1461[–2].
7 Kal. Feb.
(26 Jan.)
St. Peter's, Rome.
(f. 205.) |
Confirmation etc., as below. The petition of the present prior and convent of the Augustinian monastery or priory of St. Bartholomew the Apostle in West Smythfeld in the suburbs of the city of London contained that less than a hundred years ago (fn. 9) (upon a grave dissension a rising between the then prior and convent of the said monastery or priory and the then master and brethren of the hospital, also of St. Bartholomew, in the said suburbs, of the said order, about the celebration of the election of the master of the said hospital and the confirmation thereof, the reception of the brethren and sisters, the making of preachings [for the collection of alms] by the brethren of the said hospital, the correction of the brethren thereof, the alienation of its goods in accordance with the sacred canons, processions and the mode of making procession, (fn. 10) offertories, keeping an image (fn. 11) of St. Bartholomew, the celebration of feasts, having cemeteries and choosing burials, and many other articles or discords and differences) the said then prior and convent and master and brethren had recourse to the late Simon bishop of London as arbitrator, who promulgated his award about the said differences; after which, as the said petition added, upon certain differences arising afresh about the foregoing and many other articles, between the present prior and convent and master and brethren, they mutually consented that three laymen (fn. 12) skilled in the laws of the realm of England should compose the differences about the said articles, modifying, changing, ordaining etc. as they should think fit, which said laymen (fn. 13) made a number of such modifications, changes and ordinances, etc.: all which things are more fully contained in the authentic letters of the said bishop Simon and laymen, a copy (fn. 14) of which letters, subscribed by a notary and fortified with the seal of the official of the episcopal court of London, the pope has caused to be diligently inspected and examined and inserted in these presents. The pope therefore, at the petition of the present prior and convent of the said monastery or priory (who allege that the said award has been approved (fn. 15) , and that both they and the said master and brethren, solemnly binding themselves to abide by the said arbitrament or composition of the said laymen, have set or allowed to be set to the letters thereof their authentic seals, as a sign of ratification and confirmation) hereby approves and confirms both the award of the said bishop and the arbitrament or composition of the said laymen, and all things contained in the said copy, and the consequences thereof, and makes good all defects both of law and of fact, even proceeding from the persons of the said laymen or otherwise, and orders the abbots of St. Albans and St. Peter's, Westminster, and the official of Canterbury to cause the said award and arbitrament and composition, and all things contained in the letters of the said bishop Simon and laymen, or in the said copy thereof, to be by both the said parties inviolably observed. The pope exemplifies the tenour of the said copy, as follows:—
Universis sancte matris ecclesie filiis etc., of John Druell, I.U.D., official of the bishop's consistory of London, certifying that in his presence, sitting as a tribunal in the chapter-house of the monastery or priory of St. Bartholomew the Apostle in West Smythfeld in the suburbs of the city of London, sir Reginald, prior of the said monastery or priory, has appeared in person and exhibited and presented and delivered to the said official three sealed letters on behalf of the said prior and his convent, bearing all the marks of genuineness, the tenours of which are written below (namely, (i) indented letters about a certain ordinance or amicable composition made between the prior and convent of the said monastery or priory of St. Bartholomew, of the one part, and the master and brethren of the hospital of St. Bartholomew, London, of the other part, by the late Simon bishop of London, sealed with his oblong seal in red wax, the common seal of the dean and chapter of St. Paul's, London, in green wax, and the common seal of the said hospital in red wax, and signed and fortified with the sign [-manual] and subscription of the late Thomas de Baketon, (fn. 16)
clerk, of the diocese of Norwich, notary public by papal authority; (ii) an obligation and a certain condition written on the back thereof, made by Sir John Glakbeed (rectius Blakberd, cf. below), master of the said hospital and the brethren thereof, to the aforesaid sir Reginald, prior of the said priory, (fn. 17) and sealed with the common seal of the said master and brethren; (iii) letters indented about a certain arbitrament, ordinance or award delivered between the said present prior and convent, of the one part, and the master and brethren, of the other part, by John Maerkham, serjeant-at-law, Nicholas Assheton and Thomas Burgon, arbitrators, sealed with their seals and with the common seal of the said master and brethren in red wax), and has petitioned the said official, inasmuch as prior Reginald and his convent had need to present and exhibit and use the said three sealed letters, of which they had not duplicates, in the Roman court and divers other parts, and inasmuch as the said prior feared lest they should perish whilst travelling about for the purpose of such presentation etc., to inspect and examine them, and, if he found them to be in no respect suspect, to order them to be by the under-written notary copied, exemplified, transcribed and drawn up in public form, so that the same credence shall be given to such copy as to the said original three sealed letters, the tenours of which are as follows:—
(i) the letters Universis sancte matris ecclesie filiis
… Bonum pacis et concordie of Simon bishop of London, dated in his palace at London, 11
April, 1373, the 12th year of his consecration, in the presence of Thomas de Bakecon (ill written, rectius Baketon), clerk, of the diocese of Norwich, notary public by papal authority, together with brother Andrew de Axolstede (ill written, rectius
Halstede), sub-prior of the said house of St. Bartholomew, brother John Langdich, a canon of the same place, brother Richard (Ricon, rectius Ricardo) Mewell (rectius Orewell) and brother Richard (here Ricon, rectius Ricardo) de Sutton, of the said hospital of St. Bartholomew, etc., as in Cal. Papal Lett., vol. x, pp. 642–646 (fn. 18) ;
(ii) an obligation by John Blahberd (rectius Blakberd), master of the house or hospital of St. Bartholomew in West Smythfeld, London, and the brethren thereof to pay 100l. sterling on the next feast of St. Peter in Vincoli to Reginald Colyer (cf. below), prior of the priory of St. Bartholomew in West Smythfeld, London, or to his successors, sealed with the common seal of the said master and brethren and dated in their chapter-house on the last day of June in the 20th year of Henry VI (1442); the condition of the said obligation being as follows:—that if the below-written master and brethren and their successors shall abide by and obey the arbitrament, ordinance and judgment of John Markham, serjeant-at-law, Nicholas Assheton and Thomas Burgon, arbitrators chosen on behalf alike of the said master and brethren and of the below-written prior and convent, in the matter of all actions etc. between the said master and prior, and if the said master and brethren and their successors shall in all respects fulfil the same (provided that the said arbitrament etc. be made and rendered in writing under the seals of the said arbitrators before 7 July next to come), the present obligation shall be null, but if not, it shall remain in all its force;
(iii) letters indented, addressed openly and dated on 5 July in the below-named year (20 Henry VI), of John Markham, serjeant-at-law, Nicholas Aysshton and Thomas Burgon, arbitrators between Reginald, prior, and the convent of the priory of St. Bartholomew in West Smythfeld, London, of the one part, and John, master, and the brethren [and sisters] of the house or hospital of St. Bartholomew in West Smythfeld, London, of the patronage of the said present prior and his predecessors, of the other part, about certain articles contained in a composition made between the predecessors of the said parties by the late Simon bishop of London, and about a certain modification thereof made [by the late] Richard, late bishop of London, the said letters setting forth that each party has bound itself by an obligation under their common seals, dated on the last day of June in the 20th year of Henry VI (1442) to abide by and obey the arbitrament, ordinance and judgement of the said arbitrators, which arbitrament etc. is as follows, viz.:—That inasmuch as a contention and dissension has arisen between the said parties about the guardianship of the said hospital, then void, and about the creation, election, presentation and induction of a new master thereof, … at each voidance of the hospital, as in Cal. Papal Lett., IX, pp. 712–713. As regards the oath of obedience and fealty of the master and of fealty of his brethren and sisters, as specified in the said composition of bishop Simon, they award, ordain and judge that the same shall be in all respects observed as in the said composition. They award, ordain and judge that every year in future on the feast of St. Bartholomew, namely on 24 Aug., two brethren of the hospital shall meet in the choir at the conventual church of the priory, and when the procession begins shall walk with the prior and convent, wearing silk cappas from the vestments of the prior and convent or their own, as may seem good to the prior for the time being, in the following manner, namely, that whilst the procession lasts one of the said two brethren shall walk on one side of it, and the other on the other side, immediately
before the first priest canons of the procession if the said brethren be priests, and if they be not priests they shall walk in the procession according to the discretion of the prior and his successors, that likewise two boys of the hospital, chosen by the master and wearing surplices, shall carry in the procession two wax candles of the weight of two pounds each, at the cost of the hospital, which boys shall walk in the procession near the cross, along with other persons who bring candles to the prior, and that at the end of the procession in the choir the same two brethren shall at once take the said two candles from the hands of the said boys, bear them to the high altar and devoutly offer them there to God and St. Bartholomew, which things having been done and ended they may return home at their pleasure. (fn. 19) As to the guardianship of the hospital during voidance they award etc. that as often as the hospital is without a master the prior of the priory, or in case of voidance of the priory the sub-prior, shall repair to the hospital and commit the guardianship and administration of its goods to the more approved (probabiliori) and discreet brother thereof, according to the discretion of the said prior or sub-prior, to guard and govern the hospital well and faithfully, etc., without any other claim etc. being made by the said prior or sub-prior during such voidance. And as regards all other articles specified in the composition of the said Simon and not recited in the present (in isto) indented writing, they award etc. that there shall be observed in all respects as is contained in the said composition. Further, they award etc. that the master and brethren shall for themselves and their successors renounce and cancel the said letters of modification made by the said Richard, late bishop of London, and the papal letters or bulls impetrated in the matter thereof, and all remedies at law etc. arising from the said episcopal or the said papal letters and bulls. Moreover, the said prior and convent shall remit and quit-claim, for themselves and their successors, all manner of personal actions and demands had before the date of the said obligations, which they could have had or recovered against the said master, brethren [and] their servants, proctors, factors etc., specially to the following persons, namely, John Blakbord alias Wakeryng, clerk, Richard Mannyng’, clerk, John Kermardyn, clerk, Richard Hadelsey, notary, and John Lord, notary, and the said master and brethren shall remit and quit-claim, for themselves and their successors, all manner of personal actions and demands had before the date of the said obligations, which [they could have had or recovered] against the said prior and convent and their servants, specially to the following persons, namely, William West and Robert Barley. And for the good and faithful fulfilment of all the aforesaid, on the part of both the prior and convent and their successors and the master and brethren and their successors, they mutually bind themselves, for themselves and their successors, the one party to the other, by these presents. In witness whereof alike the aforesaid arbitrators have set their seals, and the said prior and convent and master and brethren have set their common seals, alternately, to the present indentures, dated at London, 5 July, 20 Henry VI. |