which Heirs the debts owing by their Predecessors being proved and they submitting themselves again by new Obligations to the rigor of the said Authority may be constrained by arrest and imprisonment of their persons Renouncing the priviledges of the same Articles made onely in the favour of the said Heirs As by the said Article before alleadged doth appear ARTIC 3. Item Excepting the Heirs and Successors of Merchants frequenting the same Bourse who of what estate profession or quality soever they be either Noble or Head-Officers of the said Citie of Thoulouze or of any other condition not using nor professing the Trade of Merchandizing or Exchange shall be summoned adjourned and pursued by all due wayes and fit courses even as their Predecessors Merchants should have been if they had lived before the said Prior and Consuls for all things concerning the Trade of Merchandize and matters of Exchange done and used by their said Predecessors Merchants without pretending or alleaging any disability or insufficiency by reason of their Estate Provided alwayes that the suing of them shall be done without arresting or imprisoning of their persons And the said Heirs of what condition soever they be may sue or cause to be sued all other Merchants for the causes and reasons before rehearsed before the said Prior and Consuls and no where else as is contained in the said Letters Pattents of the Moneth of February and as in all common right is observed What matters are subject to the said Authoritie and what matters are not ARTIC 1. ITem All debates and differences by reason of Traffick and dealing in Merchandize or cause of Exchange be it by Obligation Bill of debt Receits Blanks signed Letters of Exchange and Rechange Suretiships Partnerships generall or particular nominations of the sufficiency of men or places where they dwell Debts Assurances Accounts or Auditings of accounts Transports Bargains and all other Acts and things with their circumstances and what else belonging unto them do appertain to the knowledge of the said Prior and Consuls as is contained in the said Letters Pattents of the Moneth of May. ARTIC 2. Item The Imposition or Assessement of such necessary sums of Moneys as shall be need full for the building buying or hiring of a place fit for the exercises of the said Jurisdiction to be used in and for the profit of the said common Bourse and of all things belonging thereunto as also for the entertaining in good estate and due form for the case and benefit of the transportation of all Merchandize upon the Rivers of Garona and Geronda from the said City of Thoulouze to the City of Burdeaux and of all other Rivers within the Countreys of Languedock and Lorogois Also the Taxation and Assessement of every Merchant as well Inhabitant as Stranger using the Trade of the Thoulouze according to their Abilities and Dealings doth appertain to the said Prior and Consuls as is contained in the said Letters Pattents of the Moneth of May. ARTIC 3. Item The said Prior and Consuls may impose penalties of Money upon all such Merchants as shall obstinately refuse to pay such sums of Money as are taxed upon them for the Causes abovesaid by the said Prior and Consuls and their Councell And shall constrain them thereunto by all due wayes and lawfull means and also by imprisonment of their persons untill such time as they shall make payment of the Moneys imposed upon them as aforesaid And the penalties that shall grow thereupon shall be disposed of by the Prior and Consuls the one half for the King the other half for the benefit of the said Bourse as is contained in the said Letters Pattents of the Moneth of May. ARTIC 4. Item There doth appertain to the said Jurisdiction of the said Prior and Consuls the knowledge of rendering of accounts payments of the whole or of part and all other things concerning the Trade of Merchandize and order of Exchange as is contained in the said Letters Pattents of the Moneth of May. ARTIC 5. Item The punishing of all frauds abuses deceits falsifications and all other ill dealings in Merchandizes bought and used in the said Countreys of Languedock and Lorogois And all abuses committed in the course of Exchanges All this in all reason doth appertain to the said Prior and Consuls as is contained in the said Letters Matters wherein the Prior or Consuls are forbidden to deal withall ARTICLE 1. ITem all matters criminall or offensive in regard whereof the Kings Atturney is a party and thereby hath interest therein as falsifying of Obligations and Bills of debt or other writings matters of reproach or discredit of persons thefts and other evill and unlawfull behaviours done and committed aswell by the said Merchants as by their Servants and Factors in causes of Merchandize As also all others not exercising the Trade of Merchandize are forbidden to be dealt withall by the said Prior and Consuls as is contained in the restraints of the said Letters Patents of the moneth of May hereafter specified ARTIC 2. Item the said Prior and Consuls are not to deal with the contracts of Vsury either fained or otherwise unlawfull whereby the offender by all reasonable judgement deserveth punishment As is contained in the said restraints ARTIC 3. Item all Civill causes between men of what quality soever besides those which concern Trade of Merchandize or matter of Exchange be it by gift of the dead by Will or in advancement of Marriage enterchanging of goods by consent and all other such like Contracts be all exempted from the Jurisdiction of the said Prior and Consuls As is contained in the said restraints ARTIC 4. Item the said Prior and Consuls are not to meddle with any opposition made against the execution of any of their Sentences or ordinances as is before expressed and contained in the said restraints ARTIC 5. Item The Authority of the said Prior and Consuls is onely in Civill causes according as before is recited and all such forfeitures as shall happen shall be arbitrated by the discretion of the said Prior and Consuls and disposed of as before is said ARTIC 6. Item touching all matters that concern the Authority of the Prior and Consuls and do appertain to their knowledge all other Judges their Deputies or Assignes within all the Kings Dominions cannot impeach or gainsay neither shall they crosse or contradict any thing directly or indirectly whatsoever the said Prior and Consuls or their Officers shall do As is mentioned in the Letters Patents in the Moneth of May. The matters wherein they may Summarily proceede THe King in his said Letters Patents of the moneth of May hath named and specified the said matters Summaries the knowledge whereof doth appertain to the said Prior and Consuls which be these Acknowledgement of Bills Rescriptions Letters of Exchange Letters of Advice Receipts Blanks signed Suerties Garnishment and Consignations of monies of what sum soever And all other circumstances belonging and concerning the Trade of Merchandize
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
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
Ordinances in the Title of Cessions ARTIC 4. Item all Scriveners who shall receive any such transports shall be punished by the said Prior and Consuls in an arbitrary penalty and further shall be condemned to pay unto the adverse Party al his costs and charges which he hath sustained by means thereof as is contained in the first Article of the foresaid Rubrick taken of the common disposition of the right Of Accusations THe Parties may accuse the said Prior and Consuls and others of their Jurisdictions if they have lawfull cause so to do And that not in writing but by word in his presence whom they suspect And their accusations shall be summarily examined and decided and if in case the said Prior and Consuls should be accused then the most ancient Merchants and those who have had the first pre-eminence in the said Exchange shall sit in the place of the said Prior and Consuls as is observed in the other Jurisdictions and contained in the Kings Ordinances in the Title of Accusations Of Distributions ARTICLE 1. THe said Prior and Consuls may distribute the Proces unto the most ancient Merchants that be most expert in the matters that be in Question to make a true report unto the said Prior and Consuls according to the allegations and proofs of the said parties to the end to decide the same according to right without any sallery to be given to the said Merchants in regard of their report ARTIC 2. Item all Merchants to whom the said Prior and Consuls shall distribute the Proces they shall be subject to take the advice of the Advocate and Atturney of the said Exchange or of any others if there be any difficulty in the cause to the end to discern the right and to make the better report thereof unto the said Prior and Consuls that they may the sooner end the same according to reason and right and at the charges of their parties pursuants like as the Conservator of the Faires of the said city of Lion doth Of Charges and Dammages ARTICLE 1. FIrst all Charges and Damages shall be taxed by the said Prior and Consuls to a certain sum as it shall truly appear unto them by the discourse of the Proces having a regard to the quality of the Parties and quantity of the causes without receiving from the Parties any declaration of their charges and without any other order of proceeding as is contained in the last Article of the Kings Ordinances in the Rubrick of Charges like as the Conservator of the Faires of the said Lion doth and is contained in the Letters Patents of the moneth of February hereafter specified ARTIC 2. Item if for the repair of the Charges Damages and Interest any person were condemned in a penalty and to remain in prison untill he had satisfied the same by the said Prior and Consuls the said party cannot be by them inlarged without the expresse consent of the Party interessed or that he have satisfied him As is contained in the seventh and eight Articles in the Rubrick of Charges and in the sixt Article of the Rubrick of Penalties Of Penalties ALL Penalties adjudged by the sayd Prior and Consuls to be imployed as before said shall be leavied without delay as is contained in the second Article of the foresaid Title of Penalties An Extract out of the Register of Parliament THe Court did peruse King Henries Letters Patents in form of a Charter and Ordinance given at Paris in the moneth of March 1566. con containing the ordaining erecting and establishing of a Common place in the City of Roan for Merchants that they and their Factors may assemble themselves there twice a day at the usuall houres to traffick and transact their businesses as they do in the Exchange at Lions and in the Burse at Tholouze and also to meet and assemble themselves every year in the said common place and to choose one Prior and two Consuls out of the Merchants from year to year to take notice and Judge of such things as are mentioned in the said Letters Pattents together with the Priviledges and Liberties contained at large therein A Petition being presented by the Citizens Merchants dwellers and Inhabitants in this City of Roan in the behalf of themselves and other Merchants resorting and trafficking thither concerning matters of Merchandize for the approving of which Grant and for publishing of the said Letters Pattents It is ordered that without any prejudice of the oppositions made against the publishing of the said Letters Pattents and Charter they shall be read published and registred The Merchants that shall be chosen according to the tenour thereof to be the Prior Consuls and Clerks of their Court must be free Denizens or else Naturalized and married in this Country Moreover the Election shall be made before a Committee of two Councellours named and deputed by the Court of Parliament for that purpose before which Committee the said Prior and Consuls and the Clerk of their Court shall take the oath requisite for exercising and discharging their duties in their Offices and places The Register of the said Court of Consuls and the Clerk of the Assurance Office must be inhabitants in the City of Roan in some publike and eminent place which shall be chosen and assigned for that purpose Given at Roan in the Court of Parliament the 20 of July 1563. signed by De Goismare I Lewis Marc Pursuivant in the said Court of Parliament did afterwards read and publish the things above mentioned and contained at the crossing of the wayes and in the publike places where Proclamations use to be read in this City of Roan having first of all caused the Trumpet to be sounded and Out-cries to be made after the usuall manner on Friday the last day but one of July 1563. In witnesse whereof I have hereunto set my hand and subsignature Lewis Marc. In the presence of Peter Bataille the Trumpeter and of many others there present at that time The Kings Letters Pattents by which all Messengers of the Parliament and all other or any of the Sergeants of other Courts are enjoyned to put in Execution the Commands and Sentences given by the said Priors and Consuls and to serve the Warrants whensoever they shall be required CHarles by the Grace of God King of France c. To all our Messengers and Sergeants whom it shall concern Greeting Whereas the late deceased King Henry our most honoured Lord and Father hath ordained and established in our City of Roan one Prior and two Consuls after the manner used and observed at the Exchange in Lions and at the Burse in Tholouze Which thing was approved of by our Court of Parliament at the said Roan after many and long suits and yet notwithstanding the most part of you do refuse to put in execution sentences given and orders made by the said Prior and Consuls under colour and pretence that our Bailiffs Sheriffs Admirals the Masters of our Waters and Forests and the rest
the approbation thereof of the 30. of August 1566. Other Letters of Declaration of the 22. of February in the said year and an Ordinance of approbation of the 22. of March Other Letters Pattents in form of a Declaration of the moneth of August 1586. and another Ordinance ensued thereupon of the 22. of the said moneth Other Letters of King Henry the Great of the moneth of December 1596. containing the confirmation of all the said Ordinances and Declarations An Ordinance of the said Court of the 17. of August 1598. made upon the approving of the said Letters Pattents The conclusion of the Kings Atturney Generall and the relation of the Deputy Councellour deputed by the Court. All these things being heard the said Court with consent of the said Atturney Generall Hath ordered and doth order that the said Letters Pattents of the said moneth of December last past shall be Registred in the Register thereof that they which have obtained them may enjoy what is contained therein according to the former Ordinances Given at Roan in the said Court of Parliament the 14. day of August in the year 1618. The Coppy being compared with their Originals Signed Culson with his Subsignature An Ordinance of his Majesties Privy Councell containing a prohibition made unto the Clarks Audienciaries and Controllers of the Chancery of Roan to issue forth any Commission or Writ of appeal from those sentences given by the Prior and Consuls that shall not exceed 250. l. upon nullity and no Validity thereof And they are enjoyned to insert in the Commissions or Writs of appeal the Date of the said sentences and the sums likewise from which the appeal is made An extract out of the Registers of the Kings Privy Councell VPon the Petition presented unto the King in his Privy Councell by the Prior and Consuls of Roan to the end that whereas by the establishing and institution of their Jurisdiction in imitation and after the manner of that of the Consuls of Paris they have Authority to Judge without appeal as far as 500. l. The Court of Parliament hath notwithstanding limited the said Authority unto 250. l. after the manner of presidiall Courts which the said Petitioners have alwayes enjoyed but within these few yeers that Merchants seeing themselves condemned to pay any small sums as of 50. l. and of 100. crowns or of 120. l. do appeal from their sentences and addresse themselves to the Clarks of Chancery which for the most part set not down the sums contained in the said sentences nor the date thereof which is the reason why the Petitioners are commonly intimated and cited by the said appeals That it may therefore please his Majestie to maintaine and uphold the Petitioners in the Authority they have to Judge without appeal as far as 500. l. and to order that such sentences as shall go beyond the said sum may be put in execution oppositions or appeals whatsoever notwithstanding according to the Contents thereof and to prohibit all or any of the Clarks Audienciaries and other Officers of the Chancery to signe or cause to be sealed any Commission of appeal from the said sentences of the said Petitioners upon 200. l. amercement in their own private names and which contain not the sums and the Date mentioned therein and to enjoyn the Court of Parliament to take no notice of such appeals but to send the parties back again presently and to amerce those that shall appeal The said Petition being seen the copie of the Declaration of the Ordaining of the Jurisdiction of the Consuls of Paris of the moneth of November 1563. the copie of the Letters-Patents in form of a Declaration containing the Institution of the Jurisdiction of the said Prior and Consuls after the manner of that of Paris of the 29 of December 1564. the Ordinance of the Court of Parliament of Roan of the 30 of August 1566. containing the approving of the said Declaration upon that condition That the said Consuls shall not take notice or judge of Causes without appeal beyond and further then the Judges of Presidiall Courts use to do Other Letters-Patents containing an order and regulating of the said Consulary Jurisdiction of Paris of the 20 of July 1566. The Sentences given by the said Prior and Consuls of Roan A copie of the Commission of Appeal from those Sentences with the Warrants and Citations of the said Consuls before the Court of Parliament in Roan to see the said Sentences corrected and amended and other Papers annexed to the said Petition And the Relation of the Counsellour deputed by the Court for that purpose being heard the King in his Councell ordereth That this Ordinance shall be put in execution according to the Decree and Ordinance of the approving of the Parliament of Roan thereof and so that Sentences given by the said Prior and Consuls not exceeding 250 l. shall be put in execution notwithstanding oppositions or appeals whatsoever hath prohibited the Clerks Audienciaries and Controllers of the Chancery of Roan to issue out any Commissions of Appeal from the said Sentences and charged them to insert henceforwards in the said Commissions the dates of the said Sentences and the sums contained therein with the penalty of the damages and interests of the said parties in their own private name for their own particular and of greater losse if it falleth out so And this present Ordinance shall be read in the Chancery on a Seal-day lest the Officers of the Chancery should pretend to be ignorant thereof The Atturney-Generall of the said Court is charged to aid and assist the execution of the said Declaration and of this present Ordinance Given in his Majesties Privie Councell sitting in Paris the 17 day of March 1618. The copies being compared with their Originall Signed de la Grange with his Subsignature and Signet LEwis by the grace of God King of France and of Navar To all our Trustie and Welbeloved the Counsellours keeping our Court of Parliament in Roan Greeting We command order and expresly enjoyn you to cause to be put in execution the Ordinance of our Councel here annexed under our counter-Seal given this day upon the Petition presented unto us by our welbeloved the Prior and Consuls of our citie of Roan in every point according to the form and tenour thereof constraining and causing to be constrained in our Name all such as shall suffer themselves to be constrained to do it to suffer and obey it by all due right and just ways oppositions or appellations whatsoever notwithstanding We do likewise command the first of our welbeloved Counsellours and Masters of Requests in ordinary of our Hall that shall be found in those places or in any Audienciary of the Chancery of Roan to cause the said Ordinance to be read and published in the Chancery on a Seal-day that the Officers thereof may not plead ignoramus charging to that effect our Atturney-Generall to aid and uphold the execution of the said Ordinance
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
and matters of Exchange As is more amply contained in the Letters Patents of the Moneth of May. The manner how to proceede in matters to be delivered upon a brief and summary triall untill definitive sentence according to the Kings Ordinance ARTICLE 1. FIrst the said Prior and Consuls shall cause all Plaintiffs at their first comming before them in person or by their Atturnies sufficiently authorized to nominate a place in the same Town for his residence or abiding and in default thereof the said Prior and Consuls shall refuse to receive their demands defences and oppositions specially the Plaintiffs as is contained in the first Article of the Kings Ordinance in the speciall clause That all Litigans c. ARTIC 2. Item the said Prior and Consuls are at all times authorized to proceed in their said Jurisdiction ordained for the expedition of Suits and the ease of all Merchants trading in that place except those dayes and holy dayes in which the Court of Parliament of the said place doth not sit according to which Order the said Prior and Consuls may intermit the exercises of their Authority And excepting furthermore the day of the feast of the Kings called Twelf-day in which the said Prior and Consuls are new chosen ARTIC 3. Item the said Prior and Consuls in the said causes cannot grant more then one delay which is a sufficient advantage for the party offending as is contained in the said Letters Patents of the Moneth of May And shall be hereafter declared ARTIC 4. Item if any question shall arise for the acknowledgements of Bills the party that is adjourned shall be granted but one default as above said to come either to confesse or deny his deed And having made one default his Bill shall be held as confessed and available from the day that the said Prior and Consuls shall give their Sentences as is contained in the Kings Ordinances and in the Rubrick for the acknowledgement of Bills ARTIC 5. Item the said Prior and Consuls may take notice that their Authority is greater in the acknowledgement of Bills then the Authority of any other Judges and more then the foresaid Ordinance doth expresse For the said Ordinance doth extend but to the adjourning of the said persons onely And the said Prior and Consuls upon one onely default and notice left at the lodging of the defendant may aver all Bills and declare the same to be payable As is contained in the said Letters Patents of the Moneth of May. ARTIC 6. Item all Debtors and Defendants being in Question for the sayd matters Summary and Provisionall shall be by their Creditors and Plaintiffs onely once warned to appear That is at a competent day and hour before the said Prior and Consuls to accept or deny the demand which shall be made against them by their Creditors and Plaintiffs ARTIC 7. Item all warnings or adjournments that shall be given at the first beginning of any Proces shall contain summarily all the demands of the Plaintiffe to the end that the Defendant being adjourned may come prepared for his answer at the day and time assigned As is contained in the third Article of the Kings Ordinances in the Rubrick of Adjournments ARTIC 8. Item the Messenger or Serjeant executing the said Prior and Consuls Letters of Summons touching the said matter Summary he must adjourn the person himself if he can finde him otherwise he shall fix aswell the Coppie of the Demand as his said Warrant at the door of the lodging of him that is summoned and the same to be duly proved and shall afterwards give knowledge unto the said Prior and Consuls of his diligences done therein as is contained in the said Letters Patents of the Moneth of May. ARTIC 9. Item forasmuch as in the foresaid matters the Plaintiff may in regard of one default obtain advantage in his cause as is contained in the sixth Article of the Kings Ordinances in the Rubrick of Serjeants Therefore all executions or Warrants of all Messengers or Serjeants shall be served and signed by two Witnesses or of one at the least And the said Messengers and Serjeants shall be bound to leave a Coppy thereof with the parties so assigned or else to six the same upon the door of the lodging as beforesaid although they make resistance And to make mention of all the Warrants they have served at the charges of the Plaintiff as is contained in the first and last Article of the Kings Ordinances in the Rubrick of Adjournments ARTIC 10. Item If the party so warned in make not his appearance at the time to him assigned then the said Prior and Consuls may proceed against him in the said Causes by seizing of his Goods so far as the sums shall amount unto pretended to be owing to the Plaintiff or by arresting and imprisoning the party adjourned if he may be taken and so to detain him untill he shall put into the hands of the Justice the like sums pretended to be owing to the Plaintiff And this in case where the party warned and imprisoned would declare nothing in his defence against the other party The Moneys first deposited in the Court as the Conservator of the Fairs of the said City of Lion doth and is contained in said the Letters Pattents of the Moneth of February hereafter expressed ARTIC 11. Item Without seizure of Goods it is lawfull for the said Prior and Consuls at the request of the Plaintiff to proceed against the Debtor by arrest and imprisonment if that be thought the easiest way to do right to the parties without exhibiting the Processe Like as the Conservator of the said City of Lion doth according to the will and pleasure of the late King Francis contained in the said Letters Pattents of the Moneth of February ARTIC 12. Item If the like sums be consigned by the Defendant he being heard in his defences shall be released or condemned by the said Prior and Consuls with charges and fines according as the Case shall require and quality of the person And if the Defendant be prisoner for want of depositing the monies in the Court according to the demand of the Plaintiffe heard upon his defence The said Prior and Consuls shall proceed against all such persons as abovesaid And like as the Conservator of the Faires of the said City of Lyon doth To avoyd long proceedings considering the Parties be present and being for matters touching Trade of Merchandize and Bills of Exchange ARTIC 13. Item if he that is Warned in do not make his appearance according as he is Warned to do and is no prisoner then after one default the sayd Prior and Consuls may proceede by seizing of his goods so far as the sums contained in the demand of the adverse party do amount unto And they may order to call the sayd debtor that at a certain day hour and place he may come to see his Goods so seized to be publikely sold to the end that the Plaintiff may