and of the Declaration mentioned therein We do moreover charge and command our first Pursuivant or Sergeant required thereof to signifie our said Ordinance unto the said Officers of the Chancery and to all others whom it shall concern making unto them in our name the Inhibitions and Prohibitions contained therein and for the full and entire execution of our said Ordinance to serve all other Warrants and Acts requisite and necessary without asking any leave or Pareatis to that purpose For such is our pleasure notwithstanding any clamour of Haero Charter of Normandie and Letters contrary unto it Given at Paris the 27 day of March in the yeer of the Lord 1618. and the 8 yeer of Our Reign Signed by the King in his Councell de la Grange with his Subsignature and sealed upon a single Label of the Great Scal of yellow Wax And underneath in the side of the Margent it is written Read published registred in the Chancery of Roan on a Seal day before us John Hallé Lord of Monflaines his Majesties Counsellour of his Privie Councel and of his Councell of State and Master of Requests in Ordinary of his Hall that the Contents thereof may be kept according to their form and tenour Given on Tuesday the 28 day of August 1618. Signed Hallé with his Subsignature An Extract out of the Register of the Court of Parliament VPon the Petition presented by the Prior Consuls and by the Atturney of the Merchants of the citie of Roan to the end that the Ordinance of the Privie Councell and the Letters-Patents given presently after it of the 17 day of March last may be registred in the Registers of the Court That the contents thereof may be put in execution according to their form and tenour and to that end to charge one of the Pursuivants to signifie them unto the Officers of the Chancery and that the said Ordinance and Letters may be read that they may not plead Ignoramus The said Petition being seen by the Court and the said Ordinance of the 17 of March by which it was ordered that the Declaration of the ordaining and establishing of the Jurisdiction of the said Prior and Consuls shall be put in execuiton according to the Ordinance of the approbation of the said Court and so that Sentences and Judgements given by the said Prior and Consuls not exceeding the sum of 205 l. shall be put in execution oppositions or whatsoever notwithstanding And inhibition is made to the Clerks Audienciaries and Controllers of the Chancery of Roan to issue forth any Writs or Commissions of appeal from the said Sentences and they are charged to insert henceforward in the said Writs of Appeal the date of the Sentences and the sums contained in them upon the penalty of damages and interests of the parties in their own private name and for their own particular And that the said Ordinance shall be read in the said Chancery on a Seal day that the said Officers thereof may not plead Ignoramus The said Letters of March of the 17 of March given immediately after the said Ordinance The conclusion of Kings Atturney-Generall and the Commissioners being heard the said Court hath granted an Act unto the said Prior Consuls and to the Atturney of Merchants of the presentation of the said Letters and of the Ordinance of the Councell And hath ordered that a copie thereof shall remain in the Registers Office of the said Court that they may be taken into consideration as it shall be meet Given at Roan in the said Court of Parliament the 14 of August 1618. The Copies being compared with their Originall Signed Cusson with his Subsignature Out of the Paper of the Articles of the Remonstrance made in the Assembly of the three Estates of Normandy sitting at Roan the 16 of September 1613. Together out of the Answers and Ordinances made thereupon by the King at Paris the 22 of January next after following 1614. was extracted the following Article The XXII Article THe calling in of the Controlls of Titles is demanded All manner of persons are interessed in it and more especially Merchants for Bonds conceived to be made for Merchandize which require a speedy dispatch as well for forrain Merchandize as for them that are transported from one Country into another such unprofitable expences being needlesse in trading underneath which Article the words are written To the King And that the Commissioners are agreed on Moreover Granted upon paying again what is disbursed And in the Interim the Kings intent is not That the said Controls should be of any effect for the Bills of Exchange and promises between Merchants Out of another paper of the Articles of the Remonstrances made in the Assembly of the three Estates of Normandy sitting at Roan the 18. day of September 1614. together out of the Answer and Ordinance made thereupon by his Majesty at Paris the 29. of January 1615. was extracted the 17. following Article The XVII Article ALthough by the Answer given unto the Estates assembled the last year your Majesty did grant us That the Controule of Titres should be of no more effect for Bills of Exchange and promises between Merchants because the freedome of traffick doth require that the strictnesse of formalities may not be so exact in such kinds of Agreements as it must be in others Neverthelesse upon a meere Request presented by Master Champage Captain of Fointaine-belleau pretending to have a Pattentee for the said Controuls he hath obtained an Ordinance of the 24. of Aprill last by which the Answer given to the said Estates is called in and it is permitted unto the said Champagne and to his Farmers to get themselves paid for the Controule upon the said Bills of Exchange and promises between Merchants In case this should take effect it were to make all Illusory which was resolved in your Councell upon the Just demands of your people and the Answers also which your Majesty was pleased to give them which ought to be held holy and kept inviolably and to turn them into smoak May it therefore please your Majesty to Order That the Answer unto the Paper of the last year concerning Bills of Exchange and promises between Merchants be put in execution Vnderneath the which Article these words are written To the King And the Commissioners are agreed upon it Moreover The Kings pleasure is that his Answer given upon this matter to the 22. Article of the Paper which the Petitioners presented unto him the last year shall be put in execution An Extract out of the Registers of the Court of Parliament THe Court hath seen the Letters Pattents given at Paris the 22. of January 1614 by which the King commandeth and doth order that the answer made by him the said day unto the 22. Article of the Paper of the Remonstrances those of the three Estates of the Country and Dutchy of Normandy concerning the Controule of Titres be put in execution kept and observed according to the
the said Roan intimated in the appeal of the said Cauvigny and for his own part appealing from the Prior and Consuls established for the Merchants in the said Citie by M. John Morin his Atturney of the other part and also between the said Prior and Consuls plaintiffs by way of Petition to that end that Inhibitions may be made unto the said Sheriff of Roan and to his Lieutenants to take notice of causes and matters concerning Commerce and Traffick of Merchandise granted and given to the said Prior and Consuls by the Kings Ordinances and Orders given thereupon Pierre Lachers Merchant and the Atturney of the said Merchants Jurisdiction of the said Prior and Consuls being present joyned with the said de Cauvigny and by M. Richard le Fae their Atturney of the one part and the said Sheriff of Roan Defendant against the Request of the said Prior and Consuls asking and desiring the grant of another Request tending to that end that Inhibition may be made to the said Prior and Consuls to take upon them any other notice of matters but that which was given them by the Ordinance of their ordaining and establishing or to attempt any thing against the Order made by the King and against the Ordinance of the Court ensued thereupon by which they are prohibited to assume unto themselves the notice of those differences which are arisen and shall arise from Merchandises sold and bought for the publike necessities and for the Kings subjects though it be between Merchants appearing by M. Peter Deshayes his Atturney of the other part The Court the parties being heard and the Sentences being read which were given as well by the Sheriff or by his Lieutenant as by the said Prior and Consuls containing the Amercements of the one and of the other part hath made the Appeal and the matter thereof void without any Amercements or Charges And for this cause and for amending the Judgement hath sent back and doth send back the cause matter betwixt the said Cauvigny and Du Fay before the said Prior and Consuls on the first day that right may be done unto them as it shall be meet and hath taken off and doth take of the Amercements in which the said Cauvigny and Du Fay and the Sergeant also were respectively amerced by the said Sheriff Prior and Consuls unto the restitution whereof the receivers have been and shall be constrained by all due and reasonable ways Given as above Signed de Boisleuesque with his Subsignature And these words were endorsed The sum of ten pounds tournois was given back again and restored unto the said Grenier by Master Nicholas Vaignon Receiver of the Amercements in the Sherivalty of Roan Which sum he was condemned to restore by the Contents in the other part IN the yeer of our Lord 1568 on Munday the 11 of October in the Court before us John de Brevedent Esquire Counsellour unto the King our Lord and Lieutenant-Generall in the Bayliffs Court of Roan between John Peter prisoner and plaintiff desiring to be admitted into the Benefice of Cession of goods appearing by Tiregorge his Atturney on the one part and the Worshipfull Stephen Dugard Merchant in this City of Roan defendant against the said Cession and withall Plaintiff desiring to be sent back before the Prior and Consuls of this said Citie appearing by le Mire his Atturney of the other part The parties being heard the Bonds being read and the Accounts brought in by the said Dugard and the Kings Atturney in the said Bailiffs Court who hath said that the imprisonment of the said Peter was by vertue of Bills of hand and of Accounts acknowledged before the said Prior and Consuls the most part whereof were made in the Citie of London and the matter was between the parties about their Negotiations and Traffick and the priviledges thereof for that cause he intended not to hinder the said renewing As for the said Peter that he intended to withstand the removing of his Suit because the question was onely about Cession of goods into which he pretended to be admitted which was not under the notice and Jurisdiction of the said Prior and Consuls We have ordered neverthelesse that the said Dugard shall proceed afore us and shall prohibite the said Petition of Cession of goods from which the said le Mire in the said name hath appealed which appealing he was commanded to take and cause to be served in due time whereof the said Peter obtained these Presents Given as above Signed Varin with his Subsignature Of the 4 day of February 1569. in the Court of Parliament at Roan BEtween Stephen Dugard appealing from the Bailiff of Roan his Lieutenant and anticipated appearing by M. William Valdorg his Atturney of the one part and John Peter prisoner in the prison of the Bayliwick of Roan intimated and anticipating by Master Richard le Fae his Atturney on the other part The Court the parties being heard and the Kings Atturney-Generall likewise say That it was ill and to no other effect judged by the said Bailiff of Roan or by his Lieutenant and well appealed by le Mire and amending the said judgement The said Court hath sent and doth send back again the said parties to appear eight days hence before the said Prior and Consuls of this City of Roan to proceed in the matter as it shall be meet Given as above The Copies are compared with the Original Signed de Boisleuesque with his Subsignature An Extract out of the Register of the Jurisdiction of the Worshipfull the Prior and the Consuls of the Merchants of Roan of what followeth Wednesday the 13 of Decemb. 1570. VVHereas John Bourgovin Merchant living at Orleans obtaining of us Warrant and the Kings Letters-Patents in form of Debites he being present in his own person hath caused to be warned Richard Pillon Merchant living in Saint Christopher neer Montfort in the Sherivalty of Pontanton and Ponteaudemer within the Bayliwick of Roan also present to save or amend a default which the said Bourgovin had got against the said Pillon the 25 of December last and to see himself condemned to pay him the sum of 25 l. tournois for which he said that the said Pillon had remained debtour unto him upon some Accounts made by the said Pillon between themselves upon a day past for a certain quantity of Merchandise of Wines which he had formerly sold and sent to the said Pillon Since the which Accounts he said that he had sent a Kilderkin of Wine which he had promised to give him upon the making of the said Accounts The said Pillon considering the Allegation made that it was for Merchandise sent and that the said pretended Accounts were made in his house he hath acknowledged it and hath demanded to be sent back again afore his ordinary Judge though he confessed himself to be a Merchant which removing of the Suit was withstood and prohibited by the said Bourgovin maintaining that he ought to
appearing by his eldest son and by le Pueu his Atturney of the other part When the said Cuillers had persisted to demand that the cause should be sent back as he did demand it yesterday and protested that the summoning made by the said Febvrier was of no validity it was said That the parties shall be and are sent back again to the said place on Munday next to proceed upon the said summoning as it shall be meet Given as above Signed Richer and Nephueu with both their Subsignatures Of the 4 day of December 1597. at Roan in the Court of Parliament BEtween Anthonie Solenne calling himself the Deputy-Commissary unto the Treasurer-generall of the States of Flanders plaintiff by a request of the 30 of August last tending to an Order for a Judge by reason of the contention about Jurisdiction between the Bayliff of Roan or his Lieutenant and the Prior and Consuls of this said City and in chief also plaintiff for a Decree and a Distrein in the hands of Nicholas Bailleul Citizen of the said Roan upon the sum of 200 Crowns consigned into his hands by Giles Fouan to receive payment by the said Solenne of a great deal of money due unto him by Daniel Loyseleur for the remainder upon accounts appearring by M. Thierre des Marestz his Atturney of the one part and the said Giles Fouon a Fleming Merchant here by benefice of Inventory by his wife of the said Loyseur present in person and by M. Nicholas le Cerf his Atturney on the other part Deschamps being heard for the said Solenne and Chrestien for the said Fouan the Court hath changed and doth change the said Ordinance into action and that right may be done upon it hath sent back and doth send back the parties before the Prior and Consuls of Roan and inhibition is made unto the said parties to treat elsewhere upon the penalty of nullity of their proceedings the charges being reserved and hath in the interim ordered and doth order that the said Fouan shall have a mainprise of the money stayed upon giving security for the said summe of 200 Crowns Given as above The copie is compared with the Originall Signed de Boisleuesque with his Subsignature To the Lords of the Parliament The humble Petition of Francis le Teinteurier Citizen of Roan Prisoner in the Court. Sheweth THat your Petitioner was arrested on Tuesday the 9 of this instant moneth according to the Extract of his imprisonment annexed hereunto at the suit of Nicholas Larcanier Tutor in chief unto the children of Nicholas Godin in his life Citizen of Roan which are yet under age for the sum of eleven hundred threescore and five pounds tournois according and for the causes contained in the said Extract for and in the name of the said children under age of the said deceased Godin although the said Godin doth but represent any particular person for buying the Petitioners debt at a rate more than just by half as the Court shall know by the Bills of hand and Cedulles inserted into the accounts by vertue of which he was made prisoner yet neverthelesse the said Petitioner to prevent the detaining of his person in prison hath offered and doth offer unto the said Larcanier all and as much yeerly means as he can possesse which consisteth but in 50 l. per annum untill the end of his payment having no ways to satisfie the debt and moreover that he hath a charge of two children upon his hands For these causes may it please you my Lords that the Petitioner may be enlarged and let out of prison with making over unto the said Larcanier a Letter of an Atturney of the said 50 l. per an or else to see himself received and admitted to the Benefice of Cession of goods and to that end to grant and give Warrant unto the said Petitioner to call within few days the said Larcanier before this Court and you shall do well Signed le Teinturier and Cavé for Bindel Atturney with their Subsignatures And underneath the said Petition the following Ordinance is written Let the Petitioner have his recourse before the Prior and Consuls that right may be done to him as it shall be meet Given at Roan in the Parliament the 11 day of April 1619. And lower The 12 day of the said moneth and yeer at the request and petition of the said le Teinteur aforenamed and by vertue of the present Petition and Ordinance I have cited the said Larcanier here also named speaking to him in his own person in the place of his habitation at Roan to appear to morrow morning before the Worshipfull Prior and the Consuls of the Merchants of Roan to be heard upon the ends of these presents Done by me Pursuivant in the Court undersigned and I have given a Copie of the Warrant in the presence of Martin Bouchart and of others Levent Of the 10. of Aprill 1619. in the Chamber of the Edict in the Parliament at Roan BEtween William de Hammerville Merchant Citizen of Roan creditor unto Peter de Namps Plaintiff by a request presented by him unto the Court the 11. day of December last That by reason of the appeal from the 100. sols amercement Judged and given against him by the Prior and Consuls the 10. day of December 1618 for the pretended transferring and removing of Jurisdiction and of the contention of Jurisdiction between the said Prior and Consuls of Merchants in the said Roan and the Sheriff of the said place for keeping a day for accompts of the money raised out of the sale of the moveables and Marchandises of the said de Namps distrained at the request of the said Hammer-ville by vertue of a sentence of the said Prior and Consuls There was a Warrant was granted to him to cite all the creditors of the said De Namps opposing themselvs to the said making of accompts to be ordered concerning Judges The said De Hammerville appearing in person and by Master Anthony Clovet his Atturney of the one part Peter le Roux Jean le Court the younger and Charles Coasture also creditors unto the said de Namps opposing themselves about the said money cited upon the said Request and the defendants appearing to wit the said Le Court and Consture by Master James de la Ruelle and the said le Roux by Mr. James Baillard their Atturnies of the other part in the presence of the said Prior and Consuls of the Merchants of the said Roan having presented themselves in the cause to demand the sending back thereof into their Jurisdiction appearing by Mr. Ambrose Marc their Atturney of the other part the Court sitting in the Chamber of the Edict the parties being heard and also the Kings Atturney Generall hath made and doth make voyd the appeal and the Contents thereof and amending and redressing the Judgement and sentence hath discharged and doth discharge the said de Hammerville of the amercement made by the said sentence and doing right upon the said Warrant hath sent back and doth send back the parties before the said Prior and Consuls to be proceeded between them as it shall be meet and fit Given as above and there is written beneath the Coppies were compared with the Originall Signed De Boisleuesque with his subsignature and a flourish An Extract out of the Registers of the Court of Parliament VPon the Petition presented by the Prior and the Consuls of this City of Roan tending to the end that it may be permitted unto them to put in Print aswell the Declaration and Ordinance of the ordaining and establishing of their Jurisdiction and of a Common place for Merchants in this said City of the moneth of March 1556. as also an Ordinance of the Court made upon the approving of the said Declaration an Ordinance and other Letters Pattents Ordinances and Declarations of the enlargement of the said Jurisdiction Ordinances and Orders made afterwards thereupon that in time hereafter there may be nothing undertaken to the prejudice of the said Jurisdiction under pretext of being ignorant thereof The Court having seen and perused this Petition the Coppies of the said Declarations Letters Pattents Ordinances and Orders the Conclusion of the Kings Atturney Generall and the Councellor deputed for that purpose being heard hath with the consent of the said Atturney Generall permitted and doth permit unto the said Prior and Consuls to put in Print the said Declarations Letters Pattents Ordinances and Orders to serve and to be availeable unto them as it shall concern them Given in the said Court of Roan the second day of July one thousand six hundred and nineteen Signed De Boisleuesque FINIS Printed according to Order
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
Refusers or them that have committed any fault in their Merchandizes in such penalties as the case shall require and as their authority may use Of the Forfeitures and Punishments and what Seal the said Prior and Consuls may use ARTIC 1. ITem The said Prior and Consuls to entertain conserve and defend their Authority may for every offence use onely the penalty and forfeitures of Money and shall apply the same the one half for the King the other half to the party according to his desert as is contained in the said Letters Pattents of the Moneth of May. ARTIC 2. Item The said Prior and Consuls may without dispersing of the Goods proceed by Sequestration Arrest and Imprisonment of the Persons who by them shall be condemned untill their sentence be fully executed according to such form and order as the Conservator of the Fairs of Lion Bry and Champaign do usually observe as is contained in the said Letters Pattents of the Moneth of February hereafter expressed ARTIC 3 Item To give force and authority to all the Judiciall Acts being done by the authority of the said Prior and Consuls the same shall be sealed with the Arms and Seal of the said Prior or of one of the said Consuls who hath judged the said Acts and the same shall be subscribed by their Register even as it is more amply expressed in the said Letters Pattents of the Moneth of May being thereby prohibited to use any of the Kings Seals according to the tenour of the said Letters ARTIC 4. Item The said Prior and Consuls having knowledge of any fraud or other deceits to be used by any man they may cause the body of the offender to be committed and proceed against the offender so far as his offence shall concern Trade of Merchandize Change or Rechange although the King be interessed therein Provided that they proceed no further then concerneth matters of Merchandizes Change and Rechange And for his other punishment for other offences they shall deliver the persons to the Judges to whom doth appertain the knowledge thereof for the better punishing of the offender and the correcting of all other vices and not otherwise ARTIC 5. Item All Judgements of the said Prior and Consuls may be executed throughout all the Kings Dominions be it by Attachment of Goods and sale thereof Arrest and Imprisonment of the persons condemned as also by penalties and forfeitures of Money according to the cause of the offence and the Authority of the said Prior and Consuls as is contained in the said Letters Pattents of the Moneth of May. ARTIC 6. Item All Judgements Sentences Ordinances Commissions Decrees and Commandments as well definitive as otherwise being done and judged by the said Prior and Consuls for all matters pertaining to their knowledge are of effect and force through all the Kings Dominions as is contained in the said Letters Pattents in the Moneth of May and others of the Moneth of February hereafter specified according to the order as well of the Conservator of Lion as of other Judges Who are subject to the Authority of the said Prior and Consuls and who are exempt ARTIC 1. ITem All Noble personages and others all spirituall men and lay-men of age or under age or their deputies using and exercising the Trade of Merchandize or Exchange shall in that respect be subject to the power and authority of the said Prior and Consuls without any manner of exception as is contained in the said Letters Pattents of the Moneth of May and the Restrictions thereof contained in the Letters Pattents Given at Fountain Bleau the seventh of December in the yeer 1551. and published in the Parliament at Thoulouze the ninth of February in the same yeer ARTIC 2. Item All Servants Factors Dealers and others of what quality soever they be being sent by the Merchants of the said Thoulouze into any place Countreys Dominions or Provinces being either within or without the Kings Dominions for the Trade of Merchandizes or Exchanges are subject to the authority of the said Prior and Consuls onely in the respect of the Trade of Merchandize and Exchange And all other Judges are forbidden concerning such debates and differences growing between the said Merchants and the parties above specified in this Article onely to avoid the frauds abuses and ill demeaners of the said servants and dealers and for other good reasons contained in the said Letters Pattents of the Moneth of May. ARTIC 3. Item All the Heirs of such men as are subject to the said authority of the said Prior and Consuls and by them shall be arrested and imprisoned are exempted And the said Prior and Consuls shall not have to do to arrest the bodies of the said Heirs but the same suite shall proceed before the Lords of the Court of Parliament of the said Thoulouze according to the effect of the Letters of the eight day of March in the yeer 1551. grounded as well by common reason of Right as by the Kings Ordinances in the Rewbrick of Letters Obligatories ARTIC 4. Item All Noble personages Lawyers and Officers are exempt from the said authority although they have bought Cloath of what kinde soever borrowed Money or other Merchandizes for their necessary uses according to their estate and callings as is contained in the restraints of the said Letters Patents of the Moneth of May. ARTIC 5. Item All Opposers against the Sentences and Decrees of the said Prior and Consuls are exempt from the said authority and they cannot thereby be constrained to bring their causes of opposition before the said Prior and Consuls but they shall return the same unto the Judges to whom the knowledge thereof doth appertain who having heard the same and given sentence thereof and the execution being accomplished both for the right of the King and the performance of Justice or otherwise ordained by the Judge to whom the knowledge of the said oppositions doth appertain as is contained in the Restraints of the said Letters Pattents of the Moneth of May. ARTIC 6. Item All Appeals of the Sentences and Ordinances of the said Prior and Consuls shall be brought immediately into the Court of Parliament of the said Thoulouze And none other Judge can reform the Judgements of the said Prior and Consuls as is contained in the Letters of the Moneth of July 1549. and of the moneth of May 1551. Three Additions to resolve two difficulties ARTIC 1. ITem All that be exempted from the Jurisdiction of the said Prior and Consuls can by no means submit themselves thereunto to take any benefit thereof unlesse it be by the Kings expresse Command or Consent of the other Judges in speciall favour and regard of the Causes of the said exemptions wherein the said Prior and Consuls must be wise and carefull not to give other Judges occasion of offence by their rash hearings ARTIC 2. Item Saving and excepting the Heirs of such as be dead that were in their life time subject to the said Authority
be satisfied with the Money proceeding thereof according to reason without any further delay as is contained in the said Letters Pattents of the Moneth of May. ARTIC 14. Item If the Goods so taken and seized be unmoveable the said Prior and Consuls having caused the Out-cries to be made and present sale thereof they shall cause the said Goods to be committed to a certain Commissioner by the Messenger or Serjeant who did execute the said Out-cries And the party who is the pursuer shall cause to be intimated and signified the said Out-cries to all men to whom it shall concern and to annex the intimation of their said Out-cries and the returns of the Warrants under the Counter-Seal of the said Prior and Consuls upon pain otherwise to be of no effect as is contained in the Kings Ordinances in the Rubrick of Out-cries and Sales in the second and fourth Articles ARTIC 15. Item The Notice and Out-cries being made according to the form usually observed in the City of Thoulouze the Sentence and Decree of the said Prior and Consuls being given upon the Goods so sold shall be put into execution in the behalf of him that offereth most and is last inhanser of the price as it is ordinarily done in the Jurisdictions of the other Judges of the said place according to the Tenour of the said Letters Pattents of the Moneth of May and as it is contained in the fifth Article of the Kings Ordinances in the Rubrick of Obligations ARTIC 16. Item Forasmuch as the said Prior and Consuls by the Tenour of the said Letters may use the Rites and means in the exercising of their Jurisdiction which other Judges of the Kingdom do use The said Prior and Consuls may upon the interposition of Decree observe and keep the custome of the Judges of Normandy contained in the twenty fourth Article of the Kings Ordinances in the Rubrick of Abolitions Confessions and Grants c. whereof the Tenour ensueth ARTIC 17. Item Whereas the Returns of many Lands and Inheritances do passe by one onely Decree upon any person for his debts although there be many inhansers of price yet notwithstanding they shall suffer one onely Decree to passe which shall be by the last inhanser to whom the adjudication shall be made And the Register cannot constrain the other parties specially the party who obtained the Decree to take the Letter of Decree and Estate but they shall suffer the said Inhansers to take the Letters of their Inhansements onely and the said party who obtained the Decree to take the Act of that which shall be ordained upon his opposition or else the said Prior and Consuls may make the Act of Return to the other Judges to whom the knowledge of the oppositions do concern ARTIC 18. Item For all executions where there is a command to pay within a certain time it shall not be needfull for the validity of the Warrant of the Outcries and Notice or other seizing of Goods or person to make farther enquiry of Goods moveable But a command duly made by a Messenger or Serjeant to the person or warning left at his Lodging shall suffice After which the Goods seized or the person arrested shall remain untill such time as he hath obeyed the said Command as is contained in the Kings Ordinances in the eleventh Article of the Clause of Obligations And in the said Letters Pattents of the Moneth of February or otherwise they may proceed to the sale of the Goods as is before specified ARTIC 19. Item If the Goods so seized be moveables then after one default they shall be sold publikely to him that offers most to make satisfaction to the Plaintiff And before the sale of the said Goods the Plaintiff shall cause the Defendant to be warned to come see his Goods sold and delivered to him that bids most according to the custome and of the Judges of the said place as it is contained in the said Letters Pattents of the Moneth of May. ARTICLE 20. Item If the said parties warned do make their appearance at the day appointed and do shew any thing against the demand of the Plaintiff being by the said Prior and Consuls condemned to deposite and consign the sums contained in the said demand they cannot hinder the said depositing although they do appeal from the said sentence which is provisionall and cannot be withstood or suspended by appeal as is contained in the last Article of the Kings Ordinances and in the Clause of provisionall Sentences and for want of depositing and obeying the said Sentences the said Prior and Consuls may constrain the Opposers by arrest and by imprisonment of their persons as is contained in the two Letters Patents of the Moneths of May and February hereafter expressed ARTIC 21. Item If opposition be made against the seizing sale or delivering of the Goods or against the Out-cries or interpositions of Decree or against any other chief point where opposition may take place the Money being duly deposited in the Court for the matter of the Authority of the said Prior and Consuls the parties so opposing themselves shall be sent to their Judge and chief men of their Province to declare before them the causes of their oppositions as is contained in certain Letters of the Kings Given at Fountain Bleau the seventh day of December 1551. Read and published according to their Tenours in the Parliament of the said City of Thoulouze the ninth day of February in the same yeer ARTIC 22. Item If the party warned do offer security yet notwithstanding he shall be caused to deposite and then have power to call his security the Money being deposited in the Court who being called before he be accepted for security shall deposite in the like manner that after they may proceed as well against him as against the principall debter according to reason And all Sentences and Judgements that shall be given against the security shall be put in execution to wit against the principall debter for the principall sum And against the securities for the charges dammages and interest onely as it is contained in the twentieth Article of the Kings Ordinances in the Clause of Delayes ARTIC 23. Item To call a Security before Contestation of the Cause the said Prior and Consuls cannot grant but onely one default unlesse the first Security will call a third man for Security to whom they may grant another onely default as it is contained in the second third and fourth Articles of the Kings Ordinances in the said Clause of delayes ARTIC 24. Item In the said matters to be proceeded against Refractories there is no need to give any delay but after one default to proceed as aforesaid for one onely default in the said matters doth give great advantage to one of the parties as it is contained in the first Article of the Kings Ordinances in the Clause of Warnings And all delayes are left by the King to the discretion of the said Prior and Consuls
of our Judges or their Lieutenants have inhibited you to warn any persons before the said Prior and Consuls under great penalties and amercements so that by these means the Edict of their establishing is made delusory voyd and of no effect for them although we are cheefly interessed in the businesse our intent being to make traffique to be used honestly in our Kingdome These are therefore to command and charge you and every one of you being thereunto required to put in full and entire execution all Ordinances Sentences and Judgements given by the said Prior and Consuls and also to serve their Warrants and Writs and make returns thereof as you and every of you shall be required without asking any leave Placet Visa or Pareatis neither shall any one of our Judges whatsoever have power or authority to hinder you or to call you into any of their Courts or Jurisdictions for we have expresly interdicted and forbidden and do interdict and forbid them by these presents so to do under the penalty of answering in their own particular persons for all charges dammages and interests of the parties for such is our pleasure notwithstanding any Edicts Ordinances Restraints Commands Prohibitions and Letters whatsoever to the contrary Given at Paris the 23. day of October in the year of our Lord 1563. and of our reign the third Signed by the King in his Councell Morin with his Subsignature and sealed with one onely labell of the great Seal with yellow wax The said Patents signified unto the Bailiff Sheriff the water Sheriffe Admiralty and Sergeants by Cireule the Messenger according to the relations of the 15. of November 1563. and the 3. of September 1514. The Kings Letter Pattens in form of a Declaration given upon the establishing of the Judges Consuls at Paris CHarls by the Grace of God to all unto which these presents shall come Greeting We give you to understand that upon the Petition presented unto us in our Councell by the Merchants of our City of Roan We have through the advice of the said Councell declared and ordered and do declare and order by these presents That the Edict and order made by us at Paris in the moneth of November in the yeer 1563. for the establishing in our said City of Paris one Judge and four Consuls of Merchants with a Jurisdiction and Power of taking notice of all Processes and differences between Merchants in matters of Merchandice shall have place and shall be kept and observed henceforward as well for what concerneth the manner of the Election as for the Jurisdiction of the Prior and Consuls of Merchants heretofore established in our said Citie of Roan To exercise and to execute Justice henceforward by them that shall be chosen from yeer to yeer between Merchants in matters of Merchandice onely according to the Tenour of the said Declaration And the Counsellours of the common Citie-Hall except they be of the number of them that are chosen shall have no authority to intermeddle with their affairs during the times of free Fayrs as they do pretend to belong unto them by the Charter of the deceased King Lewis the eleventh given at Arras in the moneth of May 1417. which we have called in upon that consideration and in so doing have united and do by these Presents unite the pretended Jurisdiction of the said Counsellours of the Common-Hall to that of the said Prior and Consuls of Merchants and upon the Remonstrance also made by the said Merchants That ordinary Judges do still take notice of the oppositions made against the execution of Sentences and Judgements given by the said Prior and Consuls they pretending to know and that they ought to take notice of the differences between Merchants Drapers Hosiers Shoe-makers Mercers Fishmongers and others that sell and buy by Retail saying That it is a businesse belonging to the Bailiffs Court of the Citie and to the Lieutenants and to the Sheriffs We to make an end of those difficulties and hinderances in the execution of our Edicts have declared and ordered and do declare and order and it is our Will and Pleasure That the taking notice of all oppositions which shall happen hereafter against the execution of the Sentences and Judgements given by the Prior and Consuls of the Merchants of Roan and of all differences in matters of Merchandice between Merchants onely either sellers or buyers by the Great or by Retail shall remain and belong to the said Prior and Consuls privatively from any other Judges as wel ordinury subordinate Deputies Inferiour as of Our said Court of Parliament at Roan Forbidding them the taking of the same in the first Instance being reserved for the parties to provide themselves by Appeal in the cases of Our Ordinance and not otherwise Moreover We do command Our trustie and welbeloved keeping Our said Court of Parliament at Roan to cause these Presents to be read published and registred with an Extract signed out of the Register of Our Court of Parliament at Paris of the said Ordinances given at Paris in the moneth of November 1563. to keep and observe the Contents thereof and to cause them to be kept and maintained inviolably and in every point according to the Form and Tenour thereof causing all hinderances to the contrary to cease considering the good and profit and ease which resulteth from thence unto Merchants and for the maintaining of Traffick Negotiation and otherwise For such is Our Pleasure all pretended Priviledges Statutes Ordinances or any other Letters to the contrary thereunto notwithstanding Given at Montpellier the 29 of December 1564. and in the fourth yeer of Our reign And upon the back-side it is endorsed By the King in his Councell signed by Cauvet his Subsignature with an appearance that the said Letters were sealed with a double Label Moreover it is endorsed Read published and registred with the Extract of the Decree of Parliament at Paris therein mentioned at the request of the Prior and Consuls established for the Merchants in the Citie of Roan and also at the request of the said Merchants with the consent of the Kings Atturneys Generall under the Clauses contained in the Decree thereupon ordered given and now published 1566. At Roan in the Parliament Signed Du Val his Subsignature Decrees Ordinances and Presidents of the Court of Parliament given between the Bailiffs Aldermen Sheriffs of Roan the Water-Sheriff and the fourty Sergeants of the said City of the one part And the Priour and Consul Merchants of the said Common Place of the other part Upon the approving of the Kings Letters-Patents given at Montpellier the 29 of December 1564. above inserted On the 13 of July 1565. at Roan in the Court of Parliament BEtween the Prior and the Consuls established for Merchants in this Citie of Roan and the Merchants dwellers and inhabitants of the said Citie Plaintiffs desiring the approving of the Grant and publishing of certain Letters Patents of the Kings Declaration containing an
the Registers of the Court to enjoy the Contents thereof according to their form and tenour by which the King hath confirmed unto them all the Contents of those Declarations and Ordinances which were made by his Predecessors in the moneth of March 1556. the 23. of October 563. the 29. of December 564. the 22. of February 566. and the 22. of August 586. together with the approving and acceptations thereof by the said Court that they and their successours in the said Offices may enjoy and use them as they have done heretofore and do still use at this present and in the same form and manner altogether as it is contained and Declared in the said Declarations Orders and Ordinances concerning the approbations thereof The said Petition being seen by the Court together with the Letters Pattents in form of a Declaration of King Henry the second in the moneth of March 1556. The Ordinance of the said Court ensuing upon the approbation thereof on the 20. of July 563. other Letters Pattens of Charls the ninth of the 25. of October in the same year and the 29. of December 564. An Ordinance ensued upon the approbation thereof of the 30. of August 566. Other Letters Pattents of Declaration of the 22. of February in the said year 66. An Ordinance of approbation of the 22. of March other Letters Pattens in form of a Declaration granted to the said Prior and Consuls by King Henry of happy memory lately deceased In the moneth of August 586. upon the Ordinance ensued for the approbation of the said Letters Pattents of the 22. of the said Moneth after the Conclusion of the Kings Atturney Generall All being considered the Court hath ordered and doth order that the said Lettets Pattens of confirmation of the moneth of December 596. shall be Registred in the Register of the said Court That the Prior and the Consuls of the Merchants of this city of Roan may enjoy the Contents thereof according as it is contained in the former Ordinances Given at Roan in the said Court of Parliament the 7. day of August 1598. The Coppies being compared with the Originall Signed De Boisleuesque with his Subsignature Another Confirmation of the said Jurisdiction and Place of Merchants in Roan and the approbation thereof in Parliament LEwis by the grace of God King of France and Navar To all present and to come Greeting Desiring in imitation and after the example of the deceased Kings our predecessours to shew our grace and favour unto our dear and welbeloved the Prior and the Consuls of the Merchants in our good City of Roan and to maintain and protect them with all our might in the Consulary Jurisdiction which was granted unto them by our Predecessors by many of their Letters Patents confirmed also by the Letters-Patents of Charter of the moneth of December of our most honoured Lord and Father in the yeer 96. After which many Judgements and Ordinances have ensued to their profit and advantage that the said Jurisdiction might no ways and in what manner soever be altered or diminished to their prejudice For these causes by the advice of our Councell who have seen the said Letters-Patents Judgements and Ordinances annexed hereunto We out of our speciall grace full power and Royall authority have continued and confirmed do continue and confirm unto the said Prior and Consuls of Merchants in the said City of Roan granted given and confirmed unto them by the said Letters-Patents and Ordinances to be enjoyed and use made of by the said Petitioners and by their Successours in the said Charges fully and peaceably according unto their said Letters Patents Grants Judgements and Ordinances and in the same manner as they have well and rightly enjoyed and used them and do still at this present make use thereof Moreover we do command our trustie and welbeloved keeping our Parliament in Roan the Masters of Requests in Ordinary in our Common-hall the keepers of the Seal of the Chancery and those that keep the Requests in the Hall or Palace of the said place the Bayliff of the said Roan or his Lieutenant and every one of them as it shall concern them to cause suffer and permit the said petitioners and their successours in the said places to enjoy and peaceably fully and perpetually to make use thereof in every point according to their form and tenour of these Letters Pattens of confirmation and all the Contents as above and so to cause our abovesaid Letters Patents Declarations and Ordinances made thereupon to be kept observed maintained and put in execution not permitting nor suffering the least trouble disturbance or hinderance to be done unto them to the contrary Which we do expresly forbid unto all persons upon 100. l. amercement and upon all the charges dammages and interests for such is our pleasure And that it may be a sure and a permanent thing for ever We have caused our Seal to be put unto these presents save our own right in these and the right of others in all things Given at Roan in the year of our Lord 1617. and the eight year of our Reign Signed Lewis and upon the Labell Visa and Contentor signed Thibaut with his subsignature The said Letters being sealed with the great Seal of green wax with red and green strings And Registred the Kings Atturney Generall hearing and assenting unto them that they that have obtained them may enjoy the Contents thereof according to the former Ordinances Given at Roan in Parliament the 14. day of August 1618. Signed Cusson with his subsignature An Extract out of the Register of the Court of Parliament VPon the Petition presented by the Priors and Consuls and the Atturney of Merchants of this City of Roan to the end that the Letters Pattents in form of Charters given at Roan in the moneth of December last may be verified and approved of and Registred in the Registers of the Court that they that have obtained them may enjoy the Contents thereof according to their form and tenour the Court having seen the said Petition the Letters Pattens by which the King having seen at the Councell Table many other Letters Pattens of the Kings his predecessors Charters Judgements and Ordinances ensued hath continued and confirmed the jurisdiction of the said Prior and Consuls that they and their successors in the said charges may keep it and exercise it according and conforming to their said Letters and even as they have heretofore well and rightly enjoyed them and made use thereof and do still at this present make use of the same The Letters Pattents in form of a Declaration of Henry the second of the moneth of March 1556. containing the Ordaining and establishing of the Jurisdiction of the said Prior and Consuls The Ordinances of approbation thereof in the said Court of the 20 of July 1563. Other Letters Pattents of Charles the ninth of the 13. of October in the said year of the 29. of December 1564. The Ordinances upon
to appear the next day after before the Prior and Consuls to pay him for eight Barrils which is a transferring of Jurisdiction against the Ordinance of the Court of Parliament given between us and the said Prior and Consuls so that by a sentence given by us on Wednesday last the said Grenier was fined 10. l. and inhibition was made unto the said Du Fay then present at the giving of Judgement to answer and contest upon the same action before the Prior and Consuls and moreover there was an injunction granted unto the Kings Atturney to cause the said De Cauvigny to be warned to appear and to be amerced for the transferring of Jurisdiction and since the said De Cauvigny was warned he had appeared by his wife which was many times enjoyned to cause her husband to appear and yet had not regarded it and in the Interim had still pursued the said Du Fay before the said Prior and Consuls where this morning the said Du Fay having appeared before them he was amerced one hundred sols and condemned to restore the said 10. l. amercement unto which the said Grenier was condemned by the said Wednesday last as the said Du Fay hath attested before us just now The said De Cauvigny being heard thereupon who hath acknowledged that he did require and did cause the said citation to be made before the said Prior and Consuls for the aforesaid cause but that he was not the Solicitor of the pursuit and sentence given by the said Prior and Consuls against the said Du Fay but that it was rather at the instance of the Atturney of the Exchange of the Merchants in the said Jurisdiction the said De Cauvigny saying moreover that at the instance of the said Atturney he was prohibited to appear and to answere before us in the said cause as he did make it appear by the coppie of the said Warrant of inhibition and by Mr. Jean de Laudassi the security as being the most ancient Advocate in the absence of Kings Atturny Generall in this Court of the Sheriff It was required that notwithstanding the allegations and Remonstrances of the said De Cauvigny he might be condemned to 10. l. amercement for the transferring of Jurisdiction and to the Jurisdiction of the amercement unto which the said Du Fay was amerced by the said Prior and Consuls whereupon advice being taken of the assistants it was said according unto it that the said De Cauvigny for the transferring of Jurisdiction and for the contempt of Justice should be amerced 10. l. and condemned to restore the sum of one hundred sols and all to which the said Du Fay was condemned by the said Prior and Consuls considering the inhibitions which were made unto him speaking to his wife for which amercement it was ordered that the said De Cauvigny should be kept close prisoner unto the full payment thereof and to that end committed to the custody of the said Poupart Sergeant from which the said De Cauvigny hath declared that he did appeal notwithstanding the which appeal and without any prejudice unto it We have ordered that he shall forthwith pay the said amercements from which the said De Cauvigny hath declared again that he did appeal and did take us to parties saying that he had Letters to that purpose which he had got in the Chancery of Roan which he shewed using these words We shall meet with you well enough with an incivill countenance by reason whereof and because the said De Cauvigny hath taken us to partie by which he hath declared again that he did persist we have ceased from taking any further notice of this cause and forthwith required Master Robert Anfrye as being the ancientest Advocate in this Court after the said Landasse to do us Justice for the said rude and undecent words considering that the said Landasse had presently concluded in the name of the Kings Atturney against the said De Cauvigny Whereupon in doing right upon the said Request We the said Anffrye in the quality aforesaid have taken and forced the said De Cauvigny to tell the truth upon his oath who hath told us that truely he had taken to party the said Gentleman the Sheriff but that he had not used these words We shall meet with you well enough which fault being considered and because it was witnessed unto us by Master William Commissioner of the Register of this Court That the said De Cauvigny had speaking unto the said Gentleman the Sheriff We shall meet with you well enough and that there were here many persons which might have heard it We have caused to come and to appear before us Master Geuffin Cavé Claude Clavé Nicholas Vaignon and Jean Servain Atturnies deputed Commissioners in this Jurisdiction here present which after a Solemn oath taken by them to speak and bring the truth Against whom the said De Cauvigny being thereupon asked would not alledge any exception and also when he had purged them of all wonted objections they have told us witnessed and related unanimously and with the same and like deposition upon their oath that they had heard just now the said De Cauvigny speaking unto his worship the Sheriff when he had told him that he took him to party and that he had used these words We shall meet with you well enough being moved with anger holding in his hands some Letters which he did exhibit unto his Worship the Sheriff using many undecent jests and postures which relation witnesses being considered and moreover because the said De Cavigny committed many insolences in this Court in our presence and even when it was attested unto us by Master David Doublet Advocate upon the asking of his advice that the said De Cauvigny had been sued in this Court for usury by one Du Thil by name We have Ordered according to the advice of the Assistants that the said De Cauvigny shall by reason of his deniall forthwith lay down and depose the said amercements and without any prejudice to his appeal and that he shall be really and effectually imprisoned and moreover that it shall be extraordinarily proceeded against 〈…〉 shall be meet whereof the said De Cauuigny obtained these Presents Given as above Signed Puchot and Marest two Subsignatures the Copies being compared with the originall in Parchment here above transcribed by me Jean Vienne his Majesties Pursuivant in his Court of Parliament at Roan at the Request of the Atturney of the Exchange of the Merchants of this Citie to be available and serve him as it shall concern them The 9 of May 1567. Signed Vienne with his Subsignature Of the 15 day 1567 at Roan in the Court of Parliament BEtween Jessé de Cauuigny Citizen Merchant dwelling in this Citie of Roan appealing from the Sheriff of the said place or from his Lieutenant and otherwise intimated appearing by Master Peter Sirette his Atturney of the one part and James du Fay also Citizen Merchant living in
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