EDICTS UPON THE Ordaining and Establishing of a Common-Place, and Jurisdiction, of the PRIORS and CONSULLS OF THE MERCHANTS Of the CITIE of ROAN.
Together with the Letters, Pattents, and Declarations of His MAIESTIE, since that time made with the Approbations, and Regulating thereupon ensuing in the Court of Parliament of the same Citie.
Translated out of French into English, for the benefit, and use of MERCHANTS.
By Peter Mitton.
London, Printed by J. R. and are to be sold by Peter Mitton, dwelling in Mark-Lane. 1645.
To the Right Honourable, Thomas Atkin, Lord Major; And the Right Worshipfull, the Aldermen, his Brethren; And to the Merchants in generall of this Honourable Citie of LONDON.
WHereas you have been pleased (for the great ease and benefit of the Merchants of this Honourable Citie) to imploy me for that purpose, to procure a Court of Merchants here, (as may appear by a Petition of all the Merchants [Page 4] in generall) which Court is the usuall Custome in France, (as appeareth by their own Printed Book for that purpose) which said Book, after a long and diligent search, I have with much labour and charge, translated, and procured leave from the Parliament to Print and Publish. And I hope, what is done, will be to your good liking: And if the businesse shall be prosecuted, so as to be wholly effected, I fear not, the result will prove it to be an acceptable indeavour, from
THE MERCHANTS New Royall Exchange.
His Majesties Edict, for the ordaining, and establishing (in the Citie of Roan) of a Common-place for Merchants, according to the Order of the Change in Lions, and the Bourse in Thoulouze.
Whereas we have been heretofore informed, That our Citie of Roan is one of the best Towns in all our Kingdom, by reason of the scituation; commodious for all Comerce and Traffick, where divers Merchants (as well of this our [Page 6] Realm, as of many other Nations) do usually hold an entercourse of buying and selling, for the continuance and propagation; whereof there hath of late (by vertue of our Letters missive) been erected and established in the same Citie, a Common Place for Merchants and their Factors to assemble themselves in, twice every day at the hours accustomed, to dispatch their Affairs and Negotiations in such manner as is accustomably used in the Exchange at Lions, and the Bourse at Thoulouze, to the intent, that the Forraign Commodities of other Countreys, may more readily be transported and exchanged away with those which our own bringeth forth.
Be it therefore known to all men, that we (through an Ardent zeal and desire that we have to advance the generall good of our said City of Roan, and to augment the Common benefit, and ease of all Merchants Negotiating there, and in all things possible to gratifie them, that they may not be distracted and drawn from their Affairs and [Page 7] businesse, into sundry Courts and Jurisdictions, (by means of Suites and variances arising at any time about their Traffick) by the deliberate advice of our Privy Councell, (together with divers Noblemen and Princes of our blood) besides other great and honourable personages: Of our own proper motion, assured knowledge, and Royall Authoritie, have approved and confirmed, and by these presents, do approve and confirm, the erecting and establishing, of the said Common Place in that our Citie of Roan, Instantly ratifying the same in all points, with the Exchange of Lions, and the Bourse of Thoulouze.
We will and Ordain, and our pleasure is, that all Merchants, Factors, and all others of what Nation soever, may resort themselves in the same twice every day, at the hours accustomed: And in their meetings shall freely use their Traffick, and passe their Businesse, as well by Exchange, as otherwise, not onely in the same place, but also in any other whatsoever, [Page 8] within the Liberties of our said Citie of Roan, when and where, they shall think good, with all assurance and safetie of their Merchandize; And withall such Priviledges and Liberties, which Merchants Trading to our Towns of Lions and Thoulouze, do enjoy and use, according to the grant of our Predecessours, Kings of France, and of us.
Furthermore, We will and ordain, That the Merchants of the said Town of Roan (frequenting the same place) shall every yeer, cause a generall meeting of Merchants in the Common-Hall of the said Bourse, or in any other place in the same Town, and at such time, as they shall think good; in which meeting, they shall chuse out of the said number, three Officers, viz. a Prior and two Consuls, to remain in their Authoritie for one yeer, and so yeerly to be changed, and there new to be elected, according to the ordinary form of most voices; not onely the Merchants of the Town of Roan, but also the Merchant strangers, being [Page 9] to be present, and assistants in the said election; which election and nomination being fully ended, the said Prior and Consuls, shall have present power in them, to take notice, and to give judgement (between all men, of what estate, qualitie, or condition soever they be) of all suites, controversies, and differences, touching matters of Merchandizing, or buying, and selling, in such manner as the Conservator of the Fair at Lions, and the Prior and Consull at Thoulouze do, as well for Obligations, Bils of Debt, Receits, Blankes Signed, Bils of Exchange, Answers by Sureties, Associations of Merchants, (either generall or particular) Assurances, Accounts, Transportations, Bargains, and Partnerships, for matters aforesaid, or any thing belonging thereunto, with as full Authorite, Power, and according to the Judgements, and Condemnations, of the said Conservators of Lions, and the Prior and Consuls of Thoulouze. And that the Judgements, and Sentences, Decrees and Ordinances, Commissions [Page 10] and Commands of the said Prior and Consuls of Roan, provissionaries, or definitives, (the word provissionaire or interlocutor, signifieth, to lay down the Moneys) shall stand in as much force and effect, for any matter Judicially determined, as those causes which the Conservator of Lions, and Prior and Consuls of Thoulouze, and others of our Judges do decide: And the same shall be executed by our Serjeants and Officers, in such manner and form, as they are in their behalf above named, either by committing to prison, or by inflicting severe punishment, if it be so decreed and ordained: And to that end, shall our Messengers and Officers be bound to serve the executions: Our Jaylors and Keepers of our prisons, shall likewise be bound to receive and keep all such prisoners, in such manner, as if they were committed unto them, by our abovesaid Judges, and under the like penaltie (if any escape happen) as they be bound to keep the prisoners by the Authority of the said Judges; For so we have charged and [Page 11] commanded our Messengers, and other our Officers, Jaylors, and Keepers of prisons, upon such penalties, as the case shall require, and according as by the said Prior and Consuls shall be set down and declared, without any appeal, according as the offence committed shall require.
Moreover, we have granted, and do grant, the said Prior and Consuls, to take unto them, twenty of the said Merchants, or more or lesse, as they shall think reasonable, to assist them in proceeding in their Judgements, in Causes of Merchandize, Bils of Exchange, Assurances, and Differences, as abovesaid; and to cause to be executed, their Sentences, Judgements, and Ordinances, of Consignments, Provisions, Seizing of Goods, and all their other Condemnations, Sentences, or Appointments, to proceed therein by Out-cries, Proclamations, giving notice to themselves, or leaving notice at their Houses, by Proof, Sales, Depositings, Deliveries, and execution Definitive, as the Case shall require.
[Page 12]Likewise, we give them power, to direct the same Processe, and to proceed therein, according to their Ordinances, as well in matters summarily, as by provision: As acknowledgement of Bils, Subscriptions, and Letters of Exchange.
And the like in Acts of deposite consignments, by one onely default of Appearance duly proved, by summoning the person at his House, or fixing there a Copy of the Commission or Processe, in all places where it is lawfull to be done. And touching other matters, where two defaults shall be made, or summoned in person, they shall proceed, observe, and keep the course according to the Kings Ordinances. And for all matters wherein they shall give sentence of execution according to their knowledge, We will, and We do permit them (as before is said) to cause the execution to passe in all places under command, of Our Court of Parliament at Roan, and in all other places of Our Kingdom, where need shall require: Without [Page 13] any disturbance, or let to be done, by any of Our Judges, Justicers, or Officers, either against them, or their Deputies: Neither shall they let or hinder any Summons, or Arrest, Writ, or Warrants, issued out by them. And to give their assistance in all Causes appertaining to their knowledge, touching matters of Traffick, and all things thereunto belonging, against all Merchants trading in our said Citie of Roan. And as touching their Factors, Dealers, and Corresponders, of what quality soever they be, (sent by them into divers Countreys, Regions, and Provinces, as well within, as without Our Kingdom, Countreys, and Dominions, under Our Obedience, for the Cause of Traffick, Merchandizing, and doing of businesse, and all other things thereunto belonging.)
We will and ordain, That they may be constrained to bring their Causes and Proofs, for all matters aforesaid, before the said Prior, and Consuls, for the time now being, or that shall hereafter [Page 14] execute these Offices: Be it either for the rendring of account, and satisfaction of part, or of whole, or condemnations in penalties, or other condemnations for fines, for trespasses, and of all other things that shall be requisite, concerning, and belonging to the trade of Merchandize, according as they shall demerit; Whereof We have permitted them, and do give them power to use the form, even as the said Conservator of Lions, Prior and Consuls of Thoulouze, and others our Judges do. And to cause execution to be served on the offenders, either by Arrest, Attachment of Goods, and sale thereof, or by imprisonment of the Parties condemned, even as they shall think good. Inhibiting all our Judges to presume to take knowledge of any of their said proceedings, or of any matter or plea thereunto belonging: Which Commanders, We will to be made known unto them, and unto whom it shall appertain, by the first of our Officers, or Serjeants, that shall be required, whom We injoyn [Page 15] to perform the same accordingly, to the intent, that all those charges and extraordinary expences, which Merchants may be put unto, in following their suites against their Factors and Corresponders, before many Judges, might by this means be utterly avoided.
Furthermore, We have permitted, and do give Authority to the said Prior and Consuls, that all such penalties of Moneys as by them shall be inflicted upon men for contempts, or any other offences, shall be forfeited, the one half to Us, the other half to the use of the said Common Place, or Bourse of Roan, for the use thereof; allowing them likewise, absolute libertie and power, to chuse and appoint one Counsellour, and one Atturney, who shall by all lawfull means, labour the benefit and advancement of the said place, and shall defend the same; to direct their Processe and Causes, as well before the said Priors and Consuls, as before all other Judges.
[Page 16]And to the end, that the Merchants may assemble themselves, as well to consult of their common affairs, as to appoint the said Counsellour and Atturney, without being bound to repair to Us, or to Our Judges for leave, when need shall require. Therefore all such Judgements as shall passe before the Prior and Consuls, being sealed with their seals, and signed by a Register by them appointed, be it by imprisonment, sale, disposing of Goods, or otherwise, shall be held for reall and lawfull, being past in manner aforesaid; without any constraint to obtain our further permission or liking, even according as was granted by Our most Honourable Father the King, unto the Merchants of Our Citie of Lions, by His Letters Pattents; Given in the Moneth of February, in the yeer of our Lord, 1535. Reserving unto Our said Court of Parliament, at Our said Citie of Roan, for a last conclusion; and by appeal, the jurisdiction and knowledge of the said discords and differences.
[Page 17]And to the end that all such appeals as shall proceed, by reason of the Judgements and Sentences that shall be given and declared by the said Prior and Consuls, may be speedily and without delay ended in our said Court; We have ordained, and do ordain, injoyn, and command, all our loving and trusty Presidents and Councellors, (holding our said Court of Parliament) to appoint the said Merchants, without delay, one day in every week, such as they shall think convenient, to hear, determine, and dispatch the said Appellations, by order of Roll for that purpose ordained. And in regard of the processe by writing, there shall be an other Roll made apart, to the end, that the said appeals may be ended in the same day, to avoid the prolonging of suites, to the ruine and consuming of the parties. And to the end, that the said place of meeting of the Merchants, twice a day, may be quiet, and without disturbance; Our pleasure is, and We do straightly command, That none of [Page 18] our Serjeants and Officers, presume to enter into the same place, nor to make any Arrest (for any cause) of any person whatsoever, during the time of those two accustomed hours of meeting. And if such Arrest should be made during the said hours; We have declared heretofore, and do declare at this present, the same to be void and of no effect, charging all our Judges, not to meddle therein.
And as we are informed, that the Trade of Assurances, is of late greatly advanced by the Merchants of the said Citie of Roan, (a work so honourable) that it doth even increase, and greatly advance the Traffick, and commerce of the said Citie. We (to the end those said policies of the said Assurances, and all other writings thereunto belonging, may receive full force) have permitted, and do permit that all Merchants frequenting the said place, (both now and hereafter) to come to assemble themselves at all times, when it shall be needfull, to chuse and nominate according to the most voices, one [Page 19] Merchant amongst them (such a one as they shall think meet, being a man trusty and expert in the knowledge of the Traffick of Assurances) who shall make and register the said policies, whereunto the Assurers shall set their hands at all times hereafter in the said place and liberties of Roan, when as it shall please the Merchants: Whose Office shall likewise be, to draw forth accounts of such arrerages as shall happen, (being thereunto called) receiving for his pains and time spent about the businesse, of the same Assurances, according as it shall be thought meet by the said Merchants: And keep a perfect and true Register of the same Assurances; To the which Register and Copies thereof, and all other Acts and Writings by him made concerning matter of Assurances, and by him assigned; We will and ordain, That all manner of credit shall be thereunto given, before all Judges, and others, to whom it shall appertain, without that any other person or persons shall have to do, or meddle in the [Page 20] said businesse of Assurances, or any thing thereunto belonging, unlesse he be before chosen and admitted thereunto, by the said Prior and Consuls, and by the said Merchants as beforesaid.
And we do command, and do charge, all Persons holding our Courts of Parliament, Great Councels, Admirals, Vice-Admirals, Stewards, and their Deputies, and all other Judges and Officers whom it shall concern, That you do cause to be read, proclaimed and registred, this our present Will, Declaration, Permission, and Ordinance; and the same to be observed and kept by all them accordingly; That the Merchants may use and enjoy the force and benefit thereof, plainly and peaceably, without any contradiction.
Moreover, We do charge and command our Atturney General, that he doth withall diligence, cause all these things to be plainly and truly executed, and that he doth certifie us of his diligence so done: For such is our pleasure, for [Page 21] that of our meer motion and power, we will have it done, notwithstanding any Ordinance, Customes, Statutes, Priviledges, Commands, Prohibitions, or Letters to the contrary, the which in this cause, without doing prejudices to other causes, we have made void, and do hereby make void. And because men shall have occasion to use this our Grant in divers places; Our pleasure is, That credit shall be given, to all such Copies, as shall be made by any of our loving and trusty Notaries, and Secretaries, or under our Royall Seal, in as ample a manner as to the Originall.
And to this effect, We do give you full Power, Authority, Commission, and speciall charge; commanding by these presents, all our Justices, Officers, and Subjects, to obey you in this case. And to the end this may remain established for ever, (our own right in all other causes reserved,) we have hereunto caused our Seal to be put. Given at Paris, in the Moneth of March, and in the yeer of our Lord, [Page 22] 1556. And the tenth yeer of our Reign, and signed by the King, then in Councell, and sealed with Green Wax, upon a Pendant of Red and Green Silk Lace.
A Reason wherefore this ancient Authority was granted to Merchants.
THere be two things that cause a Common-wealth to flourish, and are main Supporters and Pillars to the same: The Traffick and use of Merchandizing is the first; For by it, those commodities, which in some Countries grow superfluous, and over abundant, are transported over into others; In whose stead, the needfull commodities of those other Kingdoms are returned thither. For which cause, the Emperour commanded all his Judges, and Governours of Provinces, to hold the same in great estimation. The second, is the order and custome of Exchange, whereby any mans need may be supplied in all [Page 23] places wheresoever, onely by a Bill of Exchange (of a Merchant of credit) without endangering either his goods or person; A thing most profitable as reporteth Papinian: So that the ancient Law-makers (perceiving that Merchants were the first setters up and inventors of Comerce, for buying and selling, together with the order and use of Exchange; and that they had thereof the best and soundest understanding, did wisely institute them onely to be the principall Judges thereof; whereby it appeareth to be no new Authority, whose beginning grew up, even with the best governed Common-wealths; As may be proved by infinite examples both of Greeks and Latines.
The number of Officers, appertaining to the said Jurisdiction, and of their Power.
ARTICLE. 1.
THere is one Prior, and two Consuls, called by those Titles, according to the Kings pleasure, being renewed every yeer, about Twelf-tide, at which time all the Merchants (as well Citizens as Strangers) are assembled in one place; where after they have given praise to God, choice is made of the said Prior and Consuls, by most voices; In which election, every Merchant hath his voice, according to the number of Magistrates whom they are to choose: The manner of giving their voices, being done secretly, either in the favour, or refusall, of those that are nominated. As first, for the Prior, then for the first Consull, and next for the second Consull; and so give they the [Page 25] same to the Register of their Court. And whosoever hath the most voyces in the Election of the Prior, is Prior: and so consequently for the Consuls: Following orderly, the choise of the first, and next after the second: being a thing most commendable and requisite for the avoyding of all affection and corruption. The President whereof being taken from the Greeks, who by the same course did make choise of their Magistrates and Governours.
ARTIC. 2.
Item, The Prior and Consulls newly chosen, do take their oath of the old ones, and immediatly being set in the manner and form of the former, they take the same oath, in presence of all the Merchants there assembled; promising duely and faithfully to execute Justice, without any regard either to poor or rich, as other Judges do, when they are newly established in their government.
ARTIC. 3.
Item, The said Prior and Consuls, present, or to be chosen hereafter, may call unto them, twenty Merchants, or a greater number to assist them, as Councellours, for the understanding and deciding of all such differences, as appertain to their knowledge: and to urge the said Merchants thereunto, upon their oathes: in such sort, as other Judges do (with such Councellours as they make choise of, to assist them) in like case; in regard of their Authority.
ARTIC. 4.
Item, the said Priors and Consuls, may choose and nominate one Councellour, and one Atturney, to procure the good and maintenance of the said Common Place, and to defend the same in all rightfull causes, and to mannage both the suits, businesses, profits, revenues of the same place, as well before the said Prior and Consuls, as before all other Judges wheresoever.
ARTIC. 5.
Item, the said Councellour and Atturney, shall be chosen by the most voyces of all the Merchants assembled together for that purpose, and not at the will and pleasure of the Prior and Consuls: and are to be changed every year, according to the will and discretion of the same Merchants of the same place; having taken a generall deliberation thereof, according to the tenure of the said Letters Patents of the Moneth of May, the Kings pleasure being well understood.
ARTIC. 6.
Item, the said Prior and Consuls, shall take the oaths of the said Counsellour and Atturney, that they shall procure as well the good and profit of the same place, as the credit and increase of their Authority, and the same shall defend against all men: And they shall never give counsell to the contrary, by any meanes whatsoever.
ARTIC. 7.
Item, the said Prior and Consuls, may call to their assistance, the said Counsellour and Atturney, that with them and the said other Merchants, they may judge and decide all suites and differences appertaining to their knowledge.
ARTIC. 8.
Item, the said Prior and Consuls, of their own authority, may appoint such a Register, as they shall think meet, to keep their Registers, who shall be changeable every year, as are the Prior and Consuls; The which Register shall subscribe to all Acts that shall passe during their government, and by him done, under the title of a Register, As is contained in the Letters Patents of the Moneth of May.
ARTIC. 9.
Item, all Messengers, and such like Officers of the Kingdome, are constrained [Page 29] by the King, to obey the said Prior and Consuls, and duely and amply to execute, all, and every of their Commands, Commissions, Sentences, either definitive or otherwise; And all the judiciall Acts and Decrees, of the said Prior and Consuls, in every place of the Kingdom, like as of the Judges in all other Governments, whereas the said Messengers and like Officers, do exercise their Offices; And under the same penalties to be laid upon them without default, like as they may be constrained to obey other Judges, as is contained in the said Letters Pattents of the Moneth of May.
ARTIC. 10.
Item. All Jailors and Keepers of Prisons, are subject to receive and keep the prisoners committed unto them by the said Prior and Consuls, as they do the prisoners of all the other Judges, and under the same penalties and bonds, if any escape happen, even like as they are subject [Page 30] to keep the prisoners by Authority of the other Judges of the Kingdom, as is contained in the said Letters Pattents of the Moneth of May.
ARTIC. 11.
Item, The Kings pleasure is, that all the said Messengers and such like Officers; And all Jaylors and Keepers of Prisons within all his Dominions, shall obey the said Prior and Consuls, without demanding leave or other Licence of other Iudges, within whose government they do dwell, and exercise the charge of their Office, according as the late King Francis (of noble memory) hath granted to the Conservator of the Fairs of Lion, in the Moneth of February, in the yeer of our Lord God, 1535. As in the like Authority, the Prior and Consuls of the Bourse of Thoulouze have been established by this King present, as is contained in the Letters Pattents hereafter specified.
ARTIC. 12.
Item, The Kings pleasure is, and he doth permit and suffer the said Prior and Consuls, to make choice, and to appoint, within all the Towns, Villages, and other places of the Provinces of Languedock and Lorogois, certain good, faithfull, and expert men, to search all the Merchandizes, which is growing and used in the said Provinces, to see if there be any abuse, fraud, falsification, or other deceit in any of the said Merchandizes: And according to the report of the said Searchers, to punish the offenders, according to their demerits, and power of their authority, for the benefit of the said Merchandizes, as is contained in the said Letters Pattents of the Moneth of May.
ARTIC. 13.
Item, The said Prior and Consuls, may appoint one or more, Visitors or Searchers, for the abovesaid Causes, in all places where as they shall think [Page 32] meet, for the true maintenance of all Merchandizes: And the said Searchers so appointed, shall take their oaths in all things requisite, to discharge their Offices faithfully, and truly, and according to a good conscience: And to search the said Merchandize, whereof, and by whom they shall be required accordingly, for the respects contained in the former Article: And the charges that shall arise, to be laid upon the offenders, according to the report of the said Searchers, to whom the said Prior and Consuls shall set down a reasonable Salary, or reward, to be presently paid unto them without any delay; to the end, not to fear the parties offending, by colour of suite, as the Kings pleasure is, in the said Letters, Pattents, of the Moneth of May.
ARTIC. 14.
Item, The said Prior and Consuls, may appoint the said Searchers to take view of all Woods, Saffrons, Wools, and all other Merchandize that shall [Page 33] be growing, and used in the said Provinces of Languedock and Lorogois, as is contained in the said Letters Pattents of the Moneth of May.
ARTIC. 15.
Item, The said Visitors or Searchers, being chosen as before is said, shall be subject upon any summons or request made unto them, by any Merchant that pretendeth any Merchandizes to be falsified, or any other deceit to be found in it, that they should execute their Offices, be it either in the Kings name, or in the name of the said Prior and Consuls, without other expresse Commandment from the said Prior and Consuls; And shall duly and truly search the Merchandize whereof they shall be required, upon the like fines and forfeitures, as should have been laid upon him, who by their report should have been found culpable, to the end, that the parties offending, should not be made afraid by Letters, nor no other means used in the other Jurisdictions, for the gain and [Page 34] profit of the Judges and their Ministers, considering that the said Searchers shall be chosen and constituted, as before is said.
ARTIC. 16.
Item, The said Searchers may (in the Kings Name, and in the name of the said Prior and Consuls) command every man whom it shall concern, to bring forth all their Merchandizes, which they shall be required to search, that they may truely discharge their Office: And if any man shall in such case, refuse to bring forth his Goods, they shall summon them (so refusing) to appear before the said Prior and Consuls, that they may take order therein according to reason.
ARTIC. 17.
Item, The said Prior and Consuls may punish such as shall cause any Merchandizes to be searched, if by the Visitors the same Merchandizes shall be found good and lawfull; as contrarywise, they may punish the Refusers, [Page 35] or them that have committed any fault in their Merchandizes, in such penalties as the case shall require, and as their authority may use.
Of the Forfeitures and Punishments, and what Seal the said Prior and Consuls may use.
ARTIC. 1.
ITem, The said Prior and Consuls, to entertain, conserve, and defend their Authority, may for every offence use onely the penalty and forfeitures of Money, and shall apply the same, the one half for the King, the other half to the party, according to his desert; as is contained in the said Letters Pattents of the Moneth of May.
ARTIC. 2.
Item. The said Prior and Consuls may without dispersing of the Goods, proceed by Sequestration, Arrest and Imprisonment of the Persons, [Page 36] who by them shall be condemned, untill their sentence be fully executed, according to such form and order, as the Conservator of the Fairs of Lion, Bry, and Champaign do usually observe, as is contained in the said Letters Pattents of the Moneth of February hereafter expressed.
ARTIC. 3
Item, To give force and authority to all the Judiciall Acts (being done by the authority of the said Prior and Consuls) the same shall be sealed with the Arms and Seal of the said Prior, or of one of the said Consuls, who hath judged the said Acts; and the same shall be subscribed by their Register, even as it is more amply expressed, in the said Letters Pattents of the Moneth of May, being thereby prohibited to use any of the Kings Seals, according to the tenour of the said Letters.
ARTIC. 4.
Item, The said Prior and Consuls, having knowledge of any fraud, or [Page 37] other deceits, to be used by any man, they may cause the body of the offender to be committed, and proceed against the offender, so far as his offence shall concern Trade of Merchandize, Change, or Rechange, although the King be interessed therein; Provided, that they proceed no further, then concerneth matters of Merchandizes, Change, and Rechange: And for his other punishment, for other offences, they shall deliver the persons to the Judges, to whom doth appertain the knowledge thereof, for the better punishing of the offender, and the correcting of all other vices, and not otherwise.
ARTIC. 5.
Item, All Judgements of the said Prior and Consuls, may be executed throughout all the Kings Dominions, be it by Attachment of Goods and sale thereof, Arrest, and Imprisonment of the persons condemned, as also by penalties and forfeitures of Money, according to the cause of the offence, [Page 38] and the Authority of the said Prior and Consuls, as is contained in the said Letters Pattents of the Moneth of May.
ARTIC. 6.
Item, All Judgements, Sentences, Ordinances, Commissions, Decrees and Commandments, as well definitive as otherwise, being done and judged by the said Prior and Consuls, for all matters pertaining to their knowledge are of effect and force through all the Kings Dominions, as is contained in the said Letters Pattents in the Moneth of May; and others of the Moneth of February, hereafter specified according to the order, as well of the Conservator of Lion, as of other Judges.
Who are subject to the Authority of the said Prior and Consuls, and who are exempt.
ARTIC. 1.
ITem, All Noble personages and others, all spirituall men, and lay-men, of age, or under age, or their deputies, using and exercising the Trade of Merchandize or Exchange, shall in that respect be subject to the power and authority of the said Prior and Consuls, without any manner of exception, as is contained in the said Letters Pattents of the Moneth of May, and the Restrictions thereof, contained in the Letters Pattents, Given at Fountain Bleau, the seventh of December, in the yeer 1551. and published in the Parliament at Thoulouze, the ninth of February in the same yeer.
ARTIC. 2.
Item, All Servants, Factors, Dealers, and others, of what quality soever [Page 40] they be, being sent by the Merchants of the said Thoulouze, into any place, Countreys, Dominions, or Provinces, being either within or without the Kings Dominions, for the Trade of Merchandizes or Exchanges, are subject to the authority of the said Prior and Consuls, onely in the respect of the Trade of Merchandize and Exchange. And all other Judges are forbidden concerning such debates and differences, growing between the said Merchants, and the parties above specified in this Article, onely to avoid the frauds, abuses, and ill demeaners of the said servants and dealers, and for other good reasons, contained in the said Letters Pattents of the Moneth of May.
ARTIC. 3.
Item, All the Heirs of such men, as are subject to the said authority of the said Prior and Consuls, and by them shall be arrested and imprisoned, are exempted: And the said Prior and Consuls shall not have to do, to arrest [Page 41] the bodies of the said Heirs, but the same suite shall proceed before the Lords of the Court of Parliament of the said Thoulouze, according to the effect of the Letters of the eight day of March, in the yeer 1551. grounded as well by common reason of Right, as by the Kings Ordinances in the Rewbrick of Letters Obligatories.
ARTIC. 4.
Item, All Noble personages, Lawyers and Officers, are exempt from the said authority, although they have bought Cloath of what kinde soever, borrowed Money, or other Merchandizes for their necessary uses, according to their estate and callings, as is contained in the restraints of the said Letters Patents of the Moneth of May.
ARTIC. 5.
Item, All Opposers against the Sentences and Decrees of the said Prior and Consuls, are exempt from the said authority, and they cannot thereby be constrained to bring their causes of [Page 42] opposition before the said Prior and Consuls; but they shall return the same unto the Judges, to whom the knowledge thereof doth appertain; who having heard the same, and given sentence thereof, and the execution being accomplished, both for the right of the King, and the performance of Justice, or otherwise ordained by the Judge, to whom the knowledge of the said oppositions doth appertain, as is contained in the Restraints of the said Letters Pattents of the Moneth of May.
ARTIC. 6.
Item, All Appeals of the Sentences and Ordinances of the said Prior and Consuls, shall be brought immediately into the Court of Parliament of the said Thoulouze; And none other Judge can reform the Judgements of the said Prior and Consuls, as is contained in the Letters of the Moneth of July, 1549. and of the moneth of May, 1551.
Three Additions to resolve two difficulties.
ARTIC. 1.
ITem, All that be exempted from the Jurisdiction of the said Prior and Consuls, can by no means submit themselves thereunto, to take any benefit thereof, unlesse it be by the Kings expresse Command, or Consent of the other Judges, in speciall favour and regard of the Causes of the said exemptions, wherein the said Prior and Consuls must be wise and carefull, not to give other Judges occasion of offence by their rash hearings.
ARTIC. 2.
Item, Saving and excepting the Heirs of such as be dead, that were in their life time subject to the said Authority, which Heirs (the debts owing by their Predecessors being proved, and they submitting themselves again by new Obligations to the rigor of the [Page 44] said Authority) may be constrained by arrest and imprisonment of their persons: Renouncing the priviledges of the same Articles, made onely in the favour of the said Heirs; As by the said Article before alleadged doth appear.
ARTIC. 3.
Item, Excepting the Heirs and Successors of Merchants, frequenting the same Bourse, who, of what estate, profession, or quality soever they be, either Noble or Head-Officers of the said Citie of Thoulouze, or of any other condition, not using nor professing the Trade of Merchandizing or Exchange, shall be summoned, adjourned, and pursued by all due wayes, and fit courses, even as their Predecessors, Merchants should have been, if they had lived before the said Prior and Consuls, for all things concerning the Trade of Merchandize, and matters of Exchange, done and used by their said Predecessors, Merchants, without pretending or alleaging any disability or [Page 45] insufficiency, by reason of their Estate. Provided alwayes, that the suing of them shall be done, without arresting or imprisoning of their persons; And the said Heirs (of what condition soever they be) may sue, or cause to be sued, all other Merchants for the causes and reasons before rehearsed, before the said Prior and Consuls, and no where else, as is contained in the said Letters Pattents of the Moneth of February, and as in all common right is observed.
What matters are subject to the said Authoritie, and what matters are not.
ARTIC. 1.
ITem, All debates and differences, by reason of Traffick and dealing in Merchandize, or cause of Exchange, be it by Obligation, Bill of debt, Receits, Blanks signed, Letters of Exchange, and Rechange, Suretiships, Partnerships, (generall or particular) nominations of the sufficiency of men, or [Page 46] places where they dwell, Debts, Assurances, Accounts, or Auditings of accounts, Transports, Bargains, and all other Acts and things, with their circumstances, and what else belonging unto them, do appertain to the knowledge of the said Prior and Consuls, as is contained in the said Letters Pattents of the Moneth of May.
ARTIC. 2.
Item, The Imposition or Assessement of such necessary sums of Moneys, as shall be need full for the building, buying, or hiring of a place fit for the exercises of the said Jurisdiction to be used in, and for the profit of the said common Bourse, and of all things belonging thereunto, as also for the entertaining (in good estate and due form) for the case and benefit of the transportation of all Merchandize upon the Rivers of Garona, and Geronda, from the said City of Thoulouze, to the City of Burdeaux, and of all other Rivers within the Countreys of Languedock, and Lorogois: Also the Taxation [Page 47] and Assessement of every Merchant (as well Inhabitant as Stranger, using the Trade of the Thoulouze) according to their Abilities and Dealings, doth appertain to the said Prior and Consuls, as is contained in the said Letters Pattents of the Moneth of May.
ARTIC. 3.
Item, The said Prior and Consuls, may impose penalties of Money, upon all such Merchants as shall obstinately refuse to pay such sums of Money as are taxed upon them for the Causes abovesaid by the said Prior and Consuls, and their Councell: And shall constrain them thereunto, by all due wayes, and lawfull means, and also by imprisonment of their persons, untill such time as they shall make payment of the Moneys imposed upon them, as aforesaid. And the penalties that shall grow thereupon, shall be disposed of by the Prior and Consuls, the one half for the King, the other half for the benefit of the said Bourse, as is contained in the said Letters Pattents of the Moneth of May.
ARTIC. 4.
Item, There doth appertain to the said Jurisdiction of the said Prior and Consuls, the knowledge of rendering of accounts, payments of the whole, or of part, and all other things concerning the Trade of Merchandize, and order of Exchange, as is contained in the said Letters Pattents of the Moneth of May.
ARTIC. 5.
Item, The punishing of all frauds, abuses, deceits, falsifications, and all other ill dealings in Merchandizes, bought and used in the said Countreys of Languedock and Lorogois: And all abuses committed in the course of Exchanges: All this, in all reason, doth appertain to the said Prior and Consuls, as is contained in the said Letters.
Matters wherein the Prior or Consuls, are forbidden to deal withall.
ARTICLE. 1.
ITem, all matters criminall or offensive, in regard whereof the Kings Atturney is a party, and thereby hath interest therein; as falsifying of Obligations, and Bills of debt, or other writings, matters of reproach or discredit of persons, thefts, and other evill and unlawfull behaviours, done and committed, aswell by the said Merchants, as by their Servants and Factors, in causes of Merchandize. As also all others, not exercising the Trade of Merchandize; are forbidden to be dealt withall, by the said Prior and Consuls, as is contained in the restraints of the said Letters Patents, of the moneth of May, hereafter specified.
ARTIC. 2.
Item, the said Prior and Consuls, are [Page 50] not to deal with the contracts of Vsury, either fained, or otherwise unlawfull, whereby the offender, by all reasonable judgement deserveth punishment: As is contained in the said restraints.
ARTIC. 3.
Item, all Civill causes, between men, of what quality soever, besides those which concern Trade of Merchandize, or matter of Exchange, be it by gift of the dead, by Will, or in advancement of Marriage, enterchanging of goods by consent, and all other such like Contracts: be all exempted from the Jurisdiction of the said Prior and Consuls, As is contained in the said restraints.
ARTIC. 4.
Item, the said Prior and Consuls are not to meddle with any opposition made against the execution of any of their Sentences, or ordinances; as is before expressed, and contained in the said restraints.
ARTIC. 5.
Item, The Authority of the said Prior and Consuls, is onely in Civill causes, according as before is recited: and all such forfeitures as shall happen, shall be arbitrated by the discretion of the said Prior and Consuls, and disposed of, as before is said.
ARTIC. 6.
Item, touching all matters that concern the Authority of the Prior and Consuls, and do appertain to their knowledge, all other Judges, their Deputies, or Assignes, within all the Kings Dominions, cannot impeach or gainsay: neither shall they crosse or contradict any thing, directly, or indirectly, whatsoever the said Prior and Consuls, or their Officers shall do: As is mentioned in the Letters Patents, in the Moneth of May.
The matters wherein they may Summarily proceede.
THe King in his said Letters Patents of the moneth of May, hath named and specified the said matters Summaries, the knowledge whereof doth appertain to the said Prior and Consuls, which be these: Acknowledgement of Bills, Rescriptions, Letters of Exchange, Letters of Advice, Receipts, Blanks signed, Suerties, Garnishment, and Consignations of monies, of what sum soever: And all other circumstances, belonging and concerning the Trade of Merchandize, and matters of Exchange; As is more amply contained in the Letters Patents of the Moneth of May.
The manner how to proceede in matters to be delivered upon a brief and summary triall, untill definitive sentence, according to the Kings Ordinance.
ARTICLE. 1.
FIrst, the said Prior and Consuls shall cause all Plaintiffs at their first comming before them, in person, or by their Atturnies sufficiently authorized, to nominate a place in the same Town, for his residence or abiding; and in default thereof, the said Prior and Consuls shall refuse to receive their demands, defences, and oppositions, specially the Plaintiffs, as is contained in the first Article of the Kings Ordinance in the speciall clause, That all Litigans, &c.
ARTIC. 2.
Item, the said Prior and Consuls, are at all times authorized, to proceed in their said Jurisdiction, ordained for the expedition of Suits, and [Page 54] the ease of all Merchants trading in that place: except those dayes, and holy dayes, in which the Court of Parliament of the said place doth not sit: according to which Order, the said Prior and Consuls may intermit the exercises of their Authority: And excepting furthermore, the day of the feast of the Kings (called Twelf-day) in which the said Prior and Consuls are new chosen.
ARTIC. 3.
Item, the said Prior and Consuls, in the said causes, cannot grant more then one delay, which is a sufficient advantage for the party offending, as is contained in the said Letters Patents of the Moneth of May: And shall be hereafter declared.
ARTIC. 4.
Item, if any question shall arise, for the acknowledgements of Bills, the party that is adjourned shall be granted but one default, as above said; to come, either to confesse, or deny [Page 55] his deed: And having made one default, his Bill shall be held as confessed and available, from the day that the said Prior and Consuls shall give their Sentences: as is contained in the Kings Ordinances, and in the Rubrick, for the acknowledgement of Bills.
ARTIC. 5.
Item, the said Prior and Consuls, may take notice, that their Authority is greater in the acknowledgement of Bills, then the Authority of any other Judges, and more then the foresaid Ordinance doth expresse: For the said Ordinance doth extend but to the adjourning of the said persons onely. And the said Prior and Consuls, upon one onely default, and notice left at the lodging of the defendant, may aver all Bills, and declare the same to be payable, As is contained in the said Letters Patents, of the Moneth of May.
ARTIC. 6.
Item, all Debtors and Defendants, being in Question for the sayd [Page 56] matters, Summary and Provisionall, shall be by their Creditors and Plaintiffs onely once warned to appear; That is, at a competent day and hour, before the said Prior and Consuls, to accept or deny the demand, which shall be made against them by their Creditors and Plaintiffs.
ARTIC. 7.
Item, all warnings or adjournments that shall be given at the first beginning of any Proces, shall contain summarily all the demands of the Plaintiffe, to the end that the Defendant being adjourned, may come prepared for his answer, at the day and time assigned: As is contained in the third Article of the Kings Ordinances in the Rubrick of Adjournments.
ARTIC. 8.
Item, the Messenger or Serjeant, executing the said Prior and Consuls Letters of Summons, touching the said matter Summary, he must adjourn [Page 57] the person himself, if he can finde him: otherwise, he shall fix, aswell the Coppie of the Demand, as his said Warrant, at the door of the lodging of him that is summoned, and the same to be duly proved: and shall afterwards give knowledge unto the said Prior and Consuls, of his diligences done therein: as is contained in the said Letters Patents of the Moneth of May.
ARTIC. 9.
Item, forasmuch as in the foresaid matters, the Plaintiff, may (in regard of one default) obtain advantage in his cause, as is contained in the sixth Article of the Kings Ordinances, in the Rubrick of Serjeants: Therefore all executions, or Warrants of all Messengers or Serjeants, shall be served and signed by two Witnesses, or of one at the least: And the said Messengers and Serjeants, shall be bound to leave a Coppy thereof, with the parties so assigned, or else to six the same upon the door of the [Page 58] lodging, as beforesaid, although they make resistance; And to make mention of all the Warrants they have served at the charges of the Plaintiff, as is contained in the first and last Article of the Kings Ordinances in the Rubrick of Adjournments.
ARTIC. 10.
Item, If the party so warned in, make not his appearance at the time to him assigned, then the said Prior and Consuls, may proceed against him in the said Causes, by seizing of his Goods, so far as the sums shall amount unto, pretended to be owing to the Plaintiff, or by arresting and imprisoning the party adjourned, if he may be taken, and so to detain him, untill he shall put into the hands of the Justice, the like sums pretended to be owing to the Plaintiff: And this, in case where the party warned and imprisoned would declare nothing in his defence, against the other party: The Moneys first deposited in the Court, as the Conservator of the [Page 59] Fairs of the said City of Lion doth, and is contained in said the Letters Pattents of the Moneth of February hereafter expressed.
ARTIC. 11.
Item, Without seizure of Goods, it is lawfull for the said Prior and Consuls, at the request of the Plaintiff, to proceed against the Debtor by arrest and imprisonment, if that be thought the easiest way to do right to the parties, without exhibiting the Processe: Like as the Conservator of the said City of Lion doth, according to the will and pleasure of the late King Francis, contained in the said Letters Pattents of the Moneth of February.
ARTIC. 12.
Item, If the like sums be consigned by the Defendant, he being heard in his defences, shall be released or condemned by the said Prior and Consuls, with charges and fines, according as the Case [Page 60] shall require, and quality of the person. And if the Defendant be prisoner, for want of depositing the monies in the Court, according to the demand of the Plaintiffe, heard upon his defence: The said Prior and Consuls, shall proceed against all such persons, as abovesaid: And like as the Conservator of the Faires of the said City of Lyon doth; To avoyd long proceedings, considering the Parties be present: and being for matters touching Trade of Merchandize and Bills of Exchange.
ARTIC. 13.
Item, if he that is Warned in, do not make his appearance according as he is Warned to do, and is no prisoner, then, after one default, the sayd Prior and Consuls may proceede, by seizing of his goods, so far as the sums contained in the demand of the adverse party do amount unto. And they may order to call the sayd debtor, that at a [Page 61] certain day, hour, and place, he may come to see his Goods so seized to be publikely sold, to the end that the Plaintiff may be satisfied with the Money proceeding thereof, according to reason, without any further delay, as is contained in the said Letters Pattents of the Moneth of May.
ARTIC. 14.
Item, If the Goods so taken and seized be unmoveable, the said Prior and Consuls having caused the Out-cries to be made, and present sale thereof, they shall cause the said Goods to be committed to a certain Commissioner, by the Messenger, or Serjeant, who did execute the said Out-cries; And the party who is the pursuer, shall cause to be intimated and signified the said Out-cries to all men to whom it shall concern, and to annex the intimation of their said Out-cries, and the returns of the Warrants under the Counter-Seal of the said Prior and Consuls, upon pain otherwise to be of no effect, as is [Page 62] contained in the Kings Ordinances in the Rubrick of Out-cries and Sales, in the second and fourth Articles.
ARTIC. 15.
Item, The Notice and Out-cries being made according to the form usually observed in the City of Thoulouze, the Sentence and Decree of the said Prior and Consuls being given, upon the Goods so sold, shall be put into execution in the behalf of him that offereth most, and is last inhanser of the price, as it is ordinarily done in the Jurisdictions of the other Judges of the said place, according to the Tenour of the said Letters Pattents of the Moneth of May; and as it is contained in the fifth Article of the Kings Ordinances in the Rubrick of Obligations.
ARTIC. 16.
Item, Forasmuch as the said Prior and Consuls, by the Tenour of the said Letters, may use the Rites and means in the exercising of their Jurisdiction, [Page 63] which other Judges of the Kingdom do use: The said Prior and Consuls may upon the interposition of Decree, observe and keep the custome of the Judges of Normandy, contained in the twenty fourth Article of the Kings Ordinances, in the Rubrick of Abolitions, Confessions, and Grants, &c. whereof the Tenour ensueth.
ARTIC. 17.
Item, Whereas the Returns of many Lands and Inheritances do passe by one onely Decree, upon any person for his debts, although there be many inhansers of price, yet notwithstanding they shall suffer one onely Decree to passe, which shall be by the last inhanser, to whom the adjudication shall be made; And the Register cannot constrain the other parties, specially the party who obtained the Decree, to take the Letter of Decree and Estate; but they shall suffer the said Inhansers to take the Letters of their Inhansements onely; and the said party who [Page 64] obtained the Decree, to take the Act of that which shall be ordained upon his opposition, or else the said Prior and Consuls may make the Act of Return, to the other Judges, to whom the knowledge of the oppositions do concern.
ARTIC. 18.
Item, For all executions where there is a command to pay within a certain time, it shall not be needfull for the validity of the Warrant of the Outcries and Notice, or other seizing of Goods or person, to make farther enquiry of Goods moveable: But a command duly made by a Messenger or Serjeant to the person, or warning left at his Lodging, shall suffice. After which, the Goods seized, or the person arrested, shall remain untill such time as he hath obeyed the said Command; as is contained in the Kings Ordinances in the eleventh Article of the Clause of Obligations: And in the said Letters Pattents of the Moneth of February, or otherwise they [Page 65] may proceed to the sale of the Goods, as is before specified.
ARTIC. 19.
Item, If the Goods so seized be moveables, then after one default, they shall be sold publikely to him that offers most, to make satisfaction to the Plaintiff; And before the sale of the said Goods, the Plaintiff shall cause the Defendant to be warned to come see his Goods sold and delivered to him that bids most, according to the custome, and of the Judges of the said place, as it is contained in the said Letters Pattents of the Moneth of May.
ARTICLE. 20.
Item, If the said parties warned do make their appearance at the day appointed, and do shew any thing against the demand of the Plaintiff, being by the said Prior and Consuls condemned to deposite and consign the sums contained in the said demand, they cannot hinder the said [Page 66] depositing, although they do appeal from the said sentence which is provisionall, and cannot be withstood, or suspended by appeal, as is contained in the last Article of the Kings Ordinances, and in the Clause of provisionall Sentences; and for want of depositing and obeying the said Sentences, the said Prior and Consuls, may constrain the Opposers, by arrest, and by imprisonment of their persons, as is contained in the two Letters Patents of the Moneths of May and February hereafter expressed.
ARTIC. 21.
Item, If opposition be made against the seizing, sale, or delivering of the Goods, or against the Out-cries or interpositions of Decree, or against any other chief point, where opposition may take place, the Money being duly deposited in the Court, for the matter of the Authority of the said Prior and Consuls, the parties so opposing themselves, shall be sent to their Judge and chief men of their Province, to [Page 67] declare before them the causes of their oppositions, as is contained in certain Letters of the Kings, Given at Fountain Bleau, the seventh day of December, 1551. Read and published according to their Tenours in the Parliament of the said City of Thoulouze, the ninth day of February in the same yeer.
ARTIC. 22.
Item, If the party warned do offer security, yet notwithstanding he shall be caused to deposite, and then have power to call his security, (the Money being deposited in the Court) who being called before he be accepted for security, shall deposite in the like manner, that after they may proceed as well against him, as against the principall debter, according to reason: And all Sentences and Judgements that shall be given against the security, shall be put in execution, to wit, against the principall debter, for the principall sum: And against the securities for the charges, dammages, and interest onely; as it is contained [Page 68] in the twentieth Article of the Kings Ordinances, in the Clause of Delayes.
ARTIC. 23.
Item, To call a Security before Contestation of the Cause, the said Prior and Consuls cannot grant but onely one default, unlesse the first Security will call a third man for Security, to whom they may grant another onely default; as it is contained in the second, third, and fourth Articles of the Kings Ordinances, in the said Clause of delayes.
ARTIC. 24.
Item, In the said matters to be proceeded against Refractories, there is no need to give any delay, but after one default to proceed as aforesaid; for one onely default in the said matters, doth give great advantage to one of the parties; as it is contained in the first Article of the Kings Ordinances in the Clause of Warnings: [Page 69] And all delayes are left by the King to the discretion of the said Prior and Consuls, to grant them according to the quality of the persons, causes, and places, as other Judges do.
ARTIC. 25.
Item, If the Plaintiff doth Comence any suite by craft, and causeth any execution thereof against his adverse party, or otherwise, if the Defendant useth any crafty helps, or unlawfull means, to defraud the Plaintiff, and not to satisfie him; The said Prior and Consuls may condemn the party offending, (for using the said deceit, or unlawfull means) in a forfeiture, and the same to be disposed of as aforesaid; as is contained in the tenth Article of Kings Ordinances in the Clause of Obligations, and in the said Letters Pattents of the Moneth of May.
A note of such Matters wherein it is needfull to have instruction, and knowledge of the Cause.
ALL those Matters are specified and named particularly in the said Letters Pattents of the Moneth of May, even as is likewise named, Obligations, Associations, either generall or particular, Nominations of persons, or of Goods, Assurances, Accounts, and Auditing thereof, the giving up of the Rest left in the hands of the Accountant, satisfaction of the whole or of a part, Transports, Delegations, Novations of Debts, Partnerships, Bargains, and other Acts concerning the businesse of the said Exchange, and all thereunto belonging.
ARTIC. 1.
First, The Kings pleasure is, by the Tenour of the said Letters of the Moneth of May, that the said Prior [Page 71] and Consuls do proceed to Judgement of the debates and differences moved, or to be moved, by reason of the said matters, after two defaults, and that the parties warned twice, and making no appearance the second day appointed them, shall undergo the same Judgement: Note that the King hath not limited any time for the said defaults, but leaveth the same to the discretion of the said Prior and Consuls, who are to limit the same according to the distance of the place, quality of the party warned, commodity of the time, and cause of the businesse, as all other Judges are accustomed to limit the defaults, according to the same circumstances, and according to the common disposition of right; And the tenour of the second Article of the Kings Ordinances in the Clause of Delayes.
ARTIC. 2.
Item, Whether the parties warned do appear, or be absent the day appointed them the second time; The [Page 72] said Prior and Consuls (before they do proceed to Judgement of the said matters) shall hear the Plaintiffs, who upon their Oaths shall affirm their debts so demanded to be true, and contain nothing but truth: And then the defendants so warned being present, answering by credit, which is as much to say, that it is true, that the demand of the Plaintiff do contain truth: And forthwith, the said Prior and Consuls condemning them to satisfie the said Plaintiff with all costs presently taxed, without any form of Processe, by the said Prior and Consuls, according to the Kings pleasure contained in the said Letters of the Moneth of May.
ARTIC. 3.
Item, If the parties so warned shall answer by no credit, which is as much to say, That the demands of the Plaintiffs are not true in all, or in part, they shall then affirm the same upon their Oaths, and submit themselves to prove the contrary, as it is contained [Page 73] in the first Article of the Kings Ordinances in the Clause of Answers.
ARTIC. 4.
Item, If the parties so warned make no appearance (the two defaults being past) then shall the Plaintiff be bound to send unto the Defendant a Copy of his demand, with his oath, to the end, that he may either oppose the same, or approve it, which the Plaintiff may do either by himself, or by his Atturney, intimating unto him, That if he fails therein, that then the said Prior and Consuls, will proceed against him summarily to Judgement, upon the Plaintiffs conclusion, as it is said before.
ARTIC. 5.
Item, If the parties do vary in their demands, they shall be bound to give in writing, both under their hands and oaths, those points wherein they vary, and that within eight dayes, to the end that diligent enquiry may be made thereof; as it is contained in the [Page 74] third Article of the Kings Ordinances in the Clause of Articles agreed upon.
Of Inquiries.
ARTIC. 1.
ITem, The said Prior and Consuls, their Lieutenants and Deputies, in making their Inquest, may not admit of any witnesses, nor take their oaths, nor proceed in proof, except the adverse party be first called thereunto, or else their proceedings in such a case shall be of no force; and if the party shall make default, after he hath been twice called, they may then admit of the Witnesses, and proceed to the Inquiry, and all things thereunto belonging; as it is contained in the twelfth, thirteenth, and fourteenth Articles of the Kings Ordinances in the Clause of Commissaries to make Inquest.
ARTIC. 2.
Item, If inquiry be needfull to be made for both parties, and one of the parties will appeal from the Prior and Consuls and from their Deputies, then the said Prior and Consuls, and their Deputies, may make inquiry in the behalf of the party that doth not appeal; as it is contained in the fifteenth Article of the foresaid Clause.
ARTIC. 3.
Item, The said Prior and Consuls, in making their inquires, can give but one onely default, within which time the parties must make report of their inquiries duly to be made, and sealed up with their Seals; as is it contained in the ninth, tenth, and eleventh Article of the Kings Ordinances in the Clause of Delayes.
ART. 4.
Item, Except the parties have used their diligence in making the same inquiries within the time limited them, [Page 76] and cannot within that time finish the same, then upon due proof made of their diligence so used, in such case the said Prior and Consuls may give them one onely delay more, after the which time they cannot make any further enquiry, by witnesses or otherwise: as it is contained in the 12. and 13. Articles of the said Ordinances.
ARTIC. 5.
Item, the parties accepted of to make enquiry before the said Prior and Consulls, may use all sorts of lawfull proofs, aswell by right as by the Kings Ordinances; Provided that the same be done as breefely as can be, according to the power of the Authority, of the said Prior and Consulls: All which is to be done in civill manner, be it by witnesse, by writings, publike or private, by collection of Letters, by oath in the fulfilling of all proof: and otherwise, according as the case shall require, to know the truth, and to instruct the Consciences of the said Prior and Consuls.
ARTIC. 6.
Item, if in the end of the cause of Demands and Articles of the Parties, there be found any Article false and deceitfull, he that hath affirmed the same shall be amerced by the said Prior and Consuls, an hundreth sols, half thereof to the Kings use, and the other half to the parties: as it is contained in the 15. Article of the Kings Ordinances, in the Title of Answers. And they may make use of the same penalties, against all parties, who shall not within eight dayes after all delayes, give in all their Demands and things contrary thereunto, being so ordered by the said Prior and Consuls: as it is contained in the fourth Article of the Kings Ordinances, in the Title of Articles of Agreement.
ARTIC. 7.
Item, the said Prior and Consuls, and their Deputies, in the proving of any matter in the behalf of any man [Page 78] whatsoever, can take but ten witnesses, and them secretly, the one after the other, upon an Arbitrary Amercement, wherein the said Prior and Consuls and their Deputies may be condemned by the Court of Parliament of the same place: And that all witnesses whom they shall take herein above the said number, shall be rejected; as it is contained in the Title of Witnesses, and likewise upon a matter in the Kings Ordinances.
ARTIC. 8.
Item, The inquiries being made, the Parties there, both or severally, shall be bound to put in their exceptions, or reproaches, within three dayes after the receiving the said Inquiries, without any further delay, upon pain to be refused; as it is contained in the second Article of the Kings Ordinances in the Title of Reproaches.
ARTIC. 9.
Item, All Contradictions against the Letters and Exceptions, shall be [Page 79] given in, within eight dayes after the said Reproaches, and Exceptions, without any further delay, otherwise to be denied; as it is contained in the sixth Article of the said Ordinances.
ARTIC. 10.
Item, After publication made of the said Inquiries, no Reproaches and Exceptions shall be permitted to be given in; but they shall proceed to Judgement, and to the deciding of the Cause, upon the former proceedings; as it is contained in the third Article of the Kings Ordinances.
ARTIC. 11.
Item, All Inquiries, considering they cannot be other then Civill, shall for Actions of Case be published before the said Prior and Consuls, having first observed the Tenour of the Articles here before immediately written; as it is contained in the Kings Ordinances, in the Title of Publications of Inquests: and every party in the end of the Cause, may retire his [Page 80] own, if he so please, as it is observed in the Jurisdiction of other inferiour Judges.
Of Production.
ARTIC. 1.
ITem, If the proof be to be made by Writings, then the Parties are to bring in all the same Writings; by which they pretend to prove their intention, within three dayes, without any further delay, unlesse the distance of the place do require any more time; as it is contained in the third Article of the Kings Ordinances, in the Title of Productions.
ARTIC. 2.
Item, If the Parties produce any Writings that concern not the cause (to trouble the Judgement of the said Prior and Consuls) they may then amerce the same party that shall bring in any such Writings, in a hundred soles, ten shillings; as it is contained [Page 81] in the second Article of the foresaid Title, to be imployed as it is said before.
ARTIC. 3.
Item, the said respite of three daies, or other respits, given by the discreet deliberation of the said Prior and Consulls, being past, the parties shall not after be permitted to produce any further Writings, but the proces shall be judged in the same state, as it shall be found at the expiring of the respite, as it is contained in the fourth Article of the foresaid Title of Productions.
ARTIC. 4.
Item, the Register of the said Prior and Consuls, shall be bound to keep a little Inventory of all the Writings that shall be produced, and shall cause the Parties that produce them, to write their names upon every one of them, to the end that none of the writings so produced, be altered or lost, which might happen to be of great importance, specially amongst [Page 82] Merchants, between whom oftentimes do arise differences of great sums, conteined in little papers; As bils of Debts, and letters of Exchange: And likewise to the end that all Writings so produced, might be seen to agree with the tenour of the Inventory, in the deciding of the Proces: as it is contained in the Kings Ordinances, in the Title of Inventories.
ARTIC. 5
Item, the said Register shall not take out any Coppy of matters of effect out of the said Inventory, neither for the one party nor for the other, but onely in the cause, and for the end wherefore the said writings are produced, under the amercement of one hundred sols, to be imployed to the profit of the said Exchange, as the Atturnies of parties in other Jurisdictions, are condemned in the like sum, to be imployed to their Chappell: as it is contained in the second Article of the said Ordinances, in the Title of Productions.
Of Sentences.
ARTICLE. 1.
FIrst, the said Prior and Consuls, according to the certainty and truth of the proofs and allegations made before them by the parties, shall pronounce their Sentences cleerly, deciding the Proces, under pain of punishment by the Court of Parliament of the said place, upon the reformation of their Sentences: as it is contained in the second Article of the said Ordinances, in the Title of Sentences.
ARTIC. 2.
Item, when the said Prior and Consuls have pronounced their Sentence without correcting, adding or diminishing the fame, the said Register shall give a Coppy of the said Sentences to either of the said Parties, being required thereunto, upon an arbitrary penalty to be set upon him, and [Page 84] to be held a false man if he doth the contrary; as it is contained in the third Article of the foresaid Title.
ARTIC. 3.
Item, the Kings pleasure is, that all Sentences given by the said Prior and Consuls, both interlocutory and desinitive, shall be of force and effect, even as those of other Judges, as it is contained in the last Article of the said Title of Sentences.
Of Arbitrators.
ARTICLE. 1.
ITem, the Merchants of the jurisdictions of the said Exchange of Thoulouze, as well by their own consents, as by the command of the said Prior and Consuls, may refer their differences to Arbitrators, from whose sentence, they may appeal to the said Prior and Consuls, who as they shall see cause, may reform, or confirm the Sentence of the said Arbitrators.
ARTIC. 2.
Item, the appellation of the Sentence of the Arbitrators, shall not be accepted by the said Prior and Consuls, before the Arbitrement be performed, by the party that doth appeal; upon condition of restauration in the end of the Proces, if it be so thought good by the said Prior and Consuls: as it is contained in the Kings Ordinances, in the Title of Arbitrators.
ARTIC. 3.
Item, the said Prior and Consuls are to note, that no Merchant, nor other being of their Jurisdiction, can transport, or make over their interest to any person Priviledged, and not subject to the same Jurisdiction, be it by gift, sale, or Exchange, or by any other meanes, thereby to avoyd their Authority, or else the same transports or possessions, shall be of no effect, and the losse of their right and cause: as it is contained in the first and second [Page 86] Articles of the Kings Ordinances, in the Title of Cessions.
ARTIC. 4.
Item, all Scriveners, who shall receive any such transports shall be punished by the said Prior and Consuls, in an arbitrary penalty: and further shall be condemned, to pay unto the adverse Party, al his costs and charges, which he hath sustained by means thereof; as is contained in the first Article of the foresaid Rubrick, taken of the common disposition of the right.
Of Accusations.
THe Parties may accuse the said Prior and Consuls, and others of their Jurisdictions, if they have lawfull cause so to do, And that not in writing but by word, in his presence whom they suspect: And their accusations shall be summarily examined and decided; and if in case the said Prior and Consuls should be accused, then [Page 87] the most ancient Merchants, and those who have had the first pre-eminence in the said Exchange, shall sit in the place of the said Prior and Consuls: as is observed in the other Jurisdictions; and contained in the Kings Ordinances, in the Title of Accusations.
Of Distributions.
ARTICLE. 1.
THe said Prior and Consuls, may distribute the Proces unto the most ancient Merchants, that be most expert in the matters that be in Question, to make a true report unto the said Prior and Consuls: according to the allegations and proofs of the said parties, to the end to decide the same, according to right; without any sallery to be given to the said Merchants, in regard of their report.
ARTIC. 2.
Item, all Merchants to whom the said Prior and Consuls shall distribute [Page 88] the Proces, they shall be subject to take the advice of the Advocate, and Atturney of the said Exchange, or of any others, if there be any difficulty in the cause, to the end to discern the right, and to make the better report thereof unto the said Prior and Consuls, that they may the sooner end the same, according to reason and right, and at the charges of their parties pursuants, like as the Conservator of the Faires of the said city of Lion doth.
Of Charges and Dammages.
ARTICLE. 1.
FIrst, all Charges and Damages shall be taxed by the said Prior and Consuls to a certain sum, as it shall truly appear unto them, by the discourse of the Proces, having a regard to the quality of the Parties, and quantity of the causes, without receiving from the Parties any declaration of their charges, and without any other [Page 89] order of proceeding, as is contained in the last Article of the Kings Ordinances, in the Rubrick of Charges: like as the Conservator of the Faires of the said Lion doth; and is contained in the Letters Patents of the moneth of February, hereafter specified.
ARTIC. 2.
Item, if for the repair of the Charges, Damages, and Interest, any person were condemned in a penalty, and to remain in prison untill he had satisfied the same, by the said Prior and Consuls, the said party cannot be by them inlarged, without the expresse consent of the Party interessed, or that he have satisfied him; As is contained in the seventh and eight Articles, in the Rubrick of Charges, and in the sixt Article of the Rubrick of Penalties.
Of Penalties.
ALL Penalties adjudged by the sayd Prior and Consuls (to be [Page 90] imployed as before said) shall be leavied without delay, as is contained in the second Article of the foresaid Title of Penalties.
An Extract out of the Register of Parliament.
THe Court did peruse King Henries Letters Patents in form of a Charter, and Ordinance, given at Paris in the moneth of March, 1566. con containing the ordaining, erecting and establishing of a Common place in the City of Roan for Merchants, that they and their Factors may assemble themselves there twice a day, at the usuall houres, to traffick, and transact their businesses, as they do in the Exchange at Lions, and in the Burse at Tholouze: and also to meet and assemble themselves every year in the said common place: and to choose one Prior, and two Consuls out of the Merchants, from year to year, to take [Page 91] notice and Judge of such things as are mentioned in the said Letters Pattents; together with the Priviledges and Liberties contained at large therein. A Petition being presented by the Citizens, Merchants, dwellers, and Inhabitants in this City of Roan, in the behalf of themselves, and other Merchants resorting and trafficking thither, concerning matters of Merchandize; for the approving of which Grant, and for publishing of the said Letters Pattents; It is ordered, that without any prejudice of the oppositions made against the publishing of the said Letters Pattents and Charter, they shall be read, published, and registred. The Merchants that shall be chosen (according to the tenour thereof) to be the Prior, Consuls, and Clerks of their Court, must be free Denizens, or else Naturalized, and married in this Country. Moreover the Election shall be made before a Committee of two Councellours, named and deputed by the Court of Parliament for that purpose; [Page 92] before which Committee the said Prior and Consuls, and the Clerk of their Court shall take the oath requisite for exercising and discharging their duties in their Offices and places.
The Register of the said Court of Consuls, and the Clerk of the Assurance Office, must be inhabitants in the City of Roan, in some publike and eminent place, which shall be chosen and assigned for that purpose.
I Lewis Marc Pursuivant in the said Court of Parliament, did afterwards read and publish the things above mentioned and contained, at the crossing of the wayes, and in the publike places where Proclamations use to be read in this City of Roan; having first of all caused the Trumpet to be sounded, and Out-cries to be made after the usuall manner, on Friday the [Page 93] last day but one of July, 1563. In witnesse whereof I have hereunto set my hand and subsignature
In the presence of Peter Bataille the Trumpeter, and of many others there present at that time.
The Kings Letters Pattents, by which all Messengers of the Parliament, and all other, or any of the Sergeants of other Courts are enjoyned to put in Execution the Commands and Sentences given by the said Priors and Consuls: and to serve the Warrants, whensoever they shall be required.
Whereas the late deceased King Henry our most honoured Lord and Father, hath ordained and established, in our City of Roan one Prior, and two Consuls, after [Page 94] the manner used and observed at the Exchange in Lions, and at the Burse in Tholouze. Which thing was approved of by our Court of Parliament at the said Roan, after many and long suits: and yet, notwithstanding, the most part of you do refuse to put in execution sentences given, and orders made by the said Prior and Consuls, under colour and pretence, that our Bailiffs, Sheriffs, Admirals, the Masters of our Waters and Forests, and the rest of our Judges or their Lieutenants, have inhibited you to warn any persons before the said Prior and Consuls, under great penalties, and amercements; so that by these means, the Edict of their establishing is made delusory, voyd, and of no effect for them; although we are cheefly interessed in the businesse, our intent being to make traffique to be used honestly in our Kingdome.
These are therefore to command and charge you, and every one of you, being thereunto required, to put in full and entire execution, all Ordinances, [Page 95] Sentences, and Judgements given by the said Prior and Consuls, and also to serve their Warrants, and Writs, and make returns thereof, as you, and every of you shall be required, without asking any leave, Placet, Visa, or Pareatis; neither shall any one of our Judges whatsoever, have power or authority to hinder you, or to call you into any of their Courts, or Jurisdictions, for we have expresly interdicted and forbidden, and do interdict and forbid them by these presents, so to do, under the penalty of answering in their own particular persons, for all charges, dammages, and interests of the parties; for such is our pleasure, notwithstanding any Edicts, Ordinances, Restraints, Commands, Prohibitions, and Letters whatsoever to the contrary.
The said Patents signified unto the Bailiff, Sheriff, the water Sheriffe, Admiralty and Sergeants, by Cireule the Messenger, according to the relations of the 15. of November 1563. and the 3. of September 1514.
The Kings Letter Pattens in form of a Declaration, given upon the establishing of the Judges Consuls at Paris.
We give you to understand that upon the Petition presented unto us in our Councell by the Merchants of our City of Roan; We have through the advice of the said Councell, declared and ordered and do declare and order by these presents, That the Edict and order made by us at Paris in the moneth of [Page 97] November, in the yeer 1563. for the establishing in our said City of Paris, one Judge, and four Consuls of Merchants, with a Jurisdiction and Power of taking notice of all Processes and differences between Merchants, in matters of Merchandice; shall have place, and shall be kept and observed henceforward, as well for what concerneth the manner of the Election, as for the Jurisdiction of the Prior and Consuls of Merchants heretofore established in our said Citie of Roan: To exercise and to execute Justice henceforward, by them that shall be chosen from yeer to yeer, between Merchants, in matters of Merchandice onely, according to the Tenour of the said Declaration. And the Counsellours of the common Citie-Hall (except they be of the number of them that are chosen) shall have no authority to intermeddle with their affairs during the times of free Fayrs, as they do pretend to belong unto them by the Charter of the deceased King Lewis the eleventh, given at Arras [Page 98] in the moneth of May, 1417. which we have called in, upon that consideration; and in so doing, have united, and do by these Presents unite the pretended Jurisdiction of the said Counsellours of the Common-Hall, to that of the said Prior and Consuls of Merchants, and upon the Remonstrance also made by the said Merchants: That ordinary Judges do still take notice of the oppositions made against the execution of Sentences and Judgements given by the said Prior and Consuls, they pretending to know, and that they ought to take notice of the differences between Merchants, Drapers, Hosiers, Shoe-makers, Mercers, Fishmongers, and others, that sell and buy by Retail; saying, That it is a businesse belonging to the Bailiffs Court of the Citie, and to the Lieutenants, and to the Sheriffs. We, to make an end of those difficulties and hinderances in the execution of our Edicts, have declared and ordered, and do declare and order, and it is our Will and Pleasure, That the taking notice [Page 99] of all oppositions which shall happen hereafter against the execution of the Sentences and Judgements given by the Prior and Consuls of the Merchants of Roan, and of all differences in matters of Merchandice between Merchants onely, either sellers or buyers, by the Great, or by Retail; shall remain, and belong to the said Prior and Consuls, privatively from any other Judges, as wel ordinury, subordinate, Deputies, Inferiour, as of Our said Court of Parliament at Roan: Forbidding them the taking of the same in the first Instance, being reserved for the parties to provide themselves by Appeal, in the cases of Our Ordinance, and not otherwise.
Moreover, We do command Our trustie and welbeloved, keeping Our said Court of Parliament at Roan, to cause these Presents to be read, published, and registred with an Extract signed, out of the Register of Our Court of Parliament at Paris, of the said Ordinances given at Paris in the moneth of November, 1563. to keep [Page 100] and observe the Contents thereof, and to cause them to be kept and maintained inviolably, and in every point, according to the Form and Tenour thereof; causing all hinderances to the contrary to cease, considering the good, and profit, and ease which resulteth from thence unto Merchants; and for the maintaining of Traffick, Negotiation, and otherwise. For, such is Our Pleasure, all pretended Priviledges, Statutes, Ordinances, or any other Letters to the contrary thereunto notwithstanding.
Given at Montpellier the 29 of December, 1564. and in the fourth yeer of Our reign.
And upon the back-side it is endorsed, By the King in his Councell, signed by Cauvet his Subsignature, with an appearance that the said Letters were sealed with a double Label.
Moreover, it is endorsed, Read, published and registred, with [Page 101] the Extract of the Decree of Parliament at Paris therein mentioned, at the request of the Prior and Consuls, established for the Merchants in the Citie of Roan, and also at the request of the said Merchants; with the consent of the Kings Atturneys Generall, under the Clauses contained in the Decree thereupon ordered, given, and now published. 1566.
Decrees, Ordinances and Presidents of the Court of Parliament, given between the Bailiffs, Aldermen, Sheriffs of Roan; the Water-Sheriff, and the fourty Sergeants of the said City, of the one part: And the Priour and Consul Merchants of the said Common Place, of the other part: Upon the approving of the Kings Letters-Patents given at Montpellier the 29 of December, 1564. above inserted. On the 13 of July, 1565. at Roan, in the Court of Parliament.
[Page 102]BEtween the Prior and the Consuls established for Merchants in this Citie of Roan, and the Merchants, dwellers and inhabitants of the said Citie, Plaintiffs, desiring the approving of the Grant, and publishing of certain Letters Patents of the Kings Declaration, containing an Enlargement of their Jurisdiction; M. Nicholas Rome Lord of Fresquiennes, now Prior; Peter Dumoncel and Allonce le Seigneur, the Consuls, being present: and by M. Richard le fae their Atturney, on the one part: And the Bailiff and Sheriff of Roan, the Water-Sheriff, and the Counsellours of the Common-Hall of the said Citie, and the fourty Sergeants of the said place, Defendatns against the said approving of the Grant, and publishing of the said Letters Patents; appearing by M. Martin le Roy, James de Verdun, and Peter Deffaies, their Atturneys, of the other part, in the presence of the Kings Atturney Generall. The parties being heard, and the Kings Atturney [Page 103] in a verball Plea; and that Bigot for the said Attorney Generall, said, That the cause of the Order which was made, that the said Letters Patents should be communicated unto the Defendants, was, to hear if they could alleadge any thing for the publike good and utility, which the Court and the Kings Officers intended onely to regard. And having heard what is pleaded, the said Atturney Generall shall give his Conclusions in writing: that all being seen and perused by the Court, they may do justice therein. The Court hath ordered, and doth now order, That the said Atturney Generall shall give his Conclusions in writing, upon the approving and publishing of the said Letters-Patents, as was intended at the Councell. The cause pleaded by the Defendants, was annexed thereunto.
The eleventh day of December 1655. in the Court of Parliament.
BEtween master William Puchot the Sheriff of Roan, plaintiff, desiring the grant of a certain Request presented by him unto the Court: whereby the Letters Patents of the Kings Declaration, obtained by him at Rochel the 15 of September last past, might be read, published, and registred; the Contents whereof to be enjoyed, and use made of by the said Sheriff, being then present himself in person, and by Master William de Bourgongne his Atturny, of the one part; and the Prior and Consuls established by the Merchants of this City of Roan defendants, and opposing themselves against the grant of the said request: Bardin Bignon, the Warden of the common Burse of the Merchants being present: and by Master Richard le Fae their Atturney, of the other part: in the presence of the Kings Atturney [Page 105] Generall: when Ange had said in the behalf of the said Puchot the Sheriff of Roan, that he had formerly made an opposition unto the publishing, approving, and grant sued, and desired in the said Court, by the Prior and Consuls, of certain Letters Pattents, granted by the King at their suite and instance, pretending to encrease, and enlarge by them their jurisdiction. And though they were established and ordained to take onely notice of traffick, and Merchandise between Merchant and Merchant: Yet they endeavoured to procure and obtain that it might be granted unto them to take notice of processes and differences, which might arise and happen out of things sold by retaile for the ordinary uses, and for the necessities of the people, and of the Kings Subjects, to the great prejudice of the said Sheriffs Jurisdiction. Upon which opposition, and other contradiction made against the publishing desired by the said Priour, and Consuls of their said Letters given at Montpellier the 29. of December, 1564.
[Page 106]The case was laid all open plainly, and given his Majesty to understand in his Privie Councell, where he was present, that by the Contents of the said Letters Pattents of the 29 of December, 1563. so obtained in the behalf of the said Consuls, they could not extend them to the taking notice of such Processes as should arise by reason of that which is sold by retaile for the use and ordinary necessities of the people: and neverthelesse the King, to make the businesse more cleer, had moreover by the said letters, being a decree of his Privy Councell, of the 15. of September, declared and ordered, That by the said Letters Pattents of the 29. of December 1564. his Majesties intent was, that the said Priour and Consuls should know of no other differences soever, but in matters of traffique negotiation, and Merchandise between Merchants onely, according to the tenour of the Edict, and Letters Patents of their ordaining and establishing, and that they should have no authority to take [Page 107] any notice of those differences that might arise for any Merchandize soever sold or bought for the ordinary necessities or use of the Kings Subjects: which notice his Majesties will and intent was, and now is, that it should belong and remain with the said Sheriffs of Roan, and with other ordinary Judges, though the buyers, and sellers be Merchants, since this kinde of selling and buying is not made by way of Merchandise, but onely for their necessity and uses, the said Ango concluding in the behalf of the said Sheriff of Roan to the ends of his request, and that thereby the Letters Pattents of the Kings Decla-Declaration of the 15. of September, now read, published, and registred, the Contents whereof to be enjoyed and use made of by the said Sheriff according to the form and tenour of the same, and that inhibition may be made unto the said Prior and Consuls, for attempting any thing to the prejudice of them, desiring charges against them in case of contradicting.
[Page 108]Unto which Cadyot, for the said Prior, Consuls, and Merchants, hath said that the said Letters Pattents of the Declaration obtained by them, were communicated by Order of the Court to the Citizens Councellours of the Common hall of this City of Roan, which have them still in their hands; upon the reading and publishing whereof, the said Sheriffs of Roan had opposed himself, as also the Bailiff of Roan and others. Whereupon the case was appointed in the Councell: the said Sheriffe not signifying it unto the King, had obtained the said Letters Patents of the Declaration, by which there might be done a formall prejudice unto the said instance, which would have been judged nothing, (being seen, and the party not being heard) by the said Letters Patents, an unusuall thing and altogether unreasonable; declaring, that he opposeth himself against it, and hindreth the ends of the said Sheriffe of Roan his request: maintaining that the said Letters of the new [Page 109] Declaration obtained by the same Sheriff, may not, nor must not be published nor take any effect to the prejudice of the said instance appointed in the Councell, which must be first decided: or else he maintaineth that first and before they can proceed farther in this businesse, the parties must be sent back to provide themselves before the King, and that he hath many great and important reasons to shew of which he is not at all instructed at the present, which to bring in he maintaineth howsoever that a competent time and delay must be given him, which delay hath been contradicted and hindred by the said Ango, for the said Sheriff of Roan, considering the preceding delayes afore, by him quoted, prefixed, and limited to the said Prior and Consuls, to come to make inhibition against his said request; when also Bigot had said for the Kings Atturney Generall that the said Lord our Soveraign by his last Letters of Declaration had made a very reasonable limitation to [Page 110] those whom the Prior and Consuls had obtained to enlarge the Jurisdiction given unto them, by their ordaining and establishing; desiring that Cadyot Advocate for the said Prior and Consuls would say what he should think good, if he did intend to say any thing else, or otherwise, that default might be given against him in his own presence. The said Cadyot, for the said Prior and Consuls, insisting in his plea, and in desiring that the parties might be sent back to the King and to his Privy Councell, where they do intend to shew fully the consequence and importance of the said Letters of Declaration obtained by the same Sheriff of Roan; and in case they should take effect, and the taking notice of what is sold by retaile, should be taken away from the said Prior and Consuls: the grant of Jurisdiction made unto them, would be so weakned, that the traffique of merchandize would be much retarded thereby, by the long suits against the Kings mind, and other [Page 111] great and pertinent reasons, which the said Prior, Consuls, and Merchants do intend to shew plainly.
The Court hath appointed and doth appoint the parties to the Councell upon the publishing, desired upon the Sheriff of Roan, of the Letters of the Kings Declaration of the 15. of September, to do right therein, in Judging the instance also appointed to the said Councell, by a decree of the 13. day of July last past, as it shall be found requisite: in the mean time the said Court hath made, and doth make inhibitions, and forbiddeth the said Prior and Consuls upon such penalties as belong to the case, to assume unto themselves the taking notice of Processes and differences arising out of Merchandises sold, or bought for the ordinary necessities, or uses of his Majesties people and subjects, permitting them onely to take notice of those differences, that proceede by reason of traffique, and negotiation of Merchandize, between Merchants, according to the Ordinance and Letters [Page 112] Pattents of his Majesty, concerning their Ordaining and establishing.
An extract out of the Register of the Court of Parliament.
THere was seen by the Court the Kings Letters-Patents given at Montpellier the 29 day of December, 1564. signed by the King in his Councell Camus, and sealed upon a double Label of yellow Wax, containing a Declaration, Order and Enlargement of the Jurisdiction of the Prior and Consuls established for the Merchants in this citie of Roan; a Decree of the Court of Parliament of Paris of the 18 day of January, 1563. upon the publishing of the Ordinance, and establishing of a Judge and Consuls in the said citie of Paris. There was seen also the said Ordinance transcribed, and inserted into it: the Decree given between the said Prior [Page 113] and Consuls, and the Bailiff and Sheriff of Roan, the Water-Sheriff, the fourty Sergeants, and the Counsellours of the common Hall of this said citie of Roan, and the Kings Atturney Generall, the 13 of July, 1565. An Act of the 14 of April last, made afore the said Prior and Consuls, containing a Declaration made by them, that they intended no ways to prejudice the franchises and liberties of Faires of this said City of Roan, by the said Pattents, and other Papers produced in the said Court, according to the said Ordinance of the 13. of July, 1565. a conclusion given in writing by the said Atturney Generall, of the 13. of August, in the said year 1565. The Lawyers of the Bailiffs, Sheriffs, of Roan, Water-sheriffs, and of the Counsellours of the Common hall of this City of Roan, being all considered. It is said that the Court considering the request of the said Prior and Consuls, immediately after the publishing of the first Ordinance made upon their ordaining and [Page 114] establishing, and with the consent of the Kings Atturney Generall, hath ordered, and doth order, that the said Letters Pattents with the extract of the decree of the Court of Parliament at Paris, and the Declaration inserted and transcribed therein, shall be read, published, and registred in the Registers of the said Court, upon the condition, and provided neverthelesse, that the Priors and Consuls, which are now, and which shall be hereafter chosen, shall be bound to appear in the said Bailiffs Court at Roan every year, on the usuall dayes, and there to take their oathes as other Judges, resorting unto the said Court and depending thereon; end that the Election of the said Prior and Consuls shall be made in the presence of the two Presidents, and Councellours of the said Court, as before, according to the Decree given in that Court, upon the approving and publishing of the first Ordinance of the ordaining and establishing of the said Prior and Consuls; upon condition likewise [Page 115] that they shall Judge according as it is prescribed by the Kings Laws and Ordinances, as well concerning unlawfull contracts, as concerning the number and quality of their Assistants, which they shall call in (being a fit and competent number) to Judge: and also that they may not know, judge and decide cases, finally and without appeal, but onely in such cases and no further than the Presidiall Judges.
The coppy being examined with the Originall.
I Claudius Moysi Pursuivant in his Majesties Court of Parliament of Roan, do certifie that at the request of the honourable Ferdinando de Quintanadoines Prior, Thomas du Pont, and [Page 116] John Tanquart Consuls of the Merchants of this said City in this present year; have Signified the said Decree of the said Court, dated the 30. of August 1566. unto Lewis Combaut, John Baudovin, Roger Bechin, and Guillebert Marsellet, his Majesties Serjeants of this City of Roan, and the chief of every decury, speaking unto them in persons, and at their dwelling houses, for them, and all his Majesties Sergeants of their respective decuries in this said City, that they nor any of them may not plead that they were ignorant thereof, or attempt any thing to the prejudice of the same, upon the penalties thereunto belonging, sommoning the said chief persons of every decuries, to give speciall notice of it to the Sergeants of their decuries: to which end, I delivered unto every one of the said four chief persons of the decuries, a coppy of the said decree with a relation and return thereof, at the charges of the said Prior and Consuls.
Done by me the above said Pursuivant, [Page 117] in the presence of Peter du Val, and of Romain de Bosc, witnesses.
The Kings Letters Pattents in manner of a Declaration given at Moulins, containing the confirmation of the Ordinances and Declarations heretofore granted to the Prior and Consuls of the Merchants in Roan, with an enlargement of their Jurisdiction, Registring, and Decree of the approving thereof, and a Verball processe of the reading of the same, made in the Bailywick, and in the Sheriffs Court of Roan.
The Prior and Consuls of the Merchants of our City of Roan have caused to be told and Remonstranced unto us in our Privie Councell, That although by our Edicts, Ordinances, and Declarations, given by us concerning [Page 118] the Jurisdiction of the said Prior and Consuls: it is expresly prohibited unto Judges in Ordinary, to assume unto themselves the taking notice, and Judging of such cases, which are attributed unto the said Prior and Consuls. Yet notwithstanding, they do commonly assume unto themselves the taking notice, and judging of the said matters between Merchants, and in matters of Merchandize, sold or bought, either by whole sale or retaile: even so far, as to prohibite the parties to proceede any where else, but before them; and they do also forbid the Serjeants to execute the Sentences and commands of the said Prior and Consuls, or to cite and warn any body before them, amercing them; so that the said Serjeants make a scruple, and refuse to assist and to be present in the said Court of the Prior and Consuls, as they are enjoyned by our Edicts and Declarations, which would be made by these means delusory unto them, except we were pleased to provide for them in this [Page 119] case, being therefore willing that for these causes, our Ordinances and Declarations may take place and effect, We charge you, and through the advice of our Councell, do expresly command you by these presents, that according unto our said Ordinances and Declarations, you do expresly prohibite the Judges in Ordinary, the Officers of our said city of Roan, and others, whom it shall concern, to assume unto themselves the taking notice of matters granted by our said Ordinances and Declarations unto the said Prior and Consuls, directly or indirectly, although the parties themselves were willing to proceed afore afore them, and also to forbid the Advocates and Sollicitors to undertake the said causes, nor to plead them before the Judges in Ordinary, upon the penalty of making voyd the suite, and of Arbitrary amercements, charges, dammages, and interests of the parties, as well of the said Judges, as against the Lawyers and Attornies: enjoyning all our Serjegants every one [Page 120] of them in their turns to assist and to be present at the dayes and houres in which the Court of the said Prior and Consuls useth to be kept; there to command silence, to put in ure and execution their Orders and commands, and to summon all such persons before them, and to serve their Warrants as they shall be required thereunto, and to give them such honour and reverence, as they owe unto Magistrates, constraining them and evey one of them so to do; and to suffer and obey by all due and reasonable meanes, and by imprisonment of their persons. All oppositions and appeals to the contrary notwithstanding, by reason of which we will not have any delay to be made, enjoyning likewise our Atturnies in every one of the severall Courts, upon the duty of of their Office, to be aiding and assisting in the execution of the command and Authority of these presents, which we will have to be read and published as well in our said Court, as in every of the said Jurisdictions, [Page 121] that none may pleade that they were ignorant thereof: for such is our pleasure.
Read, Published and Registred, in the hearing of the Kings Atturney Generall, that they that have obtained them may enjoy them, as it is contained in the Ordinance given this day upon the publishing thereof at Roan in the Parliament the 22. day of March, in the year mentioned in the Originall.
Of the 22 of March, 1555. at Roan in the Court of Parliament.
VPon the request made verbally in the Court by de Bretignieres, Advocate, in the behalf of the Prior and Consuls established for the Merchants in this Citie of Roan, which have obtained some certain Letters-Patents of the Kings Declaration, for the ordering of their Jurisdiction, given at Moulins the 22 of February last past, appearing by M. Richard le Fac their Atturney; that it may please the Court, in approving the said Letters-Patents, to cause them to be read, published and registred, that the said Prior and Consuls may enjoy them, according to the form and tenour thereof: Bigot did afterwards declare, by the Atturney-Generall, that he would not hinder it, in case there was no derogating from the Ordinances made by the Court, as well upon the publishing of the Ordinance for the ordaining [Page 123] of the said Prior and Consuls, as from others; even from that Ordinance which was given upon the 11 day of December last, between the Sheriff of Roan, and them: by which it was ordered, that the said Prior and Consuls should not take notice of differences arising about things sold for common necessities; but onely of such as did arise concerning Traffick between Merchant and Merchant: without any prejudice likewise to the Court which useth to be kept in the common-Hall of this citie of Roan, during the Fayrs: and by the Agreement made between them and the Citizens counsellours of the common-Hall, that the said Prior and Consuls of the Merchants should have no power, nor no authority of assembling themselves in the said common-Hall, for the giving and allowing of charges.
Because also they may neither thereby assume unto themselves any authority over Judges in ordinary, to punish them, pretending that they have usurped [Page 124] upon their Jurisdiction. And Ango for the Sheriff of Roan, and Lermite in the behalf of the Counsellours of the said Common-Hall, appearing by M. Peter de Hays and Marten le Roy, their Atturneys respectively; have declared, that except the said Prior and Consuls would give their assent unto the said Qualification and Restraints mentioned by his Majesties Atturney-Generall, they do intend to oppose the said reading and publishing.
Unto which de Bretigneres, for the said Prior and Consuls, hath said, That their intent was not to do against what was agreed upon between them and the said Counsellours of the citie, neither to withstand the Ordinances of the said Court, by which they were prohibited to use Amercements and Censures permitted by Law, for the maintaining of their Jurisdiction: and that the said Letters-Patents were read in a due and lawfull manner.
The Court hath ordered, and doth now order, That in the margent at the [Page 125] lower end of the said Letters-Patents, these following words shall be written.
Read, published and registred, in the hearing of the Kings Atturney-Generall; the Contents thereof to be enjoyed and used by the Petitioners, according to the Edict of their ordaining and establishing: a Decree being made thereupon; and another Ordinance being made between the Sheriff of Roan and them, in the moneth of December last past; and an Order between the Prior and Consuls, and the Counsellours of the Common-hall of this Citie.
BY the Kings Letters-Patents given at Angers the 6 of November, 1568. it was permitted unto the said Consuls to levie Moneys upon Merchants dwelling and trafficking in the citie of Roan, either strangers made Denizens, or others; as well for the buying of [Page 126] a place for their Court, as for other occasions and things thereunto incident: and approved of in the Court of Parliament, the 2 day of May, in the yeer aforesaid. The said Letters-Patents, and the Ordinance of approving thereof, are here omitted, for brevity sake, because they are mentioned and related in the next following verball Processe.
The verball Processe made by the Counsellors deputed by the Court.
IN the yeer of the Lord 1566. on Friday the 2 of August; We George le Brun, one of his Majesties Counsellours in his Court of Parliament at Roan, deputed Commissioner by it, by an Ordinance of the 26 day of June last; at the request of Bardin Bignon the Atturney of the Merchants, and of the Exchange of the Prior and Consuls of this city of Roan: and M. William Godeffroy, Advocate in the said Court, and chief Commissioner in the civill Register in the Auditories of the [Page 127] Bayliffs and Sheriffs Courts in this city of Roan: did go to put in execution the said Ordinance, containing our Commission; and, according unto it, to cause the Letters-Patents to be read and published, and also the Ordinances of the said Court mentioned therein. And first of all, in the Auditory of the Bayliffs, where we found the Court sitting, and M. James de Brevedent, Lieutenant-Generall unto the said Bailiff of Roan, keeping it, assisted by M. James de Chandelier, Richard Guerard, James Cadyot, and Robert le Teillers, counsellours in the Presidiall See of the said Bayliwick: which de Brevedent having yeelded us the chayr, we have, at the request of the said Bignon the Atturney, caused to be read and published by the said Godeffroy our Register, first of all the said Decree containing our Commission, and afterwards the said Letters-Patents given at Angers the 6 day of November last, the Ordinance of the Court given for the approving and granting of them, the 2 day of May also last [Page 128] past; the Letters-Patents given at Moulins the 22 day of February; the Ordinance of the Court given upon the reading, publishing and registring of them, the 22 of March, and another Ordinance therein mentioned, given the eleventh day of December aforegoing, between the Sheriff of Roan, of the one part, and the said Prior and Consuls of the other: together with the Decree of the 22 of June last past, containing a Permission from the said Court, unto the said Prior and Consuls, to cause the said Letters and Ordinances to be published in the said Jurisdictions and Auditories of the Bayliwick and Sherivalty of Roan: after which reading and publishing, the said Bignon, in the said Name, hath required us, that an Act and a verball Processe might be delivered unto him. And it hath been required and demanded, by the said de Brevedent the Lieutenant, that the copies of the said Letters and Ordinances might be delivered unto him, to provide himself for his part, [Page 122] against the usurpations which the said Prior and Consuls make commonly upon the Jurisdiction, and otherwise, as he shall see good to be done; protesting, that the said reading and publishing can be no ways prejudiciall unto him. The like Request and Protetestation being made by M. Matthew Poullain, Advocate in the behalf of the Registers of the said Bayliff of Roan, the said Bignon protesting against it, in the said Name: Of which reading and publishing, we have granted an Act to the said said Prior and Consuls, appearing as above; and to the said Lieutenants, and Registers of their Protestations; and to the said Bignon in the said Name, of his Protestation to the contrary, to be available unto them respectively, as it shall be reasonable; and have ordered, that the copies of the said Letters-Patents and Ordinances should be delivered unto the said Bevedent and Register, to such end as shall be fitting.
This being done, we went into the Sheriffs Auditory, wherein we have [Page 130] likewise found the Court sitting, and kept by M. William Puchot Sheriff of Roan, who yeelded us the place and the chair: in which Auditory the Court sitting as above, we have caused the like reading and publishing to be made, as above, of the Letters-Patents and Ordinances above quoted and dated: Which reading and publishing being heard by the said Bignon, he hath besought and requested in the said Name, that an Act, and a verball Processe thereof, might be delivered unto him, to be available in time to come, as it shall be meet. And we were requested by the said Puchot, to cause the copies of the said Letters-Patents and Ordinances to be delivered unto him, to provide himself for his part, against the usurpations which he hath said to be made daily by the said Prior and Consuls upon his Jurisdiction; and to that end, to present his Petition unto the Court, that it may be likewise permitted unto him to cause the said Ordinance of regulating made between him and the said Prior [Page 131] and Consuls, the 11 of December, to be published, after the sound of the Trumpet, in all the crosse-ways of the City: protesting moreover, that the said reading and the publishing can be no ways prejudicial unto him. Whereupon we have ordered, that the said Prior and Consuls shall have, and we have granted them, an Act of the said reading and publishing to such ends as are contained in their request, and unto the said Sheriff his Protestation: and that the Copies requested by him shall be delivered unto him, to such ends as it shall be meet, and unto the said Bignon in the said Name, of his contrary Protestation. Of all which things we have made this verball Processe, and have signed it in truth with our Signet, and caused it to be signed by our Register and Assistant, and thereunto the Seal of our own Arms to be put, the yeer and day above-written.
The Kings Letters-Patents, containing a Declaration, upon the reestablishing of Court of Requests in Roan.
Whereas by the Ordinance of the reestablishing the Court of Requests in Our said Court, published in it the first day of July last, it was ordered in one of the Articles thereof, That the Masters of the said Requests shall take notice in the first instance privatively from any other, of the differences of Hansians, Germanes, Ostrelins, English, Scotch, Portingals, Spanish, and other Forreigners, which shall be made and moved by them against Our Subjects within the Precincts of your Jurisdiction, for what occasion soever: which many would interpret to the prejudice and restraint of the Jurisdiction of the Prior and Consuls of the Merchants of Our city of Roan.
[Page 133]We give you therefore to understand, That upon the Remonstrance made unto us by the Atturney of the said Prior and Consuls, to make Our intents and will clear; We have said and declared, and do say and declare, by these Presents, That we have not meaned by the said Article of the said Ordinance to prejudice any ways, nor touch what is formerly granted by Our Ordinances, Orders and Declarations made upon the establishing of the said Prior and Consuls of Roan, for Suits in Law, and differences between Merchants, and in matters of Merchandise, and in things incident thereunto. We will, and Our pleasure is, That the said Ordinances, Orders and Declarations shall hold, be kept and observed in every point, without any restriction or limitation soever: the said Article notwithstanding. Moreover, We do command and enjoyn you to cause the said Prior and Consuls, present or to come, to enjoy fully and peaceably the said Letters-Patents and Declaration; [Page 134] ending, and causing all hinderances to the contrary to cease. The Ordaining, and re-establishing of the said Chamber of Requests, or any oppositions, or prohibitions to the contrary thereof notwithstanding; for such is our pleasure.
A Confirmation of the Ordinances and Declarations concerning the establishing of the Jurisdiction, and Common Place of the Merchants of Roan in the year 1596. And Ordinance of the approbation thereof in Parliament.
Our [Page 135] dear and well beloved, the Prior and Consuls of the Merchants of our City of Roan, have caused to be Remonstrated unto us, That although our deceased predecessours Charles and Henry the last our most honoured Lords, Father in Law and brother, have for great and just considerations granted them Letters Pattents aswell in form of Ordinances of their ordaining and Institution, as of Orders, and Declarations, concerning the Jurisdiction, and the taking notice of what is granted them in matters of Merchandize and for the manner of their Election duly and rightly approved of in our Court of Parliament of the said place: neverthelesse they are dayly troubled and tormented by Judges in Ordinary, which endeavour to make the said Jurisdiction of no effect, and to frustrate the Merchants of the said Roan, their Widdows, Heires, and Factors, Negotiators, Masters of Ships & of Vessels, Boats, & Packmen, Carriers carrying and re-carrying their Merchandizes, [Page 136] importing or transporting their Wares by water and by land; of the good and sincere intention of our said Predecessors, and there are also Commissions of appeals issued out of the Chancery in the said Roan, for small sums under which they have power to Judge without any appeal. And moreover, Sergeants do not perform and execute what they are enjoyned by the said Ordinances and Declarations, and other trespasses made upon their Jurisdiction; by reason of which and that we may cause them to enjoy peaceably the contents of the said Ordinances and Declarations, Dated in the Moneth of March 1556. 23 of October 1563. 29 of December 1564. 22 of February 1566. 22 of August 1586. and of the Ordinances of approbations thereof, which have ensued in our said Court of Parliament: they have besought us to be pleased to grant them our necessary Letters Pattents of confirmation, and therefore desiring to redresse the Petitioners in this point, and to afford all occasions [Page 137] unto Merchants to cause the commerce and traffick to flourish, as much as it shall lye in us, in imitation of our said Predecessours, and for the Common good of this our Kingdome We have continued and confirmed, do continue and confirme by these Presents, all the Contents of the said Ordinances, Orders, and Declarations of the said Kings our Predecessours, and of the said approbations made by our said Court of Parliament concerning them, here annexed against the Counter-seal of our Chancery, that they and their successours in the said charges, may enjoy them, and make use of them, as they have done heretofore, and do yet at this present, altogether and in the same form and manner as it is contained at large, and declared in the said Ordinances, Orders, and Declarations, and in the said Ordinances of approving thereof. Moreover, we do charge and command our trusty and wellbeloved the Councellours, keeping out Court of Parliament in the said [Page 138] Roan, the masters of Requests in Ordinary of our hall, keeping the Seal of our said Chancery, and unto them that keep the Court of Requests of our said Court, the Bailiff of the said Roan, or his Lieutenant, and to every one of them, as it shall concern them, to verifie or approve of these our present Letters of continuation and confirmation, and of all the contents thereof of the said Declarations, Ordinances and approbations thereof granted and made by the said Kings our Predecessors, to cause, suffer and permit the said Petitioners, and their successours in the said charges, fully, peaceably, and perpetually to enjoy and use them; ceasing and causing others to cease from all troubles, hinderances, and oppositions to the contrary. For such is our pleasure, and that it may be a sure, and a permanent thing for ever, we have caused our Seal to be put unto these presents, our own right, being saved in this, and other mens right in all things.
Moreover it is written thus upon the fold, or place of the Labell, Visa Contentor. Signed Poussepin with his subsignature, and sealed upon a labell of red and green silke, with the great Seal of green wax; and besides Registred in the Registers of the Court, in the hearing, and with the consent of the Kings Atturney Generall, to the end, that they which have obtained them, may enjoy the Contents thereof according to their form and tenour, and according to the former Ordinances.
An Extract out of the Register of the Court of Parliament.
VPon the Petition presented by the Prior and Consuls of this City of Roan; to the end that the Letters Pattens granted unto them in the moneth of December 1596. may be verified and approved of, and registred in the Registers of the Court, to enjoy the Contents thereof according to their form and tenour, by which the King hath confirmed unto them all the Contents of those Declarations, and Ordinances, which were made by his Predecessors in the moneth of March 1556. the 23. of October 563. the 29. of December 564. the 22. of February 566. and the 22. of August 586. together with the approving and acceptations thereof by the said Court, that they and their successours in the said Offices, may enjoy and use them, as they have done heretofore, and do still use at this present, [Page 141] and in the same form and manner altogether, as it is contained and Declared in the said Declarations, Orders, and Ordinances concerning the approbations thereof. The said Petition being seen by the Court, together with the Letters Pattents in form of a Declaration of King Henry the second in the moneth of March 1556. The Ordinance of the said Court ensuing upon the approbation thereof, on the 20. of July 563. other Letters Pattens of Charls the ninth of the 25. of October in the same year, and the 29. of December 564. An Ordinance ensued upon the approbation thereof, of the 30. of August 566. Other Letters Pattents of Declaration, of the 22. of February in the said year 66. An Ordinance of approbation of the 22. of March, other Letters Pattens in form of a Declaration, granted to the said Prior and Consuls, by King Henry of happy memory, lately deceased: In the moneth of August 586. upon the Ordinance ensued for the approbation of the said Letters Pattents of [Page 142] the 22. of the said Moneth, after the Conclusion of the Kings Atturney Generall. All being considered, the Court hath ordered, and doth order, that the said Lettets Pattens of confirmation of the moneth of December 596. shall be Registred in the Register of the said Court, That the Prior and the Consuls of the Merchants of this city of Roan, may enjoy the Contents thereof, according as it is contained in the former Ordinances.
Another Confirmation of the said Jurisdiction and Place of Merchants in Roan, and the approbation thereof in Parliament.
Desiring, in imitation, and after the example of the deceased Kings our predecessours, to shew our grace and favour unto our dear and welbeloved the Prior and the Consuls of the Merchants in our good City of Roan, and to maintain and protect them with all our might, in the Consulary Jurisdiction, which was granted unto them by our Predecessors, by many of their Letters Patents; confirmed also by the Letters-Patents of Charter of the moneth of December, of our most honoured Lord and Father, in the yeer 96. After which, many Judgements and Ordinances have ensued to their profit and advantage, that the said Jurisdiction might no ways, and in what manner soever, be altered or diminished to their prejudice.
For these causes, by the advice of our Councell, who have seen the said Letters-Patents, Judgements and Ordinances annexed hereunto. We, out of our speciall grace, full power, and Royall authority, have continued and [Page 144] confirmed, do continue and confirm unto the said Prior and Consuls of Merchants in the said City of Roan; granted, given and confirmed unto them by the said Letters-Patents and Ordinances, to be enjoyed and use made of by the said Petitioners, and by their Successours in the said Charges, fully and peaceably, according unto their said Letters Patents, Grants, Judgements and Ordinances, and in the same manner as they have well and rightly enjoyed and used them, and do still at this present make use thereof. Moreover, we do command our trustie and welbeloved keeping our Parliament in Roan, the Masters of Requests in Ordinary in our Common-hall, the keepers of the Seal of the Chancery, and those that keep the Requests in the Hall or Palace of the said place, the Bayliff of the said Roan, or his Lieutenant, and every one of them, as it shall concern them, to cause, suffer and permit the said petitioners and their successours in the said places, to enjoy, and peaceably, [Page 146] fully, and perpetually, to make use thereof in every point according to their form and tenour of these Letters Pattens of confirmation, and all the Contents as above, and so to cause our abovesaid Letters Patents, Declarations and Ordinances made thereupon, to be kept, observed, maintained, and put in execution, not permitting nor suffering the least trouble, disturbance, or hinderance to be done unto them to the contrary.
Which we do expresly forbid unto all persons upon 100. l. amercement, and upon all the charges, dammages, and interests; for such is our pleasure. And that it may be a sure and a permanent thing for ever, We have caused our Seal to be put unto these presents, save our own right in these, and the right of others in all things.
Given at Roan in the year of our Lord, 1617. and the eight year of our Reign.
Signed Lewis, and upon the Labell Visa, and Contentor: signed Thibaut with his subsignature. The said Letters [Page 147] being sealed with the great Seal of green wax, with red and green strings.
And Registred, the Kings Atturney Generall hearing, and assenting unto them, that they that have obtained them, may enjoy the Contents thereof according to the former Ordinances.
An Extract out of the Register of the Court of Parliament.
VPon the Petition presented by the Priors and Consuls, and the Atturney of Merchants of this City of Roan, to the end that the Letters Pattents in form of Charters given at Roan in the moneth of December last, may be verified and approved of, and Registred in the Registers of the [Page 147] Court: that they that have obtained them, may enjoy the Contents thereof, according to their form and tenour, the Court having seen the said Petition, the Letters Pattens by which the King) having seen at the Councell Table, many other Letters Pattens of the Kings his predecessors Charters, Judgements, and Ordinances ensued) hath continued and confirmed the jurisdiction of the said Prior and Consuls, that they and their successors in the said charges, may keep it, and exercise it, according and conforming to their said Letters: and even as they have heretofore well and rightly enjoyed them, and made use thereof, and do still at this present make use of the same.
The Letters Pattents in form of a Declaration of Henry the second of the moneth of March 1556. containing the Ordaining and establishing of the Jurisdiction of the said Prior and Consuls. The Ordinances of approbation thereof, in the said Court of the 20 of July 1563. Other Letters [Page 148] Pattents of Charles the ninth of the 13. of October, in the said year of the 29. of December 1564. The Ordinances upon the approbation thereof of the 30. of August, 1566. Other Letters of Declaration of the 22. of February in the said year, and an Ordinance of approbation, of the 22. of March. Other Letters Pattents in form of a Declaration of the moneth of August 1586. and another Ordinance ensued thereupon, of the 22. of the said moneth. Other Letters of King Henry the Great, of the moneth of December 1596. containing the confirmation of all the said Ordinances and Declarations. An Ordinance of the said Court of the 17. of August 1598. made upon the approving of the said Letters Pattents: The conclusion of the Kings Atturney Generall and the relation of the Deputy Councellour deputed by the Court. All these things being heard, the said Court with consent of the said Atturney Generall; Hath ordered and doth order, that the said Letters Pattents [Page 149] of the said moneth of December last past: shall be Registred in the Register thereof; that they, which have obtained them, may enjoy what is contained therein, according to the former Ordinances.
An Ordinance of his Majesties Privy Councell, containing a prohibition made unto the Clarks Audienciaries, and Controllers of the Chancery of Roan, to issue forth any Commission or Writ of appeal from those sentences given by the Prior and Consuls, that shall not exceed 250. l. upon nullity and no Validity thereof. And they are enjoyned to insert in the Commissions or Writs of appeal the Date of the said sentences, and the sums likewise from which the appeal is made.
An extract out of the Registers of the Kings Privy Councell.
VPon the Petition presented unto the King in his Privy Councell by the Prior and Consuls of Roan, to the end, that whereas by the establishing and institution of their Jurisdiction, in imitation, and after the manner of that of the Consuls of Paris: they have Authority to Judge without appeal, as far as 500. l. The Court of Parliament hath notwithstanding limited the said Authority unto 250. l. after the manner of presidiall Courts, which the said Petitioners have alwayes enjoyed, but within these few yeers, that Merchants seeing themselves condemned to pay any small sums as of 50. l. and of 100. crowns, or of 120. l. do appeal from their sentences, and addresse themselves to the Clarks of Chancery, which for the most part set not down the sums contained in the said sentences, [Page 151] nor the date thereof, which is the reason why the Petitioners, are commonly intimated and cited by the said appeals. That it may therefore please his Majestie to maintaine and uphold the Petitioners in the Authority they have to Judge without appeal as far as 500. l. and to order that such sentences as shall go beyond the said sum, may be put in execution, oppositions, or appeals whatsoever notwithstanding, according to the Contents thereof, and to prohibit all or any of the Clarks, Audienciaries and other Officers of the Chancery to signe, or cause to be sealed any Commission of appeal from the said sentences of the said Petitioners upon 200. l. amercement in their own private names, and which contain not the sums and the Date mentioned therein, and to enjoyn the Court of Parliament to take no notice of such appeals, but to send the parties back again presently, and to amerce those that shall appeal.
The said Petition being seen, the [Page 152] copie of the Declaration of the Ordaining of the Jurisdiction of the Consuls of Paris of the moneth of November, 1563. the copie of the Letters-Patents in form of a Declaration, containing the Institution of the Jurisdiction of the said Prior and Consuls, after the manner of that of Paris, of the 29 of December, 1564. the Ordinance of the Court of Parliament of Roan of the 30 of August, 1566. containing the approving of the said Declaration, upon that condition, That the said Consuls shall not take notice or judge of Causes, without appeal, beyond and further then the Judges of Presidiall Courts use to do. Other Letters-Patents containing an order and regulating of the said Consulary Jurisdiction of Paris, of the 20 of July, 1566. The Sentences given by the said Prior and Consuls of Roan: A copie of the Commission of Appeal from those Sentences, with the Warrants and Citations of the said Consuls before the Court of Parliament in Roan, to see the said Sentences [Page 153] corrected and amended: and other Papers annexed to the said Petition: And the Relation of the Counsellour deputed by the Court for that purpose being heard; the King in his Councell ordereth, That this Ordinance shall be put in execution, according to the Decree and Ordinance of the approving of the Parliament of Roan thereof; and so, that Sentences given by the said Prior and Consuls not exceeding 250 l. shall be put in execution, notwithstanding oppositions or appeals whatsoever, hath prohibited the Clerks, Audienciaries, and Controllers of the Chancery of Roan, to issue out any Commissions of Appeal from the said Sentences; and charged them to insert henceforwards in the said Commissions, the dates of the said Sentences, and the sums contained therein, with the penalty of the damages, and interests of the said parties, in their own private name, for their own particular, and of greater losse, if it falleth out so.
And this present Ordinance shall [Page 154] be read in the Chancery on a Seal-day, lest the Officers of the Chancery should pretend to be ignorant thereof. The Atturney-Generall of the said Court is charged to aid and assist the execution of the said Declaration, and of this present Ordinance.
We command, order, and expresly enjoyn you, to cause to be put in execution the Ordinance of our Councel here annexed under our counter-Seal, given this day upon the Petition presented unto us by our welbeloved the [Page 155] Prior and Consuls of our citie of Roan, in every point according to the form and tenour thereof; constraining, and causing to be constrained, in our Name, all such as shall suffer themselves to be constrained to do it, to suffer and obey it, by all due, right and just ways, oppositions or appellations whatsoever notwithstanding. We do likewise command the first of our welbeloved Counsellours and Masters of Requests in ordinary of our Hall, that shall be found in those places, or in any Audienciary of the Chancery of Roan, to cause the said Ordinance to be read and published in the Chancery on a Seal-day, that the Officers thereof may not plead ignoramus: charging to that effect our Atturney-Generall to aid and uphold the execution of the said Ordinance, and of the Declaration mentioned therein. We do moreover charge and command our first Pursuivant or Sergeant required thereof, to signifie our said Ordinance unto the said Officers of the Chancery, and to all others [Page 156] whom it shall concern, making unto them, in our name, the Inhibitions and Prohibitions contained therein: and for the full and entire execution of our said Ordinance, to serve all other Warrants and Acts requisite and necessary, without asking any leave or Pareatis to that purpose: For, such is our pleasure, notwithstanding any clamour of Haero Charter of Normandie, and Letters contrary unto it.
Read, published, registred in the Chancery of Roan, on a Seal day, before us, John Hallé Lord of Monflaines, his Majesties Counsellour of his Privie Councel, and of his Councell of State, and Master of Requests in Ordinary, of his Hall, [Page 157] that the Contents thereof may be kept according to their form and tenour.
An Extract out of the Register of the Court of Parliament.
VPon the Petition presented by the Prior, Consuls, and by the Atturney of the Merchants of the citie of Roan, to the end that the Ordinance of the Privie Councell, and the Letters-Patents given presently after it, of the 17 day of March last, may be registred in the Registers of the Court: That the contents thereof may be put in execution, according to their form and tenour: and to that end, to charge one of the Pursuivants to signifie them unto the Officers of the Chancery: and that the said Ordinance and Letters may be read, that they may not plead, Ignoramus.
The said Petition being seen by the Court, and the said Ordinance of the [Page 158] 17 of March, by which it was ordered, that the Declaration of the ordaining and establishing of the Jurisdiction of the said Prior and Consuls shall be put in execuiton, according to the Ordinance of the approbation of the said Court, and so, that Sentences and Judgements given by the said Prior and Consuls, not exceeding the sum of 205 l. shall be put in execution; oppositions or whatsoever notwithstanding. And inhibition is made to the Clerks, Audienciaries, and Controllers of the Chancery of Roan, to issue forth any Writs or Commissions of appeal from the said Sentences: and they are charged to insert henceforward in the said Writs of Appeal the date of the Sentences, and the sums contained in them, upon the penalty of damages and interests of the parties in their own private name, and for their own particular. And that the said Ordinance shall be read in the said Chancery on a Seal day, that the said Officers thereof may not plead, Ignoramus. The said Letters of March, of the 17 [Page 159] of March, given immediately after the said Ordinance: The conclusion of Kings Atturney-Generall, and the Commissioners being heard, the said Court hath granted an Act unto the said Prior, Consuls, and to the Atturney of Merchants: of the presentation of the said Letters, and of the Ordinance of the Councell. And hath ordered, that a copie thereof shall remain in the Registers Office of the said Court, that they may be taken into consideration, as it shall be meet.
Out of the Paper of the Articles of the Remonstrance made in the Assembly of the three Estates of Normandy sitting at Roan, the 16 of September, 1613. Together out of the Answers and Ordinances made thereupon, by the King at Paris the 22 of January [Page 160] next after following, 1614. was extracted the following Article.
The XXII. Article.
THe calling in of the Controlls of Titles, is demanded. All manner of persons are interessed in it, and more especially Merchants, for Bonds conceived to be made for Merchandize, which require a speedy dispatch, as well for forrain Merchandize, as for them that are transported from one Country into another; such unprofitable expences being needlesse in trading; underneath which Article the words are written. To the King. And that the Commissioners are agreed on. Moreover, Granted upon paying again what is disbursed. And in the Interim, the Kings intent is not, That the said Controls should be of any effect for the Bills of Exchange, and promises between Merchants.
Out of another paper of the Articles [Page 161] of the Remonstrances made in the Assembly of the three Estates of Normandy sitting at Roan the 18. day of September, 1614. together out of the Answer and Ordinance made thereupon, by his Majesty at Paris the 29. of January 1615. was extracted the 17. following Article.
The XVII. Article.
ALthough by the Answer given unto the Estates assembled the last year, your Majesty did grant us, That the Controule of Titres should be of no more effect, for Bills of Exchange, and promises between Merchants, because the freedome of traffick doth require that the strictnesse of formalities may not be so exact in such kinds of Agreements, as it must be in others. Neverthelesse upon a meere Request presented by Master Champage, Captain of Fointaine-belleau: pretending to have a Pattentee for the said Controuls; he hath obtained an Ordinance of the 24. of Aprill last, [Page 162] by which the Answer given to the said Estates is called in: and it is permitted unto the said Champagne, and to his Farmers, to get themselves paid for the Controule upon the said Bills of Exchange, and promises between Merchants. In case this should take effect, it were to make all Illusory, which was resolved in your Councell, upon the Just demands of your people: and the Answers also, which your Majesty was pleased to give them (which ought to be held holy, and kept inviolably) and to turn them into smoak. May it therefore please your Majesty to Order, That the Answer unto the Paper of the last year concerning Bills of Exchange, and promises between Merchants, be put in execution.
Vnderneath the which Article, these words are written, ‘ To the King, And the Commissioners are agreed upon it. Moreover, The Kings pleasure is, that his Answer given upon this matter, to the 22. Article of the Paper which the Petitioners presented unto [Page 163] him the last year, shall be put in execution.’
An Extract out of the Registers of the Court of Parliament.
THe Court hath seen the Letters Pattents given at Paris the 22. of January 1614, by which the King commandeth and doth order that the answer made by him the said day, unto the 22. Article of the Paper of the Remonstrances, those of the three Estates of the Country and Dutchy of Normandy, concerning the Controule of Titres, be put in execution, kept, and observed according to the forme and tenour thereof: the extract of the 22. Article containing the calling in the controule of Titres, demanded by the States abovesaid, with the Answer of the said Lord. That he granted the said Article upon repaying of the charges: and in the Interim that the intent of the said Lord our Soveraign is not, that the said Controule [Page 164] shall be of any effect for Bills of Exchange, and for promises between Merchants of another extract of the 17. Article of another Paper of the Remonstrances of the said States, answered by the King the 29. of January last concerning the former. The Kings Atturny Generall his conclusion, and the relation of the Councellour chosen Commissioner for that purpose, being heard. The said Court hath ordered with the consent of the Atturney Generall, and doth Order that the said Letters Patents, and the extracts of the said Articles of the Remonstrances of the said Estates shall be Registred in the Registers thereof: that the Contents of them may be put in execution, kept, and observed according to their form, and tenour.
Given at Roan in the said Court of Parliament the 24. day of November in the year, 1615.The Copies being compared with their Originall.
Ordinances and sentences given after the Ordinances and Declarations of the Jurisdiction of the Priour and Consuls of the Merchants at Roan.
IN the year of our Lord 1567. on Saturday the 26. of Aprill, the Court sitting: the Prior and the Consuls of Roan being afore us; when the Atturney of the Place, Exchange, and Jurisdiction of the Merchants in Roan, had caused to be cited James Du Fay Merchant, living is this City to be warned, that he might be amerced, by reason of removing and transferring of their Jurisdiction, because against the Kings Declaration, and the Ordinances of the Court; he had transferred this Jurisdiction, and pleaded afore the Sheriff of Roan, or before his Lieutenant, Jesse de Cauvigny Merchant in this City of Roan, upon the assignation, warning given in the roome of the said Cauvigny unto the said Du Fay, for the payment of 8. [Page 166] or ten barrils sold unto him by the said De Cauvigny, and since sold again by the said Du Fay, unto Master John Du Monstier, Advocate in the Sherivalty of this City, to shun the payment of the said barrils; the said Du Fay had declared unto the Kings Atturney Generall, in the said Sherivalty, the said citation and disagreement of the parties arising out of Merchandize between Merchant and Merchant, and according that same denounciation, and intimation, the Kings Atturney Generall, hath obtained an Injunction and Warrant of the said Sheriff, by vertue whereof he made a prohibition unto the said Jesse de Cauvigny to plead any where else, but before the said Sheriff: and he being cited to appear on the 23. day of this present moneth, before the said Sheriff, which was the day of the assignation given at the Instance of the said De Cauvigny to the said De Fay, at which day the 23. the Kings Atturny had obtained a default against the said De Cauvigny, in the said Sheriffs Court, [Page 167] and it was ordered that he should be forced by an habeas corpus, to appear to answer the demands and conclusions of the said Atturney Generall and moreover at the instance of the said Atturney Generall, was sent for and carried before the Worshipfull Laurence Puchot, Lord of Gerpon ville, and Sheriff of Roan, James Grenier his Majesties Sergeant in this City, for the citation made afore the said Prior and Consuls, and that the said Grenier was amerced 10. l. and committed to prison to close imprisonment, untill the full payment of the said sum, so that to shun the imprisonment of his person, he was constrained to lay the said amercement in the hands of Gosselin a Sergeant, as it appeareth by his bill of receipt, bearing the Date of the 23. of this Instant moneth and year, desiring that the said Du Fay should purge and cleer himself if he had not bought the said 8. Barrils, and since sold them again unto the said Du Monstier, and if he was not a Merchant trading and trafficking in [Page 168] Wines, and in Linnen cloaths and in other commodities, and if being in Maillotz street neer Renelle, upon the warning which the said Grenier gave him, at the instance of the said De Cauvigny, to appear before the said Prior and Consuls, and that upon this he, the said Du Fay, had desired and declared unto the said Grenier Sergeant, that he intended to plead before the said Sheriff, and not before the said Prior and Consuls, and that according to this, the said Grenier had made his relation thereof unto the said Du Fay. The Petition of the said, De Cauvigny, in the granting whereof we have taken and admitted of the oath of the said Du Fay, who hath said sworn, and affirmed, acknowledged, and confessed; that he had bought of the said De Cavigny, the said eight Barrills to sell again, and that they were by him sold again unto the said Du Monstier, of which oath and affirmation, a letter was granted unto the said Atturny of the Merchants, and the said Du Fay, according to his [Page 169] confession, and the advice of the Merchants there present; was condemned to pay for the said Barrils after the rate of 11. sols, 6. deniers a peece; there being deduced out of that a teston; which the said Cauvigny had received of the said Du Fay upon the said sum, and the said Du Fay was amerced an hundred sols tournois for removing of and transferring the Jurisdiction, appliable according to the Ordinance with a restitution as well unto the said Grenier Sergeant of the amercement, unto which he was condemned upon imprisonment of his body, by the said Sheriff, as even also to the Interests, as well of the said Grenier, as of the said De Cauvigny together with the charges of the said De Cauvigny, taxed to the sum of 40. sols six deniers fournois these present being comprehended, and the first Pursuivant or his Majesties Sergeant required thereof, is charged, and commanded to put these presents in execution. Given as above. Signed Hallé, a marke and his Subsignature.
[Page 170]In the year of our Lord 1567. next following after the Declaration, on Saturday 26. day of Aprill in the morning in the hall of the King our Lord and Soveraigne at Roan, before us Laurence Puchot Esquire Lord of Gerponuille, and Sheriff of Roan, according to our Order, and verball processe made by us unto Thomas Pouppart the Kings Sergeant in this City of Roan, to cause to appear in person, and to bring coram nobis, Jessé de Cauvigny a wine Merchant dwelling in Perchere street in Cooper this City, the said Poupart Sergeant hath presently brought before us the said De Cauvigny, to answer unto the Conclusions of the Kings Atturney Generall, and to be amerced, because he had required, and caused to be cited by James Grenier, the Kings Sergeant in the said Roan, one James du Fay, Taylor, living in Perchere street, to appear the next day after before the Prior and Consuls, to pay him for eight Barrils, which is a transferring of Jurisdiction [Page 171] against the Ordinance of the Court of Parliament, given between us and the said Prior and Consuls, so that by a sentence given by us on Wednesday last, the said Grenier was fined 10. l. and inhibition was made unto the said Du Fay, then present at the giving of Judgement, to answer and contest upon the same action before the Prior and Consuls, and moreover there was an injunction granted unto the Kings Atturney, to cause the said De Cauvigny to be warned to appear and to be amerced for the transferring of Jurisdiction; and since the said De Cauvigny was warned, he had appeared by his wife, which was many times enjoyned to cause her husband to appear, and yet had not regarded it, and in the Interim had still pursued the said Du Fay before the said Prior and Consuls, where this morning the said Du Fay having appeared before them, he was amerced one hundred sols, and condemned to restore the said 10. l. amercement, unto which the said Grenier was condemned by, the said [Page 172] Wednesday last, as the said Du Fay hath attested before us just now. The said De Cauvigny, being heard thereupon, who hath acknowledged, that he did require, and did cause the said citation to be made before the said Prior and Consuls for the aforesaid cause, but that he was not the Solicitor of the pursuit and sentence given by the said Prior and Consuls, against the said Du Fay, but that it was rather at the instance of the Atturney of the Exchange of the Merchants in the said Jurisdiction; the said De Cauvigny saying, moreover, that at the instance of the said Atturney, he was prohibited to appear and to answere before us in the said cause, as he did make it appear by the coppie of the said Warrant of inhibition, and by Mr. Jean de Laudassi the security, as being the most ancient Advocate in the absence of Kings Atturny Generall in this Court of the Sheriff. It was required, that notwithstanding the allegations; and Remonstrances of the said De Cauvigny, he might be [Page 173] condemned to 10. l. amercement for the transferring of Jurisdiction, and to the Jurisdiction of the amercement unto which the said Du Fay was amerced by the said Prior and Consuls: whereupon advice being taken of the assistants, it was said according unto it, that the said De Cauvigny, for the transferring of Jurisdiction, and for the contempt of Justice, should be amerced 10. l. and condemned to restore the sum of one hundred sols, and all to which the said Du Fay was condemned by the said Prior and Consuls, considering the inhibitions which were made unto him, speaking to his wife, for which amercement it was ordered that the said De Cauvigny should be kept close prisoner unto the full payment thereof, and to that end committed to the custody of the said Poupart Sergeant, from which the said De Cauvigny hath declared that he did appeal, notwithstanding the which appeal and without any prejudice unto it, We have ordered that he shall forthwith pay the said amercements [Page 174] from which the said De Cauvigny hath declared again, that he did appeal and did take us to parties, saying, that he had Letters to that purpose, which he had got in the Chancery of Roan, which he shewed; using these words, We shall meet with you well enough, with an incivill countenance, by reason whereof, and because the said De Cauvigny hath taken us to partie, by which he hath declared again that he did persist, we have ceased from taking any further notice of this cause, and forthwith required Master Robert Anfrye, as being the ancientest Advocate in this Court, after the said Landasse, to do us Justice for the said rude, and undecent words, considering that the said Landasse had presently concluded, in the name of the Kings Atturney, against the said De Cauvigny. Whereupon, in doing right upon the said Request, We the said Anffrye, in the quality aforesaid have taken and forced the said De Cauvigny to tell the truth upon his oath, who hath told us, that truely he had [Page 175] taken to party the said Gentleman the Sheriff, but that he had not used these words, We shall meet with you well enough: which fault being considered, and because it was witnessed unto us by Master William, Commissioner of the Register of this Court, That the said De Cauvigny had speaking unto the said Gentleman the Sheriff, We shall meet with you well enough; and that there were here many persons, which might have heard it. We have caused to come and to appear before us Master Geuffin Cavé, Claude Clavé, Nicholas Vaignon, and Jean Servain Atturnies deputed Commissioners in this Jurisdiction here present; which after a Solemn oath taken by them, to speak and bring the truth: Against whom the said De Cauvigny being thereupon asked, would not alledge any exception, and also, when he had purged them of all wonted objections: they have told us, witnessed, and related unanimously and with the same, and like deposition upon their oath, that they had heard just now, the said De Cauvigny, [Page 176] speaking unto his worship the Sheriff, when he had told him, that he took him to party, and that he had used these words, We shall meet with you well enough; being moved with anger, holding in his hands some Letters, which he did exhibit unto his Worship the Sheriff, using many undecent jests and postures: which relation, witnesses being considered, and moreover, because the said De Cavigny committed many insolences in this Court, in our presence, and even when it was attested unto us, by Master David Doublet Advocate: upon the asking of his advice, that the said De Cauvigny, had been sued in this Court for usury by one Du Thil by name; We have Ordered, according to the advice of the Assistants, that the said De Cauvigny, shall by reason of his deniall, forthwith lay down and depose the said amercements, and without any prejudice to his appeal, and that he shall be really and effectually imprisoned: and moreover, that it shall be extraordinarily proceeded against [...] [Page 177] shall be meet, whereof the said De Cauuigny obtained these Presents.
Of the 15 day, 1567, at Roan, in the Court of Parliament.
BEtween Jessé de Cauuigny Citizen Merchant, dwelling in this Citie of Roan, appealing from the Sheriff of the said place, or from his Lieutenant, and otherwise intimated, appearing by Master Peter Sirette his Atturney, [Page 178] of the one part, and James du Fay also Citizen Merchant living in the said Roan, intimated in the appeal of the said Cauvigny, and for his own part, appealing from the Prior and Consuls established for the Merchants in the said Citie, by M. John Morin his Atturney, of the other part: and also between the said Prior and Consuls, plaintiffs, by way of Petition, to that end, that Inhibitions may be made unto the said Sheriff of Roan, and to his Lieutenants, to take notice of causes and matters concerning Commerce and Traffick of Merchandise granted and given to the said Prior and Consuls, by the Kings Ordinances and Orders given thereupon; Pierre Lachers Merchant, and the Atturney of the said Merchants Jurisdiction of the said Prior and Consuls, being present, joyned with the said de Cauvigny, and by M. Richard le Fae their Atturney, of the one part: and the said Sheriff of Roan, Defendant against the Request of the said Prior and Consuls, asking and desiring the [Page 179] grant of another Request, tending to that end, that Inhibition may be made to the said Prior and Consuls to take upon them any other notice of matters, but that which was given them by the Ordinance of their ordaining and establishing, or to attempt any thing against the Order made by the King, and against the Ordinance of the Court ensued thereupon, by which they are prohibited to assume unto themselves the notice of those differences which are arisen and shall arise from Merchandises sold and bought for the publike necessities, and for the Kings subjects, though it be between Merchants; appearing by M. Peter Deshayes his Atturney, of the other part. The Court, the parties being heard, and the Sentences being read, which were given as well by the Sheriff or by his Lieutenant, as by the said Prior and Consuls, containing the Amercements of the one and of the other part, hath made the Appeal, and the matter thereof, void, without any Amercements or Charges: And [Page 180] for this cause, and for amending the Judgement, hath sent back, and doth send back the cause & matter betwixt the said Cauvigny and Du Fay, before the said Prior and Consuls, on the first day, that right may be done unto them, as it shall be meet: and hath taken off, and doth take of the Amercements in which the said Cauvigny and Du Fay, and the Sergeant also, were respectively amerced by the said Sheriff, Prior and Consuls; unto the restitution whereof, the receivers have been and shall be constrained, by all due and reasonable ways.
And these words were endorsed: The sum of ten pounds tournois, was given back again, and restored unto the said Grenier, by Master Nicholas Vaignon, Receiver of the Amercements in the Sherivalty of Roan. Which sum he was condemned to restore, by the Contents in the other part.
IN the yeer of our Lord, 1568, on Munday the 11 of October, in the Court, before us, John de Brevedent Esquire, Counsellour unto the King our Lord, and Lieutenant-Generall in the Bayliffs Court of Roan: between John Peter prisoner and plaintiff, desiring to be admitted into the Benefice of Cession of goods, appearing by Tiregorge his Atturney, on the one part; and the Worshipfull Stephen Dugard Merchant in this City of Roan, defendant against the said Cession, and withall Plaintiff, desiring to be sent back before the Prior and Consuls of this said Citie, appearing by le Mire his Atturney, of the other part. The parties being heard, the Bonds being read, and the Accounts brought in by the said Dugard and the Kings Atturney in the said Bailiffs Court, who hath said, that the imprisonment of the said Peter was by vertue of Bills of hand, and of Accounts acknowledged before the said Prior and Consuls; [Page 182] the most part whereof were made in the Citie of London: and the matter was between the parties about their Negotiations and Traffick, and the priviledges thereof: for that cause he intended not to hinder the said renewing. As for the said Peter, that he intended to withstand the removing of his Suit, because the question was onely about Cession of goods into which he pretended to be admitted; which was not under the notice and Jurisdiction of the said Prior and Consuls, We have ordered neverthelesse, that the said Dugard shall proceed afore us, and shall prohibite the said Petition of Cession of goods, from which the said le Mire, in the said name, hath appealed, which appealing he was commanded to take, and cause to be served in due time: whereof the said Peter obtained these Presents.
Of the 4 day of February, 1569. in the Court of Parliament at Roan.
BEtween Stephen Dugard, appealing from the Bailiff of Roan his Lieutenant, and anticipated, appearing by M. William Valdorg his Atturney, of the one part: and John Peter, prisoner in the prison of the Bayliwick of Roan, intimated and anticipating by Master Richard le Fae his Atturney, on the other part. The Court, the parties being heard, and the Kings Atturney-Generall likewise, say, That it was ill, and to no other effect judged by the said Bailiff of Roan, or by his Lieutenant: and well appealed by le Mire, and amending the said judgement. The said Court hath sent, and doth send back again the said parties, to appear eight days hence before the said Prior and Consuls of this City of Roan, to proceed in the matter, as it shall be meet.
An Extract out of the Register of the Jurisdiction of the Worshipfull the Prior and the Consuls of the Merchants of Roan, of what followeth.
VVHereas John Bourgovin Merchant, living at Orleans, obtaining of us Warrant, and the Kings Letters-Patents in form of Debites, he being present in his own person, hath caused to be warned Richard Pillon Merchant, living in Saint Christopher, neer Montfort in the Sherivalty of Pontanton, and Ponteaudemer within the Bayliwick of Roan, also present, to save or amend a default which the said Bourgovin had got against the said Pillon the 25 of December last, and to see himself condemned to pay him the sum of 25 l. tournois, for which he said [Page 185] that the said Pillon had remained debtour unto him upon some Accounts made by the said Pillon, between themselves upon a day past, for a certain quantity of Merchandise of Wines, which he had formerly sold and sent to the said Pillon: Since the which Accounts, he said that he had sent a Kilderkin of Wine, which he had promised to give him, upon the making of the said Accounts. The said Pillon considering the Allegation made, that it was for Merchandise sent, and that the said pretended Accounts were made in his house, he hath acknowledged it, and hath demanded to be sent back again afore his ordinary Judge, though he confessed himself to be a Merchant: which removing of the Suit was withstood and prohibited by the said Bourgovin, maintaining that he ought to proceed afore us, since the difference was about Merchandise between Merchants. Whereupon, advice being taken of many Merchants being then present, considering the quality and condition of [Page 186] Merchants of both the said parties, and that the said Pillon is residing within the Bailywick of this City of Roan, and seeing the Warrants and the Kings Letters Pattents in form of debitis, obtained by the said Bourgouin; We have denied the said removing of the suit, unto the said Pillon; which was demanded by him, and have said, that he was bound to answer before us in the said Action; from which the said Pillon hath declared that he did appeal, for which cause the said Parties have respectively chosen their lodgings. To wit, the said Pillon his own in the house of Master Heultes Atturney in the Court of Parliament, and the said Bourgouin at Master Charls Drovets Merchant, living in Saint Vincents Parish.
We give you to understand, that Richard Pillon appearing this day in the Register Office of our Court of Parliament, [Page 187] and appealing from the Prior and Consuls of this City of Roan, by Master Peter Heultes his Atturney, of the one part; and John Bourgouin Merchant, living for this present at Rambouillet present in person, and by Tulles Mare his Atturney, assisted by Master Jean Du Hamel his Councell, of the other part. It was appointed or ordered, when the Advocate and the Atturney of the said Pillon have declared that they found no valid cause, for which they should maintain the said appeal, and the consent of our Atturney Generall concurring with it; and the said parties appearing as before: that the said appeal was made voyd, by paying seventy five sols amercement; the sentence from which it is appealed, in date of the 13. day of December, 1570. shall take its effect, and shall be performed in every point, according to the form and tenour thereof, notwithstanding oppositions and appeals whatsoever: the said parties are sent back again before the Prior and Consuls, to proceede between [Page 188] themselves according to the said sentence, and as it shall be meet.
And moreover the said Pillon plaintiff in the appeal, is condemned to the charges of the cause, and action of appeal, the taxation thereof being reserved to our said Court. Moreover we do command the first Pursuivant of our Court, or any of the Kings Sergeants desired thereof to execute this present Ordinance, as much as it shall belong to him, and as his Office shall require, and as far as the said Bourgouin shall require of him fully and intirely according to the form and tenour thereof, We give him authority so to do: we command all our Justices, Officers, and Subjects to obey him in so doing. In witnesse whereof we have caused our seal to be put to these presents.
Given at Roan the 5. day of February in the year of our Lord 1573. and the thirteenth yeer of our Reign.
And upon the turning of the Labell these words are written. By the King.
Of the seventeenth day of Octob. 1573. at Roan in the Chamber appointed during the vacations.
BEtween Stephen du Venon, appealing from the Prior and Consuls established in this City of Roan, and anticipated, appearing by Master Martyn le Roy his Atturney of the one part, and Isabell le Noir Widdow of the deceased Peter Chevey in his life Merchant, and then living at Orleans, intimated and Anticipating, Francesse le Noir, being present, the widdow of the deceased Fremin des Fourneaux likewise a Merchant, and of Orleans, and by Master John Morin her Atturney of the other part, whereas De la Fay Lawyer for the said intimated and anticipating, hath required and demanded, that the plaintiff in the appeal should propose the causes or reasons of his appeal, or else that [Page 190] default might be granted unto him with such profit as the case doth require. Le Roy Atturney for the Plaintiff in the appeal, hath said, That as for the appeal, he would say nor conclude nothing about it, but that having consulted upon the matter, he had found by his Councell, that his appeal ought to be changed into an opposition, and that to this effect, and for that purpose he had set letters upon the seal, beseeching the Court to accept of his said letters, issued out by a Commission.
And it was said by the said La Fay, that the said Le Roy upon just reason will not plead for the said appeal, because he doth appeal without any grievance from which the appeal must result, because his bond was turned into a deed, judged by the Prior and Consuls, his causes of opposition only excepted, unto which he was to be received upon depositing and laying down the money due. Therefore he needed not any other Letters, but he ought rather to alleadge his reasons [Page 191] for his appeal, or else the appeal to be voyd, and the sentence confirmed with charges, and in case of opposition, that the parties should be sent back again before the Prior and the Consuls, before which he maintained that they ought to be sent back, since the question and difference was about Merchandises, and that he maketh no other acquittance to appear, but what is endorsed upon his bond. The said Le Roy insisting upon his Declaration saying, that he forbiddeth the sending back of the cause to the said Prior and Consuls, considering the remotenesse of the place of his habitation, and that he cannot be removed, and taken off from his ordinary Jurisdiction, before which he desired to be sent back to proceede in the opposition: in the discourse whereof he protested to make use of his acquaintances, and to tell and produce all his reasons, and causes of opposition.
When the Advocate and the Atturney of the Plaintiff in the appeal could not tell any valide cause, or [Page 192] reason to maintain it: the Court hath made it and doth make it voyd: hath ordered and doth order, that the thing from which it is appealed, shall take its full and entire effect; and hath condemned and doth condemn, the Plaintiff in the appeal, unto 100. sols, for the King, and to the charges towards the Intimated, and hath sent back, and doth send back, the parties on the first Court day, before the said Prior and Consuls of this City of Roan, to proceed upon the opposition as it shall be meet.
IN the year of our Lord 1577. the 12. day of November in the new-Castle, before us Francis Avisse Lord of Songeons Sheriff of the said place: Vpon the complaint made by Michael Herlenc prisoner in the prisons of this place; against Jean Bricquot the Kings Sergeant in the said City of Roan; [Page 193] because he had imprisoned the said Herlenc at the request of Graffard by name, a Merchant living in Roan, for the sum of 100. l. for one part, and of 27. l. ten sols, for another part: which he should say to be due unto the said Graffard by the said Herlenc, for the sale of wine: the said imprisonment made by vertue of a certain obligation acknowledged before the Prior and Consuls of the said place in Roan, the 25. of September last, unto which there was no attachment of the honourable the Bayliff of Caux, nor of us neither. Therefore he desired the said Warrant to be made voyde, and the said Herlenc to be delivered, and to be put out of the said prison, with the interest and charges. When we had heard the said Sergeant thereupon, who hath confessed, that he made the said imprisonment by vertue of the said Obligation, without any attachment; we have declared the said execution and Warrant voyde and annulled; and made an inhibition unto the said Sergeant, [Page 194] to make any more imprisonments of such persons resorting, and Ostagers of this Jurisdiction, without our attachment, or that of the honourable the Bayliff, upon the penalty of 100. l. amercement; and we do order for this present, that the said Herlenc shall be delivered out of the said prisons, and that the goods taken upon execution, by the said Sergeant, shall be restored by the said Sergeants, unto the said Herlenc, except the matter of his interests and charge, which to obtain, he shall (if he thinketh good) cause the said Graffard to come before us: unto which end a Warrant was granted to him; and the first Sergeant is commanded to put these presents in execution.
BEtween Peter Graffard Citizen of Roan, being joyned with him, the Atturney of the Prior and Consuls of this said City, and the Kings Atturney Generall, appealing from Master Francis Avisse, the Sheriff of the New-Castle, all appearing; to wit, the said Graffard, by Master Adrian le Tellier his Atturney, assisted with Master William Prin his Councell, of the one part, and the said Atturney of the Merchants by Master William le Fae his Atturney, assisted by Master Peter Cadyot his Councell likewise of the one part, and the said Avisse the Sheriff, intimated in the appeal, and taken to party, being present, and by Master Nicholas Guillot his Atturney, assisted by Master James Lermitte his Councell, of the other part. It was appointed with the consent of the said [Page 196] parties appearing, as above; that the said appeal, and that from which it was appealed, should be made voyd, and by reforming the Judgement and sentence, that the parties should be discharged of the suite without any charges or interests of either part; and it was ordered that the sentences of the said Prior and Consuls shall be put in execution according to the forme contained in the Ordinance of their Ordaining, and without being bound to take any attachments of the Judges of the places.
There being presented this day in our Court of Parliament, the Cause of Peter Allaine Citizen Merchant of Roan, appealing from Master John du Tot, Lieutenant to the Sheriff [Page 197] of Caudebec in the sea Court of Cany. The Atturney of the Prior and Consuls of the said Roan, being joyned with the said Allaine; likewise appealing from the said Du Tot: and the said Allaine requiring the grant of a request tending to the end that right may be done upon the principall, by judging the appeal, and to the said principall Plaintiff, by an execution for the sum of 29. crowns, two third parts of a crown, and seven sols six deniers; appearing by Master Nicholas du Quesnay, and Richard le Faé their Atturnies, of the one part; and Nicholas le Clerc intimated, and to the said principall opposing himself, and the said Du Tot also intimated, and taken to party in his own particular name, and defendants against the said request, by Master William Hallé, and Robert Arondell their Atturney, of the other. Prin for the Plaintiffs in the appeal hath said, that their appeal resulteth and proceedeth from a manifest errour in case of right, committed by the said Du Tot Lieutenant; and the [Page 198] said Plaintiffs in the appeal are not willing that this cause should be pleaded in a publike Audience: he hath offered an expedient out of the Court without suing, to make the appeal; and that from which it is appealed, voyd; and by the deciding the principall, that the said Clerc, and Du Tot, might be condemned to the payment of 29. crowns, two thirds of a crown, seven sols six deniers, for the which sum the said Allaine had required and caused execution to be made upon the taking of many dead and alive Mamps; which goods the said Du Tot had abusively caused to be put again into the possession of the said Le Clerc: the said Du Tot Judge a quo, pretending that the said Allaine had no Authority to cause the sentence to be given by the said Prior and Consuls upon the recognisance or acknowledgement of the bill of the hand, and of the bond of the said Le Clerc, containing the said 29. crowns, two thirds of a crown, and 7. sols 6. deniers, to be put in execution, except he had obtained [Page 199] of the said Sheriff De Caudebec, or of him Du Tot his Lieutenant an attachment to that effect; which is an errour in the fact and in Law, because it is manifest Notorietate facti permanenti. That the Warrants, Sentences, and Judgements of the said Prior and Consuls are to be put in execution within all the Precincts of this Jurisdiction, without asking of the Ordinary Judges of any of the places, any placet, leave or attachments for that purpose, by the means of which errour, upon which the sentence and Ordinance of the said Du Tot Lieutenant, is grounded: the said Allaine would be like to lose his said debt: the said Clerc having been put again into the possession of his goods, taken upon the execution, which he hath since alienated, and so became insoluable; by the means whereof by the said expedient, the said Du Tot and Le Clerc should be condemned in solidum, to pay unto the said Allaine the said sum with charges and interests; which expedient was accepted of by the said [Page 200] Le Clerc, and not by the said Du Tot, and therefore the said Prin would propose and alleadge his causes of appeal, and so conclude upon the principall. Whereupon Isnel for the said Le Clerc hath said, That he did persist in the Declaration made by him (out of the Court) that he accepted of the said expedient, and by Du Vinier the elder for the said Du Tot: that for his own part he would not (and for a just cause) accept of that expedient for his particular, because it would not be reasonable, that he, the said Du Tot, who is a Judge, being no wayes interessed in the cause, should be condemned in solidum, to pay the said sum, for the said Le Clerc, yet neverthelesse that the said Du Tot, would willingly upon a sentence against him, the execution whereof should be forborn and stayed, untill sufficient enquiry was made upon the said Le Clerc, and untill he be found and declared insoluable; and moreover to do more then he is bound to do, he would yeeld unto half the charges of the [Page 201] cause of appeal; which he maintaineth to be more then reasonable, because he is greatly to be excused, as having not ever known or heard, that there had been any Ordinances or other Letters Pattents or Ordinances of Parliament, which had declared the Prior and Consuls more priviledged, than the ordinary Judges, whose Warrants, Sentences, and Judgements, cannot be put in execution beyond their Precincts and Jurisdictions, without obtaining to that purpose attachments of the ordinary Judges, within the Precincts of whom they will require, and cause the execution thereof to be served by those means he hath concluded to the ends of an absolution, and that he might be freed, in case the said Allaine would not accept of his profer, and it was said and maintained by the said Prin, for the said Allaine, that the said Du Tot is altogether inexcusable, having erred in matter of fact and of Law, In facto & in Jure, and by consequence made the cause his own; the said [Page 202] Prin persisting to maintain, that the said Du Tot is to be condemned in solidum, and in body with the said Clerc; Factus non solvendo, who is made insolvable; against whom the said Allaine hath no more means to get himself to be paid, by reason of the deed and fault of the said Du Tot, concluding to these ends, and asking charges and the interests.
And it was said by our Atturney-Generall, that the opposition made by the said Clerc, upon whom the execution was served, grounding his opposition upon the fault of not having got an Attachment. That the Sentences of the Prior and Consuls are to be put in execution within all Precincts of this Jurisdiction, without any Pareatis or Attachment. And the cause upon the said opposition being presented before the said Du Tot Lieutenant, he hath under that colour, malè consultus, being ill advised, made the execution void, and restored the said party whose goods were executed into the possession thereof; who, as the plaintiff in [Page 203] the appeal, doth plead, Factus est non solvendo, is made unable to pay, unsolvable; in which the said Du Tot hath too grosly erred, and fecit litem suam, made the suit and cause his own. Therefore the said Atturney-Generall adhereth unto the plea, to the ends and conclusions of the said Plaintiffs in the appeal. We give therefore to understand, that our said Court by its Ordinance and Judgement, the parties being heard, together with our Atturney-Generall, hath made and doth make the said appeal, and that likewise from which it is appealed, void; and amercing the Judge, hath ordered and doth order, that within sixteen days, for all prefixions and delays, the said le Clerc who opposeth it, shall be bound to bring forth the goods taken of him upon execution; and that he shall be constrained to do it, by all due and reasonable means, even by the imprisonment of his person: and in case of a refusall, or of a delay in doing of it, our said Court hath from this very present time, condemned and [Page 104] doth condemn the said Du Tot, in his own particular name subsidiarily, in case of not bringing for the said goods, to pay unto the said Allaine the sum for which the execution, which is now in debate, was desired by the said Allaine, and the said Clerc Debtor and Defendant, to the charges for the said Allaine, unto the day of the Declaration made by him, That he assented unto the way and expedient offered unto him by the Plaintiff in the appeal, to the other charges since the said Declaration to this present time, for the said Allaine, save in all the recourse and recompence of the said Du Tot, against the said Clerc, which our Court hath ordered at this very present, condemned by body to the said recourse concerning the principall sum; and moreover hath condemned the said le Clerc to the charges of the said Du Tot. Besides, we do command the first Pursuivant of our Court, or any of the Kings Sergeants, required thereof, to put this present Decree in execution, so far as it shall concern [Page 295] him to do, and as far as he shall be required to do by the said Allain duely and fully, according to the form and tenour thereof; constraining all whom it shall concern to obey him, and which shall cause themselves to be constrained, by all due and reasonable ways: we give him authority and commission so to do. We charge and command all our Justices, Officers and Subjects to obey him in so doing.
IN the yeer of our Lord 1593. on Saturday the 27 day of March, the Court then sitting, being afore us John le Doux Esquire, Counsellour unto the King, Lieutenant-Generall Civill in [Page 206] the Bayliwick of Roan, between the Worshipfull M. James Febvrier Counsellour and creditour unto the children under age and heirs of the Worshipfull Bartholomew le Cuilier, plaintiff, and appearing by Richer his Atturney, of the one part; and the Worshipfull Claudius le Cuiller Tutour of the said under-aged, cited to declare unto the said worshipfull Febvrier, if he had not received, or caused to be sold, or otherwise, to be put to profit for the said under-aged, the number of 260 Barrells and a half, of Salt Callais measure, belonging unto the said under-aged, and put them into the hands of John Gryniers son of the deceased Charles Gryniers, in the said Callais, according to the said John Gryniers Letter and Accounts sent from 13 day of June, 1587. or else to declare in whose hands the said Salt was yet at this present, upon protestation made by the said the Worshipfull Febvrier: in case of the negligence of the said le Cuillier Tutour, in putting the said Salt to profit, and of leaving it so long a space of [Page 207] time; and seeing that the Traffick was free with them at Deepes, by the means whereof, it was easie to put it off and to sell it: That the said prices and valuation of the said Salt, must be laid upon the said Cuillier; and that in case any losse thereof doth chance to happen, it shal be at the perils and interests of the said Cuillers his brother, and security for the said Claudius; the said Claudius Cuiller Tutour and Defendant, appearing by his eldest son, and by le Pueu his Atturney, of the other part. When the said Cuillers had persisted to demand that the cause should be sent back, as he did demand it yesterday, and protested that the summoning made by the said Febvrier was of no validity, it was said, That the parties shall be and are sent back again to the said place on Munday next, to proceed upon the said summoning, as it shall be meet.
BEtween Anthonie Solenne, calling himself the Deputy-Commissary unto the Treasurer-generall of the States of Flanders, plaintiff, by a request of the 30 of August last, tending to an Order for a Judge, by reason of the contention about Jurisdiction, between the Bayliff of Roan, or his Lieutenant, and the Prior and Consuls of this said City, and in chief also plaintiff for a Decree and a Distrein, in the hands of Nicholas Bailleul Citizen of the said Roan, upon the sum of 200 Crowns consigned into his hands by Giles Fouan, to receive payment by the said Solenne of a great deal of money due unto him, by Daniel Loyseleur, for the remainder upon accounts, appearring by M. Thierre des Marestz his Atturney, of the one part; and the said Giles Fouon a Fleming, Merchant here, by benefice of Inventory by his wife; [Page 209] of the said Loyseur present in person, and by M. Nicholas le Cerf his Atturney, on the other part. Deschamps being heard for the said Solenne, and Chrestien for the said Fouan, the Court hath changed and doth change the said Ordinance into action; and that right may be done upon it, hath sent back and doth send back the parties before the Prior and Consuls of Roan: and inhibition is made unto the said parties to treat elsewhere, upon the penalty of nullity of their proceedings, the charges being reserved: and hath in the interim ordered and doth order, that the said Fouan shall have a mainprise of the money stayed, upon giving security for the said summe of 200 Crowns.
To the Lords of the Parliament. The humble Petition of Francis le Teinteurier Citizen of Roan, Prisoner in the Court.
THat your Petitioner was arrested on Tuesday the 9 of this instant moneth, according to the Extract of his imprisonment annexed hereunto, at the suit of Nicholas Larcanier Tutor in chief unto the children of Nicholas Godin, in his life Citizen of Roan, which are yet under age, for the sum of eleven hundred threescore and five pounds tournois, according, and for the causes contained in the said Extract, for and in the name of the said children under age of the said deceased Godin; although the said Godin doth but represent any particular person, for buying the Petitioners debt at a rate more than just by half, as the Court shall know, by the Bills of hand and Cedulles inserted into the accounts, by vertue of which he was made prisoner: [Page 211] yet neverthelesse the said Petitioner to prevent the detaining of his person in prison, hath offered and doth offer unto the said Larcanier, all and as much yeerly means as he can possesse, which consisteth but in 50 l. per annum, untill the end of his payment, having no ways to satisfie the debt: and moreover, that he hath a charge of two children upon his hands. For these causes, may it please you, my Lords, that the Petitioner may be enlarged and let out of prison, with making over unto the said Larcanier a Letter of an Atturney of the said 50 l. per an. or else to see himself received and admitted to the Benefice of Cession of goods; and to that end, to grant and give Warrant unto the said Petitioner, to call within few days the said Larcanier before this Court, and you shall do well.
And underneath the said Petition, the following Ordinance is written.
Let the Petitioner have his recourse before [Page 212] the Prior and Consuls, that right may be done to him, as it shall be meet.
Given at Roan in the Parliament, the 11 day of April, 1619.
And lower: The 12 day of the said moneth, and yeer, at the request and petition of the said le Teinteur aforenamed; and by vertue of the present Petition and Ordinance, I have cited the said Larcanier here also named, speaking to him in his own person, in the place of his habitation at Roan, to appear to morrow morning, before the Worshipfull Prior and the Consuls of the Merchants of Roan, to be heard upon the ends of these presents.
Of the 10. of Aprill 1619. in the Chamber of the Edict in the Parliament at Roan.
BEtween William de Hammerville Merchant, Citizen of Roan, creditor unto Peter de Namps, Plaintiff by [Page 213] a request presented by him unto the Court the 11. day of December last: That, by reason of the appeal from the 100. sols amercement Judged, and given against him by the Prior and Consuls the 10. day of December 1618 for the pretended transferring and removing of Jurisdiction and of the contention of Jurisdiction between the said Prior and Consuls of Merchants in the said Roan; and the Sheriff of the said place, for keeping a day for accompts of the money raised out of the sale of the moveables and Marchandises of the said de Namps distrained at the request of the said Hammer-ville; by vertue of a sentence of the said Prior, and Consuls; There was a Warrant was granted to him, to cite all the creditors of the said De Namps opposing themselvs to the said making of accompts, to be ordered concerning Judges. The said De Hammerville appearing in person, and by Master Anthony Clovet his Atturney of the one part, Peter le Roux, Jean le Court the younger, and Charles Coasture also creditors [Page 214] unto the said de Namps opposing themselves about the said money cited upon the said Request, and the defendants appearing, to wit, the said Le Court, and Consture by Master James de la Ruelle: and the said le Roux, by Mr. James Baillard their Atturnies of the other part; in the presence of the said Prior and Consuls of the Merchants of the said Roan, having presented themselves in the cause, to demand the sending back thereof into their Jurisdiction, appearing by Mr. Ambrose Marc, their Atturney of the other part: the Court sitting in the Chamber of the Edict; the parties being heard, and also the Kings Atturney Generall, hath made and doth make voyd the appeal and the Contents thereof, and amending and redressing the Judgement and sentence, hath discharged and doth discharge the said de Hammerville, of the amercement made by the said sentence; and doing right upon the said Warrant, hath sent back and doth send back the parties before the said Prior and Consuls, to [Page 215] be proceeded between them as it shall be meet and fit.
An Extract out of the Registers of the Court of Parliament.
VPon the Petition presented by the Prior and the Consuls of this City of Roan: tending to the end, that it may be permitted unto them to put in Print aswell the Declaration, and Ordinance of the ordaining and establishing of their Jurisdiction and of a Common place for Merchants in this said City, of the moneth of March 1556. as also an Ordinance of the Court made upon the approving of the said Declaration; an Ordinance, and other Letters Pattents, Ordinances and Declarations of the enlargement of the said Jurisdiction, Ordinances, and Orders made afterwards thereupon, that in time hereafter, there may be nothing undertaken to the prejudice of the [Page 216] said Jurisdiction under pretext of being ignorant thereof.
The Court having seen, and perused this Petition, the Coppies of the said Declarations, Letters Pattents, Ordinances and Orders, the Conclusion of the Kings Atturney Generall, and the Councellor deputed for that purpose being heard; hath with the consent of the said Atturney Generall, permitted and doth permit unto the said Prior and Consuls to put in Print the said Declarations, Letters Pattents, Ordinances, and Orders, to serve and to be availeable unto them, as it shall concern them.
Printed according to Order.
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