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 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 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 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 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 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 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 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 And all delayes are left by the King to the discretion of the said Prior and Consuls
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 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 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 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 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 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 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 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 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
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 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 CHarles by the Grace of God King of France to all them that shall see these presents Greeting We give you to understand that Richard Pillon appearing this day in the Register Office of our Court of Parliament 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 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 Signed De Boisleuesque with his Subsignature sealed with a double Label with the seal of yellow Wax 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 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 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 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 Given as above The Copies being compared with the Originall Signed De Boisleuesque with his Subsignature 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 because he had imprisoned the said Herlenc at the request of Graffard by name a Merchant living in
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 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 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 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 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 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 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 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 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 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 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 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 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 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
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 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 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 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 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 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 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 Articles of the Kings
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 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 Given as above the Copie being examined with the Original Signed de Boisleuesque with his Subsignature 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 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. 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 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 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 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
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 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 Given at Roan in the said Court of Parliament the 14. day of August in the year 1618. The Coppy being compared with their Originals Signed Culson with his Subsignature 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 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 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 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 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 Given in his Majesties Privie Councell sitting in Paris the 17 day of March 1618. The copies being compared with their Originall Signed de la Grange with his Subsignature and Signet LEwis by the grace of God King of France and of Navar To all our Trustie and Welbeloved the Counsellours keeping our Court of Parliament in Roan Greeting 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 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
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 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 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 Given as above Signed de Boisleuesque with his Subsignature 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 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 Given as above Signed Varin with his Subsignature 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 Given as above The Copies are compared with the Original Signed de Boisleuesque with his Subsignature 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 Wednesday the 13 of Decemb. 1570. 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 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
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 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 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 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 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 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 Given at Roan in our said Court of Parliament the 17 day of March in the yeer of the Lord 1593. and the 5 yeer of our Reign Signed by the Court de Lintot with his Subsignature and sealed upon a double Label with yellow Wax with a little counter-Seal of yellow Wax 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 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 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
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 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 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 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 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 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 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