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muni consensu uel fratrum maior pars consilij sanioris secundum Deum et beati Augustini regulam prouiderint eligendum. Paci quoque et tranquillitati vestre paterna imposterum solicitudine prouidere volentes, auctoritate 5 apostolica prohibemus, ut infra clausuras locorum seu grangiarum uestrarum nullus rapinam seu furtum facere ignem apponere sanguinem effundere hominem temere capere uel interficere seu uiolenciam audeat exercere. Preterea omnes libertates et immunitates a predecessori10 bus nostris Romanis pontificibus ecclesie uestre concessas, nec non libertates et exempciones secularium exactionum a regibus et principibus vel alijs fidelibus racionabiliter uobis indultas auctoritate apostolica confirmamus et presentis scripti priuilegio communimus. Decernimus ergo ut nulli 15 omnino hominum liceat prefatam ecclesiam temere perturbare aut eius possessiones auferre vel ablatas retinere minuere seu quibuslibet uexacionibus fatigare; set omnia integra conseruentur eorum pro quorum gubernacione ac sustentacione concessa sunt vsibus omnimodis profutura, 20 salua sedis apostolice auctoritate, diocesani episcopi canonica iusticia. Si qua igitur in futuro ecclesiastica secularisue persona hanc nostre constitutionis paginam sciens contra eam temere uenire temptauerit secundo tercioue commonita, nisi reatum suum congrua satisfactione cor25 rexerit, potestatis honorisque sui careat dignitate reamque se diuino iudicio existere perpetrata iniquitate cognoscat et a sacratissimo corpore et sanguine Dei et Domini redemptoris nostri Ihesu Christi aliena fiat atque in extremo examine districte subiaceat ulcioni. Cunctis autem 30 eidem loco sua iura seruantibus sit pax Domini nostri Iesu Christi, quatinus et hic fructum bone actionis percipiant et apud districtum Iudicem premia eterne pacis inueniant. Amen.

49. Viterbo 5 March 3 Clem. Bull of pope Clement 35 confirming the privileges conferred on Ospringe hospital by his predecessors.

p. 207.

pp. 207, 208.

50. Lyon 21 Jul. 3 Innocent. The pope to the king of England Innocentius episcopus seruus seruorum Dei karissimo

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in Christo filio regi Anglorum illustri salutem etc. Tanto libencius celsitudinis tue precibus benignum impertimur assensum, quanto inter reges et principes Christianos te specialius in Domino reputamus dilectum filium et deuotum. Tuis itaque supplicacionibus inclinati dis- 5 trictius inhibemus, ne vllus ordinarius aut et delegatus in capellas [MS. capellis] regias et oratoria earum ecclesie Romane immediate subiecta seu fratres vel seruitores ipsorumque tenore priuilegiorum aut indulgenciarum apostolice sedis excommunicationis vel interdicti senten- 10 tiam audeat promulgare seu aliquod ipsis onus inponere quod alijs exemptis ecclesijs non consuerit inponi, absque mandato sedis apostolice speciali quod expressam faciat de inhibicione huiusmodi mentionem. Nullique [MS. q° i.e. quo] omnino [p. 208] hominum liceat hanc paginam 15 nostre inhibicionis infringere vel ei ausu [MS. ausum] temerario contraire. Siquis autem hoc attemptare presumpserit, indignacionem Omnipotentis Dei et beatorum Petri et Pauli apostolorum eius se nouerit incursurum. Dat. Lugduni xij° kalendas Augusti pontificatus nostri 20 anno tercio.

51. Lyon 27 Apr. 3 Innoc. Bull of pope Innocent to the abbot of Westminster

p. 208. Innocentius etc. dilecto filio abbati Westmonasteriensi London. salutem etc. Precipimus [sic, qu. precibus?] karis- 25 simi in Christo filij nostri regis Anglie illustris benignum impercientes assensum, discrecioni tue per apostolica scripta mandamus, quatenus ipsius capellas et oratoria earumque fratres et seruientes, q indulta sedis apostolice, non permittas ab aliquibus indebite molestari. Molesta- 30 tores huiusmodi per censuram ecclesiasticam appellatione proposita compellendi. Dat. Lugduni v kalendas Maij pontificatus nostri anno tercio. Et remanet hec bulla penes abbatem etc.'

52. Pleadings between St John's hospital and 35 Reginald intrusive vicar of Horningsey A.D. 1278-9, before the priors of Huntingdon and Barnwell. pp. 208-222.

The prior of Barnewell to all the faithful. We have inspected a letter of pope Nicolas IV directed to us [i. e. which reached us] on

the day of St Calixtus [14 Oct.] 1289 to this effect. The master and brethren of St John's hospital having stated to us that the bishop and chapter of Ely have granted to them Horningsey church to be governed by one of the brethren or by a secular presbyter, the abp. 5 of Canterbury in his visitation instituted Reginald of Lenna vicar there and ordered Andrew of Gisleham a clerk of his diocese to tax a perpetual vicarage in that church. The hospital appealing to the pope [p. 209], obtained a papal letter to the prior of Huntingdon; the prior appointed his sacrist to try the case; the IO sacrist decided in favour of the hospital and the master and brethren appealed to the pope to confirm his decision; the pope charged the prior of Barnwell to enforce it (bull dated Rome 31 Jan. 1 Nic. IV).

On the same day of St Calixtus we ordered a citation to be 15 made in Horningsey church; all persons interested were to appear before us or our commissary in Barnewell conventual church on Monday after St Luke [18 Oct.], to shew cause against the execution of the decree of the Huntingdon sacrist.

The master and brethren of the hospital appeared then and 20 there, and again on the Tuesday, and exhibited a certificate of the citation above mentioned, and also the collation of the vicarage of Horningsey to the hospital by H[ugh Balsham] bp. of Ely, as follows: Hearing of the diminution of your income and the crowds of poor that flock to you, we decree that hereafter there be no 25 perpetual vicarage in Horningsey, but the endowment of the vicarage fall to your use; provided always that you serve the church by one of your body or by some other competent person. Witness John Balsham archd. Ely [add this name to the list in Le Neve], Simon de Asellis official of the bp. of Ely, Hugh Stanford, Alex. Orforde, 30 Ric. Thaylast clk. and others. Dated Ely morrow [9 Dec.] of the nativity of the Virgin, 10th year of our pontificate [1267].

35

[p. 210] Confirmation of the above grant by Robert the prior of Ely and his convent. Dated Ely Saturday after the nativity of the Virgin 1267.

The papal letter to the prior of Huntingdon and the whole process of the trial at Huntingdon were also read before us the prior of Barnwell, as follows: Pope Nicolas to the prior of Huntingdon. The master and brethren of St John's hospital of the poor in Cambridge (having stated, 1. that the bp. of Ely [having 40 regard to their losses by war and fires, which make it impossible for them to maintain hospitality] had allowed them to serve the vicarage of Horningsey by a priest from among their own number, themselves receiving the income; 2. that the abp. of Canterbury in his visitation, acting upon false information, had charged Andrew de 45 Gyselham to tax a perpetual vicarage in that church, and to assign an income to the vicar [p. 211]; 3. that the said Andrew, in spite of their remonstrances, did assign no small income to a vicar) appeal to the pope, who appoints the prior of Huntingdon to try the case, and

gives him power to compel witnesses to give evidence. Dated Rome 10 kal. Mar. 1 Nic. [IV].

The dean of Cambridge attests (Cambridge St. Simon's 'anno secundo') that on Wednesday after Michaelmas he executed the following mandate of the prior of Huntingdon, dated Conynton 5 Monday after Michaelmas A.D. 1278: I require you to cite in Horningsey church Reginald of Lenna, calling himself vicar of that church, to appear before me in our conventual church of St Mary's Huntingdon on Friday after All Saints.

Cambridge morrow [3 Nov.] of All Souls 1278. Procuratorial IO letter of St John's hospital, appointing one of the brethren Michael of Meldeborn presbyter to represent the hospital.

[p. 212] Cambridge All Souls [2 Nov.] 1278. Procuratorial letter from Reginald of Lenna 'perpetual vicar of Horningsey,' appointing Peter of Steping [called Sterung below] clerk to represent him.

Claim of the plaintiffs, that Reginald of Lenna may be removed, condemned in costs and ordered to refund what he has received from the vicarage, to the estimated amount of 100s.

15

First day's pleadings. In the conventual church of St Mary's Huntingdon Friday next after All Saints 1278, before the prior. 20 The proctor for the defendant obtained a copy of the pope's procuratorial letter and the evidences put in by the plaintiffs; he objected to the appeal addressed to the pope. 5 witnesses examined on oath for the plaintiffs [p. 213].

Witnesses depose that the master and brethren of St John's 25 protested before Andrew of Gyselham and proved that they had duly served Horningsey since the gift of the vicarage.

Stephen of Cotenham chaplain was in St Mary's Cambridge on Saturday after the Purification last past, and heard brother William of Horningsey proctor for the hospital protest, when Andrew of 30 Gyselham by archiepiscopal authority taxed the vicarage of Hornningsey, which in bp. Eustacius' time was (he said) reckoned at 100s. William offered to prove the gift of the bp. and chapter of Ely; and when his exception was rejected, appealed to the pope.

Reginald [?] of Fokysdon chaplain was present at the same time 35 (William of Horningsey since dead) and gives similar evidence. [p. 214], as do Ralph of Yngeworth clerk, Alexander of Cestreton clerk, and Alan of Cotenham clerk. All the witnesses attest the unanimous appeal of the hospital against Reginald of Lenna's appointment by the abp. The examination was conducted by John 40 of Hemingford and brother Adam of Honteby canon of Huntingdon, Second hearing. Saturday next before St Leonard [6 Nov.] in St Mary's Huntingdon. The evidence taken the day before was published, and by the advice of lawyers the appeal was declared to be valid, and all sentences of excommunication pronounced against 45 the hospital after the appeal, to be null and void. The main question to be tried at the next session [p. 215]. A copy of the evidence given to the defendant's proctor.

Cambridge morrow [7 Dec.] of St. Nicholas 1278. The dean of Cambridge to the prior of Huntingdon. Has carried out his mandate dated St. Andr. [30 Nov.], by serving on Reginald de Lenna, calling himself vicar of Horningsey, a summons to appear on the third 5 day on which courts sit (tertio die iuridico) after St. Hilary (13 Jan). Third hearing. Tuesday after Hilary 1278 [1278]. Nicholas of Westerfeld [called below Cesterfeld] proctor of Reginald de Lenna demands and obtains a copy of the petition of the hospital, in which the master and brethren ask to be put in possession of Horningsey IO vicarage. [p. 216].

15

Cambridge Monday after Hilary 1278 [1273] Procuratorial letter of Reginald de Lenna, signed with his own seal and the consistorial seal of the archdeacon of Ely, appointing Nicholas de Cesterfeld to represent him.

Fourth hearing. The morrow [15 Febr.] of St. Valentine before the sacrist of St. Mary's Huntingdon, acting as commissary of the prior. Reginald de Lenna appeared in person and handed in a statement of which a copy was given to the hospital.

Huntingdon Circumcision [?] 1278. Commission from the prior 20 to the sacrist to try the case in his absence. Paper of Reginald de Lenna. Whatever I say here is not to be regarded as an admission of your authority. [p. 217]. The papal bull was obtained by a suppression of the truth; viz. the truth, that I was canonically instituted by the abp. I question the grant 25 ascribed to the bp. of Ely and the confirmation of it by the chapter. I appeal to the holy see. [p. 218].

Cambridge Monday [27 Febr.] after St. Mathias [127]. The dean of Cambridge to the prior of Huntingdon. On Saturday after Mathias [25 Febr.] I executed your mandate dated Huntingdon 30 Friday St Mathias 1278. The parties to the suit are to appear (not on the first court day after St. Gregory, which had been named, but) on Wednesday next before the Annunciation.

Fifth hearing. Wednesday before the Annunciation 1278 [1278]. Reginald again appeared in person. The proctor for the hospital 35 maintained that Reginald's exceptions were put in too late.

Sixth hearing. Thursday after St. Cudbert [20 Mar.] 1278 [1278. p. 219]. Documents read: 1. the collation by bp. Eustachius (confirmed by his chapter) of the church of Horningsey (except a perpetual vicarage of 100s.) to the hospital; 2. the collation by the 40 present bp. of Ely (confirmed by his chapter) of the vicarage aforesaid to the hospital 'ad sustentacionem pauperum et infirmorum ibidem confluentium.' A copy was given to the other side, 'de quibus pars altera se non curare dicebat.'

Seventh hearing. Friday after 'quasi modo geniti' [first Sun45 day after Easter] 1279, before the sacrist; Reginald was represented by Peter de Steping. The court was satisfied that the appeal of the hospital was in due form, that Andrew of Gyselham, refusing to listen to them, had taxed in the church a vicarage and assigned to

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