Yes, he was quite the scholar and was famous for unearthing quite a bit amidst the dust in the archives. Anyway, if you have the chance, it would be interesting to know the details of those cases.
Okay, I found what I was looking for. My memory served me wrong. Taken from
A Practical Commentary on the Code of Canon Law by Rev. Stanislaus Woywod, O.F.M., 1939. (That’s interesting, I wouldn’t have guess that he was a Franciscan.) Here is the relevant paragraph:
- Whether priests have ever received from the Holy See the power to confer deaconship and the priesthood, and whether such a power can be given to a priest by the Supreme Pontiff, is an interesting question. It seems that, by the Constitution “Exposcit” of April 9, 1489, Pope Innocent VIII gave the Abbot of the Cistercians at Citeaux and four other abbots of the same Order the power to ordain deacons. Much has been written for and against the genuineness of this concession. A number of the older prominent authors affirm the privilege. Cardinal Gasparri found the document in the Vatican archives, but he states that there was no mention in it of the privilege to confer deaconship [emphasis added].
Recently it has been asserted that in 1401 Pope Boniface IX granted to the Abbot of St. Osyth, in England, and to his successors forever, the power to confer on the professed subjects of his abbey all the orders from the minor orders to the priesthood, inclusively. In his commentary on the Code [Handbuch des kath. Kirchenr., II, 117**], Dr. Martin Leitner relates that the English scholar, Egerton Beck, sent him copies of two documents of Pope Boniface IX–one of February 1, 1401, granting the above-mentioned privilege, and another of February 6, 1404, revoking it. His conclusion is that there is no pronouncement of the Church either in the Council of Trent or in any other dogmatic document by which it has been decreed that the Supreme Pontiff does not possess the power the delegate to a priest the faculty to ordain deacons or priests. Strange as this opinion may seem, it finds its counterpart in the opinion of many theologians of the Middle Ages, who held that the minor orders conferred the Sacrament of Orders, and yet they did not call in question the power of the Supreme Pontiff to delegate priests to confer these orders.
**Appendix III, 41a:
Concerning the Bull “Exposcit” of Pope Innocent VIII, April 9, 1489, which empowered some Cistercian Abbots to confer deaconship, Dr. Gillmann (Würzburg) requested Cardinal Ehrle to have a thorough search made at the Vatican Archives, and the result was that the above-mentioned Bull
was not found [emphasis added]. The search, however, established the fact that seven volumes of
Regesta of the fifth year of the pontificate of Pope Innocent VIII were missing, as well as five volumes of the
Regesta of the sixth year, and the fifth volume of the “Regesta Supplicum” of the sixth year of his pontificate. Dr. Gillmann remarks that the authenticity of the Bull in question is quite certain, since it was published as early as 1491, at Dijon, in the
Collectanea Cisterciensium Privilegiorum, and the Cistercian Abbots made us of the privilege as late as the middle of the seventeenth century (
Archiv für katholisches Kirchenrecht, CIV, 57-59).
Concerning the Bull “Sacrae religionis” of Pope Boniface IX, February 1, 1400, granting faculty to the Abbot of St. Osyth, England, to confer all the Order including priesthood, Dr. Gillmann states that he was informed by the Vice-Prefect of the Vatican Archives that the Bull is the be found in the archives. He also proves that the abbots did not have episcopal consecration, but were priests only (
Archiv für katholisches Kirchenrecht, CV, 474).
There is a divergency of dates concerning the last-mentioned Bull. Dr. Leitner has February 1, 1401, and Dr. Gillmann has February 1, 1400. In the withdrawal of the Bull they differ one year–Dr. Leitner, February 6, 1404, Dr. Gillman February 6, 1403. It is evidently through a difference of figuring of time in those centuries that authors differ in the reading of the dates of Papal documents.
–
What are we to make of all that? Perhaps Gasparri did indeed find the document, but it was lacking another portion that gave the privilege. What are we to make of Pope Boniface? Did he give the privilege and then remove it because he was informed that such a privilege was not certainly valid by some Roman theologians? I don’t know if we’ll ever know, but it seems that there can be no doubt that, at the very least, the Abbot of St. Osyth had the express permission for three years from the Pope to confer all orders, including the priesthood, even though he was simply a priest himself. (This is obvious, for if he were a bishop, he would certainly have the right to ordain his subjects without appealing, for many abbots had jurisdiction apart from any diocese, that is, Abbots
Nullius, even as simple priests.)