declared in y e Catechisme and also to exhorte all straungers newe commers to come fyrste and present them selues vnto the churche to be instructed yf nede shal be and consequently that none approcheto his coÌ„dempnacion ⧠Of Mariage AFter the declaration of the banes accustomed the Mariages to be made when the party shall require it as well on the sondaye as working dayes so that it be done at the beginning of the sermon And as concerning the abstynence of the same it shal be good that onely vpon the day of the celebration of the supper they absteyne for the honour of the same sacrament Item it shal be good to bring in and vse ecclesiasticall songes or psalmes y e better to stirre y e people vnto praier and praise god Item first they shall teache their litle children and so in the proces of time all the church may folowe Touching debate in causes matrimonialls for that it is not onelye a spirituall cause but medled with the ciuile order the same to remayne to the Seniorie neuertheles we are determyned to leaue to the consistorye the charge to heare the partyes and so to make reporte of ther aduyse vnto the counsell therin to geue Iudgement so that good ordinances may be from henceforthe made and folowed accordingly Of burying ITem that they doe burie honestly the deade in the place appointed And as concerning y e traine or company we leaue it to y e discressioÌ„ of euery one Item we haue moreouer ordeyned and determyned that the porters appoynted to bury eshalbe sworne vnto the Seniorye to put awaye all supersticions that are contrary to y e worde of god not beare them by nighte and also if anye be deade sodeinly to make reporte therof to the ende to auoide al inconueniencyes which may folowe therof Item that after their death not to beare them to theyr burying before twelue howers nor to kepe them aboue fower and twenty howers Of the visitacyon of the sicke BEcause that many be negligent to comforte them selues in god by his worde when they be in extremity of sickenes wherof it happeneth ofteÌ„ tymes that many dye without admonicion or doctrine the whiche at that tyme is most nedefull of all times for this cause we haue ordeyned and determyned that none shall tarye three dayes in their bedde or â—icke but that it be made knowen to the mynisters and that euery one shal be aduertised to call y e mynisters whensoeuer they wyl haue them at a coÌ„uenient houer they not to with drawe them selues froÌ„ their office in y e whiche they serue in common to the churche and to put awaye all excuses we haue determined that the same shal be published moreouer to be geuen commaundement by proclamacion y t the parents frendes and kepers shal not tarie vntyll the person be redye to yelde vp y e spirite for in such extremitie the consolacion serueth to smale purpose for the most part The order which ought to be kept for litell children THat all cytezens and inhabitauntes shall bring or sende their children on the sondaye at twelue of the clocke to the Cathechisme which hath bene spoken of here before Item there shal be a certaine forme or maner composed in the which they shal be instructed and they shal be demanded and apposed in the same doctryne whyche they haue before learned to see if they haue wel vnderstanded and kept it When a childe shal be sufficiently instructed and haue passed his cathechisme then he shall recite solempnely the suÌ„me of that whyche is therin conteyned and also shall make as it weare a confession of his christianity in the presence of the churche Item before this be done that no childe be suffered to receyue the supper of the lorde and that the parents be aduertysed not to brynge them before that time for it is a thinge most perelous as well for the chyldren as the parents to enter into it withoute good and sufficient instruction for y t which it is necessari to vse this order To y e ende that there be no defaute it is ordeined that the children which goe to schole shall come to gether before none y t the maisters doe bryng them in good order in euery paryshe The others that their parents doe bringe or send them And to the ende to auoyde all confusyon they shall obserue as much as may be the distinctioÌ„ of the parishes in y e case as hath ben said before of y e sacrameÌ„ts Item that those whyche shal be by force constrayned to come shal be called before the Seniors elders or coÌ„myssioners and yf they wyll not be persuaded by good counsell y e reporte shal be made to the Seniorye Also to take hede to suche whether they doe their duety or not and that the commyssioners haue an eye vnto them to take order accordingly Of the visitacion of the prisoners MOreouer we haue ordeyned a certeyne day in the weeke in the whyche shal be made certeyne consolacions to the prisoners for to admonishe and exhorte them that there be one of the Seniors of y e counsell deputed to be there assistent to the ende there be no fraude committed and if there be anye appointed to dye by the determynacion of the couÌ„sell it shal be necessarye to call some certayne mynyster to comforte the person as nede shall require for wheÌ„ they tarye vntyll suche tyme as they leade them to the death they be often tymes so occupied with horrour that they be not apte to receyue or vnderstand anye consolacion and this daye is ordeined the satterday after diner ⧠Of the order which ought to be kepte towardes the growen persons for to obserue good order in the churche THe commissyoners aforesayd shall gather them selues together once a weeke with the mynisters whiche shal be on the thursdaye to see if there be any disorder in the churche and to talke together for the remedye therof wheÌ„ how as shal be most couenient Because they haue no auctoritie or Iurisdiction to compell or to constrayne anie we haue aduised to geue them one of oure offycers to call any of those persons before theim vnto whom they wyll geue admonycion If anye by contempte refuse to appeare theyr offyce shal be to aduertise the counsell therof to the ende to geue order therin ⧠Here foloweth the persons whom the elders or commyssyoners oughte to admonyshe and howe they oughte to procede IF there be anye whych teacheth strauÌ„ge or false opinions agaynst y e doctrine receyued that he be called to conferre with them And if he be coÌ„formable they shall suffer hym to departe withoute defame or slaunder if he be obstinate yet they shall admonyshe him certayne tymes vntill they see that greter seueriite be nedefull and then to forbid him the communioÌ„ letting it be knowen to y e magistrate If anie be negligent in comming to churche so that there be perceyued in him a notable contempte of the
your honour and all good readers to beare with the plaine and simple rudenesse thereof and for myne excuse to vnderstonde that I considered these to be lawes and rules of lyfe and religion in expressinge whereof I had rather be to curiously faithfull then any thinge neglygently or vntrulye fine I haue giuen it worde for word rather folowing somtime y e Frenche prase to muche then at anye tyme venturynge to presume or take to my selfe a iudgement that I attayned the sence of the worcke yf I should swarue from the wordes My laboure I beseche youre honoure to accepte in good parte as I wyll not fayle to continewe in prayer to God for the continuaunce and encreace of your godlye zeale and Christian affection Your honours moste humble to commaunde Robert Fills A table to finde the principall pointes in this present booke THE order of the offices instituted by god for the gouernement of his churche fol. 1. To whoÌ„ the institutioÌ„ perteineth 2. The forme of y e oth of y e ministers 3. The number places and tyme of the sermons 6. The office of the preachers 7. The office of the elders appointed by the Seniorie in the consistorie 8. Of the deacons and their offices 9. Of Sacramentes 11. Of the Supper 12. Of Mariages 12. Of Buriyng 13. Of the visitation of the sicke 13. The orders which ought to be kepte towardes lytle children 14. Of the visitation of y e prisoners 15. The order towarde the aged 15. The parsons whiche the officers or Commissioners in coÌ„sistorie ought to admonishe 16. The visitation of y e ministers in parishes or villages perteynynge to the citie of Geneua 17. The maner of their visitation 18. Of the election of Seniours or lords called Sendicques and of the othe of the lower counsell 19. Of the election of y e smale couÌ„sel 21. The forme of their othe 22. The election of the Treasurer 23. The election of the Secretaries 23. The forme of their othe 23. The counsell of y e two hundred 24. The auditours of the accompts 24. The forme of their othe 24. The controler the maister of the money the maister of the ordinauÌ„ce 25 Of the procurour generall 25. The forme of his othe 25. Of the Captaine generall 26. Of perticulers 26. Of Banderettes 26. Of their Lieutenaunts 26. Of Dizeners 26. Of their othe 26. Of y e geolyer forme of his oth 27. Of the Saoultier 27. Of the Haroldes 27. Of the waiters 28. Of the kepers of towers and the Porters 28. Of the Notaries 28. The forme of their othe 28. The office charge and authoritie of the lordes Sendicques 30. The office of the fyrst in especial 31. The office of the thre other Sendicques that whiche two of them may doe 31. That whiche one of them alone may doe 32. Of matters criminalls 32. The office charge and dutye of the counsell 33. For what cause thei ought to cal the counsell 35. The office of the Treasurer 35. The office of the Secretaries 36. The office of the Captaines Bande retts and Dizeners 38. The Auditours of accompts 39. The office of the Controler 40. The office of the maister of the artillerie 41. Of the office of the Procurour generall 42. Of the office of the Saoultier 44. Of the office of the Porters and kepers of the towers 45. The watches of the two steples 46. The courte of the Senior lieutenant and adiutors 46. The forme of their othe 48. The place of the Assistaunce 48. Of the two Secretaries of the Lieutenauntes courte 48. The forme of their othe 49. The office of the Lieutenaunte and the order of the courte 49. Of y e penaltie of theÌ„ y t be absent 50. Of the summoning for appearaunce in ciuill causes 50. For default of appearaunce 50. The summoning of y e witnesses 52. Of pleding 52. Of the procedings and termes of delaye 53. Of causes aboue a crowne 53. In causes of exceptions 54. Of termes appoynted to heare the right 55. Of the longest terme that the processe ought to endure 55. Of the two Feries 55. Of causes extraordinarie 56 Of relation of the Iudges in the proceding as in sentence definitiue 57. The causes excusable 57. The taxe of the reward of the Lieutenant and his assistaunce 57. The taxes for the Secretaries 59. The taxes for the Sergeantes 60. Howe the Lieutenaunt ought to gouerne him selfe in matters of imprisonment 60. The order which he ought to kepe in proces criminall 61. Of emolumentes and exactions of seales the vsaunce gouernement and garde of the same 62. The taxe emoluments which they ought to take of the thre seales 62. The seale to seale pupill goods 66. Fyue proclamations conteynynge most necessarie ordinaunces and statutes 67. The first proclamation 67. The seconde proclamation 69. The thirde proclamation 74. The fourth proclamation 76. The fyfte proclamation 79. The valuation of their coyne 87. FINIS Here folovveth the ACTES AND STATVTES OF the Citie of Geneua IN the name of the most mightie God we Syndicques with the great and smale counsell of Geneua with oure people assembled by the souÌ„de of trompett and the great bell folowing oure auÌ„cient customes hauing considered y t it is a thinge worthy of commendation aboue all other that the doctrine of the holy gospell of oure lord god be conserued well in puritie and y e christian church mainteyned accordingly also that yougth in tyme to come be well and faithfully enstructed and y e hospitall ordered in good estate for the sustentacion of the poore the which cannot be excepte there be established a certaine rule manner to lyue by the whiche euery state may vnderstand the duety of his office For this cause it semed good to vs that the spiritual gouernement such as god hath shewed vnto vs and instituted by his worde be brought in to good forme to haue place and to be obserued amonge vs and we haue ordeyned and established to folowe and kepe in oure towne and territorye y e ecclesiasticall pollicy folowing which is taken oute of the gospell of Iesus Christ First of all there are fower orders of officers which oure lorde hath instytuted for the gouernement of hys churche that is to saye pastors doctors elders other wise named coÌ„missioners for the Seniorie and fourthly Decons If we will haue a churche well ordered and kept in y e purytie we must obserue this forme of gouernement As concerning pastors whiche the scripture nameth some times watche men and sometyme ministers theyr offices are to declare y e worde of god to teache to admonyshe to exhorte to reproue as wel publikly as priuatly to minister Sacraments to doe brotherly correcâ—yon with the elders or Commissyoners Nowe to the ende that nothinge be done confusedly in the churche no maÌ„ ought to thrust him selfe into this office withoute lawfull callyng in the which there are to be considered three thinges that is to saye examinacion whiche is principall afterwarde to
meete sufficient in forme folowing ¶ The othe of the smale counsell WE promise and swere before god betwene the handes of the Seniory to chose and name into the office of Sendiques those which we knowe to be meete and sufficient for the maintenance of the honour of god and the christiā religiō in this towne to guide gouerne the people in good order and pollicye to conserue the liberties of the towne and in chosinge them we shall haue oure respecte to y e publicke welth and not to particuler affectiōs neither for fauour nor hate as god is oure wytnes of thys promyse and shal be Iudge therin yf we doe the contrarye After that done euery one by order shall name foure cittezens before the Sendiques and y e Secretaires shal be there present to wryte those that shal be named The frydaye folowinge they shall holde the counsell of the two hūdred and after exhortaciō praier made the forme of their othe shal be recyted all presently holding vp their hands Also they shal declare eight of those whych haue bene named in the election of the smale counsell that is to saye those which had the most voices and vpon the same let them make the election of eyghte or of the number which haue bene proposed or of other if it shall seme good nameli that they be all citezens in suche maner that y e election of the smale counsell be as an aduertisment withoute preiudice to the libertie of the two hundred The sondaye folowing the generall counsell shal be assembled there they shall pronounce vnto the people the election made by the two hundred so that oute of eight which shal be presented to the people they shall chose foure if so be y t they shal like thē but alwayes when it shall seme good vnto them they shall haue lybertie to refuse as well all as any party And yf it happen that oute of that present nūber their shall not be foūde foure whom the people shall like that is to saye by the moste voices y t then they procede to a newe election for the number which hath bene refused first by the smale counsell and afterwarde by the two hundred so that none be receyued but suche as shal be approued by the people Item this order shal be obserued to take two to y e lower parte of y e towne and two of the vpper This election made and confyrmed by the people the foure newe elected shall come into the towne house to make their othe betwine the hands of the foure aūcientes so be put in possession of their office ¶ The forme of their othe VVE promyse and swere to acquite vs faythefully in the duetye of oure offyce and fyrste to maynteyne and defende as muche as in vs lyeth the lybertyes and ryghtes of the towne well and trulye to minister y ◠which we shall haue in oure handes to execute good and right Iustice rendring to euery man that whiche shall apperteine to him susteyning y e good and punyshinge the euill wythoute fauour or hate moreouer we promise to doe and obserue that which is conteined in the office of the counsellors god bearing vs witnes in al y e same to punnyshe vs yf we doe the contrarye Touchinge the place for to knowe who shal be the first or second if those which they chose haue bene before in the office let them see who hath ben the fyrste and let hym goe before the other and so euery one consequently and after his order If they haue taken anye whyche haue not bene before in offyce then to see howe they were in the counsell before the other and accordynge to their aūcienty they shal be placed by the counsel we vnderstand as well y ◠threasorers and secretaries as coūsellers and he which hath ended his yere shall not be chosen vntyl he haue rested three yere If it happen that anye of the Sendicques die during his office and that there reste yet foure monethe of hys tyme let there be another chosen as sone as maye be but yf the tyme be shorter to let the yere passe withoute substituting of any other ¶ The election of the petye or smale counsell THe mondaie folowing the fower newe elected Sendiques with the olde and the threasorer shall assemble together with the two hundred and after they haue made exhortacion and praier and the othe they shall recite the rowle of the yere past and whom they wil haue to continue in their office the other to be put of Neuertheles y e fower auncient Sendiques shall continue withoute controuersye excepte they haue committed faultes worthy of reprehension in the time of their gouernement If that anye be put of by the moste voices there shal be no other put in their places sodenly but the smale counsell whyche shal be chosen shall name in number double y t is to say two for one to take which shall seme good to thē or to chose by their iudgemēt as hath ben said of y e Sēdicques If it happen that anye counsellour dye there shall none succede hym in place vntyll the next yere excepte it be by pestilence or by other inconueniences y t y e nūber be so sore diminished y t the coūsell shal be vnfurnished The election done all shall come and make their othe before they set downe principallye the newe elected as the other hath done before ¶ The forme of their othe VVE promise and sweare faythfully to applie and to doe all y ◠perteyneth to oure office and firste of al to doe oure diligence to conserue and maintayne the welth honour and profite of the towne and to come together as often and as many tymes as nede shal be to giue good and faithfull counsell touchynge that whyche shal be required of vs. Item to aduertise those to whom it shall aperteine of al y t we shal thinke to be to the profyte of the towne Item to kepe secret all that which hath bene sayd and determined in the counsell excepte it be a publike matter which ought to be published Item in no case to be preiudiciouse vnto the honour or profite of y e towne for fauoure or amytie or hate or any other carnall consyderacyon whatsoeuer it be Item not to be moued with bribes or anye suche practyse whatsoeuer it be from Iustice or rightly to doe our duetie but contrarily to breake let with al oure power such enterprises Item not to take presents or bribes for fauour of anye in that which concerneth oure office nor in generall all that maye be presented vnto vs in the respecte of oure estate for to make vs decline frō the fidelitie whiche we owe to y e towne the right which we be bounde to render to all Item in al causes y t which we shal be required of to pronounce with all right equitie that which shall seme good vnto vs w toute fraud or hate to ani of y
Tuesday and Fryday e they shall come together at the sounde of the bell withoute anye other calling moreouer yf it shall happen anye extraordynarye matters that they shal appeare at the hower assigned by y e commauÌ„dement of y e Sendicques by night or by daie Item in the ordinarye dayes from Easter to Michelmas they shall assemble at seauen of the clocke And from Michelmas to Easter at eight of the clocke which is at the ende of the â—ermon and he that appeareth not to be assistant shall paie Item in matters of greate importaunce and which require y e presence of the whole couÌ„sell the Sendicques shall commaunde to seke the counsell by y e othe which they owe to y e towne but thys shal not be done but by good discreacyon Item whosoeuer shal be called vpon his othe appeareth not he shall pay a fyne of fyue florence excepte he haue a lawful excuse for y e whiche he shal be sworne if he wyll haue hys excuse receiued moreouer y â— he doe signifie in his owne person or his wyfe Item y e none shal depart before y t the couÌ„sel be ended w toute asking leaue Item whosoeuer shall depart withoute the leaue of the counsell and beinge called agayne by the Saoultier at the commaundement of the fyrste Sendicque yf he come not he shall be put to a fyne fyue Florens and three dayes imprysonment Item after the praieâ— be made none shal speake but in his order and if many speake at once the first Sendicque shall impose Sylence the sylence imposed if their be any that ceaseth not he shal be put to a fine of v. shil Item that euery one shall kepe his place to auoide confusion Item y â— noe man be so hardye to propose any thiÌ„g of his own heade but he shal reueale the same to the first Sendicque before the counsell be set that the Sendicque may propose it neuertheles yf it seme good vnto hym he may commaunde the other to declare it more at large the better to informe the counsell Item yf it happen that anye haue aduertysement after the counseyll be set of anye thynge perteyninge to the common welthe that then beinge entred into the house he shall aduertise the first Sendicque a parte Item that none shall reueale that whyche is intreated of or decreed in secreate in their counseyll vpon paine to be deposed and for euer to be vnable for that estate moreouer according to the weighte of the case to be punished by the aduyse of y e couÌ„sell eyther by a fine of mouer or open penaÌ„ce or els by corporall punishement but yf it appeare that he hath done it to stoppe the course of Iustyce it shal be open penance if it haue bene to greue the common welth it shal be payne corporall Item if any of them haue ought to propose of his owne case he shal let it be writen or otherwyse he shall tarye vntyll they haue dispatched the present thinges Item that none swere or curse as to name the deuyl w tin y â— couÌ„sell vpon y e paine of v. shil and if he contynue after he hath ben corrected soÌ„drie times then to be deposed Item y â— none shal blaspheme god vp on y e paine to crie god mercy solemynly that is w t a torche burning in hys hand and to be put in prison if he doe it often tymes to be deposed and punished more rigorously Item y â— none reproche or mysname any other nor to enter into any contenssion or chiding or brauling that they speake no contumelious wordes or dishonestie but that eche one telling his opinion shal speake w t al modestye withoute charging the other or speaking against their honour vpon the paine of v. shill if he be accustumed so to do after certeyne admonicions and no amendemeÌ„t had to be deposed from the counsel Item if any doe charge another w t a crime he shal be bounde to proue it otherwyse to crye him mercy and to be deposed from y e counsel the rest of y e yere and he whiche hath ben charged shal haue his action Item this order shal be kept as wel for y e couÌ„sel of sixtie as in general of y e two huÌ„dred for y e auoiding of confusion y â— al thinges may be the better obserued they shal rede y t which is passed euery yere as wel in y e firste couÌ„sel holdeÌ„ after y e electioÌ„ as also of y e two huÌ„dred then al shal swere to kepe it Item y e nothynge shal be set forth amonge y e two hundred before it hath bene treated of by y e petye couÌ„sel neither in the generall counsell before it hath ben treated of before as wel of y e two hundred as of the petye counsel ⧠For what causes the councellers ought to retire them selues ITem that euery one in hys owne proper cause shall retyre hym selfe before he be commaunded and yf he doe it not they shall compell hym to doe it Item in that whiche apperteyneth to his and not to his owne person as in ciuill causes the father shall not be present when the cause of hys sonne shal be denounced neither brother nor vncle moreouer if anye wil not retire him selfe of his owne good wil to be admonished by the counsell Item in Criminall causes none shal tarye in the affaires of his parent or of his Coosyn yssued from his cosyn germayne but shal be excluded Item in all causes which shal seme good to the counsell to exclude anye immediatly they shall depart ¶ The office of the threasorer THe threasorer shal be present eueri day in y e counsell vpoÌ„ paine aforesaid and haue his voice as the other Item that he shall kepe secreate y â— which shal be sayd or done in the couÌ„sell vpon the same paine that is set vpon the counsellers Item to receiue all the commoÌ„ money as well of the ordinarye reuenue as the paynes of fines or other extraordinarye sommes Item that he shall demaunde and receiue in due time and also yelde accompte of that which shal be due eyther by fermers perticuler receyuers or paines fines or reuenewes as of al ather things so that the towne haue no lacke by negligence Item if he cannot be payde with a good will he shall constreyne the detters by imprisonment withoute anye further delaye Item he shall delyuer no money to anie person but by commaundement and hauing receiued commaundemeÌ„t he shall not delaye the tyme so that there comme anye complaynte agaynst him Item he shall render accomptes euery syxte monethe in the chamber of accomptes not to dyfferre y e time aboue sixe wekes ouer his terme Item in rendering of his accompts he shall shewe howe he receyued it w t what modiacioÌ„ Acte or Ordinaunce or by what vertue he hath receiued it Item concerning the things receyued or paied he shal shewe forthe the commaundementes with y e quittances vpon euery
obligations whiche they shall fynde to cause the partyes to appeare wyth diligence and those wyth dilyueraunce of their Register to conferre with the same if nede shall requier Also concerning the profites of the towne they shall not concelethe perticulers of their rightes but when the Registers of the town may serue they shall communicate wyth them to make out copyes when neede shal requier Item they shall note all the rights apperteyninge to the towne as rentes reuenues or causes whiche bee not paied and after shal make report to the counsell to the ende to ioyne them to the ordinarye inueÌ„torie and that vpon payne aforesayde Item thei shal reuisite the comptes of the Treasurour incontinent after thei shal be presented to them close them vp without delay but if thei do not bring them in by the time appointed that to is saye at the ende of sixe monethes they shall procure them and not suffer them to passe the time appointed ¶ The office of the controuler HE shal not passe one yere withoute visiting all the buyldings apperteyning to y â— towne but when he shal be aduertised by the inhabitauntes that there is necessitie of reparacioÌ„ that withoute longe delaie of time he shall come vpon the place to see what lacketh and to set order therin but if it happen anye inconuenyence by hys neglygence after he hathe bene aduertysed that then he shall aunswere Item in all buildinges where as is no habitacion as temples brydges other lyke he shal be dilygent to ouersee them w tout aduertisemeÌ„t of other Item he shall prouide and take order that nothing perishe or decaye for faulte of reparacions Item he shal haue a register conuenient to note all the daye workes of massons and carpenters and that he fayle not but to assygne the acquittance of the threasorer when he shal be therof certified Item whersoeuer there shal be massons carpenters or other workemen he shall not fayle to haue an eye to them to knowe yf they doe their duetye faythefully ¶ The offyce of the mayster of the Artyllerye HE shall kepe warely the keies and not to deliuer them into y â— handes of anye other nor put anye in trust withoute expresse commaundement of the counsell and yf there happen anye defaulte he shall aunswere therto Item he shal be diligent to kepe nete and cleane and in good pointe the artillerie readie for to serue at y â— hower if nede shal require Item he shal be dilygent and take hede in making cleane that nothing be put oute of order Item he shall take hede that there be no disceyte for the whiche cause he shal be contynually present and after he shall reuisyte and see that there be no inconueniencie Item he shall neyther charge nor discharge any peace but in necessitie excepte it be by expresse commaundement from the Seniors and that this be obserued in all the bulwarkes Item he shall kepe the pouder well lockyd so that no inconuenience happen vpon paine to aunswere it yf it be his faulte Item wheÌ„ nede shal be to set abrode the artillerie his office is to do it by the commaundement of y e Seniors ¶ For the proctour generall HE shal be assistant in y e courte of y e lieutenant in y e time of pleading to knowe vnderstande yf there be anye cause or interest for y e towne and there after to forme his conclusions this to be done audience shal be geuen him and the lieutenant shal demauÌ„de if there be any thing to be said which semeth to be medled w t y e common interest before he end his causes Item in al causes which perteyne to y e welth or profite of y e towne to the conseruacioÌ„ of y e coÌ„men weale he shal instaÌ„tly pursue it as a good proctor of y e coÌ„mon welth namely in criminal causes he shal be ioined w t y e lieutenaÌ„t Item in y e faulte of parents frends he shal solicite pursue to make gardens or ouerseers for pupilles orfelings or to depose those whiche be if nede shall requyre Item he shal be a party to demaunde call vpoÌ„ all fines in the name of the towne of al those w t offended neuertheles he shal receiue none nor it shal not be lawefull for him to make anye pacte or apointe anye man hys payement and those whiche be condempned in any payement he shall signifie to the thresorer euery weke that he maye recouer it Item he shal spare no maner of person in suche cases vpon paine to paye the summe him selfe neuertheles he shall not molest anye man to brynge hym before the Iustyce excepte he be well furnished with proues Item he shall take payne doe hys diligence to knowe those which holde ought of the towne as lands possessioÌ„s medowes houses or whiche w eholdeth anye thinge from the towne to aduertyse the audytors of the accomptes therin Item when there shal be anye buylding in the towne he shal haue respect that they enterprise not nor incroche vpon the strete but he shall endeuer him selfe to let it vntil it be determined by Iustice Item yf anye house be ruynate or faulen downe so that the towne be therby deformed he shall pursue him whyche oweth the place vntyll they haue buylded or forsaken the same Likewise if there be dauÌ„ger of any house to decaye or faulen in ruyne w t the common altie hath interest in he shall make pacte wyth the owner to shore it or repaire it Item he shall suffer no house to be shorde vpon the strete to let the common passage excepte it be for a tyme mete to repaire the same but howsoeuer it be it shall not passe eighte monethes but yf he be negligent and by fauour of anye dissemble the time he shal be put to fyne Item he shall haue the ouersighte of the breade which the bakers put to sale whether it be of iust waight or not and this shal he doe euery weke And where he findeth defaulte he shal procede informe as foloweth that is to saye if he finde breade whiche hath not his iust marke and waight according to the pryce of y e corne that was the saterdaye before he shall leuye v. shil for fine of the which y e halfe shal be geuen to the towne and the thresorer to receyue it the other to y e sayd proctor moreouer y e bread shal be coÌ„fiscate to the profyte of the hospital this for the fyrst time For the seconde time .xx. shil for a fine and confiscacion of the breade to be applied as is aforesaid For the thirde tyme .lx. shill for a fyne and confiscacion of the bread as is aforesayde For the fourth tyme tenne florence to be distributed as is sayde and the offeâ—der to be depriued of his occupacion and his ouen raced Item he shall make an Inuentorie of all the mouables confiscacions goodes where the Iustice hath layed hande vpon to the
and to render right to all withoute accepting of person and in chosing we shall haue respecte vnto the common welth and tonoe perticuler affection neyther for fauoure nor hate as god bearethe vs witnes in this promyse therin to be iudged if we doe the contrarie After this eche shall name before y e Sendicques the Secreataries beyng present to wryte their voyces y e Fridaye folowinge in the counsell of the two hundred after prayer made y e declaration and the othe they shall propose those two which haue ben chosen by the greatest part vpō that y e two hundred shall procede in their electyō taking if it seme good to them one of the two or els another thirde so that the fyrste electyon be as an aduertysement withoute preiudice to the libertie of the seconde The sonday folowing the general counsell shal be assembled there they shal pronounce to the people the election made by y e two hūdred to knowe yf y e people be agreeable to haue him if the people accepte hym whyche is chosen then the election is fyrme and shall continue but if they refuse hym they shal procede to a newe electyon first by the petie counsell after by the two hūdred so that none be in the offyce except he be cōfirmed approued by the people or by the greatest voice ¶ For the assistaunce TOVCHING the Assistaunce two shall continue in their office the seconde yere so y ◠euery yere they shall make but two newe in the place of those two which haue serued two yere neuertheles the last electiō shal be by the two hundred withoute comming to the people and the same daye the lieutenant w t his foure adiutors as well y e auncients which were of y e yere past as y e newe elected shall come into y e towne house to be sworne before the Sendicques the councel and to be put in possession ¶ The forme of their othe VVE promise and swere to execute oure offyce in the feare of god with a pure conscience and rightly to iudge pronounce those things which shal come before vs in all equitie iustice withoute exceptiō of person rendering right to eche one w tout bearing fauour to those whiche haue an euyll cause Item not to receiue presents gifts nor corruptiō to decline frō our duety Item w e all payne and dilygence to make expedition of causes which shal com before vs to ease the parties frō troublesome charges Item not to burdeine any person w t any costs and charges more then reason will beare and namely to folow the taxe which is made vnto vs. Item to be diligent to reproue correcte al insolences dissolutnesse contrarie to good pollicy to cause that the ordinaunces of the towne maye be well obserued as muche as lyeth in vs callynge god to wytnes therin to bee Iudged yf we doe contrary Moreouer if it happen anye lieutenant to dye before his yere yf there rest yet foure monethes they shal substitute another in forme aforesayde but yf he haue lesse tyme the moste auncyent of the Adiutors shall take hys place ¶ The place of the Assistaunce THE two auncients shall goe before the other but as well y ◠auncients as the newe amonge themselues shall goe according to their degre and dignitye of office in y e which they haue bene ⧠For the two Secreataries of the Lieutenauntes courte THE petye counsell shall chose them to present them to the two hundred which haue authority to ratifye the electiō or to make another withoute prolonging the tyme and the office shal be thre yere at the least excepte there happen death or a notable fault enot wythstandynge in the tearme of thre yere there shal be made a surueie the office perused if they ought to contynue therin before they shall enter into y e possession they shall make an othe before the counsell in maner folowing ⧠The othe of the Secretaries WE promise and swere to receyue no acte nor instrumente to the dyshonour or damage of the towne or against the polycye of the same Item to couche faithfully by writyng and to register all suche actes and instrumentes as pertaine vnto our office and to conserue that we haue made to distribute in tyme and place accordynge to the order of Iustice Item not to reueale ought to any party to the preiudice of another or stoppe the course of the right Item not to defraude any eyther of Acte or instrument which may helpe them or further them by reason Item to make expedicion of all actes and copies which we be bound to delyuer without delaying the one to further the other Item not to eracte or take greater wages than to vs is due by the order of the taxe ¶ The office of the Lieutenaunt and of his Assistaunts and the order of their courte THE Lieutenaūt his Assistantes be bound to hold their court for to render right thre dayes in the weke y e is to saye Monday after dinner from twelue of the clocke tarying till foure lykewyse Wednesdaye and Fryday Moreouer euery daye from eyghte of the clocke vntill ten the Lieutenaunt or one of his Assistauntes one after another through oute shal be resident in the benche to heare the plaintyues and sette order amonge them vntyll they may do iustice the Saterday they shal do the lyke both in the morning and after dynner because of the straungers and multitude which come to the market Item in matters of sodaine prouision the Lieutenaunt shall call the adiutours and assemble them extraordinarily accordynge to the necessitie of the case and that there be no defaulte the Lieutenaunte shall not enterpryse anye longe voyage to be absent one courte day wythout leaue of the counsell ¶ For the payne of those that bee absent HE that fayleth to be there in the tyme aforesayde shal be depriued from suche profyttes as shal fall or chaunce that daye and if he haue not a lawful excuse to pay two shillings for amende and if it be one of the Assistauntes to paye double and the Secretarye shall note theyr faultes faithfully to render the role to the receyuer of the fynes ¶ For the adiournement or summonning for ciuill causes WHO so euer wyll adiourne or summon hys aduerse partye maye doe it what daye he wyll yea at the presente houre and this adiournement shal be auaileable as well by anye of his housholde or hys wyfe as of hym selfe moreouer if he be absent or sicke and haue any other lawefull let his wife or anye of his as his nieghbour or his frend may appeare to the Assignation and excuse him but before the excuse be receyued they shall be sworne that the excuse is lawefull whyche they alledge ¶ For defaultes YF there bee no excuse broughte forth and the action be ordinary for debte or other cause none reserued as shal be sayd here after and if betwene two Burgeses the demaunder shall make
assignation thryse before he obteyne the default If then he doe not appeare there be no excuse broughte forthe letters shal be geuen out to leauye vpon hys goods vnto the furniture of y â— suÌ„me whiche the cause amounteth but yf he do not delyuer gage into the hands of the Sargeant or if he haue not sufficiente in his house for to gage the sayde summe then for defaulte of goods they shal take his person and make hym prisoner neuerthesse in case y â— he suffer hys house to be searched and thei take such as thei finde they shall not take him out to putte him in prisoÌ„ but if he absent him self willingly incontynent there shal be execution against him but yf he haue withstande the officer the Sargeant shall bringe him the next daye before the lieutenant there to paye all eâ—epences assignations letters and execusions of the same other wyse he shall procede whatsoeuer matter to the contrary notwithstanding But if the defendant after he hath bene put backe againe doe not appeare to the firste assignation then letters shall be graunted to the demaundaunt to adiorne him peaceablye to the whiche yf he obey not there shal be grauÌ„ted processe against him to take his bodie and put hym in prison to the ende of the paâ—ment If it be a stranger which assigneth a Burgese then to procede more spedily he shall demaunde yf it semeth him good and shall haue a iournement froÌ„ the lieutenaunt but if the Burgese wyll not appeare vpon the day in which he is assigned then default shal be decreed against him and immediatlye letters of execution to gage it in his goods or to take hys person for faulte of goods but yf he haue lawful excuse either by absence or by sickenes it must be declared in the first assignation Contrarywyse if y e demaunder appeare not the defendour shal obteine against him default and shal be freely at lybertye from his assignation Item none shall be releued from his faulte excepte he come before the courte be rysen so y â— he come in tyme to answere to his assignation present him selfe before the Iudge and that before he be rysen vnto the end that this be no occasion to prolonge the causes before they be vp he shall swere y â— he doth it not to delaye or to make frustrate his demaunder but that he is come as soone as he could But in suche case yf the tyme wyll serue he shall be called agayne neuerthelesse yf the demaunder be not there present in hys owne personne or Proctour for him that thys callynge shall not tourne to be preiudiciall to put him to defaulte but onelye for a lette that he shall not leuye lettes of execution agaynst hys partie moreouer none shall be receyued twyse to pleade such excuse but such a relyfe shal be onely for one tyme. ¶ For the adiornement of witnesses INcontinent after that the terme for the probation shal be geuen the partye which ought to bring furth witnesse shall doe his diligence to call them that the examination may be made in tyme and that the adiornement be made with expresse denomination that it is in case of witnes If it happen that he whiche they demaunde for witnes bee absent or sicke that his wyfe or one of his shal come and excuse hym wyth an othe as hath bene sayde If he appeare not or there bee no excuse at the first assignation he shal be assigned the seconde tyme and yf yet he make defaulte then letters of compulsion shall bee graunted to the partye to constrayne hym to comme before the tyme be expired vp on the payne of gage or imprisonment and if he suffer to bee gaged they shall take as muche of his goods as the principall of the cause maye amounte But if he be sicke there shal be deputed one of the assistaunce to goe and examine him in his house the aduerse partye shal be called thyther to see him sworne as if he were in the courte ¶ For the pleding ITEM folowynge our auncient custome the pleding shal be holden in the common language of the countrey and not in Latyne but for to auoyde all excesse of expences as prolonging and troubling of y e parties folowing our auncient custome that all causes which amount not aboue fyue Florence shall be dispatched wyth the greatest expedicion that maye be withoute writynge but onely by wordes as well the propositions and answeres of the partyes as the proues and witnesses Item to auoyde all vaine delayes that in causes whiche exceade not aboue ten Florence the principal sentence that is geuen by the lieutenant and his assistauntes shal stande for the last without appellation but for the other of hygher summes it shal be lawfull to appeale that is to be vnderstande onely for debte not for cause of rentes Item that all sentences not passing ten Florences shal be geuen by mouth onely and in general all senteÌ„ces interlocutoris shal be vnwritteÌ„ but the Secretary to put them in his register ¶ For termes and delaies TOVCHYNG the causes whiche ought to be dispatched without wryting as is sayd that the demaundant by him selfe or by his Proctor shall make redilye at y e firste his trew demaunde at the first assignatioÌ„ namely y â— the aduerse partie be there to answere lyke wise the defendour shal answere redily directly either affirming or deniyng protestiÌ„g the cause if it be his owne proper act if it be the cause of another for the whiche neuertheles he is bounde he shall haue delaye for two dayes onely to giue informacion yf the other bee in the towne but if he bee without he shall haue competent terme according to the place where he is If it be nedeful to be proued and y e he will proue his intension by instrument or by wrytyng he shall bringe it out incontinent thus doinge he shal not come without furniture if it be for witnesses he shall haue terme coÌ„petent hauing respect to the place where they be ¶ Of causes exceding fyue Florence TOVCHING other causes that excede fyue Florence if the demaunde be certeyne as a debt proued by obligation byll or such other debt where it is not nede to haue a byll in wryting the demaund shall be made by worde w t the profe of the obligation bill or other instrument to ende the cause briefelye in suche forme as hath bene sayde If the cause be such that it requier the demaunde to be put in wryting as when there be manye reasons to alledge and that the deduction beâ— longe and difficill than the demaunder the firste daye of his assignation shall bringe furthe his demaunde by wrytinge and shall haue a copye of the same readie to communicate w t his aduerse partie and y e to be done at the costes of the demaunder according to the taxe of charges For to answere the defender shall not haue aboue eyght dayes respite and then to answere denying or affirming the