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)