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
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-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
to grant them according to the quality of the persons causes and places as other Judges do ARTIC 25. Item If the Plaintiff doth Comence any suite by craft and causeth any execution thereof against his adverse party or otherwise if the Defendant useth any crafty helps or unlawfull means to defraud the Plaintiff and not to satisfie him The said Prior and Consuls may condemn the party offending for using the said deceit or unlawfull means in a forfeiture and the same to be disposed of as aforesaid as is contained in the tenth Article of Kings Ordinances in the Clause of Obligations and in the said Letters Pattents of the Moneth of May. A note of such Matters wherein it is needfull to have instruction and knowledge of the Cause ALL those Matters are specified and named particularly in the said Letters Pattents of the Moneth of May even as is likewise named Obligations Associations either generall or particular Nominations of persons or of Goods Assurances Accounts and Auditing thereof the giving up of the Rest left in the hands of the Accountant satisfaction of the whole or of a part Transports Delegations Novations of Debts Partnerships Bargains and other Acts concerning the businesse of the said Exchange and all thereunto belonging ARTIC 1. First The Kings pleasure is by the Tenour of the said Letters of the Moneth of May that the said Prior and Consuls do proceed to Judgement of the debates and differences moved or to be moved by reason of the said matters after two defaults and that the parties warned twice and making no appearance the second day appointed them shall undergo the same Judgement Note that the King hath not limited any time for the said defaults but leaveth the same to the discretion of the said Prior and Consuls who are to limit the same according to the distance of the place quality of the party warned commodity of the time and cause of the businesse as all other Judges are accustomed to limit the defaults according to the same circumstances and according to the common disposition of right And the tenour of the second Article of the Kings Ordinances in the Clause of Delayes ARTIC 2. Item Whether the parties warned do appear or be absent the day appointed them the second time The said Prior and Consuls before they do proceed to Judgement of the said matters shall hear the Plaintiffs who upon their Oaths shall affirm their debts so demanded to be true and contain nothing but truth And then the defendants so warned being present answering by credit which is as much to say that it is true that the demand of the Plaintiff do contain truth And forthwith the said Prior and Consuls condemning them to satisfie the said Plaintiff with all costs presently taxed without any form of Processe by the said Prior and Consuls according to the Kings pleasure contained in the said Letters of the Moneth of May. ARTIC 3. Item If the parties so warned shall answer by no credit which is as much to say That the demands of the Plaintiffs are not true in all or in part they shall then affirm the same upon their Oaths and submit themselves to prove the contrary as it is contained in the first Article of the Kings Ordinances in the Clause of Answers ARTIC 4. Item If the parties so warned make no appearance the two defaults being past then shall the Plaintiff be bound to send unto the Defendant a Copy of his demand with his oath to the end that he may either oppose the same or approve it which the Plaintiff may do either by himself or by his Atturney intimating unto him That if he fails therein that then the said Prior and Consuls will proceed against him summarily to Judgement upon the Plaintiffs conclusion as it is said before ARTIC 5. Item If the parties do vary in their demands they shall be bound to give in writing both under their hands and oaths those points wherein they vary and that within eight dayes to the end that diligent enquiry may be made thereof as it is contained in the third Article of the Kings Ordinances in the Clause of Articles agreed upon Of Inquiries ARTIC 1. ITem The said Prior and Consuls their Lieutenants and Deputies in making their Inquest may not admit of any witnesses nor take their oaths nor proceed in proof except the adverse party be first called thereunto or else their proceedings in such a case shall be of no force and if the party shall make default after he hath been twice called they may then admit of the Witnesses and proceed to the Inquiry and all things thereunto belonging as it is contained in the twelfth thirteenth and fourteenth Articles of the Kings Ordinances in the Clause of Commissaries to make Inquest ARTIC 2. Item If inquiry be needfull to be made for both parties and one of the parties will appeal from the Prior and Consuls and from their Deputies then the said Prior and Consuls and their Deputies may make inquiry in the behalf of the party that doth not appeal as it is contained in the fifteenth Article of the foresaid Clause ARTIC 3. Item The said Prior and Consuls in making their inquires can give but one onely default within which time the parties must make report of their inquiries duly to be made and sealed up with their Seals as is it contained in the ninth tenth and eleventh Article of the Kings Ordinances in the Clause of Delayes ART 4. Item Except the parties have used their diligence in making the same inquiries within the time limited them and cannot within that time finish the same then upon due proof made of their diligence so used in such case the said Prior and Consuls may give them one onely delay more after the which time they cannot make any further enquiry by witnesses or otherwise as it is contained in the 12. and 13. Articles of the said Ordinances ARTIC 5. Item the parties accepted of to make enquiry before the said Prior and Consulls may use all sorts of lawfull proofs aswell by right as by the Kings Ordinances Provided that the same be done as breefely as can be according to the power of the Authority of the said Prior and Consulls All which is to be done in civill manner be it by witnesse by writings publike or private by collection of Letters by oath in the fulfilling of all proof and otherwise according as the case shall require to know the truth and to instruct the Consciences of the said Prior and Consuls ARTIC 6. Item if in the end of the cause of Demands and Articles of the Parties there be found any Article false and deceitfull he that hath affirmed the same shall be amerced by the said Prior and Consuls an hundreth sols half thereof to the Kings use and the other half to the parties as it is contained in the 15. Article of the Kings Ordinances in the Title of Answers And they may make use of the same penalties
and Consuls shall be set down and declared without any appeal according as the offence committed shall require Moreover we have granted and do grant the said Prior and Consuls to take unto them twenty of the said Merchants or more or lesse as they shall think reasonable to assist them in proceeding in their Judgements in Causes of Merchandize Bils of Exchange Assurances and Differences as abovesaid and to cause to be executed their Sentences Judgements and Ordinances of Consignments Provisions Seizing of Goods and all their other Condemnations Sentences or Appointments to proceed therein by Out-cries Proclamations giving notice to themselves or leaving notice at their Houses by Proof Sales Depositings Deliveries and execution Definitive as the Case shall require Likewise we give them power to direct the same Processe and to proceed therein according to their Ordinances as well in matters summarily as by provision As acknowledgement of Bils Subscriptions and Letters of Exchange And the like in Acts of deposite consignments by one onely default of Appearance duly proved by summoning the person at his House or fixing there a Copy of the Commission or Processe in all places where it is lawfull to be done And touching other matters where two defaults shall be made or summoned in person they shall proceed observe and keep the course according to the Kings Ordinances And for all matters wherein they shall give sentence of execution according to their knowledge We will and We do permit them as before is said to cause the execution to passe in all places under command of Our Court of Parliament at Roan and in all other places of Our Kingdom where need shall require Without any disturbance or let to be done by any of Our Judges Justicers or Officers either against them or their Deputies Neither shall they let or hinder any Summons or Arrest Writ or Warrants issued out by them And to give their assistance in all Causes appertaining to their knowledge touching matters of Traffick and all things thereunto belonging against all Merchants trading in our said Citie of Roan And as touching their Factors Dealers and Corresponders of what quality soever they be sent by them into divers Countreys Regions and Provinces as well within as without Our Kingdom Countreys and Dominions under Our Obedience for the Cause of Traffick Merchandizing and doing of businesse and all other things thereunto belonging We will and ordain That they may be constrained to bring their Causes and Proofs for all matters aforesaid before the said Prior and Consuls for the time now being or that shall hereafter execute these Offices Be it either for the rendring of account and satisfaction of part or of whole or condemnations in penalties or other condemnations for fines for trespasses and of all other things that shall be requisite concerning and belonging to the trade of Merchandize according as they shall demerit Whereof We have permitted them and do give them power to use the form even as the said Conservator of Lions Prior and Consuls of Thoulouze and others our Judges do And to cause execution to be served on the offenders either by Arrest Attachment of Goods and sale thereof or by imprisonment of the Parties condemned even as they shall think good Inhibiting all our Judges to presume to take knowledge of any of their said proceedings or of any matter or plea thereunto belonging Which Commanders We will to be made known unto them and unto whom it shall appertain by the first of our Officers or Serjeants that shall be required whom We injoyn to perform the same accordingly to the intent that all those charges and extraordinary expences which Merchants may be put unto in following their suites against their Factors and Corresponders before many Judges might by this means be utterly avoided Furthermore We have permitted and do give Authority to the said Prior and Consuls that all such penalties of Moneys as by them shall be inflicted upon men for contempts or any other offences shall be forfeited the one half to Us the other half to the use of the said Common Place or Bourse of Roan for the use thereof allowing them likewise absolute libertie and power to chuse and appoint one Counsellour and one Atturney who shall by all lawfull means labour the benefit and advancement of the said place and shall defend the same to direct their Processe and Causes as well before the said Priors and Consuls as before all other Judges And to the end that the Merchants may assemble themselves as well to consult of their common affairs as to appoint the said Counsellour and Atturney without being bound to repair to Us or to Our Judges for leave when need shall require Therefore all such Judgements as shall passe before the Prior and Consuls being sealed with their seals and signed by a Register by them appointed be it by imprisonment sale disposing of Goods or otherwise shall be held for reall and lawfull being past in manner aforesaid without any constraint to obtain our further permission or liking even according as was granted by Our most Honourable Father the King unto the Merchants of Our Citie of Lions by His Letters Pattents Given in the Moneth of February in the yeer of our Lord 1535. Reserving unto Our said Court of Parliament at Our said Citie of Roan for a last conclusion and by appeal the jurisdiction and knowledge of the said discords and differences And to the end that all such appeals as shall proceed by reason of the Judgements and Sentences that shall be given and declared by the said Prior and Consuls may be speedily and without delay ended in our said Court We have ordained and do ordain injoyn and command all our loving and trusty Presidents and Councellors holding our said Court of Parliament to appoint the said Merchants without delay one day in every week such as they shall think convenient to hear determine and dispatch the said Appellations by order of Roll for that purpose ordained And in regard of the processe by writing there shall be an other Roll made apart to the end that the said appeals may be ended in the same day to avoid the prolonging of suites to the ruine and consuming of the parties And to the end that the said place of meeting of the Merchants twice a day may be quiet and without disturbance Our pleasure is and We do straightly command That none of our Serjeants and Officers presume to enter into the same place nor to make any Arrest for any cause of any person whatsoever during the time of those two accustomed hours of meeting And if such Arrest should be made during the said hours We have declared heretofore and do declare at this present the same to be void and of no effect charging all our Judges not to meddle therein And as we are informed that the Trade of Assurances is of late greatly advanced by the Merchants of the said Citie of Roan a work so honourable
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
forme and tenour thereof the extract of the 22. Article containing the calling in the controule of Titres demanded by the States abovesaid with the Answer of the said Lord. That he granted the said Article upon repaying of the charges and in the Interim that the intent of the said Lord our Soveraign is not that the said Controule shall be of any effect for Bills of Exchange and for promises between Merchants of another extract of the 17. Article of another Paper of the Remonstrances of the said States answered by the King the 29. of January last concerning the former The Kings Atturny Generall his conclusion and the relation of the Councellour chosen Commissioner for that purpose being heard The said Court hath ordered with the consent of the Atturney Generall and doth Order that the said Letters Patents and the extracts of the said Articles of the Remonstrances of the said Estates shall be Registred in the Registers thereof that the Contents of them may be put in execution kept and observed according to their form and tenour Given at Roan in the said Court of Parliament the 24. day of November in the year 1615. The Copies being compared with their Originall Ordinances and sentences given after the Ordinances and Declarations of the Jurisdiction of the Priour and Consuls of the Merchants at Roan IN the year of our Lord 1567. on Saturday the 26. of Aprill the Court sitting the Prior and the Consuls of Roan being afore us when the Atturney of the Place Exchange and Jurisdiction of the Merchants in Roan had caused to be cited James Du Fay Merchant living is this City to be warned that he might be amerced by reason of removing and transferring of their Jurisdiction because against the Kings Declaration and the Ordinances of the Court he had transferred this Jurisdiction and pleaded afore the Sheriff of Roan or before his Lieutenant Jesse de Cauvigny Merchant in this City of Roan upon the assignation warning given in the roome of the said Cauvigny unto the said Du Fay for the payment of 8. or ten barrils sold unto him by the said De Cauvigny and since sold again by the said Du Fay unto Master John Du Monstier Advocate in the Sherivalty of this City to shun the payment of the said barrils the said Du Fay had declared unto the Kings Atturney Generall in the said Sherivalty the said citation and disagreement of the parties arising out of Merchandize between Merchant and Merchant and according that same denounciation and intimation the Kings Atturney Generall hath obtained an Injunction and Warrant of the said Sheriff by vertue whereof he made a prohibition unto the said Jesse de Cauvigny to plead any where else but before the said Sheriff and he being cited to appear on the 23. day of this present moneth before the said Sheriff which was the day of the assignation given at the Instance of the said De Cauvigny to the said De Fay at which day the 23. the Kings Atturny had obtained a default against the said De Cauvigny in the said Sheriffs Court and it was ordered that he should be forced by an habeas corpus to appear to answer the demands and conclusions of the said Atturney Generall and moreover at the instance of the said Atturney Generall was sent for and carried before the Worshipfull Laurence Puchot Lord of Gerpon ville and Sheriff of Roan James Grenier his Majesties Sergeant in this City for the citation made afore the said Prior and Consuls and that the said Grenier was amerced 10. l. and committed to prison to close imprisonment untill the full payment of the said sum so that to shun the imprisonment of his person he was constrained to lay the said amercement in the hands of Gosselin a Sergeant as it appeareth by his bill of receipt bearing the Date of the 23. of this Instant moneth and year desiring that the said Du Fay should purge and cleer himself if he had not bought the said 8. Barrils and since sold them again unto the said Du Monstier and if he was not a Merchant trading and trafficking in Wines and in Linnen cloaths and in other commodities and if being in Maillotz street neer Renelle upon the warning which the said Grenier gave him at the instance of the said De Cauvigny to appear before the said Prior and Consuls and that upon this he the said Du Fay had desired and declared unto the said Grenier Sergeant that he intended to plead before the said Sheriff and not before the said Prior and Consuls and that according to this the said Grenier had made his relation thereof unto the said Du Fay. The Petition of the said De Cauvigny in the granting whereof we have taken and admitted of the oath of the said Du Fay who hath said sworn and affirmed acknowledged and confessed that he had bought of the said De Cavigny the said eight Barrills to sell again and that they were by him sold again unto the said Du Monstier of which oath and affirmation a letter was granted unto the said Atturny of the Merchants and the said Du Fay according to his confession and the advice of the Merchants there present was condemned to pay for the said Barrils after the rate of 11. sols 6. deniers a peece there being deduced out of that a teston which the said Cauvigny had received of the said Du Fay upon the said sum and the said Du Fay was amerced an hundred sols tournois for removing of and transferring the Jurisdiction appliable according to the Ordinance with a restitution as well unto the said Grenier Sergeant of the amercement unto which he was condemned upon imprisonment of his body by the said Sheriff as even also to the Interests as well of the said Grenier as of the said De Cauvigny together with the charges of the said De Cauvigny taxed to the sum of 40. sols six deniers fournois these present being comprehended and the first Pursuivant or his Majesties Sergeant required thereof is charged and commanded to put these presents in execution Given as above Signed Hallé a marke and his Subsignature In the year of our Lord 1567. next following after the Declaration on Saturday 26. day of Aprill in the morning in the hall of the King our Lord and Soveraigne at Roan before us Laurence Puchot Esquire Lord of Gerponuille and Sheriff of Roan according to our Order and verball processe made by us unto Thomas Pouppart the Kings Sergeant in this City of Roan to cause to appear in person and to bring coram nobis Jessé de Cauvigny a wine Merchant dwelling in Perchere street in Cooper this City the said Poupart Sergeant hath presently brought before us the said De Cauvigny to answer unto the Conclusions of the Kings Atturney Generall and to be amerced because he had required and caused to be cited by James Grenier the Kings Sergeant in the said Roan one James du Fay Taylor living in Perchere street
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
Roan for the sum of 100. l. for one part and of 27. l. ten sols for another part which he should say to be due unto the said Graffard by the said Herlenc for the sale of wine the said imprisonment made by vertue of a certain obligation acknowledged before the Prior and Consuls of the said place in Roan the 25. of September last unto which there was no attachment of the honourable the Bayliff of Caux nor of us neither Therefore he desired the said Warrant to be made voyde and the said Herlenc to be delivered and to be put out of the said prison with the interest and charges When we had heard the said Sergeant thereupon who hath confessed that he made the said imprisonment by vertue of the said Obligation without any attachment we have declared the said execution and Warrant voyde and annulled and made an inhibition unto the said Sergeant to make any more imprisonments of such persons resorting and Ostagers of this Jurisdiction without our attachment or that of the honourable the Bayliff upon the penalty of 100. l. amercement and we do order for this present that the said Herlenc shall be delivered out of the said prisons and that the goods taken upon execution by the said Sergeant shall be restored by the said Sergeants unto the said Herlenc except the matter of his interests and charge which to obtain he shall if he thinketh good cause the said Graffard to come before us unto which end a Warrant was granted to him and the first Sergeant is commanded to put these presents in execution Dated as above Signed Avisse Lorbec with their Subsignatures Of the 20. day December 1577. at Roan in the Registers Office of the Court of Parliament BEtween Peter Graffard Citizen of Roan being joyned with him the Atturney of the Prior and Consuls of this said City and the Kings Atturney Generall appealing from Master Francis Avisse the Sheriff of the New-Castle all appearing to wit the said Graffard by Master Adrian le Tellier his Atturney assisted with Master William Prin his Councell of the one part and the said Atturney of the Merchants by Master William le Fae his Atturney assisted by Master Peter Cadyot his Councell likewise of the one part and the said Avisse the Sheriff intimated in the appeal and taken to party being present and by Master Nicholas Guillot his Atturney assisted by Master James Lermitte his Councell of the other part It was appointed with the consent of the said parties appearing as above that the said appeal and that from which it was appealed should be made voyd and by reforming the Judgement and sentence that the parties should be discharged of the suite without any charges or interests of either part and it was ordered that the sentences of the said Prior and Consuls shall be put in execution according to the forme contained in the Ordinance of their Ordaining and without being bound to take any attachments of the Judges of the places Given as above Signed De Boisleuesque with his Subsignature HEnry by the Grace of God King of France and of Poland to all those that shall see these presents Greeting There being presented this day in our Court of Parliament the Cause of Peter Allaine Citizen Merchant of Roan appealing from Master John du Tot Lieutenant to the Sheriff of Caudebec in the sea Court of Cany The Atturney of the Prior and Consuls of the said Roan being joyned with the said Allaine likewise appealing from the said Du Tot and the said Allaine requiring the grant of a request tending to the end that right may be done upon the principall by judging the appeal and to the said principall Plaintiff by an execution for the sum of 29. crowns two third parts of a crown and seven sols six deniers appearing by Master Nicholas du Quesnay and Richard le Faé their Atturnies of the one part and Nicholas le Clerc intimated and to the said principall opposing himself and the said Du Tot also intimated and taken to party in his own particular name and defendants against the said request by Master William Hallé and Robert Arondell their Atturney of the other Prin for the Plaintiffs in the appeal hath said that their appeal resulteth and proceedeth from a manifest errour in case of right committed by the said Du Tot Lieutenant and the said Plaintiffs in the appeal are not willing that this cause should be pleaded in a publike Audience he hath offered an expedient out of the Court without suing to make the appeal and that from which it is appealed voyd and by the deciding the principall that the said Clerc and Du Tot might be condemned to the payment of 29. crowns two thirds of a crown seven sols six deniers for the which sum the said Allaine had required and caused execution to be made upon the taking of many dead and alive Mamps which goods the said Du Tot had abusively caused to be put again into the possession of the said Le Clerc the said Du Tot Judge a quo pretending that the said Allaine had no Authority to cause the sentence to be given by the said Prior and Consuls upon the recognisance or acknowledgement of the bill of the hand and of the bond of the said Le Clerc containing the said 29. crowns two thirds of a crown and 7. sols 6. deniers to be put in execution except he had obtained of the said Sheriff De Caudebec or of him Du Tot his Lieutenant an attachment to that effect which is an errour in the fact and in Law because it is manifest Notorietate facti permanenti That the Warrants Sentences and Judgements of the said Prior and Consuls are to be put in execution within all the Precincts of this Jurisdiction without asking of the Ordinary Judges of any of the places any placet leave or attachments for that purpose by the means of which errour upon which the sentence and Ordinance of the said Du Tot Lieutenant is grounded the said Allaine would be like to lose his said debt the said Clerc having been put again into the possession of his goods taken upon the execution which he hath since alienated and so became insoluable by the means whereof by the said expedient the said Du Tot and Le Clerc should be condemned in solidum to pay unto the said Allaine the said sum with charges and interests which expedient was accepted of by the said Le Clerc and not by the said Du Tot and therefore the said Prin would propose and alleadge his causes of appeal and so conclude upon the principall Whereupon Isnel for the said Le Clerc hath said That he did persist in the Declaration made by him out of the Court that he accepted of the said expedient and by Du Vinier the elder for the said Du Tot that for his own part he would not and for a just cause accept of that expedient for his particular because it would
not be reasonable that he the said Du Tot who is a Judge being no wayes interessed in the cause should be condemned in solidum to pay the said sum for the said Le Clerc yet neverthelesse that the said Du Tot would willingly upon a sentence against him the execution whereof should be forborn and stayed untill sufficient enquiry was made upon the said Le Clerc and untill he be found and declared insoluable and moreover to do more then he is bound to do he would yeeld unto half the charges of the 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