Title XXII: On Sureties

Latin source headnote: It is brief and cannot be summarized more briefly.

From the Council of Canterbury.

Let a cleric serving in suretyships be cast out.

Latin source headnote: A cleric is compelled to preserve a surety harmless through assignment of his revenues.

Lucius III, to the Bishop of Ely and the Archdeacon of Norwich.

It came to us from the complaint transmitted to us by R., a cleric of Saint Albans, that, when at their insistence he became surety for C. and F., clerics of London—for one of them, namely Elias, in six, and for the other in seven additional marks of silver—to merchants of Bologna, and they did not pay the aforesaid money as one had promised under faith and the other under oath, he was compelled to satisfy the aforesaid creditors for them, as had been agreed between them, concerning it. Therefore, lest the aforesaid R. suffer loss whence he appears to have deserved reward, we commanded our venerable brother I., Bishop of Bologna, to inspect the instruments concerning those debts that are with the creditors and not delay to send you transcripts of them marked with his seal. Therefore, we command and order your discretion that, if from the confession of the aforesaid clerics or otherwise it is lawfully established to you that the matter stands thus, you admonish them to restore to the aforesaid R., delay and appeal ceasing, the money that he paid for them, and to preserve him harmless. Otherwise, supported by apostolic authority, cause the aforesaid debts to be paid in full, appeal being removed, from their revenues, and also the losses that the same R. sustained on this account to be repaired; or assign the aforesaid revenues to him to be retained without molestation until those losses have been repaired and the debts paid without diminution. But if it is established that the aforesaid clerics violated the sanctity of their faith and oath, suspend them from office and benefice with the obstacle of appeal removed. Moreover, because, etc. (cf. c. 5, On the Oath of Calumny, II. 7.) [Given at Rome at Saint Peter's, on the fifth day before the Ides of December.]

Latin source headnote: A debtor is compelled by canonical censure to absolve from suretyship a surety who is troubled by creditors.

The same, to the Archbishop of Canterbury.

Constituted in our presence, our beloved son Master S. showed us by his assertion that, at the requests of Master P. of Blois, your chancellor, at the time of the Lateran Council, he interceded for him in a certain sum of money. Because the debtor has not paid it until now, this man asserts that he has suffered many troubles from merchants of Bologna, and that the ancient debt has been greatly increased. Therefore, because by reason of our office we wish to provide that one who deserved favor not sustain punishment, by apostolic writings we command your fraternity that, if the truth of an assertion of this kind is lawfully established to you, you compel the aforesaid debtor by ecclesiastical censure, every favor and fear being set aside and notwithstanding anyone's appeal, wholly to absolve him from the aforesaid intercession without delay. But because diverse experiences of diseases compel us to find varied remedies, by authority of the present letters we also enjoin that, if perhaps he denies the debt or its accruals, notwithstanding a custom contrary to law, he be compelled to undergo the oath of calumny. Furthermore, because it would be difficult for the intercessor to bring his witnesses to England, after suitable security has been received from the chancellor himself by the judges of Bologna that he will go or send to hear the witnesses within a competent term, signify to them by your letters that in your stead they receive and examine them, and question them diligently; and, transmitting their depositions enclosed, signify how much credence can be given to the instruments or witnesses. Moreover, if the aforesaid P., having been cited, should contemn to approach your presence or stand in judgment, within thirty days after receipt of these letters render him deprived of his benefice and convert its revenues to payment of the debts until the creditors have been satisfied.

Latin source headnote: If without license of the prelate and greater part of the chapter a religious person becomes surety or receives a loan, the church is not liable and the recipient himself is punished, unless the loan was turned to the utility of the church.

Innocent III, in the General Council.

What has been prohibited to certain religious by the Apostolic See we wish and command to be extended to all: namely, that no religious person, without license of the greater part of the chapter and of his abbot, become surety for anyone or receive from anyone a loan of money beyond the sum established by common providence. Otherwise, let the convent in no way be bound to answer for these things, unless perhaps it is manifestly established that it redounded to the utility of that house. And let one who has presumed to come against this statute be subjected to graver discipline.

Latin source headnote: It sets forth three cases in which a surety proceeds against a debtor before he pays, so that he may be freed from the suretyship.

Gregory IX.

If the person for whom you obligated yourself as surety has long ceased from payment of the debt, has begun to dissipate his goods, or you have been condemned concerning it, you will by law be able to sue him so that he ought to free you from the suretyship.