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<DATE>2014-03-10</DATE>
<RESPSTMT>
<NAME>Brian Matzge</NAME>
<RESP>MURP</RESP>
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<IDG S="marc" R="UM" ID="B14600">
<STC T="S">16784</STC>
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<TEXT LANG="eng">
<FRONT>
<DIV1 TYPE="title page">
<PB REF="1">
<PB REF="1">
<P>THE MERCHANTS NEW-ROYALL <HI>Exchaunge:</HI> Framed at <HI>Roan,</HI> and brought ouer to be &s;et vp in <HI>England.</HI></P>
<P>OR, <HI>A Law-Booke for Engli&s;h</HI> Merchants.</P>
<Q><HI>Concordia paruae res cre&s;cunt.</HI></Q>
<P><FIGURE>
<FIGDESC>griffin on top of book</FIGDESC>
</FIGURE></P>
<P>LONDON Printed by T.C. for Cutbert Burbey, and are to be &s;old at his Shop in Paules Church-yard, at the &s;igne of the Swanne. 1604.</P>
</DIV1>
<DIV1 TYPE="to the reader">
<PB REF="2">
<PB REF="2">
<HEAD>TO MY LO|uing Country-men, but <HI>e&s;pe|cially to the Merchants of London.</HI></HEAD>
<P>_GOlde is the Merchaunts Cape of <HI>Buon Esperanze,</HI> he &s;ailes about the world onely to recouer it: for Riches is the brighte&s;t &s;tar, who&s;e heighth, Traf|ficke takes, to direct it &s;elfe by. Yet doth this Tree of Enter-cour&s;e bring foorth other &s;weete and delectable fruites: It is not alto|gether planted in the garden of the <HI>Hesperi|des,</HI> onely to beare golden Apples: No: It carries other frutages, almo&s;t as faire: For the vertue of Comerce, is to di&s;couer coun|tries: the plea&s;ure of it, to be familiar with Nations: the exerci&s;e of it, to get politique experience: the benefit double: for both the forrein &amp; the free-borne are crowned with wealth by it: the black Indian, &amp; the white Engli&s;hman, &s;ill their pur&s;es by one &amp; the
<PB REF="3">&s;ame bargaine. So that the Straunger (how much Salt-water &s;oeuer parts him and vs) is a husband-man in our owne Country: hee reapes the fruites of our earth as plenteou&s;ly and as freely as wee our &s;elues: Is acquain|ted with the ble&s;&s;ings of our Land, and ta&s;tes them as we do. And though he cares not to vnder&s;tand our Language, yet is he curious to vnder&s;tand our Ladings: looking rather into the bottomes of our Shippes, than on the brauery of our Parlours. And this hap|pine&s;&s;e which hee deriues from vs, we doe backe againe reduce from him: So that it is but a neighbourly borrowing and lending betweene Kingdomes. And all the&s;e good|ly Triumphes are brought in by Traffick, Merchants being the chiefe and Mai&s;ter-workme~ that giue the~ beautie &amp; Illu&s;tratio~. To &s;peake in prai&s;e of who&s;e dignitie, were idlely to extoll that, who&s;e worthines none can call in que&s;tion. Sure it is, that all Com|mon-weales flori&s;h where they pro&s;per, and wither where they are pluckt vp: In&s;omuch that Kings haue bin, &amp; at this day are of the Societie, the greate&s;t number of their houres being &s;pent in the exerci&s;e of Merchandize.</P>
<P>The affection therefore which I carry to all you (my deare Country-men that pro|fe&s;&s;e this Art of Negotiatio~:) together with an Ardor and zeale to &s;ee the Merchants of this Kingdome, grow vp into a liuely Poli|ticall
<PB REF="3">Bodie, as they do now in <HI>France</HI> and o|ther Dominions: haue giuen me a boldnes and willingnes to entertaine this labour. It is a <HI>New,</HI> &amp; a <HI>Royall-Engli&s;h-Exchange,</HI> which I would build for you: The Moddell of it, I confe&s;&s;e, I founde drawne to my hand in <HI>France,</HI> you all are acquainted with it: Set then all your hands to the Frame, and helpe to reare it vp in England. Ca&s;t not your eyes on the rough pieces which I haue hewe~ out, but on the purpo&s;e, for which they are thus wrought vpon. And albeit perhaps, my ig|nora~ce &amp; vnpracti&s;ed familiaritie with the&s;e French phra&s;es, which here &s;peak their Law in broken Engli&s;h, may make you ca&s;t a&s;ide this booke in the reading, yet doe not ca&s;t a|&s;ide the matter. Admit that in turning ouer the leaues, you &s;hould finde no other &s;tuffe then this, that the French King (imitating therein, the Greeks and auncient Romanes) hath iu&s;tituted &s;uch a Bur&s;e or Guild-hou&s;e, for Merchants: and ordained three &s;uch Of|ficers, &amp;c. Why euen this &s;hould be enough to intice you (who~ it concernes) to buy this paper-commoditie: and hauing founde this mea&s;ure of <HI>Hercules</HI> his foot only, not to cea&s;e til you haue got &s;o much cunning, as to draw out the whole &s;ymetrical proportio~ of all his body. You haue many helpes to do it: you haue the voices not only of forren Chri&s;tian Kinges &s;peaking in your behalfe, But e|uen of our owne mo&s;t gracious and godly
<PB REF="4">Soueraign. The penne (with which he hath not many yeares &s;ince, &s;igned &s;uch like Royall Priuiledges, for the benefit of his Countrey <HI>Scotlande,</HI> and the Merchaunts thereof,) holds yet ynck enough in it, to be|&s;tow the like Princely grace vpon you the Merchants of England. Be humble petitio|ners to his Maie&s;tie for it. It is no Innoua|tion: It is no vp&s;tart attempt: other Realmes haue broken the yee: follow you their &s;teps, that a way may lye &s;mooth before you.</P>
<P>There are many Spurres, that (if they were clapt to your &s;ides) would make you to keep company in this beaten path. They who&s;e money-bags are &s;hrunke together by rea&s;on of that Siluer Con&s;umption, which tedious Lawe-&s;uites haue brought them in|to, can ri&s;e vp as &s;itte&s;t Orators to per&s;wade you to this enterpri&s;e. The wofull experi|ence of many a &s;ometimes-wealthy Citizen, (who hauing &s;capte &s;hipwracke on the &s;eas, hath notwith&s;tanding bin ca&s;t away on the land, by intangling his e&s;tate in the nettes of the Lawe) may with his cryes awaken you, to preuent the like future mi&s;chiefes, that (without prouidence) may fall vppon your &s;elues. Be wi&s;e therefore: A medicine is in|uented, and (by the tryall of other Cities that haue taken the phi&s;icke) approued to be &s;o whole&s;ome, that it cannot choo&s;e but doe
<PB REF="4">London much good. Do but entertaine (for a ta&s;te) the&s;e con&s;iderations: Of what fa&s;hi|on are all your controuer&s;ies? Flow not all your variances fro~ the troubled head of your Accounts? Are not your &s;uites (which now and then many yeares cannot weare out) drawne from your bargaines and barterings when they be not perfectly wrought? What hands therfore may better vntye tho&s;e knots than your owne among whome they are fa|&s;tened? Who are fitter to conduct you out of tho&s;e windings &amp; turning-Mazes wher|in the whole e&s;tates of many wealthy Mer|chants are often-times halfe-lo&s;t, than your &s;elues, that haue be&s;t experience in tho&s;e cau&s;es, by rea&s;on of your daily and hourely treading in tho&s;e pathes?</P>
<P>Suruey therefore all the roomes of this beautifull French building: yet I do not en|ioyne you, neither thinke I it conuenient, that you purcha&s;e the &s;ame, in all re&s;pects as it is to be &s;eene &s;tanding heere: but by this patterne, you may ea&s;ily fa&s;hion &s;uch ano|ther, more apt for your &s;elues, and more a|greeable to the condition of our own Coun|trey.</P>
<P>Do but &s;tudy this Merchants <HI>Law-Booke,</HI> with <HI>y^e</HI> &s;ame carefulnes that you peru&s;e your Debitor &amp; Creditor, and you &s;hal not need &s;o often to goe to Law. It is a learning will
<PB REF="5">much aduance you and your po&s;terities, fol|low it therefore. And thus wi&s;hing &s;afe har|bors to your Shippes when they are foorth, and to your Soules the land of heauen, when they are bound thither, I bid you farewell.</P>
</DIV1>
</FRONT>
<BODY>
<DIV1 TYPE="edict">
<PB REF="5">
<HEAD>THE <HI>MER|chants Newe Royall Ex|chaunge.</HI></HEAD>
<HEAD TYPE="sub">An Edict by the King, for the ordeining and e&s;tabli&s;hing (in the Citie of <HI>Roane</HI>) of a Common place for Merchants, ac|cording to the order of the Change in <HI>Li|ons,</HI> and the Bour&s;e in Thoulouze.</HEAD>
<P><HI>_HEnry</HI> by the grace of God King of <HI>France,</HI> to all maner of per|&s;ons of what e&s;tate &s;oeuer greeting; As we haue bin hereto|fore aduerti&s;ed, that our Citie of <HI>Roane</HI> is one of the be&s;t Townes in all our Kingdome, by rea|&s;on of the &s;cituation and aptne&s;&s;e for all Comerce and Trafficke, where di|uers Merchants (as well of this our Realme, as of many other Nations) do v&s;ually hold an entercour&s;e of buying and &s;elling, for the continuance &amp; pro|pagatio~
<PB REF="6">of which Trade, There hath of late (by vertue of our Letters mi&s;&s;iue) bene erected &amp; e&s;tabli&s;hed in the &s;ame Citie, a <HI>Common place for Merchants and their Factors</HI> to a&s;&s;emble them&s;elues in, twi&s;e euery day at the houres accu&s;to|med; to di&s;patch their affaires and Ne|gotiations in &s;uch maner as is accu&s;to|mably v&s;ed in the Change at <HI>Lyons,</HI> and the Bour&s;e at <HI>Thoulouze,</HI> to the in|tent that the forreine Commodities of other Countries may more readily be tran&s;ported and exchanged away with tho&s;e which our owne bringeth forth.</P>
<P>Be it therefore knowne to all men, that Wee (through an ardent zeale and de&s;ire that we carry to aduance the ge|nerall good of our &s;aid Citie of <HI>Roane,</HI> and to augment the Common benefit and ea&s;e of all Merchants Negotiating there, and in all things po&s;&s;ible to gra|tifie them, that they may not be di&s;tra|cted &amp; drawne from their affaires and bu&s;ine&s;&s;e, into &s;undry Courts and Iu|ri&s;dictions, (by meanes of Suites and variances ari&s;ing at any time about their Trafficke) by the deliberate ad|ui&s;e
<PB REF="6">of our Priuie Councell, (together with diuers Noble men and Princes of our blood) be&s;ides other great &amp; Ho|norable per&s;onages: Of our owne pro|per motion, a&s;&s;ured knowledge, and Regall authoritie, haue approued and confirmed, and by the&s;e pre&s;ents do approue and confirme, the making and e&s;tabli&s;hing, of the &s;aide <HI>Common Place</HI> in that our Citie of <HI>Roane,</HI> In&s;tantly ra|tifying the &s;ame in all points, with the Change of <HI>Lyons,</HI> and the Bour&s;e of <HI>Thoulouze.</HI></P>
<P>Willing &amp; ordeining, and our plea|&s;ure is, that all Merchants, Factors, and all others of what Nation &s;oeuer, may a&s;&s;emble them&s;elues in the &s;ame twi&s;e euery day, at the houres accu&s;tomed: And in their meetings &s;hall freely v&s;e their Traffiicke, and pa&s;&s;e their Bu&s;ines a&s;well by exchange as otherwi&s;e, not onely in the &s;ame place, but al&s;o in any other what&s;oeuer within the Liberties of our &s;aid citie of <HI>Roane,</HI> whe~ &amp; where they &s;hal think good, with all a&s;&s;urance and &s;afetie to their Merchandize: And withall tho&s;e Priuiledges &amp; Liberties,
<PB REF="7">which Merchaunts Trading to our Townes of <HI>Lyons</HI> and <HI>Thoulouze,</HI> do enioy and v&s;e, according to the graunt of our predece&s;&s;ors kings of <HI>France</HI> and of vs.</P>
<P>Furthermore, We will and ordaine, that the Merchants of the &s;aid Towne of <HI>Roane</HI> (frequenting the &s;ame place) &s;hall euery yeare cau&s;e a &s;ocietie of Merchants to be in the Lodge of the &s;aid Bour&s;e, or in any other place in the &s;ame Towne, and at &s;uch time as they &s;hall thinke good, in which meeting they &s;hall chu&s;e out of the &s;aid number three officers, <HI>viz.</HI> A Prior &amp; two Con|&s;ulls, to remaine in their authoritie for one yeare, and &s;o yearly to be changed, and there new to be elected, according to the ordinary forme of mo&s;t voyces: not only the Merchants of the Towne of <HI>Roane,</HI> but al&s;o the Merchant &s;traun|gers, being to be pre&s;ent &amp; a&s;&s;i&s;tants in the &s;aid election: which election and nomination being fully ended, the &s;aid Prior and Con&s;ulls &s;hall haue pre&s;ent power in them, to take knowledge and to giue iudgement (betweene all men
<PB REF="7">of what e&s;tate, qualitie, or condition &s;oeuer they be) of all &s;uites, controuer|&s;ies, and differences touching matters of Merchandizing or buying and &s;el|ling, in &s;uch maner as the <HI>Con&s;eruator</HI> of the Fayre at <HI>Lyons,</HI> and the Prior and Con&s;ull at <HI>Thoulouze</HI> do, a&s;wel for Ob|ligations, Bills of debt, Receits, Blankes &s;igned, Bills of Exchange, An&s;wers by Suerties, A&s;&s;ociations of Merchants, (either generall or particular) A&s;&s;uran|ces, Accounts, Tran&s;portations, Bar|gaines, and partner&s;hips, for matters a|fore&s;aid, or any thing belonging there|vnto, with as full &s;trength, and accor|ding to the Iudgments, and Condem|nations, of the &s;aide Con&s;eruators of <HI>Lyons,</HI> and the Pryor and Con&s;ulls of <HI>Thoulouze,</HI> And that the Iudgements: and Sentences, Decrees and Ordinan|ces, Commi&s;&s;ions and Commaunde|ments of the &s;aid Prior and Con&s;uls of <HI>Roane,</HI> by &s;peeches, proui&s;ions, or defi|nitiues, &s;hall &s;tand in as much force and effect, for any matter Iudicially deter|mined, as tho&s;e cau&s;es which the Con|&s;eruator of <HI>Lyons,</HI> and Prior and Con|&s;ulls
<PB REF="8">of <HI>Thoulouze,</HI> and others of our Iudges do decide: And the &s;ame &s;hall be executed by our Serieants and Of|ficers, in &s;uch maner and forme, as they are in their behalf aboue named, either by co~mitting to pri&s;on, or by inflicting &s;euere puni&s;hment, if it be &s;o decreed and ordeined: And to that ende &s;hall our Me&s;&s;engers and Officers be bound to performe the executions: Our Iay|lors and Keepers of our pri&s;ons, &s;hall likewi&s;e be bound to receiue and keep all &s;uch pri&s;oners, in &s;uch manner as if they were committed vnto them by our aboue-&s;aid Iudges, and with the like bond and penaltie (if any e&s;cape happen) as they be bound to keepe the pri&s;oners by the authoritie of the &s;aide Iudges, For &s;o we haue enioyned, and do enioyne our Me&s;&s;engers, and other our Officers, Iaylors, and Keepers of pri&s;ons, vpon &s;uch penalties, as the ca&s;e &s;hall require, and according as by the &s;aid Prior and Con&s;ulls &s;hall be &s;et downe and declared, without any de|fault, according as the offence com|mitted &s;hall require.</P>
<PB REF="8">
<P>Moreouer, we haue &s;uffered, and do &s;uffer, the &s;aide Prior and Con&s;ulls, to take vnto them, twentie of the &s;aide Merchants, or more or le&s;&s;e as they &s;hal thinke rea&s;onable, to a&s;&s;i&s;t them in pro|ceeding in their Iudgements, in cau&s;es of Merchandize, Bils of Exchange, A&s;|&s;urances and Differences as aboue&s;aid, And to cau&s;e to be executed, their Sen|tences, Iudgements, and Ordinances, of pawnes and Con&s;ignements, proui|&s;ions, &s;eyzing of goods, and all their other Condemnations, Sentences or appointments, to proceed therein by Cries, Proclamations, giuing notice to them&s;elues, or leauing notice at their hou&s;es by proofe, &s;ales, depo&s;itings, deliueries, and execution definitiue as the ca&s;e &s;hall require.</P>
<P>Likewi&s;e, We giue them power, to direct the &s;ame Proces, and to proceed therein, according to their Ordinan|ces, as well in matters &s;ummarily, as by proui&s;ion: As Reknowledgement of Billes, Sub&s;criptions, and Letters of Exchange.</P>
<PB REF="9">
<P>And the like in acts of pawnes and con&s;ignments, by one onely fault duly proued, by &s;ommoning the per&s;on at his hou&s;e, or fixing there a coppy of the Commi&s;&s;ion or proces, in all places where it is lawfull to bee done. And touching other matters, where two de|faults &s;hall be made, or &s;ommoned in per&s;on, they &s;hall proceed, ob&s;erue, and keepe the cour&s;e according to the Kings ordinances. And for all matters wherein they &s;hall giue &s;entence of ex|excutio~ according to their knowledge, We will, and We doe permit them (as before is &s;ayd) to cau&s;e the execution to pa&s;&s;e in all places of our Court of Parliament at <HI>Roane,</HI> and in all other places of our Kingdome, where neede &s;hall require: without any di&s;turbance, or let to be done, by any of our Iudges, Iu&s;ticers, or Officers, either again&s;t them, or their deputies: Neither &s;hall they let or hinder any &s;ommons, or ar|re&s;t, exploite, or a&s;&s;ignement to be done before them.</P>
<P>And to giue their a&s;&s;i&s;tance in all cau&s;es appertaining to their know|ledge,
<PB REF="9">touching matters of Trafficke, and all things thereunto belonging, a|gain&s;t al Merchants trading in our &s;aid Citie of <HI>Roane.</HI> And as touching their factors, dealers, &amp; intermedlers, of what qualitie &s;oeuer they be, (&s;ent by them into diuers Countries, Regions, and Prouinces, as well within as without our Kingdome, Countries, and Domi|nions vnder our obecens, for the cau&s;e of Trafficke, Merchandizing, &amp; doing of bu&s;ine&s;&s;e, and all other things there|vnto belonging;)</P>
<P>We wil and ordaine, that they may bee con&s;trained to bring their cau&s;es and proofes, for all matters afore&s;aide, before the &s;ayd Prior, and Con&s;uls, for the time now being, or that &s;hall here|after execute the&s;e Offices: be it either for the rendring of account, and &s;ati&s;|faction of part, or of whole, or con|demnations in penalties, or other con|demnations for amends for tre&s;pa&s;&s;es, and of all other things that &s;hall bee re|qui&s;ite, concerning, and belonging to the trade of Merchandize, according as they &s;hall de&s;erue; Whereof Wee
<PB REF="10">haue permitted them, and do giue the~ power to v&s;e the forme, euen as the &s;ayd Con&s;eruator of <HI>Lyons,</HI> Prior and Con&s;uls of <HI>Thoulouze,</HI> and others our Iudges do. And to cau&s;e execution to be &s;erued on the offenders, either by arre&s;t, attachement of goods, and &s;ale thereof; or by impi&s;onment of the par|ties condemned, euen as they &s;hall thinke good. Inhibiting all our Iudges to pre&s;umne to take knowledge of any of their &s;ayd proceedings, or of any matter or plea thereunto belonging: which our Commaund, We will to be notified vnto them, and vnto whom it &s;hall appertaine, by the fir&s;t of our Of|ficers, or Seriants that &s;hall bee requi|red, whom We inioyne to performe the &s;ame accordingly, to the intent that all tho&s;e charges and extraordinarie expences, which Merchants may be put vnto, in following their &s;uits again&s;t their Factors and dealers, before many Iudges, might by this meanes be vtter|ly auoided.</P>
<P>Furthermore, We haue permitted and do giue authoritie to the &s;aid Pri|or
<PB REF="10">and Con&s;uls, that al &s;uch penalties of moneyes as by the~ &s;hall be inflicted vp|on men for co~tempts, or any other of|fences, &s;halbe forfeited, the one halfe to Vs, the other halfe to the v&s;e of the &s;aid Common place, or Bour&s;e of <HI>Roane,</HI> to &s;upply the wants thereof; Allowing them likewi&s;e, ab&s;olute libertie and power, to chu&s;e and con&s;titute one Coun&s;ellour, and one Atturney, who &s;hall by all lawfull meanes, labour the benefit and aduauncement of the &s;ayd place, and &s;hall defend the &s;ame; to di|rect their proces and cau&s;es, a&s;well be|fore the &s;aid Priors and Con&s;uls, as be|fore all other Iudges.</P>
<P>And to the end, that the Merchants may a&s;&s;emble them&s;elues, as well to cou&s;ult of their common affaires, as to con&s;titute the &s;ayd Coun&s;ellour and Atturney, without being &s;ubiect to re|paire to Vs, or to our Iudges for leaue, when need &s;hall require. Therefore all &s;uch Iudgements as &s;hall pa&s;&s;e before the Prior and Con&s;uls, being &s;ealed with their &s;eales, and &s;igned by a Regi|&s;ter by them appointed, be it by impri|&s;onment,
<PB REF="11">&s;ale, di&s;po&s;ing of goods, or otherwi&s;e, &s;hall be held for reall and lawfull, being pa&s;t in maner afore&s;aid; without any con&s;traint to obtaine our further permi&s;&s;ion or liking, euen ac|cording as was permitted by our mo&s;t honourable father the King, vnto the Merchants of our Citie of <HI>Lyons,</HI> by his Letters pattents; Giuen in the month of February, in the yeare of our Lord, 1535. Re&s;eruing vnto our &s;aid Court of Parliament, at our &s;aid Citie of <HI>Roane,</HI> for a la&s;t conclu&s;ion; and by appeale, the iuri&s;diction and knowledge of the &s;ayd di&s;cords and differences.</P>
<P>And to the end that all &s;uch appeales as &s;hall proceed, by rea&s;on of the iudge|ments and &s;entences that &s;hall be giuen and declared by the &s;aid Prior &amp; Con|&s;uls, may be &s;peedily and without delay ended in our &s;ayd Court, We haue ordained, and do ordaine, inioyne, and commaund, all our louing and tru&s;tie Pre&s;idents, and Councellours, (hol|ding our &s;ayd Court of Parliament) to declare to the &s;aid Merchants, without delay, one day in euery weeke, &s;uch as
<PB REF="11">they &s;hall thinke conuenient; to heare. determine, and di&s;patch the &s;ayd ap|pellations, by order of Role, for that purpo&s;e ordained. And in regard of the proces by writing, there &s;hal be one other Role made apart, to the end that the &s;aid appeales may be ended in the &s;ame day, to auoid the prolonging of &s;uites, to the ruine and con&s;uming of the &s;uters. And to the end that the &s;aid place of meeting of the Merchants, twi&s;e a day, may be quiet and without di&s;turbance; Our plea&s;ure is, and We do &s;traightly command, that none of our Serieants and Officers, pre&s;ume to enter into the &s;ame place, nor to make any arre&s;t (for any cau&s;e) of any per&s;on what&s;oeuer, during the time of tho&s;e two accu&s;tomed houres of meeting. And if &s;uch arre&s;t &s;hould be made du|ring the &s;ayd houres; We haue decla|red heretofore, and do declare at this pre&s;ent, the &s;ame to be voyd and in&s;uf|ficient: charging all our Iudges, not to haue any regard thereunto.</P>
<P>And as We are informed, that the Trade of <HI>A&s;&s;urances,</HI> is of late greatly
<PB REF="12">aduanced by the Merchants of the &s;aid Citie of <HI>Roane,</HI> (a work &s;o honourable) that it doth euen beautifie and greatly aduance the Trade, and Commerce of the &s;ayde Citie. We (to the ende tho&s;e &s;ayd policies of the &s;ayd <HI>A&s;&s;uran|ces,</HI> and all other writings thereunto belonging, may receiue full vigor) haue permitted, and do permit, that all Merchants frequenting the &s;ayd place, (both now and hereafter) to come to a&s;&s;emble them&s;elues at all times, when it &s;hall be needfull; to chu&s;e and nomi|nate according to the mo&s;t voyces, one Merchant among&s;t them (&s;uch a one as they &s;hall thinke meete, being a man tru&s;tie and expert in the knowledge of the Trade of <HI>A&s;&s;urances</HI>) who &s;hal make and regi&s;ter the &s;ayd policies, where|vnto the A&s;&s;urers &s;hall &s;et their hands at all times hereafter in the &s;ayd place and liberties of <HI>Roane,</HI> when as it &s;hall plea&s;e the Merchants: who&s;e office &s;hal likewi&s;e be, to draw foorth accounts of &s;uch arrerages as &s;hal happen, (being thereunto called) receiuing for his paines, and time &s;pent about the bu&s;i|ne&s;&s;e
<PB REF="12">of the &s;ame <HI>A&s;&s;urances,</HI> according as it &s;hall be thought meete by the &s;ayd Merchants: And keepe a perfect &amp; true Regi&s;ter of the &s;ame <HI>A&s;&s;urances,</HI> To the which Regi&s;ter and Coppies thereof, and all other Acts and writings by him made, concerning matter of <HI>A&s;&s;urances,</HI> and by him a&s;&s;igned; We will and or|daine, that all maner of credite &s;hall be thereunto giuen, before all Iudges, and others to whom it &s;hall appertaine, without that any other per&s;on or per|&s;ons, &s;hall haue to do, or meddle in the &s;ayd bu&s;ines of <HI>A&s;&s;urances,</HI> or any thing thereunto belonging; vnle&s;&s;e he be be|fore cho&s;en and admitted thereunto, by the &s;ayd Prior and Con&s;uls, and by the &s;ayd Merchants as before&s;aid.</P>
<P>And We do commaund, and giue in charge, to al per&s;ons holding our courts of <HI>Parliament, Great Coun&s;els, Admirals, Viceadmirals, Stewards,</HI> and their <HI>Depu|ties,</HI> and to all other Iudges and Offi|cers whom it &s;hall concerne, that you do cau&s;e to be read, proclaimed and re|gi&s;tred, this our pre&s;ent Will, Declara|tion, Permi&s;&s;ion, and Ordinance; and
<PB REF="13">the &s;ame to be ob&s;erued and kept by all them accordingly. That the Merchants may v&s;e and inioy the force and benefit therof, plainly and peaceably, without any contradiction.</P>
<P>Moreouer, We do charge and com|mand our <HI>Atturney Generall,</HI> that he do withall diligence, cau&s;e all the&s;e things to be plainly &amp; truly executed, and that he do certifie vs of his dilige~ce &s;o done: For &s;uch is our plea&s;ure, for that of our meere motion &amp; power, We will haue it done, notwith&s;tanding any Ordi|nance, Cu&s;tomes, Statutes, Priuiledges, Commaundements, Defences, or Let|ters to the contrary, the which in this cau&s;e, without doing preiudice to other cau&s;es, We haue made voyde, and do hereby make voyd. And for that men &s;hall haue occa&s;ion to v&s;e this our Graunt in diuers places; Our plea&s;ure is, that credite &s;hall be giuen, to all &s;uch Coppies, as &s;hall be made by any of our louing and tru&s;tie Notaries, and Secre|taries, or vnder our Royall Seale, in as amplemaner, as to the originall.</P>
<P>And to this effect, We do giue you
<PB REF="13">full power, Authoritie, Commi&s;&s;ion, and &s;peciall charge: Commanding by the&s;e pre&s;ents, all our Iu&s;tices, Officers, and Subiects, to obey you in this ca&s;e. And to the end this may remaine e&s;ta|bli&s;hed for euer, (Our owne right in all other cau&s;es re&s;erued,) We haue here|vnto cau&s;ed our Seale to be put. Giuen at <HI>Paris,</HI> in the Moneth of March, and in the yeare of our Lord, 1556. And the tenth yeare of our Reigne, and &s;ig|ned by the King, then in councell, and &s;ealed with greene Waxe, vpon a pen|dant of red and greene &s;ilke lace.</P>
</DIV1>
<DIV1 TYPE="author's statement">
<PB REF="14">
<HEAD>THE AVTHOR, <HI>WI|&s;heth to all</HI> Merchants, <HI>health.</HI></HEAD>
<P>_WOrthy Merchants, the King our &s;oueraigne Lorde (in who&s;e bo|&s;ome, Iu&s;tice and Right, liue in &s;afe protection) knowing what Priuiledges, not onely He, and his Predece&s;&s;ors, but al&s;o all the Romane Emperours, haue graunted vnto you, in regard of the Trade of Merchandize, and the order of Exchange, both of gold and &s;iluer: hauing made you thereof ab&s;olute Iudges, for the ea&s;e of all other Iudges, who in &s;uch ca&s;es can doe nothing, without calling you to be Arbitrators. For the better admini&s;tration therfore, of Iu&s;tice to his &s;ubiects, in all &s;uch cau|&s;es which in times pa&s;t were re&s;erued to your vnder&s;tandings: And for that
<PB REF="14">you may perceiue your authoritie and iuri&s;diction, not to be a new thing, or of late deui&s;ed, (but fir&s;t founded by the Greekes, from whom the Ro|maines haue taken their groundes, I haue thought good, for your more ea&s;e, brieflie to comprehend and to &s;et downe in writing (although not all) yet at the lea&s;t a good part of your power and authoritie; And to &s;hew you in a manner the Kings plea&s;ure, how you may proceed and keepe your auncient Priuiledges, and that with|out doubting of your authoritie, you may &s;peedily proceed, to iudge of all &s;uch differences, as doe appertaine to your knowledge. De&s;iring you, to take this in good part, &amp; to defend the &s;ame again&s;t all tho&s;e, that will enuie, not on|ly me; but your &s;elues.</P>
</DIV1>
<DIV1 TYPE="text">
<DIV2 TYPE="part">
<PB REF="15">
<HEAD>A rea&s;on wherefore this auncient Au|thoritie was granted to Merchants.</HEAD>
<P>THERE be two things that cau&s;e a Common-wealth to flouri&s;h, and are maine &s;upporters and pillars to the &s;ame; The Trafficke and v&s;e of Mer|chandizing, is the fir&s;t: For by it, the &s;uper&s;luity of tho&s;e Co~modities, which in &s;ome one Countrey, grow ranke and abundaunt, are tran&s;ported ouer into others; In who&s;e &s;tead, the needfull Commodities of tho&s;e other King|domes are returned thither. For which cau&s;e the Emperour, commanded all his Iudges, and gouernours of Prouin|ces, to hold the &s;ame in great e&s;tima|tion. The &s;econd, is the Order and cu&s;tome of Exchange, whereby any mans need may be &s;upplied in all places where&s;oeuer, onely by a bill of Ex|change (of a Merchants of credite) without endangering either his goods or per&s;on: A thing mo&s;t profitable as reporteth <HI>Papinian:</HI> So that the aunci|ent Law-makers (perceiuing that Mer|chants
<PB REF="15">were the fir&s;t &s;etters vp and in|uentors of Comerce, for buying and &s;elling, together with the order and v&s;e of Exchange: and that they had therof the be&s;t &amp; &s;ounde&s;t vnder&s;tanding, did wi&s;ely in&s;titute them, onely to bee the principall Iudges thereof: whereby it appeareth to bee no newe authoritie, who&s;e beginning grew vp, euen with the be&s;t gouerned Common-wealths: As may bee proued by infinite exam|ples both of Greekes and Latines.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>The number of Officers, appertaining to the &s;aid Iuri&s;diction and of their power.</HEAD>
<DIV3 N="1" TYPE="article">
<HEAD>ARTICLE. 1.</HEAD>
<P>THere is one Prior, and two Con|&s;uls, carying tho&s;e Titles, accor|ding to the Kings plea&s;ure, being re|nued euery yeare, about Twelfe-tide, at which time all the Merchants (as wel Burge&s;&s;es as Strangers) are a&s;&s;embled in one place; where after they haue gi|uen pray&s;es to God, choy&s;e is made of
<PB REF="16">the &s;ayde Prior and Con&s;uls, by mo&s;t voyces; In which election, euery Mer|chant hath their voyces, according to the number of Magi&s;trates whom they are to choo&s;e: the manner of gi|uing their voyces being done &s;eretly, either in the fauour or refu&s;all, of tho&s;e that are nominated. As fir&s;t for the Prior, then for the fir&s;t Con&s;ull, and next for the &s;econd Con&s;ull: And &s;o giue they the &s;ame, to the Notarie of their Regi&s;ters. And who&s;oeuer hath the mo&s;t voyces in the election of the Prior, is Prior: and &s;o con&s;equently for the Con&s;uls: Following orderly, the choi&s;e of the fir&s;t, and next after the &s;e|cond: being a thing mo&s;t commenda|ble and requi&s;ite, for the auoyding of all affection and corruption. The Pre|&s;ident whereof, being taken from the Greekes, who by the &s;ame cour&s;e did make choice of their Magi&s;trates and Gouernours.</P>
</DIV3>
<DIV3 N="2" TYPE="article">
<HEAD>ARTIC. 2.</HEAD>
<P>Item, the Prior and Con&s;ulls new|ly cho&s;en, doe take their oath of the
<PB REF="16">old ones, and immediatly being &s;et in the manner and forme of the for|mer; they take the &s;ame oath, in pre|&s;ents of all the Merchants there a&s;&s;em|bled; promi&s;ing duely and faithfully to execute Iu&s;tice, without any regard, ei|ther to poore or rich, as other Iudges doe, when they are newly e&s;tabli&s;hed in their gonernment.</P>
</DIV3>
<DIV3 N="3" TYPE="article">
<HEAD><HI>ARTIC.</HI> 3.</HEAD>
<P>Item, the &s;ayde Prior and Con&s;uls, pre&s;ent, or to be cho&s;en hereafter, may call vnto them, twentie Merchants, or a greater number to a&s;&s;i&s;t the~, as Coun|&s;ellours, for the vnder&s;tanding and de|ciding of all &s;uch differences, as apper|taine to their knowledge: and to vrge the &s;aide Merchants thereunto, vpon their oathes: in &s;uch &s;ort, as other Iudges doe (with &s;uch Coun&s;ellours as they make choi&s;e of, to a&s;&s;i&s;t them) in like ca&s;e; in regard of their Authoritie.</P>
</DIV3>
<DIV3 N="4" TYPE="article">
<HEAD><HI>ARTIC.</HI> 4.</HEAD>
<P>Item, the &s;ayd Priors and Con&s;uls,
<PB REF="17">may con&s;titute one Coun&s;ellour, and one Atturney, to procure the good and maintenance of the &s;ayd Common place, &amp; to defend the &s;ame in all right|full cau&s;es, and to conduct (as Iudges) both the &s;uites, bu&s;ine&s;&s;es, profits, and preferments of the &s;ame place, as well before the &s;aid Prior &amp; Con&s;uls, as be|fore all other Iudges where&s;oeuer.</P>
</DIV3>
<DIV3 N="5" TYPE="article">
<HEAD><HI>ARTIC.</HI> 5.</HEAD>
<P>Item, the &s;ayd Coun&s;ellour and At|turney, &s;halbe cho&s;en by the mo&s;t voi|ces of all the Merchants, a&s;&s;embled to|gether for that purpo&s;e: And not at the will and plea&s;ure of the Prior and Con|&s;uls: and are to be changed euery yeare, according to the wils and di&s;cretions of the &s;ame Mercha~ts of the &s;ame place; hauing taken a generall deliberation thereof, according to the tenure of the &s;aid Letters Patents of the Moneth of May, the Kings plea&s;ure being well vnder&s;tood.</P>
</DIV3>
<DIV3 N="6" TYPE="article">
<HEAD><HI>ARTIC.</HI> 6.</HEAD>
<P>Item, the &s;aid Prior and Con&s;uls, &s;hal take the oaths of the &s;ayd Coun&s;ell our
<PB REF="17">and Atturney, that they &s;hall procure as well the good and profit of the &s;ame place; as the credite &amp; increa&s;e of their Authoritie, and the &s;ame &s;hall defend again&s;t all men: And they &s;hall neuer giue coun&s;ell to the contrary, by any meanes what&s;oeuer.</P>
</DIV3>
<DIV3 N="7" TYPE="article">
<HEAD><HI>ARTIC.</HI> 7.</HEAD>
<P>Item, the &s;ayd Prior and Con&s;uls, may call to their a&s;&s;i&s;tance, the &s;ayde Coun&s;ellour and Atturney, that with them &amp; the &s;aid other Merchants, they may iudge and decide all &s;uites and differences, appertaining to their know|ledge.</P>
</DIV3>
<DIV3 N="8" TYPE="article">
<HEAD><HI>ARTIC.</HI> 8.</HEAD>
<P>Item, the &s;ayd Prior and Con&s;uls, of their owne authoritie, may appoint &s;uch a Regi&s;ter, as they &s;hall thinke meete, to keepe their Regi&s;ters, who &s;halbe changeable euery yere, as are the Prior and Con&s;uls; The which Regi|&s;ter &s;hall &s;ub&s;cribe to all Acts, that &s;hall pa&s;&s;e during their gouernment, and by him done, vnder the title of a Regi&s;ter, As is contained in the Letters Patents, of the Moneth of May.</P>
</DIV3>
<DIV3 N="9" TYPE="article">
<PB REF="18">
<HEAD><HI>ARTIC.</HI> 9.</HEAD>
<P>Item, all Me&s;&s;engers, and &s;uch like Officers of the Kingdome, are con&s;trai|ned by the King, to obey the &s;aid Prior and Con&s;uls, and duely and amply to execute, all and euery their Comman|dements, Commi&s;&s;ions, Sentences, ei|ther definitiue or otherwi&s;e; And all the iudiciall Acts and Decrees, of the &s;aid Prior and Con&s;uls, in euery place of the Kingdome, like as of the Iudges in all other Gouernements, whereas the &s;aid Me&s;&s;engers and like Officers, doe exerci&s;e their Offices: and vnder the &s;ame penalties to bee layd vpon them without default, like as they may be con&s;trained to obey other Iudges, as is contained in the &s;ayd Letters Pa|tents of the Moneth of May.</P>
</DIV3>
<DIV3 N="10" TYPE="article">
<HEAD><HI>ARTIC.</HI> 10.</HEAD>
<P>Item, all Iaylors and keepers of Pri&s;ons, are &s;ubiect to receiue and keepe the pri&s;oners committed vnto them,
<PB REF="18">by the &s;aid Prior and Con&s;ulls, as they doe the pri&s;oners of all the other Iud|ges, and vnder the &s;ame penalties and bonds, if any e&s;cape happen, euen like as they are &s;ubiect to keepe the pri&s;o|ners by authoritie of the other Iudges of the kingdome, as is contained in the &s;aid Letters Patents of the moneth of May.</P>
</DIV3>
<DIV3 N="11" TYPE="article">
<HEAD>ARTIC. 11.</HEAD>
<P>Item, the Kings plea&s;ure is, that all the &s;aid Me&s;&s;engers and &s;uch like Offi|cers, And all Iaylors and Keepers of pri&s;ons within all his Dominions, &s;hall obey the &s;aid Prior and Con&s;uls, with|out demanding leaue or other Licence of other Iudges, within who&s;e gouern|ment they do dwell, and exerci&s;e the charge of their Office, according as the late King <HI>Francis</HI> (of noble memory) hath graunted to the Con&s;eruator of the Fayres of <HI>Lyon,</HI> in the moneth of February, in the yeare of our Lorde GOD, 1535. As in the lyke
<PB REF="19">authoritie, the Prior and Con&s;ulls of the Bour&s;e of <HI>Thoulouze</HI> haue bin e&s;ta|bli&s;hed, by this King pre&s;ent, As is con|tained in the Letters Patents hereafter &s;pecified.</P>
</DIV3>
<DIV3 N="12" TYPE="article">
<HEAD>ARTIC. 12.</HEAD>
<P>Item, the Kings plea&s;ure is, and he doth permit &amp; &s;uffer the &s;aid Prior and Con&s;uls, to make choi&s;e, &amp; to appoint, within all the Townes, Villages, and other places, of the Prouinces of <HI>Lan|guedocke</HI> and <HI>Lorogois,</HI> certaine good, faithfull, and expert men, to &s;earch all the merchandizes, which is growing and v&s;ed in the &s;aid Prouinces, to &s;ee if there be any abu&s;e, fraude, falcificati|on, or other deceit in any of the &s;aide merchandizes: And according to the report of the &s;aid Searchers, to puni&s;h the offenders, according to their de|&s;erts, and power of their authoritie, for the benefit of the &s;aid merchandizes, as is contained in the &s;aid Letters Pa|tents of the moneth of May.</P>
</DIV3>
<DIV3 N="13" TYPE="article">
<PB REF="19">
<HEAD><HI>ARTIC.</HI> 13.</HEAD>
<P>Item, the &s;aide Prior and Con&s;ulls, may place, one or more Vi&s;itors or Searchers for the abou&s;e&s;aid cau&s;es, in all places wheras they &s;hall think meet, for the true maintenance of all mer|chandizes: And the &s;aid Searchers &s;o placed, they &s;hall take their oathes in all things requi&s;ite, to di&s;charge their Offices faithfully, and truly, and accor|ding to a good con&s;cience: And to &s;earch the &s;aid merchandizes, whereof, and by whom they &s;hal be required ac|cordingly, for the re&s;pects conteined in the former Article: And the charges that &s;hall ari&s;e, to be laide vpon the of|fenders, according to the report of the &s;aid Searchers, to whom the &s;aid Prior and Con&s;ulls &s;hall &s;et downe a rea&s;o|nable Salary, or reward, to be pre&s;ent|ly paid vnto them without any circum|&s;tance; to the end not to feare the par|ties offending, by colour of &s;uire, as the Kings plea&s;ure is, in the &s;aide Letters Patents of the moneth of May.</P>
</DIV3>
<DIV3 N="14" TYPE="article">
<PB REF="20">
<HEAD>ARTIC. 14.</HEAD>
<P>Item, the &s;aid Prior and Con&s;ulls, may place the &s;aid Searchers to take view of all Woods, Saffrons, Woolls, and all other merchandize that &s;hall be growing and v&s;ed in the &s;aide Prouin|ces of <HI>Languedocke</HI> and <HI>Lorogois,</HI> As is contained in the &s;aid Letters Patents of the moneth of May.</P>
</DIV3>
<DIV3 N="15" TYPE="article">
<HEAD>ARTIC. 15.</HEAD>
<P>Item, the &s;aid Vi&s;itors or Searchers, being cho&s;en as before is &s;aid, &s;hall be &s;ubiect vpon any &s;ommons or reque&s;t made vnto the~, by any Merchant that pretendeth any merchandizes to be fal&s;ified, or any other deceit to be fou~d in it, that they &s;hould execute their Of|fices, be it either in the Kings name, or in the name of the &s;aid Prior and Con|&s;ulls, without other expre&s;&s;e comman|dement from the &s;aid Prior and Con|&s;uls: And &s;hall duly and truly &s;earch the merchandize whereof they &s;hall be re|quired, vpon the like paines and for|feitures,
<PB REF="20">as &s;hould haue bene laide vp|on him, who by their report, &s;hould haue bene found culpable, to the ende that the parties offending, &s;hould not be made afraide by Letters, nor no o|ther meanes v&s;ed in the other Iuri&s;dic|tions, for the gaine &amp; profit of the Iud|ges and their Mini&s;ters, Con&s;idering that the &s;aid Searchers &s;hall be cho&s;en and con&s;tituted, as before is &s;aid.</P>
</DIV3>
<DIV3 N="16" TYPE="article">
<HEAD>ARTIC. 16.</HEAD>
<P>Item, the &s;aid Searchers may (in the Kings name, and in the name of the &s;aide Prior and Con&s;ulls) commaund euery man whom it &s;hall concerne, to bring foorth all their merchandizes, which they &s;hall be required to &s;earch, that they may truly di&s;charge their Of|fice: And if any man &s;hall in &s;uch ca&s;e refu&s;e to bring forth his goods, They &s;hall Sommon them (&s;o refu&s;ing) to appeare before the &s;aid Prior &amp; Con|&s;ulls, that they may take order therein according to rea&s;on.</P>
<PB REF="21">
</DIV3>
<DIV3 N="17" TYPE="article">
<HEAD>ARTIC. 17.</HEAD>
<P>Item, the &s;aide Prior and Con&s;ulls, may puni&s;h &s;uch as &s;hal cau&s;e any mer|chandizes to be &s;earched, if by the Vi|&s;itors, the &s;ame merchandizes &s;hall be found good and lawfull: as contrari|wi&s;e, they may puni&s;h the Refu&s;ers, or them that haue committed any fault in their merchandizes, in &s;uch penalties as the ca&s;e &s;hall require, and as their au|thoritie may v&s;e.</P>
</DIV3>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Of the Forfeitures and puni&s;hments, and what &s;eale the &s;aid Prior and Con&s;ulls may v&s;e.</HEAD>
<DIV3 N="1" TYPE="article">
<HEAD>ARTIC. I.</HEAD>
<P>Item, the &s;aid Prior and Con&s;uls, to entertaine, con&s;erue, and defend their authoritie, may for euery offence, v&s;e only the penaltie &amp; forfeitures of mo|ney, and &s;hall apply the &s;ame, the one halfe for the King, the other half to the partie, according to his de&s;ert: As is contained in the &s;aide Letters Patents of the moneth of May.</P>
</DIV3>
<DIV3 N="2" TYPE="article">
<PB REF="21">
<HEAD>ARTIC. 2.</HEAD>
<P>Item, the &s;aide Prior and Con&s;ulls may without di&s;pear&s;ing of the goods, proceed by &s;eque&s;tration, arre&s;t &amp; im|pri&s;onment of the per&s;ons, who by them &s;hall be condemned, vntill their &s;entence be fully executed, according to &s;uch forme and order, as the Con|&s;eruator of the Fayres of <HI>Lyon, Brie,</HI> and <HI>Champaigne,</HI> doe v&s;ually ob&s;erue, as is conteined in the &s;aide Letters Patents, of the moneth of February hereafter expre&s;&s;ed.</P>
</DIV3>
<DIV3 N="3" TYPE="article">
<HEAD><HI>ARTIC.</HI> 3.</HEAD>
<P>Item, to giue force and authoritie to all the Iudiciall Acts (being done by the authoritie of the &s;aid Prior &amp; Con|&s;ulls,) the &s;ame &s;hall be &s;ealed with the Armes and Ca&s;het of the &s;aid Prior, or of one of the &s;aid Con&s;ulls, who hath iudged the &s;aide Acts, And the &s;ame &s;hall be &s;ub&s;cribed by their Notary, e|uen as it is more amply expre&s;&s;ed, in the &s;aid Letters Patents of the moneth of May, being thereby prohibited, to v&s;e any of the Kings Seales, according to the tenour of the &s;aid Letters.</P>
</DIV3>
<DIV3 N="4" TYPE="article">
<PB REF="22">
<HEAD>ARTIC. 4.</HEAD>
<P>Item, the &s;aide Prior and Con&s;ulls, hauing knowledge of any fraude, or other deceits, to be v&s;ed by any man, they may cau&s;e the body of the offen|der to be committed, &amp; proceed with the offender, &s;o far as his offence &s;hall co~cern trade of merchandize, Change, or Rechange, although the King be in|tere&s;ted therein; Prouided that they proceed no further, then concerneth matters of merchandizes, Change, and Rechange: And for his other puni&s;h|ment for other vices, they &s;hall deliuer the per&s;ons to the Iudges, to whome doth appertaine the knowledge there|of, for the better puni&s;hing of the of|fender, and the correcting of all other vices, and not otherwi&s;e.</P>
</DIV3>
<DIV3 N="5" TYPE="article">
<HEAD>ARTIC. 5.</HEAD>
<P>Item, all Iudgements of the &s;aide Prior and Con&s;ulls, may be executed throughout all the Kings Dominions, be it by Attachment of goods and &s;ale thereof, arre&s;t, and impri&s;onment of the per&s;ons condemned, as al&s;o by pe|nalties
<PB REF="22">and forfeitures of mony, accor|ding to the cau&s;e of the offence, &amp; the authoritie of the &s;aid Prior and Con|&s;ulls, As is contained in the &s;aid Letters Patents of the moneth of May.</P>
</DIV3>
<DIV3 N="6" TYPE="article">
<HEAD>ARTIC. 6.</HEAD>
<P>Item, all Iudgments, Sentences, Or|dinances, Commi&s;&s;ions, Decrees and Commaundements, as well de&s;initiue as otherwi&s;e, being done and iudged by the &s;aid Prior and Con&s;ulls, for all matters perteining to their knowledge are of effect and force, through all the Kings Dominions: As is conteined in the &s;aid Letters Patents in the moneth of May: and others of the moneth of February, hereafter &s;pecified, accor|ding to the order, as well of the Con|&s;eruator of <HI>Lyon,</HI> as of other Iudges.</P>
</DIV3>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Who are &s;ubiect to the authoritie of the &s;aid Prior and Con&s;ulls, and who are exempt.</HEAD>
<DIV3 N="1" TYPE="article">
<HEAD>ARTIC. 1.</HEAD>
<P>Item, all noble per&s;onages &amp; others,
<PB REF="23">all &s;pirituall men, and lay-men, of age, or vnder age, or their deputies, v&s;ing and exerci&s;ing the Trade of merchan|dize or exchange, &s;hall in that re&s;pect be &s;ubiect to the power and authoritie of the &s;aide Prior and Con&s;ulls, with|out any maner of exception, as is con|tained in the &s;aide Letters Patents, of the moneth of May, &amp; the Re&s;trictions therof, co~tained in the Letters Patents, Giuen at <HI>Fountain Bleau,</HI> the &s;euenth of December, in the yeare 1551: And publi&s;hed in the Parliament at <HI>Thou|louze,</HI> the ninth of February in the &s;ame yeare.</P>
</DIV3>
<DIV3 N="2" TYPE="article">
<HEAD>ARTIC. 2.</HEAD>
<P>Item, all Seruants, Factors, Dealers, Intermedlers, and others, of what qua|litie &s;oeuer they be, being &s;ent by the Merchants of the &s;aide <HI>Thoulouze,</HI> into any place, Countries, Dominions, or Prouinces, beeing either within or without the Kings Dominions, for the Trade of merchandizes or exchanges, are &s;ubiect to the authoritie of the &s;ayd Prior and Con&s;ulls, onely in the re|&s;pect of the Trade of merchandize and
<PB REF="23">exchange. And all other Iudges are forbidden co~cerning &s;uch debates and differences, growing between the &s;aid Merchants, and the parties aboue &s;pe|cified in this Article, onely to auoyde the fraudes, abu&s;es, and ill demeaners of the &s;aid &s;eruants and dealers, and for other good rea&s;ons, conteined in the &s;aide Letters Patents of the moneth of May.</P>
</DIV3>
<DIV3 N="3" TYPE="article">
<HEAD>ARTIC. 3.</HEAD>
<P>Item, all the heires of &s;uch men, as are &s;ubiect to the &s;aid authoritie, of the &s;aid Prior &amp; Con&s;uls, and by them &s;hal be arre&s;ted &amp; impri&s;oned, are exemp|ted: And the &s;aide Prior and Con|&s;ulls &s;hall not haue to do, to arre&s;t the bodies of the &s;aid heires, but the &s;ame &s;uite &s;hall proceed before the Lordes of the Court of Parliament of the &s;aid <HI>Thoulouze,</HI> according to the effect of the Letters of the eight day of March, in the yeare 1551. grounded a&s;wel by common rea&s;on of Right, as by the Kings Ordinances in the <HI>Rewbricke</HI> of Letters Obligatories.</P>
</DIV3>
<DIV3 N="4" TYPE="article">
<PB REF="24">
<HEAD>ARTIC. 4.</HEAD>
<P>Item, all Noble per&s;onages, Lawiers and Officers, are exempt from the &s;aid authoritie, although they haue bought Cloath of what kind &s;oeuer, borrowed mony or other merchandizes for their nece&s;&s;ary v&s;es, according to their e&s;tate and callings: As is conteined in the re|&s;traints of the &s;aide Letters Patents of the moneth of May.</P>
</DIV3>
<DIV3 N="5" TYPE="article">
<HEAD>ARTIC. 5.</HEAD>
<P>Item, all Oppo&s;ers again&s;t the Sen|tences &amp; Decrees of the &s;aid Prior and Con&s;ulls, are exempt from the &s;aid au|thoritie, and they cannot thereby be con&s;trained to bring their cau&s;es of op|po&s;ition before the &s;aid Prior &amp; Con|&s;uls: But they &s;hall return the &s;ame vn|to the Iudges, to whom the knowledge thereof doth appertaine: who hauing heard the &s;ame, and giuen &s;entence thereof, and the execution being ac|compli&s;hed, both for the right of the King, and the performance of Iu&s;tice, or otherwi&s;e ordeined by the Iudge to
<PB REF="24">whom the knowledge of the &s;aid op|po&s;itions doth appertaine: As is con|teined in the Re&s;traints of the &s;aid Let|ters Patents of the moneth of May.</P>
</DIV3>
<DIV3 N="6" TYPE="article">
<HEAD>ARTIC. 6.</HEAD>
<P>Item, all Appeales of the Sentences and Ordinances of the &s;aid Prior and Con&s;ulls, &s;hall be brought immediate|ly into the Court of Parliament of the &s;aid <HI>Thoulouze:</HI> And none other Iudge can reform the Iudgements of the &s;aid Prior and Con&s;ulls: As is conteined in the Letters of the moneth of Iuly, 1549 And of the moneth of May, 1551.</P>
</DIV3>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Three Additions to re&s;olue two difficulties.</HEAD>
<DIV3 N="1" TYPE="article">
<HEAD>ARTIC. 1.</HEAD>
<P>Item, all that be exempted from the Iuri&s;diction of the &s;aide Prior &amp; Con|&s;ulls, cannot by any meanes &s;ubmit the~&s;elues therevnto, to take any benefit
<PB REF="25">thereof, vnle&s;&s;e it bee by the Kings ex|pre&s;&s;e Commandement, or con&s;ent of the other Iudges, in &s;peciall fauour and regard of the cau&s;es of the &s;aid exempti|ons, wherein the &s;ayd Prior &amp; Con&s;uls mu&s;t be wi&s;e and diligent, to auoyd the offence of ra&s;h and fearefull Iudges.</P>
</DIV3>
<DIV3 N="2" TYPE="article">
<HEAD>ARTIC. 2.</HEAD>
<P>Item, &s;auing &amp; excepting the heires of &s;uch as be dead, that were in their life time, &s;ubiect to the &s;aide Authoritie, which heires (the debts owing by their Predece&s;&s;ors being proued, and they &s;ubmitting them&s;elues againe by new Obligations to the rigor of the &s;ayde Authoritie) may bee con&s;trained by arre&s;t, and impri&s;onment of their per|&s;ons: Renouncing the Priuiledges of the &s;ame Articles, made only in the fa|uour of the &s;aid heires; As by the &s;ayde Article before alleaged doth appeare.</P>
</DIV3>
<DIV3 N="3" TYPE="article">
<HEAD>ARTIC. 3.</HEAD>
<P>Item, excepting the heires &amp; Succe&s;|&s;ors
<PB REF="25">of Merchants, freque~ting the &s;ame Bour&s;e, who, of what e&s;tate, profe&s;&s;ion, or qualitie &s;oeuer they be, either Noble or head Officers of the &s;ayd Citie of <HI>Thoulouze,</HI> or of any other conditio~, not v&s;ing nor profe&s;&s;ing the Trade of Mer|chandizing or Exchange, &s;hall be con|uented, adiourned, and pur&s;ued by all due wayes, &amp; rea&s;onable cour&s;es, euen as their Predece&s;&s;ors Merchants &s;hould haue beene, if they had liued, before the &s;aid Priorand Con&s;uls, for all things concerning the Trade of Merchandize, and matters of Exchange, done and v|&s;ed by their &s;ayde Predece&s;&s;ors Mer|chants, without pretending or allea|ging any di&s;abilitie or in&s;ufficiencie, by rea&s;on of their E&s;tate. Prouided al|wayes, that the &s;uing of them &s;hall bee done, without arre&s;ting or impri&s;oning of their per&s;ons: And the &s;ayd heires (of what condition &s;oeuer they bee) may &s;ue, or cau&s;e to bee &s;ued, all other Merchants for the cau&s;es and rea&s;ons before rehear&s;ed, before the &s;ayd Prior and Con&s;uls, and no where el&s;e: As is contained in the &s;aid Letters Patents of
<PB REF="26">the Moneth of Februarie, and as in all common right is ob&s;erued.</P>
</DIV3>
</DIV2>
<DIV2 TYPE="part">
<HEAD>What matters are &s;ubiect to the &s;ayd Autho|ritie, and what matters are not.</HEAD>
<DIV3 N="1" TYPE="article">
<HEAD>ARTICLE. 1.</HEAD>
<P>Item all debates and differences, by rea&s;on of trafficke, and dealing in Mer|chandize, or cau&s;e of Exchange, be it by Obligation, Bill of debt, Receites, Blankes &s;igned, Letters of Exchange and Rechange, Suerti&s;hips, Partner|&s;hips, (generall or particular) nominati|ons of the &s;ufficiencie of men, or pla|ces where they dwell, Debts, A&s;&s;uran|ces, Accounts, or Auditings of accou~ts, Tran&s;pors, Bargaines, and all other Acts and things, with their circum&s;tan|ces, and what els belonging vnto them, do appertaine to the knowledge of the &s;ayd Prior &amp; Con&s;uls, as is contained in the &s;aid Letters Patents, of the Mo|neth of May.</P>
</DIV3>
<DIV3 N="2" TYPE="article">
<HEAD><HI>ARTIC.</HI> 2.</HEAD>
<P>Item, the impo&s;ition or A&s;&s;e&s;&s;ement of &s;uch nece&s;&s;ary Summes of monies,
<PB REF="26">as &s;halbe needfull for the building, buy|ing, or hiring of a place, fit for the exer|ci&s;es of the &s;aid Iuri&s;diction to be v&s;ed in, and for the profit of the &s;ayd co~mon Bour&s;e, &amp; of all things belonging there|vnto: As al&s;o for the entertayning (in good e&s;tate and due fourme) for the ea&s;e and benefite of the tran&s;portation of all Merchandize, along&s;t the Riuers of <HI>Garona,</HI> and <HI>Geronda,</HI> from the &s;ayde Citie of <HI>Thoulonze,</HI> to the Citie of <HI>Bur|deaux,</HI> and of all other Riuers within the Countries of <HI>Languedocke,</HI> and <HI>Lorogois.</HI> Al&s;o the taxation and a&s;&s;e&s;&s;ement of euery Merchant (as well Inhabitant, as Stranger v&s;ing the Trade of the &s;aide <HI>Thoulouze</HI>) according to their abilities and dealings, doeth appertaine to the &s;aid Prior and Con&s;uls; as is contained in the &s;aid Letters Patents of the month of May.</P>
</DIV3>
<DIV3 N="3" TYPE="article">
<HEAD><HI>ARTIC.</HI> 3.</HEAD>
<P>Item, the &s;aid Prior &amp; Con&s;uls, may impo&s;e penalties of money, vpon all &s;uch Merchants as &s;hall ob&s;tinately re|fu&s;e to pay &s;uch &s;ums of money as are taxed vpon the~ for the cau&s;es aboue&s;aid
<PB REF="27">by the &s;aid Prior and Con&s;uls, and their Councell: And &s;hall con&s;traine them therevnto, by all due wayes, &amp; rea&s;ona|ble meanes, &amp; al&s;o by impri&s;onment of their per&s;ons, vntill &s;uch time as they &s;hall make payment of the monies im|po&s;ed vpon them, as afore&s;aid. And the penalties that &s;hal grow thereupon, &s;hall be di&s;po&s;ed of, by the Prior and Con&s;uls, the one halfe for the King, the other halfe for the benefite of the &s;ayde Bour&s;e; As is contained in the &s;aide Letters Patents of the Moneth of May.</P>
</DIV3>
<DIV3 N="4" TYPE="article">
<HEAD>ARTIC. 4.</HEAD>
<P>Item, there doth appertaine to the &s;aid iuri&s;diction of the &s;ayd Prior and Con&s;uls, the knowledge of rendring of accounts, payments of the whole, or of part, and all other things concerning the Trade of Marchandize, and order of Exchange: As is contained in the &s;aid Letters Patents, of the Moneth of May.</P>
</DIV3>
<DIV3 N="5" TYPE="article">
<HEAD>ARTIC. 5.</HEAD>
<P>Item, the puni&s;hing of all fraudes, abu&s;es, deceites, fal&s;ifications, and all
<PB REF="27">other ill dealings in Merchandizes, bought and v&s;ed in the &s;aide Countries of <HI>Languedocke</HI> and <HI>Lorogois:</HI> And all abu&s;es committed in the cour&s;e of Ex|changes: All this, in all rea&s;on, doth ap|pertaine to the &s;aid Prior and Con&s;uls, as is contained in the &s;aid Letters.</P>
</DIV3>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Matters wherein the Prior or Con&s;uls, are forbidden to deale withall.</HEAD>
<DIV3 N="1" TYPE="article">
<HEAD>ARTICLE. 1.</HEAD>
<P>Item, all matters criminall or offen|&s;iue, in regard whereof, the Kings At|turney is a partie, and thereby hath intere&s;t therein, as &s;al&s;ifying of Ob|ligations, and Billes of debt, or other writings, matters of reproch, or di&s;cre|dite of per&s;ons, thefts, and other euill and vnlawfull behauiours, done and committed, a&s;well by the &s;ayde Mer|chants, as by their Seruants, Factors, and Intermedlers in cau&s;es of Merchan|dize. As al&s;o all others, not exerci&s;ing the Trade of Merchandize, are forbid|den to be delt withall, by the &s;aid Prior and Con&s;uls, As is contained in the re|&s;traints
<PB REF="28">of the &s;aide Letters Patents, of the moneth of May, hereafter &s;pecified.</P>
</DIV3>
<DIV3 N="2" TYPE="article">
<HEAD>ARTIC. 2.</HEAD>
<P>Item, the &s;aid Prior and Con&s;uls, are not to deale with the co~tracts of V&s;ury, either fained, or otherwi&s;e vnlawfull, whereby the offender, by all rea&s;ona|ble iudgement de&s;erueth puni&s;hment: As is contained in the &s;aid re&s;traints.</P>
</DIV3>
<DIV3 N="3" TYPE="article">
<HEAD><HI>ARTIC.</HI> 3.</HEAD>
<P>Item, all Ciuill cau&s;es, between men, of what qualitie &s;oeuer, be&s;ides tho&s;e which concerne Trade of Merchan|dize, or matter of Exchange, bee it by gift of the dead, by Will, or in aduance|ment of Marriage, enterchanging of goods by con&s;ent, &amp; all other &s;uch like Contracts: be all exempted from the dealing of the &s;aid Prior and Con&s;uls: As is contained in the &s;aid re&s;traints.</P>
</DIV3>
<DIV3 N="4" TYPE="article">
<HEAD><HI>ARTIC.</HI> 4.</HEAD>
<P>Item, the &s;aid Prior and Con&s;uls, are not to deale with any oppo&s;ition, made vpon the execution of any of their Sen|tences, or ordina~ces; as is before expre&s;|&s;ed, and conteined in the &s;aid re&s;traints.</P>
</DIV3>
<DIV3 N="5" TYPE="article">
<PB REF="28">
<HEAD>ARTIC. 5.</HEAD>
<P>Item, the Authoritie of the &s;ayd Pri|or &amp; Con&s;uls, is onely in Ciuill cau&s;es, according as before is recited: and all &s;uch forfeitures as &s;hall happen, &s;hall be arbitrated by the di&s;cretion of the &s;aide Prior and Con&s;uls, and di&s;po&s;ed of, as before is &s;aid.</P>
</DIV3>
<DIV3 N="6" TYPE="article">
<HEAD>ARTIC. 6.</HEAD>
<P>Item touching all matters that con|cerne the Authoritie of the Prior and Con&s;uls, and doe appertaine to their knowledge, all other Iudges, their De|puties, or A&s;&s;ignes, within all the Kings Dominions, cannot impeach or gaine|&s;ay: Neither &s;hall they cro&s;&s;e or contra|dict any thing, directly, or indirectly, what&s;oeuer the &s;aid Prior and Con&s;uls, or their Officers &s;hall do: As is mentio|ned in the Letters Patents, in the Mo|neth of May.</P>
</DIV3>
</DIV2>
<DIV2 TYPE="part">
<HEAD>The matters wherein they may Sum|marily proceed.</HEAD>
<P>THe King in his &s;aid letters pate~ts, of the month of May, hath named &amp; &s;pecified the &s;aid matters Su~maries, the
<PB REF="29">knowledge whereof doth appertaine to the &s;aid Prior and Con&s;uls, which bee the&s;e: Knowledgement of Billes, Re|&s;criptions, Letters of Exchange, Let|ters of Aduice, Receites, Blanks &s;igned, Suerties, Garni&s;hment, &amp; Con&s;ignati|ons of monies, of what &s;umme &s;o euer: And all other circum&s;tances, belonging and concerning the Trade of Merchan|dize, and matters of Exchange; As is more amply contained in the Letters Patents, of the Moneth of May.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD><HI>The maner how to proceed in the &s;ayd</HI> Sum|marie <HI>matters inclu&s;iue, vntill defini|tiue &s;entence, according to the Kings Or|dinance.</HI></HEAD>
<DIV3 N="1" TYPE="article">
<HEAD>ARTICLE. 1.</HEAD>
<P>FIr&s;t, the &s;aid Prior and Con&s;uls, &s;hall cau&s;e all Complainants, at their fir&s;t comming before them, in per&s;on or by their Atturneyes &s;ufficiently authori|zed, to nominate a place in the &s;ame Towne, for his re&s;idence or abiding, and in default thereof, the &s;aid Prior and Con&s;uls, &s;hal refu&s;e to receiue their
<PB REF="29">demaunds, defences, and oppo&s;itions, &s;pecially the Complaynants, as is con|tained in the fir&s;t Article of the Kings Ordinance in the Rubrick: That all Li|tigans, &amp;c.</P>
</DIV3>
<DIV3 N="2" TYPE="article">
<HEAD><HI>ARTIC.</HI> 2.</HEAD>
<P>Item, the &s;aid Prior and Con&s;uls, are at all times authorized, to proceed in their &s;aid Iuri&s;diction, ordained for the expedition of Suites, and the ea&s;e of all Merchants trading in that place: except tho&s;e dayes, and Fea&s;tes, in which the Court of Parliament of the &s;ayd place doeth forbeare: According to which Order, the &s;aid Priour &amp; Con&s;uls may cea&s;e the exerci&s;es of their Authoritie; And excepting furthermore, the day of the fea&s;t of the Kings (called Twelf|day) in which the &s;aid Prior and Con|&s;uls are new cho&s;en.</P>
</DIV3>
<DIV3 N="3" TYPE="article">
<HEAD><HI>ARTIC.</HI> 3.</HEAD>
<P>Item, the &s;aid Prior and Con&s;uls, in the &s;ayde cau&s;es, cannot permit more then one delay, which is a &s;ufficient aduantage for the partie offending, as
<PB REF="30">is contained in the &s;aide Letters Pa|tents of the Moneth of May: And &s;hall be hereafter declared.</P>
</DIV3>
<DIV3 N="4" TYPE="article">
<HEAD><HI>ARTIC.</HI> 4.</HEAD>
<P>Item, if any que&s;tion &s;hall grow, for the reknowledgements of Billes, the partie that is adiourned &s;hall bee per|mitted but one default, as aboue &s;aid; to come, either to confe&s;&s;e, or denie his deed: And hauing made one default, his Bill &s;hall bee held as confe&s;&s;ed and auailable, from the day that the &s;aide Prior and Con&s;uls &s;hal giue their Sen|tences: As is contained in the Kings Ordinances, and in the Rubricke, for the reknowledgement of Bills.</P>
</DIV3>
<DIV3 N="5" TYPE="article">
<HEAD>ARTIC. 5.</HEAD>
<P>Item, the &s;ayde Prior and Con&s;uls, may take notice, that their Authoritie is greater in the reknowledgement of Billes, then the Authoritie of all other Iudges, and more then the fore&s;aid Or|dinance doeth expre&s;&s;e: For the &s;ayd Ordinance doeth extend, but to the adiourning of the &s;ayd per&s;ons onely.
<PB REF="30">And the &s;aid Prior and Con&s;uls, vpon one only default, and notice left at the lodging of the offender, may, auerre al Billes, and declare the &s;ame to be pay|able, As is contained in the &s;ayd Let|ters Patents, of the Moneth of May.</P>
</DIV3>
<DIV3 N="6" TYPE="article">
<HEAD>ARTIC. 6.</HEAD>
<P>Item, all Debtors and Defendants, being in que&s;tion for the &s;aid matters, Summarie and proui&s;ionall, &s;hall be by their Creditors and Plaintiffes, onely once, warned to appeare: That is at a competent day, and houre, before the &s;aid Prior and Con&s;uls, to accept or impungne the demand, which &s;hall be made again&s;t them, by their Creditors and Plaintiffes.</P>
</DIV3>
<DIV3 N="7" TYPE="article">
<HEAD>ARTIC. 7.</HEAD>
<P>Item, all warnings or adiournments, that &s;halbe giuen at the fir&s;t beginning of any Proces, &s;hall containe &s;umma|rily, all the demaunds of the Plaintiffe, to the ende that the Defendant being
<PB REF="31">adiourned, may come prepared for his an&s;were, at the day and time a&s;&s;igned: As is contained in the third Article of the Kings Ordinances in the <HI>Rubricke</HI> of Adiournments.</P>
</DIV3>
<DIV3 N="8" TYPE="article">
<HEAD>ARTIC. 8.</HEAD>
<P>Item, the Me&s;&s;enger or Serieant, ex|ecuting the &s;ayde Prior and Con&s;uls Letters of Summons, touching the &s;aid matter Summarie, hee mu&s;t ad|iourne the per&s;on him&s;elfe, if hee can finde him: otherwi&s;e, he &s;hall fixe, a&s;|well the Coppie of the Demaund, as his &s;ayde Exployt, at the doore of the lodging of him that is &s;ummoned, and the &s;ame to be duly proued: and &s;hall afterwards giue knowledge vnto the &s;aid Prior &amp; Con&s;uls, of his diligences done therein: As is contained in the &s;aide Letters Patents, of the Moneth of May.</P>
</DIV3>
<DIV3 N="9" TYPE="article">
<HEAD>ARTIC. 9.</HEAD>
<P>Item, fora&s;much as in the fore&s;aide matters, the Plaintiff, may (in regard of one default) obtaine aduantage in his
<PB REF="31">cau&s;e, as is contained in the &s;ixth Arti|cle of the Kings Ordinances, in the <HI>Ru|bricke</HI> of Serieants. Therefore all exe|cutions, or exployts of all Me&s;&s;engers or Serieants, &s;hall be done vnder the atte&s;tation and record of two Witne&s;|&s;es, or of one at the lea&s;t: And the &s;aid Me&s;&s;engers and Serieants, &s;hall bee bound, to leaue a Coppie thereof, with the parties &s;o a&s;&s;igned, or el&s;e, to fixe the &s;ame vpon the doore of the lodging, as before&s;aid: although they make re&s;i&s;tance: and to make men|tion of all their exployts, at the char|ges of the Plaintiffe: As is contained in the fir&s;t &amp; la&s;t Article of the Kings Ordinances in the <HI>Rubricke</HI> of adiourn|ments.</P>
</DIV3>
<DIV3 N="10" TYPE="article">
<HEAD>ARTIC. 10.</HEAD>
<P>Item, if the partie &s;o adiourned, make not his appearence at the time to him a&s;&s;igned, then the &s;ayd Prior and Con&s;uls, may proceed again&s;t him in the &s;aid cau&s;es, by &s;eizing of his goods, &s;o farre as the &s;ummes &s;hall amount vnto, pretended to bee owing to the
<PB REF="32">Plaintiffe, or by arre&s;ting and impri|&s;oning the partie adiourned if he may bee taken, and &s;o to detaine him, vntill he &s;hall put into the handes of the Iu|&s;tice, the like &s;ummes pretended to be owing to the Plaintiffe: And this, in ca&s;e where the partie adiourned and impri&s;oned, would declare nothing in his defence, again&s;t the other partie: The hand of the King, and of Iu&s;tice fir&s;t garni&s;hed, like as the Con&s;eruator of the Fayres, of the &s;ayd Citie of <HI>Lyon</HI> doth; And is contained in &s;aid the Let|ters Patents, of the moneth of Februa|rie, hereafter expre&s;&s;ed.</P>
</DIV3>
<DIV3 N="11" TYPE="article">
<HEAD>ARTIC. 11.</HEAD>
<P>Item, without &s;eizure of goods, it is lawfull for the &s;aid Prior &amp; Con&s;uls, at the reque&s;t of the plaintiffe, to pro|ceed again&s;t the debtor, by arre&s;t and impri&s;onment, if that bee thought the ea&s;ie&s;t way, to doe right to the parties, without &s;hew of Proces: Like as the Con&s;eruator of the &s;ayde Citie of <HI>Ly|en,</HI> doeth: According to the will and
<PB REF="32">plea&s;ure of the late King <HI>Francis,</HI> con|tained in the &s;alide Letters Patents, of the Month of Februarie.</P>
</DIV3>
<DIV3 N="12" TYPE="article">
<HEAD>ARTIC. 12.</HEAD>
<P>Item, if the like &s;ummes bee con|&s;igned by the Defendant, hee being heard in his defences, &s;hall bee relea|&s;ed or condemned, by the &s;aide Pri|or and Con&s;uls, with charges and amends, according to the exegents of the cau&s;e, and qualitie of the per&s;on. And if the Defendant, and he that is called, bee pri&s;oner, in regard that he hath not garni&s;hed the hand of the King and Iu&s;tice, nor con&s;igned the &s;ummes contained in the demand of his aduer&s;e partie, heard vpon his de|fence: The &s;ayde Prior and Con&s;uls, &s;hall proceed again&s;t all &s;uch per&s;ons, as aboue&s;ayde: And like as the Con|&s;eruator of the Fayres of the &s;ayde Citie of <HI>Lyon,</HI> doth; To auoyd long proceedings, con&s;idering the Parties bee pre&s;ent: And being for matters
<PB REF="33">touching Trade of Merchandize, and cau&s;es of Exchange.</P>
</DIV3>
<DIV3 N="13" TYPE="article">
<HEAD>ARTIC. 13.</HEAD>
<P>Item, if hee that is adiourned, do not make his apparance according as he is a&s;&s;igned to doe, neither is pri&s;o|ner, then after one default, the &s;ayd Prior and Con&s;uls may proceed, by &s;eizing of his goods, &s;o farre as the &s;ummes contained in the demaund of the aduer&s;e partie doe amount vnto. And they may ordaine, to call the &s;ayd debtor, that at a certaine day, houre, and place, hee may come to &s;ee his goods &s;o &s;eized, to be publikely &s;olde, to the ende that the Plaintiffe may be &s;ati&s;fied, with the money proceeding thereof, according to rea&s;on, without any further delay: As is contained in the &s;ayde Letters Patents, of the Mo|neth of May.</P>
</DIV3>
<DIV3 N="14" TYPE="article">
<HEAD>ARTIC. 14.</HEAD>
<P>Item, if the goods &s;o taken and &s;eized bee vnmoueable, the &s;ayd Pri|or and Con&s;uls hauing cau&s;ed to bee
<PB REF="33">made the Cries, and pre&s;ent &s;ale there|of, they &s;hall cau&s;e the &s;aid goods to be committed to a certaine Commi&s;&s;io|ner, by the me&s;&s;enger or Serieant, who did execute the &s;aid Cries: And the partie who is the pur&s;uer, &s;hall cau&s;e to be intimated &amp; &s;ignified the &s;aid Cries to all men, to whom it &s;hall appertain: And to make fa&s;t the intimatio~ to their exploit of their &s;aid Cries, vnder the Counter &s;eale of the &s;aid Prior &amp; Con|&s;ulls, vpon paine otherwi&s;e to be of no effect: As is conteined in the Kings Ordinances in the Rewbrick of Cries and &s;ales, in the &s;econd and fourth Ar|ticles.</P>
</DIV3>
<DIV3 N="15" TYPE="article">
<HEAD>ARTIC. 15.</HEAD>
<P>Item, the Notice and Cries being done according to the forme accu&s;to|mably kept in the Towne of <HI>Tholouze,</HI> the Sentence and Decree of the &s;aide Prior and Con&s;ulls being giuen, vpon the goods &s;o notified and &s;old, &s;hall be interpo&s;ed and executed in the &s;auour of him that offereth mo&s;te, and la&s;t inhan&s;er of the price, as is ordinarily
<PB REF="34">done in the Iuri&s;dictions of the other Iudges of the &s;aid place; Ac|cording to the tenor of the &s;aid Letters Patents of the Moneth of May: And as contained in the fift article of the kings ordinances in the Rubricke of Obliga|tions.</P>
</DIV3>
<DIV3 N="16" TYPE="article">
<HEAD>ARTIC. 16.</HEAD>
<P>Item, fora&s;much as the &s;ayd Prior and Con&s;ulls by the tenour of the &s;ayd Letters, may v&s;e the &s;olemnities and meanes in the exerci&s;ing of their Iu|ri&s;diction, the which the other Iud|ges of the Kingdome doe v&s;e; The &s;ayd Prior and Con&s;ulls may vpon the interpo&s;ition of Decree, ob&s;erue and keepe, the cu&s;tome of the Iudges of <HI>Normandie,</HI> conteined in the 24. Ar|ticle of the Kings Ordinances, in the Rewbricke of Abolitions, Confe&s;&s;i|ons, and Graunts, &amp;c. whereof the te|nour en&s;ueth.</P>
</DIV3>
<DIV3 N="17" TYPE="article">
<HEAD>ARTIC. 17.</HEAD>
<P>Item, when as many peeces of lands and heritages, Returnres do pa&s;&s;e by
<PB REF="34">one onely Decree, vpon any per&s;on for his debts, although there be many inhan&s;ers of price, yet notwith&s;tan|ding they &s;hall &s;uffer one onely De|cree to pa&s;&s;e, which &s;hall be by the la&s;t inhan&s;er, to whome the adiudication &s;hall be made; And the Regi&s;ter can|not con&s;traine the other parties, &s;peci|ally the Decretant, to take the Letter of Decree and E&s;tate, But they &s;hall &s;uffer the &s;aid Inhan&s;ers to take the let|ters of their Inhan&s;ements &s;imply; And the &s;aid Decretant to take the Acte of that which &s;hall be ordeined vpon his oppo&s;ition, or el&s;e the &s;aide Prior and Con&s;uls may make the act of Returne, to the other Iudges, to whome the knowledge of the oppo&s;itions do ap|pertaine.</P>
</DIV3>
<DIV3 N="18" TYPE="article">
<HEAD>ARTIC. 18.</HEAD>
<P>Item, for all executions where there is commaundement to paie within a certaie time, it &s;hall not be needfull for the validitie of the exployte of
<PB REF="35">the Cries &amp; Notices, or other &s;eizing of goods or per&s;on, to make farther en|quiry of goods moueable: But it &s;hall &s;uffice a Commaundement duly made by a Me&s;&s;enger or Serieant to the per|&s;on, or warning left at his Lodging, Af|ter which the goods &s;eized, or the per|&s;on arre&s;ted, &s;hall remaine vntill &s;uch time as he haue obeyed the &s;aid Com|maundement: As is conteined in the Kings Ordinances in the 11. Article of the Rewbricke of Obligations: And in the &s;aid Letters Patents of the mo|neth of February, or otherwi&s;e they may proceed to the &s;ale of the goods, as is before &s;pecified.</P>
</DIV3>
<DIV3 N="19" TYPE="article">
<HEAD>ARTIC. 19.</HEAD>
<P>Item, if the goods &s;o &s;eized be moue|ables, then after one default, they &s;hall be &s;olde publikely to him that offers mo&s;t, to make &s;atisfaction to the plain|tiffe: And before the &s;ale of the &s;aide goods, &s;hall cau&s;e the partie pur&s;uer to giue a &s;ignation to the defailant, for to come and &s;ee &s;old and deliuered his
<PB REF="35">goods to the mo&s;t offerer, According to the cu&s;tom of the Iudges of the &s;aid place: And is contained in the &s;aid let|ters Patents of the moneth of May.</P>
</DIV3>
<DIV3 N="20" TYPE="article">
<HEAD>ARTIC. 20.</HEAD>
<P>Item, if the &s;aide parties adiourned, do make their appearance at the day a&s;&s;igned them, And do &s;hew forth any matter again&s;t the demand of the plain|tiffe, being by the &s;aid Prior and Con|&s;ulls condemned to garni&s;h and Con|&s;igne the &s;ummes conteined in the &s;aid demand, they cannot impeach or hin|der the &s;aid garni&s;hing and con&s;ignati|on: Although they doe appeale from the &s;aid &s;entence which is proui&s;ionall, and cannot be impeached or &s;u&s;pen|ded by appeale: as is conteined in the la&s;t Article of the Kings Ordinances, and in the Rewbricke of proui&s;ionall Sentences; And in default of garni|&s;hing and obeying the &s;aid Sentences; The &s;aid Prior and Con&s;ulls, may con|&s;traine the Refu&s;ants, by arre&s;ting and impri&s;oning of their per&s;ons: As is
<PB REF="36">conteined in the two Letters Patents of the Moneths of May and February hereafter expre&s;&s;ed.</P>
</DIV3>
<DIV3 N="21" TYPE="article">
<HEAD>ARTIC. 21.</HEAD>
<P>Item, if one oppo&s;ition be framed again&s;t the &s;eizing, &s;ale, or deliuery of the goods, or again&s;t the Cries or in|terpo&s;itions of Decree, or again&s;t any other chiefe point, where oppo&s;ition may take place, the hand of the King and of Iu&s;tice remaining duly garni|&s;hed, for the matter of the authoritie of the &s;aid Prior and Con&s;ulls, the par|ties &s;o oppo&s;ing them&s;elues, &s;hall be &s;ent to their Iudge and chiefe men of their Prouince, to declare before them the cau&s;es of their oppo&s;itions, As is contained in certaine Letters of the Kings; Giuen at <HI>Fountaine Bleau,</HI> the &s;euenth day of December, 1551. Read and publi&s;hed according to their Te|nours, in the Parliament of the &s;aide Citie of <HI>Thoulouze,</HI> the ninth day of February in the &s;ame yeare.</P>
</DIV3>
<DIV3 N="22" TYPE="article">
<PB REF="36">
<HEAD>ARTIC. 22.</HEAD>
<P>Item, if the partie adiourned do of|fer Suertie, yet notwith&s;tanding hee &s;hall be cau&s;ed to garni&s;h, and then haue power to call his Suertie: The hand of the King &amp; Iu&s;tice remaining garni&s;hed, who being called, before he be receiued as Suertie, &s;hall make the like garni&s;hment, that after they may proceed a&s;well again&s;t him, as the prin|cipall debter, according to rea&s;on: And all Sentences &amp; Iudgements that &s;hall be giuen again&s;t the Suertie, &s;hall be to be executed; to wit, again&s;t the prin|cipall debter, for the principall &s;umme: And again&s;t the Suerties for the char|ges, damage, and Intere&s;t onely; As is co~tained in the 20. Article of the kings Ordinances, in the Rubricke of De|layes.</P>
</DIV3>
<DIV3 N="23" TYPE="article">
<HEAD>ARTIC. 23.</HEAD>
<P>Item, to call a Suertie before Conte&s;tation of the Cau&s;e, the &s;ayd
<PB REF="37"> Prior and Con&s;ulls cannot permit but onely one default, vnle&s;&s;e the fir&s;t &s;uertie, will call a third man for &s;uertie, to whome they may allow one other only default: as is conteined in the &s;e|cond, third, and fourth Article of the Kings Ordinances, in the &s;aid Rubrick of delayes.</P>
</DIV3>
<DIV3 N="24" TYPE="article">
<HEAD>ARTIC. 24.</HEAD>
<P>Item, in the &s;aid matters to be pro|ceeded again&s;t the Co~tuma&s;ers, there is no need to giue any delay, but after one default to proceed as afore&s;aid; for one onely default in the &s;aide matters, doth giue great aduantage to one of the parties; As is conteined in the fir&s;t Article of the Kings Ordinances in the Rubricke of adiourments: And all de|layes are left by the King to the di&s;cre|tion of the &s;aid Prior and Con&s;ulls, to graunt them according to the qualitie of the per&s;ons, cau&s;es and places, as the other Iudges do.</P>
</DIV3>
<DIV3 N="25" TYPE="article">
<PB REF="38">
<HEAD>ARTIC. 25.</HEAD>
<P>Item, if the demaundant do attempt any &s;uite by &s;ubtiltie, and cau&s;eth any execution thereof again&s;t the aduer&s;e partie, or otherwi&s;e if the defendant v&s;e any &s;ubtill helpes, or vnlawfull meanes, to defraude the Plaintiffe, and not to &s;atisfie him; The &s;aid Prior and Con&s;ulls may condemne the partie culpable, (for v&s;ing the &s;aid deceit or vnlawfull meanes) in a forfeiture, and the &s;ame to be di&s;po&s;ed of as afore&s;aid; As is conteined in the tenth Article of Kings Ordinances in the Rubricke of Obligations, And in the &s;aid Letters Patents of the moneth of May.</P>
</DIV3>
</DIV2>
<DIV2 TYPE="part">
<HEAD>A note of &s;uch matters wherein it is needfull to haue in&s;truction, and knowledge of the cau&s;e.</HEAD>
<P>ALl tho&s;e matters are &s;pecified and named particularly in the &s;aid let|ters Patents of the moneth of May,
<PB REF="39">euen as is likewi&s;e named, Obligations, A&s;&s;otiations, either generall or particu|lar, Nominations of per&s;ons, or &s;uffici|encie of goods, A&s;&s;urances, Accounts, and Awditing thereof, loane of Re&s;ts, &s;atisfaction of the whole or of part, Tran&s;ports, Delegations, Nouations of debts, Societies, Bargaines, and other Acts concerning the bu&s;ine&s;&s;e of the &s;aide Bour&s;e, and all therevnto be|longing.</P>
<DIV3 N="1" TYPE="article">
<HEAD>ARTIC. 1.</HEAD>
<P>Fir&s;t, the Kings plea&s;ure is, by the tenour of the &s;aide Letters of the Mo|neth of May, that the &s;ayd Prior and Con&s;ulls do proceede to Iudgement of the debates, and differences moued, or to be moued, by rea&s;on of the &s;aide matters, after two defaultes, and that the parties adiourned two times, and making no apparance the &s;econd day to them a&s;&s;igned, &s;hall be &s;ubiect to the &s;ame Iudgement: Note that the King hath not limited any time for the &s;aid defaults, butleaueth <HI>y^e</HI> &s;ame to the
<PB REF="39">di&s;cretion of the &s;ayd Prior and Con|&s;ulls, who are to limit the &s;ame, accor|ding to the di&s;tance of the place, qua|litie of the partie adiourned, commo|ditie of the time, and cau&s;e of the bu|&s;ine&s;&s;e, as all other Iudges are accu&s;to|med to limit the defaults, according to the &s;ame circum&s;tances, and according to the common di&s;po&s;ition of right: And the tenour of the &s;econd Article of the Kings Ordinances in the Ru|bricke of Delayes.</P>
</DIV3>
<DIV3 N="2" TYPE="article">
<HEAD>ARTIC. 2.</HEAD>
<P>Item, whether the parties adiour|ned do appeare, or make default the day a&s;&s;igned them the &s;econde time; The &s;aide Prior and Con&s;ulls (before they do proceed to Iudgement of the &s;aide matters) &s;hall heare the demaun|dants, who vpon their oathes &s;hall af|firme their debts &s;o demaunded to be true, and containe nothing but truth: And then the defendants &s;o adiourned being pre&s;ent, an&s;wering by credite, which is as much to &s;ay, that it is
<PB REF="40">true, that the demaund of the Plain|tiffe do containe truth: And pre&s;ent|ly the &s;aide Prior and Con&s;ulls con|demning them to &s;atisfie the &s;aid Plain|tiffe, with all co&s;tes pre&s;ently taxed, with out forme of Proces, by the &s;aid Prior and Con&s;ulls, according to the Kings plea&s;ure contained in the &s;ayd Letters of the Moneth of May.</P>
</DIV3>
<DIV3 N="3" TYPE="article">
<HEAD>ARTIC. 3.</HEAD>
<P>Item, if the parties &s;o adiourned &s;hall an&s;were by no credit, which is as much to &s;ay, that the demaunds of the Plaintiffes are not true, in all, or in part, they &s;hall then affirme the &s;ame vpon their oathes, and &s;ubmit them|&s;elues to proue the contrary, as is con|tained in the fir&s;t Article of the Kings Ordinances in the Rewbricke of An|&s;weres.</P>
</DIV3>
<DIV3 N="4" TYPE="article">
<HEAD>ARTIC. 4.</HEAD>
<P>Item, if the parties &s;o adiourned, make no appearance (the two defaults
<PB REF="40">being pa&s;t) then &s;hall the Plaintiffe be &s;ubiect to &s;end vnto the Defendant a Coppie of his demaund with his oath, to the end that he may either impugne the &s;ame, or allow thereof, which the Plaintiffe may doo either by him&s;elfe, or his Atturney, intimating vnto him, that if he faile therein, that then the &s;aid Prior and Con&s;ulls, will proceed again&s;t him &s;ummarily to Iudgement, vpon the Plaintiffes conclu&s;ion as be|fore is &s;aid.</P>
</DIV3>
<DIV3 N="5" TYPE="article">
<HEAD>ARTIC. 5.</HEAD>
<P>Item, if the parties do varie in their demaunds, they &s;hall be &s;ubiect to giue in writing, both vnder their handes and oathes, tho&s;e points wherein they varie, and that within eight dayes, to the ende that diligent enquiry may be made thereof: As is conteined in the third Article of the Kings Ordinan|ces in the Rubricke of Articles agreed vpon.</P>
</DIV3>
</DIV2>
<DIV2 TYPE="part">
<PB REF="41">
<HEAD>Of Inquiries.</HEAD>
<DIV3 N="1" TYPE="article">
<HEAD>ARTIC. 1.</HEAD>
<P>Item, the &s;aid Prior and Con&s;ulls, their Lieftenants and Deputies in ma|king their Inque&s;t, may not receiue any witne&s;&s;es, nor take their oathes, nor proceed in proofe, without the aduer&s;e partie be fir&s;t called therevn|to, vpon paine that their proceedings in &s;uch a ca&s;e &s;hall be of no value, and if the partie &s;hall make default, after he hath bene twice called, they may then receiue the witne&s;&s;es, and pro|ceede to the Inquirie, and all thinges therevnto belonging: As is contei|ned in the 12.13. and 14. Articles of the Kings Ordinances in the Rubricke of Comi&s;&s;aries to make Inque&s;t.</P>
</DIV3>
<DIV3 N="2" TYPE="article">
<HEAD>ARTIC. 2.</HEAD>
<P>Item, if enquirie bee needfull to be made for both parties, and one of
<PB REF="41">the parties will appeale from the Prior and Con&s;ulls and their deputies, then the &s;ayd Prior and Con&s;ulls and theyr deputies, may make enquirie in the be|halfe of the partie that doeth not ap|peale: As is contained in the 15. Article of the fore&s;aid Rubricke.</P>
</DIV3>
<DIV3 N="3" TYPE="article">
<HEAD>ARTIC. 3.</HEAD>
<P>Item, the &s;aide Prior and Con&s;ulls in making their enquiries, they can|not giue but one onely default, with|in which time the parties mu&s;t make report of their enquiries duly to bee done, and clo&s;ed with their Seales, As is conteined in the ninth, tenth, and eleuenth Article of the kings Ordinan|ces in the Rubricke of Delayes.</P>
</DIV3>
<DIV3 N="4" TYPE="article">
<HEAD><HI>ARTIC.</HI> 4.</HEAD>
<P>Item, &s;auing that if the parties haue done theyr diligences in making the &s;ame enquiries, within the time to to them limited, and cannot within that time fini&s;h the &s;ame, then vpo~ due
<PB REF="42">proofe made of their dilige~ces &s;o done, in &s;uch ca&s;e the &s;aid Prior and Con&s;uls may giue them one onely delay more, after the which time they cannot make any further enquirie, by witne&s;&s;es or otherwi&s;e: As is conteined in the 12. and 13. Articles of the &s;aide Ordinan|ces.</P>
</DIV3>
<DIV3 N="5" TYPE="article">
<HEAD><HI>ARTIC.</HI> 5.</HEAD>
<P>Item, the parties receiued to make enquiry before the &s;aid Prior &amp; Con|&s;ulls, may v&s;e all &s;orts of lawful proofes, a&s;well by right, as by the Kings Ordi|nances, Prouided that the &s;ame bee done, a&s;&s;ummarily as may be, accor|ding to the power of the Authoritie, of the &s;aid Prior and Con&s;ulls: All which is to be done in ciuill manner, be it by witne&s;&s;e, by writings publike or pri|uate, by collection of Letters, by oath in the fulfilling of all proofe: And o|therwi&s;e according to the exegents of the cau&s;e, to know the truth, and to in|&s;truct the Con&s;ciences of the &s;aid Pri|or and Con&s;ulls.</P>
</DIV3>
<DIV3 N="6" TYPE="article">
<PB REF="42">
<HEAD><HI>ARTIC.</HI> 6.</HEAD>
<P>Item, if in the end of the cau&s;e of the Demands, &amp; Articles of the Par|ties, there bee found any Article, fal&s;e and deceitfull, hee that hath affirmed the &s;ame, &s;hall be condemned by the &s;ayd Prior &amp; Con&s;uls, in the penaltie of one hundreth &s;oles-para&s;itz, halfe thereof to the King, &amp; the other halfe to the partie: As is contained in the 15. Article of the Kings Ordinances, in the Rubricke of An&s;wers. And they may make v&s;e of the &s;ame penalties, again&s;t all parties, who &s;hall not with|in eight dayes after all delayes, giue in all their Demands, and things con|trary thereunto, being &s;o ordained by the &s;ayd Prior and Con&s;uls: As is contained in the fourth Article of the Kings Ordinances, in the Rubricke of Articles of Agreement.</P>
</DIV3>
<DIV3 N="7" TYPE="article">
<HEAD><HI>ARTIC.</HI> 7.</HEAD>
<P>Item the &s;ayde Prior and Con&s;uls,
<PB REF="43">and their Deputies, in the prouing of any matter in the behalfe of any man what&s;oeuer, cannot take but ten wit|ne&s;&s;es, and them &s;ecretly, the one after the other, vpon paine of an arbitrable penaltie, wherein the &s;ayd Prior and Con&s;uls and their Deputies may bee condemned, by the Court of Parlia|ment of the &s;ame place: And that all witne&s;&s;es of whom they &s;hall take here|in aboue the &s;ayde number, &s;hall bee reiected: As is contained in the Ru|bricke of Witne&s;&s;es, and likewi&s;e vp|on a matter in the Kings Ordinances.</P>
</DIV3>
<DIV3 N="8" TYPE="article">
<HEAD>ARTIC. 8.</HEAD>
<P>Item, the Inquiries being recei|ued, the Parties there, both or &s;eue|rally, &s;hall bee &s;ubiect to giue in, their Letters of &s;aluations, or reproaches, within three dayes after the Recei|uing the &s;ayd Inquiries, without any further delay, vpon paine to bee refu|&s;ed, as is contained in the &s;econd Ar|ticle of the Kings Ordinances, in the Rubrick of Reproaches.</P>
</DIV3>
<DIV3 N="9" TYPE="article">
<PB REF="43">
<HEAD>ARTIC. 9.</HEAD>
<P>Item, all Contradictions again&s;t the Letters and &s;aluations, &s;hall bee giuen in, within eight dayes after the &s;ayde Reproaches, and &s;aluations, without any further delay, otherwi&s;e to be re|fu&s;ed: As is contained in the &s;ixt Arti|cle of the &s;aid Ordinances.</P>
</DIV3>
<DIV3 N="10" TYPE="article">
<HEAD>ARTIC. 10.</HEAD>
<P>Item, after publication made of the &s;aid Inquiries, no reproaches, &s;aluatio~s, and Contradictions, &s;hall be permitted to be giuen in; But they &s;hall proceed to Iudgement, &amp; deci&s;ion of the cau&s;e, vpon the former proceedings: As is contained in the third Article of the Kings Ordinances.</P>
</DIV3>
<DIV3 N="11" TYPE="article">
<HEAD>ARTIC. 11.</HEAD>
<P>Item, all Inquiries, con&s;idering they cannot be other then Ciuill, &s;hall bee publi&s;hed before the &s;ayde Prior and Con&s;uls, hauing fir&s;t ob&s;erued the tenour of the Articles here before
<PB REF="44">immediatly written, As is contained in the kings ordinances, in the Rubrick of Publications of Inque&s;ts, and euery party in the end of the cau&s;e, may retire his owne if he &s;o plea&s;e: As is ob&s;er|ued in the Iuri&s;diction of other inferior Iudges.</P>
</DIV3>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Of Production.</HEAD>
<DIV3 N="1" TYPE="article">
<HEAD>ARTIC. 1.</HEAD>
<P>Item, if the proofe be to bee made by Writings, then the Parties are to bring in all the &s;ame Writings: by which they pretend to proue their in|tention, within three dayes, without any further delay, vnle&s;&s;e the di&s;tance of the place, doe require any more time, As is contained in the third Ar|ticle of the Kings Ordinances, in the Rubricke of Productions.</P>
</DIV3>
<DIV3 N="2" TYPE="article">
<HEAD>ARTIC. 2.</HEAD>
<P>Item, if the Parties produce any writings that concerne not the cau&s;e (to the end to trouble the Iudgement
<PB REF="44">of the &s;aid Prior &amp; Con&s;uls) they may then condemne the &s;ame partie, that &s;hall bring in any &s;uch Writings, in the penaltie of 100. &s;oles-para&s;itz, As is contained in the &s;econd Article of the fore&s;ayde Rubricke, to be appli|ed as before is &s;ayd.</P>
</DIV3>
<DIV3 N="3" TYPE="article">
<HEAD><HI>ARTIC.</HI> 3.</HEAD>
<P>Item, the &s;ayde re&s;pite of three dayes, or other re&s;pites, giuen by the di&s;creete deliberation of the &s;ayde Pri|or and Con&s;ulls, being pa&s;t, the Par|ties &s;hall not after be permitted to pro|duce any further Writings, but the proces &s;hall bee iudged in the &s;ame &s;tate, as &s;hall bee found at the expiring of the re&s;pite, As is contained in the fourth Article of the fore&s;aid Rubrick of Productions.</P>
</DIV3>
<DIV3 N="4" TYPE="article">
<HEAD>ARTIC. 4.</HEAD>
<P>Item, the Regi&s;ter of the &s;ayde Prior and Con&s;uls, &s;hall be &s;ubiect to keepe a little Inuentorie of all the Wri|tings
<PB REF="45">that &s;hall be produced, and &s;hall cau&s;e the Parties that produce them, to write their names vpon euery one of them, to the ende that none of the writings &s;o produced, bee altered or lo&s;t, which might happen to bee of great importance, &s;pecially among&s;t Merchants, betweene whom often|times, groweth que&s;tions of great &s;ummes, conteined in little papers; As bils of Debt, and letters of Exchange: And likewi&s;e to the ende that all Wri|tings &s;o produced, might bee &s;eene to agree with the tenour of the Inuento|ry, in the deciding of the Proces: As is contained in the Kings Ordinances; in the Rubricke of Inuentories.</P>
</DIV3>
<DIV3 N="5" TYPE="article">
<HEAD>ARTIC. 5.</HEAD>
<P>Item, the &s;aid Regi&s;ter &s;hall not take out any Coppy of matters of effect out of the &s;ayde Inuentory, neither for the one partie nor for the other, but onely the cau&s;e, and the end where|fore the &s;ayde writings are produced, vpon paine to forfeit a hundreth &s;oles|pari&s;itz,
<PB REF="45">to bee imployed to the profite of the &s;ayd Bour&s;e, like as the Attur|neys of parties in other Iuri&s;dictions, are condemned in the like &s;umme, to be imployed to their Chappell: As is contained in the &s;econd Article of the &s;aid Ordinances, in the Rubricke of Productions.</P>
</DIV3>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Of Sentences.</HEAD>
<DIV3 N="1" TYPE="article">
<HEAD>ARTIC. 1.</HEAD>
<P>Fir&s;t, the &s;ay de Prior and Con&s;uls, according to the certaintie and trueth of the proofes and alligations made before them, by the parties, &s;hall pro|nounce their Sentences cleerely, deci|ding the Proces, vpon paine to be pu|ni&s;hed by the Court of Parliament of the &s;aid place, vpon the reformation of their Sentences: As is contained in the &s;econd Article of the &s;aid Ordi|nances, in the Rubricke of Sentences.</P>
</DIV3>
<DIV3 N="2" TYPE="article">
<HEAD><HI>ARTIC.</HI> 2.</HEAD>
<P>Item, after the &s;aid Prior and Con|&s;uls, haue pronounced their Sentence
<PB REF="46">without correcting, adding or dimi|ni&s;hing the &s;ame, the &s;aid Regi&s;ter &s;hall giue a Coppie of the &s;ayde Sentences, to either of the &s;ayd Parties, being re|quired thereunto, vpon an arbritable penaltie to bee layd vpon him, and to be held a fal&s;e man if hee doe the con|trary; as is conteyned in the third Arti|cle of the fore&s;aid Rubricke.</P>
</DIV3>
<DIV3 N="3" TYPE="article">
<HEAD>ARTIC. 3.</HEAD>
<P>Item, the Kings plea&s;ure is that all Sentences giuen by the &s;aide Prior and Con&s;uls, both interlocutory and defi|nitiue, &s;hall be of force and effect, euen as tho&s;e of other Iudges, As is con|teyned in the la&s;t Article of the &s;ayde Rubricke of Sentences.</P>
</DIV3>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Of Arbitrators.</HEAD>
<DIV3 N="1" TYPE="article">
<HEAD><HI>ARTICLE.</HI> 1.</HEAD>
<P>Item, the Merchants of the iu|ri&s;dictions of the &s;ayd Bour&s;e of <HI>Thou|louze,</HI> as well by their owne con&s;ents,
<PB REF="46">as by the Commandement of the &s;aid Prior and Con&s;uls, may commit their differences to Arbitrators, from who&s;e &s;entence, they may appeale to the &s;ayd Prior and Con&s;uls, who as they &s;hall &s;ee cau&s;e, may reforme, or confirme the Sentence of the &s;aid Arbitrators.</P>
</DIV3>
<DIV3 N="2" TYPE="article">
<HEAD><HI>ARTIC.</HI> 2.</HEAD>
<P>Item, the appellation of the Sen|tence of the Arbitrators, &s;hall not be receiued by the &s;ayde Prior and Con|&s;ulls, before the Arbitrament bee per|formed, by the party that doth appeale: vpon condition to bee re&s;tored in the ende of Proces, if it bee &s;o thought good by the &s;aide Prior and Con&s;ulls. As is contained in the Kings Ordinan|ces in the Rubricke of Arbitrators.</P>
</DIV3>
<DIV3 N="3" TYPE="article">
<HEAD>ARTIC. 3.</HEAD>
<P>Item, the &s;ayd Prior, &amp; Con&s;uls, are to note, that no Merchant, nor other being of their Iuri&s;diction, can tran|port, or make ouer their intere&s;t to any per&s;on Priuiledged, and not &s;ubiect to the &s;ame Iuri&s;diction, be it by gift, &s;ale,
<PB REF="47">or Exchange, or by any other meanes, to the end to auoyd their Authoritie, vpon paine that the &s;ame tran&s;ports or po&s;&s;e&s;&s;ings, &s;hal be of no effect, and the lo&s;&s;e of their right and cau&s;e: As is contained in the fir&s;t and &s;econd Arti|cles of the Kings Ordinances, in the Rubricke of Se&s;&s;ions.</P>
</DIV3>
<DIV3 N="4" TYPE="article">
<HEAD>ARTIC. 4.</HEAD>
<P>Item, all Notaries, who &s;hall receiue any &s;uch tran&s;ports or Se&s;&s;ions, &s;hall be puni&s;hed by the &s;ayde Prior and Con|&s;uls, in an arbitrable penaltie: And fur|ther &s;hall bee condemned, to pay vnto the aduer&s;e Partie, all his co&s;tes and charges, which hee hath &s;u&s;teined by meanes thereof; As is contained in the fir&s;t Article of fore&s;aid Rubricke, taken of the common di&s;po&s;ition of right.</P>
</DIV3>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Of Accu&s;ations.</HEAD>
<P>The Parties may accu&s;e the &s;aid Prior and Con&s;uls, and others of their Iuri&s;|dictions, if they haue lawfull cau&s;e &s;o to
<PB REF="47">doe. And that not in writing but by word, in his pre&s;ents whom they &s;u&s;|pect: And their accu&s;ations &s;hall bee &s;ummarily examined and decided; And if in ca&s;e the &s;ayd Prior and Con|&s;uls &s;hould bee accu&s;ed, then the mo&s;t auncient Merchants, and tho&s;e who haue had the fir&s;t preheminence in the &s;aid Bour&s;e, &s;hall &s;it in the place of the &s;aid Prior and Con&s;uls: As is ob&s;erued in the other Iuri&s;dictions; And con|tained in the Kings Ordinances, in the Rubricke of Accu&s;ations.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Of Di&s;tributions.</HEAD>
<DIV3 N="1" TYPE="article">
<HEAD><HI>ARTICLE.</HI> 1.</HEAD>
<P>THe &s;aid Prior and Con&s;uls, may di&s;tribute the Proces vnto the mo&s;t auncient Merchants, that bee mo&s;t expert in the matters that bee in que&s;tion, to make a true report vnto the &s;ayd Prior and Con&s;uls: according to the allegations and proofes of the &s;aide parties, to the ende to decide the &s;ame, according to right; without any
<PB REF="48">&s;allery to bee giuen to &s;aid Merchants, in regard of their report.</P>
</DIV3>
<DIV3 N="2" TYPE="article">
<HEAD>ARTIC. 2.</HEAD>
<P>Item, all Merchants to whom the &s;aid Prior and Con&s;uls &s;hall di&s;tribute the Proces, they &s;hall be &s;ubiect to take the aduice of the Aduocate, &amp; Attur|ney of the &s;aid Bour&s;e, or of any others, if there bee any difficultie in the cau&s;e, to the end to di&s;cerne the right, and to make the better report therof vnto the &s;ayd Prior and Con&s;uls, that they may the &s;ooner end the &s;ame, according to rea&s;on and right, and at the charges of their Parties pur&s;uants, like as the Con|&s;eruator of the Fayres of the &s;ayd Citie of <HI>Lyon</HI> doth.</P>
</DIV3>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Of Charges and Damages.</HEAD>
<DIV3 N="1" TYPE="article">
<HEAD>ARTIC. 1.</HEAD>
<P>FIr&s;t all Charges and Damages, &s;hall be taxed by the &s;aid Prior and Con|&s;ulls to a certaine &s;umme, as it &s;hall tru|ly appeare vnto them, by the di&s;cour&s;e of the Proces, hauing a regard to the
<PB REF="48">qualitie of the Parties, and quantitie of the cau&s;es, without receiuing from the Parties any declaration of their charges, and without any other order of proceeding, as is contained in the la&s;t Article of the Kings Ordinances, in the Rubricke of Charges: like as the Con&s;eruator of the Fayres of the &s;ayd <HI>Lyon</HI> doth; And is contained in the Letters Patents of the month of Fe|bruary, hereafter &s;pecified.</P>
</DIV3>
<DIV3 N="2" TYPE="article">
<HEAD><HI>ARTIC.</HI> 2.</HEAD>
<P>Item, if for the repayre of the Char|ges, Damages, and Intere&s;t, any per|&s;on were condemned in a penaltie, and to remaine in pri&s;on vntill he had &s;ati&s;|fied the &s;ame, by the &s;ayde Prior and Con&s;uls, the &s;ayd partie cannot bee by them inlarged, without the expre&s;&s;e con&s;ent of the Partie intere&s;&s;ed, or that he haue &s;ati&s;fied him, As is contained in the &s;euenth and eight Articles in the Rubricke of Charges, And in the &s;ixt Article of the Rubricke of Penalties.</P>
</DIV3>
</DIV2>
<DIV2 TYPE="part">
<PB REF="49">
<HEAD>Of Penalties.</HEAD>
<P>ALl Penalties adiudged by the &s;ayd Prior and Con&s;uls (to be applyed as before &s;aid) &s;hall be leauied without delay, as is contained in the &s;econd Ar|ticle of the forefaid Rubricke of Pe|nalties.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Exhortation.</HEAD>
<P>THe &s;aid Prior and Con&s;uls, for the executing of the Kings plea&s;ure, entertaining of their Iuri&s;diction, fol|lowing the Order of the Con&s;eruator of the Fayres of <HI>Lyon,</HI> auoyding of all bribing meanes, which the mini&s;ters of other Iuri&s;dictions doe v&s;e, and the ea&s;ing of all Mercha~ts: To the end that they may more freely exerci&s;e <HI>y^e</HI> cour&s;e of their buying &amp; &s;elling of Merchan|dize, &amp; cau&s;es of Exchange in all truth, They mu&s;t haue regard, that they make no long proceedings, but by all meanes po&s;&s;ible force out the trueth, &s;peedily
<PB REF="49">to decide the cau&s;e in que&s;tion, &s;o farre as appertaineth to their knowledge, by the true affirmations of the Merchants, and not by fained, &s;ubtill, and craftie writings, which often times do darken the trueth, vnder the colour of fayre phra&s;es declared in them; For &s;o is the Kings plea&s;ure, in the &s;ayd Letters Pa|tents of the Month of May, when as He commandeth them to proceed to Iudgements, in matters appertaining to their knowledge &s;ummarily, without figure of long pleas, and great &s;olemnities of Proces.</P>
<TRAILER>FINIS.</TRAILER>
<PB REF="50">
<PB REF="50">
</DIV2>
</DIV1>
</BODY>
</TEXT>
</EEBO>
</ETS>
