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cause_n father_n person_n son_n 3,185 5 5.8825 4 true
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A01594 The lavves and statutes of Geneua as well concerning ecclesiastical discipline, as ciuill regiment, with certeine proclamations duly executed, whereby Gods religion is most purelie mainteined, and their common wealth quietli gouerned: translated out of Frenche into Englishe by Robert Fills.; Laws, etc. Geneva (Switzerland); Fills, Robert, fl. 1562. 1562 (1562) STC 11725; ESTC S103016 63,903 192

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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 commaūdement 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 ●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 coūsell 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 ● he doe signifie in his owne person or his wyfe Item y e none shal depart before y t the coūsel 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 praie● 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 ● noe man be so hardye to propose any thīg 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 coūsell eyther by a fine of mouer or open penāce 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 ● coūsell vpon y e paine of v. shil and if he contynue after he hath ben corrected sōdrie times then to be deposed Item y ● 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 ● 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 amendemēt 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 coūsel of sixtie as in general of y e two hūdred for y e auoiding of confusion y ● al thinges may be the better obserued they shal rede y t which is passed euery yere as wel in y e firste coūsel holdē after y e electiō as also of y e two hūdred 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 coūsel 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 vpō paine aforesaid and haue his voice as the other Item that he shall kepe secreate y ● which shal be sayd or done in the coūsell vpon the same paine that is set vpon the counsellers Item to receiue all the commō 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 commaundemēt 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 modiaciō 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
declaration of the cause after y e defender hath answered the cause declared yf the plaintyue wyl set hys cause by articles to come to probation as the day of his contestation he shall haue eyghte dayes to doe the same and then yf he haue righte eyther by wrytinge or instrumente for to serue hys purpose he shall bringe them furthe and declare them with his articles Thys done the Defender shall haue eyghte dayes to answere vpon the articles and no more If the probation lye in wytnes after the Defender haue aunswered the demaunder shall haue yet eyghte dayes terme to bring furthe his witnesses if thei be in the towne if they be withoute he shall haue a competent terme to bryng thē or examine them vpon the place by the vertue requisitorie so that eyghte dayes after the terme geuen the witnesses shal be published so that ordinarilye they shall haue but fiftene dayes This oughte so to be vnderstand that after the beginning of y ● terme y e sayd party shal one certen day cause his witnesses to bee sworne against the daye of his publication exclusiuely neuerthelesse callyng his aduerse partie as right and reason requireth Item in the daye of the publication yf the parties pretend to propose any obligation or sedule to declare their facte or righte they shall haue eyght dayes delay to do it ¶ In case of exception IN case that the Defender in his answere vse exception the whiche requireth profe as yf he alegeth payment or suche lyke thynge that the same terme shall be geuen him as hathe ben sayd of the Demaunder Item vpon the exceptions whiche shal be made there shal be one replication and it shall not be permittted to y e defender to reioyn against him nor y e Plaintyue to surreioynder neuerthelesse it shal be lawefull as the matter shall require to oppose diuers exceptions in one cause accordyng to the diuersitie of the proues or demaundes so that one of the exceptions let not another ¶ For termes to here the right IN causes which mounte not aboue fyue Florence the principall and all other which be easye and nede no longe consultacion as yf Iudgement maye be geuen vpon an obligation or other certayne proues the Lieutenant and his Assistaunts shal not take aboue eyghte dayes terme at the moste Item in causes of greate importaunce whiche requireth further repecte and speciallye require consultation they shall take such terme as they thinke by their iudgement to be necessarye neuerthelesse so standing continuallye for briefnes as muche as in them is possible so that for the moste highest terme they shall not passe aboue a moneth ❧ For the longest tyme that processe ought to continue THAT thys order shall serue to dispatche al processes in the briefest maner that maye bee to auoyde all prolongings and delayes so that in causes of great importance the whiche shal be broughte by wrytinges althoughe there be acception of the partie Defender a proces shal not continue aboue foure monethes and an halfe but shal be alwayes ended and finished in the sayde terme namelye that they bee constrained to seeke theyr wytnesses oute of the towne for in suche case they muste ioyne to it such tymes as is ordeined to call them as hath bene sayde and so the terme shal be so manye dayes prolonged ¶ Of the two Feries or vacations THERE shal be two Feries in the yere in the which the causes and sute shal sease that is to say in corne haruest and wyne haruest the which shal dure eche one a moneth For the beginning there is no certayne tyme to continewe but they shall ordeyne it accordynge as the yere and season wyll beare so in the ende of the moneth of May the Lieutenaunt with his assistauntes shall consulte when corne maye bee rype and there after the daye shall be appointed the whiche shal be published in the courte the weke before and in the wyne haruest the like to be done The reste of the yere there shal be no nother vacations to stoppe the course of the audientes except there happen some necessitie extraordinarie in the towne for the whiche the coūsel shal ordein according to reasō Moreouer concerninge the examination of the witnesses as hath bene said thei may chaunge the dayes as the Sonday ought to be exempt and lykewise other actes iudiciall as to adiorne to leuy goods suche lyke Now also because the feries maye come often before one proces maye be ended as hath bene sayd of times and delayes in the terme whyle the causes shall duer that is to be vnderstande by this exception that the feries shall not be comprised in y e same tyme of delay ¶ Of causes extraordinarie TOVCHYNG causes whyche maye not suffer delaye as matters of prouision of fruites hanginge or standing on the grounde suche lyke because it is needefull to prouyde more briefely it shal be sayd in the place and order of eche one ❧ Of exception against Iudges in the processe sentence difinitiue THAT no Iudge shal be holden suspecte excepte he be refused of one of the parties but in case the partyes consent both to haue hym he shall not refuse to doe his office Item it shall not be lawefull to refuse wythout allegacion of the cause and to be knowen to the reste of the bench and he that wyll refuse shal be hearde vpon his reasons ❧ The causes to refuse be suche as foloweth THAT is to say to haue ben proctor or counseller or first Iudge in the cause Also parentage as father to sonne brother to brother or Vncle to neuew or cosyn germayne likewise affiniti vnto y e degre of vncle or neuew and so to the contrarie Item when the cause toucheth him which is refused as if the proces were touching marchandize in the whiche he was a peartener in or yf he were suertie or in any case haue had to doe in the same Item yf he beare manifest fauour to the one partie or hate to the other which maye be knowen or perceyued by vehement presumptyon it shall not bee nedefull to proue the same thoroughlye ¶ Here foloweth the taxes of fees or stypendes in whiche it shall not be lawefull to excede or passe FYRST the lieutenant or assystantes shall not exacte nor take of the partyes aboue thys which foloweth In the fyrst audience when the demaūde shal be formed i. shil ITEM in the examinacions of the witnes briefly withoute settinge downe in writing where euery wytnes shal be examined i. shil Item if it ought to be written and yet briefly without articles then shal he take for euery witnes ii shil Item yf it be by articles that for euery leafe of articles whiche y e proctor shal presēt for eueri witnes 3 shil Item for the othe iii. shil Item yf the sentence difinityue of y e sūme be lesse then .5 florens i. shil Item if it be a higher summe yet vnder a hundred florens iii. shil Item