winchester, void by the death of Nicholas. The chapter postulated Robert, bishop of Bath and Wells, but the postulation not being admitted by the late pope, the chapter empowered Master Richard de Lamore, archdeacon, brother Adam de Lyda, and five other monks of the church to elect, by whom the said Richard was elected, and the election presented to the archbishop of Canterbury for confirmation, after which, the matter being carried on appeal to the pope, Richard resigned his right, and the pope appointed the said John, and ordered the bishop of Ostia and Velletri to consecrate him.
Concurrent letters to the chapter of Winchester, to the clergy, and to the people of the diocese, and to king Edward.
11 Kal. June.
(f. 55.)
Mandate to the prior of Tonebrugg, in the diocese of Rochester, to cite John Lauetor to appear before the pope within two months to answer to charges made on the complaint of Rogo (sic) de Clara, dean of Stafford, papal chaplain, in the cause between him and Walter, archbishop of York, by whom he was refused admission to the void church of Adelingflet, on the presentation of the countess of Gloucester. The cause being heard by auditors appointed by the pope, the examination of witnesses was committed to the dean, precentor, and treasurer of Lincoln, by assent of the proctors of both parties; whereupon John Lauetor, knight, of the diocese of London, broke out into violence, and, in order to hinder their jurisdiction, had the precentor and treasurer taken and imprisoned by William de Saham, clerk, John de Vallebus, and Roger called ‘Laveday,’ knights, for taking evidence in the absence of the dean and sending it to Rome, so that the said chaplain was forced by fear to leave the realm and desist from proceeding with the cause.
Id. Feb.
(f. 59.)
Indult to Master Ralph, dispensed by the bishop of Lincoln, in accordance with a mandate of pope Alexander, on account of illegitimacy, so as to be able to hold a benefice with cure of souls; on which he obtained the rectory of Britwelle; but as it afterwards came to his knowledge that his father was a subdeacon, Gregory X. gave him an indult to cover this defect of birth; and now a further indult is granted to enable him to hold the archdeaconry of Wilts, on condition of his resigning the said rectory.
Kal. Oct.
(f. 71d.)
Mandate to the archbishop of Dublin, collector of the Holy Land tenth in England, in answer to his letter to assign to members of the Florentine firm of Thomas Spillati and Hugh Spina the arrears of half the tenth of the first year collected by him and Master Arditio, bishop elect of Modena, papal chaplain.
15 Kal. July.
(f. 73d.)
Commission to the bishops of Glasgow, Dunblane, and Caithness to consecrate Henry, a deacon, precentor of Aberdeen, whom the pope has appointed to that see, he having been first ordained priest by one of them; to receive his oath of fealty to the pope and the Roman church, and send it under seal. If any one of them cannot be present, the other two are to call in another Scotch bishop.
Ibid. Faculty to the aforesaid Henry to be ordained and consecrated as in the above letter.
15 Kal. Mar.
(f. 79d.)
Confirmation to John de Brochampton, formerly cellarer, of his election as abbot of Evesham. The prior and convent deputed him and six others were to elect; and William de Tywa, one of these, by order of his colleagues, elected the said John.
Concurrent letters to the prior and convent, and to the king.
12 Kal. Feb.
(f. 84.)
Mandate to Master Geoffrey de Veçano, canon of Cambray, papal nuncio in England, to ascertain the facts of the case in regard to Thedisius de Camilla, papal chaplain, rector of Wingham and Terringes, in the dioceses of Canterbury and Chichester, which he holds by papal dispensation, with licence to receive their fruits while non-resident. According to his petition, the archbishop of Canterbury unlawfully cited him by Master Humbert de Hyenna, and, on his appeal to the pope, deprived him of the said churches, and on his further appeal, gave the church of Wingeham to Masters Roger de Rowelle, Anselm de Estria, William de Sardeyne, and John de Knovyle, clerks, of the dioceses of Canterbury and Lincoln, and the church of Terringes to Masters Robert de Lacy and Martin de Hamptone, clerks, of the dioceses of Lincoln and Chichester, on which Thedisius again appealed to the pope. If the facts are as stated, the archbishop is to be warned to restore the churches to Thedisius within fifteen days, and to make satisfaction for fruits received; if he does not, he and the intended clerks are to be cited to appear before the pope within three months, either personally or by proctors.

Curial Letters.

5 Id. Jan.
(f. 108d.)
To Edward I., praying him not to take it ill if the pope puts off granting his petition, sent by Master Robert, dean of York, and John Clarel, papal chaplain, for the grant of the Holy Land tenth to his brother Edmund, count of Champagne and Brie, as the king does not intend to set out, which the pope is sorry to hear, inasmuch as the miracle, by which the king's life was saved from attempts against it, points out that the king should not suffer the tenth to be used by another in the service of Christ. If the king does not become willing to set out in due time the pope will make such disposition of the tenth in regard to the said court and to the magnates and nobles of the realm as shall add to the glory of God, the good of the Holy Land, and the honour of the king.

3 Martin IV.

2 Id. May.
(f. 125.)
Appointment of Thomas de Fyndona, third prior of St. Augustine's, Canterbury, as abbot, on the resignation of Nicholas, in the pope's presence, who accepted it on 4 Id. May.
Concurrent letters to the prior and convent, to all vassals of the monastery, and to the king.
Ibid. Commission to the archbishop of Dublin and the bishop of London for one of them to give benediction to the said abbot, and receive his oath of fealty.
3 Kal. April.
(f. 127d.)
Grant of the office of notary public to Master Thomas de Cardolio, clerk in minor orders, of the diocese of Carlisle.
Id. June.
(f. 129.)
To Edward I. recommending to his good will John lately elected abbot of Evesham, whose election the pope has confirmed.
2 Non. July.
(f. 129.)
Disponsation, at the instance of H. cardinal of St. Laurence's in Lucina, to Walter called ‘de Bathonia,’ acolyte, of the diocese of Salisbury, a doctor of decrees and professor of law, of illegitimate birth, that he may be ordained and hold a benefice with cure of souls.
13 Kal. July.
(f. 131.)
Rehabilitation and indult to Master Richard de Lamore, formerly elected bishop of Winchester, against whom the archbishop of Canterbury, after delaying to confirm the election, and, on the appeal of Richard's convent, cancelling it, brought several processes. Afterwards, on this matter being discussed at the apostolic see, and also the fact of his holding the archdeaconry of Winchester, the subdeanery of Lincoln, and a portion with cure of souls in the church of Denever, in the diocese of Norwich, without dispensation, his failure to keep his oath of residence in Lincoln Cathedral, and his receipt of procurations in money from persons and churches subjected to him, he resigned all right in his election. In reply to his petition, the pope allows him to accept any archiepiscopal or episcopal dignity which may be offered him, but requires him to resign the above portion, and grants him an indult to hold one benefice with cure of souls besides the said archdeaconry and subdeanery, or, on resigning one of these, to hold another.
Non. July.
(f. 131d.)
Dispensation to Master John called ‘Romanus,’ professor of theology, precentor of Lincoln, already dispensed by John XXI. on account of illegitimacy, so as to be ordained and hold the churches of Walop, in the diocese of Winchester and Boulton, in that of York, together with the chancellorship and prebend of Lincoln that he then had. Thinking that this dispensation would allow it, he resigned the said chancellorship, and accepted the precentorship of Lincoln and the prebend of Nassington, and continued to hold the above churches. The pope grants him a dispensation for doing this, but restitution is to be made to the collectors of the Holy Land tenth of the fruits received by him from the said churches.
Id. July.
(f. 132.)
Mandate to Baiamund de Vitia, canon of Asti, collector of the Holy Land tenth in Scotland, to assign to Bertus Mactii, Birtus Hugonis, Janorus Consilii, and Robert Juncte, of the firm of Circuli, a moiety, and to John Rustici; Rossellinus Bacarelli, and John Rubeus Bacarelli, of that of Rossi Bacarelli and Raynutii Abbatis, a quarter, and to Girinus Chufagni, John Vulpi, and Copus Cotegni, of that of the Frescobaldi of Florence, the other quarter of the tenth, as he was ordered, but has not done, but has, as is reported, drafted these men through Scotland on the pretext that he could not pay it on account of the king's prohibition, and lent the money to his and others' advantage. He is to send vouchers to the pope and keep a duplicate for himself. If he does not obey this order Master Geoffrey, clerk of the papal camera, now in England, has orders to compel him.
Ibid. Mandate to Master Geoffrey, canon of Cambray, as above.
Non. Oct.
(f. 139.)
Appointment of Master Geoffrey, canon of Cambray, as collector of the Holy Land tenth in England in place of John, archbishop of Dublin, who wishes to betake himself to his see, which he has not yet visited though it was void for more than nine years. [Theiner, 126.]
5 Id. Oct.
(f. 138d.)
To John, archbishop of Dublin, on his petition, stating that for nine years and more the see has been void, and now suffers by his absence when engaged in his duties as collector of the Holy Land tenth; the pope therefore relieves him of this office, which he has discharged with prudence and fidelity. [Theiner, 126.]
12 Kal. Aug.
(f. 140.)
Mandate to Geoffrey, clerk of the papal camera to cite Baiamund de Vitia, whom the pope has recalled at the instance of J. cardinal of St. Mary's in Cosmedin, as his stay in England as collector was unfruitful, and he has disobeyed the pope's orders. Baiamund is to appear within three months and give an account of himself and his collection.
5 Kal. Dec.
(f. 140.)
Extension of dispensation to Master John called ‘Romanus,’ precentor of Lincoln (as above, f. 131d), giving him three years in which to make restitution to the collectors of fruits received, a third part being paid in each year.
Id. Dec.
(f. 141.)
Confirmation of the election of William, dean of Dunkeld, as bishop of Dunkeld. On the death of bishop Robert, the chapter, elected canon Hugh de Strivelin, who died at the papal court while prosecuting the business of his election, whose death being announced to the chapter by Masters Peter de Tylloyl and Matthew de Crombech, canons, the chapter commissioned the dean, Robert the chancellor, canon Weland de Stykelaw, and the two said canons to elect, who elected William, whom the pope has had consecrated by O. bishop of Tusculum.
Concurrent letters to the chapter of Dunkeld, to the clergy, and to the people of the diocese, to all vassals of the said church, and to the king of Scotland.
4 Id. Dec.
(f. 144d.)
Mandate, at the king's request, to the bishop of St. Davids, to grant a dispensation to Rhys Mareduc and Auda de Hastings to intermarry, they being related in the third and fourth degrees of kindred, and their respective progenitors R. and A. desiring the match as a means of making up their quarrels and preventing those of their dependants.
Kal. Mar.
(f. 151.)
Faculty to John, archbishop of Dublin, to make disposition of his personal goods by testament, and of ecclesiastical moveable goods, those excepted which come from altar service or assigned for any divine worship, for his funeral expenses and rewards to his servants, debts being first provided. [Theiner, 127.]
Ibid. Indult for three years to the same, that no papal delegate or subdelegate shall issue against him sentences of excommunication, suspension, or interdict, unless special mention of this indult be made in the papal letters; any sentences so issued are declared null.
Ibid. Faculty to the same to absolve those clerks and laymen of his diocese who, to a great number, have, during the archbishop's absence on the business of collecting the Holy Land tenth, incurred excommunication for burning churches, satisfaction to the said churches being enjoined.
Ibid. Faculty to the same to grant dispensations to two clerks of his diocese of illegitimate birth to be ordained and hold a benefice apiece with cure of souls.
Ibid. Faculty to the same to create two or three notaries public. [Theiner, 127.]
Non. May.
(f. 152d.)
Mandate to the abbot of St. Albans, to proceed according to the letters of John XXI. in the cause between Peter de Rodmersham, abbot of the Cluniac house of Faversham, and Robert, bishop of Porto, then archbishop of Canterbury, and Oswald, monk of the same, in that the archbishop removed Peter from the government of the monastery and put Oswald in his place. On Peter's appeal to the pope, John XXI. appointed John de Parma, bishop of Spoleto, then papal subdeacon and chaplain, to hear the cause, who, Oswald being absent through contumacy, ordered the cause to be carried before the pope, and on Peter claiming expenses out of the goods of the monastery there was allowed to him, as long as the cause lasted, for his victuals, and those of one monk and two servants 10s. petits Tournois a day, 20 a year for clothes, and for salaries of two advocates 40, and of one proctor, 14 pounds of Tours; the late bishop of Winchester and the abbot of St. Albans being ordered to see that this was carried out. On Oswald's appeal to the pope, the abbot and the bishop appointed a term for the appeal to be prosecuted. In the meanwhile, Roland being promoted to Spoleto, pope Nicholas deputed Jordan, cardinal of St. Eustace's, to hear the cause, which order the present pope confirmed. But Oswald did not prosecute his appeal within the given time or for two years after it; the pope therefore issues the above mandate.
11 Kal. Dec.
(f. 155.)
Mandate to the archbishop of Canterbury, the bishop of Lincoln, and the archdeacon of Dorset, to cite the abbot of Gloucester and Master Robert of Gloucester, clerk, and any other detainer of the rectory of Wyradesbury, in the diocese of Lincoln, to appear before the pope within two months, the abbot by proctor and the others in person, with all documents relating to the case. The petition of Master Edmund de Warefeld, rector of the said church, chaplain of H. cardinal of St. Laurence's in Luciua, states, that though on the voidance of the said church by the death at Anagni of Master Silvester, the pope granted it to the late Henry de Tylton, priest, appointing as executors the bishop of Worcester, Antony called ‘Beck,’ archdeacon of Durham, and John de Kirkebi, canon of Lincoln, Master Robert of Gloucester obtained institution to it from the bishop of Lincoln on presentation of the abbot and convent of Gloucester. And when Master John de Luco, canon of London, to whom the said executors had committed the matter, proceeded to carry out the pope's appointment, Master Robert vexatiously appealed to the pope, ad tuitionem curic Cantuariensis de facto nichilominus provocando, and under this pretext still holds the church. The pope thereupon ordered the said archbishop and the dean of London to warn the said abbot and clerk to give up the church to Henry, or his proctor, in eight days, making satisfaction for fruits received; and if they would not, to cite them to appear before the pope in two months, but as neither appeared, protestation was made in the gate of the papal palace before the ushers of their contumacy, and though the pope appointed Peregrinus de Andirano, canon of Aix, as auditor, the contumacy was repeated, and after a while Henry died at the Roman court, on which the pope gave the church to Edmund, investing him with all the rights that belonged to Master Silvester.
13 Kal. Feb.
(f. 157.)
Mandate to the official of Amiens to summon all persons concerned, and make order in the question between the abbot and convent of Fecamp, who hold, as annexed to their monastery, the church of Westamnor and the chapels of Wernunghirst and Essurst, and the archbishop of Canterbury, who, wishing to be informed of the right they have in the said church and chapels, sent for Vigor, a monk of the said monastery, their proctor then in England, and ordered him to show proof of their right. On the part of the abbot and convent it was argued that they were exempt from all ordinary jurisdiction, but the archbishop refused to hear them, and excommunicated Vigor. As the abbot and convent say they cannot get justice done them in England, by reason of the archbishop's power, the above official is ordered to decide the cause; any constitution or indult as to citations beyond sea or any other notwithstanding.
Ibid. Similar mandate to the same in regard to the archbishop's visitation of the above church and chapels, which are in the diocese of Chichester.

Curial Letters.

Non. April.
(f. 161.)
To Edward I. urging him to hinder the conflict which Charles, king of Sicily, and Peter, late king of Aragon, intend to arrange at Bordeaux, between a hundred knights on either side; and to order his officials in Gascony not to allow the combat to take place. The pope sends John, cardinal of St. Cecilia's, to advise and assist the king in this.
5 Id. Aug.
(f. 180d.)
To Edward I. urging him to help in keeping the peace in Castile, Leon, Toledo, Galicia, and other places. [One of six letters addressed to the kings of France, Sicily, and Portugal, and to prelates and masters of military orders and others.]

4 Martin IV.

8 Id. May.
(f. 192d.)
Confirmation of the election of Walter de Wenlac, abbot of Westminster, made by the chapter, who deputed Richard de Waltham and six monks to elect; and direction to the bishop of Ostia to give him benediction.
Concurrent letters to the prior and convent and to the king.
Id. June.
(f. 203d.)
Indult to Thomas de Wychamton, clerk, of the diocese of Salisbury, already dispensed as the son of a priest, so as to be ordained and hold a benefice with cure of souls, to accept also a cathedral or other dignity, short of a bishopric.
Id. Nov.
(f. 204d.)
Dispensation to Master John called ‘Romanus,’ precentor of Lincoln, already dispensed on account of illegitimacy, so as to be ordained and hold benefices with cure of souls, together with the chancellorship of Lincoln, and further dispensed by pope John so as to accept a bishopric, to be promoted to be archbishop, if duly elected.
15 Kal. Jan.
(f. 210d.)
Appointment of William, abbot of Aberbrothoc, to be bishop of Dunblane, in the place of Robert deceased. His election, made by the chapter, was presented to the pope and examined by three cardinals, when he resigned all right in it; on which the pope appoints him, and directs Ordonius, bishop of Tusculum, to consecrate him.
Ibid. Concurrent letters to the chapter, and to the clergy of Dunblane, and to Malisius, earl of Strathern, patron of the see.
Kal. Dec.
(f. 215.)
Mandate to Master Geoffrey de Veçano, canon of Cambray, nuncio in England, and John de Luco, canon of London, to cite the archbishop of Canterbury, the clerks and others concerned in the cause between Thedisius de Camilla, papal chaplain, rector of Wingham and Terringes, in the dioceses of Canterbury and Chichester, which he holds by papal dispensation, and the archbishop of Canterbury, who, without lawful citation or reasonable cause, caused him, even after appeal to the pope, to be deprived of the said churches by Master Humbert de Hienna; and on further appeal the archbishop gave Wingham to Masters Roger de Rowelle, Anselm de Estria, William de Sardeine, and John de Knovyle, of the dioceses of Canterbury and Lincoln, and gave Terringes to Masters Robert de Lacy and Martin de Hampton, clerks of the dioceses of Lincoln, and Chichester; on which the said Thedisius prayed the pope to look into the matter, who ordered the above Master Geoffrey to warn the archbishop to restore the said churches in fifteen days. But though the archbishop and the said clerks interposed various appeals to the pope, Geoffrey cited them to appear in three months, on which they again appealed, and were heard before Clusian, cardinal of SS. Marcellinus and Peter, appointed by the pope, who seeing that the process was being unduly prolonged, orders it to be brought before himself. The parties are to appear personally or by proctors in three months, furnished with all necessary documents.
4 Non. June.
(f. 221.)
Provision to Berard, papal chamberlain, of a canonry and prebend of York, void by the death in Lombardy of Boniface de Coconato, notwithstanding any statute as to the number of canons, and the fact that the said Berard has canonries and prebends of Salisbury and St. Venantius, Camerino.
3 Non. June.
(f. 221d.)
Concurrent mandate to Masters Giles de Castelleto, papal notary, provost of Bruges, and Geoffrey de Veçano.
7 Kal. June.
(f. 222d.)
To Edward I. in answer to several petitions brought to the pope by Master W., canon of Wells, and Elias, his envoys.
I. For a grant to him of the whole tenth now collected in England, Scotland, Ireland, Wales, Gascony, and Ponthieu. The pope replies that he grants the tenth collected in England, Ireland, and Wales on the king's taking the cross before Christmas, and also that in Scotland, with consent of that king, in which case he would be bound to subsidise the magnates of Scotland who joined the crusade; the tenth being assigned to him for two years before the term fixed by the pope for setting out. In Gascony and Ponthieu the tenth cannot be granted, as it is given by an ordinance of the council of Lyons to the king of France.
II. That the pope would send someone to see that the tenth is duly collected; that the collectors fine those who do not pay, or delay to do so; and whether the collectors receive money under any colour and apply it to their own uses, and that such fines and moneys so received should be assigned to him. The pope answers that someone shall be sent as requested; but as to the fines and misappropriated moneys, the king's request cannot be granted, as the malversation of collectors must be punished, and the money wrongfully extorted returned to those who paid it.
III. That the king may join to the nuncio some person of his own, so that the two may act by papal authority. The pope says No, as it has been granted to no one, and was forbidden by the council of Lyons.
IV. That the tenth, according to the true value in the said kingdoms, should be given to the king for five years in subsidy of the Holy Land. The pope replies that, on the king's taking the cross before Christmas, a tenth is granted to him in England, Wales, and Ireland, to be collected during three years, and assigned two years before the term fixed for setting out.
V. That all the sums assigned in the council of Lyons to the Holy Land subsidy should be assigned to him. The pope replies that it shall be done according to papal ordinance in those lands in which the tenth is granted.
VI. That sums in redemption of vows, sums bequeathed not clearly or specially to the Holy Land subsidy, and the goods of persons dying intestate should be assigned to him. The pope answers, that on the king's taking the cross before Christmas, the redemptions of vows and sums not clearly bequeathed are granted, but not goods of intestate persons.
VII. That the first fruits of void benefices in the said realms and lands shall be given to the king for ten years, rectorial portions being first assigned by the ordinaries. The pope says No; to no prince, even in aid of the Holy Land, has it been granted.
VIII. That on the above petitions being granted, the king will take the cross, if he is not forced to set out for the Holy Land in less than five years, and the expedition is not put off longer. The pope agrees that the king shall not be compelled to set out in less than five years, nor to postpone the expedition longer, and lets him know that, in the event of his failing to fulfil the conditions, the disposition of all the above grants reverts to the Roman church, as though the said answers had not been made. [Theiner, 128.]