RRR: Agreement/treaty
1877
year: 1221
initiator: Dominus Jacobus Acconensis episcopus and his canons
recipient: Garinus de Monte Acuto, master of the Hospital of St John
institution: Hospital of Saint John of Jerusalem
text: May 1-31. Damietta. In the presence of Cardinal Pelagius of Albano, the papal legate, the dominus Jacobus Acconensis episcopus and his canons and frater Guarinus de Monte Acuto magister Hospitalis agree to end the disputes between the bishop and his canons and the magister and brothers of the Hospital of St John of Jerusalem. (1) The bishop sought the payment of twentieths [half tithes] on 2 vineyards, one next to the town, the other a large vineyard that was planted by frater Americus de Pax beyond the garden belonging to St Mary of the Latins. An earlier charter of agreement had specified that twentieths should be paid to the bishop by the Hospitallers on the grain grown on land cultivated by them; and since payment had been paid to his predecessors of a twentieth of the grain crop on the greater vineyard that was now planted with vines, payment should be made on the wine. With respect to the other vineyard next to the city, the twentieth ought to be paid because although in the charter payment was to be made for grain, wine was not specifically excepted, and so ought to be included in the agreement. The magister and brothers of the Hospital of St John argued that they were not bound to pay twentieths on vineyards, first because grain and not wine was referred to in the charter and secondly because, although they were subject to canon law, they had the privilege of exemption from the payment of tithes. When, after being granted that privilege, an agreement was made to pay twentieths on grain, only grain was mentioned and no other produce, and payment now would seem to prejudice their rights. They were not bound to pay twentieths on the vineyard which is next to the town, because they were exempt by the charter from paying tithes on anything other than grain and grain had never been grown there. It had been a garden and tithes were not paid on gardens. (2) The bishop claimed a quarter of everything left intestate to the Hospital in the city of Acre, on the basis of a decretal of Pope Innocent [III]. The Hospitallers stated that their churches were immune from any episcopal yoke or service and enjoyed the fullest freedom and because of that immunity they were not bound to pay the quarter of intestate goods; and they were anyway protected by forty-year prescriptive right. (3) The bishop maintained that the brother chaplains and others ought not to visit his parishioners to confer the divine sacraments, unless the Hospital paid that quarter of intestate goods to the church of the Holy Cross, and he wanted to prohibit the brother chaplains and others in the city of Acre from preaching sermons in the churches of the Hospital. The Hospitallers replied that the churches of the Hospital ought to have the right to organize visitations and that the brother chaplains and others ought to hear confessions and take the body of Christ and go to the sick with a cross and enjoin penance on them in whatever parish of Acre they wanted, without seeking permission from the bishop of Acre, and to preach in Hospital’s churches and cemetery. The two parties now agreed the following. (1) The Hospitallers will pay the bishop of Acre the twentieths on the two vineyards, but will give nothing relating to the trees in the vineyards or to the fruit of the trees. Nothing will be paid from the produce of gardens, if those gardens are converted into vineyards, but payment ought to be made on uncultivated and deserted lands if vineyards are planted on them. (2) The bishop of Acre and the canons remit to the Hospitallers the quarter of intestate goods left to the churches of the Hospital in full and perpetual freedom. (3) The conventual prior of the Hospital and the other chaplains in the Hospital’s churches or cemetery can preach whenever they want to do so, but they cannot advertise their sermons on fixed days. They can visit the sick with cross and procession and hear their confessions in whatever parish they wish or in the house of the Hospital and bring them the Body of Christ and enjoin penance on them and provide those who choose burial with them with other sacraments. And since it is the office of the brothers of the Hospital to receive the bodies of the dead and the sick from the squares in the city and to bury the dead, they can bury them, unless they desire burial elsewhere, and they can transport the sick to their house whenever they wish to do so, unless the infirm themselves prohibit it. The gifts, alms, oblations, legacies and intestate goods received by the the Hospital, whether from those who choose, or do not choose, burial, and whether from pilgrims or parishioners, shall belong to the Hospital. When the brother chaplains and others of the Hospital and the chaplains of the bishop of Acre visit the sick they should advise them to make benefactions to the cathedral church of the Holy Cross and the house of the Hospital after their death, if they should so wish, before they are buried. The bishop of Acre will ordain the clerics presented to him by the conventual prior of the Hospital, as long as they have licence from their bishops and as long as the Order promises by letters patent, which the bishop will keep, that they will provide livelihood for these clerics in perpetuity. Cardinal Pelagius of Albano, Jacobus Acconensis episcopus and frater Guarinus de Monte Acuto Hospitalis magister confirm the agreement and affix their seals. Witnesses: of the canons of the church of Acre, Constancius decanus; Pelagius archydiaconus; Johannes precentor; Nicolaus thesaurarius, Anselmus; of the brothers of the Hospital of St John, frater Ferraudus de Barraz marescalcus; frater Golferius preceptor; frater Henricus hospitalarius; frater Poncius Boschant drapperius. [324]
May 1-31. Damietta. In the presence of Cardinal Pelagius of Albano, the papal legate, the dominus Jacobus Acconensis episcopus and his canons and frater Guarinus de Monte Acuto magister Hospitalis agree to end the disputes between the bishop and his canons and the magister and brothers of the... more
sources: Delaville Le Roulx, Cart Hosp 2:286-8, no. 1718 (RRH no. 945)
RRR: Agreement/treaty
2083
year: 1228
initiator: Cardinal Pelagius of Albano, the papal legate
recipient: Bishop of Acre and the Hospitallers
institution: Hospital of Saint John of Jerusalem
text: Mar. 4. Rome. Cardinal Pelagius of Albano rules on conflicting interpretations of his arbitration between the bishop of Acre and the magister and brothers of the Hospital of St John of Jerusalem of 1-31 May 1221. On the orders of the pope, who has intervened, the bishop and frater Rodericus procurator Hospitalis have sought Pelagius’s arbitration, promising to abide by his judgement. (1). The conventual prior and chaplains [prior et capellani] of the Hospital can confer penance, viaticum and extreme unction on those who at the time of their death choose burial in the Hospital, and they can say the Office of the Dead for them, but those who should choose burial with the Hospital in their lifetime are not exempted from the jurisdiction of the bishop and should receive all the sacraments from him and pay their parochial dues, except at the moment of death. The Hospitallers should take care not to persuade with promises, prayers and other means, parishioners whom they receive into confraternity to choose burial with them, but they should leave them to make their own choice freely. Nor should they receive women for Purification after childbirth. (2) The conventual prior and the chaplains of the Hospital cannot advertise in advance certain days specifically or generally on which they will preach to the people. (3) The Hospitallers are forbidden to withhold tithes if a dispute arises with the bishop. Any unresolved issue should be submitted to the judgement of arbitrators or representatives chosen by both parties. The Hospitallers have refused to pay the bishop tithes for the casalia of Beroeth and Coketh. They should not withhold them unless they can demonstrate that the tithes have been remitted by the bishop or that there is some other reason or that there is a legitimate exception allowing them to pay less. (4) The chaplains of the Hospital are accused of carrying away dead persons from the parishes for burial without proving that they had chosen burial with them, in spite of the prohibitions of the parish priests. The dead should be buried at the churches of which they were parishioners unless it can be demonstrated by the testimony of confessors or the wills of the dead, or it can be proved by other lawful witnesses, that they chose burial at the Hospital. (5) Sugar-cane is now grown on some lands which at the time of the agreement of 1221 were planted with wheat or barley. The Hospitallers have been refusing to pay tithes because, according to the tenor of the agreement and custom, tithes are not payable on sugar-cane. Pelagius rules that with respect to those lands which at the time of the agreement were sown with wheat or barley and are now sugar-plantations, the bishop should be paid the tithes he had been accustomed to receive when they were sown with wheat and barley.
Mar. 4. Rome. Cardinal Pelagius of Albano rules on conflicting interpretations of his arbitration between the bishop of Acre and the magister and brothers of the Hospital of St John of Jerusalem of 1-31 May 1221. On the orders of the pope, who has intervened, the bishop and frater Rodericus... more
sources: Delaville Le Roulx, Cart Hosp 2:382-3, no. 1911 (RRH no. 987)
year: 1241
initiator: Patriarch Albert of Antioch, the papal legate
recipient: Bohemond V, prince of Antioch and count of Tripoli and Petrus, master of the Hospital of Saint John of Jerusalem
institution: Hospital of Saint John of Jerusalem
text: Nov. 18. Tripoli. In the palais del evesque de Triple. Patriarch Albert of Antioch, the papal legate, records his sealed arbitration, which has been agreed by Bohemond, par la grace de Deu prince d’Antioche et conte de Triple, and frere Pierre de Vieille Bride, maistre de la sainte maison del Hospital de saint Johan de Jerusalem on behalf of his convent. The parties have been engaged in long dispute over the lordship of Mareclée and Chamel and its dependencies. The Hospital of St John of Jerusalem renounces in favour of Bohemond all rights it has over Mareclée and its lordship and Chamel, putting all the charters had from Prince Bohemond [IV] into the custody of the Hospital of St Mary of the Germans and promising not to raise the issues in any ecclesiastical or secular court. The maistre of the Hospital of St John and the prince have issued sealed deeds, confirming that Mareclée will be in the custody of the Hospital of St Mary until the heir comes of age. In return, Bohemond grants the Hospital of St John an annual rent of 1300 Saracen besants in Acre weight, to be paid quarterly and drawn on the prince’s rent [assize] on the chaene d’Acre, or, in case of failure, the fonde de Triple, or on the savonerie, or on the tanerie, or on the bocherie, or on all the rents inside or outside Tripoli. Bohemond will put the heir in possession of Mareclée, with Renaut Barlais as baill, and the heir will enjoy all the rights that his father Johan de Ravandal had at the time when he made fealty to the Hospital of St John for Mareclée. Bohemond promises not to molest the heir, Renaut Barlais and Renaut’s wife Agasse. Renaut will pay liege homage [fait ligesse] to the prince until the heir comes of age. When the heir is 15 years old he may subject himself either to the lordship of the Hospital of St John or to that of the prince; if to the prince, the maistre and brothers of the Hospital promise on their habit and arms [sur lur habit et sur lur armes] not to put pressure on the heir. Since matters will be restored to the state they were in when the dispute broke out, the prince will recover a rent of 1500 besants, 400 jarres of wine and casale Tolee. A rent of 1000 besants a year, held by the Hospital of St Mary of the Germans, will pass to Renaut Barlais, his wife Agasse and their heirs. In the presence of the patriarch and Prince Bohemond, the maistre of the Hospital of St John, together with frere Guillaume de Chastel mareschal, frere Guillelme de Fores chastellain de Margat, frere Arnaut de Mont Brun chastellain dou Crac, frere André Polin, frere Johan de Montgrison and frere Johan de Ronai comandeur de la maison de Triple, promise on behalf of their Order and on their habit and arms to maintain the agreement, as does Prince Bohemond in the presence of the maistre and his brothers. Both parties add their seals in confirmation. Guarantors: maistre Jofrey elit de Tabarie et chancellier d’Antioche; Johan fiuz dou seignor de Botron; of the chapter of the church of Antioch, maistre Moine; maistre Jacque; maistre Gerart; of the chapter of the church of Tripoli, maistre Hubert acedique de Triple et chanoine d’Antioche; maistre André chanoine d’Antioche et de Triple; Guillelme d’Yvorie chanoine de Triple; Oste chanoine de Triple; of the prince’s liege knights [chevaliers homes liges], B. sires de Botron; Thomas de Ham conestable de Triple; Amauri Saleman; I ..... Porcelet; Johan mareschal de Triple; Guillelme visconte de Triple; Thomas Arra; Johan de Gibelet; Johan de Farabel; Henri de Camardais; Paschal de Gibeau; and others; of the Knights Templar, P. de S. Romain grant comandeor; frere Richart de Bures chastelleins du Chasteau Blanc; frere Pierre de Marmont; frere Pierre d’Aramont le draper; of the brothers of the Hospital of St John, frere Gu[illelme de] Chastel Nuef mareschal; frere Guillelme de Fores chastellain de Margat; frere Arnaut de Montbrun chastellains dou Crac; frere André Polin; frere Johan de Montgrison; frere Johan de Rona[i comand]or de Triple; frere André de Foges l’avocat des assis de Triple; Ogier maistre chapellein; Damian maistre chapellein; Bertran Galaf; and others; of the Dominicans, frere Robert prior de Triple; frere ..... ; of the Franciscans, frere Gautier; frere Pascal; of [the monks of] Baumont, dans Thomas; dans Lantier le cellerier; of the borgois of Tripoli, Johan de Lambes; Roland Vivien; Bonacors Cismond; Guarin de N ..... ; Barteleme Rohard; and others.
Nov. 18. Tripoli. In the palais del evesque de Triple. Patriarch Albert of Antioch, the papal legate, records his sealed arbitration, which has been agreed by Bohemond, par la grace de Deu prince d’Antioche et conte de Triple, and frere Pierre de Vieille Bride, maistre de la sainte maison del... more
sources: Delaville Le Roulx, Cart Hosp 2:594-596, no. 2280 (RRH no. 1102)
RRR: Agreement/treaty
2422
year: 1243
initiator: Guillaume de Chastel Nuef, master of the Hospital of Saint John of Jerusalem
recipient: frere Pierre de S. Romain, comandeor [of the Knights Templar] en la terre de Triple
institution: Hospital of Saint John of Jerusalem
additional institution: Templars
text: May 31. With the advice of his convent on one side and on the authority of his maistre and advice of his brothers on the other, frere Guillaume de Chastel Nuef, mestre de la sainte meson de l’Ospital saint Johan, and frere Pierre de S. Romain, comandeor [of the Knights Templar] en la terre de Triple, record that they have chosen the brothers of the Hospital of St John of Jerusalem, frere Hugue Revel chastelain del Crac and frere Guillaume Chan, frere de l’Ospital, and the Knights Templar frere Richart de Bures chastelain de Chastelblanc and frere Reinaut de Claincort chastelain de Tortouse, to negotiate agreement over disputes between the Orders in the county of Tripoli and the lordship of Margat. The 4 arbitrators record that they have elected Johan de Farabel seignor del Pui as a fifth. They met to discuss the disputes relating to Crac and Chastel Blanc; in particular the dependencies of the chastel del Sarc and the chastel de la Colée. They agreed that the casalia [chasels] of Fonteines, la Mesquie and le Teres and the gastina of Asor should remain in possession of the Hospital of St John. The gastina of Genenn, the casale of Betire and the gastina of Reusemeine should remain in Templar hands. The boundary between these lands follows the watercourse [ruissel] of Forchie, which climbs as far as the hill [toron] of Lucan, passing another hill [toron] and descending in the midst of the cave de Asor to its far end and to a watercourse [ruissel] below the cave. With the advice and consent of his companion, frere Reinaut de Cleincort chastelain de Tortouse, Richart de Bures chastellain de Chastelblanc confirms and seals the agreement.
May 31. With the advice of his convent on one side and on the authority of his maistre and advice of his brothers on the other, frere Guillaume de Chastel Nuef, mestre de la sainte meson de l’Ospital saint Johan, and frere Pierre de S. Romain, comandeor [of the Knights Templar] en la terre de... more
sources: Delaville Le Roulx, Cart Hosp 2:602-3, no. 2296 (RRH no. 1111)
RRR: Eleemosynary grant
2434
year: 1243
initiator: Johan de Gibeleth
recipient: Hospital of Saint John of Jerusalem
institution: Hospital of Saint John of Jerusalem
text: Aug. 1-31. Johan de Gibeleth, the son of the late Guillaume de Gibeleth, records under seal that he has reached agreement with the Hospital of St John of Jerusalem, represented by frere Guillaume de Chasteauneuf maistre, over a dispute about the grinding [moiture] of his mill called the molin de la Mer, which the Order claimed he had given as an eleemosynary grant to its commandery [maison] in Tripoli. He confirms that the commandery [maison] in Tripoli can grind freely each week 100 marcibans of wheat, of the measure of the port of Tripoli, for the brothers, the sick and its household [mahnée], employing the first grindstone at the mill that it finds unused. If the full measure cannot be ground in one week, it can be made up the next, but should there be a failure through the fault of the brothers or their men, or because the mill breaks down, the amount cannot be recovered. Guarantors: Hue de Gibeleth; Johan de Farabel sire dou Pui; Hue de Balaiz; Johan Dedde.
Aug. 1-31. Johan de Gibeleth, the son of the late Guillaume de Gibeleth, records under seal that he has reached agreement with the Hospital of St John of Jerusalem, represented by frere Guillaume de Chasteauneuf maistre, over a dispute about the grinding [moiture] of his mill called the molin de la... more
sources: Delaville Le Roulx, Cart Hosp 2:604, no. 2298 (RRH no. 1113)