3234

RRR: 
3234
YEAR: 
1258
text: 
February 27. Viterbo. Pope Alexander IV writes for the record, concerning the marriage dispute between Queen Placentia of Cyprus and the nobleman Balianus [of Ibelin], son of Johannes [of Ibelin], lord of Arsur (Azoto). The pope relates that the Apostolic See committed the case to Archbishop [Hugo] of Nicosia and Bishop [Stephanus] of Famagusta, before whom the queen petitioned that her de facto marriage with Balianus and everything stemming from that be annulled, since de iure they could not marry because her late husband, King [Henry I] of Cyprus, was related to Balianus in the third degree of consanguinity. The case was fought legitimately with sworn accusations, depositions and responses to them heard, and witnesses admitted for certain articles. Afterwards the pope committed the case to Archbishops [Gilles] of Tyre and [Joscelin] of Caesaria (Cesariensis), who finally referred it back to the Apostolic See, having fixed a deadline for the parties to appear before the pope with all materials concerning the case. So with the procurators of the parties in the pope’s presence, when the trial before the aforesaid judges was understood, the litigants argued at great length before Cardinal-Bishop [István Báncsa] of Palestrina (Penestrinus), whom the pope named as auditor in the case. The queen’s procurators in her name asked the auditor to proceed to a definitive sentence according to the libel and the trial done before the previous judges. Balianus’ procurators responded that what was petitioned should not be granted because the queen and Balianus had taken an oath to marry each other if a dispensation for the affinity between them were obtained from the Apostolic See within a year. They said that the marriage took place before this was obtained, but, at the request of the queen and Balianus, Pope Innocentius [IV] granted the dispensation, destroying the impediment of their affinity. On the contrary, the queen’s procurators stated that, before the dispensation was obtained, the queen ceased living with Balian and, after she was made aware of the dispensation, she protested in public and many times that she did not want Balianus for a husband and that she did not accept the dispensation at all. The queen’s procurators also added that said oath was not sworn absolutely, but on the condition that the queen would marry Balianus if it pleased her brother, Prince [Bohemond VI] of Antioch, who never consented to this, but rather persisted in his continual opposition. They also said that the dispensation was not obtained according to the tenor of the oath, nor did it bind them to remain in the marriage, but left it to the choice of their own will. Given the above, the pope, with the cardinals’ advice, determines that the marriage did not take place or that it is annulled, along with anything stemming from it. And since on the pretext of the marriage Balian took over the kingdom and other property of the queen, the pope determines that the kingdom is to be restored to the queen in her name and in the name of her child, King Hugo [II] of Cyprus, as are her other movable and immovable properties, condemning Balian’s procurators in his name and Balianus himself through them to make this restoration. After these things have been completely and fully restored to the queen and she is in peaceful possession of them, however, if Balianus wishes to force her to marry him on the basis of the oath and to pursue this in court, the pope will allow him the fullness of justice.
Sources: 
Bourel de La Roncière, Les registres, 2:782-83, no. 2510; Schabel et al. [eds.], Bullarium, 1:493-96, no. f-31; trans. D’Avray, Dissolving Royal Marriages, pp. 105-7
Comments: 
Note: The dispensation is not present in the papal registers.

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