The Spanish Church and the Papacy in the 13th Century
Spaniards at the Curia, 2
 Towards the end of May 1239, at a time when the critical situation of the Roman Church was keeping them fully occupied, two cardinals -- James Pecoraria and Richard Annibaldi -- were set to work as research assistants by Archbishop Rodrigo of Toledo. If the Roman Church was about to be drowned in the Tiber by the Emperor Frederick then Rodrigo's duty was perfectly plain to him: he must keep his powder dry. After all, popes and emperors came and went, but the primacy issue in the Peninsula remained. So -- fortunately for Toledo, as it happened -- the archbishop acquired copies of various twelfth-century privileges of his church and engaged those two busy men to scour the Register of Innocent III, 'ne regestis ipsis perditis casu fortuito aut vetustate consumptis, ius ecclesiae continigat cum pereuntibus deperire'. And, obligingly, they did as they were asked.(1) Coming from Rodrigo, such a request was not remarkable. All that was remarkable about it was that it was addressed to that particular pair of cardinals rather than to the Spanish cardinal deacon of Ss Cosmas and Damian, Gil Torres, for very little happened in the Spanish Church or to Spanish churchmen at Rome with which Cardinal Gil was not acquainted. From 1217, when Honorius III brought him from Burgos to Rome, until his death on 11 November 1254, Gil Torres was, literally, Spain's man at the Curia.(2) In May 1234 the canons of Tarragona had tried, unsuccessfully, to bring him back as their archbishop; and so, in 1247, did the canons of Toledo. But Innocent IV would not part with that tower of strength - 'columpna firmissima' - and the cardinal stayed at the Curia.(3)
 And that, virtually, is the sum total of certain knowledge about him. 'La figura de este Cardenal español no es aún hoy plenamente conocida', wrote Mansilla in 1945, since when no advance has been made.(4) There are misconceptions, though, in abundance: that he was a canonist of note,(5) of Portuguese origin(6) or, rather more plausibly, 'natural de Burgos',(7) and that his family came from the Rioja area;(8) all of which must be dispersed in favour of what may be verified, just as he himself insisted that the smell of charcoal should be dispersed from Ávila Cathedral so that the odour of the incense might be appreciated there.(9) Other than that his humilis clericus João de Deo dedicated the Notabilia cum Summis super Titulis Decretalium to him, there is no reason for connecting him either with canon law or with Portugal(10) -- except in so far as every thirteenth-century cardinal had, perforce, to be something of a canonist -- unless Zamora be considered part of the kingdom of Portugal. For, while Gil Torres had contacts in every Castilian and Leonese cathedral church, it was with the church of Zamora that his links seem to have been strongest. He established an anniversary there for his parents and his sister;(11) he persecuted the bishop and chapter with his favours;(12) and, according to his near-contemporary, the Franciscan polymath, Juan Gil de Zamora, he was an authority on the etymology of the place-name.(13) Possibly,  therefore, that was where he hailed from -- but only possibly, for contemporary estimates of Cardinal Gil are not necessarily to be trusted. Matthew Paris, for example, gave him a favourable obituary notice, praising him for having remained aloof from curial skulduggery during his lifetime.(14) What had earned him the rare distinction of kind words from that improbable source, though, was clearly less a European reputation for probity than the fact that quite recently he had spoken up for Robert Grosseteste and had had the grace to acknowledge that there was much truth in the bishop of Lincoln's criticisms.(15) That Gil was no paragon, however, Grosseteste himself was aware. While he had still been archdeacon of Leicester he had been asked to provide the cardinal's nephew with a benefice, and, as bishop, he had responded to another such request from the Spaniard with one of his famous terrifying letters.(16) Perhaps it was remorse that caused Gil to spurn the system towards the very end of his life when, in 1254, he declined to act as executor for the archdeacon of León, Rodrigo Pérez, though there are other explanations for his behaviour on that occasion,(17) and he had certainly shown no such tender feelings before.
In 1229, for example, Cardinal Otto of Montefaltro, legate in the Low Countries, forced the church of Verdun to provide Gil's nephew, Master Esteban, with a benefice. Esteban of Husillos was a great collector of benefices.(18) The salient detail, though, is that with his uncle's help he was accumulating his fortune in this way while John of Abbeville was busy trying to eliminate such practices in Spain itself.  For the Spanish cardinal had very little in common with that idealistic Frenchman. Though he was well aware of the evil consequences of clerical concubinage and mentioned them in his constitutions for Salamanca, Ávila and Plasencia, he spared his countrymen the tedious diatribes on the subject for which John is remembered, and in 1251 was responsible for the suspension of the legate's energetic measures against the abuse.(19)
Gil justified that decision in medical imagery; and he was, in Innocent IV's estimation, very highly skilled at that level.(20) On his promotion in 1217 he had at first acted as the junior partner of his fellow-countryman, Pelayo Gaitán, cardinal-bishop of Albano, who until then had been the chief refuge of Spaniards at the Curia.(21) The pair of them worked together as auditors of cases concerning the peninsular churches until Pelayo's death in January 1230, by which time Gil had acquired sufficient experience to take over the practice himself.(22) He completely outshone the other Spanish cardinal, Guillermo the ex-abbot of Sahagún, whom Innocent IV appointed to the title of the Twelve Apostles in 1244. Guillermo was very infrequently mentioned.(23) Gil was the great luminary to whom  Spaniards had recourse when they came to the Curia, and by whom, as early as April 1218, Afonso II of Portugal was persuaded to grant tithes to the prelates and dioceses of his kingdom.(24) Even before Pelayo's death visiting bishops and clergy gathered around Gil: at Perugia in June 1229 he had a houseful of them.(25) He was auditor of their lawsuits;(26) he lent them money(27) and arranged loans for them;(28) he supported their petitions, by, for example, writing to the Cistercian General Chapter;(29) and when they died there he acted as executor of their wills.(30)
Apart from casual visitors, there were also the permanent fixtures -- the proctors of the Spanish churches whose names and initials are found on the back of papal rescripts. Not every church, of course, retained a permanent proctor.(31) Some Cistercian houses, for example,  acquired their copies of common privileges through neighbouring abbots or members of the Order who had particular reasons for visiting the Curia. When the abbot of Rioseco (Burgos), Pedro Garcés, was at Perugia in June 1235 he obtained privileges not only for his own house but also for Gumiel;(32) and in 1250 Fernando Rodríguez did the same for the nuns of Villamayor (Burgos) and the monks of Palazuelo (Palencia).(33) Alternatively, the services of Italian professionals could be hired. The Spanish Cistercians were served by a number of these -- including the tireless Pietro de Assisi, the proctor general of the Order who was 'perhaps a succession of men acting under one name';(34) Jorinus O. Cist., whose sign was the head of a man wearing something rather like a trilby hat;(35) P. B. Cist., whose mark was a coxcomb;(36) Cardinal John 'of Toledo', the Englishman;(37) and many others.(38) Master Leonardo of San Germano protected the interests of the Augustinians of Roncesvalles, and in 1247-8 made himself heard at least three times, challenging the issue of bulls confirming the property rights of the Cistercians of Fitero and Poblet and of the church of Toledo.(39) He, evidently, was an Italian. But it is not always clear whether a proctor who is known only by  his initials or his Latin name was a Spaniard or not. Such is the problem with Petrus Berengarii who, on behalf of Bishop Andrés of Valencia, appeared before the auditor contradictarum, John of Camecano in December 1251,(40) and between 1257 and 1277 acted for various Spanish clients -- Poblet, the king of Aragon, the archbishop of Toledo and the bishops of Pamplona and Zaragoza.(41)
Many churches, however, kept their own man at the Curia; and, as the century advanced and bishops grew ever more anxious to preempt papal provisions by prompt action,(42) the number of these increased. In the 1220s Bartolomé de Arguedis was there on behalf of Toledo, and acted for Ávila and Palencia also. He received papal permission to draw the income of his benefices in absentia,(43) and after his retirement and return to Toledo was, perhaps, called upon by the archbishop on occasions when his curial contacts and experience might prove useful.(44) His successor was Fortunius who took charge of virtually every Toledo rescript issued between May 1234 and March 1247,(45) and represented the collegiate church of Tudela also.(46) This was hack work, and only very rarely is Cardinal Gil's name found on  papal rescripts.(47) But it was minions like Fortunius who became his chaplains, received his protection and owed their advancement to his patronage.
Some idea of the composition of his familia may be gained by comparing the lists of Spaniards who witnessed his judgements of July 1248 and February 1250, in favour of the twelve priests of Gerona and the bishop of Astorga respectively.(48) On the first occasion there were ten of them, apart from the three interested proctors: Master Soeiro dean of Lisbon; two Burgos dignitaries, the archdeacon Master Juan Mateo, and Domingo Pérez, abbot of Castrojériz; the cardinal's chamberlain, Pedro Yáñez, archdeacon of León; Master Bernardo, canon of Compostela, and Master Martín Gómez, both papal chaplains; the chamberlain -- and future archbishop -- of Tarragona, Benito de Rocaberti; Master Pascal Cornelio; Master Lope, canon of Toledo and chaplain of Cardinal John 'of Toledo'; and Master Raimundo 'rector de Reddis'. Eighteen months later some of these had gone,(49) and others had taken their place. The bishop and cantor of Ávila, Martín Pérez, and the Cuenca archdeacons,  Martín Gonzálvez and Domingo Pérez, were there presumably in connexion with the preparation of the cardinal's constitutions for their churches. The bishop of León and Fernando Abril, canon of that church, also had their reasons for being present.(50) The magister scolarum of Astorga, Nuño Velázquez, however, and two who remained from July 1248 -- Gil's chamberlain, Pedro Yáñez, and the abbot of Castrojériz -- were members of the permanent staff.
Nuño Velázquez was the León proctor, and by following his career -- which can be done in some detail -- it is possible to offer some conclusions about the effect on the Spanish Church of others of his ilk. He is already known to readers of historical footnotes as the victim of a student prank at Vercelli who, the morning after the night before, was reminded that while in his cups he had promised to join the Dominicans and was required to hand over his property to them.(51) He was already magister scolarum of Astorga(52) at the time of this uncharacteristically intemperate escapade which, ironically, marked the beginning of his rise in the world since, on coming to Rome in order to clear his name, he became one of Cardinal Gil's clerici. By November 1246 he was pressing his claim to an Oviedo canonry and the prebend of San Millán 'quod quondam Agnes amita eius obtinuit'.(53) It was not his first visit to the Curia. The chapter of León had sent him there in November 1238 to secure confirmation of the election of Bishop Martín;(54) and, despite his Oviedo canonry and another at Palencia to which he was provided in February 1253, it was for that church -- León -- that he acted as proctor,(55) and from  León that he received a further benefice in November 1252 -- through the intervention of the cardinal's nephew, Esteban de Husillos.(56) Yet another benefice was awarded him in the following January, on which occasion he took the precaution of insuring his León rents by resigning them to the papal notary John of Capua and receiving them back again.(57) By March 1259, when he made a will, he had added the León archdeaconry of Çea to his hoard and acquired extensive property elsewhere.(58)
Nuño's successful career owed a very great deal to Cardinal Gil's assistance in securing benefices not only at León but also at Oviedo and Palencia where the magister scolarum of Astorga was one of those alieni whom the cardinal's constitutions elsewhere declared unacceptable. Another who profited in the same way, though rather more modestly, was Gil's chaplain, Master Pascal Cornelio, who by July 1250 was possessed of canonries both at Toledo and Burgos.(59) Meanwhile Pedro Yáñez, the cardinal's chamberlain, had fared (arguably) better. Gil possibly inherited Pedro, together with the Castilian brief, from Cardinal Pelayo.(60) By February 1250, though, he was rid of him, for Pedro had become bishop of Córdoba.(61)
 By then the church of Segovia also had been made aware of the pernicious consequences of the ability of certain Spaniards whose merits attracted the attention of pope or cardinal, for their proctor, the archdeacon of Cuéllar and papal chaplain, Master Nicolás, was receiving from them an annual pension of five hundred maravedís which had been declared sacrosanct during the reorganisation of the church's finances in 1245-7.(62) He therefore had ten times what a canon of Segovia was allowed, quite apart from the revenue of his archdeaconry.(63) And, what was worse, he came from Burgos.(64) Master Nicolás was no less alienus -- and he was considerably more expensive -- than the Italian, Petrus Gaietanus, to whom in June 1246 the dean and chapter had assigned an annual pension of eight marks.(65) Moreover, since Petrus Gaietanus was a chaplain of the cardinal-bishop of Albano who at this time had a hand in the collection in Castile of the taxes levied by the Lyons Council,(66) the eight marks may have been very well invested. The archbishop-elect of Toledo, Juan de Medina, certainly regarded the annuity which he settled on Petrus Gaietanus before leaving the Curia as an investment. He said so.(67)
 Had he lived, he would have been disappointed, though, as his church and the church of Segovia were, and have discovered the snag about such arrangements. For when Petrus Gaietanus was promoted to the see of Todi in 1252 his benefices (but not necessarily his loyalties) were transferred to the vice-chancellor of the Roman Church, William of Parma.(68) Still, the same risk was attached to the benefices of Spaniards at the Curia. When the abbot of Castrojériz, Domingo Pérez -- the Burgos proctor and familiar of Cardinal Gil(69) -- died there, his abbacy (which normally was in the bishop's gift) together with the four hundred maravedís income which Gil's Burgos constitutions had annexed to it, were assigned by the pope to a protégé of the king of Castile, Fernando Velázquez, to finance him for five years at the Schools.(70)
Fernando Velázquez came from Segovia and was to become its bishop in 1265; so the transaction contained an element of rough justice, considering what Burgos, in the person of Master Nicolás, had received from Segovia.(71) But it is unlikely to have appeared thus to the parties concerned. Indeed, experiences of this sort seem to have led the Castilian churches to reconsider their policy of allowing their proctors at the Curia, whether nationals or foreigners, to retain vulnerable benefices. In the past churches had sought assurances that their control of such benefices would not be prejudiced by the death at Rome of their curial occupants.(72) By mid-century, though, they  were adopting different tactics and imitating the action of the beaver. It is noticeable that the church of Toledo did not appoint a successor in the style of Fortunius, but preferred to employ Italians and to pay them from time to time in cash -- cash which the Italians were prepared to wait for and even understandingly to forego altogether.(73) This was a prudent policy to adopt, even before Licet Ecclesiarum defined the risks involved in 1265; and its wisdom was demonstrated in 1263 when Vivián the bishop-elect of Calahorra arrived at the Curia as spokesman of the Castilian Church and, though he was no innocent there, was relieved of the archdeaconry of Guadalajara which he had occupied at the time of his promotion.(74)
Unless one were an Archbishop Juan Arias with a genius for getting someone else to support one's proctor, the only other possible solution was that of Archbishop João of Braga who kept Johannes de Pinello waiting for payment until his will was proved.(75) This method of retrospective settlement was also favoured by Bishop Pedro of Zamora at the end of the century,(76) but while it may have worked  well, given a clear understanding between the parties, with substantial proctors who had a large clientele, lesser men were greatly inconvenienced by being treated by their employers as long-term creditors. There is at Tudela a particularly interesting letter sent sometime during the 1290s(77) to the dean and chapter of that church by their proctor Berenguer de Açanis, the agent between 1281 and 1300 of various Castilian and Aragonese interests.(78) It is the proctor's lament. Ever since his master, the bishop of Tarazona, had recommended them to him -- he chided his clients -- he had worked unsparingly for them. He had been a model servant, working away from them like nobody's business; but all for absolutely no return.(79) He had done battle with three 'great lions' (by which he meant his fellow proctors, one of whom was Aragonese(80)) who had been baying for the salaries  due to them from Tudela, and when one of them had lost patience and taken the matter to court he had told an effective sob-story on his clients' behalf and got the better of the plaintiff -- whom he had then paid out of his own pocket.(81) Ditto the other two; on which account he was worse off to the tune of thirty-four gold florins. And what had the dean and chapter sent him in return? Airy nothings; no cash. This really would not do. He couldn't offer his creditors air as payment, such as they seemed to think they could offer him. It had been going on now for five years.(82) Even their instructions to him were: hopelessly vague. Had they no idea? They weren't much help. What he had to put up with!(83)
They were hard of heart, he concluded, like Pharoah.(84) So, not unreasonably, he and others in his position took their cue from the Israelites and shifted for themselves as best they might, attaching themselves to any ranking curialist who might be of assistance, and preferably to a cardinal. Others too, who were not proctors but were anxious to jump the queue for benefices, sought patrons, and though the associations thus formed brought them into contact with a wide range of non-Spanish dignitaries, the two most sought-after cardinals down to 1254 were, not unnaturally, Pelayo Gaitán and Gil Torres. With the help of one or other of these, scores of petitioners secured provision to cathedral and collegiate churches throughout the Peninsula, John of Abbeville's anti-pluralism legislation notwithstanding.(85) For the favoured individuals the system was a blessing. But  for the corporations to which these individuals belonged it was deplorable -- deplorable, that is, when other individuals turned it to their advantage. Thus deprived of their rights of collation, bishops and chapters protested; and none protested more vigorously than the bishops and chapters of the two churches with which Pelayo and Gil were most intimately connected, the churches of León and Zamora respectively.
When Honorius III conferred the León prestimonium of San Martín del Valle on the magister scolarum of León, Pelayo's nephew Juan Galvani, in February 1220, he urged Bishop Rodrigo to bear in mind the tremendous advantages which that church derived from having a cardinal at the Curia, and so to admit Juan Galvani with good grace.(86) Evidently the bishop was in some need of persuasion. He was not impressed by the allegedly charismatic cardinal, who was at the time not at the Curia but in Egypt leading the Fifth Crusade to disaster, and had been giving the cardinal's friends and relations an uneasy time.(87) And, sure enough, in July 1223, when the bishop had attempted to elude the pope's reservation of an archdeaconry there and to curry favour with Pelayo by assigning it to Juan Galvani,(88) the benefits of the cardinal's friendship proved entirely nugatory. Rodrigo was made to accept a set of constitutions of Pelayo's concoction, was suspended for two years from the collation of benefices in his church, and was convicted of being 'negligent, tepid and remiss'.(89)
Pelayo had high hopes for his nephews, both in Church and State. In November 1216 Honorius III had suggested to Alfonso IX of León that Juan Galvani be made chancellor of the kingdom in recognition of his uncle's services to the king;(90) and while Pelayo was  away on Crusade, Cardinal Thomas of Capua had written in similar terms, 'rogans quatinus quem ad patruum geritis, in nepote monstretis affectum', the nepos on this occasion being one P. -- possibly P. Aurie whom the pope legitimised in September 1217.(91) By October 1232 P. Aurie was dean of Salamanca; Juan Galvani was dean of Compostela; Pedro Arias, another nephew, was dean of León; and their uncle was dead. His death, indeed, had produced a determined campaign against them which Gregory IX condemned as 'hateful ingratitude', particularly since its leaders were themselves protégés of Pelayo Gaitán and -- 'veluti manuum suarum factura' -- ought to have had greater respect for his memory.(92) The pope assured the deans' persecutors that Pelayo Gaitán was still a name to conjure with: at Rome his memory lingered on.(93) So, for that matter, did it linger on at León. But it was not a particularly happy memory. For Juan Galvani was still magister scolarum, as well as being dean of Compostela;(94) and when Pedro Arias died his prestimonia were to pass to another cardinal's nephew who was not even a Spaniard.(95)
The León prestimonium awarded to Juan Galvani in February 1220 was vacant on account of the election of the archdeacon of León, Martín Rodríguez, to the see of Zamora three years before.(96) Zamora in 1217 was in a state of both spiritual and temporal collapse after twenty-three years of misrule by Bishop Martín Arias.(97) But the new bishop was not allowed to reorganise his chapter's affairs, for Zamora was blessed with the curse of Cardinal Gil and through him the provision of benefices to his relatives and dependents was immediately short-circuited.(98) Collectively the bishop and chapter offered resistance, which elicited from Honorius III letters of reprimand akin to those sent to León. Surely -- he observed on three separate occasions -- they ought to welcome the opportunity of showing their gratitude  to the cardinal whose chief anxiety was to enhance their state. They should meet with his wishes cheerfully -- ylariter -- instead of defying apostolic mandates.(99) Instead, however -- again collectively -- they framed a set of constitutions which sought to prevent such intervention in their affairs. In certain respects their legislation foreshadowed the cardinal's own constitutions of the late 1240s, though they hesitated to adopt his central principle of separate endowments for bishop and chapter.(100) Not until 1266 did they take that step, in the form of a divisio of their resources arbitrated by the dean of Compostela, Fernando Alfonso, and a solemn undertaking that neither party would admit anyone to membership of the church without the agreement of the other, under any circumstances.(101) Prior to that agreement their attitude to the entire system of papal provision -- and to Cardinal Gil as a feature of that system -- was ambivalent and typical of the thirteenth century: as a body they deplored it while as individual members of that body they made thorough use of it.(102) Thus Bishop Martín Rodríguez protested to Gregory IX that the last thirteen benefices in his church had been disposed of by John of Abbeville and the two Spanish cardinals; that in thirteen years as bishop he himself had not been permitted to appoint to a single full prebend; and that the local clergy, whose ancestors had endowed the church, were passed over in favour of extranei and peregrini. But in each case the outcome was that he was authorised to fill vacancies himself, the chapter's shared rights of collation were set aside, and such clergy as did not enjoy his favour once more sought the assistance of Cardinal Gil.(103) For their part, the dean and chapter sent letters to the pope claiming that their bishop was bent on destroyin1g the church of Zamora, and offered them 'non beneficia sed maleficia, non gratiam sed iniuriam'.(104) While each side looked to Rome and the  cardinal for some advantage over the other, all that they were able to agree upon at home was their failure to agree upon anything, which they enshrined in a statute requiring total unanimity in the conferring of benefices. This was tantamount to the postponement sine die of the exercise of their rights of collation, but even after its condemnation by Innocent IV as uncanonical they continued to attempt to operate it.(105)
In circumstances such as these Cardinal Gil was able to insinuate his nepotes into Zamora with the greatest of ease. Indeed, Bishop Pedro -- who succeeded on the translation of Martín Rodríguez to León in 1238 -- may have been one of them.(106) For both bishop and chapter implicitly accepted the cardinal's mediation as constituting the normal method of collation in their church. It was not a growth industry: there are very few cases of Zamora clerics securing benefices, through his agency, elsewhere.(107) At the Curia, meanwhile the cardinal's nepos dilectus, Esteban the abbot of Husillos, was going from strength to strength. Between 1229 and 1252 he had accumulated benefices at Compostela, Zamora, Toledo, Palencia, Oviedo, Salamanca, Ávila and Calahorra. Further afield, the churches of Chartres, Châlons, Douai and Prague, as well as Verdun, owed him a living; all of which may cause the reader to look askance at Mansilla's assurance that this type of early fourteenth-century excess 'no tiene aún aplicación para la primera mitad del siglo XIII'.(108) The precise nature of Esteban's activities at the Curia is not clear, though during his uncle's declining years he did emerge as something of an entrepreneur in benefices.(109) It seems that on Gil's death he may have been  exposed to the sort of reprisals suffered by the nephews of Cardinal Pelayo.(110) Soon, though, he found himself a new master, Cardinal Stephen of Palestrina,(111) and so was able to continue the family business of benefice-broking into the pontificate of Gregory X when, with his sights on the bishopric of Salamanca, he died.(112) The churches which had been made to invest in him paid the customary penalty, the abbacy of Husillos passing to the Portuguese curialist and future cardinal-bishop of Tusculum, Ordonho Alvares, at a moment when, in common with the other collegiate churches of the Palencia diocese, it was fast approaching a state of utter collapse.(113) Yet even that was not the end of the Torres dynasty: although somewhat etiolated, the family's reputation for pluralism survived in the person of Pedro Benítez, Esteban's nephew and the cardinal's executor, who was still thriving as cantor of Zamora and magister scolarum of Salamanca in December 1285.(114) And some credit too may perhaps be claimed for Bernardo of Zamora, the curial scribe who penned such elegant letters during the years 1276-8.(115)
 There was nothing unique about the beneficial activity of Gil Torres at Zamora. But it must be stressed that, as Mr Barraclough has demonstrated, pressure came from below. Gil was in much the same position with regard to Zamora as his colleague Cardinal Thomas of Capua, who was at pains to explain to his old friends at Capua that, much as he loved both them and the church that had nourished him, he was simply unable to meet all their requests statim.(116)Nor was Zamora's disorganisation exceptional. The register of litterae beneficiales of Urban IV's third year records applications for provision mandates in favour of individuals submitted by the prelates and chapters of other peninsular churches which had not been supplied with formal constitutions by Gil: Compostela, Toledo and Palencia as well as Zamora.(117) The kings of Castile and Aragon too made requests for their clerics, irrespective of residence rules and statutes de numero canonicorum, thus sapping as petitioners the defences which they erected as patrons.(118) That aspect of John of Abbeville's reform programme had not long survived the legate, but closer contacts with the Curia made the abrogation of tiresome regulations a more easily accomplished task. When the chapter of Guarda supplicated Innocent IV for relaxation of their statute de numero in favour of a local worthy, Vicente Rodrigues, they were careful to mention his relationship to Master Martinho, the prior of Guimarães who was no mean personage at the pope's court.(119)
For the same reason, that papal grants were so frequently reversed,  the rescripts exempting churches from further provision -- such as the bishop of Zamora had received at the time of his second protest to Gregory IX and which were acquired by all but a few during the 1240s and early 1250s(120) -- were basically worthless, and after Innocent IV's death demand for them waned. They could do nothing to combat the real sources of grievance which Innocent mentioned in a letter of May 1250 to the abbey of Eslonza.(121) Nor could Execrabilis -- Alexander IV's constitution of April 1255 which wrote off all but four of the provisions to prebendae vacaturae in any church -- though various parties chose to regard it as a more general panacea than it really was. The chapter of León thought that it provided them with the means of disposing of providees to portions as well as to canonries;(122) and, although it applied only to those iam admissos in 1255, it  was cited three years later by the chapter of Valencia against Miguel de Spigol, canon of Vich, as well as by the chapter of Vich, including Miguel de Spigol, against Guillermo de Planis.(123) Indeed, the Spanish evidence provides little support for those historians who regard Alexander IV's pontificate as a watershed in the history of provisions.(124) Pressure from below was maintained. By April 1258 the pope was being petitioned for relief by the church of Oviedo, where to Innocent IV's ten outstanding provisions 'many' of his own were said to have been added. He reduced the waiting list, and in February 1261 did the same for Calahorra(125) -- as did his successor Urban IV, for León, Toledo and Seville.(126)
While Execrabilis was welcomed by the ordinary collators, many canonists criticised it severely -- and none more so than Bernardus Compostellanus.(127) This was understandable, since his own career had owed a great deal to the abuses which Execrabilis hoped to check and, as one well established at the Curia by 1255, he was loth to have his  powers of patronage curtailed.(128) His fears, though, proved groundless. Men in his position, curialists and cardinals, continued to exert the old influence. As the benefice-market became more difficult, their value was enhanced. In July 1263 three cardinals -- Bishop Rudolf of Albano, Ottobono Fieschi and Matthew Rosso Orsini -- managed to persuade Bishop Matheus of Lisbon, whose church had just had all but four expectancies cancelled by Urban IV, to provide Velasco Fernandes and Domingos Peres, magister scolarum of Braga, with canonries, 'revocatione non obstante predicta';(129) while, though only one of the five whose rights were safeguarded later that year when the number of León expectancies was reduced to six seems to have been a non-Spaniard,(130) two were the chaplains of cardinals,(131) a third was a nephew of Bernardus Compostellanus,(132) and the other was the bishop's proctor, Pedro Pérez.(133)
After the death of Cardinal Gil, Spaniards at the Curia found themselves new patrons. Some followed the abbot of Husillos into the household of the Hungarian cardinal, Stephen of Palestrina.(134) Others took refuge with Innocent IV's nephew, Cardinal Ottobono Fieschi, a man whose influence was able to secure rents of £500 portugalensis monete and a Lisbon canonry for Gil Martins, a poor cleric of that place who came to the Curia in November 1262 with  only four marks to his name.(135) The Lugo proctor, Martín, owed his dignity in that church to the good offices of John Pirunti, nephew of Cardinal Jordan Pirunti;(136) and the Astorga proctor, Abril Rodríguez, was beholden for his further benefices to Cardinal Octavian Ubaldini.(137) Octavian -- who for Dante was the Cardinal -- assisted other peninsular churchmen also.(138) He corresponded with the king of Castile and the archbishop of Compostela,(139) and wrote twice to the archbishop of Braga urging him to assign a prebend to Master Pedro Garini who was a canon of that church and his own chaplain. Master Pedro's quest for income had involved him in 'tot et tantis laboribus et expensis' that he had vowed not to leave the Curia until he was promised satisfaction.(140) Hordes of clerics had provision mandates. What gave any individual the advantage was a letter of this sort from a cardinal who had it in his power to promote or obstruct the bishop's affairs at the Curia. Two cardinals, of course, were better than one; and, in view of the historians' assurances about their diametrically opposed views on the subject of local ecclesiastical  autonomy, it is instructive to find the future pontiffs Innocent IV and Alexander IV appealing jointly, while they were still cardinals, on behalf of Master Lope Rodríguez to Archbishop Rodrigo of Toledo.(141) The outcome of the contest for the deanery of Zamora, which was enacted at Orvieto during the winter of 1263-4, proved the value of such contacts.(142) In the decade after Cardinal Gil's death, the advent of the combative Bishop Suero Pérez and the nation-wide upheavals of the late 1250s had further intensified the battle for benefices at Zamora. The bishop's practice of turning a deaf ear to papal provision rescripts -- a practice which was to lead eventually to his excommunication(143) -- produced an inevitable clash when the dean, Juan Yáñez, died and Juan's nephew, Martín Vicéntez, claimed the office on the strength of an expectancy granted him by Urban IV. In October 1263 the case was heard by Hostiensis himself, and there was no lack of Zamora clerics present at the Curia to offer evidence. The plaintiff was Martín Vicéntez, the bishop's dean -- García Núñez -- having been inducted in the previous January;(144) but there had been a third candidate also, canon Pedro Pérez. Martín Peláez, the bishop's proctor, submitted that there had been no vacancy; and that even if there had been it could not have been filled by Martín Vicéntez, since 'non esset idoneus, immo prorsus indignus ad decanatum'. Confirmation of this was supplied in the name of the chapter by Alfonso Mini, a man with a personal grudge against the plaintiff.(145) For his part, Martín Vicéntez claimed that the bishop had deprived him improperly of the office while an appeal to the pope was pending,  and demanded £200 Tours expenses and one thousand marks in lieu of lost income. Then his proctor, Pascal Pérez, produced further information: the bishop ought to have assigned to Martín Vicéntez the prestimonium de Fontis Peradis which had become vacant on the promotion of Don Andrés to the see of Sigüenza. Instead, in defiance of the pope's mandate he had awarded it to one of Alfonso X's clerics, Juan de Santiago.(146)
The final item of information contained in the transcript of the various libelli is that on 3 October 1263 the various appeals of the would-be dean were referred for decision to Cardinal Stephen of Palestrina. This was done at the instance of Cardinal Jordan of Ss Cosmas and Damian, the successor to the title of Gil Torres, with whom Martín Vicéntez, his chaplain, was staying during this period.(147) If, however, Martín and his patron were counting on a favourable issue of the deanery case emerging from this transfer, then they were to be disappointed, for that office was occupied successively by Martin's two rivals -- García Núñez and Pedro Pérez,(148) and the highest post that Martín ever secured at Zamora was that of treasurer.(149) It may have afforded him some consolation that in June 1264 Cardinal Stephen, as arbiter rather than as judge, awarded half the prestimonium de Fontis Peradis to him rather than to the bishop's nominee, Esteban Domínguez.(150) Yet on balance the bishop had got the better of the contest, and Martin's allies shared his discomfiture. Pascal Pérez, for example, paid the penalty for having served as Martin's proctor. In May 1264 Urban IV granted him the next Zamora vacancy,(151) but by 2 October, when Urban died, Pascal had achieved nothing, and Bishop Suero Pérez had no difficulty in  holding off his egregious executor -- Amador, canon of Salamanca, who was also at Orvieto on his own behalf in December 1263 -- and preventing any grant being made by the distributor proventuum at Zamora until October 1266 when Clement IV referred the whole affair to new judges.(152)
Neither that letter nor an earlier mandate which Clement had allegedly sent for Pascal Pérez was registered, and this at least emerges clearly from the foregoing account of Zamora's kaleidoscopic condition in the early 1260s: that the plethoric flow of contradictory papal mandates made curial aid a sine qua non for provision. For any individual applicant, either at Zamora or anywhere else, to enjoy the unanimous support of bishop and chapter was very rare. Rather surprisingly, Martín Vicéntez managed somehow to secure it eventually, in the form of letters to the pope sealed by the bishop, the dean and the chapter.(153) But this method was open to abuse, and in December 1268 -- by which time Suero Pérez and the canons had drifted apart again on the question of their respective jurisdiction over the clergy of Toro -- the dean and chapter forbad it.(154) Appearances suggest that the bishop had broken faith and was not abiding by the arbitrated settlement of 1266.(155) All that is certain, though, is that there was, as usual, trouble in the camp there, and that all of those who had derived any benefit at all during the transactions of 1263-4 had been clerics with a friend at the Roman Curia.(156) 'A final judgement on the provisions system' is indeed 'to be sought  not in Rome but in the provinces'.(157) Yet it was to Rome that the provincials looked for the expedient solution.
When Rome took the initiative, however, then the cry went up amongst them that their rights were being tampered with and that they would be reduced to penury. In the course of a single sentence a man of the stamp of Archbishop Juan Arias could conjure ius out of quasi possessio and cast the pope as the villain of the piece. Not much credit was given to the popes for the trouble they took to allay such suspicions, reassuring the chapter of Tarragona when it appeared necessary to delay somewhat an archiepiscopal election, and stipulating that a provision mandate was to be executed only if it were found that none other had been sent to the church in question -- Tarazona -- during that pontificate.(158) Spaniards assumed the worst and were ever on the alert for indications of papal duplicity in the letters they received. Boniface VIII was obliged to rephrase letters of safe- conduct for Jaime II of Aragon when that monarch espied a loophole through which he suspected the pope might squeeze.(159) And as textual critics churchmen, too, were thoroughly alert, with a keen eye for defective non obstante clauses in provision mandates(160) -- alert to a fault on occasion, as in the case of the archdeacon of Lérida who misspelt his formal objection to the form and appearance of one of John XXII's.(161) The papal pensioner, Paolo di Sulmona, was kept on the bread-line for several months because a papal scribe had not been able to cope with the Latin for Guadalajara.(162) Yet, since there was no rule, indulgence, constitution or custom, licit or -- as in the case of the 'unanimity rule' practised at Zamora and elsewhere(163) -- otherwise,  that was proof against the appropriate non obstante clause, objections such as these merely delayed the evil hour; and all that was left to the protesters was stout denial or plain disobedience, in the style of Bishop Suero Pérez. Between 1255 and 1264 ten peninsular churches were reprimanded on this score,(164) but eventually they capitulated and came no nearer an open breach than the canons of Huesca whose constitutions hinted at rebellion in one sentence and made an affirmation of fidelity in the next,(165) consoling themselves by taking direct action against the alien providees if they had the temerity to put in an appearance either at Huesca or elsewhere.(166)
The reason why they invariably capitulated was that they themselves could not survive that sanction which was available to the pope -- and which Alexander IV employed to curb the 'ingratitude' of the Spanish prelates in 1255: denial of access to the Curia and its services.(167) Spaniards needed Rome, and whether in search of benefices or of legal aid they came there in droves. They were certainly not strangers to the place. As a Castilian, Cardinal Petrus Hispanus could draw on a wealth of experience accumulated over the previous century. If he played his political cards badly it was not on account of any national genetic defect. The papal court and the system of law which it operated have struck one recent student as hopelessly confusing and confused, 'irresistibly' reminiscent of 'the dizzying, incomprehensible administration of Kafka's Das Schloss'.(168) But Spaniards knew their way about the endless passages. They had friends in high places.  When Fernán Rodríguez was denied the see of Toledo in 1280 he was advised and consoled by four cardinals who spoke to him 'como amigo a amigo'.(169) And twenty-two years later, Archbishop Gonzalo Palomeque heard from the archdeacon of Guadalajara's proctor, Nicasius, how two others -- Peter of Piperno and Francis Cajetan -- had asked how he was, listened with evident pleasure to an anecdote about his recent escapades, and declared him a thoroughly good fellow.(170) That some, with Petrus Hispanus, were unseated is no proof that they had never ridden.(171)
The consequences of the Roman Habit were profound and expensive. It is difficult to calculate the cost of a journey from 'the ends of the earth', but if Castilians took as long in travelling to the Curia as did papal bulls in the opposite direction, then it may be assumed that the six-and-a-half-months' allowance granted to canons of Zamora who took that road cannot have lasted them till their return.(172) It was, of course, quicker to and from Aragon: in July 1233 executors at Tarragona were implementing a papal mandate which had been issued at the Lateran only twenty days before.(173) But while churchmen were more determined to come to the Curia than the popes were to restrain them, it is hardly surprising that so many were forced to borrow from the Italian banking companies on arrival. In 1298 Bishop Álvaro set off from Palencia simply in order to challenge a papal provision,(174) and in the following year a mere archdeacon in far-flung Túy thought nothing of sending two local clerics to Rome as  his proctors at hearings of a property dispute.(175) Boniface VIII's Register records twenty-two loans raised at the Curia by or for the bishops of eighteen Spanish and Portuguese sees.(176) The proximity of the papal court while Innocent IV was at Lyons during the 1240s obviously reduced both the distance and the expense involved -- as it did in the following century.(177) But the effect of that period may well have been to create habits which were not broken when the means of indulging them were subsequently withdrawn again to Italy.
As the century advanced so the cost of the drug rose. In 1261 the Tarragona Council allowed its agents sixteen hundred maravedís for their curial expenses; for the same purpose in 1292 fifteen hundred turonenses argenti were demanded from each suffragan.(178) The price of papal mandates and privileges rose too.(179) But the addicts were far from being discouraged. Indeed, their determination increased also: they pillaged their churches and sold their lands to raise the necessary funds.(180) For, though not all curialists were the peculant rogues who  plagued the imagination of the clerk Abril, 'hispana gente profectus', it was nevertheless a serious matter to be out of pocket at Rome -- as the agents of the church of Huesca reminded the chapter in April 1273 when the bishop-elect died there and the appointment of a successor rested with Gregory X.(181) Money talked, despite the crushing reply that Abril received when he suggested that any ship was worth a ha'porth of tar.(182) Clearly not all of the six thousand solidi, which in 1267 Bishop Pedro of Gerona received from the king of Aragon 'ratione viatici', can have been meant for his living expenses in the strictest sense of the word.(183) Less portable gifts -- such as the pair of fine horses which Bishop Ponce of Urgel's proctor promised the pope's nephew in the early 1250s -- might be sent from the Pyrenees to Lyons, and they were, perhaps, not quite so pointed as hard cash. There would, though, have been little sense in transporting a mule from western Spain to central Italy, and in a codicil to his will of January 1267 Bishop Domingo of Salamanca bequeathed instead 150 maravedís to Uberto Coconato, the cardinal who had taken that church under his wing a few months before.(184) The Aragonese monarchs -- who had contacts at the Curia well before the end of the century when the Chancery Registers provide the mass of detail about them which Finke published in Acta Aragonensia(185) -- preferred such arrangements as the £50 annual pension granted to Imbertus de  Bociacis, the pope's domicellus, in the same month as the bishop of Salamanca's bequest.(186) So did the archbishops of Toledo,(187) for too much was at stake to depend on, for example, the tardy needle-women who failed to finish on time the altar-cloths promised by Bishop Thomas of Hereford in 1279.(188)
The kings of Aragon, as of Castile, could afford not to stint their envoys, for they made the Church -- and on one occasion the pope himself -- pay their bills. In April 1287 Alfonso III wrote to Daroca for assistance with the cost of the Roman mission since 'in ipsa tam utili ac tam grandi negotio expense habundant', and his demand for fifteen thousand solidi 'in subsidium nunciorum quos...ad romanam curiam destinastis' figured in the list of gravamina et oppressiones presented by the archbishop and chapter of Tarragona two years later.(189) In 1294 Jaime II exacted one hundred thousand solidi for the same purpose.(190) Churchmen were less fortunate, though the popes lent a hand when they could with grants of vacant benefices and annates, and by remitting part of the debts which bishops inherited with their sees.(191) It was very rare, however, for a Spaniard at the Curia to find a compatriot willing and able to advance him a loan.(192) So when he returned he brought with him -- apart from the occasional sack of relics: volatile currency!(193) -- a collection of debts to Italian bankers. Some bishops, such as those of Barcelona and Calahorra,  could demand a diocesan subsidy at this stage,(194) and others had cost-sharing schemes with their chapters. The issue of responsibility was debated at great length at León in 1267,(195) while at Silves capitular liability was defined in April 1273 by Bishop Bartolomé, the successor of Alfonso X's ambassador to Rome, Bishop García.(196) To repay the Italians by borrowing at home, as Archbishop Tello of Braga did in January 1292,(197) was merely to delay the evil hour. Bishop Pedro Yáñez of Orense was granted a reprieve in September 1293 when Pedro Ordóñez, the dean, bequeathed him the thousand maravedís 'quos sibi mutuavi quando venit de curia romana'.(198) But such windfalls were exceptional. God knew where the abbot of Besalú was to find the wherewithal.(199) But there was one other solution.
Debt touched and paralysed the Church's spiritual functions at every level: only when his executors had repaid the four hundred marks which Master Pedro Guilherme, doctor decretorum, owed the chapter of Braga, might a start be made on the ten thousand masses that were to be said for the repose of his soul.(200) However, the ingenuity of desperate bishops produced a redemptive variation on this theme. Though the synod as a source of reform -- John of Abbeville's synod -- was in decline, since Benito de Rocaberti's dictum, that there was no need for further legislation as there was too much already, had been adopted by others,(201) might not the synod have other uses? Benito had thought that it might, and at Mondoñedo and Braga in the early fourteenth century the synod was resurrected by debt-ridden  prelates as a fund-raising occasion.(202) The diocesan clergy of Mondoñedo were encouraged to co-operate by the bait of an extra year's income which their executors might claim after their death -- a doubly generous version of the right enjoyed by the cathedral chapter since 1251.(203) And thus, literally, was the future mortgaged to pay for the past.(204)
Developments in the church of Valencia, far away to the southeast, indicate the extent to which this general judgement may be applied to the fate of other aspects of reform. For at mid-century Valencia was one of the richest sees in the Peninsula, in both spiritual and material terms. In 1251 its territorial wealth greatly exceeded that of the County of Barcelona, and its bishop, Andrés de Albalat, was a pastor of outstanding zeal.(205) But, in a sense, the bishop's very distinction was a liability to the church of Valencia, since both pope and king claimed his services -- the one as visitor of exempt monasteries,(206) and the other as Chancellor, in which capacity he had frequently to travel to the papal court.(207) There he died in December 1276 and,  though John XXI's reservation of the see was reversed within the month,(208) by then Valencia had entered a difficult period. In February 1257 Andrés had been driven to seek papal relief from his debts. The 1260s witnessed some improvement, but on his death he bequeathed to the church a debt to the Chiarenti Company which was not finally cleared until 1301.(209)
Well before 1301, though, the consequences of Andrés's costly service to the king had been brought home to Valencia. His successor, Jazpert de Botonach -- who was engaged in the same expensive capacity(210) -- was obliged to adopt a policy of retrenchment, and since, as he recognised in his will, reform costs money,(211) it was there that the axe fell. In January 1280 his economies touched the very life-principle of reform as understood by John of Abbeville and his followers: clerical education. Andrés's constitution in favour of student canons was 'modified' by the introduction of a residence qualification.(212) This was not in itself a mortal blow, nor was Jazpert a philistine.(213) But the ripples which had now reached Valencia were part of a flood that had been advancing across the Peninsula throughout the century and had already engulfed Castile by the mid-1240s when Cardinal Gil's constitutions had all included restrictions on student canons.(214) Some individuals, having cast their bread upon the waters and seen it sink, secured themselves a place in the dry with the help of an upwards heave from a curial hand. But the waters had moved on, and by the end of the century the churches of Galicia  were submerged. 'Volentes consuetudines aliarum ecclesiarum pro viribus imitari', the chapter of Lugo lowered its sights in 1290, from the upper limits -- fixed since 1173 -- of thirty canons and twenty portionaries to ten and twenty respectively, 'cum tot sint ponendi in ecclesia quibus possint suppetere facultates'. Times were hard at Lugo: in the early nineties a portion was granted on condition that the recipient never be away for more than eight days at a time, and in May 1293 the same restriction was imposed on the magister scolarum.(215) Nearby at Orense, where in 1256 the magister scolarum had been a student at Modena, the autumn of the year 1302 found the chapter denying the dean, Gonçalvo Núñes, his income 'en quanto el fosse en studio' on the grounds that they paid nothing to an earlier dean, Pedro Rodríguez, during the five years which he had spent at Rome 'en serviço da iglesia':(216) an admission of the type of niggardliness which explains why so many Spaniards threw themselves into the arms of curial patrons.
It was a tide which washed away the unsteady bastions of reform, and by the end of the century the Dominicans, who once had faced the flood, were sailing with it. Familiarity with secular courts was one of the developments within the Order that its early provincial legislation had viewed with alarm and, though Andrés de Albalat had shown that a man of affairs could still retain many of the virtues of the founding fathers, justification for that alarm was soon supplied in the person and pre-history of Andrés's successor but one as bishop of Valencia, Ramón Despont. By January 1291, when Nicholas IV appointed him to the see after a divided election, the task of reform had to be started afresh there; and though Bishop Ramón, as a Dominican, gave his mind to it,(217) his was a mind of very different stamp from that of Bishop Andrés. Ramón was an administrator who became a friar late in life; with Andrés it had been the other way about. In his early years he had been attracted to law rather than to theology: not a good sign.(218) His pre-episcopal period had been spent  at the papal court in the service of his king. In March 1286 Alfonso III had written to him there, thanking him for all that he had done on behalf of his father and himself.(219) At that time he was carving out a career for himself in the papal service too: by June 1288 he was sacri palatii auditor and dean of Compostela in absentia,(220) and even after his appointment to Valencia he remained in Italy, as rector of the March of Ancona, while his royal and papal masters were public enemies.(221) He was a natural choice as Celestine V's envoy to the Isola peace talks with Jaime II in October 1294.(222) In April 1303 Boniface VIII would speak of him as an old and trusted friend when appointing him his legate in Sicily, a man with broad shoulders; and in the following January Jaime would recommend that he be made a cardinal.(223) At the see of Valencia, though, he was a superannuated diplomat who was predisposed to return to the active list -- in short, a fin-de-siècle friar.
In the same year as Ramón Despont was appointed to Valencia, Munio of Zamora was removed from the Master-Generalship of the Order. The tremors of that affair activated the 1290s: the Provincial Chapter of 1299 cannot but have had that in mind when it forbad friars to pay visits to nunneries, since 'scandala sequantur plunima atque nota'.(224) Munio, though, was merely a symbol of the Order's loss of innocence. Simple philandering, of which he seems to have been guilty, was far from being the lowest depth to which the friars had descended. Darker things were hinted at in 1299.(225) Anyway, the rot had set in at least half a century earlier. St Dominic -- as a saint can afford to do -- had admitted to a liking for the conversation of young women. The death of the lyric spirit and the emergence of  what may be termed dominicainisme politique had occurred, it might be argued, when the General Chapter had had this detail struck from the record in 1242. Thereafter, the dangers of familiaritas had been constantly discussed,(226) while in Castile the story was told of the friar who, having preached his sermon, produced a stream of blue jokes, and of the priest who fondled young women, claiming to be a different person from the man who had said mass that morning.(227) Moreover, sins of the flesh were not their only sins. As early as 1240 the cantor of Salamanca, Master Pedro, had bequeathed his civil law books to the local friars.(228) Law and medicine -- particularly medicine -- were displacing theology in the Dominican curriculum, and not only in Spain -- although there the availability of Moorish and Jewish science provided the friars with splendid material to which they might apply that mastery of the semitic languages which they had originally acquired for purposes of biblical exegesis. St Francis had loved all creation; but members of his Order and of Dominic's in the next generation wanted to know how it worked. Their books were the running brooks; their sermons in stones; and, indeed, in a sense, the curiosity of such as Ferranius Catalaunus O.P., who wondered whether original sin was transmitted in the semen, was theological.(229) Certainly it had pastoral connotations -- to the alarm of the 1249 Provincial Chapter which sought to restrain the fratres phisici from taking in patients, scrutinising urine and prescribing medicine.(230) Their work -- they were reminded in 1281 -- was supposed to be utilis rather than curiosa.(231) By 'useful' theological was meant, and in 1299 unlicensed study of law and medicine was forbidden and the friars were recalled from the pleasures of the chase to the discipline of theology.(232)
It was not until this late stage that the Dominican ethic, for what it  was then worth, began to have any appreciable effect on the high command of the Castilian Church. John of Abbeville had been accompanied during his legation by Raymond of Peñafort, but Castile under the spiritual leadership of Rodrigo of Toledo failed to benefit from the first flush of the Order as Aragon did, through those friars whom Pedro de Albalat drafted into the episcopate. Only in frontier sees, beyond the reach of the metropolitans, were members of either mendicant Order established by the middle of the century, and, though by the mere act of summoning a diocesan synod Pedro Pérez O.F.M., bishop of Badajoz, provided a glimpse of the resources which might still have been tapped, the Golden age of the Mendicants had passed by then.(233) The Dominican bishop of Silves, Roberto, was a fallen idol who served Alfonso X on foreign embassies, as did the two bishops of Ávila, Domingo Suárez O.F.M. and Ademar O.P.(234) Twice only in the entire century did cathedral chapters elect members of either Order.(235) It was the pope who appointed the Franciscan, Fernando, to Burgos in 1280 and, six years later, Pedro Fechor O.F.M. to Salamanca and Rodrigo Gonsálvez, Prior Provincial of the Dominicans, to Compostela.(236)
There is little need to stress how
greatly the friars were needed by the 'established Church', at a time when
the canons of Jaén were incapable of expressing themselves in the
Church's language without their assistance; but the opposition that Rodrigo
Gonsálvez encountered from the chapter of Compostela both indicates
the extent of  resentment against them -- which only recently
had been given public utterance -- and helps to explain why the kings of
Castile, whose influence in episcopal elections was as great as their devotion
to the mendicants, failed to introduce more of them into Castilian sees.(237)
Throughout Europe the friars clashed with the ordinaries and the older
Orders, but Castile's economic crisis made the contest all the more bitter
there. Spain alone was excluded from the terms of the truce with the Franciscans
which was announced at the Cistercian General Chapter of 1276.(238)
At Burgos the struggle between the Benedictines of Silos and the Friars
Minor engendered such violent passions that it was still recounted by locals
in the late nineteenth century in a modernised version which had the two
parties exchanging shots in true First Spanish Republic style.(239)
Meanwhile the cathedral chapter was fairly permanently embroiled with the
Dominicans from 1262 until the beginning of the fourteenth century. The
canons sent a hooded man to steal the friars' privileges, preached sermons
inciting the people 'similitudinibus et comminationibus' to take their
convent by storm, and tormented them with body-snatching and brick-hiding
expeditions.(240) The date 1262 points
to the reason why the canons of Burgos conducted their campaign with such
ferocity: they had just survived the seven lean years and were in no mood
for allowing such revenues as they received by preaching, administering
the sacraments and burying the dead to pass to the friars. The same period
saw similar clashes concerning these same issues at Calatayud and, predictably,
at Palencia.(241) As the chapter of Braga
insisted, when denying the mendicants a foothold there in March 1279, ecclesiastical
resources simply could not accommodate new foundations.(242)
Yet, with the kings' support, they were accommodated.(243)
 There were times, even in Aragon, when the Dominicans felt ill at ease. In the late 1240s some of their benefactors interpreted the king's attentat on the bishop of Gerona as a sign that the Order was to be ostracised, and withdrew their support accordingly.(244) Also, as the century advanced, there was a number of burial disputes: at Huesca in the 1260s with the Cistercians of Veruela for the body of the Infante Alfonso,(245) and on Mallorca in the 1290s with the cathedral chapter. There they came to blows over a very small matter.(246) But such incidents were rare in Aragon and they soon passed,(247) whereas in Castile they were frequent and long-drawn-out. For the regular clergy they were, moreover, counter-productive, since, judging the mendicants by the enemies they kept as much as by the virtues they displayed, the already discontented laity tended to patronise the friars. The losses suffered in this way at Salamanca were mentioned in the constitutions of 1245 -- and relations with the mendicants were rather better at Salamanca than elsewhere in Castile-Leon.(248) Thus the gulf widened and bitterness increased. Anyway, there was no denying that the friars were a force to be reckoned with. They were worth having as allies both in this world and the next. In 1262 the chapter of Toledo had their appeal to Urban IV published in the convents of both Orders,(249) and career churchmen who had spent their entire lives  doing battle with the mendicants frequently remembered them in their wills.(250)
For all this, though, the mendicants had the effect of impoverishing the Castilian Church rather than enhancing it, even while they were at their best. For the sort of man who might have become the buen obispo of whom Berceo wrote -- leading his flock 'non como soldadero, mas como pastor'(251) -- was tempted to join them, whereupon he automatically debarred himself from episcopal promotion.(252) Indeed, when Adán Pérez of Cuenca was elected to the see of Plasencia he sought refuge from that dreadful fate with the Dominicans of Bologna, where he was a student.(253) His break for freedom failed, but at Burgos it was such a conversion late in life -- that of the archdeacon of Valpuesta, Juan Tomé, who took the Dominican habit and chose to be buried in their church -- that was mainly responsible for the trouble there.(254) Only in the see of León were the mendicants given the opportunity of practising their pastoral skills: both Bishop Martín Fernández, their patron, and his synodal legislation, with its recommendation of the friars, were unique.(255) And by then, the 1260s, the friars were not what they had been. The original spirit, which Pedro de Albalat had captured, was gone, and, in contrast to Aragon, where the penitential legislation of councils and synods broadcast the so-called doctrine of circumstances, Castile was represented by the contemporary tract for the confessor which had the priest telling the penitent that when fixing the size of the penance they were 'in a market' - a seller's market, evidently, where mortal sins cost seven years.(256) While Pedro de Albalat's Summa, in accord with the teaching  of Raymond of Peñafort, had been striving against these antiquated attitudes, the only employment for the Dominicans that had occurred to Rodrigo of Toledo had been, appropriately enough, that of urging the faithful in sermons and the confessional to pay the tithes which they owed the church of Toledo.(257)
In March 1288 -- with much moralising
about the weakness of womankind and the need for rigid enclosure, which
must have galled those who had followed his career closely -- Munio of
Zamora gave the nuns of Caleruega, Dominic's birthplace, permission to
have extra mattresses to keep them warm in bed.(258)
The mendicants were past their best. They were feeling the cold more, and
in seeking their own greater comfort they had assumed the acquisitive characteristics
of their persecutors. Diago Rois, a Franciscan of Palencia, for example,
succeeded in gaining possession of the library of Bishop Lope of Sigüenza
and refused to deliver the books to Lope's executors on the pretext that
they belonged to the queen of Portugal -- a pretext which caused Alfonso
X's wife, Violante, to remark in a letter to him that he ought to have
known better than to suppose that queens read books like those.(259)
Acquisitiveness was the order of the century. Acts of disinterestedness
-- such as the founding of an anniversary at Zamora by Rodrigo Pérez
after the chapter had spurned him(260)
-- were rare indeed. The law of the jungle drove many to the Curia while
perpetuating at Astorga the enormous variations in salary - scandalum
et animarum non modica turbatio - which John of Abbeville had deplored
in 1228.(261) It hastened the complete
breakdown of capitular life by secularisation of the cathedral chapters
and distribution, in the style of Cardinal Gil's constitutions, of property
previously held in common, since before such change was made at Sigüenza
in 1302 the cathedral fabric was nobody's business because it was everybody's
business, and priests coming to say mass there had to bring their own candles
with  them.(262) By excluding
the Dominicans it had also prevented the reform of the Castilian Church,
since by the time they were admitted to the episcopal heights at the end
of the century the Dominicans were hardly distinguishable from the rest.
Indeed, like the pigs and the men at the end of Animal Farm, already
it was impossible to say which was which.
1. Reg. Greg. IX, 5025-40 (= AC Toledo, X.7. [Primacía] 3.7a-d). Cf. Auvray, Les registres de Grégoire IX, II, 1241 ff., and, for the destruction of the papal archive in 1244, Poole, Lectures on the History of the Papal Chancery, 203-4.
2. Eubel, Hierarchia, 5; Serrano, Obispado de Burgos, III, 391.
3. VL, XIX, 180; Reg. Inn. IV, 3654. Cf. Bayerri, Historia de Tortosa, VII, 417, n. 2, and Blanco Díez, BRAH, CXXX, 275, who offer no evidence for their allegation that Gil visited Spain after his elevation.
4. Mansilla, Iglesia castellano-leonesa, 179, n. 148.
5. 'Prestigiosa canonista': Castell Maiques, AA, XIV, 28.
6. Thus various Portuguese writers down to the 1967 re-edition of Almeida, História da Igreja (ed. Peres), I, 256.
7. Serrano, Don Mauricio, 70-3 (the fullest account to date: Serrano claimed to have much more material on Gil 'en nuestras papeletas', 73, n. 4; but he never published it); Mansilla, 225. The two papal bulls -- Reg. Inn. IV, 4436, 5723 -- state merely that he was promoted from that church to the cardinalate, not that he was born there.
8. Hergueta, RABM, XVII, 413: solely on the strength of his constitutions for Burgos and Calahorra.
9. 'Thus in altari et choro cotidie ministretur copiose ut fumus thuris redoleat, non carbonum offendat': Mansilla, 350.
10. Sousa Costa, Itinerarium, I, 299-300.
11. AC Zamora, 12/1: on the cardinal's behalf, Gil, canon of Zamora, spent 1144 maravedís on the purchase of property 'in suburbio Zamorensis' for this purpose. The cardinal stipulated that twelve maravedís a year for life was to be paid to the poor cleric Juan, his alumpnus ('Actum Zamorensi in claustro ecclesie cathedralis, III kal. novembris'; no year).
12. See below, pp. 292-4.
13. De Preconiís Hispanie, ed. Castro y Castro, 245. Also 152: 'qui tanquam animal oculatum, fuit discretione preditus, et tanquam animal pennatum, sublevatus titulis honestatis'; at which passage Castro's MS E (fifteenth-century) refers to Egidius Zamorensis.
14. Chronica Majora, V, 529: 'qui, aetate ferme centenarius, singularis pare carens extitit columpna in Curia Romana veritatis et justitiae, et munerum aspernator, quae rigorem aequitatis flectere consueverunt'.
15. Ibid. V., 393.
16. Roberti Grosseteste episcopi quondam Lincolniensis Epistolae, ed. H. R. Luard (Rolls Ser., London, 1861), 125-8, 138-40; also 137-8, 196 (thanking Gil for his kindness). The English Franciscans were also in touch with Gil: Monumenta Franciscana, ed. J. S. Brewer (Rolls Ser., London, 1858), 377.
17. Reg. Inn. IV, 8303: 'Sane quad idem cardinalis [Egidius] facultatem hujusmodi recipere noluit, nos in te [Cardinal Octavian Ubaldini] transferentes eandem...' The archdeacon owed Gil money; Cardinal Octavian got him accommodated at Oviedo: above, p. 257; Reg. Alex. IV, 745.
18. Reg. Greg. IX, 2695 (July 5235), referring to the appointment as having been made during Otto's legation, for the date of which see Annalium Laubiensium Continuatio, ed. Pertz, 26.
19. Mansilla, 328-9, 355; RAH, MS C/7-9/5427, fo. 143r; above, Ch. 3.
20. 'Poenae sint proinde variandae, ne ad instar imperiti medici omnium curare occulus uno colyrio videremur': VL, V, 286. Cf. the pope's appointment of Gil as auditor, pre-Feb. 1244, 'cum ignotam causam curare medicus nullus possit': Reg. Inn. IV, 448.
21. For Pelayo, see Mansilla, AA, I, II ff. He came from León, and at Rome was an authority on the affairs of the peninsular churches: during the Toledo-Braga primacy debate at the Fourth Lateran Council, it was alleged on behalf of Braga that Pedro Mendes, the archbishop-elect (d. Nov. 1252) had never received the pallium which had been sent to him, 'sed episcopus Legionensis habet illud, secundum quod bene novit dominus Albanensis' (ADB, Gav. dos Arcebispos, 20a). But had Pelayo also been bishop-elect of León -- a possibility which has not been considered? The anonymous Latin chronicle refers to him quite explicitly as 'quondam electus Legionensis', and this is confirmed by one of the letters of Cardinal Thomas of Capua (CLI, ed. Cirot, B. Hisp., XV, 278; Hahn, Collectio monumentorum, I, 383). Risco too refers to a León document of Feb. 1208 which mentions a bishop-elect of this name. The difficulty is that by Feb. 1208 Pelayo Gaitán had been a cardinal for almost two years, and that Pedro Muñoz was bishop of León till 1207: ES, XXXV, 281-2; Mansilla, loc. cit., 13.
22. Reg. Greg. IX, 2490. For their joint action, see Reg. Hon. III, 5011 (publ. Sousa Costa, Mestre Silvestre, 174-5), 5654 (MDH, 570). Gil was with Pelayo at Perugia a few days before he died: AC León, doc. 3807; Fernández Catón, Archivos Leoneses, VII, 108.
23. For Guillermo (d. 1250) and the circumstances of his appointment, see Escalona, Historia de Sahagún, 141-4 Reg. Greg. IX, 5163; above, p. 189; as joint auditor with Gil in June 1247: Reg. Inn. IV, 2811. The will of Bishop Juan of Burgos (Sept. 1246) named him and Gil as superexecutores; and in his (July 1248), the archbishop-elect of Toledo, Juan de Medina, made two bequests to members of Guillermo's circle: 220 maravedís to the cardinal's nephew, Stephanus armiger, and 100 to 'Bartolomeus olim serviens': AC Burgos, vol. 46, fo. 430 (Serrano, Hispania, I, 40); AC Toledo, A.7.A.1.5a.
24. Sandoval, Antigüedad de Túy, fo. 147v; Sousa Costa, 67-71, 396. It may also be mentioned that the sixteenth-century Mexía copy of the repartimiento of Seville records grants to 'don Gil de Torres' and to 'don Xil, sobrino del arcidiano (and 'del deán') de Roma': Julio González, Repartimiento de Sevilla, II, 224, 232, 265.
25. Seven of them witnessed his judgement of an Italian dispute: Master Tiburcio, archdeacon of Palencia, and Master Johannes Burgensis were two of them: Reg. Greg. IX, 307.
26. Bishop of Pamplona -- king of Navarre (Jan.-March 1246): Goñi Gaztambide, Príncipe de Viana, XVIII, 98; Irurita, Municipio de Pamplona, 124 if.; the 12 priests of Gerona (July 1249): above, Ch. 3; bishop of Astorga -- S. Martín de Castañeda (Feb. 1250): AD Astorga, 3/59 (= Reg. Inn. IV, 4751), 3/63; Lisbon rents of Bernardus Compostellanus (Oct. 1250): Reg. Inn. IV, 5268; cameraria of Tarragona (Sept. 1252): above, p. 90.
27. For his loans to Archbishop Rodrigo of Toledo, Bishop Pedro of Zamora and Rodrigo Pérez, archdeacon of León, (see above, pp. 142, 144, 217). In Sept. 1246 Bishop Juan of Burgos owed Gil 300 meajes dobles, and Gil's chamberlain 20 marks; and the will of the cantor of Burgos, García de Campo (late 1260s) acknowledged a 200 maravedí debt 'por el cardenal Gil', which words have been crossed out and 'por un bon ombre' put in: Serrano, Hispania, I, 40; AC Burgos, vol. 48, fo. 425.
28. For Archbishop Rodrigo in 1247; above, p. 142; for the church of Sigüenza (pre-April 1239): Minguella, Historia de Sigüenza, I, 563.
29. In 1246, on behalf of Alfonso López de Haro, and probably at the behest of Bishop Áznar of Calahorra: Canivez, Statuta, II, 312-13.
30. As sole executor of Archbishop Silvestre of Braga (d. July 1244): Sousa Costa, 15-17.
31. On the permanent proctors, see Heckel, Studi e Testi, XXXVIII, esp. 317 ff., and Herde, Beiträge, esp. 80 ff. In the following account the incipits of bulls cited have not been given.
32. AHN,353/10(19 June 1235); 353/11; 231/11 (22 June 1235): 'Petrus Garsie abbas de rivo sicco impetravit hoc privilegium' on each one.
33. For Villamayor, 21 May and 11 June; for Palazuelo, 13 June: Serrano, BRAH, civ, 190-2; AHN, 3430/12.
34. Brentano, Two Churches, 32 ff., q.v. for literature on Pietro. The Archivo Histórico Nacional contains at least forty bulls for thirteen Cistercian houses, delivered to him and his associates between 1250 and 1301.
35. For Poblet, 31 May 1235: AHN, 2175/2; sellos, 5/21; for Piedra (Tarazona), 2 June 1235: AHN, 3667/10; 3667/12.
36. For Rueda (Zaragoza), 31 July 1258: AHN, 3755/2. See Battelli's comments on signs of this type, in Schedario Baumgarten, I, xxxii.
37. As Cardinalis Cisterciensis or Albus, for Sobrado (Coruña), 27 June 1248: AHN, 541/13-17; for Oliva (Navarre), 13 Sept. 1249: AHN, 1421/7; for Poblet, 13 Nov. 1258, 13 Nov. 1259: AHN, 2240/3; sellos, 90/13.
38. No attempt has been made to exhaust the theme in this context, where further elaboration would be out of place. A full account will be published elsewhere. The nature of the evidence for this type of study makes it one which will prosper only through co-operation between scholars throughout Europe. Meanwhile, see the excellent list of names, endorsements, etc. in Herde, Beiträge, 89 ff.; and Anton Largiadèr, Die Papsturleunden der Schweiz von Innozenz III. bis Martin V. ohne Zürich, I (Zürich, 1968).
39. AHN, 1398/15 (14 May 1247); 2211/3 (5 Oct. 1247); AC Toledo, I.5.C.1.1 (29 March 1248).
40. AHA, Cartoral AB, fos. 10v-11r. Archbishop Benito's claim to the churches of Jérica and S. Tecla, Játiva was at issue.
41. AHN, 2235/19; 2241/6; 2241/8; 2241/13; sellos, 49/14; ACA, Bulas, leg. XIV-2 (reg. Miquel Rosell, Regesta, 18r); AC Huesca, 2-136 (reg. Durán Gudiol, AA, VII, no. 107); AC Toledo, A.7.E.I.I-Ia-Ib-7a; AM Pamplona, E, d.s.n. (publ. Irurita, 143-4); AA Zaragoza, 2/16; 2/4/41.
42. Cf. Durandus, Speculum Iudiciale (Lyons, 1556), c.3 in VI°.3.4, gl. ad v. per seipsos: 'Ante constitutionem Clementis [IV: viz. Licet Ecclesiarum] prelati habebant suos procuratores in curia, qui quamcito contingebant vacare aliquod beneficium ad eorum collationem spectans, illud conferebant, et sepe dominum papam in conferendo preveniebant, et sibi illudebant...': publ. Göller, RQ, XX, 84-5. Also Barradough, Public Notaries, 27 ff.
43. Reg. Greg. IX, 329: 'Cum. . . apud sedem apostolicam pro libertate ecclesie Toletane ac aliarum regni Castelle ecclesiarum necnon et iure ipsarum sollicite ac fideliter laboraris' (Aug. 1229); AC Ávila, doc. 9 (Nov. 1223); AC Palencia, 2/1/43 (= MDH, 580, Oct. 1225). In April 1223 he had been with the two Spanish cardinals at the Curia: Reg. Hon. III, 5614 (MDH, 570).
44. If Bartolomé was the archdeacon of Calatrava, B, he was sent to the Curia in Dec. 1234 and -- for hearings of the Ordinatio Valentina -- in Dec. 1240 and March 1246: AC Toledo, A.6.H.1.30; AHN, cod. 987B, fo. 171rb; AC Toledo, X.2.K.1.12. in March 1243 he was at Toledo: Serrano, BRAH, CIV, 189-90.
45. AC Toledo, X.2.P.1.2c; X.2.C.1.7.
46. AC Tudela, 30-C-4; AE Tudela, fajo AB-6; AC Tudela, 29-P-2; 30-C-5; I-C-4 [Jan. 1237-April 1239]: reg. Fuentes, Catálogo, 242, 1132, 244,246, 256: all of these are concerned with the Tudela-Zaragoza property dispute. In view of the Toledo-Tarragona struggle for the church of Segorbe it is of interest that his name appears also on the dorse of a bull of Jan. 1237 which urged the king of Aragon to restore reconquered territory to that church: ACA, Bulas, leg. VI-16 (reg. Miquel, 99).
47. For Palencia: letter Cum sicut, protecting the church against further provisions until it was capable of paying the customary rents to those already there, 4 June 1246: AC Palencia, 3/8/10. For Burgos: his constitutions and the letter appointing conservators thereof, May 1252: AC Burgos, vol. 62.i, fo. 108 (= Reg. Inn. IV, 5723); vol. 62.i, fo. 109 (two further copies: vol. 7.i, fo. 371; vol. 10, fo. 400): reg. Mansilla, AA, IX, nos 18, 20.
48. AC Gerona, d.s.n. (above, Ch. 3); AD Astorga, 3/62 (=Reg. Inn. IV, 4751). Serrano, Don Mauricio, 71-2, mentions some of Gil's familiares. With Gil in April 1223 and again in Sept. 1245 was Johannes Suerii, canon of - and, subsequently, archdeacon of Alava - Calahorra: Reg. Hon. III, 5614 (MDH, 570); Documentos para a história da Cidade deLisboa, 179. Cf. Bujanda, Berceo, I,122; Cunha, História da igreja de Lisboa, I, 161. In the early 1250s he was in Portugal; he may have been the archdeacon of Calahorra, Johannes Severini (or Severii) whom the canonist Domingos Domingues acknowledged as his master: PMH, I, 185-9, 644, 664; Merêa, Bol. da Fac. de Direito (Univ. de Coimbra), XLIII, 166. Cf. Reg. Inn. IV, 1118.
49. Master Soeiro, an exile at the Curia, whose deanery had passed to Bernardus Compostellanus, the canonist and co-witness of the Gerona judgement by Oct. 1250 (Reg. Inn. IV, 938-9, 5268); the archdeacon of Burgos and Master Martín Gómez (abbot of Cervatos, Burgos, in 1246: AC Burgos, vol. 46, fo. 430); Benito de Rocaberti; Master Lope -- who returned as treasurer of Toledo in 1259, had his bar sinister removed, and was rendered episcopabile (Reg. Alex. IV, 2826, 2869-70); and Raimundo de Reddis, Benito de Rocaberti's proctor in Dec. 1252 (AHA, Cartoral AB, fo. 10v).
50. Above, Ch. 7. The cantor of Ávila secured a benefice for his nephew and by Oct. 1250 was one of the cardinal's chaplains: AHN, cod. 1443B, fo. 11vb. Reg. Inn. IV, 5268.
51. H. Rashdall (ed. Powicke-Emden), The Universities of Europe in the Middle Ages, II (Oxford, 1936), 27, n. 5; Reg. Inn. IV, 529, 1348-9.
52. Not of Asti. Cf. R. W. Southern, Western Society and the Church in the Middle Ages (Harmondsworth, 1970), 293.
53. Ibid. 2913. He had become magister scolarum since Nov. 1235: AD Astorga, 2/35.
54. AC León, doc. 1294 (= Reg. Greg. IX, 4594).
55. Reg. Inn. IV, 6711; AC Lugo, 21/3/19: letter Sua nobis (concerning the León-Lugo struggle for Triacastela), dorse: 'Munio Velasci magister scolarum Astoricensis, canonicus et procurator episcopi et capituli ecclesie Legionensis [petivit]; Rodericus Petri portionarius et procurator episcopi et capituli Lucensis ecclesie contra [dixit]. Fiant littere de conveniencia quod dicti judices debeant avenire apud Villamfrancam de Vallecarceris', 5 Oct. 1247. Cf. Cañizares, BCM Lugo, II, 151. In May 1254 the Lugo proctor, Rodrigo Pérez, also received permission to hold benefices in plurality: Reg. Inn. IV, 7555.
56. Ibid. 6701.
57. Ibid. 6232: 'Retulisti humiliter coram nobis quod cum... (artinus) Legionensis episcopus quedam prestimonia tunc vacantia, prout spectabat ad ipsum, tibi liberaliter contulisset, ac postmodum ad tuum pervenisset auditum quod idem episcopus tempore collationis huius astrictus excommunicationis vinculo tenebatur, tu volens in hac parte conscientiam habere pacificam et quietam...'; 6233.
58. AC León, doc. 1538. He bequeathed five hundred maravedís 'pora las oras' with which property at Villamor was purchased: AC León, doc. 1603. The will of Bishop Suero Pérez of Zamora in May 1285 mentioned 'domos meas que fuerunt M. Velasci in Tauro': AC Zamora, 12/14.
59. Reg. Inn. IV, 4163, 4751.
60. As archdeacon of León he owed Pelayo money, and was at the cardinal's deathbed in Jan. 1230: AC León, doc. 617, 3807 (cit. Fernández Catón, Archivos Leoneses, VII, 108-9). When Innocent IV awarded the Infante Sancho a Toledo archdeaconry on 29 Oct. 1247 he instructed Gil Torres to invest Pedro with it 'nomine suo': inc. Apostolice sedis: AC Toledo, A.7.C.1.1.
61. Mansilla, 181. He remained bishop of Córdoba till at least Nov. 1254: Rymer, Foedera, I, 310 (but cf. Torres Fontes, Col. de documentos...de Murcia, I, 3, for Bishop Lope Pérez of Córdoba in June 1253). Yet in July 1258 the chapter of Palencia claimed that their bishop owed them 100 maravedís 'pro Petro Johannis camerario domini Egidii cardinalis nunc episcopo Ovetensi' (AC Palencia, 3/2/23). Since Bishop Pedro of Oviedo had been in possession of that see since May 1251 at the latest (ES, XXXVIII, 38), and by July 1258 both Bishop Pedro of Córdoba, and Lope Pérez his successor, were dead (AC Toledo, X.1.C.1.1g), the likeliest explanation of this difficulty may be simply that the canons of Palencia were muddled. Possibly, though, Cardinal Gil had two chamberlains of the same name. To add to the confusion, Gil's nephew, Esteban de Husillos, had a cleric called Petrus Johannis in Jan. 1255: AC Zamora, 13/46.
62. AC Segovia, doc. 241: 'Salva provisione sive gratia quingentorum morabutinorum quam dominus papa magistro N. subdiacono suo archidiacono Collarensi in prestimoniis predecessoris sui vel equivalentibus ecclesie vestre sibi voluit et mandavit' (Oct. 1245). This predecessor was Gutiérre -- conceivably the bishop of Córdoba consecrated by the pope in March 1246. In Jan. 1235 Cardinal Gil had had another archdeacon of Segovia -- Giraldo -- with him at Perugia. It was Nicolás who brought the chapter's request for confirmation of their statute de numero canonicorum to Lyons in Aug. 1250: Reg. Inn. IV, 1757, 2863; Reg. Greg. IX, 2491; AC Segovia, doc. 224.
63. In the Segovia inquisitio the 'prestimonia provisionis magistri Nicolai' are listed separately from the rents of his archdeaconry: AC Segovia, doc. 17.
64. Serrano, Hispania, I, 40; idem, Obispado de Burgos, III, 379 (commemorating his death, as dean of Segovia, in March 1258).
65. At Lyons (20 June 1246); witnessed by Cardinal Gil and Bishop Bernardo of Segovia: copy in Reg. Inn. IV, 6629. The Segovia inquisitio valued the prestimonia of 'P. Gaetanus concanonicus' at 66 maravedís, 17 solidi and 9 denarii, which was above the limit set for each canon.
66. Above, p. 194, n. 8.
67. 'Noveritis quod nos ob reverentiam patris venerabilis domini episcopi Albanensis et tam propter probitatem vestram quam propter obsequium quod ex persona vestra ecclesie nostre proventurum spectamus', he granted him a pension of two hundred maravedís per annum in expectation of a Toledo benefice 'quod vel que liberalitatem dantis deceat et recipientem', Lyons, 31 March 1248: copy in Reg. Inn. IV, 6629. Petrus took some interest in Spanish affairs at the Curia: he was a witness of the Astorga-Castañeda plea in Sept. 1245, and in 1267, as bishop of Todi, he secured a common privilege for the Cistercians of Armentera (Coruña): Reg. Inn. IV, 1519; AHN, 1762/2.
68. Reg. Inn. IV, 6617, 6629. See also Herde, 4-5, and above, Ch. 7.
69. His association with Gil dated from July 1244 when he was at Cività Castellana: Sousa Costa, 17, n. 50. As abbot of Castrojériz he was at the Curia in July 1248 and Feb. 1250. His name appears on the dorse of papal rescripts for Burgos in March 1249 and Aug. 1255: AC Burgos, vol. 7.ii, fos. 5-6, 8-10 (reg. Mansilla, AA, IX, nos 14, 31; Reg. Inn. IV, 4436; Reg. Alex. IV,700).
70. Mansilla, 360, 364; Reg. Inn. IV 6727; Reg. Alex. IV, 588, 3022, 3142.
71. Reg. Urb. IV, 1915; Colmenares, Historia de Segovia, 224.
72. For anxieties at Jaca and Montearagón in the 1220s about the fate of the archdeaconry of Sodoruel and the church of Larraga, then in the possession of Jacinthus canon of St Peter's, see AC Huesca, 9-279; Reg. Hon. III, 4130 (MDH, 271,418). These grants to Jacinthus -- who also had an annuity from Urgel which in March 1236 the bishop and canons were scolded for having failed to pay -- probably dated from the winter of 1219-20 when the bishops of Huesca and Urgel were both at the Curia: AC Huesca, Extravagantes (reg. Durán Gudiol, AA, VII, 62-3); Reg. Hon. III, 2298, 2466, 2480 (MDH, 260, 286, 288). Despite Honorius III's assurances, Larraga was awarded by Innocent IV to a nominee of the king of Aragon in March 1245: Reg. Inn. IV, 1144.
73. At Lyons on 26 May 1274 Master Angelus, canon of Cambrai and Châlons 'in romana curia advocatus' received £280 Tours in payment of the 100 maravedí annuity settled on him by Sancho of Castile 'quamdiu viverem'; and on 26 Nov. 1291 Master Sinibaldus de Labro, archdeacon of Bologna, was paid £100 Tours 'pro penssione quinque annorum mihi assignata ab... archiepiscopo [Gonzalo Gudiel]': AC Toledo, I.5.C.1.42; A.7.G.1.25. For John of Parma and Blaise of Anagni -- two other Toledo retainers -- see above, Ch. 7.
74. The recipient was a nephew of Cardinal Uberto Coconato. When that nephew died the archdeaconry was transferred to another nephew, together with Vivián's other Toledo income, 'ne dictus cardinalis hujus gratie frustretur effectu': Reg. Urb. IV, 1787. Cf. Linehan, EHR, LXXXV, 737; and, for Vivián's earlier visits to the Curia, in Jan. 1234 for Fernando III and in Jan. 1245 for Archbishop Rodrigo, Reg. Greg. IX, 1758; Reg. Inn. IV, 929, 950.
75. ADB, Livro I dos Testamentos, fo. 10r: 'Item mando Johanni de Pinello procuratori meo in curia, cui nondum providi in beneficio aliquo, C. morabutinos et unam equitaturam mediocrem de mille libris turonensibus quas dimisi in curia penes Dulcem mercatorem Florentinum et socios suos' (21 Oct. 1255). Johannes de Pinello was the archbishop's proctor by 28 July 1253, and in Aug. 1254 also acted for the bishops of Salamanca and Burgos: ADB, Gav. dos Concílios, 4 (inc. Sua nobis); AC Salamanca, 23/28 (reg. Marcos Rodríguez, Catálogo, 259); AC Burgos, vol. 46, fo. 423 (reg. Mansilla, AA, IX, no. 25): Nostris est nuper: dorse of each.
76. AC Zamora, 12/15: 100 maravedís bequest to Lope 'por que ffu a corte de Roma por nos' (an. 1302).
77. AC Tudela, 41-26-19, dated Orvieto 'die mercurii proxima post festum S. Johannis Baptiste' (reg. Fuentes, 1114, as 'copia simple del sig. XIII', though it appears to be the original version). The reference to 'magister S(ancius) abbas monasterii S. Satumini Tholosani [St Sernin, Toulouse] qui erat tunc archidiaconus' suggests a date in the 1290s. Cf. Reg. Bon. VIII, 1151, 4278; Devic and Vaissete, Histoire générale de Languedoc, IV, 526.
78. For Bishop Suero Pérez of Zamora, 7 May 1281: AC Zamora, II.i/10; for Guillelmus de Villa 'perpetuus capellanus in ecclesia Barchinonensi', 15 July 1281: A C Barcelona, d.s.n; for Alfonso Sánchez 'perpetuus portionarius ecclesie S. Jacóbi de Medrit', 15 Oct. 1290: AC Toledo, Z.3.D.2.14; for the dean and chapter of Tudela, 20 Aug. and 9 Sept. 1291: AC Tudela, 5-C-8; 5-C-9 (reg. Fuentes, 430-1); for Bishop Pedro of Tarazona, 11 May 1298: AHN, sellos 72/7; for Poblet, 7 and 10 March 1300: AHN, sellos 5/36; sellos 90/21:23:25-26; 2355/19:20; 3224/14; for the nuns of Santa Clara, Barcelona, 31 March 1300: Pita, BRAH, XXVII, 475. Since Tarazona has no archive he is difficult to identify; but he may possibly have been the Berengarius dictus de Insula who was a canon of that church in Oct. 1292 and its cantor in Jan. 1299: AC Tudela, 5-C-10; 41-26-9 (reg. Fuentes, 433, 442).
79. 'Recepi litteras vestras cum magnis promissionibus et modica utiitate, de qua non modicum sum turbatus... Debetis scire, domini, quod ego fui valde liberalis vobis quando dominus Tyrasonensis, dominus meus, rogavit me pro vobis et recommendavit mihi negocium vestrum sicut suum proprium. Feci sicut fidelis procurator laborando et ordinando sicut aliquis de mundo potuisset bene ordinare ut possent littere impetrari...'
80. The three were Andreas de Seria, Johannes de Trebis and Egidius Petri de Pertusa. Though Pertusa is in the Lérida diocese (cf. Reg. Greg. X, 370), Gil Pérez's connexions were with the church of Huesca, which sent him to Bologna as a scholar (June 1268: Chartularium Studii Bononiensis, vn, 290; VIII, 213). He may have been related to Juan López de Pertusa, consiliarius familiaris of Alfonso IV and canon of Zaragoza (cf. Vincke, AEM, I, 348). By 1277 he was proctor of the bishop of Zaragoza (Herde, Archiv. f. Diplomatik, XIII, 274). He also acted for Bishop Miguel of Pamplona, 11 July 1281; and for the abbey of Montearagón (Huesca), 7 May 1288: AC Pamplona, II Episcópi 14 (reg. Goñi Gaztambide, Catálogo, 739); AHN, 653/18.
81. 'Deinde reddimus ad iudicium et allegavi ego quod ecclesia erat in malo statu propter guerram et quia est in frontania. Duravit diu set per sententiam auditoris habuit. VIII. florinas de auro tantum, quas ego solvi ei de bursa mea. De qua predictus abbas [of St Sernin, the arbiter] et plures alii fuerunt valde gavisi, quia ipse E(gidius) noluerat acceptare compromissum.' Gil Pérez had claimed £20 Tours; the 'compromise' figure had been £4.
82. 'Quid plura? Ut breviter transeam: bene scitis etiam quod salarium mihi debitum non misistis... Ex tunc non vidi litteras vestras nec modo cum similibus promissionibus. Hoc non sufficit mihi quia non possum solvere creditoribus meis de vento, sicut vos actenus solvistis mihi. Non creditis paccare in quinque annis cum sustinui.'
83. 'Nimis scribitis breviter in omnibus. Quare non misistis copiam affirmationis? - et ad quid posuistis exceptionem in procuratonio, set generalem mittere - et etiam de iudicibus. Quid est magna brevitas non est bona, quia quandoque pars adversa proponit aliquem exceptionem legitimam contra loca et iudices producta in iudicio, et propter hoc sunt plura loca necessaria. Etiam quanta ego sustinui pro vobis utinam vos scretis...'
84. 'Potestis dicere sicut alibi dicitur: induratuin est cor farahonis (Exodus, vii. 12).'
85. Only one case of (prudent) remorse on that score has been noted, that of Gil's nephew, Pedro magister scolarum of Zamora, who made a clean breast of his pluralism in Sept. 1238 'quia ipsum conscientia remordebat ex co quod. . .Sabinensis episcopus... contra plura beneficia obtinentes quandam constitutionem edidisse dicitur et cam excommunicationis sententiam roborasse': Reg. Greg. IX, 4525.
86. Reg. Hon. III, 2331 (MDH, 272): 'Quidem si diligenter adverteris quem, qualem et quantum ad Legionensem ecclesiam et personam tuam dictus Albanensis gerat sinceritatis affectum, quid debeas patruo in nepote monstrabis.'
87. Ibid.: 'Si diligenter adverteris quem, qualem et quantum ad Legionenem ecclesiam et personam tuam dictus Albanensis gerat sincertatis affectum, quid debeas patro in nepote monstabis.'
88. 'Intendens, ut creditur, ut favor iamdicti Albanensis episcopi per apostolice auctoritatis assensum, collationi huiusmodi robur daret': ibid. 4414 (MDH, 449).
89. Ibid. 5017, 5023, 5534 (MDH, 504-5, 563).
90. Ibid. 100 (MDH, 10).
91. Publ. Hahn, Collectio monumentorum, I, 383-4. Cf. Reg. Hon. III, 782 (MDH, 90).
92. Reg. Greg. IX, 918; Fernández Catón, Archivos Leoneses, VII, 108; AC Salamanca, 3/1/40-2 (reg. Marcos, 188).
93. '...cuius apud nos vivit memoria, et cum co decedente non decidat. . . nepotes suos habeamus in visceribus Jesu Christi': Reg. Greg. IX, 918.
94. Ibid. 604.
95. Reg. Inn. IV, 5113 (above, p. 145).
96. Reg. Hon. III, 984 (MDH, 125). His archdeaconry passed to Master L, a chaplain of Pelayo Gaitán.
97. Ibid. 629-30 (MDH, 64-5).
98. See the list of recipients in Mansilla, 234-42.
99. Reg. Hon. III, 1277, 2405, 4878 (MDH, 169,277, 498).
100. AC Zamora, Liber Constitutionum, fos. 8rb-16vb, Xrb. There were to be twenty-four canons and twelve portionaries only; only portionaries could be admitted to canonries; no one beneficed elsewhere could possess a benefice at Zamora.
101. Ibid. fo. 3vb: 'Item diffinio quod nec episcopus per se vel capitulum per se aliquem recipiant in socium vel in fratrem, sive proprio motu sive per litteras apostolicas'; AC Zamora, 6/1-1a-1c.
102. Cf. Barraclough, Papal Provisions, 145.
103. Reg. Greg. IX, 1318 (May 1233); 2009 (July 1234); 3258 (Aug. 1236).
104. '...ut earum verbis utamur': ASV, arm. XXXI. 72, fos. 189v-90r (Schillmann, 1310). The letter refers to the tender age at which the bishop in question had been appointed, and Schillmann takes this to mean Bishop Martín Rodríguez, on the strenghth of a mistaken interpretation of Reg. Greg. IX, 2009 (which he cites as no. 1009). It may apply equally to Bishop Pedro or -- more plausibly -- Suero Pérez.
105. AC Zamora, 11.i/11 (= Reg. Inn. IV, 2003: publ. Mansilla, 218), 10 July 1246. Cf. Reg. Urb. IV, 1615.
106. Pedro Benítez, the Zamora proctor in 1251-2, was a nephew of both the bishop and Esteban of Husillos, the cardinal's nephew: Reg. Inn. IV, 5564, 5805.
107. 'Gil Yáñez 'in provincia Compostellana', Jan. 1252 (Reg. Inn. IV, 5565); Elías (episcopal proctor in Oct. 1253: AC Zamora, 11.i/4, dorse), Salamanca canonry, July 1253 (ibid. 7675); Gil Guillérmez, 'propter...merita et consideratione bone memorie Egidii...cardinalis cuius nepos esse diceris', Palencia benefice, pre-Oct. 1257: (Reg. Alex. IV, 2298).
108. Reg. Inn. IV, 6044. Cf. Mansilla, 242.
109. He secured a dignity at Zamora and another elsewhere in Castile-Leon for his familiaris, Carasco, May-Aug. 1252: Reg. Inn. IV, 5827, 5907; a Zamora canonry for Bernardo, portionary of that church, June 1252 (ibid. 5851); a benefice 'in provincia Compostellana' and at Zamora for Pedro Benítez, Nov. 1251-Jan. 1252 (ibid. 5564, 5805); a Ciudad Rodrigo benefice for his cleric, Jaime archdeacon of Coria, March 1252 (ibid. 5806); an Astorga benefice for Juan Rodríguez, a relation of the cardinal, Nov. 1252 (ibid. 6696).
110. On 18 May 1255 Gil, cantor of Zamora, wrote from Husillos absenting himself from a hearing of the Braga-Porto dispute 'propter urgentissima negotia ecclesie Fussellensis que coram domino rege Castelle vertuntur': ADB, Gav. dos Arcebispos, 29.
111. There is in AC Toledo (E.7.D.2.4) a barely legible letter from Cardinal Stephen to Alfonso X on behalf of Esteban, whose benefices appear to have been in jeopardy (dated Viterbo, 18 Oct; no year). In March 1259 Esteban's benefices were re-confirmed, as they had been in Oct. 1252: Reg. Alex. IV, 2897.
112. Reg. Greg. X, 245 (May 1273). In Sept. 1267, when Juan de Parras, canon of Oviedo, made his will at the Curia he directed that his loose change be entrusted to Esteban: AC Oviedo, B/5/12 (reg. García Larragueta, 412).
113. Reg. Greg. X, 275. In March 1271 the church and cloister of Lebanza (Palencia) 'esta mal parado e ha mester todo de refazer', according to Archbishop Sancho II of Toledo. Yet in 1279 the bishop and chapter understandably refused to assign any further funds to these collegiate churches: AB Palencia, doc. de Lebanza, 4; AC Palencia, 4/1/5. In Aug. 1252 Esteban had secured exemption for himself, his familia and for the laity of Husillos from payment of papal subsidies: Reg. Inn. IV, 5924.
114. AC León, doc. 1569; Reg. Urb. IV, 1205, 1831, 2046; Reg. Hon. IV, 261.
115. For B. Çamoren as papal scribe, see Battelli, Sched. Baumgarten, 3841-2, 3874, 3884, 3897, 3921-2, 3924, 3938 (as Bern. Zamor.). Baumgarten listed two bulls of Innocent V, 3 841-2, both 'prächtige Schrift': these rescripts are in AHN, 3756/1-2, which contains two more examples of Bernardo's handiwork: sellos 49/15 (2 April 1276); 425/19 (3 April 1276). On is Oct. 1276 Bernardo served Bishop Pedro de Urgel as proctor: AC Seo de Urgel, d.s.n: letter Sua nobis, dorse. Was he the Bernardo who had been awarded a Zamora canonry in June 1252 (Reg. Inn. IV, 5851)? Cf. Herde, Beiträge, 210, n. 265.
116. Publ. Heller, Archiv f. Urkundenforschung, XIII, 283.
117. Reg. Urb. IV, 1783, 1829, 2606; 1936; 2040; 2499.
118. Reg. Inn. IV, 913-7 (including a request for leave of absence from Zamora with full stipend for Master Pelayo, canon and physician to the Infante Alfonso), Oct. 1243. In July 1245 Jaime I of Aragon was granted a canonry for his clerks in each of the cathedral churches of his kingdom, 'certo ecclesiarum ipsarum canonicorum numero vallato... vel quod iidem clerici alias beneficiati existunt nequaquam obstantibus': ACA, Bulas, leg. VIII-8 (reg. Miquel, 119). Cf. Sancho IV's prohibition in 1287 of the reception to canonries at Covarrubias 'sinon quando vacasse': Serrano, Cartulario de Covarrubias, 133.
119. '...et quia magistro Martino priori Vimariensi capellano vestro attinet linea parentole', Aug. 1253: ADB, Gav. das Dignidades, 17. By May 1256 Master Martinho had been appointed archbishop of Braga: Reg. Alex. IV, 1365. Cf. Ferreira, Fastos episcopaes, II, 49 ff.; Cerchiari, Capellani papae, II, 11-12.
120. Reg. Greg. IX, 2009. During Innocent IV's pontificate various forms of protection were granted: the ordinary as sole executor in his diocese: Et tua supplex, 13-11-1250 (AB Gerona, 6/9) and 21-1-53 (AD Astorga, 3/66: reg. Quintana, AA, XX, no. 82); Intendentes ecclesiam, 2-11-52 (AHA, Cartoral AB, fo. 33v); exemption of the episcopal mensa [Osma], 13-11-48 (Reg. Inn. IV,4208); resumption of prebends held by alieni, 3-11-53 (AC Palencia, 2/1/59; AC Santiago de Compostela, Tumbillo de privilegios, fo. 112r-13v: Potthast, 15162); exemption from payment of daily rations to absentees [14-11-50: Paci et tranquillitati], and from general letters of provision addressed to the province [4-4-51: Fraternitatis tue] (AE Gerona, 6/20; 6/ 11). But the most common form was the guarantee against provision: Compostela, 28-7-45 (AC Santiago, Tumbo B, fo. 224v); Astorga, 10-8-45 (reg. Quintana, no. 59); Oviedo, 17-8-45 (Reg. Inn. IV, 1431); Plasencia, 12-9-45 (AC Plasencia, d.s.n.); Gerona, 29-1-46 (AB Gerona, 6/13); Huesca, 15-3-46 (AC Huesca, 2-723: reg. Durán Gudiol, AA, VII, no. 74); Cuenca, 26-7-48 (BN, MS 13071, fo. 55r); Oviedo, 31-1-50 (AC Oviedo, Plomados 1/7: reg. García Larragueta, 350); Astorga, 29-7-50 (AD Astorga, 3/65: reg. Quintana, no. 78); Cartagena, 5-8-50 (Fita, BRAH, 111, 274); Gerona, 29-8-50 (AC Gerona, Llibre Vert, fo. 2041); Valencia, 13-12-51 (AC Valencia, perg. 269: reg. Olmos, Pergaminos, 214); Braga, 23-10-52 (ADB, Gav. das Dignidades, 18.ii); Palencia, 3-12-52 (Reg. Inn. IV, 6128); Compostela, 23-12-52 (AC Santiago, Tumbo B, fo. 247v); Braga, 21-5-53 (ADB, Gav. dos Privilégios do Cabido, 2; Gav. das Dignidades, 18.i), 19-12-53 (ADB, Gav. das Dignidades, 19); Salamanca, 27-1-54 (AC Salamanca, 23/69: reg. Marcos, 248, misdated); Braga, 26-2-54 (ADB, Gav. das Dignidades, 18.iii); Orense, 9-8-54 (Reg. Inn. IV, 7915) León, 11/20-8-54 (ibid. 7922, 7958); Zamora, 23-8-54 (AC Zamora, 1/1: attrib. to Innocent III by Matilla Tascón, Guía-inventario, 114); Lisbon, 12-9-54 (Reg. Inn. IV, 8013); Burgos, 19-11-54 (AC Burgos, vol. 10, fo. 413: reg. Mansilla, AA, IX, No. 26).
121. 'Super provisione plurium de iudeismo ad fidem catholicam conversorum et subsidio carissimi... regis Castille et Legionis contra hostes christiane fidei dominantis... non modicum aggravatur', 22 May 12 so: AHN, 968/3.
122. Reg. Alex. IV, 1290, 1339. Cf. Barraclough, EHR, XLIX, 207.
123. AC Valencia, perg. 8161: 'Cum sint in ecclesia Valentina quatuor recepti canonici ad vacaturas prebendas et adhuc spectent, et super hoc edita sit constitutio quod ecclesie ubi quatuor sunt spectantes vacaturas prebendas seu episcopi et capitula earundem per litteras apostolicas providere aliquibus minime teneantur', March 1258 (reg. Olmos, 250); AC Vich, 37-6-43; 6-III-21; 6-III-26, Sept. 1258. Cf. Barraclough, loc. cit., 198.
124. Barraclough, loc. cit., 212, opines that the 'conscious object and real merit' of Alexander's pontificate 'was to renew the normal and accepted organization which Innocent had thrown out of working order'; and Vincke, RQ, XLVIII, 200, observes a sharp drop in provisions to Spanish churches. This tendency to exaggerate the 'improvement' under Alexander stems partly from Baier's list of provisions (Päpstliche Provisionen, 234) which, because it was compiled before the completion of the calendars of the Registers of the pontificate, is disproportionately brief.
125. Reg. Alex. IV, 2531 (Yet within the month he was enforcing one of Innocent VI's provision mandates there: ibid. 2564); AC Calahorra, doc. 330: four clerics had been received into canonries 'ad mandatum nostrum' and 'nonnulli alii super receptione ac provisione sua in eadem ecclesia a nobis litteras impetrarint': inc. Decet et expedit, 18 Feb. 1261.
126. At León, Alexander had provided 'many' and Urban a dozen by Dec. 1263. Ten provisions had been authorised during the archiepiscopal vacancy at Toledo. At Seville the sense of Execrabilis was reiterated hac vice: Reg. Urb. IV, 1206, 1296 (July 1264), 2020 (Feb. 1264).
127. 'Dicam dictam constitutionem esse odiosam et contra iuris rationem': cit. Barraclough, EHR, XLIX, 210. Benito de Rocaberti had the text of Discrimen preteriti (Reg. Alex. IV, 998) entered in his cartulary: AHA, Cartoral AB, fo. 15r; and the archbishop of Braga obtained copies of Execrabilis, Nuper super and Contingit (Reg. Alex. IV, 1004-5): ADB, Gav. das Dignidades, 3, 22, 21.
128. For Bernardo's own Spanish benefices, see Barraclough, EHR, XLIX, 490-1; for his activities as patron, Reg. Inn. IV, 6317, 8089; Reg. Alex. IV, 383. He died between June and Dec. 1266: AC Burgos, vol. 40.i, fo. 333 (cf. Barraclough, 491).
129. ADB, Gav. das Dignidades, 23.
130. Reg. Urb. IV, 1206 (1 Dec. 1263): Rainerius, nephew of Cardinal Uberto Coconato.
131. Ibid.: Master Dominicus physicus, chaplain of Cardinal John Gaetan Orsini; and Pedro Domínguez, archdeacon of León and chaplain of Cardinal James Savelli. The former cardinal's household contained two canons of Orense in Nov. 1254 -- Pedro Rodríguez and Pedro Codarii; and in 1256 his chaplain, Master Gonsalvo canon of Astorga, received a further benefice: Reg. Alex. IV, 947, 1683. Cardinal James was host to a whole colony of Spaniards in 1263-4. Pedro Domínguez, his 'domesticus et commensalis capellanus', was archdeacon of Triacastela: Reg. Urb. IV, 233, 1027, 1680, 2360.
132. Ibid.: Rodrigo Sánchez, archdeacon of León.
134. For Cardinal Stephen's Spanish friends, see Linehan, AEM. One of them, Bishop Abril of Urgel, who seems to have owed his see to the cardinal's intervention, showed his gratitude by challenging the award of the archdeaconry of Tremp to Stephen's chaplain, Timothy (canon of Pécs; later bishop of Zagreb) in 1259-60: Linehan, loc. cit.; ASV, Collect.,397, fos. 52-3r. In July 1260 Stephen was entrusted with the task of sorting out the multitude of claims to benefices at Burgos: Reg. Alex. IV, 3142.
135. Reg. Urb. IV, 179; AHN, 1331B/23. Ottobonos was host to Pedro Pérez, canon of Zamora, in Aug. 1254 (Reg. Inn. IV, 8300); to Gil, abbas Burgensis in Oct. 1257 (Reg. Alex. IV, 2625: publ. J. Ptanik, Monumenta Poloniae Vaticana, III (Cracow, 1914), no. 87); and to Martín dean of Burgos, and Melendo archdeacon of Astorga in June 1264 (Reg. Urb. IV, 1113). He was auditor of the disputed elections to the sees of León in 1254, Lérida in Sept, 1256, and Ávila in July 1263; of the Braga-Porto jurisdiction case in June 1254; and of the troubles at Tarragona during the career of Benito de Rocaberti. In 1267 be toyed with the idea of visiting Spain: Reg. Inn. IV, 7919; AHA, Cartoral AB, fo. 17r; Reg. Urb. IV, 331; ADB, Gav. dos Arcebispos, 86; AHA, Thesaurus,fo. 51-2; Reg. Clem. IV, 1278.
136. Reg. Urb. IV, 1704 (June 1264). He had been proctor for two years or more. During the pontificate of Boniface VIII Martinus Lucensis served as proctor for the church of Oviedo, certain Galician monasteries, and the archbishop of Toledo: AC Oviedo, Plomados 4/20 (reg. García Larragueta, 570 = Reg. Bon. VIII, 4751); AHN, 545/14; 1488/14-15; 1917/5 AC Toledo, X.2.B.2.5 (= Reg. Bon. VIII, 4043): dorse of each.
137. Reg. Alex. IV, 2372 (Dec. 1257). Cf. AD Astorga, 3/62-3: dorse (July 1250).
138. Amongst whom were his chaplains, the dean of Braga in Feb. 1245; Pelayo Rodríguez canon of Zamora in Nov. 1257; and Pedro Martínez; canon of Palencia, his 'capellanus commensalis' in Dec. 1263: above, p. 205; Reg. Alex. IV, 2374; Reg. Urb. IV, 2413. Cf. Inferno, X, 120.
139. Registri dei cardinali Ugolino d'Ostia e Ottaviano degli Ubaldini, pubblicati a cura di Guido Levi (Istituto Storico Italiano: fonti per la storia d'Italia, viii (Rome, 1890)), 174-5.
140. ADB, Gav. das Dignidades, 84 (undated). Pedro Garini was at the Curia with Archbishop João in Jan. 1254: ADB, Livro I dos Testamentos, fo. 7r-v.
141. AC Toledo, I.220.127.116.11: 'ut eundeni magistrum Lupum in vestram, domine archiepiscope, tamquam filium in parentis gratiam quantum decet et convenit reducatis', 17 April 1243. Cardinal John 'of Toledo' was a third signatory of the letter. Cardinal Raynald dei Conti (Alexander IV) was indistinguishable from his colleagues in this respect: in March 1252 he demanded a benefice in the province of Toledo for his chaplain, Johannes: Reg. Inn. IV,5821.
142. The following account has been constructed from the transcript of the submissions of the various parties at the hearing of the case by Cardinal Henry of Ostia (AC Zamora, II.ii/5); a letter (seemingly of Clement IV) in the Marinus Formulary (ASV, Arm. XXXI.72, fo. 205r: Schillmann, 1455); and the Register of Urban IV. In May 1269 (not 1231, as Matilla Tascón, 141): AC Zamora, II.ii/6. See above, Ch. 8.
143. In May 1269 (not 1231, as Matilla Tascón, 141): AC Zamora, II.ii/6. See above, Ch. 8.
144. AC Zamora, Liber Constitutionum, fo. 5ra.
145. Martín and two others -- one of whom was Pedro Pérez -- were bent on preventing Alfonso's admission to a benefice at Zamora, though the bishop and the maior pars of the chapter approved of him. This was reported in the following Feb: Reg. Urb. IV, 1615.
146. This had occurred while Andrés was still bishop-elect, sometime since 1261. Cf. Minguella, Historia de Sigüenza, I, 214.
147. Reg. Urb. IV, 992, 1000, 2364 (Nov. 1263-Feb. 1264).
148. García Núñez was dean till Nov. 1266 at least (AC Zamora, 4/2, 4/3); Pedro Pérez by Dec. 1267 (Ballesteros, BRAH, C1X, 452). He was succeeded by Pedro Yáñez, June 1278 to Jan. 1281 (AC Zamora, 13/53, 12/16) who had previously, until Sept. 1275 at least, been cantor (AC Zamora, 16.i/10; AD Barcelona, documentos de S. Ana, d.s.n); as had his successor as dean, Alfonso Pérez, June 1282 to 1286 (AC Zamora, 12/16, 24/6bis, Liber Constitutionum, fo. 2ra).
149. By 1279 till, at least, Jan. 1281: AC Zamora, 13/61, 12/16.
150. Reg. Urb. IV, 1047, where the previous occupant is named as Bernardo. Esteban was promised the next Zamora vacancy, until which time Martín was to pay him half the income of the prestimonium and of the prebend to which it was attached.
151. Ibid. 1715.
152. Sua nobis, 4 Oct. 1266: executor's copy: AC Zamora, II.ii/7. Cf. Reg. Urb. IV, 1065.
153. '...prout in litteris inde confectis sigilhlatis sigillis episcopi, decani et capituli': ASV, arm. XXXI. 72, fo. 205r.
154. AC Zamora, 6/i; Liber Constitutionum, fo. 1vb-2ra: 'Statutum et ordinatum est a decano et capitulo Zamorensi quod nunquam apponatur sigillum capituli in litteris alicuius destinandis ad curiam romanam pro beneficiis impetendis in ecclesia nostra vel in aliqua alia ecclesia civitatis vel diocesis Zamorensis.'
155. On 8 May 1286, when the bishop had died, the dean and chapter confirmed the dean of Compostela's statutes and stipulated that no future bishop 'possit se excusare ab observacione... predictorum dicendo quod tempore quo hec constitucio seu ordinacio fuit edicta vel ordinata non erat ipse episcopus Zamorensis': Liber Constitutionum, fos. 2rb-4ra, 8ra.
156. Pedro Pérez had been with Cardinal Ottobono Fieschi in July 1254 (Reg. Inn. IV, 8300); Esteban Domínguez had been known there since March 1253 (ibid. 6728; Reg. Urb. IV, 2383); Martín Vicéntez had the support of Cardinal Jordan and when he was at last beneficed his admission was prompted at least- as much 'consideratione dicti cardinalis' as by the letter from Zamora: ASV, arm. XXXI.72, fo. 205r.
157. Barraclough, Papal Provisions, 38.
158. 'Sane non ista scribimus ut ex tunc vestram velimus eripere libertatem sed quoniam indecens arbitramur ut illis eiusdem ecclesie canonicis absentia sua noceat', May 1268: Reg. Clem. IV, 1375; July 1264: Reg. Urb. IV, 1921.
159. 'Te ac illos quos tecum duxeris in personis et bonis sub b. Petri et nostra custodia' was emended to 'te cum regnis et terris tuis, comitatu Barchinonie ac aliis bonis immobilibus atque mobilibus que impresentiarum tenes et possides', Sept. 1296: ACA, Bulas, leg. XX-10, 15 (reg. Miquel, 265, 270).
160. E.g. the chapter of Barcelona in Jan. 1298: Reg. Bon. VIII, 2416.
161. '... sunt in eis manifesti et notorii deffectus... tam in falsa grammatica, in constructione et intellectu congruo quam etiam in orthogrophia [sic] ut cuicumque intelligenti potest liquide apparere', Feb. 1317: AC Lérida, Regestre de presentasions de prebendes (arm. AB, no. 53), fo. 2v.
162. AC Cuenca, 8/34/679, Jan. 1263: publ. Linehan, EHR, LXXXV, 752-3.
163. At Tarragona till 1249, and at Oviedo in Jan. 1248: above, p. 41; Reg. Inn. IV, 3585.
164. Compostela (Reg. Alex. IV, 410); León and Oviedo (ibid. 809, 2980-1; Reg. Urb. IV, 2216, 2360); Lisbon (Reg. Alex. IV, 1861, 2764); Braga (ibid. 819); Calahorra (ibid. 2291); Salamanca (ibid. 2641); Corias, O.S.B. (ibid. 2920); Palencia (Reg. Urb. IV, 1831); Burgos (ibid. 2061).
165. 'De inhabilibus: Nullus defectum in natalibus patiens de utero non assumatur in canonicum Oscensis ecclesie quamvis cum eis fuerit per ordinarios vel per Sedem Apostolicam super defectu huiusmodi dispensatus, salva in omnibus auctoritate Sedis Apostolice', 1301: publ. Durán Gudiol, REDC, VII, no. 33.
166. The canons of Huesca set about the representative of Bishop Ademar when he was translated from Ávila in 1290, 'per capillos trahentes ipsum per terram et ignominiose tractantes': Reg. Nich. IV, 2458, 3598; Aynsa, Fundación de Huesca, 405-6. See above, Ch. 8.
167. 'Eorum suadente ingratitudine... tales vel procuratores seu nuncii ipsorum vel alii pro eis ad impetrandum vel contradicendum in curia nostra pro ipsis vel eorum ecclesiis aliquatenus admittantur... duximus decernendum': Reg. Alex. IV, 1014.
168. R. J. Brentano, York Metropolitan Jurisdiction and Papal Judges Delegate, 1279-96 Berkeley, 1959), 164.
169. Serrano, Cartulario de Covarrubias, 119-20.
170. 'Petierunt a me... quomodo habeatis vos; et ego tamquam vester non fui mutus nec tardus quin ego exultarem tandem vestram [...] corde et ore in quantum potui. Item narravi eis de sententia quam tulistis contra rusticum de lochis [?] et qualiter non permisistis vos corrumpi pro suis vaccis et qualiter divisistis eas. Et ipsi habuerunt multum pro bono. Et tunc dixit D. Petrus... quod habebatis bonam faciem bene faciendi, et multa alia bona dixit de vobis': AC Toledo, A.8.H.2.10 (undated, but apparently early 1302).
171. One who fell was Velasco Pérez whose association with the Colonna cost him the see of Ciudad Rodrigo, Aug. 1297: Reg. Bon. VIII, 2031.
172. 4AC Zamora, Liber Constitutionum, fo. 5rb (an. 1219). News of Alfonso X's death in April 1284 took at least three weeks to reach Orvieto, and in the autumn of 1291 the bull Inter cetera (Potthast, 23828) took eleven and a half weeks to reach Toledo: above, pp. 230, 241.
173. AC Seo de Urgel, d.s.n.
174. On reaching Perugia, however, either his purse or his nerve failed him: Reg. Bon. VIII, 2640.
175. ASV, Instrumenta Miscellanea, 288 (reg. Milian Boix, AA, XV, nos. 23-4). On 8 March 1261 the archdeacon of Astorga, Melendo Pérez, appointed three proctors -- two Spaniards (Fernando Garcés, canon of Zamora, and Master Domingo Gonzálvez, clericus chori of León)and one foreigner (Antonius Narniensis) -- to press his claim to the archdeaconry of Valdemora against the bishop of León; and on 9 March Master Domingo set off from Astorga for the Curia: ASV, Collect., 397, fos. 113v, 115v.
176. Reg. Bon. VIII, 303, 603, 976, 1326, 1730, 2190, 2392, 2630, 2631, 2892-3, 3309, 3632bis, 4121 (joint loan), 4126, 4177, 4256, 4681, 4735, 4743. Some of these loans -- those to Fernando of Calahorra and Fernando of Segovia, for example -- were raised in order to pay the servitia communia and servitia minuta which were due from prelates appointed at the Curia: ibid. 3632bis, 4177; AC Calahorra, doc. 489, 491; Baethgen, QFIA, XX, 212. By 1303 servitia had been paid by over half the sees of Castile and Portugal, but by only three in Aragon -- Calahorra, Urgel and Zaragoza. In 1320 the archbishop of Zaragoza was reminded that-- 'singuli moderni predecessores' had paid the tax: Hailer, QFIA, I, 287; Hoberg, Studi e Testi, CXLIV, 26, 35, 127 and passim; Kirsch, Die Finanzverwaltung, 87.
177. From Avignon, cursores were allowed eight days for a journey to Pamplona, ten to Valencia, and fifteen to Toledo. In 1321 the costs of a party of twenty-three, eight of them mounted, from Tortosa to Avignon and back, were reckoned to be £62.8 sol: Renouard, Revue Historique, CLXXX, 29; Schafer, Die Ausgaben,492; Göller, Die Binnahmen, 298.
178. Capdevila, AST, II, 516; AGN, caj. 3, no. 43 (reg. Castro, Catálogo, 421).
179. As the notes on a couple of Poblet bulls, of roughly similar length, record: 'solvit pro ista P[etrus] B[eren]g[arii] VI solidos et VI denarios in grosso [.?.] et bulla'; 'P[etrus] de Ass[isio]... XX turonenses': AHN, 2241/3 (June 1259); 2298/3 (June 1282).
180. Bishop Julião of Porto helped himself to the treasure of his church in 1230; and in his will of Aug. 1294 Pedro Anays, archdeacon of Zamora, recalled having pawned his land before going to Rome, and losing on the deal: Censual do Cabido da Sé do Porto, 397-8; AC Zamora, 18/20.
181. AC Huesca, Extravagantes: 'Scribatis nobis qualiter nos agere debeamus, taliter facientes quod propter defectum expensarum honor Oscensis ecclesie circa prosecutionem predictam non valeat impediri' (reg. Durán Gudiol, AA, VII, no. 91).
182. 'Ille modus non est, Aprilis, in Urbe...': Carmen, lines 367 ff.
183. ACA, Reg. 8, fo. 78r. In Feb. 1286 P. de Olivaria received only 1,302 solidi for 129 days' service at the Curia: Reg. 321, fo. 32v.
184. 'Al cardenal don Uberto de Cucu nato CL morabutinos pora .i. mulo que le enviamos prometer por nostra carta': AC Salamanca, 20/1/33 (reg. Marcos, 315). The cardinal's letter of Sept. 1265, taking the church 'sub protectione et favore nostro libenter...honores et profectus vestros promovere quantum cum Deo et honore nostro possumus favorabiliter intendentes', begins with the papal formula Grandis affectus and has all the appearances of a papal bull: AC Salamanca, 40/43-1 (Marcos, 311). Cf. above, p. 130, n. 2.
185. The papal notary and future cardinal, Jordan Pirunti, assured Jaime I 'quod quando vixero attentus et sollicitus ero ut nichil fieri possit in curia quod excellencie vestre debeat displicere', undated, but apparently temp. Alexander IV: Finke, SpGG, IV, 361-2. For the king's appeal to the College of Cardinals on the subject of Benito de Rocaberti at this time, see above, Ch. 5.
186. 'Attendentes grata servicia quod vos...in curia...nobis fecistis et facitis et facere cotidie non cessatis': González Hurtebise, II. CHCA, 1237.
187. Above, pp. 136, 288.
188. Registrum Thome de Cantilupe, ed. R. G. Griffiths and W. W. Capes (Canterbury and York Soc. 1907), 223-4.
189. ACA, Cartas Reales Diplomáticas, Alfonso II, caj. IV, extra series, 113; AHA, Corretja, no. 59.
190. Vincke, Documenta selecta, no. 66. For Boniface VIII's loan of £10,000 to defray the costs of Jaime's own visit to Rome in 1296, see ACA, Bulas, leg. XX-13 (reg. Miquel, 268: publ. Finke, Acta Aragonensia, III, 59, misdated).
191. Above, Ch. II. Grants of vacant benefices to Tarragona, Jan. 1244; León, Aug. 1254; Barcelona, Feb. 1258: Reg. Inn. IV, 382, 7923; Reg. Alex. IV, 2514; and of remission of debt to Calahorra, May 1247; León, Aug. 1254 and Oct. 1256; Toledo, Feb. 1275: Reg. Inn. IV, 2710; above, p. 145; Reg. Alex. IV, 1637; Reg. Greg. X, 456.
192. The only known instance is Gonzalo of Toledo's loan of 500 torneses to Pascal of Cuenca in 1299: AC Toledo, X.1.E.2.2.
193. For the job-lot which the abbot of S. Cugat brought back with him in May 1238 ('... alias famosissimas mixtas'), see Ríus Serra, San Cugat, III, 459 ff. A collection of relics de Romania, complete with guarantee from an unknown archbishop of Athens, Crecencius, found its way to Segovia: AC Segovia, doc. 181.
194. Martène-Durand, Thesaurus, IV, 603; AC Calahorra, doc. 473.
195. AC León, doc. 1564.
196. Silva Lopes, Memórias do bispado do Algarve, 563; Reg. Urb. IV,233, 712, 2860. In Oct. 1266 García had been discovered, penniless at Montpellier, by Archbishop Sancho II of Toledo: AC Toledo, A.7.E.1.3; 6.
197. At Braganca he borrowed 4,900 maravedís de León 'pona vestir nostra companna' and a further 66,000 and £500 de portugal 'pora pagar deudes que nos devaamos en corte de Roma alos mercadores en pro e en servicio de la nostra eglesia de Bragaa': ADB, Coleçcao Cronológica, III/4/5.
198. AC Orense, Escrituras, II, 33.
199. 'Pro obtinenda confirmatione electionis' he had to pay fifteen thousand sous, 'quos unde solvamus, nisi dominus nobis ab alto provideat, ignoramus': cit. Vincke, AST, VII, 342.
200. ADB, Gav. dos Legados, 15 (July 1309).
201. Above, p. 89. Lisbon, 1271; Tortosa, 1324; Cuenca, 1344: Rosa Pereira, Lumen, xxv (May 1961), 6-7; VL, V, 299; BN, MS 13071, fo. 218n-v. No record has survived of the various constitutions which, according to Bishop Bernardo of Cuenca, had been published 'in diversis sinodis...diversis temporibus celebratis'.
202. In Aug. 1324 the diocesan clergy of Mondoñedo granted Bishop Gonsalvo twenty thousand maravedís 'pora pagardes a deveda que devedes aos mercadores na Corte de Roma': AC Mondoñedo, Kalendario Antiguo I, fo. 151v. Cf. Sanjurjo y Pardo, Los obispos de Mondoñedo, 50. In Nov. 1330 at a synod 'enas sas casas de Bragaa' Archbishop Gonçalo was granted three years' diocesan annates to meet the great costs which he had incurred 'per muitas ydas a casa del Rey e a outros logares': ADB, Gav. I das Igrejas, 5.
203. AC Mondoñedo, Kalendario Antiguo I, fo. 152r; above, p. 270, n. 3.
204. The bishops of Mondoñedo were much at Rome on behalf of the kings of Castile at the turn of the century and were invariably behind with their payments of servitia: BN, MS 5928 (Villaamil, Noticias...de Mondoñedo), fo. 65v; AC Toledo, I.5.C.1.69; Reg. Bon. VIII, 2437, 2637; Göller, 239, 259, 266.
205. Reg. Inn. IV, 5315; above Ch. 4.
206. In Sept. 1248, before his election, he was sent to visit Ager, O.S.A. (Urgel) and reform the place. The task was committed to him again in March 1257, and his prohibition on this occasion of 'camisas castellanas' and 'vestidos cortos o largos' recalls the legislation of his brother: Reg. Inn. IV, 4172; Reg. Alex. IV, 1835; BP Tarragona, MS 176, no. 220. In the same month - March 1258, not March 1257, as Ramón de Huesca, Teatro, vii, 390; Arco in Universidad, VII, 28 -- he was similarly engaged at Montearagón: AC Barcelona, Diversarum A, 2015.
207. He was there in Feb. 1252, April 1257 and Aug. 1265: ACA, Bulas, leg. XII-65 XIV-2 (reg. Miquel, 174, 181); above, p. 208. Then, having accompanied King Jaime to the Lyons Council in 1274, be remained with Gregory X who sent him on diplomatic missions to Castile: Chronica del Rey En Jacme, cap. 526, ed. Aguiló, 505; Quétif-Echard, Scriptores, 1, 360; ACA, Reg. 37, fos. 66r, 78r (reg. Martínez Ferrando, Catálogo, I, 1752); Müller, RQ, XXXVII, 108-10.
208. Reg. John XXI, 46, 54.
209. Reg. Alex. IV, 1749; Reg. Urb. IV, 2130; above, p. 137. A fortnight before be raised this loan he had received papal permission to assign £1,500 in his will from episcopal funds for his familiares and creditors: Reg. John XXI, 55.
210. When he was sent on embassy to France in Feb. 1284 he had to borrow money to supplement the expenses allowed him: Martínez Ferrando, Catálogo, II, 1861-2.
211. 'Cum spiritualia sine temporalibus diu esse non possint...': AC Valencia, perg. 5565 (reg. Olmos, Pergaminos, 665).
212. Of six months 'post receptionem': Miedes, Constitutiones sive Ordinationes...Ecclesiae Valentinae, fo. 13r.
213. He is regarded as the patron of Arnau de Vilanova: R. Verrier, Études sur Arnaud de Villeneuve (Leiden, 1947), 20-2; J. Carreras Artau and M. Batlloni, 'La patria y la familia de Arnau de Vilanova', AST, XX, (1947), 5-75, at 12 ff. It should be noted, however, that Arnau's dedication of the De Improbatione Maleficiorum, is to 'Jo. presuli Valentino': ed. Paul Diepgen, Archiv f. Kulturgeschichte, IX (1911-12), 385-403, at 388. This would suggest not Jazpert but Bishop Jean of Valence (1283-97). Cf. Eubel, Hierarchia, I, 513.
214. Mansilla, 327, 353, 376; RAN, MS C/7-9/5427, fo. 141v.
215. ES, XLI, 378-9; AHN, cod. 1042B, fos. 24r, 31v.
216. AC Orense, Escrituras,I, 23; XVII, 39bis. Pedro Rodríguez was dean between 1253 and 1257. Cf. Duro Peña, AEM, I, 297.
217. Reg. Nich. IV, 3950; above, Ch. 5.
218. Diago, Historia de la Provincia de Aragón, fo. 15r. He had Hostiensis at his fingertips: VL, I, 188. Cf. the admonitiones of the 1299 Provincial Chapter, cap. viii, xiv, xvi, in Acta, ed. Douais, 647 ff.
219. ACA, Reg. 63, fo. 94V.
220. ACA, Reg. 77, fo. 1r. He was still auditor in April 1289: Mansilla, AA, VI, 326, no. 95. As dean he seems to have been the immediate successor of Fernando Alfonso, who had died at León in Jan. 1286. Cf. Portela Pazos, Decanologio, 102-4, who finds no trace of him before Sept. 1290 and is ignorant both of his identity and of his successor as dean on his promotion to Valencia -- Guillelmus Baravi, archdeacon of Agde (Reg. Nich. IV, 4021).
221. Waley, Papal State, 316.
222. 'Natione et familiaritate probabiliter tibi gratum': ACA, Bulas, leg. XVIII-1 (reg. Miquel, 208; Potthast, 23992).
223. ACA, Bulas, leg. XXIII-2 (reg. Miquel, 311 [=Reg. Bon. VIII, 5202]). Cf. Finke, Acta Aragonensia, I, xli-ii; Olmos, Los prelados, 76 ff.; Vincke, Documenta Selecta, no. 100.
224. Douais, 648.
225. Ibid. 647: 'crimen nefandissimum quod absurdissimum est etiam nominare'.
226. Acta Capitulorum Generalium, ed. Reichert, I, 24; Litterae encyclicae, ed. Frühwirth, 59, 118, 121, 128. Cf. R. F. Bennett, The Early Dominicans (Cambridge, 1937), 151.
227. 'Non so yo aquel que dize la missa, ca el que dize la missa es sacerdote e yo so un mançebo que agora juego': ed. Foulché-Delbosc, Rev. Hispanique, VIII, 508.
228. 'Digestum vetus, digestum novum, codicem inforciatum et Summam Azonis et libellum Institutionis': AC Salamanca, 20/1/20 (reg. Marcos, 198).
229. Glorieux in Bibliothèque Thomiste, V, 109-10 (c. 1276). For Fernanius, see Quétif Echard, I, 349.
230. Douais, 610.
231. Ibid. 631. Cf. Reichert, I, 208-9.
232. Ibid. 647 ff.
233. March 1255: Solano de Figuerora, Historia de Badajoz: I, III, 13-20. For two other frontier prelates of the Franciscan Order, Pedro Gallego of Cartagena and Juan Martínez of Cádiz, see Peizen in Miscellanea F. Ehrle, I, 407 ff.; Sancho de Sopranis, Hispania, IX, 370-73; Mansilla, HS, X, 243-53. Bishop Lope of Morocco had a hand in the appointment of all three: Mansilla, Iglesia, 86-7.
234. Above, Ch. 6; Eubel, RQ, IV, 218. It may be noted that the Jaén successors of Bishop Domingo of Baeza were not, like him, friars.
235. Martin O.P. 'qui fuit quondam archidiaconus Valentinus', Segovia, May 1259: AC Toledo, X.2.B.2.1a (Eubel, Hierarchia, I, 442, makes him a Franciscan); Fernando Alvarez, O.F.M., who died before consecration, Oviedo, 1293: ES, XXXVIII, 216. Archbishop Remondo of Seville was not a Dominican, pace Eubel, I, 277. Cf. Ballesteros, Correo Erudito, I, 315-16. Non was Pedro Pérez of Salamanca (1248-64), though Eubel, I, 428, and all previous authorities since González Davila, Historia de Salamanca, III, 240 - with the exception of Dorado, Compendio, 215-18 - have so described him. There is no document in AC Salamanca to support them, and when the bishop is mentioned in royal charters he is not accorded the prefix frey.
236. Reg. Nich. III, 651; Reg. Hon. IV, 320, 536.
237. Reg. Nich. IV, 677, 1511, 1817.
238. Canivez, III, 152.
239. Férotin, Recueil des chartes de Silos, 312 ff.
240. Documents in AHN, carpetas 183-5. They have not been used by Mansilla, who refers to the affair in HS, IX, 253, on by Hoyos, BIFG, XLIII, 182 ff.
241. Ripoll, Bullarium, I, 363, 392 (Potthast, 17245, 17846).
242. 'Specialiter pensantes quantum posset dampnfficari ecclesia et civitas Bracarensis si religiosi aliqui, et maxime fratres predicatores et minores construenent seu edificarent monasteria seu domos ad habitandum in civitate vel cauto Bracarensi...cum vix pauperes verecundi propter tenues helemosinas possent sustentan': ADB, Gav. das Religioës, 16.
243. When the Burgos Dominicans came to terms with the chapter in 1301 they were made to promise 'quod...non procurent per se nec per alium cum domino rege nec cum regina nec cum procenibus nec cum concilio Burgensi nec cum aliquo istorum aliquid in preiudicium nec in gravamen aliquid Burgensi ecclesie vel capitulo eiusdem'. This recital, however, struck the bishop, Cardinal Petrus Hispanus, as insufficient, and before he had the settlement confirmed by the pope and registered he amended the clause: 'nos addimus nec cum aliquo alio': a fair illustration of the suspicion with which the friars were regarded: Reg. Bon. VIII, 4676 (ASV, Reg. Vat. 50, fo. 194v); AHN, 185/12.
244. ES, XLIV, 280.
245. Diago, Historia de la Provincia de Aragón, fos. 268r-9r Saganna, BRABL, IX, 295-8; AHN, 593/19-20.
246. 'Conpusculum cuiusdam pueni defuncti': AHN, 92/2-3 (Potthast, 24751, 24802). Some fifteen years earlier the Cistericians of La Real had promised the chapter that they would not inter 'masculos minores XLIII annis nec mulieres minores XII annis': Nebot, BSAL, XIII, 109.
247. In 1268 Bishop Domingo of Huesca elected to be buried with the Dominicans; and ten years after the Mallorca dispute the Order was granted burial nights on the island: AHN, 594/lo; 93/6 (cf. Potthast, 21555).
248. 'Celebris sepultura maiorum, de quanum ultimis voluntatibus Salamantina ecclesia consueverat in temporalibus grata suscipere incrementa, penitus abdicaretun ab ea': Mansilla, 323. Cf. Cuervo, Historiadores...de San Esteban de Salamanca, III, 627-9.
249. AC Cuenca, 8/34/678.
250. The archdeacon Pedro Pascal, one of their chief persecutors at Burgos, bequeathed them twenty maravedís in March 1277: AC Burgos, vol. 48, fo. 316; AHN, 183/5, 184/7; and others there did the same. See also the terms of the dean of Braga's bequest in Nov. 1272: above, p. 259.
251. Veintetres milagros, ed. Manden, 52.
252. One who did so was the dean of Palencia and nephew of Bishop Tello, St. Pedro González: ES, XXIII, 131 ff. The sole exception to the rule was the bishop of Segovia, Martín, who had renounced an archdeaconry previously and joined the Dominicans.
253. Reg. Greg. IX, 5964.
254. AHN, 183/4: inc. Significarunt nobis, 5 July 1262. A raiding-party of canons had stolen his body from the friars' church.
255. ES, XXXVI, 229-55 (esp. cap. 46-7); Risco, Historia de León, II, 173.
256. '"Amigo, cada pecado mortal merece siete annos mas; que yo e tu estamos como en mercado, por exo fe he yo a dar aquela penitencia que tu sofrir puedas"': ed. Morel-Fatio, Romania, XVI, 381. Cf. above, Ch. 4.
257. Ex parte, 22 Sept. 1245: AC Toledo, I.7.G.1.2.
258. Martínez, Colección diplomática...de S. Domingo de Caleruega, 350-2.
259. AC Toledo, A.7.E.1.2: '...et fray Diago, bien sabedes que tales libros como aquellos non serian dela neyna' (publ. Minguella, i, 221).
260. 'Ob revenenciam domini mei Martini secundi [Martín Rodríguez] quondam episcopi Zamorensis qui me nutrivit ac beneficiis exaltavit', Aug. 1243 : AC Zamora, 12/8; Reg. Greg. IX, 4594.
261. Rodríguez López, Episcopologio asturicense, II, 593. Cf. Reg. Urb. IV, 2676 (July 1264).
262. AC Sigüenza, doc. particular, 79. Miguel Martínez, archpriest of Molina, quoted the example of 'otras eglesias que solian seer reglares que son agora meior servidas porque son seglares'. For some of these other churches, see above, p. 267. The Sigüenza statutes of 1302 are publ. Minguella, II, 359-71, misdated. Cf. Reg. Bon. VIII, 4134. Secularisation had been authorised thirty-seven years earlier but had been constantly delayed. In the same year Boniface VIII took similar action at Huesca where the issue had been debated for just as long: Ramón de Hüesca, Teatro, VI, 239 ff.