forme and tenour thereof the extract of the 22. Article containing the calling in the controule of Titres demanded by the States abovesaid with the Answer of the said Lord. That he granted the said Article upon repaying of the charges and in the Interim that the intent of the said Lord our Soveraign is not that the said Controule shall be of any effect for Bills of Exchange and for promises between Merchants of another extract of the 17. Article of another Paper of the Remonstrances of the said States answered by the King the 29. of January last concerning the former The Kings Atturny Generall his conclusion and the relation of the Councellour chosen Commissioner for that purpose being heard The said Court hath ordered with the consent of the Atturney Generall and doth Order that the said Letters Patents and the extracts of the said Articles of the Remonstrances of the said Estates shall be Registred in the Registers thereof that the Contents of them may be put in execution kept and observed according to their form and tenour Given at Roan in the said Court of Parliament the 24. day of November in the year 1615. The Copies being compared with their Originall Ordinances and sentences given after the Ordinances and Declarations of the Jurisdiction of the Priour and Consuls of the Merchants at Roan IN the year of our Lord 1567. on Saturday the 26. of Aprill the Court sitting the Prior and the Consuls of Roan being afore us when the Atturney of the Place Exchange and Jurisdiction of the Merchants in Roan had caused to be cited James Du Fay Merchant living is this City to be warned that he might be amerced by reason of removing and transferring of their Jurisdiction because against the Kings Declaration and the Ordinances of the Court he had transferred this Jurisdiction and pleaded afore the Sheriff of Roan or before his Lieutenant Jesse de Cauvigny Merchant in this City of Roan upon the assignation warning given in the roome of the said Cauvigny unto the said Du Fay for the payment of 8. or ten barrils sold unto him by the said De Cauvigny and since sold again by the said Du Fay unto Master John Du Monstier Advocate in the Sherivalty of this City to shun the payment of the said barrils the said Du Fay had declared unto the Kings Atturney Generall in the said Sherivalty the said citation and disagreement of the parties arising out of Merchandize between Merchant and Merchant and according that same denounciation and intimation the Kings Atturney Generall hath obtained an Injunction and Warrant of the said Sheriff by vertue whereof he made a prohibition unto the said Jesse de Cauvigny to plead any where else but before the said Sheriff and he being cited to appear on the 23. day of this present moneth before the said Sheriff which was the day of the assignation given at the Instance of the said De Cauvigny to the said De Fay at which day the 23. the Kings Atturny had obtained a default against the said De Cauvigny in the said Sheriffs Court and it was ordered that he should be forced by an habeas corpus to appear to answer the demands and conclusions of the said Atturney Generall and moreover at the instance of the said Atturney Generall was sent for and carried before the Worshipfull Laurence Puchot Lord of Gerpon ville and Sheriff of Roan James Grenier his Majesties Sergeant in this City for the citation made afore the said Prior and Consuls and that the said Grenier was amerced 10. l. and committed to prison to close imprisonment untill the full payment of the said sum so that to shun the imprisonment of his person he was constrained to lay the said amercement in the hands of Gosselin a Sergeant as it appeareth by his bill of receipt bearing the Date of the 23. of this Instant moneth and year desiring that the said Du Fay should purge and cleer himself if he had not bought the said 8. Barrils and since sold them again unto the said Du Monstier and if he was not a Merchant trading and trafficking in Wines and in Linnen cloaths and in other commodities and if being in Maillotz street neer Renelle upon the warning which the said Grenier gave him at the instance of the said De Cauvigny to appear before the said Prior and Consuls and that upon this he the said Du Fay had desired and declared unto the said Grenier Sergeant that he intended to plead before the said Sheriff and not before the said Prior and Consuls and that according to this the said Grenier had made his relation thereof unto the said Du Fay. The Petition of the said De Cauvigny in the granting whereof we have taken and admitted of the oath of the said Du Fay who hath said sworn and affirmed acknowledged and confessed that he had bought of the said De Cavigny the said eight Barrills to sell again and that they were by him sold again unto the said Du Monstier of which oath and affirmation a letter was granted unto the said Atturny of the Merchants and the said Du Fay according to his confession and the advice of the Merchants there present was condemned to pay for the said Barrils after the rate of 11. sols 6. deniers a peece there being deduced out of that a teston which the said Cauvigny had received of the said Du Fay upon the said sum and the said Du Fay was amerced an hundred sols tournois for removing of and transferring the Jurisdiction appliable according to the Ordinance with a restitution as well unto the said Grenier Sergeant of the amercement unto which he was condemned upon imprisonment of his body by the said Sheriff as even also to the Interests as well of the said Grenier as of the said De Cauvigny together with the charges of the said De Cauvigny taxed to the sum of 40. sols six deniers fournois these present being comprehended and the first Pursuivant or his Majesties Sergeant required thereof is charged and commanded to put these presents in execution Given as above Signed Hallé a marke and his Subsignature In the year of our Lord 1567. next following after the Declaration on Saturday 26. day of Aprill in the morning in the hall of the King our Lord and Soveraigne at Roan before us Laurence Puchot Esquire Lord of Gerponuille and Sheriff of Roan according to our Order and verball processe made by us unto Thomas Pouppart the Kings Sergeant in this City of Roan to cause to appear in person and to bring coram nobis Jessé de Cauvigny a wine Merchant dwelling in Perchere street in Cooper this City the said Poupart Sergeant hath presently brought before us the said De Cauvigny to answer unto the Conclusions of the Kings Atturney Generall and to be amerced because he had required and caused to be cited by James Grenier the Kings Sergeant in the said Roan one James du Fay Taylor living in Perchere street
him quoted prefixed and limited to the said Prior and Consuls to come to make inhibition against his said request when also Bigot had said for the Kings Atturney Generall that the said Lord our Soveraign by his last Letters of Declaration had made a very reasonable limitation to those whom the Prior and Consuls had obtained to enlarge the Jurisdiction given unto them by their ordaining and establishing desiring that Cadyot Advocate for the said Prior and Consuls would say what he should think good if he did intend to say any thing else or otherwise that default might be given against him in his own presence The said Cadyot for the said Prior and Consuls insisting in his plea and in desiring that the parties might be sent back to the King and to his Privy Councell where they do intend to shew fully the consequence and importance of the said Letters of Declaration obtained by the same Sheriff of Roan and in case they should take effect and the taking notice of what is sold by retaile should be taken away from the said Prior and Consuls the grant of Jurisdiction made unto them would be so weakned that the traffique of merchandize would be much retarded thereby by the long suits against the Kings mind and other great and pertinent reasons which the said Prior Consuls and Merchants do intend to shew plainly The Court hath appointed and doth appoint the parties to the Councell upon the publishing desired upon the Sheriff of Roan of the Letters of the Kings Declaration of the 15. of September to do right therein in Judging the instance also appointed to the said Councell by a decree of the 13. day of July last past as it shall be found requisite in the mean time the said Court hath made and doth make inhibitions and forbiddeth the said Prior and Consuls upon such penalties as belong to the case to assume unto themselves the taking notice of Processes and differences arising out of Merchandises sold or bought for the ordinary necessities or uses of his Majesties people and subjects permitting them onely to take notice of those differences that proceede by reason of traffique and negotiation of Merchandize between Merchants according to the Ordinance and Letters Pattents of his Majesty concerning their Ordaining and establishing Given as above Signed Dudere with his Subsignature An extract out of the Register of the Court of Parliament THere was seen by the Court the Kings Letters-Patents given at Montpellier the 29 day of December 1564. signed by the King in his Councell Camus and sealed upon a double Label of yellow Wax containing a Declaration Order and Enlargement of the Jurisdiction of the Prior and Consuls established for the Merchants in this citie of Roan a Decree of the Court of Parliament of Paris of the 18 day of January 1563. upon the publishing of the Ordinance and establishing of a Judge and Consuls in the said citie of Paris There was seen also the said Ordinance transcribed and inserted into it the Decree given between the said Prior and Consuls and the Bailiff and Sheriff of Roan the Water-Sheriff the fourty Sergeants and the Counsellours of the common Hall of this said citie of Roan and the Kings Atturney Generall the 13 of July 1565. An Act of the 14 of April last made afore the said Prior and Consuls containing a Declaration made by them that they intended no ways to prejudice the franchises and liberties of Faires of this said City of Roan by the said Pattents and other Papers produced in the said Court according to the said Ordinance of the 13. of July 1565. a conclusion given in writing by the said Atturney Generall of the 13. of August in the said year 1565. The Lawyers of the Bailiffs Sheriffs of Roan Water-sheriffs and of the Counsellours of the Common hall of this City of Roan being all considered It is said that the Court considering the request of the said Prior and Consuls immediately after the publishing of the first Ordinance made upon their ordaining and establishing and with the consent of the Kings Atturney Generall hath ordered and doth order that the said Letters Pattents with the extract of the decree of the Court of Parliament at Paris and the Declaration inserted and transcribed therein shall be read published and registred in the Registers of the said Court upon the condition and provided neverthelesse that the Priors and Consuls which are now and which shall be hereafter chosen shall be bound to appear in the said Bailiffs Court at Roan every year on the usuall dayes and there to take their oathes as other Judges resorting unto the said Court and depending thereon end that the Election of the said Prior and Consuls shall be made in the presence of the two Presidents and Councellours of the said Court as before according to the Decree given in that Court upon the approving and publishing of the first Ordinance of the ordaining and establishing of the said Prior and Consuls upon condition likewise that they shall Judge according as it is prescribed by the Kings Laws and Ordinances as well concerning unlawfull contracts as concerning the number and quality of their Assistants which they shall call in being a fit and competent number to Judge and also that they may not know judge and decide cases finally and without appeal but onely in such cases and no further than the Presidiall Judges Given at Roan in the Parliament the 30. of August the Audience sitting 1556. Signed Du Val with a Subsignature The coppy being examined with the Originall The 25. day of July 1566. I Claudius Moysi Pursuivant in his Majesties Court of Parliament of Roan do certifie that at the request of the honourable Ferdinando de Quintanadoines Prior Thomas du Pont and John Tanquart Consuls of the Merchants of this said City in this present year have Signified the said Decree of the said Court dated the 30. of August 1566. unto Lewis Combaut John Baudovin Roger Bechin and Guillebert Marsellet his Majesties Serjeants of this City of Roan and the chief of every decury speaking unto them in persons and at their dwelling houses for them and all his Majesties Sergeants of their respective decuries in this said City that they nor any of them may not plead that they were ignorant thereof or attempt any thing to the prejudice of the same upon the penalties thereunto belonging sommoning the said chief persons of every decuries to give speciall notice of it to the Sergeants of their decuries to which end I delivered unto every one of the said four chief persons of the decuries a coppy of the said decree with a relation and return thereof at the charges of the said Prior and Consuls Done by me the above said Pursuivant in the presence of Peter du Val and of Romain de Bosc witnesses Signed Moisi with his Subsignature The Kings Letters Pattents in manner of a Declaration given at Moulins containing the confirmation of the Ordinances and
and of the Declaration mentioned therein We do moreover charge and command our first Pursuivant or Sergeant required thereof to signifie our said Ordinance unto the said Officers of the Chancery and to all others whom it shall concern making unto them in our name the Inhibitions and Prohibitions contained therein and for the full and entire execution of our said Ordinance to serve all other Warrants and Acts requisite and necessary without asking any leave or Pareatis to that purpose For such is our pleasure notwithstanding any clamour of Haero Charter of Normandie and Letters contrary unto it Given at Paris the 27 day of March in the yeer of the Lord 1618. and the 8 yeer of Our Reign Signed by the King in his Councell de la Grange with his Subsignature and sealed upon a single Label of the Great Scal of yellow Wax And underneath in the side of the Margent it is written Read published registred in the Chancery of Roan on a Seal day before us John Hallé Lord of Monflaines his Majesties Counsellour of his Privie Councel and of his Councell of State and Master of Requests in Ordinary of his Hall that the Contents thereof may be kept according to their form and tenour Given on Tuesday the 28 day of August 1618. Signed Hallé with his Subsignature An Extract out of the Register of the Court of Parliament VPon the Petition presented by the Prior Consuls and by the Atturney of the Merchants of the citie of Roan to the end that the Ordinance of the Privie Councell and the Letters-Patents given presently after it of the 17 day of March last may be registred in the Registers of the Court That the contents thereof may be put in execution according to their form and tenour and to that end to charge one of the Pursuivants to signifie them unto the Officers of the Chancery and that the said Ordinance and Letters may be read that they may not plead Ignoramus The said Petition being seen by the Court and the said Ordinance of the 17 of March by which it was ordered that the Declaration of the ordaining and establishing of the Jurisdiction of the said Prior and Consuls shall be put in execuiton according to the Ordinance of the approbation of the said Court and so that Sentences and Judgements given by the said Prior and Consuls not exceeding the sum of 205 l. shall be put in execution oppositions or whatsoever notwithstanding And inhibition is made to the Clerks Audienciaries and Controllers of the Chancery of Roan to issue forth any Writs or Commissions of appeal from the said Sentences and they are charged to insert henceforward in the said Writs of Appeal the date of the Sentences and the sums contained in them upon the penalty of damages and interests of the parties in their own private name and for their own particular And that the said Ordinance shall be read in the said Chancery on a Seal day that the said Officers thereof may not plead Ignoramus The said Letters of March of the 17 of March given immediately after the said Ordinance The conclusion of Kings Atturney-Generall and the Commissioners being heard the said Court hath granted an Act unto the said Prior Consuls and to the Atturney of Merchants of the presentation of the said Letters and of the Ordinance of the Councell And hath ordered that a copie thereof shall remain in the Registers Office of the said Court that they may be taken into consideration as it shall be meet Given at Roan in the said Court of Parliament the 14 of August 1618. The Copies being compared with their Originall Signed Cusson with his Subsignature Out of the Paper of the Articles of the Remonstrance made in the Assembly of the three Estates of Normandy sitting at Roan the 16 of September 1613. Together out of the Answers and Ordinances made thereupon by the King at Paris the 22 of January next after following 1614. was extracted the following Article The XXII Article THe calling in of the Controlls of Titles is demanded All manner of persons are interessed in it and more especially Merchants for Bonds conceived to be made for Merchandize which require a speedy dispatch as well for forrain Merchandize as for them that are transported from one Country into another such unprofitable expences being needlesse in trading underneath which Article the words are written To the King And that the Commissioners are agreed on Moreover Granted upon paying again what is disbursed And in the Interim the Kings intent is not That the said Controls should be of any effect for the Bills of Exchange and promises between Merchants Out of another paper of the Articles of the Remonstrances made in the Assembly of the three Estates of Normandy sitting at Roan the 18. day of September 1614. together out of the Answer and Ordinance made thereupon by his Majesty at Paris the 29. of January 1615. was extracted the 17. following Article The XVII Article ALthough by the Answer given unto the Estates assembled the last year your Majesty did grant us That the Controule of Titres should be of no more effect for Bills of Exchange and promises between Merchants because the freedome of traffick doth require that the strictnesse of formalities may not be so exact in such kinds of Agreements as it must be in others Neverthelesse upon a meere Request presented by Master Champage Captain of Fointaine-belleau pretending to have a Pattentee for the said Controuls he hath obtained an Ordinance of the 24. of Aprill last by which the Answer given to the said Estates is called in and it is permitted unto the said Champagne and to his Farmers to get themselves paid for the Controule upon the said Bills of Exchange and promises between Merchants In case this should take effect it were to make all Illusory which was resolved in your Councell upon the Just demands of your people and the Answers also which your Majesty was pleased to give them which ought to be held holy and kept inviolably and to turn them into smoak May it therefore please your Majesty to Order That the Answer unto the Paper of the last year concerning Bills of Exchange and promises between Merchants be put in execution Vnderneath the which Article these words are written To the King And the Commissioners are agreed upon it Moreover The Kings pleasure is that his Answer given upon this matter to the 22. Article of the Paper which the Petitioners presented unto him the last year shall be put in execution An Extract out of the Registers of the Court of Parliament THe Court hath seen the Letters Pattents given at Paris the 22. of January 1614 by which the King commandeth and doth order that the answer made by him the said day unto the 22. Article of the Paper of the Remonstrances those of the three Estates of the Country and Dutchy of Normandy concerning the Controule of Titres be put in execution kept and observed according to the
and Consuls shall be set down and declared without any appeal according as the offence committed shall require Moreover we have granted and do grant the said Prior and Consuls to take unto them twenty of the said Merchants or more or lesse as they shall think reasonable to assist them in proceeding in their Judgements in Causes of Merchandize Bils of Exchange Assurances and Differences as abovesaid and to cause to be executed their Sentences Judgements and Ordinances of Consignments Provisions Seizing of Goods and all their other Condemnations Sentences or Appointments to proceed therein by Out-cries Proclamations giving notice to themselves or leaving notice at their Houses by Proof Sales Depositings Deliveries and execution Definitive as the Case shall require Likewise we give them power to direct the same Processe and to proceed therein according to their Ordinances as well in matters summarily as by provision As acknowledgement of Bils Subscriptions and Letters of Exchange And the like in Acts of deposite consignments by one onely default of Appearance duly proved by summoning the person at his House or fixing there a Copy of the Commission or Processe in all places where it is lawfull to be done And touching other matters where two defaults shall be made or summoned in person they shall proceed observe and keep the course according to the Kings Ordinances And for all matters wherein they shall give sentence of execution according to their knowledge We will and We do permit them as before is said to cause the execution to passe in all places under command of Our Court of Parliament at Roan and in all other places of Our Kingdom where need shall require Without any disturbance or let to be done by any of Our Judges Justicers or Officers either against them or their Deputies Neither shall they let or hinder any Summons or Arrest Writ or Warrants issued out by them And to give their assistance in all Causes appertaining to their knowledge touching matters of Traffick and all things thereunto belonging against all Merchants trading in our said Citie of Roan And as touching their Factors Dealers and Corresponders of what quality soever they be sent by them into divers Countreys Regions and Provinces as well within as without Our Kingdom Countreys and Dominions under Our Obedience for the Cause of Traffick Merchandizing and doing of businesse and all other things thereunto belonging We will and ordain That they may be constrained to bring their Causes and Proofs for all matters aforesaid before the said Prior and Consuls for the time now being or that shall hereafter execute these Offices Be it either for the rendring of account and satisfaction of part or of whole or condemnations in penalties or other condemnations for fines for trespasses and of all other things that shall be requisite concerning and belonging to the trade of Merchandize according as they shall demerit Whereof We have permitted them and do give them power to use the form even as the said Conservator of Lions Prior and Consuls of Thoulouze and others our Judges do And to cause execution to be served on the offenders either by Arrest Attachment of Goods and sale thereof or by imprisonment of the Parties condemned even as they shall think good Inhibiting all our Judges to presume to take knowledge of any of their said proceedings or of any matter or plea thereunto belonging Which Commanders We will to be made known unto them and unto whom it shall appertain by the first of our Officers or Serjeants that shall be required whom We injoyn to perform the same accordingly to the intent that all those charges and extraordinary expences which Merchants may be put unto in following their suites against their Factors and Corresponders before many Judges might by this means be utterly avoided Furthermore We have permitted and do give Authority to the said Prior and Consuls that all such penalties of Moneys as by them shall be inflicted upon men for contempts or any other offences shall be forfeited the one half to Us the other half to the use of the said Common Place or Bourse of Roan for the use thereof allowing them likewise absolute libertie and power to chuse and appoint one Counsellour and one Atturney who shall by all lawfull means labour the benefit and advancement of the said place and shall defend the same to direct their Processe and Causes as well before the said Priors and Consuls as before all other Judges And to the end that the Merchants may assemble themselves as well to consult of their common affairs as to appoint the said Counsellour and Atturney without being bound to repair to Us or to Our Judges for leave when need shall require Therefore all such Judgements as shall passe before the Prior and Consuls being sealed with their seals and signed by a Register by them appointed be it by imprisonment sale disposing of Goods or otherwise shall be held for reall and lawfull being past in manner aforesaid without any constraint to obtain our further permission or liking even according as was granted by Our most Honourable Father the King unto the Merchants of Our Citie of Lions by His Letters Pattents Given in the Moneth of February in the yeer of our Lord 1535. Reserving unto Our said Court of Parliament at Our said Citie of Roan for a last conclusion and by appeal the jurisdiction and knowledge of the said discords and differences And to the end that all such appeals as shall proceed by reason of the Judgements and Sentences that shall be given and declared by the said Prior and Consuls may be speedily and without delay ended in our said Court We have ordained and do ordain injoyn and command all our loving and trusty Presidents and Councellors holding our said Court of Parliament to appoint the said Merchants without delay one day in every week such as they shall think convenient to hear determine and dispatch the said Appellations by order of Roll for that purpose ordained And in regard of the processe by writing there shall be an other Roll made apart to the end that the said appeals may be ended in the same day to avoid the prolonging of suites to the ruine and consuming of the parties And to the end that the said place of meeting of the Merchants twice a day may be quiet and without disturbance Our pleasure is and We do straightly command That none of our Serjeants and Officers presume to enter into the same place nor to make any Arrest for any cause of any person whatsoever during the time of those two accustomed hours of meeting And if such Arrest should be made during the said hours We have declared heretofore and do declare at this present the same to be void and of no effect charging all our Judges not to meddle therein And as we are informed that the Trade of Assurances is of late greatly advanced by the Merchants of the said Citie of Roan a work so honourable
and matters of Exchange As is more amply contained in the Letters Patents of the Moneth of May. The manner how to proceede in matters to be delivered upon a brief and summary triall untill definitive sentence according to the Kings Ordinance ARTICLE 1. FIrst the said Prior and Consuls shall cause all Plaintiffs at their first comming before them in person or by their Atturnies sufficiently authorized to nominate a place in the same Town for his residence or abiding and in default thereof the said Prior and Consuls shall refuse to receive their demands defences and oppositions specially the Plaintiffs as is contained in the first Article of the Kings Ordinance in the speciall clause That all Litigans c. ARTIC 2. Item the said Prior and Consuls are at all times authorized to proceed in their said Jurisdiction ordained for the expedition of Suits and the ease of all Merchants trading in that place except those dayes and holy dayes in which the Court of Parliament of the said place doth not sit according to which Order the said Prior and Consuls may intermit the exercises of their Authority And excepting furthermore the day of the feast of the Kings called Twelf-day in which the said Prior and Consuls are new chosen ARTIC 3. Item the said Prior and Consuls in the said causes cannot grant more then one delay which is a sufficient advantage for the party offending as is contained in the said Letters Patents of the Moneth of May And shall be hereafter declared ARTIC 4. Item if any question shall arise for the acknowledgements of Bills the party that is adjourned shall be granted but one default as above said to come either to confesse or deny his deed And having made one default his Bill shall be held as confessed and available from the day that the said Prior and Consuls shall give their Sentences as is contained in the Kings Ordinances and in the Rubrick for the acknowledgement of Bills ARTIC 5. Item the said Prior and Consuls may take notice that their Authority is greater in the acknowledgement of Bills then the Authority of any other Judges and more then the foresaid Ordinance doth expresse For the said Ordinance doth extend but to the adjourning of the said persons onely And the said Prior and Consuls upon one onely default and notice left at the lodging of the defendant may aver all Bills and declare the same to be payable As is contained in the said Letters Patents of the Moneth of May. ARTIC 6. Item all Debtors and Defendants being in Question for the sayd matters Summary and Provisionall shall be by their Creditors and Plaintiffs onely once warned to appear That is at a competent day and hour before the said Prior and Consuls to accept or deny the demand which shall be made against them by their Creditors and Plaintiffs ARTIC 7. Item all warnings or adjournments that shall be given at the first beginning of any Proces shall contain summarily all the demands of the Plaintiffe to the end that the Defendant being adjourned may come prepared for his answer at the day and time assigned As is contained in the third Article of the Kings Ordinances in the Rubrick of Adjournments ARTIC 8. Item the Messenger or Serjeant executing the said Prior and Consuls Letters of Summons touching the said matter Summary he must adjourn the person himself if he can finde him otherwise he shall fix aswell the Coppie of the Demand as his said Warrant at the door of the lodging of him that is summoned and the same to be duly proved and shall afterwards give knowledge unto the said Prior and Consuls of his diligences done therein as is contained in the said Letters Patents of the Moneth of May. ARTIC 9. Item forasmuch as in the foresaid matters the Plaintiff may in regard of one default obtain advantage in his cause as is contained in the sixth Article of the Kings Ordinances in the Rubrick of Serjeants Therefore all executions or Warrants of all Messengers or Serjeants shall be served and signed by two Witnesses or of one at the least And the said Messengers and Serjeants shall be bound to leave a Coppy thereof with the parties so assigned or else to six the same upon the door of the lodging as beforesaid although they make resistance And to make mention of all the Warrants they have served at the charges of the Plaintiff as is contained in the first and last Article of the Kings Ordinances in the Rubrick of Adjournments ARTIC 10. Item If the party so warned in make not his appearance at the time to him assigned then the said Prior and Consuls may proceed against him in the said Causes by seizing of his Goods so far as the sums shall amount unto pretended to be owing to the Plaintiff or by arresting and imprisoning the party adjourned if he may be taken and so to detain him untill he shall put into the hands of the Justice the like sums pretended to be owing to the Plaintiff And this in case where the party warned and imprisoned would declare nothing in his defence against the other party The Moneys first deposited in the Court as the Conservator of the Fairs of the said City of Lion doth and is contained in said the Letters Pattents of the Moneth of February hereafter expressed ARTIC 11. Item Without seizure of Goods it is lawfull for the said Prior and Consuls at the request of the Plaintiff to proceed against the Debtor by arrest and imprisonment if that be thought the easiest way to do right to the parties without exhibiting the Processe Like as the Conservator of the said City of Lion doth according to the will and pleasure of the late King Francis contained in the said Letters Pattents of the Moneth of February ARTIC 12. Item If the like sums be consigned by the Defendant he being heard in his defences shall be released or condemned by the said Prior and Consuls with charges and fines according as the Case shall require and quality of the person And if the Defendant be prisoner for want of depositing the monies in the Court according to the demand of the Plaintiffe heard upon his defence The said Prior and Consuls shall proceed against all such persons as abovesaid And like as the Conservator of the Faires of the said City of Lyon doth To avoyd long proceedings considering the Parties be present and being for matters touching Trade of Merchandize and Bills of Exchange ARTIC 13. Item if he that is Warned in do not make his appearance according as he is Warned to do and is no prisoner then after one default the sayd Prior and Consuls may proceede by seizing of his goods so far as the sums contained in the demand of the adverse party do amount unto And they may order to call the sayd debtor that at a certain day hour and place he may come to see his Goods so seized to be publikely sold to the end that the Plaintiff may
of our Judges or their Lieutenants have inhibited you to warn any persons before the said Prior and Consuls under great penalties and amercements so that by these means the Edict of their establishing is made delusory voyd and of no effect for them although we are cheefly interessed in the businesse our intent being to make traffique to be used honestly in our Kingdome These are therefore to command and charge you and every one of you being thereunto required to put in full and entire execution all Ordinances Sentences and Judgements given by the said Prior and Consuls and also to serve their Warrants and Writs and make returns thereof as you and every of you shall be required without asking any leave Placet Visa or Pareatis neither shall any one of our Judges whatsoever have power or authority to hinder you or to call you into any of their Courts or Jurisdictions for we have expresly interdicted and forbidden and do interdict and forbid them by these presents so to do under the penalty of answering in their own particular persons for all charges dammages and interests of the parties for such is our pleasure notwithstanding any Edicts Ordinances Restraints Commands Prohibitions and Letters whatsoever to the contrary Given at Paris the 23. day of October in the year of our Lord 1563. and of our reign the third Signed by the King in his Councell Morin with his Subsignature and sealed with one onely labell of the great Seal with yellow wax The said Patents signified unto the Bailiff Sheriff the water Sheriffe Admiralty and Sergeants by Cireule the Messenger according to the relations of the 15. of November 1563. and the 3. of September 1514. The Kings Letter Pattens in form of a Declaration given upon the establishing of the Judges Consuls at Paris CHarls by the Grace of God to all unto which these presents shall come Greeting We give you to understand that upon the Petition presented unto us in our Councell by the Merchants of our City of Roan We have through the advice of the said Councell declared and ordered and do declare and order by these presents That the Edict and order made by us at Paris in the moneth of November in the yeer 1563. for the establishing in our said City of Paris one Judge and four Consuls of Merchants with a Jurisdiction and Power of taking notice of all Processes and differences between Merchants in matters of Merchandice shall have place and shall be kept and observed henceforward as well for what concerneth the manner of the Election as for the Jurisdiction of the Prior and Consuls of Merchants heretofore established in our said Citie of Roan To exercise and to execute Justice henceforward by them that shall be chosen from yeer to yeer between Merchants in matters of Merchandice onely according to the Tenour of the said Declaration And the Counsellours of the common Citie-Hall except they be of the number of them that are chosen shall have no authority to intermeddle with their affairs during the times of free Fayrs as they do pretend to belong unto them by the Charter of the deceased King Lewis the eleventh given at Arras in the moneth of May 1417. which we have called in upon that consideration and in so doing have united and do by these Presents unite the pretended Jurisdiction of the said Counsellours of the Common-Hall to that of the said Prior and Consuls of Merchants and upon the Remonstrance also made by the said Merchants That ordinary Judges do still take notice of the oppositions made against the execution of Sentences and Judgements given by the said Prior and Consuls they pretending to know and that they ought to take notice of the differences between Merchants Drapers Hosiers Shoe-makers Mercers Fishmongers and others that sell and buy by Retail saying That it is a businesse belonging to the Bailiffs Court of the Citie and to the Lieutenants and to the Sheriffs We to make an end of those difficulties and hinderances in the execution of our Edicts have declared and ordered and do declare and order and it is our Will and Pleasure That the taking notice of all oppositions which shall happen hereafter against the execution of the Sentences and Judgements given by the Prior and Consuls of the Merchants of Roan and of all differences in matters of Merchandice between Merchants onely either sellers or buyers by the Great or by Retail shall remain and belong to the said Prior and Consuls privatively from any other Judges as wel ordinury subordinate Deputies Inferiour as of Our said Court of Parliament at Roan Forbidding them the taking of the same in the first Instance being reserved for the parties to provide themselves by Appeal in the cases of Our Ordinance and not otherwise Moreover We do command Our trustie and welbeloved keeping Our said Court of Parliament at Roan to cause these Presents to be read published and registred with an Extract signed out of the Register of Our Court of Parliament at Paris of the said Ordinances given at Paris in the moneth of November 1563. to keep and observe the Contents thereof and to cause them to be kept and maintained inviolably and in every point according to the Form and Tenour thereof causing all hinderances to the contrary to cease considering the good and profit and ease which resulteth from thence unto Merchants and for the maintaining of Traffick Negotiation and otherwise For such is Our Pleasure all pretended Priviledges Statutes Ordinances or any other Letters to the contrary thereunto notwithstanding Given at Montpellier the 29 of December 1564. and in the fourth yeer of Our reign And upon the back-side it is endorsed By the King in his Councell signed by Cauvet his Subsignature with an appearance that the said Letters were sealed with a double Label Moreover it is endorsed Read published and registred with the Extract of the Decree of Parliament at Paris therein mentioned at the request of the Prior and Consuls established for the Merchants in the Citie of Roan and also at the request of the said Merchants with the consent of the Kings Atturneys Generall under the Clauses contained in the Decree thereupon ordered given and now published 1566. At Roan in the Parliament Signed Du Val his Subsignature Decrees Ordinances and Presidents of the Court of Parliament given between the Bailiffs Aldermen Sheriffs of Roan the Water-Sheriff and the fourty Sergeants of the said City of the one part And the Priour and Consul Merchants of the said Common Place of the other part Upon the approving of the Kings Letters-Patents given at Montpellier the 29 of December 1564. above inserted On the 13 of July 1565. at Roan in the Court of Parliament BEtween the Prior and the Consuls established for Merchants in this Citie of Roan and the Merchants dwellers and inhabitants of the said Citie Plaintiffs desiring the approving of the Grant and publishing of certain Letters Patents of the Kings Declaration containing an
Declarations heretofore granted to the Prior and Consuls of the Merchants in Roan with an enlargement of their Jurisdiction Registring and Decree of the approving thereof and a Verball processe of the reading of the same made in the Bailywick and in the Sheriffs Court of Roan CHarles by the Grace of God King of France to our trusty well beloved keeping our Court of Parliament at Roan Greeting The Prior and Consuls of the Merchants of our City of Roan have caused to be told and Remonstranced unto us in our Privie Councell That although by our Edicts Ordinances and Declarations given by us concerning the Jurisdiction of the said Prior and Consuls it is expresly prohibited unto Judges in Ordinary to assume unto themselves the taking notice and Judging of such cases which are attributed unto the said Prior and Consuls Yet notwithstanding they do commonly assume unto themselves the taking notice and judging of the said matters between Merchants and in matters of Merchandize sold or bought either by whole sale or retaile even so far as to prohibite the parties to proceede any where else but before them and they do also forbid the Serjeants to execute the Sentences and commands of the said Prior and Consuls or to cite and warn any body before them amercing them so that the said Serjeants make a scruple and refuse to assist and to be present in the said Court of the Prior and Consuls as they are enjoyned by our Edicts and Declarations which would be made by these means delusory unto them except we were pleased to provide for them in this case being therefore willing that for these causes our Ordinances and Declarations may take place and effect We charge you and through the advice of our Councell do expresly command you by these presents that according unto our said Ordinances and Declarations you do expresly prohibite the Judges in Ordinary the Officers of our said city of Roan and others whom it shall concern to assume unto themselves the taking notice of matters granted by our said Ordinances and Declarations unto the said Prior and Consuls directly or indirectly although the parties themselves were willing to proceed afore afore them and also to forbid the Advocates and Sollicitors to undertake the said causes nor to plead them before the Judges in Ordinary upon the penalty of making voyd the suite and of Arbitrary amercements charges dammages and interests of the parties as well of the said Judges as against the Lawyers and Attornies enjoyning all our Serjegants every one of them in their turns to assist and to be present at the dayes and houres in which the Court of the said Prior and Consuls useth to be kept there to command silence to put in ure and execution their Orders and commands and to summon all such persons before them and to serve their Warrants as they shall be required thereunto and to give them such honour and reverence as they owe unto Magistrates constraining them and evey one of them so to do and to suffer and obey by all due and reasonable meanes and by imprisonment of their persons All oppositions and appeals to the contrary notwithstanding by reason of which we will not have any delay to be made enjoyning likewise our Atturnies in every one of the severall Courts upon the duty of of their Office to be aiding and assisting in the execution of the command and Authority of these presents which we will have to be read and published as well in our said Court as in every of the said Jurisdictions that none may pleade that they were ignorant thereof for such is our pleasure Given at Moulins the 22. day of February 1566. and in the sixth year of our Reign Signed by the King in his Councell Camus with his subsignature and Sealed upon one Labell with the great Seal of yellow wax and in the Margent of the said letters Pattents it is written underneath Read Published and Registred in the hearing of the Kings Atturney Generall that they that have obtained them may enjoy them as it is contained in the Ordinance given this day upon the publishing thereof at Roan in the Parliament the 22. day of March in the year mentioned in the Originall Signed De Boisleuesque with his Subsignature Of the 22 of March 1555. at Roan in the Court of Parliament VPon the request made verbally in the Court by de Bretignieres Advocate in the behalf of the Prior and Consuls established for the Merchants in this Citie of Roan which have obtained some certain Letters-Patents of the Kings Declaration for the ordering of their Jurisdiction given at Moulins the 22 of February last past appearing by M. Richard le Fac their Atturney that it may please the Court in approving the said Letters-Patents to cause them to be read published and registred that the said Prior and Consuls may enjoy them according to the form and tenour thereof Bigot did afterwards declare by the Atturney-Generall that he would not hinder it in case there was no derogating from the Ordinances made by the Court as well upon the publishing of the Ordinance for the ordaining of the said Prior and Consuls as from others even from that Ordinance which was given upon the 11 day of December last between the Sheriff of Roan and them by which it was ordered that the said Prior and Consuls should not take notice of differences arising about things sold for common necessities but onely of such as did arise concerning Traffick between Merchant and Merchant without any prejudice likewise to the Court which useth to be kept in the common-Hall of this citie of Roan during the Fayrs and by the Agreement made between them and the Citizens counsellours of the common-Hall that the said Prior and Consuls of the Merchants should have no power nor no authority of assembling themselves in the said common-Hall for the giving and allowing of charges Because also they may neither thereby assume unto themselves any authority over Judges in ordinary to punish them pretending that they have usurped upon their Jurisdiction And Ango for the Sheriff of Roan and Lermite in the behalf of the Counsellours of the said Common-Hall appearing by M. Peter de Hays and Marten le Roy their Atturneys respectively have declared that except the said Prior and Consuls would give their assent unto the said Qualification and Restraints mentioned by his Majesties Atturney-Generall they do intend to oppose the said reading and publishing Unto which de Bretigneres for the said Prior and Consuls hath said That their intent was not to do against what was agreed upon between them and the said Counsellours of the citie neither to withstand the Ordinances of the said Court by which they were prohibited to use Amercements and Censures permitted by Law for the maintaining of their Jurisdiction and that the said Letters-Patents were read in a due and lawfull manner The Court hath ordered and doth now order That in the margent at the lower end
appearing by his eldest son and by le Pueu his Atturney of the other part When the said Cuillers had persisted to demand that the cause should be sent back as he did demand it yesterday and protested that the summoning made by the said Febvrier was of no validity it was said That the parties shall be and are sent back again to the said place on Munday next to proceed upon the said summoning as it shall be meet Given as above Signed Richer and Nephueu with both their Subsignatures Of the 4 day of December 1597. at Roan in the Court of Parliament BEtween Anthonie Solenne calling himself the Deputy-Commissary unto the Treasurer-generall of the States of Flanders plaintiff by a request of the 30 of August last tending to an Order for a Judge by reason of the contention about Jurisdiction between the Bayliff of Roan or his Lieutenant and the Prior and Consuls of this said City and in chief also plaintiff for a Decree and a Distrein in the hands of Nicholas Bailleul Citizen of the said Roan upon the sum of 200 Crowns consigned into his hands by Giles Fouan to receive payment by the said Solenne of a great deal of money due unto him by Daniel Loyseleur for the remainder upon accounts appearring by M. Thierre des Marestz his Atturney of the one part and the said Giles Fouon a Fleming Merchant here by benefice of Inventory by his wife of the said Loyseur present in person and by M. Nicholas le Cerf his Atturney on the other part Deschamps being heard for the said Solenne and Chrestien for the said Fouan the Court hath changed and doth change the said Ordinance into action and that right may be done upon it hath sent back and doth send back the parties before the Prior and Consuls of Roan and inhibition is made unto the said parties to treat elsewhere upon the penalty of nullity of their proceedings the charges being reserved and hath in the interim ordered and doth order that the said Fouan shall have a mainprise of the money stayed upon giving security for the said summe of 200 Crowns Given as above The copie is compared with the Originall Signed de Boisleuesque with his Subsignature To the Lords of the Parliament The humble Petition of Francis le Teinteurier Citizen of Roan Prisoner in the Court. Sheweth THat your Petitioner was arrested on Tuesday the 9 of this instant moneth according to the Extract of his imprisonment annexed hereunto at the suit of Nicholas Larcanier Tutor in chief unto the children of Nicholas Godin in his life Citizen of Roan which are yet under age for the sum of eleven hundred threescore and five pounds tournois according and for the causes contained in the said Extract for and in the name of the said children under age of the said deceased Godin although the said Godin doth but represent any particular person for buying the Petitioners debt at a rate more than just by half as the Court shall know by the Bills of hand and Cedulles inserted into the accounts by vertue of which he was made prisoner yet neverthelesse the said Petitioner to prevent the detaining of his person in prison hath offered and doth offer unto the said Larcanier all and as much yeerly means as he can possesse which consisteth but in 50 l. per annum untill the end of his payment having no ways to satisfie the debt and moreover that he hath a charge of two children upon his hands For these causes may it please you my Lords that the Petitioner may be enlarged and let out of prison with making over unto the said Larcanier a Letter of an Atturney of the said 50 l. per an or else to see himself received and admitted to the Benefice of Cession of goods and to that end to grant and give Warrant unto the said Petitioner to call within few days the said Larcanier before this Court and you shall do well Signed le Teinturier and Cavé for Bindel Atturney with their Subsignatures And underneath the said Petition the following Ordinance is written Let the Petitioner have his recourse before the Prior and Consuls that right may be done to him as it shall be meet Given at Roan in the Parliament the 11 day of April 1619. And lower The 12 day of the said moneth and yeer at the request and petition of the said le Teinteur aforenamed and by vertue of the present Petition and Ordinance I have cited the said Larcanier here also named speaking to him in his own person in the place of his habitation at Roan to appear to morrow morning before the Worshipfull Prior and the Consuls of the Merchants of Roan to be heard upon the ends of these presents Done by me Pursuivant in the Court undersigned and I have given a Copie of the Warrant in the presence of Martin Bouchart and of others Levent Of the 10. of Aprill 1619. in the Chamber of the Edict in the Parliament at Roan BEtween William de Hammerville Merchant Citizen of Roan creditor unto Peter de Namps Plaintiff by a request presented by him unto the Court the 11. day of December last That by reason of the appeal from the 100. sols amercement Judged and given against him by the Prior and Consuls the 10. day of December 1618 for the pretended transferring and removing of Jurisdiction and of the contention of Jurisdiction between the said Prior and Consuls of Merchants in the said Roan and the Sheriff of the said place for keeping a day for accompts of the money raised out of the sale of the moveables and Marchandises of the said de Namps distrained at the request of the said Hammer-ville by vertue of a sentence of the said Prior and Consuls There was a Warrant was granted to him to cite all the creditors of the said De Namps opposing themselvs to the said making of accompts to be ordered concerning Judges The said De Hammerville appearing in person and by Master Anthony Clovet his Atturney of the one part Peter le Roux Jean le Court the younger and Charles Coasture also creditors unto the said de Namps opposing themselves about the said money cited upon the said Request and the defendants appearing to wit the said Le Court and Consture by Master James de la Ruelle and the said le Roux by Mr. James Baillard their Atturnies of the other part in the presence of the said Prior and Consuls of the Merchants of the said Roan having presented themselves in the cause to demand the sending back thereof into their Jurisdiction appearing by Mr. Ambrose Marc their Atturney of the other part the Court sitting in the Chamber of the Edict the parties being heard and also the Kings Atturney Generall hath made and doth make voyd the appeal and the Contents thereof and amending and redressing the Judgement and sentence hath discharged and doth discharge the said de Hammerville of the amercement made by the said sentence and doing right upon the said Warrant hath sent back and doth send back the parties before the said Prior and Consuls to be proceeded between them as it shall be meet and fit Given as above and there is written beneath the Coppies were compared with the Originall Signed De Boisleuesque with his subsignature and a flourish An Extract out of the Registers of the Court of Parliament VPon the Petition presented by the Prior and the Consuls of this City of Roan tending to the end that it may be permitted unto them to put in Print aswell the Declaration and Ordinance of the ordaining and establishing of their Jurisdiction and of a Common place for Merchants in this said City of the moneth of March 1556. as also an Ordinance of the Court made upon the approving of the said Declaration an Ordinance and other Letters Pattents Ordinances and Declarations of the enlargement of the said Jurisdiction Ordinances and Orders made afterwards thereupon that in time hereafter there may be nothing undertaken to the prejudice of the said Jurisdiction under pretext of being ignorant thereof The Court having seen and perused this Petition the Coppies of the said Declarations Letters Pattents Ordinances and Orders the Conclusion of the Kings Atturney Generall and the Councellor deputed for that purpose being heard hath with the consent of the said Atturney Generall permitted and doth permit unto the said Prior and Consuls to put in Print the said Declarations Letters Pattents Ordinances and Orders to serve and to be availeable unto them as it shall concern them Given in the said Court of Roan the second day of July one thousand six hundred and nineteen Signed De Boisleuesque FINIS Printed according to Order