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[CATHOLIC CHURCH]: A fine, early Manuscript Document authorised by three notaries with their individual attractive devices (notarial marks) and subscriptions at the foot, one page (vellum), large folio (approx. 61 x 62.5 cm), given at the church of St. Mary´s in the Field, Florence, 23rd June 1326, in Latin. The document comprises some forty-five lines of bold, dark brown ink text in a very clear, uniform and calligraphic diplomatic charter hand characteristic of the papal chancery, and further incorporates four large uncial capitals, each with filigree decoration, being a certified and authorised manuscript copy of three papal bulls, In quibusdam locis [Clement IV; 29th June 1265], Inter ceteros ordines [Benedict XI; 2nd April 1304], and Super egenum nuper [also Benedict XI; 2nd April 1304], ordered by Thedisius d´Aliotti, Bishop of Fiesole, and authorised by Opizo, Albertus and Marsoppus, notaries of the bishop, all three of the bulls concerning privileges in favour of the Franciscan Order, the first restraining anyone from violating Franciscan churches or property, or exercising violence in them, under the pain of papal displeasure; the second renewing the exemption of the Franciscans from all ordinary ecclesiastical jurisdiction, declaring them to be subject to the papal see without any intermediary; and the third providing for the Franciscan brothers of the province of Tuscany and naming three bishops as conservators of the Franciscan privileges contained in their constitution, in part, ´To all and each to whom the presnt shall come, Tedicius [d´Aliotti] by divine mercy bishop of Fiesole, gives eternal greetings in the Lord. We make it known to you that we have seen, have read and diligently have examined the herein copied original prvileges of the Popes Clement IV and Benedict XI of which two retained their authentic pendant lead bulls on silk cords, and of which the third was sealed with pendant hemp, all of whose examples and contents are contained below, and that we have examined the seals and contents and because we have found these originals, with their true seals and which lacked all suspicion, to agree fully with the present copies, we have commanded these copies to be published through Marsoppus, formerly by imperial authority ordinary judge and notary public [the scribe of the document] of Lord Guidalotti Pintaccius and we have given our authority to this same publication, so that faith may be given to these copies as if they were originals; and to make their credibility and testimony more evident, we have commanded them to be guarded by the appending of our seal [now missing]. Clement, bishop, servant of the servants of God, to his beloved sons, the principal and all ministers, guardians and brothers of the order of brothers minor [i.e. Franciscans], greetings and apostolic benediction. In quibusdam locis......given at Perugia, 29th June, of our pontificate the first year [1265], Benedict, bishop, servant of the servants of God, to his beloved sons, the minister general, provincial ministers and all brothers of the order of brothers minor, greetings and apostolic benediction, Inter ceteros ordines.....given at Rome at St. Peter´s, 2nd April, in the first year of our pontificate [1304], Benedict, bishop, servant of the servants of God, to the venerable brothers, the archbishop of Pisa [Giovanni dei Conti di Poli] and the bishops of Florence [Loterius della Tosa] and Sienna [Raynaldus di Uguccione Malavolti], greetings and apostolic benediction. Super egenum nuper.......given at Rome at St. Peter´s, 2nd April, in the first year of our pontificate.....These letters were given and enacted.....at Florence, at the church of St. Mary´s in the Field, in the year of the Lord from the incarnation 1326, in the ninth indiction, in the time of Our most Holy Lord Pope John XXII.....on the 23rd day of June in the presence of Bartholo, priest of the diocese of Fiesole; Cio, rector of the said church of St. Mary´s in the Field; Opizzo and Pipin, notaries of the said bishop; Tuccio, rector of the church of St. Stephan of the said diocese and chaplain of the said bishop; and other witnesses´. Manuscript docket to the verso. Lacking the seal (two small central holes to the plica indicating where it would originally have been attached). Some very light, extremely minor age wear, a few small insignificant stains, and a couple of very small, minor holes to the intersection of folds, only very slightly affecting a few words of text. About VG
Thedisius d´Aliotti (d.1336) Bishop of Fiesole, a Roman Catholic Diocese in Tuscany, from 1312-36.
Giovanni dei Conti di Poli (d.1332) Italian nobleman and Dominican friar who served as the Archbishop of Pisa 1299-1312 and as Archbishop of Nicosia 1312-32.
Loterius della Tosa (d.1309) Bishop of Florence 1303-09.
Raynaldus di Uguccione Malavolti (d.1307) Bishop of Siena 1282-1307.
The bull In quibusdem locis is listed in Les registres de Clement IV (Paris, 1893) edited by Edouard Jordan (no. 1742, p.499) and in Regesta pontificum Romanorum (Graz, 1957) edited by Potthast (Vol.II, no. 19240, p. 1558). The bull Inter ceteros ordines can be located in Le registre de Benoit XI (Paris, 1905) edited by Ch. Granjean (no. 1231, col. 759) and also in Potthast (no. 25414, p. 2035). The latter bull provides for the Franciscan privileges contained in their constitution, and this constitution is specified in another papal bull which begins Inter cunctas. Inter cunctas was promulgated by Benedict XI in February 1304, two months before Inter ceteros ordines. It revoked the previous constitution of the Franciscans, specified in the bull Super cathedram of Boniface VIII, and redefined the rights of both the Franciscans and the Dominicans, covering such areas as preaching, hearing confessions and burying the dead. The text of Inter cunctas is printed in Le registre be Benoit XI (no. 1170, cols. 724-720). Its importance led to the protection of its execution by at least six bulls, of which this is the one for Tuscany (listed in Le registre de Benoit XI, no. 1314, col. 822).
Provenance: The present document was formerly in the collection of C. L. Ricketts of Chicago; see Seymour de Ricci, Census of Medieval and Renaissance Manuscripts in the United States and Canada, (New York, 1935) no. 272, p. 660.
[CATHOLIC CHURCH]: A fine, early Manuscript Document authorised by three notaries with their individual attractive devices (notarial marks) and subscriptions at the foot, one page (vellum), large folio (approx. 61 x 62.5 cm), given at the church of St. Mary´s in the Field, Florence, 23rd June 1326, in Latin. The document comprises some forty-five lines of bold, dark brown ink text in a very clear, uniform and calligraphic diplomatic charter hand characteristic of the papal chancery, and further incorporates four large uncial capitals, each with filigree decoration, being a certified and authorised manuscript copy of three papal bulls, In quibusdam locis [Clement IV; 29th June 1265], Inter ceteros ordines [Benedict XI; 2nd April 1304], and Super egenum nuper [also Benedict XI; 2nd April 1304], ordered by Thedisius d´Aliotti, Bishop of Fiesole, and authorised by Opizo, Albertus and Marsoppus, notaries of the bishop, all three of the bulls concerning privileges in favour of the Franciscan Order, the first restraining anyone from violating Franciscan churches or property, or exercising violence in them, under the pain of papal displeasure; the second renewing the exemption of the Franciscans from all ordinary ecclesiastical jurisdiction, declaring them to be subject to the papal see without any intermediary; and the third providing for the Franciscan brothers of the province of Tuscany and naming three bishops as conservators of the Franciscan privileges contained in their constitution, in part, ´To all and each to whom the presnt shall come, Tedicius [d´Aliotti] by divine mercy bishop of Fiesole, gives eternal greetings in the Lord. We make it known to you that we have seen, have read and diligently have examined the herein copied original prvileges of the Popes Clement IV and Benedict XI of which two retained their authentic pendant lead bulls on silk cords, and of which the third was sealed with pendant hemp, all of whose examples and contents are contained below, and that we have examined the seals and contents and because we have found these originals, with their true seals and which lacked all suspicion, to agree fully with the present copies, we have commanded these copies to be published through Marsoppus, formerly by imperial authority ordinary judge and notary public [the scribe of the document] of Lord Guidalotti Pintaccius and we have given our authority to this same publication, so that faith may be given to these copies as if they were originals; and to make their credibility and testimony more evident, we have commanded them to be guarded by the appending of our seal [now missing]. Clement, bishop, servant of the servants of God, to his beloved sons, the principal and all ministers, guardians and brothers of the order of brothers minor [i.e. Franciscans], greetings and apostolic benediction. In quibusdam locis......given at Perugia, 29th June, of our pontificate the first year [1265], Benedict, bishop, servant of the servants of God, to his beloved sons, the minister general, provincial ministers and all brothers of the order of brothers minor, greetings and apostolic benediction, Inter ceteros ordines.....given at Rome at St. Peter´s, 2nd April, in the first year of our pontificate [1304], Benedict, bishop, servant of the servants of God, to the venerable brothers, the archbishop of Pisa [Giovanni dei Conti di Poli] and the bishops of Florence [Loterius della Tosa] and Sienna [Raynaldus di Uguccione Malavolti], greetings and apostolic benediction. Super egenum nuper.......given at Rome at St. Peter´s, 2nd April, in the first year of our pontificate.....These letters were given and enacted.....at Florence, at the church of St. Mary´s in the Field, in the year of the Lord from the incarnation 1326, in the ninth indiction, in the time of Our most Holy Lord Pope John XXII.....on the 23rd day of June in the presence of Bartholo, priest of the diocese of Fiesole; Cio, rector of the said church of St. Mary´s in the Field; Opizzo and Pipin, notaries of the said bishop; Tuccio, rector of the church of St. Stephan of the said diocese and chaplain of the said bishop; and other witnesses´. Manuscript docket to the verso. Lacking the seal (two small central holes to the plica indicating where it would originally have been attached). Some very light, extremely minor age wear, a few small insignificant stains, and a couple of very small, minor holes to the intersection of folds, only very slightly affecting a few words of text. About VG
Thedisius d´Aliotti (d.1336) Bishop of Fiesole, a Roman Catholic Diocese in Tuscany, from 1312-36.
Giovanni dei Conti di Poli (d.1332) Italian nobleman and Dominican friar who served as the Archbishop of Pisa 1299-1312 and as Archbishop of Nicosia 1312-32.
Loterius della Tosa (d.1309) Bishop of Florence 1303-09.
Raynaldus di Uguccione Malavolti (d.1307) Bishop of Siena 1282-1307.
The bull In quibusdem locis is listed in Les registres de Clement IV (Paris, 1893) edited by Edouard Jordan (no. 1742, p.499) and in Regesta pontificum Romanorum (Graz, 1957) edited by Potthast (Vol.II, no. 19240, p. 1558). The bull Inter ceteros ordines can be located in Le registre de Benoit XI (Paris, 1905) edited by Ch. Granjean (no. 1231, col. 759) and also in Potthast (no. 25414, p. 2035). The latter bull provides for the Franciscan privileges contained in their constitution, and this constitution is specified in another papal bull which begins Inter cunctas. Inter cunctas was promulgated by Benedict XI in February 1304, two months before Inter ceteros ordines. It revoked the previous constitution of the Franciscans, specified in the bull Super cathedram of Boniface VIII, and redefined the rights of both the Franciscans and the Dominicans, covering such areas as preaching, hearing confessions and burying the dead. The text of Inter cunctas is printed in Le registre be Benoit XI (no. 1170, cols. 724-720). Its importance led to the protection of its execution by at least six bulls, of which this is the one for Tuscany (listed in Le registre de Benoit XI, no. 1314, col. 822).
Provenance: The present document was formerly in the collection of C. L. Ricketts of Chicago; see Seymour de Ricci, Census of Medieval and Renaissance Manuscripts in the United States and Canada, (New York, 1935) no. 272, p. 660.
AUTOGRAPH LETTERS, MANUSCRIPTS & HISTORICAL DOCUMENTS AUCTION
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1. Interpretation
1.1. "Auctioneers" means " International Autograph Auctions Europe S.L. "
1.2. "Catalogue" means the brochure relating to a sale (including any addendum thereto) and any other related documents and advertisements.
1.3. "Conditions" means these terms and conditions of sale
1.4. "Hammer Price" means the price at which a lot is knocked down by the Auctioneers to the Purchaser.
1.5. "Purchaser" means the person who purchases a lot or lots pursuant to these conditions.
1.6. "Seller" means the person who is selling the lot or lots pursuant to these conditions.
1.7. "VAT" means Value Added Tax.
2. Bidding
2.1. The highest bidder for each lot shall be the Purchaser of that lot.
2.2. No person shall be entitled to retract a bid. The Auctioneers reserve the right of refusing any bid without giving any reason and of altering, adding to, dividing, consolidating or withdrawing any lot or lots for sale.
2.3. The Auctioneers reserve the right to fix a reserve price for any lot at a figure no higher than the lower estimate.
2.4. The Auctioneers reserve the right to bid on behalf of the Seller on lots which are subject to a reserve price. The Seller shall not be entitled to bid where the Auctioneers have reserved such a right.
2.5. In the case of a dispute as to any bid the Auctioneers may immediately determine the dispute or put up the lot again at the last undisputed bid or withdraw the lot.
2.6. The Auctioneers will accept written commission bids free of charge from any person who is unable to attend the sale. Bids will also be accepted by telephone and fax at the sender's risk.
2.7. Lots will not normally be sold at less than two-thirds bottom estimate.
3. Payment
3.1. Each Purchaser shall give in his name and address and proof of identity (if required) to the Auctioneers at a sale and shall if required pay such deposit as the Auctioneers may specify.
3.2. The Purchaser shall pay the Hammer Price together with a premium of 30.25% on the Hammer Price (this amount includes VAT and must not be shown separately or claimed as input tax). By the making of any bid the Purchaser acknowledges that his attention had been drawn to this fact and that he assents to the Auctioneers receiving the said commission. A 25% premium will be payable by Purchasers outside the European Union (EU). Zero-rated goods such as books will be subject to a premium of 25% whether within or outside the EU unless entered by a VAT registered Seller.
3.3. Payments for lots must be made in cash, bankers draft or cheque guaranteed by the bank upon which it is drawn. Lots will not be released against cheques from Purchasers unknown to the Auctioneers until cleared by such Purchaser's bank. Payment is accepted by Visa and Mastercard. A surcharge of 3% plus VAT will be levied to accounts settled by credit cards for non EU buyers. Payment is also accepted by most debit cards with no surcharge.
3.4. Overseas clients are requested to settle accounts by USA Dollars or Sterling bank transfer (details upon request), by Euro cheques, by Visa or Mastercard (a surcharge of 3% plus VAT [clients outside the EU exempt from VAT] will be levied to accounts settled by this method) or if payment is made on personal accounts in foreign currency the client is requested to add the equivalent of a further €10 to cover bank conversion charges. The Auctioneer reserves the right to claim back from the Purchasers any shortfall due to bank charges or currency fluctuations on that account.
3.5. No lots will be released by the Auctioneers until receipt of payment in full from the Purchaser.
4. Risk
4.1. All lots shall be the sole risk of the Purchaser from the fall of the hammer.
4.2. The Purchaser shall take all lots in the condition in which he finds them. It is the responsibility of all intending Purchasers to satisfy themselves by inspection or otherwise as to the authenticity in the authorship, date, age, period, condition or quality of any lot.
5. Liability
5.1. Neither the Seller of any lot nor the Auctioneers make or give nor has any person in the employment of the Auctioneers any authority to make or give any representation or warranty in relation to any lot and any implied conditions or warranties are excluded.
5.2. All statements contained in the Catalogue as to the authenticity, attribution, genuineness, origin, authorship, date, age, period, condition or quality of any lot are statements of opinion only and are not to be taken as or implying statements or representations of fact. Lots are sold subject to all faults and errors in description or otherwise.
5.3. Notwithstanding the provisions of paragraphs 5.1. and 5.2. of these Conditions in the event of a dispute as to authenticity of any lot(s) the item or items in question should be returned to the Auctioneers within 21 days of receipt by the Purchaser of such lot(s) together with a formal statement by a recognised expert The Auctioneers shall at their option and without admission of liability reimburse the price paid by the Purchaser in respect of such lot(s). This does not constitute an approval service.
5.4. Neither the Auctioneers nor the Seller shall be responsible for any loss, damage or injury occasioned to or sustained by any person on the premises before, during or after a sale save in respect of death or personal injury caused by negligence of the Seller or the Auctioneers.
6. Capacity of Auctioneers
For all purposes of a sale the Auctioneers shall be deemed to be the agent of both the Seller and the Purchaser and they shall not be considered responsible for any default on the part of either the Seller or Purchaser.
7. Delivery
7.1. Lots will only be released once payment in full has been received from the Purchaser.
7.2 An insurance charge of 1.8 % plus VAT will be applied to all invoices for packages sent from our offices
7.3. Postage is subject to VAT at 21% within the EU
7.4. The Auctioneers will provide full customs declarations on the Hammer Price plus the Purchaser's premium and Purchaser's shall be responsible for any customs charges made by the country of import.
7.5. A charge will be made for the packing & shipping of deliveries which is subject to VAT at 21% within the EU.
8. Auctioneers Remedies
In the event that the Purchaser fails to pay for any lot(s) in full pursuant to these Conditions then the Auctioneers shall be entitled:
8.1. to rescind the sale of the relevant lot(s)
8.2. to resell the lot(s) without further notice either by public or private sale and the deficiency (if any) arising from such second sale together with all charges and expenses relating to the same shall be the responsibility of the defaulting Purchaser and shall be recoverable as and for liquidated damages.
9. Jurisdiction
These Conditions shall be governed by Spanish law and the parties submit to the exclusive jurisdiction of the Spanish courts.
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