Title — Decretals of Gregory IX
Title XI: On Excessive Claims
Sole Chapter
Latin source headnote: It sets down the four modes of claiming too much and the penalties of those who claim too much.
Gregory IX.
It cannot be called the counsel of prudence that you demanded from your adversary before the term the money owed to you. For the importunity of those claiming too much is punished if they have determined to persist in judgment with their petition, in such a way that those who, without cause, seek more in respect of the thing are condemned in expenses to the adversary.
Those who claim too much in respect of place are liable for the interest, because the advantage which the debtors would have had if they had paid at the appointed place is taken from them.
For him from whom more is sought in respect of time, the delays are doubled, nor shall he undertake the lawsuit unless his expenses are paid to him.
We do not believe that you doubt that too much is sought in respect of cause when something is owed generically or under an alternative and it happens that a specific thing or one thing precisely is sought.
In respect of the thing, however, when ten are owed and twenty are demanded.
In respect of place, when someone is sued, not where it was agreed that he should pay, but elsewhere.
In respect of time, when what is owed is sought before the day or the condition.
DE PLUS PETITIONIBUS.
Ponit quatuor modos plus petendi et poenas plus petentium.
Gregorius IX.
Consilium providentiae dici non potest, quod pecuniam tibi debitam ante terminum ab adversario repetisti. Punitur enim importunitas plus petentium, si super petitione sua duxerint in iudicio persistendum, ita, quod, qui re petunt amplius sine causa, in expensis adversario condemnantur. 1. Qui autem plus loco, ad interesse tenentur pro eo, quod utilitas adimitur debitoribus, quam haberent, si statuto loco solvissent. 2. Ei vero, a quo amplius tempore petitur, induciae duplicantur, nec litem excipiet, nisi ei solvantur expensae. 3. Te quoque dubitare non credimus, quod causa plus petitur, quum aliquid in genere vel sub alternatione debetur, et rem in specie vel unum praecise peti contingit. 4. Re autem, si X. sint debita et XX. repetantur. 5. Loco vero, quum quis non ubi convenit solvere, sed alibi convenitur. 6. Tempore quoque, quum ante diem vel conditionem petitur quod debetur.