A letter from Honorius III, pope (4/10/1218)

Translated letter:

Honorius, etc., to his dearest daughter in Christ, Berengaria, formerly illustrious queen of the English. On your part it was put forth before us that since the bishop, dean, archdeacon, and chapter of Le Mans assert this to be the custom of the Le Mans church that if an ecclesiastical person summons a layman for whatever cause and declares himself despoiled and those things should be restored and he enjoy possession of the disputed thing, not withstanding any allegation of the layman, before bringing suit, without any cognizance, and it often happens that when you use your right, you take something or detain it over which they or some ecclesiastical person brings a dispute to you, they or some of them, unless you assign possession of the sought thing to the adversary according to said custom, though you offer the fulfilment of justice to the plaintiff where you ought, your arguments are not admitted, and they presume to promulgate sentences of excommunication and interdict against you or your men or your land. Since therefore such a custom ought rather to be called corruption, because it manifestly opposes written law, and the malice of men should not be indulged but rather opposed, we grant/indulge your devotion by the authority of the presents that if you should feel yourself burdened in these, you are permitted to appeal freely to the apostolic see. If anyone after such appeal lodged with the apostolic see should presume to promulgate sentences of excommunication or interdict against you or your land or your men, we declare them not valid, so that the clerics of your land may be able nonetheless to celebrate the divine [offices] and you to be present at them without opposition. To no one therefore, of concession and degree, etc.; if any, however, etc. Dated at the Lateran, 4th ides of April, in the second year [of our pontificate].

Original letter:

Honorius, etc., charissimae in Christo filiae Berengariae quondam reginae Anglorum illustri, etc. Ex parte tua fuit propositum coram nobis, quod cum episcopus, decanus, archidiaconus, et capitulum Cenomanen. hoc esse de consuetudine Cenomanensis ecclesiae asserant, quod si persona ecclesiastica super quacumque re laicum quemquam conveniat, et se spoliatam illa proponat, ante litis ingressum, sine cognitione aliqua, debet restitui, et rei litigiosae possessione gaudere, allegatione aliqua laici non obstante, ac saepe contingat, quod cum tu uteris jure tuo, aliquid capis, vel detines super quo tibi movent ipsi vel aliqua persona ecclesiastica quaestionem, iidem, vel eorum aliqui, nisi juxta dictam consuetudinem adversario petitae rei possessionem assignes, licet conquerenti te offeras, ubi debueris exhibituram justitiae complementum, tuis rationibus non admissis, in te, vel homines, vel terram tuam excommunicationis, et interdicti sententias promulgare praesumunt. Cum igitur hujusmodi consuetudo dici debeat potius corruptela, eo quod manifeste obviat juri scripto, et non sit malitiis hominum indulgendum, sed potius obviandum, devotioni tuae auctoritate praesentium indulgemus, ut si te in his praesenseris aggravari, libere tibi liceat Sedem Apostolicam appellare; quod si quisquam post appellationem hujusmodi ad Sedem Apostolicam interpositam in te vel terram seu homines tuos excommunicationis, vel interdicti sententias praesumpserit promulgare, ipsas decernimus non tenere, ita quod clerici terrae tuae propter hoc nihilominus divina celebrare valeant, et tu eis sine contradictione qualibet interesse. Nulli ergo nostrae concessionis et constitutionis, etc.; si quis autem, etc. Datum Laterani quarto idus aprilis, anno secundo.

Historical context:

The letter deals with jurisdictional disputes in Le Mans between churchmen and the queen. She and bishop Maurice clashed over the right to collect certain revenues and interdicts were imposed on the city (see Trindade, Berengaria, 164ff). The pope recognizes a problem, asks her to appeal improper action on the part of the church to him, and declares excommunications against her, her land, and her people invalid, but he does not resolve the dispute. In 1217, Honorius had written to the archbishop of Tours and the bishop and chapter of Le Mans telling them not to pronounce a sentence of excommunication against the former queen, but to show kindness and gentleness to her, her men, and her land, as befitted ministers of Christ, RHP III, #243. On April 21, 1218, he wrote to the abbot of Josaphat and canons of Chartres, telling them to revoke the sentence and to investigate what power the chapter that claimed jurisdiction in the disputed town exercized and tell them the pope was dealing with it (RHP III, #1247). The dispute and the pope's interventions continued for many years, see RHP III, #4215, January 24, 1223, in which he asks the deacons and the cantor of Orleans not to permit Berengaria to be harmed by sentences of excommunication against her, her men, or her land, saying they can be excommunicated only by the holy see; and #4235, January 31, telling the abbot of St. Peter de Valle of Chartres and canons of Le Mans to end the case on the dispute, having heard and read the evidence, and send their investigation to the holy see; and #4237, February 1, describing the queen's being refused entry to the cathedral, but hearing services at the rival chapter.

Printed source:

Horoy, Honorii III Opera, Epistolae, 2.192.

Date:

4/10/1218