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
Ordinances in the Title of Cessions ARTIC 4. Item all Scriveners who shall receive any such transports shall be punished by the said Prior and Consuls in an arbitrary penalty and further shall be condemned to pay unto the adverse Party al his costs and charges which he hath sustained by means thereof as is contained in the first Article of the foresaid Rubrick taken of the common disposition of the right Of Accusations THe Parties may accuse the said Prior and Consuls and others of their Jurisdictions if they have lawfull cause so to do And that not in writing but by word in his presence whom they suspect And their accusations shall be summarily examined and decided and if in case the said Prior and Consuls should be accused then the most ancient Merchants and those who have had the first pre-eminence in the said Exchange shall sit in the place of the said Prior and Consuls as is observed in the other Jurisdictions and contained in the Kings Ordinances in the Title of Accusations Of Distributions ARTICLE 1. THe said Prior and Consuls may distribute the Proces unto the most ancient Merchants that be most expert in the matters that be in Question to make a true report unto the said Prior and Consuls according to the allegations and proofs of the said parties to the end to decide the same according to right without any sallery to be given to the said Merchants in regard of their report ARTIC 2. Item all Merchants to whom the said Prior and Consuls shall distribute the Proces they shall be subject to take the advice of the Advocate and Atturney of the said Exchange or of any others if there be any difficulty in the cause to the end to discern the right and to make the better report thereof unto the said Prior and Consuls that they may the sooner end the same according to reason and right and at the charges of their parties pursuants like as the Conservator of the Faires of the said city of Lion doth Of Charges and Dammages ARTICLE 1. FIrst all Charges and Damages shall be taxed by the said Prior and Consuls to a certain sum as it shall truly appear unto them by the discourse of the Proces having a regard to the quality of the Parties and quantity of the causes without receiving from the Parties any declaration of their charges and without any other order of proceeding as is contained in the last Article of the Kings Ordinances in the Rubrick of Charges like as the Conservator of the Faires of the said Lion doth and is contained in the Letters Patents of the moneth of February hereafter specified ARTIC 2. Item if for the repair of the Charges Damages and Interest any person were condemned in a penalty and to remain in prison untill he had satisfied the same by the said Prior and Consuls the said party cannot be by them inlarged without the expresse consent of the Party interessed or that he have satisfied him As is contained in the seventh and eight Articles in the Rubrick of Charges and in the sixt Article of the Rubrick of Penalties Of Penalties ALL Penalties adjudged by the sayd Prior and Consuls to be imployed as before said shall be leavied without delay as is contained in the second Article of the foresaid Title of Penalties An Extract out of the Register of Parliament THe Court did peruse King Henries Letters Patents in form of a Charter and Ordinance given at Paris in the moneth of March 1566. con containing the ordaining erecting and establishing of a Common place in the City of Roan for Merchants that they and their Factors may assemble themselves there twice a day at the usuall houres to traffick and transact their businesses as they do in the Exchange at Lions and in the Burse at Tholouze and also to meet and assemble themselves every year in the said common place and to choose one Prior and two Consuls out of the Merchants from year to year to take notice and Judge of such things as are mentioned in the said Letters Pattents together with the Priviledges and Liberties contained at large therein A Petition being presented by the Citizens Merchants dwellers and Inhabitants in this City of Roan in the behalf of themselves and other Merchants resorting and trafficking thither concerning matters of Merchandize for the approving of which Grant and for publishing of the said Letters Pattents It is ordered that without any prejudice of the oppositions made against the publishing of the said Letters Pattents and Charter they shall be read published and registred The Merchants that shall be chosen according to the tenour thereof to be the Prior Consuls and Clerks of their Court must be free Denizens or else Naturalized and married in this Country Moreover the Election shall be made before a Committee of two Councellours named and deputed by the Court of Parliament for that purpose before which Committee the said Prior and Consuls and the Clerk of their Court shall take the oath requisite for exercising and discharging their duties in their Offices and places The Register of the said Court of Consuls and the Clerk of the Assurance Office must be inhabitants in the City of Roan in some publike and eminent place which shall be chosen and assigned for that purpose Given at Roan in the Court of Parliament the 20 of July 1563. signed by De Goismare I Lewis Marc Pursuivant in the said Court of Parliament did afterwards read and publish the things above mentioned and contained at the crossing of the wayes and in the publike places where Proclamations use to be read in this City of Roan having first of all caused the Trumpet to be sounded and Out-cries to be made after the usuall manner on Friday the last day but one of July 1563. In witnesse whereof I have hereunto set my hand and subsignature Lewis Marc. In the presence of Peter Bataille the Trumpeter and of many others there present at that time The Kings Letters Pattents by which all Messengers of the Parliament and all other or any of the Sergeants of other Courts are enjoyned to put in Execution the Commands and Sentences given by the said Priors and Consuls and to serve the Warrants whensoever they shall be required CHarles by the Grace of God King of France c. To all our Messengers and Sergeants whom it shall concern Greeting Whereas the late deceased King Henry our most honoured Lord and Father hath ordained and established in our City of Roan one Prior and two Consuls after the manner used and observed at the Exchange in Lions and at the Burse in Tholouze Which thing was approved of by our Court of Parliament at the said Roan after many and long suits and yet notwithstanding the most part of you do refuse to put in execution sentences given and orders made by the said Prior and Consuls under colour and pretence that our Bailiffs Sheriffs Admirals the Masters of our Waters and Forests and the rest
be satisfied with the Money proceeding thereof according to reason without any further delay as is contained in the said Letters Pattents of the Moneth of May. ARTIC 14. Item If the Goods so taken and seized be unmoveable the said Prior and Consuls having caused the Out-cries to be made and present sale thereof they shall cause the said Goods to be committed to a certain Commissioner by the Messenger or Serjeant who did execute the said Out-cries And the party who is the pursuer shall cause to be intimated and signified the said Out-cries to all men to whom it shall concern and to annex the intimation of their said Out-cries and the returns of the Warrants under the Counter-Seal of the said Prior and Consuls upon pain otherwise to be of no effect as is contained in the Kings Ordinances in the Rubrick of Out-cries and Sales in the second and fourth Articles ARTIC 15. Item The Notice and Out-cries being made according to the form usually observed in the City of Thoulouze the Sentence and Decree of the said Prior and Consuls being given upon the Goods so sold shall be put into execution in the behalf of him that offereth most and is last inhanser of the price as it is ordinarily done in the Jurisdictions of the other Judges of the said place according to the Tenour of the said Letters Pattents of the Moneth of May and as it is contained in the fifth Article of the Kings Ordinances in the Rubrick of Obligations ARTIC 16. Item Forasmuch as the said Prior and Consuls by the Tenour of the said Letters may use the Rites and means in the exercising of their Jurisdiction which other Judges of the Kingdom do use The said Prior and Consuls may upon the interposition of Decree observe and keep the custome of the Judges of Normandy contained in the twenty fourth Article of the Kings Ordinances in the Rubrick of Abolitions Confessions and Grants c. whereof the Tenour ensueth ARTIC 17. Item Whereas the Returns of many Lands and Inheritances do passe by one onely Decree upon any person for his debts although there be many inhansers of price yet notwithstanding they shall suffer one onely Decree to passe which shall be by the last inhanser to whom the adjudication shall be made And the Register cannot constrain the other parties specially the party who obtained the Decree to take the Letter of Decree and Estate but they shall suffer the said Inhansers to take the Letters of their Inhansements onely and the said party who obtained the Decree to take the Act of that which shall be ordained upon his opposition or else the said Prior and Consuls may make the Act of Return to the other Judges to whom the knowledge of the oppositions do concern ARTIC 18. Item For all executions where there is a command to pay within a certain time it shall not be needfull for the validity of the Warrant of the Outcries and Notice or other seizing of Goods or person to make farther enquiry of Goods moveable But a command duly made by a Messenger or Serjeant to the person or warning left at his Lodging shall suffice After which the Goods seized or the person arrested shall remain untill such time as he hath obeyed the said Command as is contained in the Kings Ordinances in the eleventh Article of the Clause of Obligations And in the said Letters Pattents of the Moneth of February or otherwise they may proceed to the sale of the Goods as is before specified ARTIC 19. Item If the Goods so seized be moveables then after one default they shall be sold publikely to him that offers most to make satisfaction to the Plaintiff And before the sale of the said Goods the Plaintiff shall cause the Defendant to be warned to come see his Goods sold and delivered to him that bids most according to the custome and of the Judges of the said place as it is contained in the said Letters Pattents of the Moneth of May. ARTICLE 20. Item If the said parties warned do make their appearance at the day appointed and do shew any thing against the demand of the Plaintiff being by the said Prior and Consuls condemned to deposite and consign the sums contained in the said demand they cannot hinder the said depositing although they do appeal from the said sentence which is provisionall and cannot be withstood or suspended by appeal as is contained in the last Article of the Kings Ordinances and in the Clause of provisionall Sentences and for want of depositing and obeying the said Sentences the said Prior and Consuls may constrain the Opposers by arrest and by imprisonment of their persons as is contained in the two Letters Patents of the Moneths of May and February hereafter expressed ARTIC 21. Item If opposition be made against the seizing sale or delivering of the Goods or against the Out-cries or interpositions of Decree or against any other chief point where opposition may take place the Money being duly deposited in the Court for the matter of the Authority of the said Prior and Consuls the parties so opposing themselves shall be sent to their Judge and chief men of their Province to declare before them the causes of their oppositions as is contained in certain Letters of the Kings Given at Fountain Bleau the seventh day of December 1551. Read and published according to their Tenours in the Parliament of the said City of Thoulouze the ninth day of February in the same yeer ARTIC 22. Item If the party warned do offer security yet notwithstanding he shall be caused to deposite and then have power to call his security the Money being deposited in the Court who being called before he be accepted for security shall deposite in the like manner that after they may proceed as well against him as against the principall debter according to reason And all Sentences and Judgements that shall be given against the security shall be put in execution to wit against the principall debter for the principall sum And against the securities for the charges dammages and interest onely as it is contained in the twentieth Article of the Kings Ordinances in the Clause of Delayes ARTIC 23. Item To call a Security before Contestation of the Cause the said Prior and Consuls cannot grant but onely one default unlesse the first Security will call a third man for Security to whom they may grant another onely default as it is contained in the second third and fourth Articles of the Kings Ordinances in the said Clause of delayes ARTIC 24. Item In the said matters to be proceeded against Refractories there is no need to give any delay but after one default to proceed as aforesaid for one onely default in the said matters doth give great advantage to one of the parties as it is contained in the first Article of the Kings Ordinances in the Clause of Warnings And all delayes are left by the King to the discretion of the said Prior and Consuls
of our Judges or their Lieutenants have inhibited you to warn any persons before the said Prior and Consuls under great penalties and amercements so that by these means the Edict of their establishing is made delusory voyd and of no effect for them although we are cheefly interessed in the businesse our intent being to make traffique to be used honestly in our Kingdome These are therefore to command and charge you and every one of you being thereunto required to put in full and entire execution all Ordinances Sentences and Judgements given by the said Prior and Consuls and also to serve their Warrants and Writs and make returns thereof as you and every of you shall be required without asking any leave Placet Visa or Pareatis neither shall any one of our Judges whatsoever have power or authority to hinder you or to call you into any of their Courts or Jurisdictions for we have expresly interdicted and forbidden and do interdict and forbid them by these presents so to do under the penalty of answering in their own particular persons for all charges dammages and interests of the parties for such is our pleasure notwithstanding any Edicts Ordinances Restraints Commands Prohibitions and Letters whatsoever to the contrary Given at Paris the 23. day of October in the year of our Lord 1563. and of our reign the third Signed by the King in his Councell Morin with his Subsignature and sealed with one onely labell of the great Seal with yellow wax The said Patents signified unto the Bailiff Sheriff the water Sheriffe Admiralty and Sergeants by Cireule the Messenger according to the relations of the 15. of November 1563. and the 3. of September 1514. The Kings Letter Pattens in form of a Declaration given upon the establishing of the Judges Consuls at Paris CHarls by the Grace of God to all unto which these presents shall come Greeting We give you to understand that upon the Petition presented unto us in our Councell by the Merchants of our City of Roan We have through the advice of the said Councell declared and ordered and do declare and order by these presents That the Edict and order made by us at Paris in the moneth of November in the yeer 1563. for the establishing in our said City of Paris one Judge and four Consuls of Merchants with a Jurisdiction and Power of taking notice of all Processes and differences between Merchants in matters of Merchandice shall have place and shall be kept and observed henceforward as well for what concerneth the manner of the Election as for the Jurisdiction of the Prior and Consuls of Merchants heretofore established in our said Citie of Roan To exercise and to execute Justice henceforward by them that shall be chosen from yeer to yeer between Merchants in matters of Merchandice onely according to the Tenour of the said Declaration And the Counsellours of the common Citie-Hall except they be of the number of them that are chosen shall have no authority to intermeddle with their affairs during the times of free Fayrs as they do pretend to belong unto them by the Charter of the deceased King Lewis the eleventh given at Arras in the moneth of May 1417. which we have called in upon that consideration and in so doing have united and do by these Presents unite the pretended Jurisdiction of the said Counsellours of the Common-Hall to that of the said Prior and Consuls of Merchants and upon the Remonstrance also made by the said Merchants That ordinary Judges do still take notice of the oppositions made against the execution of Sentences and Judgements given by the said Prior and Consuls they pretending to know and that they ought to take notice of the differences between Merchants Drapers Hosiers Shoe-makers Mercers Fishmongers and others that sell and buy by Retail saying That it is a businesse belonging to the Bailiffs Court of the Citie and to the Lieutenants and to the Sheriffs We to make an end of those difficulties and hinderances in the execution of our Edicts have declared and ordered and do declare and order and it is our Will and Pleasure That the taking notice of all oppositions which shall happen hereafter against the execution of the Sentences and Judgements given by the Prior and Consuls of the Merchants of Roan and of all differences in matters of Merchandice between Merchants onely either sellers or buyers by the Great or by Retail shall remain and belong to the said Prior and Consuls privatively from any other Judges as wel ordinury subordinate Deputies Inferiour as of Our said Court of Parliament at Roan Forbidding them the taking of the same in the first Instance being reserved for the parties to provide themselves by Appeal in the cases of Our Ordinance and not otherwise Moreover We do command Our trustie and welbeloved keeping Our said Court of Parliament at Roan to cause these Presents to be read published and registred with an Extract signed out of the Register of Our Court of Parliament at Paris of the said Ordinances given at Paris in the moneth of November 1563. to keep and observe the Contents thereof and to cause them to be kept and maintained inviolably and in every point according to the Form and Tenour thereof causing all hinderances to the contrary to cease considering the good and profit and ease which resulteth from thence unto Merchants and for the maintaining of Traffick Negotiation and otherwise For such is Our Pleasure all pretended Priviledges Statutes Ordinances or any other Letters to the contrary thereunto notwithstanding Given at Montpellier the 29 of December 1564. and in the fourth yeer of Our reign And upon the back-side it is endorsed By the King in his Councell signed by Cauvet his Subsignature with an appearance that the said Letters were sealed with a double Label Moreover it is endorsed Read published and registred with the Extract of the Decree of Parliament at Paris therein mentioned at the request of the Prior and Consuls established for the Merchants in the Citie of Roan and also at the request of the said Merchants with the consent of the Kings Atturneys Generall under the Clauses contained in the Decree thereupon ordered given and now published 1566. At Roan in the Parliament Signed Du Val his Subsignature Decrees Ordinances and Presidents of the Court of Parliament given between the Bailiffs Aldermen Sheriffs of Roan the Water-Sheriff and the fourty Sergeants of the said City of the one part And the Priour and Consul Merchants of the said Common Place of the other part Upon the approving of the Kings Letters-Patents given at Montpellier the 29 of December 1564. above inserted On the 13 of July 1565. at Roan in the Court of Parliament BEtween the Prior and the Consuls established for Merchants in this Citie of Roan and the Merchants dwellers and inhabitants of the said Citie Plaintiffs desiring the approving of the Grant and publishing of certain Letters Patents of the Kings Declaration containing an
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
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
of the said Letters-Patents these following words shall be written Read published and registred in the hearing of the Kings Atturney-Generall the Contents thereof to be enjoyed and used by the Petitioners according to the Edict of their ordaining and establishing a Decree being made thereupon and another Ordinance being made between the Sheriff of Roan and them in the moneth of December last past and an Order between the Prior and Consuls and the Counsellours of the Common-hall of this Citie Given as above Signed Du Val with his Subsignature BY the Kings Letters-Patents given at Anger 's the 6 of November 1568. it was permitted unto the said Consuls to levie Moneys upon Merchants dwelling and trafficking in the citie of Roan either strangers made Denizens or others as well for the buying of a place for their Court as for other occasions and things thereunto incident and approved of in the Court of Parliament the 2 day of May in the yeer aforesaid The said Letters-Patents and the Ordinance of approving thereof are here omitted for brevity sake because they are mentioned and related in the next following verball Processe The verball Processe made by the Counsellors deputed by the Court. IN the yeer of the Lord 1566. on Friday the 2 of August We George le Brun one of his Majesties Counsellours in his Court of Parliament at Roan deputed Commissioner by it by an Ordinance of the 26 day of June last at the request of Bardin Bignon the Atturney of the Merchants and of the Exchange of the Prior and Consuls of this city of Roan and M. William Godeffroy Advocate in the said Court and chief Commissioner in the civill Register in the Auditories of the Bayliffs and Sheriffs Courts in this city of Roan did go to put in execution the said Ordinance containing our Commission and according unto it to cause the Letters-Patents to be read and published and also the Ordinances of the said Court mentioned therein And first of all in the Auditory of the Bayliffs where we found the Court sitting and M. James de Brevedent Lieutenant-Generall unto the said Bailiff of Roan keeping it assisted by M. James de Chandelier Richard Guerard James Cadyot and Robert le Teillers counsellours in the Presidiall See of the said Bayliwick which de Brevedent having yeelded us the chayr we have at the request of the said Bignon the Atturney caused to be read and published by the said Godeffroy our Register first of all the said Decree containing our Commission and afterwards the said Letters-Patents given at Anger 's the 6 day of November last the Ordinance of the Court given for the approving and granting of them the 2 day of May also last past the Letters-Patents given at Moulins the 22 day of February the Ordinance of the Court given upon the reading publishing and registring of them the 22 of March and another Ordinance therein mentioned given the eleventh day of December aforegoing between the Sheriff of Roan of the one part and the said Prior and Consuls of the other together with the Decree of the 22 of June last past containing a Permission from the said Court unto the said Prior and Consuls to cause the said Letters and Ordinances to be published in the said Jurisdictions and Auditories of the Bayliwick and Sherivalty of Roan after which reading and publishing the said Bignon in the said Name hath required us that an Act and a verball Processe might be delivered unto him And it hath been required and demanded by the said de Brevedent the Lieutenant that the copies of the said Letters and Ordinances might be delivered unto him to provide himself for his part against the usurpations which the said Prior and Consuls make commonly upon the Jurisdiction and otherwise as he shall see good to be done protesting that the said reading and publishing can be no ways prejudiciall unto him The like Request and Protetestation being made by M. Matthew Poullain Advocate in the behalf of the Registers of the said Bayliff of Roan the said Bignon protesting against it in the said Name Of which reading and publishing we have granted an Act to the said said Prior and Consuls appearing as above and to the said Lieutenants and Registers of their Protestations and to the said Bignon in the said Name of his Protestation to the contrary to be available unto them respectively as it shall be reasonable and have ordered that the copies of the said Letters-Patents and Ordinances should be delivered unto the said Bevedent and Register to such end as shall be fitting This being done we went into the Sheriffs Auditory wherein we have likewise found the Court sitting and kept by M. William Puchot Sheriff of Roan who yeelded us the place and the chair in which Auditory the Court sitting as above we have caused the like reading and publishing to be made as above of the Letters-Patents and Ordinances above quoted and dated Which reading and publishing being heard by the said Bignon he hath besought and requested in the said Name that an Act and a verball Processe thereof might be delivered unto him to be available in time to come as it shall be meet And we were requested by the said Puchot to cause the copies of the said Letters-Patents and Ordinances to be delivered unto him to provide himself for his part against the usurpations which he hath said to be made daily by the said Prior and Consuls upon his Jurisdiction and to that end to present his Petition unto the Court that it may be likewise permitted unto him to cause the said Ordinance of regulating made between him and the said Prior and Consuls the 11 of December to be published after the sound of the Trumpet in all the crosse-ways of the City protesting moreover that the said reading and the publishing can be no ways prejudicial unto him Whereupon we have ordered that the said Prior and Consuls shall have and we have granted them an Act of the said reading and publishing to such ends as are contained in their request and unto the said Sheriff his Protestation and that the Copies requested by him shall be delivered unto him to such ends as it shall be meet and unto the said Bignon in the said Name of his contrary Protestation Of all which things we have made this verball Processe and have signed it in truth with our Signet and caused it to be signed by our Register and Assistant and thereunto the Seal of our own Arms to be put the yeer and day above-written The Kings Letters-Patents containing a Declaration upon the reestablishing of Court of Requests in Roan CHarles by the grace of God King of France To Our trusty and welbeloved keeping Our Court of Parliament at Roan Whereas by the Ordinance of the reestablishing the Court of Requests in Our said Court published in it the first day of July last it was ordered in one of the Articles thereof That the Masters of the said Requests shall take notice in
the first instance privatively from any other of the differences of Hansians Germanes Ostrelins English Scotch Portingals Spanish and other Forreigners which shall be made and moved by them against Our Subjects within the Precincts of your Jurisdiction for what occasion soever which many would interpret to the prejudice and restraint of the Jurisdiction of the Prior and Consuls of the Merchants of Our city of Roan We give you therefore to understand That upon the Remonstrance made unto us by the Atturney of the said Prior and Consuls to make Our intents and will clear We have said and declared and do say and declare by these Presents That we have not meaned by the said Article of the said Ordinance to prejudice any ways nor touch what is formerly granted by Our Ordinances Orders and Declarations made upon the establishing of the said Prior and Consuls of Roan for Suits in Law and differences between Merchants and in matters of Merchandise and in things incident thereunto We will and Our pleasure is That the said Ordinances Orders and Declarations shall hold be kept and observed in every point without any restriction or limitation soever the said Article notwithstanding Moreover We do command and enjoyn you to cause the said Prior and Consuls present or to come to enjoy fully and peaceably the said Letters-Patents and Declaration ending and causing all hinderances to the contrary to cease The Ordaining and re-establishing of the said Chamber of Requests or any oppositions or prohibitions to the contrary thereof notwithstanding for such is our pleasure Given at the Castle of Bolonge neer Paris the 8. day of July in the year of the Lord 1568. and the eighth year of our Reign Signed by the King in his Councell Camus and sealed upon a single Labell with the great Seal of yellow-wax A Confirmation of the Ordinances and Declarations concerning the establishing of the Jurisdiction and Common Place of the Merchants of Roan in the year 1596. And Ordinance of the approbation thereof in Parliament HEnry by the Grace of God King of France and of Navar To all present and to come Greeting Our dear and well beloved the Prior and Consuls of the Merchants of our City of Roan have caused to be Remonstrated unto us That although our deceased predecessours Charles and Henry the last our most honoured Lords Father in Law and brother have for great and just considerations granted them Letters Pattents aswell in form of Ordinances of their ordaining and Institution as of Orders and Declarations concerning the Jurisdiction and the taking notice of what is granted them in matters of Merchandize and for the manner of their Election duly and rightly approved of in our Court of Parliament of the said place neverthelesse they are dayly troubled and tormented by Judges in Ordinary which endeavour to make the said Jurisdiction of no effect and to frustrate the Merchants of the said Roan their Widdows Heires and Factors Negotiators Masters of Ships of Vessels Boats Packmen Carriers carrying and re-carrying their Merchandizes importing or transporting their Wares by water and by land of the good and sincere intention of our said Predecessors and there are also Commissions of appeals issued out of the Chancery in the said Roan for small sums under which they have power to Judge without any appeal And moreover Sergeants do not perform and execute what they are enjoyned by the said Ordinances and Declarations and other trespasses made upon their Jurisdiction by reason of which and that we may cause them to enjoy peaceably the contents of the said Ordinances and Declarations Dated in the Moneth of March 1556. 23 of October 1563. 29 of December 1564. 22 of February 1566. 22 of August 1586. and of the Ordinances of approbations thereof which have ensued in our said Court of Parliament they have besought us to be pleased to grant them our necessary Letters Pattents of confirmation and therefore desiring to redresse the Petitioners in this point and to afford all occasions unto Merchants to cause the commerce and traffick to flourish as much as it shall lye in us in imitation of our said Predecessours and for the Common good of this our Kingdome We have continued and confirmed do continue and confirme by these Presents all the Contents of the said Ordinances Orders and Declarations of the said Kings our Predecessours and of the said approbations made by our said Court of Parliament concerning them here annexed against the Counter-seal of our Chancery that they and their successours in the said charges may enjoy them and make use of them as they have done heretofore and do yet at this present altogether and in the same form and manner as it is contained at large and declared in the said Ordinances Orders and Declarations and in the said Ordinances of approving thereof Moreover we do charge and command our trusty and well-beloved the Councellours keeping out Court of Parliament in the said Roan the masters of Requests in Ordinary of our hall keeping the Seal of our said Chancery and unto them that keep the Court of Requests of our said Court the Bailiff of the said Roan or his Lieutenant and to every one of them as it shall concern them to verifie or approve of these our present Letters of continuation and confirmation and of all the contents thereof of the said Declarations Ordinances and approbations thereof granted and made by the said Kings our Predecessors to cause suffer and permit the said Petitioners and their successours in the said charges fully peaceably and perpetually to enjoy and use them ceasing and causing others to cease from all troubles hinderances and oppositions to the contrary For such is our pleasure and that it may be a sure and a permanent thing for ever we have caused our Seal to be put unto these presents our own right being saved in this and other mens right in all things Given at Roan in the yeer of our Lord 1569. and the eighth year of our reign Signed Henry and upon the fold of the Labell By the King Potier with his Subsignature Moreover it is written thus upon the fold or place of the Labell Visa Contentor Signed Poussepin with his subsignature and sealed upon a labell of red and green silke with the great Seal of green wax and besides Registred in the Registers of the Court in the hearing and with the consent of the Kings Atturney Generall to the end that they which have obtained them may enjoy the Contents thereof according to their form and tenour and according to the former Ordinances Given at Roan in the Parliament the 7. day of August 1598. Signed De Boisleuesque with his Subsignature An Extract out of the Register of the Court of Parliament VPon the Petition presented by the Prior and Consuls of this City of Roan to the end that the Letters Pattens granted unto them in the moneth of December 1596. may be verified and approved of and registred in
the Registers of the Court to enjoy the Contents thereof according to their form and tenour by which the King hath confirmed unto them all the Contents of those Declarations and Ordinances which were made by his Predecessors in the moneth of March 1556. the 23. of October 563. the 29. of December 564. the 22. of February 566. and the 22. of August 586. together with the approving and acceptations thereof by the said Court that they and their successours in the said Offices may enjoy and use them as they have done heretofore and do still use at this present and in the same form and manner altogether as it is contained and Declared in the said Declarations Orders and Ordinances concerning the approbations thereof The said Petition being seen by the Court together with the Letters Pattents in form of a Declaration of King Henry the second in the moneth of March 1556. The Ordinance of the said Court ensuing upon the approbation thereof on the 20. of July 563. other Letters Pattens of Charls the ninth of the 25. of October in the same year and the 29. of December 564. An Ordinance ensued upon the approbation thereof of the 30. of August 566. Other Letters Pattents of Declaration of the 22. of February in the said year 66. An Ordinance of approbation of the 22. of March other Letters Pattens in form of a Declaration granted to the said Prior and Consuls by King Henry of happy memory lately deceased In the moneth of August 586. upon the Ordinance ensued for the approbation of the said Letters Pattents of the 22. of the said Moneth after the Conclusion of the Kings Atturney Generall All being considered the Court hath ordered and doth order that the said Lettets Pattens of confirmation of the moneth of December 596. shall be Registred in the Register of the said Court That the Prior and the Consuls of the Merchants of this city of Roan may enjoy the Contents thereof according as it is contained in the former Ordinances Given at Roan in the said Court of Parliament the 7. day of August 1598. The Coppies being compared with the Originall Signed De Boisleuesque with his Subsignature Another Confirmation of the said Jurisdiction and Place of Merchants in Roan and the approbation thereof in Parliament LEwis by the grace of God King of France and Navar To all present and to come Greeting Desiring in imitation and after the example of the deceased Kings our predecessours to shew our grace and favour unto our dear and welbeloved the Prior and the Consuls of the Merchants in our good City of Roan and to maintain and protect them with all our might in the Consulary Jurisdiction which was granted unto them by our Predecessors by many of their Letters Patents confirmed also by the Letters-Patents of Charter of the moneth of December of our most honoured Lord and Father in the yeer 96. After which many Judgements and Ordinances have ensued to their profit and advantage that the said Jurisdiction might no ways and in what manner soever be altered or diminished to their prejudice For these causes by the advice of our Councell who have seen the said Letters-Patents Judgements and Ordinances annexed hereunto We out of our speciall grace full power and Royall authority have continued and confirmed do continue and confirm unto the said Prior and Consuls of Merchants in the said City of Roan granted given and confirmed unto them by the said Letters-Patents and Ordinances to be enjoyed and use made of by the said Petitioners and by their Successours in the said Charges fully and peaceably according unto their said Letters Patents Grants Judgements and Ordinances and in the same manner as they have well and rightly enjoyed and used them and do still at this present make use thereof Moreover we do command our trustie and welbeloved keeping our Parliament in Roan the Masters of Requests in Ordinary in our Common-hall the keepers of the Seal of the Chancery and those that keep the Requests in the Hall or Palace of the said place the Bayliff of the said Roan or his Lieutenant and every one of them as it shall concern them to cause suffer and permit the said petitioners and their successours in the said places to enjoy and peaceably fully and perpetually to make use thereof in every point according to their form and tenour of these Letters Pattens of confirmation and all the Contents as above and so to cause our abovesaid Letters Patents Declarations and Ordinances made thereupon to be kept observed maintained and put in execution not permitting nor suffering the least trouble disturbance or hinderance to be done unto them to the contrary Which we do expresly forbid unto all persons upon 100. l. amercement and upon all the charges dammages and interests for such is our pleasure And that it may be a sure and a permanent thing for ever We have caused our Seal to be put unto these presents save our own right in these and the right of others in all things Given at Roan in the year of our Lord 1617. and the eight year of our Reign Signed Lewis and upon the Labell Visa and Contentor signed Thibaut with his subsignature The said Letters being sealed with the great Seal of green wax with red and green strings And Registred the Kings Atturney Generall hearing and assenting unto them that they that have obtained them may enjoy the Contents thereof according to the former Ordinances Given at Roan in Parliament the 14. day of August 1618. Signed Cusson with his subsignature An Extract out of the Register of the Court of Parliament VPon the Petition presented by the Priors and Consuls and the Atturney of Merchants of this City of Roan to the end that the Letters Pattents in form of Charters given at Roan in the moneth of December last may be verified and approved of and Registred in the Registers of the Court that they that have obtained them may enjoy the Contents thereof according to their form and tenour the Court having seen the said Petition the Letters Pattens by which the King having seen at the Councell Table many other Letters Pattens of the Kings his predecessors Charters Judgements and Ordinances ensued hath continued and confirmed the jurisdiction of the said Prior and Consuls that they and their successors in the said charges may keep it and exercise it according and conforming to their said Letters and even as they have heretofore well and rightly enjoyed them and made use thereof and do still at this present make use of the same The Letters Pattents in form of a Declaration of Henry the second of the moneth of March 1556. containing the Ordaining and establishing of the Jurisdiction of the said Prior and Consuls The Ordinances of approbation thereof in the said Court of the 20 of July 1563. Other Letters Pattents of Charles the ninth of the 13. of October in the said year of the 29. of December 1564. The Ordinances upon
the approbation thereof of the 30. of August 1566. Other Letters of Declaration of the 22. of February in the said year and an Ordinance of approbation of the 22. of March Other Letters Pattents in form of a Declaration of the moneth of August 1586. and another Ordinance ensued thereupon of the 22. of the said moneth Other Letters of King Henry the Great of the moneth of December 1596. containing the confirmation of all the said Ordinances and Declarations An Ordinance of the said Court of the 17. of August 1598. made upon the approving of the said Letters Pattents The conclusion of the Kings Atturney Generall and the relation of the Deputy Councellour deputed by the Court. All these things being heard the said Court with consent of the said Atturney Generall Hath ordered and doth order that the said Letters Pattents of the said moneth of December last past shall be Registred in the Register thereof that they which have obtained them may enjoy what is contained therein according to the former Ordinances Given at Roan in the said Court of Parliament the 14. day of August in the year 1618. The Coppy being compared with their Originals Signed Culson with his Subsignature An Ordinance of his Majesties Privy Councell containing a prohibition made unto the Clarks Audienciaries and Controllers of the Chancery of Roan to issue forth any Commission or Writ of appeal from those sentences given by the Prior and Consuls that shall not exceed 250. l. upon nullity and no Validity thereof And they are enjoyned to insert in the Commissions or Writs of appeal the Date of the said sentences and the sums likewise from which the appeal is made An extract out of the Registers of the Kings Privy Councell VPon the Petition presented unto the King in his Privy Councell by the Prior and Consuls of Roan to the end that whereas by the establishing and institution of their Jurisdiction in imitation and after the manner of that of the Consuls of Paris they have Authority to Judge without appeal as far as 500. l. The Court of Parliament hath notwithstanding limited the said Authority unto 250. l. after the manner of presidiall Courts which the said Petitioners have alwayes enjoyed but within these few yeers that Merchants seeing themselves condemned to pay any small sums as of 50. l. and of 100. crowns or of 120. l. do appeal from their sentences and addresse themselves to the Clarks of Chancery which for the most part set not down the sums contained in the said sentences nor the date thereof which is the reason why the Petitioners are commonly intimated and cited by the said appeals That it may therefore please his Majestie to maintaine and uphold the Petitioners in the Authority they have to Judge without appeal as far as 500. l. and to order that such sentences as shall go beyond the said sum may be put in execution oppositions or appeals whatsoever notwithstanding according to the Contents thereof and to prohibit all or any of the Clarks Audienciaries and other Officers of the Chancery to signe or cause to be sealed any Commission of appeal from the said sentences of the said Petitioners upon 200. l. amercement in their own private names and which contain not the sums and the Date mentioned therein and to enjoyn the Court of Parliament to take no notice of such appeals but to send the parties back again presently and to amerce those that shall appeal The said Petition being seen the copie of the Declaration of the Ordaining of the Jurisdiction of the Consuls of Paris of the moneth of November 1563. the copie of the Letters-Patents in form of a Declaration containing the Institution of the Jurisdiction of the said Prior and Consuls after the manner of that of Paris of the 29 of December 1564. the Ordinance of the Court of Parliament of Roan of the 30 of August 1566. containing the approving of the said Declaration upon that condition That the said Consuls shall not take notice or judge of Causes without appeal beyond and further then the Judges of Presidiall Courts use to do Other Letters-Patents containing an order and regulating of the said Consulary Jurisdiction of Paris of the 20 of July 1566. The Sentences given by the said Prior and Consuls of Roan A copie of the Commission of Appeal from those Sentences with the Warrants and Citations of the said Consuls before the Court of Parliament in Roan to see the said Sentences corrected and amended and other Papers annexed to the said Petition And the Relation of the Counsellour deputed by the Court for that purpose being heard the King in his Councell ordereth That this Ordinance shall be put in execution according to the Decree and Ordinance of the approving of the Parliament of Roan thereof and so that Sentences given by the said Prior and Consuls not exceeding 250 l. shall be put in execution notwithstanding oppositions or appeals whatsoever hath prohibited the Clerks Audienciaries and Controllers of the Chancery of Roan to issue out any Commissions of Appeal from the said Sentences and charged them to insert henceforwards in the said Commissions the dates of the said Sentences and the sums contained therein with the penalty of the damages and interests of the said parties in their own private name for their own particular and of greater losse if it falleth out so And this present Ordinance shall be read in the Chancery on a Seal-day lest the Officers of the Chancery should pretend to be ignorant thereof The Atturney-Generall of the said Court is charged to aid and assist the execution of the said Declaration and of this present Ordinance Given in his Majesties Privie Councell sitting in Paris the 17 day of March 1618. The copies being compared with their Originall Signed de la Grange with his Subsignature and Signet LEwis by the grace of God King of France and of Navar To all our Trustie and Welbeloved the Counsellours keeping our Court of Parliament in Roan Greeting We command order and expresly enjoyn you to cause to be put in execution the Ordinance of our Councel here annexed under our counter-Seal given this day upon the Petition presented unto us by our welbeloved the Prior and Consuls of our citie of Roan in every point according to the form and tenour thereof constraining and causing to be constrained in our Name all such as shall suffer themselves to be constrained to do it to suffer and obey it by all due right and just ways oppositions or appellations whatsoever notwithstanding We do likewise command the first of our welbeloved Counsellours and Masters of Requests in ordinary of our Hall that shall be found in those places or in any Audienciary of the Chancery of Roan to cause the said Ordinance to be read and published in the Chancery on a Seal-day that the Officers thereof may not plead ignoramus charging to that effect our Atturney-Generall to aid and uphold the execution of the said Ordinance
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
Roan for the sum of 100. l. for one part and of 27. l. ten sols for another part which he should say to be due unto the said Graffard by the said Herlenc for the sale of wine the said imprisonment made by vertue of a certain obligation acknowledged before the Prior and Consuls of the said place in Roan the 25. of September last unto which there was no attachment of the honourable the Bayliff of Caux nor of us neither Therefore he desired the said Warrant to be made voyde and the said Herlenc to be delivered and to be put out of the said prison with the interest and charges When we had heard the said Sergeant thereupon who hath confessed that he made the said imprisonment by vertue of the said Obligation without any attachment we have declared the said execution and Warrant voyde and annulled and made an inhibition unto the said Sergeant to make any more imprisonments of such persons resorting and Ostagers of this Jurisdiction without our attachment or that of the honourable the Bayliff upon the penalty of 100. l. amercement and we do order for this present that the said Herlenc shall be delivered out of the said prisons and that the goods taken upon execution by the said Sergeant shall be restored by the said Sergeants unto the said Herlenc except the matter of his interests and charge which to obtain he shall if he thinketh good cause the said Graffard to come before us unto which end a Warrant was granted to him and the first Sergeant is commanded to put these presents in execution Dated as above Signed Avisse Lorbec with their Subsignatures Of the 20. day December 1577. at Roan in the Registers Office of the Court of Parliament BEtween Peter Graffard Citizen of Roan being joyned with him the Atturney of the Prior and Consuls of this said City and the Kings Atturney Generall appealing from Master Francis Avisse the Sheriff of the New-Castle all appearing to wit the said Graffard by Master Adrian le Tellier his Atturney assisted with Master William Prin his Councell of the one part and the said Atturney of the Merchants by Master William le Fae his Atturney assisted by Master Peter Cadyot his Councell likewise of the one part and the said Avisse the Sheriff intimated in the appeal and taken to party being present and by Master Nicholas Guillot his Atturney assisted by Master James Lermitte his Councell of the other part It was appointed with the consent of the said parties appearing as above that the said appeal and that from which it was appealed should be made voyd and by reforming the Judgement and sentence that the parties should be discharged of the suite without any charges or interests of either part and it was ordered that the sentences of the said Prior and Consuls shall be put in execution according to the forme contained in the Ordinance of their Ordaining and without being bound to take any attachments of the Judges of the places Given as above Signed De Boisleuesque with his Subsignature HEnry by the Grace of God King of France and of Poland to all those that shall see these presents Greeting There being presented this day in our Court of Parliament the Cause of Peter Allaine Citizen Merchant of Roan appealing from Master John du Tot Lieutenant to the Sheriff of Caudebec in the sea Court of Cany The Atturney of the Prior and Consuls of the said Roan being joyned with the said Allaine likewise appealing from the said Du Tot and the said Allaine requiring the grant of a request tending to the end that right may be done upon the principall by judging the appeal and to the said principall Plaintiff by an execution for the sum of 29. crowns two third parts of a crown and seven sols six deniers appearing by Master Nicholas du Quesnay and Richard le Faé their Atturnies of the one part and Nicholas le Clerc intimated and to the said principall opposing himself and the said Du Tot also intimated and taken to party in his own particular name and defendants against the said request by Master William Hallé and Robert Arondell their Atturney of the other Prin for the Plaintiffs in the appeal hath said that their appeal resulteth and proceedeth from a manifest errour in case of right committed by the said Du Tot Lieutenant and the said Plaintiffs in the appeal are not willing that this cause should be pleaded in a publike Audience he hath offered an expedient out of the Court without suing to make the appeal and that from which it is appealed voyd and by the deciding the principall that the said Clerc and Du Tot might be condemned to the payment of 29. crowns two thirds of a crown seven sols six deniers for the which sum the said Allaine had required and caused execution to be made upon the taking of many dead and alive Mamps which goods the said Du Tot had abusively caused to be put again into the possession of the said Le Clerc the said Du Tot Judge a quo pretending that the said Allaine had no Authority to cause the sentence to be given by the said Prior and Consuls upon the recognisance or acknowledgement of the bill of the hand and of the bond of the said Le Clerc containing the said 29. crowns two thirds of a crown and 7. sols 6. deniers to be put in execution except he had obtained of the said Sheriff De Caudebec or of him Du Tot his Lieutenant an attachment to that effect which is an errour in the fact and in Law because it is manifest Notorietate facti permanenti That the Warrants Sentences and Judgements of the said Prior and Consuls are to be put in execution within all the Precincts of this Jurisdiction without asking of the Ordinary Judges of any of the places any placet leave or attachments for that purpose by the means of which errour upon which the sentence and Ordinance of the said Du Tot Lieutenant is grounded the said Allaine would be like to lose his said debt the said Clerc having been put again into the possession of his goods taken upon the execution which he hath since alienated and so became insoluable by the means whereof by the said expedient the said Du Tot and Le Clerc should be condemned in solidum to pay unto the said Allaine the said sum with charges and interests which expedient was accepted of by the said Le Clerc and not by the said Du Tot and therefore the said Prin would propose and alleadge his causes of appeal and so conclude upon the principall Whereupon Isnel for the said Le Clerc hath said That he did persist in the Declaration made by him out of the Court that he accepted of the said expedient and by Du Vinier the elder for the said Du Tot that for his own part he would not and for a just cause accept of that expedient for his particular because it would
Refusers or them that have committed any fault in their Merchandizes in such penalties as the case shall require and as their authority may use Of the Forfeitures and Punishments and what Seal the said Prior and Consuls may use ARTIC 1. ITem The said Prior and Consuls to entertain conserve and defend their Authority may for every offence use onely the penalty and forfeitures of Money and shall apply the same the one half for the King the other half to the party according to his desert as is contained in the said Letters Pattents of the Moneth of May. ARTIC 2. Item The said Prior and Consuls may without dispersing of the Goods proceed by Sequestration Arrest and Imprisonment of the Persons who by them shall be condemned untill their sentence be fully executed according to such form and order as the Conservator of the Fairs of Lion Bry and Champaign do usually observe as is contained in the said Letters Pattents of the Moneth of February hereafter expressed ARTIC 3 Item To give force and authority to all the Judiciall Acts being done by the authority of the said Prior and Consuls the same shall be sealed with the Arms and Seal of the said Prior or of one of the said Consuls who hath judged the said Acts and the same shall be subscribed by their Register even as it is more amply expressed in the said Letters Pattents of the Moneth of May being thereby prohibited to use any of the Kings Seals according to the tenour of the said Letters ARTIC 4. Item The said Prior and Consuls having knowledge of any fraud or other deceits to be used by any man they may cause the body of the offender to be committed and proceed against the offender so far as his offence shall concern Trade of Merchandize Change or Rechange although the King be interessed therein Provided that they proceed no further then concerneth matters of Merchandizes Change and Rechange And for his other punishment for other offences they shall deliver the persons to the Judges to whom doth appertain the knowledge thereof for the better punishing of the offender and the correcting of all other vices and not otherwise ARTIC 5. Item All Judgements of the said Prior and Consuls may be executed throughout all the Kings Dominions be it by Attachment of Goods and sale thereof Arrest and Imprisonment of the persons condemned as also by penalties and forfeitures of Money according to the cause of the offence and the Authority of the said Prior and Consuls as is contained in the said Letters Pattents of the Moneth of May. ARTIC 6. Item All Judgements Sentences Ordinances Commissions Decrees and Commandments as well definitive as otherwise being done and judged by the said Prior and Consuls for all matters pertaining to their knowledge are of effect and force through all the Kings Dominions as is contained in the said Letters Pattents in the Moneth of May and others of the Moneth of February hereafter specified according to the order as well of the Conservator of Lion as of other Judges Who are subject to the Authority of the said Prior and Consuls and who are exempt ARTIC 1. ITem All Noble personages and others all spirituall men and lay-men of age or under age or their deputies using and exercising the Trade of Merchandize or Exchange shall in that respect be subject to the power and authority of the said Prior and Consuls without any manner of exception as is contained in the said Letters Pattents of the Moneth of May and the Restrictions thereof contained in the Letters Pattents Given at Fountain Bleau the seventh of December in the yeer 1551. and published in the Parliament at Thoulouze the ninth of February in the same yeer ARTIC 2. Item All Servants Factors Dealers and others of what quality soever they be being sent by the Merchants of the said Thoulouze into any place Countreys Dominions or Provinces being either within or without the Kings Dominions for the Trade of Merchandizes or Exchanges are subject to the authority of the said Prior and Consuls onely in the respect of the Trade of Merchandize and Exchange And all other Judges are forbidden concerning such debates and differences growing between the said Merchants and the parties above specified in this Article onely to avoid the frauds abuses and ill demeaners of the said servants and dealers and for other good reasons contained in the said Letters Pattents of the Moneth of May. ARTIC 3. Item All the Heirs of such men as are subject to the said authority of the said Prior and Consuls and by them shall be arrested and imprisoned are exempted And the said Prior and Consuls shall not have to do to arrest the bodies of the said Heirs but the same suite shall proceed before the Lords of the Court of Parliament of the said Thoulouze according to the effect of the Letters of the eight day of March in the yeer 1551. grounded as well by common reason of Right as by the Kings Ordinances in the Rewbrick of Letters Obligatories ARTIC 4. Item All Noble personages Lawyers and Officers are exempt from the said authority although they have bought Cloath of what kinde soever borrowed Money or other Merchandizes for their necessary uses according to their estate and callings as is contained in the restraints of the said Letters Patents of the Moneth of May. ARTIC 5. Item All Opposers against the Sentences and Decrees of the said Prior and Consuls are exempt from the said authority and they cannot thereby be constrained to bring their causes of opposition before the said Prior and Consuls but they shall return the same unto the Judges to whom the knowledge thereof doth appertain who having heard the same and given sentence thereof and the execution being accomplished both for the right of the King and the performance of Justice or otherwise ordained by the Judge to whom the knowledge of the said oppositions doth appertain as is contained in the Restraints of the said Letters Pattents of the Moneth of May. ARTIC 6. Item All Appeals of the Sentences and Ordinances of the said Prior and Consuls shall be brought immediately into the Court of Parliament of the said Thoulouze And none other Judge can reform the Judgements of the said Prior and Consuls as is contained in the Letters of the Moneth of July 1549. and of the moneth of May 1551. Three Additions to resolve two difficulties ARTIC 1. ITem All that be exempted from the Jurisdiction of the said Prior and Consuls can by no means submit themselves thereunto to take any benefit thereof unlesse it be by the Kings expresse Command or Consent of the other Judges in speciall favour and regard of the Causes of the said exemptions wherein the said Prior and Consuls must be wise and carefull not to give other Judges occasion of offence by their rash hearings ARTIC 2. Item Saving and excepting the Heirs of such as be dead that were in their life time subject to the said Authority
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
against all parties who shall not within eight dayes after all delayes give in all their Demands and things contrary thereunto being so ordered by the said Prior and Consuls as it is contained in the fourth Article of the Kings Ordinances in the Title of Articles of Agreement ARTIC 7. Item the said Prior and Consuls and their Deputies in the proving of any matter in the behalf of any man whatsoever can take but ten witnesses and them secretly the one after the other upon an Arbitrary Amercement wherein the said Prior and Consuls and their Deputies may be condemned by the Court of Parliament of the same place And that all witnesses whom they shall take herein above the said number shall be rejected as it is contained in the Title of Witnesses and likewise upon a matter in the Kings Ordinances ARTIC 8. Item The inquiries being made the Parties there both or severally shall be bound to put in their exceptions or reproaches within three dayes after the receiving the said Inquiries without any further delay upon pain to be refused as it is contained in the second Article of the Kings Ordinances in the Title of Reproaches ARTIC 9. Item All Contradictions against the Letters and Exceptions shall be given in within eight dayes after the said Reproaches and Exceptions without any further delay otherwise to be denied as it is contained in the sixth Article of the said Ordinances ARTIC 10. Item After publication made of the said Inquiries no Reproaches and Exceptions shall be permitted to be given in but they shall proceed to Judgement and to the deciding of the Cause upon the former proceedings as it is contained in the third Article of the Kings Ordinances ARTIC 11. Item All Inquiries considering they cannot be other then Civill shall for Actions of Case be published before the said Prior and Consuls having first observed the Tenour of the Articles here before immediately written as it is contained in the Kings Ordinances in the Title of Publications of Inquests and every party in the end of the Cause may retire his own if he so please as it is observed in the Jurisdiction of other inferiour Judges Of Production ARTIC 1. ITem If the proof be to be made by Writings then the Parties are to bring in all the same Writings by which they pretend to prove their intention within three dayes without any further delay unlesse the distance of the place do require any more time as it is contained in the third Article of the Kings Ordinances in the Title of Productions ARTIC 2. Item If the Parties produce any Writings that concern not the cause to trouble the Judgement of the said Prior and Consuls they may then amerce the same party that shall bring in any such Writings in a hundred soles ten shillings as it is contained in the second Article of the foresaid Title to be imployed as it is said before ARTIC 3. Item the said respite of three daies or other respits given by the discreet deliberation of the said Prior and Consulls being past the parties shall not after be permitted to produce any further Writings but the proces shall be judged in the same state as it shall be found at the expiring of the respite as it is contained in the fourth Article of the foresaid Title of Productions ARTIC 4. Item the Register of the said Prior and Consuls shall be bound to keep a little Inventory of all the Writings that shall be produced and shall cause the Parties that produce them to write their names upon every one of them to the end that none of the writings so produced be altered or lost which might happen to be of great importance specially amongst Merchants between whom oftentimes do arise differences of great sums conteined in little papers As bils of Debts and letters of Exchange And likewise to the end that all Writings so produced might be seen to agree with the tenour of the Inventory in the deciding of the Proces as it is contained in the Kings Ordinances in the Title of Inventories ARTIC 5 Item the said Register shall not take out any Coppy of matters of effect out of the said Inventory neither for the one party nor for the other but onely in the cause and for the end wherefore the said writings are produced under the amercement of one hundred sols to be imployed to the profit of the said Exchange as the Atturnies of parties in other Jurisdictions are condemned in the like sum to be imployed to their Chappell as it is contained in the second Article of the said Ordinances in the Title of Productions Of Sentences ARTICLE 1. FIrst the said Prior and Consuls according to the certainty and truth of the proofs and allegations made before them by the parties shall pronounce their Sentences cleerly deciding the Proces under pain of punishment by the Court of Parliament of the said place upon the reformation of their Sentences as it is contained in the second Article of the said Ordinances in the Title of Sentences ARTIC 2. Item when the said Prior and Consuls have pronounced their Sentence without correcting adding or diminishing the fame the said Register shall give a Coppy of the said Sentences to either of the said Parties being required thereunto upon an arbitrary penalty to be set upon him and to be held a false man if he doth the contrary as it is contained in the third Article of the foresaid Title ARTIC 3. Item the Kings pleasure is that all Sentences given by the said Prior and Consuls both interlocutory and desinitive shall be of force and effect even as those of other Judges as it is contained in the last Article of the said Title of Sentences Of Arbitrators ARTICLE 1. ITem the Merchants of the jurisdictions of the said Exchange of Thoulouze as well by their own consents as by the command of the said Prior and Consuls may refer their differences to Arbitrators from whose sentence they may appeal to the said Prior and Consuls who as they shall see cause may reform or confirm the Sentence of the said Arbitrators ARTIC 2. Item the appellation of the Sentence of the Arbitrators shall not be accepted by the said Prior and Consuls before the Arbitrement be performed by the party that doth appeal upon condition of restauration in the end of the Proces if it be so thought good by the said Prior and Consuls as it is contained in the Kings Ordinances in the Title of Arbitrators ARTIC 3. Item the said Prior and Consuls are to note that no Merchant nor other being of their Jurisdiction can transport or make over their interest to any person Priviledged and not subject to the same Jurisdiction be it by gift sale or Exchange or by any other meanes thereby to avoyd their Authority or else the same transports or possessions shall be of no effect and the losse of their right and cause as it is contained in the first and second Articles of the Kings
to appear the next day after before the Prior and Consuls to pay him for eight Barrils which is a transferring of Jurisdiction against the Ordinance of the Court of Parliament given between us and the said Prior and Consuls so that by a sentence given by us on Wednesday last the said Grenier was fined 10. l. and inhibition was made unto the said Du Fay then present at the giving of Judgement to answer and contest upon the same action before the Prior and Consuls and moreover there was an injunction granted unto the Kings Atturney to cause the said De Cauvigny to be warned to appear and to be amerced for the transferring of Jurisdiction and since the said De Cauvigny was warned he had appeared by his wife which was many times enjoyned to cause her husband to appear and yet had not regarded it and in the Interim had still pursued the said Du Fay before the said Prior and Consuls where this morning the said Du Fay having appeared before them he was amerced one hundred sols and condemned to restore the said 10. l. amercement unto which the said Grenier was condemned by the said Wednesday last as the said Du Fay hath attested before us just now The said De Cauvigny being heard thereupon who hath acknowledged that he did require and did cause the said citation to be made before the said Prior and Consuls for the aforesaid cause but that he was not the Solicitor of the pursuit and sentence given by the said Prior and Consuls against the said Du Fay but that it was rather at the instance of the Atturney of the Exchange of the Merchants in the said Jurisdiction the said De Cauvigny saying moreover that at the instance of the said Atturney he was prohibited to appear and to answere before us in the said cause as he did make it appear by the coppie of the said Warrant of inhibition and by Mr. Jean de Laudassi the security as being the most ancient Advocate in the absence of Kings Atturny Generall in this Court of the Sheriff It was required that notwithstanding the allegations and Remonstrances of the said De Cauvigny he might be condemned to 10. l. amercement for the transferring of Jurisdiction and to the Jurisdiction of the amercement unto which the said Du Fay was amerced by the said Prior and Consuls whereupon advice being taken of the assistants it was said according unto it that the said De Cauvigny for the transferring of Jurisdiction and for the contempt of Justice should be amerced 10. l. and condemned to restore the sum of one hundred sols and all to which the said Du Fay was condemned by the said Prior and Consuls considering the inhibitions which were made unto him speaking to his wife for which amercement it was ordered that the said De Cauvigny should be kept close prisoner unto the full payment thereof and to that end committed to the custody of the said Poupart Sergeant from which the said De Cauvigny hath declared that he did appeal notwithstanding the which appeal and without any prejudice unto it We have ordered that he shall forthwith pay the said amercements from which the said De Cauvigny hath declared again that he did appeal and did take us to parties saying that he had Letters to that purpose which he had got in the Chancery of Roan which he shewed using these words We shall meet with you well enough with an incivill countenance by reason whereof and because the said De Cauvigny hath taken us to partie by which he hath declared again that he did persist we have ceased from taking any further notice of this cause and forthwith required Master Robert Anfrye as being the ancientest Advocate in this Court after the said Landasse to do us Justice for the said rude and undecent words considering that the said Landasse had presently concluded in the name of the Kings Atturney against the said De Cauvigny Whereupon in doing right upon the said Request We the said Anffrye in the quality aforesaid have taken and forced the said De Cauvigny to tell the truth upon his oath who hath told us that truely he had taken to party the said Gentleman the Sheriff but that he had not used these words We shall meet with you well enough which fault being considered and because it was witnessed unto us by Master William Commissioner of the Register of this Court That the said De Cauvigny had speaking unto the said Gentleman the Sheriff We shall meet with you well enough and that there were here many persons which might have heard it We have caused to come and to appear before us Master Geuffin Cavé Claude Clavé Nicholas Vaignon and Jean Servain Atturnies deputed Commissioners in this Jurisdiction here present which after a Solemn oath taken by them to speak and bring the truth Against whom the said De Cauvigny being thereupon asked would not alledge any exception and also when he had purged them of all wonted objections they have told us witnessed and related unanimously and with the same and like deposition upon their oath that they had heard just now the said De Cauvigny speaking unto his worship the Sheriff when he had told him that he took him to party and that he had used these words We shall meet with you well enough being moved with anger holding in his hands some Letters which he did exhibit unto his Worship the Sheriff using many undecent jests and postures which relation witnesses being considered and moreover because the said De Cavigny committed many insolences in this Court in our presence and even when it was attested unto us by Master David Doublet Advocate upon the asking of his advice that the said De Cauvigny had been sued in this Court for usury by one Du Thil by name We have Ordered according to the advice of the Assistants that the said De Cauvigny shall by reason of his deniall forthwith lay down and depose the said amercements and without any prejudice to his appeal and that he shall be really and effectually imprisoned and moreover that it shall be extraordinarily proceeded against 〈…〉 shall be meet whereof the said De Cauuigny obtained these Presents Given as above Signed Puchot and Marest two Subsignatures the Copies being compared with the originall in Parchment here above transcribed by me Jean Vienne his Majesties Pursuivant in his Court of Parliament at Roan at the Request of the Atturney of the Exchange of the Merchants of this Citie to be available and serve him as it shall concern them The 9 of May 1567. Signed Vienne with his Subsignature Of the 15 day 1567 at Roan in the Court of Parliament BEtween Jessé de Cauuigny Citizen Merchant dwelling in this Citie of Roan appealing from the Sheriff of the said place or from his Lieutenant and otherwise intimated appearing by Master Peter Sirette his Atturney of the one part and James du Fay also Citizen Merchant living in
proceed afore us since the difference was about Merchandise between Merchants Whereupon advice being taken of many Merchants being then present considering the quality and condition of Merchants of both the said parties and that the said Pillon is residing within the Bailywick of this City of Roan and seeing the Warrants and the Kings Letters Pattents in form of debitis obtained by the said Bourgouin We have denied the said removing of the suit unto the said Pillon which was demanded by him and have said that he was bound to answer before us in the said Action from which the said Pillon hath declared that he did appeal for which cause the said Parties have respectively chosen their lodgings To wit the said Pillon his own in the house of Master Heultes Atturney in the Court of Parliament and the said Bourgouin at Master Charls Drovets Merchant living in Saint Vincents Parish CHarles by the Grace of God King of France to all them that shall see these presents Greeting We give you to understand that Richard Pillon appearing this day in the Register Office of our Court of Parliament and appealing from the Prior and Consuls of this City of Roan by Master Peter Heultes his Atturney of the one part and John Bourgouin Merchant living for this present at Rambouillet present in person and by Tulles Mare his Atturney assisted by Master Jean Du Hamel his Councell of the other part It was appointed or ordered when the Advocate and the Atturney of the said Pillon have declared that they found no valid cause for which they should maintain the said appeal and the consent of our Atturney Generall concurring with it and the said parties appearing as before that the said appeal was made voyd by paying seventy five sols amercement the sentence from which it is appealed in date of the 13. day of December 1570. shall take its effect and shall be performed in every point according to the form and tenour thereof notwithstanding oppositions and appeals whatsoever the said parties are sent back again before the Prior and Consuls to proceede between themselves according to the said sentence and as it shall be meet And moreover the said Pillon plaintiff in the appeal is condemned to the charges of the cause and action of appeal the taxation thereof being reserved to our said Court. Moreover we do command the first Pursuivant of our Court or any of the Kings Sergeants desired thereof to execute this present Ordinance as much as it shall belong to him and as his Office shall require and as far as the said Bourgouin shall require of him fully and intirely according to the form and tenour thereof We give him authority so to do we command all our Justices Officers and Subjects to obey him in so doing In witnesse whereof we have caused our seal to be put to these presents Given at Roan the 5. day of February in the year of our Lord 1573. and the thirteenth yeer of our Reign And upon the turning of the Labell these words are written By the King Signed De Boisleuesque with his Subsignature sealed with a double Label with the seal of yellow Wax Of the seventeenth day of Octob. 1573. at Roan in the Chamber appointed during the vacations BEtween Stephen du Venon appealing from the Prior and Consuls established in this City of Roan and anticipated appearing by Master Martyn le Roy his Atturney of the one part and Isabell le Noir Widdow of the deceased Peter Chevey in his life Merchant and then living at Orleans intimated and Anticipating Francesse le Noir being present the widdow of the deceased Fremin des Fourneaux likewise a Merchant and of Orleans and by Master John Morin her Atturney of the other part whereas De la Fay Lawyer for the said intimated and anticipating hath required and demanded that the plaintiff in the appeal should propose the causes or reasons of his appeal or else that default might be granted unto him with such profit as the case doth require Le Roy Atturney for the Plaintiff in the appeal hath said That as for the appeal he would say nor conclude nothing about it but that having consulted upon the matter he had found by his Councell that his appeal ought to be changed into an opposition and that to this effect and for that purpose he had set letters upon the seal beseeching the Court to accept of his said letters issued out by a Commission And it was said by the said La Fay that the said Le Roy upon just reason will not plead for the said appeal because he doth appeal without any grievance from which the appeal must result because his bond was turned into a deed judged by the Prior and Consuls his causes of opposition only excepted unto which he was to be received upon depositing and laying down the money due Therefore he needed not any other Letters but he ought rather to alleadge his reasons for his appeal or else the appeal to be voyd and the sentence confirmed with charges and in case of opposition that the parties should be sent back again before the Prior and the Consuls before which he maintained that they ought to be sent back since the question and difference was about Merchandises and that he maketh no other acquittance to appear but what is endorsed upon his bond The said Le Roy insisting upon his Declaration saying that he forbiddeth the sending back of the cause to the said Prior and Consuls considering the remotenesse of the place of his habitation and that he cannot be removed and taken off from his ordinary Jurisdiction before which he desired to be sent back to proceede in the opposition in the discourse whereof he protested to make use of his acquaintances and to tell and produce all his reasons and causes of opposition When the Advocate and the Atturney of the Plaintiff in the appeal could not tell any valide cause or reason to maintain it the Court hath made it and doth make it voyd hath ordered and doth order that the thing from which it is appealed shall take its full and entire effect and hath condemned and doth condemn the Plaintiff in the appeal unto 100. sols for the King and to the charges towards the Intimated and hath sent back and doth send back the parties on the first Court day before the said Prior and Consuls of this City of Roan to proceed upon the opposition as it shall be meet Given as above The Copies being compared with the Originall Signed De Boisleuesque with his Subsignature IN the year of our Lord 1577. the 12. day of November in the new-Castle before us Francis Avisse Lord of Songeons Sheriff of the said place Vpon the complaint made by Michael Herlenc prisoner in the prisons of this place against Jean Bricquot the Kings Sergeant in the said City of Roan because he had imprisoned the said Herlenc at the request of Graffard by name a Merchant living in
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
Enlargement of their Jurisdiction M. Nicholas Rome Lord of Fresquiennes now Prior Peter Dumoncel and Allonce le Seigneur the Consuls being present and by M. Richard le fae their Atturney on the one part And the Bailiff and Sheriff of Roan the Water-Sheriff and the Counsellours of the Common-Hall of the said Citie and the fourty Sergeants of the said place Defendatns against the said approving of the Grant and publishing of the said Letters Patents appearing by M. Martin le Roy James de Verdun and Peter Deffaies their Atturneys of the other part in the presence of the Kings Atturney Generall The parties being heard and the Kings Atturney in a verball Plea and that Bigot for the said Attorney Generall said That the cause of the Order which was made that the said Letters Patents should be communicated unto the Defendants was to hear if they could alleadge any thing for the publike good and utility which the Court and the Kings Officers intended onely to regard And having heard what is pleaded the said Atturney Generall shall give his Conclusions in writing that all being seen and perused by the Court they may do justice therein The Court hath ordered and doth now order That the said Atturney Generall shall give his Conclusions in writing upon the approving and publishing of the said Letters-Patents as was intended at the Councell The cause pleaded by the Defendants was annexed thereunto Given as above the Copie being examined with the Original Signed de Boisleuesque with his Subsignature The eleventh day of December 1655. in the Court of Parliament BEtween master William Puchot the Sheriff of Roan plaintiff desiring the grant of a certain Request presented by him unto the Court whereby the Letters Patents of the Kings Declaration obtained by him at Rochel the 15 of September last past might be read published and registred the Contents whereof to be enjoyed and use made of by the said Sheriff being then present himself in person and by Master William de Bourgongne his Atturny of the one part and the Prior and Consuls established by the Merchants of this City of Roan defendants and opposing themselves against the grant of the said request Bardin Bignon the Warden of the common Burse of the Merchants being present and by Master Richard le Fae their Atturney of the other part in the presence of the Kings Atturney Generall when Ange had said in the behalf of the said Puchot the Sheriff of Roan that he had formerly made an opposition unto the publishing approving and grant sued and desired in the said Court by the Prior and Consuls of certain Letters Pattents granted by the King at their suite and instance pretending to encrease and enlarge by them their jurisdiction And though they were established and ordained to take onely notice of traffick and Merchandise between Merchant and Merchant Yet they endeavoured to procure and obtain that it might be granted unto them to take notice of processes and differences which might arise and happen out of things sold by retaile for the ordinary uses and for the necessities of the people and of the Kings Subjects to the great prejudice of the said Sheriffs Jurisdiction Upon which opposition and other contradiction made against the publishing desired by the said Priour and Consuls of their said Letters given at Montpellier the 29. of December 1564. The case was laid all open plainly and given his Majesty to understand in his Privie Councell where he was present that by the Contents of the said Letters Pattents of the 29 of December 1563. so obtained in the behalf of the said Consuls they could not extend them to the taking notice of such Processes as should arise by reason of that which is sold by retaile for the use and ordinary necessities of the people and neverthelesse the King to make the businesse more cleer had moreover by the said letters being a decree of his Privy Councell of the 15. of September declared and ordered That by the said Letters Pattents of the 29. of December 1564. his Majesties intent was that the said Priour and Consuls should know of no other differences soever but in matters of traffique negotiation and Merchandise between Merchants onely according to the tenour of the Edict and Letters Patents of their ordaining and establishing and that they should have no authority to take any notice of those differences that might arise for any Merchandize soever sold or bought for the ordinary necessities or use of the Kings Subjects which notice his Majesties will and intent was and now is that it should belong and remain with the said Sheriffs of Roan and with other ordinary Judges though the buyers and sellers be Merchants since this kinde of selling and buying is not made by way of Merchandise but onely for their necessity and uses the said Ango concluding in the behalf of the said Sheriff of Roan to the ends of his request and that thereby the Letters Pattents of the Kings Decla-Declaration of the 15. of September now read published and registred the Contents whereof to be enjoyed and use made of by the said Sheriff according to the form and tenour of the same and that inhibition may be made unto the said Prior and Consuls for attempting any thing to the prejudice of them desiring charges against them in case of contradicting Unto which Cadyot for the said Prior Consuls and Merchants hath said that the said Letters Pattents of the Declaration obtained by them were communicated by Order of the Court to the Citizens Councellours of the Common hall of this City of Roan which have them still in their hands upon the reading and publishing whereof the said Sheriffs of Roan had opposed himself as also the Bailiff of Roan and others Whereupon the case was appointed in the Councell the said Sheriffe not signifying it unto the King had obtained the said Letters Patents of the Declaration by which there might be done a formall prejudice unto the said instance which would have been judged nothing being seen and the party not being heard by the said Letters Patents an unusuall thing and altogether unreasonable declaring that he opposeth himself against it and hindreth the ends of the said Sheriffe of Roan his request maintaining that the said Letters of the new Declaration obtained by the same Sheriff may not nor must not be published nor take any effect to the prejudice of the said instance appointed in the Councell which must be first decided or else he maintaineth that first and before they can proceed farther in this businesse the parties must be sent back to provide themselves before the King and that he hath many great and important reasons to shew of which he is not at all instructed at the present which to bring in he maintaineth howsoever that a competent time and delay must be given him which delay hath been contradicted and hindred by the said Ango for the said Sheriff of Roan considering the preceding delayes afore by
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