3260

RRR: 
3260
YEAR: 
1259
text: 
May 15. Anagni. Pope Alexander IV writes to Consiglio Lotaringi and Bene da Cetara (Consilio Lotheringii et Bene de Cetera), associates, citizens, and merchants of Florence, relating that he was shown their petition explaining that they had a legal case with Bishop [Opizo] of Tripoli (Tripolitanus) that the pope assigned to Cardinal-Deacon O[ctavianus] of Santa Maria in Via Lata, who in turn assigned subdeacon and papal chaplain Master Ubertus de Cochenato (Cocconato) to hear the case. After the proper procedure, the cardinal was informed and decided the case definitively, and at the request of the addressees the pope confirms and strengthens it, inserting the public instrument of Ubertus verbatim: ‘Before the cardinal, in his name and in that of Bene, Consiglio proposed against Bishop Opizo (Obizo [sic]) Of Tripoli (Tripolitanus) that while the bishop was at the Apostolic See with papal permission to borrow up to 10,000 gold Saracen besants of Acre (Accon), at the weight Acre, for his and his church’s business at the Roman Curia, he confessed and recognized that he had borrowed for this purpose from the Florentine citizen and merchant Jacobus Chiberti (Iacopo Giberti), in his name and that of his associates, 6,000 such besants, promising Jacobus that he, his church, or his successors would repay the merchants or their nuncio in full in Tripoli or Acre (Accon) the following 1 August [1258], otherwise he promised to pay every two months afterwards for damages, interest, and expenses 10 besants for every 100 besants owed (10%) and the expenses of one merchant with one horse and one servant, wherever he may be, until the full amount is paid, as is recorded in the public instrument made for this purpose. But the bishop did not pay in the time and place nor afterwards. Jacobus and his associates then sold the debt of 6,000 besants plus damages, interest, and expenses to Consiglio and Bene da Cetara. In his name and in that of Bene, Consiglio asked that the bishop be condemned and forced to pay the original 6,000 plus damages, interest, and expenses, which they calculate to be 4,000 such besants. The cardinal assigned the case to Master Ubertus, who heard the case with the parties in his presence. The procurator of the bishop admitted that the bishop promised as he did, but denied that it should happen as Consiglio proposed. With oaths taken by the main parties and the instruments of the merchants shown, reasons, rights, and allegations proposed, after diligent deliberation Ubertus reported his findings to the cardinal, namely that the bishop owed Consiglio and Bene 6,000 besants plus 1,300 for damages, interest, and expenses. With special mandate from the cardinal, Ubertus condemned the bishop to pay the merchants or their procurator in the city of Tripoli (Tripolitana) the coming August [1259] 3,400 besants and 3,900 besants in the same place the following August [1260]. The sentence was given at Anagni in the presence of the bishop’s procurator, Antonius Azarii, and Consiglio, before several witnesses, on 5 May 1258, drawn up by Paris de Spoleto, public notary.’
Sources: 
Bourel de La Roncière, Les registres, 3:35-37, no. 2885

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