The Register: Bassenthwaite, Papal (continued)

Pages 96-102

Register and Records of Holm Cultram. Originally published by T Wilson & Son, Kendal, 1929.

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267 f. (H. 2).—Alexander Bastenthwait grants to Holm abbey right of way by the ordinary road through Bastenthwait for waggons, cars, carts and all transport; i.e. from the gate on the north of the vill to the south gate, except on crops and meadows. If crops and grass are damaged, off the right path, they [the monks] must make it good on the view of two men chosen from each party. [Sir Alexander dates c. 1290 to 1327; he was governor of Cockermouth Castle in 1317.]

Papal (continued).

268. (C. p. 239; D. art. 25).—Pope Clement [III] confirms to Holmcoltran the grants of the island of Holmcoltran and Rabi, by Henry [II] and Richard [I]; of Flemingby, by Cospatric and his son Thomas, and the chapel and tithes there by Cospatric, who had exchanged for them land of equal value in the time of Adam, then parson, and of Robert the archdeacon, then diocesan in the vacancy of the see of Carlisle; of Kelton, by William and Cecilia, earl and countess of Albemarle; of a fishery in the Derwent, by Thomas f. Cospatric; of land and a grange in Kyrkebythore, by the donors named in the charters, and of the liberties thereof by King Richard; also in Ireland, the grants of Earl Richard [de Burgh] and John de Curcy. He states at length the duties and privileges of the Cistercians. Dated [in H. 2] the 3rd year of his pontificate, 1190. [John de Curci conquered Ulster in 1177; he granted Neddrum to St. Bees in 1178 and founded Gray abbey c. 1204; but there is no charter from him in these Holm Cultram collections.]

268 a. (H. 2).—Pope Clement [III], reciting the bull of Pope Lucius [1181–85] his third predecessor, against interference by bishops, dated at Verona (Beron') xi Kal. Dec., confirms it. At Avignon, iv Non. Sept. in his 4th year [1191].

268 b. (H. 2).—Pope Urban [III] to the Cistercians, confirming Pope Lucius in granting that if archbishops or bishops refuse to consecrate new abbots, the abbots, if priests, can consecrate their own novices. If a see is vacant, the neighbouring bishop can act. Let no one provoke the monks to secular suits at law; if anyone thinks he had a charge to make, he can go to the ecclesiastical courts. Let no one drag them to councils, synods, etc. outside their own order, nor come to them for celebrating orders, making consecrated oil (crisma), handling lawsuits or convening public meetings. In any causes let them use their own brethren as witnesses. They are not to make their neighbours or tradesmen work on holidays. If any one has put members of their family [i. e. monastery] under excommunication or interdict for detaining tithes, etc. they may absolve them and, if necessary, give them holy burial [1185–87].

269. (C. p. 244).—Pope Alexander [III] to Everard, abbot of the monastery of St. Mary of Holm. He refers to the rules of St. Benedict and of the Cistercians and names the Old Grange and the granges de Ternis, de Mayburg, de Skyneburg, de Raby, and all the Holm as it was when forest in the time of King Henry [I] and Radulph, earl of Chester [i.e. Ranulph Meschines, earl 1120]. Outside the Holm he names the Galloway grange of Cherchewinni from the port of Hurr [mouth of the Urr] to Pollesteresheved [no. 120], and the saltwork granted by Huctred f. Fergus, the grange of Millebronna, granted by Gilbert; the land of Kelton, by Cospatric f. Orm; and in Ireland, whatever Earl Rycard and Hugh de Lacie have given. He recites the duties and privileges of the Cistercians. Dated (in H. 1), vi Id. Dec. in his 17th year [1175]. [No charter of Hugh de Lacie exists in these collections. 'The grange of Millebronne granted by Gilbert' before 1175 is also unrecorded; Milburn Grange near Kirkbythore belonged to Shap after 1212, but we have no charter from a Gilbert which might refer to it unless the undated no. 186, of the neighbouring grange of Hale, means a grant of this land, afterwards resigned by the abbey, as Conheath and Carlaverock (no. 133a.) appear to have been resigned.]

270. (C. pp. 246, 247).—Pope Innocent [III] confirms privileges and grants of land wherever held [no details]. He refers to his predecessor Pope Lucius. [1198–1216.]

270 a. (H. 1 and 2; D. art. 35).—Pope Innocent [III] frees Holm abbey from tithes of wool, milk and lambs [see no. 53b]. At the Lateran, xi Kal. Marcii in his first year [1199].

271. (C. p. 248; D. art. 27).—Pope Gregory [IX] confirms immunities from tithes, which have been questioned by certain bishops and clergy, whether acquired before or after the General Council. Dated at Perugia, vii Id. Jan. in his 3rd year. [The General Council probably means that of the Lateran in 1215; the date therefore 1231.]

272. (C. p. 249).—Pope Innocent IV grants to the Cistercians in England freedom from summons before chapters or courts outside their own order, except by mandate from the Apostolic see, 'nisi pro fide tantum,' At the Lateran xii Kal. Marcii in his first year [1244].

273. (C. p. 250).—Pope Honorius III, desiring that Martha's care should provide for Mary's peace, grants that legates of the Apostolic See shall not, without special mandate, excommunicate or suspend Cistercians or place their houses under an interdict. [1216–27.]

273 a. (H. 1 and 2).—Pope Honorius III to all Cistercians. Certain persons, misinterpreting the orders of the General Council concerning newly tilled land (novalia), have tried to extract tithes from the monks. They are not to pay tithes for such land reclaimed by them since the date of the Council [1215]. At the Lateran, xvi Kal. Jan. in his 5th year [1221].

Note: We have a similar privilege from the same Honorius III exempting us from paying tithes on land, etc. acquired before the date of the Council. The original is at Boxley abbey (Vallum Dei).

274. (C. p. 251).—Pope Innocent frees the Cistercians from interference by archbishops, bishops and secular clergy. The original is at Balkinglas in Ireland. [Baltinglas, co. Wicklow. H. 1 and 2 date this 'at Milan, vii Id. Jul. in the 9th year,' probably of Innocent IV, 1252.]

275. (C. p. 252).—Popes Gregory, Celestine and Innocent have stated that within the precincts of the monks' houses or granges no molestation, plundering or theft may be made; no arson, bloodshed, arrest, robbery from the person; no beating, slaying nor any form of assault. These places, like the cemeteries (atria) of churches, are all by apostolic authority to be free and undisturbed by any invasion, terror or violence. [The popes are probably Gregory IX (1227–41), Celestine IV (1241–43) and Innocent IV (1243–54). In C. pp. 253, 254 are blank.]

276. (C. p. 255).—Pope Honorius [III] exempts the Cistercians from paying mortuaries [1216–27].

277. (C. p. 255).—Pope Innocent IV to the Cistercians in the dioceses of Canterbury and York, exempting them from payment of tithes on their gardens, pastures, mills, fisheries, etc. whether acquired before the General Council [1215] or later. [1243–54.]

278. (C. p. 256; D. art. 28).—Pope Innocent IV to the bishops of Carlisle and Glasgow, etc. Holm abbey complains of their withholding justice in the monks' suits except upon payment of money. "As this appears to come from the root of covetousness, we leave it to your discretion to give no further trouble to the abbot and convent, so that in your courts justice may be done freely." At Lyons, iii Kal. Nov. in his 6th year [1248].

279. (C. p. 256; D. art. 29).—Pope Gregory [IX] grants that the abbot of Holm and his priests may hear the confessions of their servants and prescribe penances. At the Lateran, iii Kal. Nov. in his 11th year [1237].

280. (C. p. 257; D. art. 30).—Pope Innocent to archbishops, bishops, etc. He has learnt, not without sorrow of heart and in the greatest distress, of the lack of ecclesiastical censure on those who do wrong to the monks, especially those of Holm abbey; and he directs that all who attack and rob them shall, if laymen, be excommunicated or, if clerics, suspended; and the places where the abbey's goods or men are detained shall be laid under interdict. Dated from the Lateran, x Kal. Jul. in his 3rd year. [If the pope was Innocent III, this dates 1200; if Innocent IV, 1245.]

281. (C. p. 258).—Pope Honorius [III] to all English Cistercians, permitting them to refuse to be drawn into trials at a distance of more than two days' journey from their own houses. At the Lateran, ix Kal. Jul. in his 6th year [1221].

282. (C. p. 258; D. art. 83).—Pope Innocent [III] confirms to Holm abbey the church of Burgh, given by Hugh de Morevill [c. 1200].

283. (C. p. 259).—Pope Innocent [IV] to the Cistercians. He lately gave them certain exemptions, but they could still be summoned before the bishops of the dioceses in which they live, in cases of crimes or contracts. He now exempts them from this liability. At Lyons, iv Non. March is his 8th year [1251].

Memorandum that the abbot of St. Benignus at Dijon (Duuionis) in the diocese of Lyons keeps the above indulgence. Also an authentic bull, word for word with the above, is kept at Clairvaux and in the three chief abbeys.

284. (C. p. 260).—Pope Innocent [IV] confirms all privileges of the Cistercians. The original is at Clairvaux. [1243–54.]

285. (C. p. 260; D. art. 26).—Pope Innocent [IV] learns that hostile clergy, who cannot excommunicate the monks, attack them through their retainers. He grants freedom from excommunication and interdict to all members, servants and benefactors of the abbey, and to their millers, cooks and tradespeople [124354].

286. (C. p. 260).—Pope Alexander [IV] grants that no bishop and none but abbots of their own order or monks deputed by the abbots shall act as visitors to the monks [1254–61].

287. (C. p. 261).—Pope Alexander [IV] grants exemption from making contributions to bishops, either as a duty or a custom, though the abbeys always show hospitality to them as guests [1254–61].

288. (C. p. 261).—Pope Alexander [IV] exempts the monks from tithes in the case of beasts put out to a third party for custody or agistment [1254–61].

289. (C. p. 262).—Pope Alexander [IV] confirms Pope I[nocent] his predecessor in forbidding the monks to confess to or be confessed by any member of another order or secular priest without licence from their own abbot [1254–61].

290. (C. p. 262).—Pope Alexander [IV] to the Cistercians. Legates from Rome, bishops, etc. are to be honourably entertained at the abbeys; but though they may show written authority they must not be allowed to demand money from the monks, who are exempt; nor can they suspend or excommunicate. This is granted on the petition of J[ ], cardinal of St. Laurence in Lucina. The pope confirms all privileges, indulgences, etc. to the order. [Date from Cal. Papal Letters, i, 359, at Viterbo, ii Id. Sept., 1258]

290 a. (H. 1 and 2).—Pope Alexander [IV] confirms his predecessor Pope Innocent, who decreed that the Cistercians, though exempt in general, could be summoned before a bishop in cases involving crime or contract, but subsequently granted freedom from this liability [no. 283]. Nevertheless, exempts such as the Templars, the Hospitallers and others must not build and use chapels in places not exempt, without licence from the bishop of such a place; even in places not exempt they ought not to do so. This has been taken by some bishops as a means of infringing the rights of the monks, but he is anxious to preserve their rights and liberties. Dated at Anagni, ii Kal. Maii in his 5th year [1258]. Sealed by the bishop of Carlisle.

290 b. (H. 2).—Pope Alexander [IV] exempts the Cistercians from paying tithes of hay from their meadows, woods or lands, whether acquired before the General Council or later. Dated at Anagni, xiv Kal. Sept. in his first year [1254].

290 c. (H. 1 and 2).—Pope Alexander IV recites the brief of Pope Lucius to John, bishop of Chichester, exempting the Cistercians from tithes on novalia [see no. 273a], dated at Verona, xii Kal. Apr. He confirms it at Anagni, viii Kal. Aug. in his first year [1254].

291. (C. p. 264; D. art. 31).—Pope Honorius III to Holmcoltran, confirming grants in Engelwode from Kings Henry, Richard and John. [1216–27.]

292. (C. pp. 265, 266).—Pope Honorius [III] to all Cistercian abbots. They have already given largely in charity and hospitality, and are not to treat legates of the Apostolic See with luxury, nor allow them to extort contributions in money [1216–27].

293. (C. p. 266).—Pope Gregory [IX] confirms grants in Englewod [1227–41].

293 a. (H. 2).—Pope Gregory [IX] to the abbot, etc. of Holm. Clerics and laity of York, Carlisle and Durham dioceses summon them to lawsuits and give needless trouble. The monks need not attend such, if they involve more than two days' journey [1227–41].

293 b. (H. 2).—Pope John [XXI] to the abbot, etc. of Holm. The abbot complains that certain clergy and laity detain the monks, lay-brothers and their animals on various charges. This must not be allowed. [1276–77.]

293 c. (H. 1 and 2).—Copy of a bull at Rievaulx from Pope Boniface VIII. By request of Robert, cardinal of St. Prudentiana, the Cistercians are not to pay tithes and first-fruits on land not otherwise tithed. At the Lateran, xv Kal. Jan. in his 8th year [1301].

293 d. (H. 1).—Copy of a bull at Louth Park, Lincolnshire (Parcum Ludum). Pope Benedict to the Cistercians. Innocent IV freed them from being summoned before bishops' courts for crimes, contracts and suits against them nisi pro fide [no. 272]. But Boniface VIII forbade bishops to take advantage of a misinterpretation of this privilege, and he [Benedict XI] confirms this exemption. Dated at Avignon, ii Non. Feb. in his third year [1305].

293 e. (H. 1).—Copy of a bull at Fountains from Pope Clement [V] to Holmcoltran, granting privileges in general terms. Dated at Bordeaux (Burdegal'), xii Kal. Aug. in his first year [1305].

293 f. (H. 2).—Pope Clement [V] to the prior of Durham, to protect the Cistercians from vexatious prosecutions, quoting Boniface VIII that if both parties to a cause are of the same city or diocese they must not, except in certain cases, be tried elsewhere at a distance. Dated at Avignon, day before the Nones of September in his 4th year, 1309.

293 g. (H. 2).—William, prior of Durham, to bishops, etc. He recites Pope Clement V [no. 293f] forbidding them to vex the abbey of Holm. Written by John f. Thomas de Clipiston of York, notary public. Dated at Clifton near York, in the manor of the abbey of Byland (Bella Landa), the last of May, 1311.

[In the Carlisle MS. two blank pages follow p. 266; then a rough index to a few of the subjects, in a hand like Bishop Nicolson's, and blank pages to p. 276 inclusive.]