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A89190 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. Mitton, Peter, translator. 1645 (1645) Wing M2295; Thomason E1159_1; ESTC R210084 65,536 216

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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 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 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 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 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 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 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 Given at Roan in the Court of Parliament the 20 of July 1563. signed by De Goismare 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 last day but one of July 1563. In witnesse whereof I have hereunto set my hand and subsignature Lewis Marc. 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 CHarles by the Grace of God King of France c. To all our Messengers and Sergeants whom it shall concern Greeting 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 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
which Heirs the debts owing by their Predecessors being proved and they submitting themselves again by new Obligations to the rigor of the 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 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 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 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 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