THE MERCHANTS NEW-ROYALL exchange: Framed at rouen, and brought over to be set up in England. OR, A lawbook for English Merchants. Concordia paruae res crescunt. griffin on top of book LONDON Printed by T.C. for cuthbert Burbey, and are to be sold at his Shop in Paules Church-yard, at the sign of the swan. 1604. TO MY loving Country-men, but especially to the Merchants of London. gold is the merchants scape of Buon Esperanze, he sails about the world onely to recover it: for Riches is the brightest star, whose height, traffic takes, to direct itself by. Yet doth this three of Enter-course bring forth other sweet and delectable fruits: It is not altogether planted in the garden of the Hesperides, onely to bear golden apple: No: It carries other frutages, almost as faire: For the virtue of commerce, is to discover countries: the pleasure of it, to be familiar with Nations: the exercise of it, to get politic experience: the benefit double: for both the foreign& the freeborn are crwoned with wealth by it: the black Indian,& the white Englishman, skill their purses by one& the same bargain. So that the stranger( how much Salt-water soever parts him and us) is a husband-man in our own Country: he reaps the fruits of our earth as plenteously and as freely as wee ourselves: Is acquainted with the blessings of our Land, and tastes them as we do. And though he cares not to understand our Language, yet is he curious to understand our Ladings: looking rather into the bottoms of our ships, than on the bravery of our Parlours. And this happiness which he derives from us, we do back again reduce from him: So that it is but a neighbourly borrowing and lending between kingdoms. And all these goodly triumphs are brought in by traffic, Merchants being the chief and Maister-workmen that give thē beauty& Illustration. To speak in praise of whose dignity, were idly to extol that, whose worthiness none can call in question. Sure it is, that all commonweals flourish where they prosper, and whither where they are plucked up: Insomuch that Kings haue been,& at this day are of the society, the greatest number of their houres being spent in the exercise of merchandise. The affection therefore which I carry to all you( my dear Country-men that profess this Art of Negotiation:) together with an ardour and zeal to see the Merchants of this kingdom, grow up into a lively political body, as they do now in France and other Dominions: haue given me a boldness and willingness to entertain this labour. It is a New,& a Royall-English-Exchange, which I would build for you: The model of it, I confess, I found drawn to my hand in France, you all are acquainted with it: Set then all your hands to the Frame, and help to rear it up in England. Cast not your eyes on the rough pieces which I haue hewn out, but on the purpose, for which they are thus wrought vpon. And albeit perhaps, my ignorance& vnpractised familiarity with these French phrases, which here speak their Law in broken English, may make you cast aside this book in the reading, yet do not cast aside the matter. Admit that in turning over the leaves, you should find no other stuff then this, that the French King( imitating therein, the Greeks and ancient romans) hath iustituted such a Burse or Guild-house, for Merchants: and ordained three such Officers, &c. Why even this should be enough to entice you( whom it concerns) to buy this paper-commoditie: and having found this measure of Hercules his foot only, not to cease till you haue got so much cunning, as to draw out the whole symetrical proportion of all his body. You haue many helps to do it: you haue the voices not only of foreign Christian kings speaking in your behalf, But even of our own most gracious and godly sovereign. The pen( with which he hath not many yeares since, signed such like royal privileges, for the benefit of his country Scotlande, and the merchants thereof,) holds yet ynck enough in it, to bestow the like Princely grace vpon you the Merchants of England. Be humble petitioners to his majesty for it. It is no innovation: It is no upstart attempt: other realms haue broken the ye: follow you their steps, that a way may lie smooth before you. There are many spurs, that( if they were clapped to your sides) would make you to keep company in this beaten path. They whose money-bags are shrunk together by reason of that silver Consumption, which tedious Lawe-suites haue brought them into, can rise up as sittest Orators to persuade you to this enterprise. The woeful experience of many a sometimes-wealthy Citizen,( who having scapte shipwreck on the seas, hath notwithstanding been cast away on the land, by entangling his estate in the nets of the Lawe) may with his cries awaken you, to prevent the like future mischiefs, that( without providence) may fall upon yourselves. Be wise therefore: A medicine is invented, and( by the trial of other Cities that haue taken the physic) approved to be so wholesome, that it cannot choose but do London much good. Do but entertain( for a taste) these considerations: Of what fashion are all your controversies? Flow not all your variances from the troubled head of your Accounts? Are not your suits( which now and then many yeares cannot wear out) drawn from your bargains and barterings when they be not perfectly wrought? What hands therfore may better untie those knots than your own among whom they are fastened? Who are fitter to conduct you out of those windings& turning-Mazes wherein the whole estates of many wealthy Merchants are often-times halfe-lost, than yourselves, that haue best experience in those causes, by reason of your daily and hourly treading in those paths? survey therefore all the rooms of this beautiful French building: yet I do not enjoin you, neither think I it convenient, that you purchase the same, in all respects as it is to be seen standing here: but by this pattern, you may easily fashion such another, more apt for yourselves, and more agreeable to the condition of our own country. Do but study this Merchants lawbook, with the same carefulness that you peruse your debtor& Creditor, and you shal not need so often to go to Law. It is a learning will much advance you and your posterities, follow it therefore. And thus wishing safe harbours to your ships when they are forth, and to your souls the land of heaven, when they are bound thither, I bid you farewell. THE MERchants new royal exchange. An Edict by the King, for the ordaining and establishing( in the city of Roane) of a Common place for Merchants, according to the order of the Change in Lions, and the Bourse in Thoulouze. HEnry by the grace of God King of France, to all maner of persons of what estate soever greeting; As we haue been heretofore advertised, that our city of Roane is one of the best towns in all our kingdom, by reason of the situation and aptness for all commerce and traffic, where diuers Merchants( as well of this our realm, as of many other Nations) do usually hold an intercourse of buying and selling, for the continuance& propagation of which Trade, There hath of late( by virtue of our Letters missive) been erected& established in the same city, a Common place for Merchants and their Factors to assemble themselves in, twice every day at the houres accustomend; to dispatch their affairs and Negotiations in such maner as is accustomably used in the Change at lions, and the Bourse at Thoulouze, to the intent that the foreign Commodities of other Countries may more readily be transported and exchanged away with those which our own bringeth forth. Be it therefore known to all men, that Wee( through an ardent zeal and desire that we carry to advance the general good of our said city of Roane, and to augment the Common benefit and ease of all Merchants Negotiating there, and in all things possible to gratify them, that they may not be distracted& drawn from their affairs and business, into sundry Courts and jurisdictions,( by means of suits and variances arising at any time about their traffic) by the deliberate aduise of our privy council,( together with diuers Noble men and Princes of our blood) besides other great& honourable personages: Of our own proper motion, assured knowledge, and regal authority, haue approved and confirmed, and by these presents do approve and confirm, the making and establishing, of the said Common Place in that our city of Roane, Instantly ratifying the same in all points, with the Change of lions, and the Bourse of Thoulouze. Willing& ordaining, and our pleasure is, that all Merchants, Factors, and all others of what Nation soever, may assemble themselves in the same twice every day, at the houres accustomend: And in their meetings shall freely use their Traffiicke, and pass their business as well by exchange as otherwise, not onely in the same place, but also in any other whatsoever within the Liberties of our said city of Roane, when& where they shal think good, with all assurance and safety to their merchandise: And withall those privileges& Liberties, which merchants Trading to our towns of lions and Thoulouze, do enjoy and use, according to the grant of our predecessors kings of France and of vs. Furthermore, We will and ordain, that the Merchants of the said town of Roane( frequenting the same place) shall every year cause a society of Merchants to be in the Lodge of the said Bourse, or in any other place in the same town, and at such time as they shall think good, in which meeting they shall choose out of the said number three officers, viz. A Prior& two consuls, to remain in their authority for one year, and so yearly to be changed, and there new to be elected, according to the ordinary form of most voices: not only the Merchants of the town of Roane, but also the Merchant strangers, being to be present& assistants in the said election: which election and nomination being fully ended, the said Prior and consuls shall haue present power in them, to take knowledge and to give iudgement( between all men of what estate, quality, or condition soever they be) of all suits, controversies, and differences touching matters of Merchandizing or buying and selling, in such maner as the conservator of the fair at lions, and the Prior and consul at Thoulouze do, aswell for Obligations, Bills of debt, receipts, blanks signed, Bills of Exchange, Answers by sureties, Associations of Merchants,( either general or particular) Assurances, Accounts, Transportations, bargains, and partnerships, for matters aforesaid, or any thing belonging thereunto, with as full strength, and according to the Iudgments, and Condemnations, of the said conservators of lions, and the prior and consuls of Thoulouze, And that the judgements: and Sentences, Decrees and Ordinances, Commissions and commandments of the said Prior and Consuls of Roane, by speeches, provisions, or definitiues, shall stand in as much force and effect, for any matter judicially determined, as those causes which the conservator of lions, and Prior and consuls of Thoulouze, and others of our Iudges do decide: And the same shall be executed by our Serieants and Officers, in such maner and form, as they are in their behalf above name, either by committing to prison, or by inflicting severe punishment, if it be so decreed and ordained: And to that end shall our Messengers and Officers be bound to perform the executions: Our jailers and Keepers of our prisons, shall likewise be bound to receive and keep all such prisoners, in such manner as if they were committed unto them by our aboue-said Iudges, and with the like bond and penalty( if any escape happen) as they be bound to keep the prisoners by the authority of the said Iudges, For so we haue enjoined, and do enjoin our Messengers, and other our Officers, jailers, and Keepers of prisons, vpon such penalties, as the case shall require, and according as by the said Prior and consuls shall be set down and declared, without any default, according as the offence committed shall require. moreover, we haue suffered, and do suffer, the said Prior and consuls, to take unto them, twenty of the said Merchants, or more or less as they shal think reasonable, to assist them in proceeding in their judgements, in causes of merchandise, bills of Exchange, Assurances and Differences as abovesaid, And to cause to be executed, their Sentences, judgements, and Ordinances, of pawns and Consignements, provisions, seyzing of goods, and all their other Condemnations, Sentences or appointments, to proceed therein by Cries, Proclamations, giuing 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 process, and to proceed therein, according to their Ordinances, as well in matters summarily, as by provision: As Reknowledgement of bills, Subscriptions, and Letters of Exchange. And the like in acts of pawns and consignments, by one onely fault duly proved, by sommoning the person at his house, or fixing there a copy of the Commission or process, in all places where it is lawful to bee 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 exexcution according to their knowledge, We will, and We do permit them( as before is said) to cause the execution to pass in all places of our Court of Parliament at Roane, and in all other places of our kingdom, where need shall require: without any disturbance, or let to be done, by any of our Iudges, justicers, or Officers, either against them, or their deputies: Neither shall they let or hinder any summons, or arrest, exploit, or assignment to be done before them. And to give their assistance in all causes appertaining to their knowledge, touching matters of traffic, and all things thereunto belonging, against al Merchants trading in our said city of Roane. And as touching their factors, dealers,& intermedlers, of what quality soever they be,( sent by them into diuers Countries, Regions, and provinces, as well within as without our kingdom, Countries, and Dominions under our obecens, for the cause of traffic, Merchandizing,& doing of business, and all other things thereunto belonging;) We will and ordain, that they may bee 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 rendering of account, and satisfaction of part, or of whole, or condemnations in penalties, or other condemnations for amends for trespasses, and of all other things that shall bee requisite, concerning, and belonging to the trade of merchandise, according as they shall deserve; Whereof Wee haue permitted them, and do give thē power to use the form, even as the said conservator of lions, Prior and Consuls of Thoulouze, and others our Iudges do. And to cause execution to be served on the offenders, either by arrest, attachment of goods, and sale thereof; or by impisonment of the parties condemned, even as they shall think good. Inhibiting all our Iudges to presumne to take knowledge of any of their said proceedings, or of any matter or plea thereunto belonging: which our command, We will to be notified unto them, and unto whom it shall appertain, by the first of our Officers, or Seriants that shall bee required, whom We enjoin to perform the same accordingly, to the intent that all those charges and extraordinary expenses, which Merchants may be put unto, in following their suits against their Factors and dealers, before many Iudges, might by this means be utterly avoided. Furthermore, We haue permitted and do give authority to the said Prior and Consuls, that al such penalties of moneys as by thē shall be inflicted vpon men for contempts, or any other offences, shalbe forfeited, the one half to us, the other half to the use of the said Common place, or Bourse of Roane, to supply the wants thereof; Allowing them likewise, absolute liberty and power, to choose and constitute one counsellor, and one attorney, who shall by all lawful means, labour the benefit and advancement of the said place, and shall defend the same; to direct their process and causes, as well before the said Priors and Consuls, as before all other Iudges. And to the end, that the Merchants may assemble themselves, as well to cousult of their common affairs, as to constitute the said counsellor and attorney, without being subject to repair to us, or to our Iudges for leave, when need shall require. Therefore all such judgements as shall pass 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 real and lawful, being past in maner aforesaid; without any constraint to obtain our further permission or liking, even according as was permitted by our most honourable father the King, unto the Merchants of our city of lions, by his Letters patents; given in the month of February, in the year of our Lord, 1535. reserving unto our said Court of Parliament, at our said city of Roane, 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& Consuls, may be speedily and without delay ended in our said Court, We haue ordained, and do ordain, enjoin, and command, all our loving and trusty Presidents, and councillors,( holding our said Court of Parliament) to declare to 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 Role, for that purpose ordained. And in regard of the process by writing, there shal be one other Role made apart, to the end that the said appeals may be ended in the same day, to avoid the prolonging of suits, to the ruin and consuming of the suitors. 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 Serieants 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 accustomend houres of meeting. And if such arrest should be made during the said houres; We haue declared heretofore, and do declare at this present, the same to be void and insufficient: charging all our Iudges, not to haue any regard thereunto. And as We are informed, that the Trade of Assurances, is of late greatly advanced by the Merchants of the said city of Roane,( a work so honourable) that it doth even beautify and greatly advance the Trade, and Commerce of the said city. We( to the end those said policies of the said Assurances, and all other writings thereunto belonging, may receive full vigour) haue permitted, and do permit, that all Merchants frequenting the said place,( both now and hereafter) to come to assemble themselves at all times, when it shall be needful; to choose and nominate according to the most voices, one Merchant amongst them( such a one as they shall think meet, being a man trusty and expert in the knowledge of the Trade of Assurances) who shal make and register the said policies, whereunto the Assurers shall set their hands at all times hereafter in the said place and liberties of Roane, when as it shall please the Merchants: whose office shal likewise be, to draw forth accounts of such arrearages as shal happen,( being thereunto called) receiving for his pains, and time spent about the business of the same Assurances, according as it shall be thought meet by the said Merchants: And keep a perfect& true Register of the same Assurances, To the which Register and copies thereof, and all other Acts and writings by him made, concerning matter of Assurances, and by him assigned; We will and ordain, that all maner of credite shall be thereunto given, before all Iudges, and others to whom it shall appertain, without that any other person or persons, shall haue to do, or meddle in the said business of Assurances, or any thing thereunto belonging; unless he be before chosen and admitted thereunto, by the said Prior and Consuls, and by the said Merchants as beforesaid. And We do command, and give in charge, to al persons holding our courts of Parliament, Great Counsels, Admirals, Viceadmirals, Stewards, and their Deputies, and to all other Iudges and Officers whom it shall concern, that you do cause to be red, proclaimed and registered, this our present Will, Declaration, Permission, and Ordinance; and the same to be observed and kept by all them accordingly. That the Merchants may use and enjoy the force and benefit therof, plainly and peaceably, without any contradiction. moreover, We do charge and command our attorney general, that he do withall diligence, cause all these things to be plainly& truly executed, and that he do certify us of his diligence so done: For such is our pleasure, for that of our mere motion& power, We will haue it done, notwithstanding any Ordinance, customs, Statutes, privileges, commandments, Defences, or Letters to the contrary, the which in this cause, without doing prejudice to other causes, We haue made void, and do hereby make void. And for that men shall haue occasion to use this our grant in diuers places; Our pleasure is, that credite shall be given, to all such copies, as shall be made by any of our loving and trusty Notaries, and Secretaries, or under our royal seal, in as amplemaner, as to the original. And to this effect, We do give you full power, authority, Commission, and special charge: Commanding by these presents, all our Iustices, Officers, and Subiects, to obey you in this case. And to the end this may remain established for ever,( Our own right in all other causes reserved,) We haue hereunto caused our seal to be put. given at Paris, in the month of March, and in the year of our Lord, 1556. And the tenth year of our reign, and signed by the King, then in council, and sealed with green wax, vpon a pendant of read and green silk lace. THE author, WIsheth to all Merchants, health. WOrthy Merchants, the King our sovereign lord( in whose bosom, Iustice and Right, live in safe protection) knowing what privileges, not onely He, and his Predecessors, but also all the roman Emperours, haue granted unto you, in regard of the Trade of merchandise, and the order of Exchange, both of gold and silver: having made you thereof absolute Iudges, for the ease of all other Iudges, who in such cases can do nothing, without calling you to be Arbitrators. For the better administration therfore, of Iustice to his subiects, in all such causes which in times past were reserved to your understandings: And for that you may perceive your authority and jurisdiction, not to be a new thing, or of late devised,( but first founded by the Greekes, from whom the Romaines haue taken their grounds, I haue thought good, for your more ease, briefly to comprehend and to set down in writing( although not all) yet at the least a good part of your power and authority; And to show you in a manner the Kings pleasure, how you may proceed and keep your ancient privileges, and that without doubting of your authority, you may speedily proceed, to judge of all such differences, as do appertain to your knowledge. Desiring you, to take this in good part,& to defend the same against all those, that will envy, not only me; but yourselves. A reason wherefore this ancient authority was granted to Merchants. THERE be two things that cause a Common-wealth to flourish, and are main supporters and pillars to the same; The traffic and use of Merchandizing, is the first: For by it, the supersluity of those Commodities, which in some one country, grow rank and abundant, are transported over into others; In whose stead, the needful Commodities of those other kingdoms are returned thither. For which cause the Emperour, commanded all his Iudges, and gouernours of provinces, to hold the same in great estimation. The second, is the Order and custom of Exchange, whereby any mans need may be supplied in all places wheresoever, onely by a bill of Exchange( of a Merchants of credite) without endangering either his goods or person: A thing most profitable as reporteth Papinian: So that the ancient Law-makers( perceiving that Merchants were the first setters up and inventors of commerce, for buying and selling, together with the order and use of Exchange: and that they had therof the best& soundest understanding, did wisely institute them, onely to bee the principal Iudges thereof: whereby it appeareth to bee no new authority, whose beginning grew up, even with the best governed Common-wealths: As may bee proved by infinite examples both of Greekes and latins. The number of Officers, appertaining to the said jurisdiction and of their power. ARTICLE. 1. THere is one Prior, and two Consuls, carrying those Titles, according to the Kings pleasure, being renewed every year, about Twelfe-tide, at which time all the Merchants( as well Burgesses as Strangers) are assembled in one place; where after they haue given praises to God, choice is made of the said Prior and Consuls, by most voices; In which election, every Merchant hath their voices, according to the number of Magistrates whom they are to choose: the manner of giuing their voices being done seretly, either in the favour or refusal, of those that are nominated. As first for the Prior, then for the first consul, and next for the second consul: And so give they the same, to the notary of their Registers. And whosoever hath the most voices in the election of the Prior, is Prior: and so consequently for the Consuls: Following orderly, the choice of the first, and next after the second: being a thing most commendable and requisite, for the avoiding of all affection and corruption. The President whereof, being taken from the Greekes, who by the same course did make choice of their Magistrates and Gouernours. ARTIC. 2. Item, the Prior and consuls newly chosen, do take their oath of the old ones, and immediately being set in the manner and form of the former; they take the same oath, in presents of all the Merchants there assembled; promising duly and faithfully to execute Iustice, without any regard, either to poor or rich, as other Iudges do, when they are newly established in their gonernment. ARTIC. 3. Item, the said Prior and Consuls, present, or to be chosen hereafter, may call unto them, twenty Merchants, or a greater number to assist thē, as counsellors, for the understanding and deciding of all such differences, as appertain to their knowledge: and to urge the said Merchants thereunto, vpon their oaths: in such sort, as other Iudges do( with such counsellors as they make choice of, to assist them) in like case; in regard of their authority. ARTIC. 4. Item, the said Priors and Consuls, may constitute one counsellor, and one attorney, to procure the good and maintenance of the said Common place,& to defend the same in all rightful causes, and to conduct( as Iudges) both the suits, businesses, profits, and preferments of the same place, as well before the said Prior& Consuls, as before all other Iudges wheresoever. ARTIC. 5. Item, the said counsellor and attorney, shalbe chosen by the most voices of all the Merchants, assembled together for that purpose: And not at the will and pleasure of the Prior and Consuls: and are to be changed every year, according to the wils and discretions of the same Merchants of the same place; having taken a general deliberation thereof, according to the tenor of the said Letters Patents of the month of May, the Kings pleasure being well understood. ARTIC. 6. Item, the said Prior and Consuls, shal take the oaths of the said counsel our and attorney, that they shall procure as well the good and profit of the same place; as the credite& increase of their authority, and the same shall defend against all men: And they shall never give counsel to the contrary, by any means whatsoever. ARTIC. 7. Item, the said Prior and Consuls, may call to their assistance, the said counsellor and attorney, that with them& the said other Merchants, they may judge and decide all suits and differences, appertaining to their knowledge. ARTIC. 8. Item, the said Prior and Consuls, of their own authority, may appoint such a Register, as they shall think meet, to keep their Registers, who shalbe changeable every year, as are the Prior and Consuls; The which Register shall subscribe to all Acts, that shall pass during their government, and by him done, under the title of a Register, As is contained in the Letters Patents, of the month of May. ARTIC. 9. Item, all Messengers, and such like Officers of the kingdom, are constrained by the King, to obey the said Prior and Consuls, and duly and amply to execute, all and every their Commandements, Commissions, Sentences, either definitive or otherwise; And all the judicial Acts and Decrees, of the said Prior and Consuls, in every place of the kingdom, like as of the Iudges in all other governments, whereas the said Messengers and like Officers, do exercise their Offices: and under the same penalties to bee laid vpon them without default, like as they may be constrained to obey other Iudges, as is contained in the said Letters Patents of the month of May. ARTIC. 10. Item, all jailers and keepers of Prisons, are subject to receive and keep the prisoners committed unto them, by the said Prior and consuls, as they do the prisoners of all the other Iudges, and under the same penalties and bonds, if any escape happen, even like as they are subject to keep the prisoners by authority of the other Iudges of the kingdom, as is contained in the said Letters Patents of the month of May. ARTIC. 11. Item, the Kings pleasure is, that all the said Messengers and such like Officers, And all jailers and Keepers of prisons within all his Dominions, shall obey the said Prior and Consuls, without demanding leave or other Licence of other Iudges, within whose government they do dwell, and exercise the charge of their Office, according as the late King Francis( of noble memory) hath granted to the conservator of the fairs of lion, in the month of February, in the year of our lord GOD, 1535. As in the like authority, the Prior and consuls of the Bourse of Thoulouze haue been established, by this King present, As is contained in the Letters Patents hereafter specified. ARTIC. 12. Item, the Kings pleasure is, and he doth permit& suffer the said Prior and Consuls, to make choice,& to appoint, within all the towns, Villages, and other places, of the provinces of languedoc and Lorogois, certain good, faithful, and expert men, to search all the merchandises, which is growing and used in the said provinces, to see if there be any abuse, fraud, falcification, or other deceit in any of the said merchandises: And according to the report of the said Searchers, to punish the offenders, according to their deserts, and power of their authority, for the benefit of the said merchandises, as is contained in the said Letters Patents of the month of May. ARTIC. 13. Item, the said Prior and consuls, may place, one or more Visitors or Searchers for the abousesaid causes, in all places whereas they shall think meet, for the true maintenance of all merchandises: And the said Searchers so placed, they shall take their oaths in all things requisite, to discharge their Offices faithfully, and truly, and according to a good conscience: And to search the said merchandises, whereof, and by whom they shal be required accordingly, for the respects contained in the former Article: And the charges that shall arise, to be laid vpon the offenders, according to the report of the said Searchers, to whom the said Prior and consuls shall set down a reasonable Salary, or reward, to be presently paid unto them without any circumstance; to the end not to fear the parties offending, by colour of suire, as the Kings pleasure is, in the said Letters Patents of the month of May. ARTIC. 14. Item, the said Prior and consuls, may place the said Searchers to take view of all Woods, Saffrons, wools, and all other merchandise that shall be growing and used in the said provinces of languedoc and Lorogois, As is contained in the said Letters Patents of the month of May. ARTIC. 15. Item, the said Visitors or Searchers, being chosen as before is said, shall be subject vpon any summons or request made unto thē, by any Merchant that pretendeth any merchandises to be falsified, or any other deceit to be found in it, that they should execute their Offices, be it either in the Kings name, or in the name of the said Prior and consuls, without other express commandement from the said Prior and Consuls: And shall duly and truly search the merchandise whereof they shall be required, vpon the like pains and forfeitures, as should haue been laid vpon him, who by their report, should haue been found culpable, to the end that the parties offending, should not be made afraid by Letters, nor no other means used in the other jurisdictions, for the gain& profit of the Iudges and their Ministers, Considering that the said Searchers shall be chosen and constituted, as before is said. ARTIC. 16. Item, the said Searchers may( in the Kings name, and in the name of the said Prior and consuls) command every man whom it shall concern, to bring forth all their merchandises, which they shall be required to search, that they may truly discharge their Office: And if any man shall in such case refuse to bring forth his goods, They shall summon them( so refusing) to appear before the said Prior& consuls, that they may take order therein according to reason. ARTIC. 17. Item, the said Prior and consuls, may punish such as shal cause any merchandises to be preached, if by the Visitors, the same merchandises shall be found good and lawful: as contrariwise, they may punish the Refusers, or them that haue committed any fault in their merchandises, 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. I. Item, the said Prior and Consuls, to entertain, conserve, and defend their authority, may for every offence, use only the penalty& 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 Patents of the month of May. ARTIC. 2. Item, the said Prior and consuls may without dispearsing of the goods, proceed by sequestration, arrest& imprisonment of the persons, who by them shall be condemned, until their sentence be fully executed, according to such form and order, as the conservator of the fairs of lion, Brie, and champaign, do usually observe, as is contained in the said Letters Patents, of the month of February hereafter expressed. ARTIC. 3. Item, to give force and authority to all the judicial Acts( being done by the authority of the said Prior& consuls,) the same shall be sealed with the arms and Cashet 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 Notary, even as it is more amply expressed, in the said Letters Patents of the month of May, being thereby prohibited, to use any of the Kings seals, according to the tenor 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,& proceed with the offender, so far as his offence shall concern trade of merchandise, Change, or Rechange, although the King be interested therein; provided that they proceed no further, then concerneth matters of merchandises, Change, and Rechange: And for his other punishment for other vices, they shall deliver the persons to the Iudges, 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,& the authority of the said Prior and consuls, As is contained in the said Letters Patents of the month of May. ARTIC. 6. Item, all Iudgments, Sentences, Ordinances, Commissions, Decrees and commandments, as well desinitiue 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 Patents in the month of May: and others of the month of February, hereafter specified, according to the order, as well of the conservator of lion, as of other Iudges. Who are subject to the authority of the said Prior and consuls, and who are exempt. ARTIC. 1. Item, all noble personages& others, all spiritual men, and lay-men, of age, or under age, or their deputies, using and exercising the Trade of merchandise or exchange, shall in that respect be subject to the power and authority of the said Prior and consuls, without any maner of exception, as is contained in the said Letters Patents, of the month of May,& the Restrictions therof, contained in the Letters Patents, given at Fountain Bleau, the seventh of December, in the year 1551: And published in the Parliament at Thoulouze, the ninth of February in the same year. ARTIC. 2. Item, all Seruants, Factors, Dealers, Intermedlers, and others, of what quality soever they be, being sent by the Merchants of the said Thoulouze, into any place, Countries, Dominions, or provinces, being either within or without the Kings Dominions, for the Trade of merchandises or exchanges, are subject to the authority of the said Prior and consuls, onely in the respect of the Trade of merchandise and exchange. And all other Iudges are forbidden concerning such debates and differences, growing between the said Merchants, and the parties above specified in this Article, onely to avoyde the fraudes, abuses, and ill demeaners of the said seruants and dealers, and for other good reasons, contained in the said Letters Patents of the month of May. ARTIC. 3. Item, all the heires of such men, as are subject to the said authority, of the said Prior& Consuls, and by them shal be arrested& imprisoned, are exempted: And the said Prior and consuls shall not haue to do, to arrest the bodies of the said heires, 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 year 1551. grounded aswell by common reason of Right, as by the Kings Ordinances in the Rewbricke of Letters Obligatories. ARTIC. 4. Item, all Noble personages, lawyers and Officers, are exempt from the said authority, although they haue bought Cloath of what kind soever, borrowed money or other merchandises for their necessary uses, according to their estate and callings: As is contained in the restraints of the said Letters Patents of the month of May. ARTIC. 5. Item, all Opposers against the Sentences& 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& Consuls: But they shall return the same unto the Iudges, 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 Iustice, 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 Patents of the month 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 month of july, 1549 And of the month of May, 1551. Three Additions to resolve two difficulties. ARTIC. 1. Item, all that be exempted from the jurisdiction of the said Prior& consuls, cannot by any means submit themselves thereunto, to take any benefit thereof, unless it bee by the Kings express Commandement, or consent of the other Iudges, in special favour and regard of the causes of the said exemptions, wherein the said Prior& Consuls must be wise and diligent, to avoid the offence of rash and fearful Iudges. ARTIC. 2. Item, saving& excepting the heires of such as be dead, that were in their life time, subject to the said authority, which heires( the debts owing by their Predecessors being proved, and they submitting themselves again by new Obligations to the rigor of the said authority) may bee constrained by arrest, and imprisonment of their persons: Renouncing the privileges of the same Articles, made only in the favour of the said heires; As by the said Article before alleged doth appear. ARTIC. 3. Item, excepting the heires& Successors of Merchants, frequenting the same Bourse, who, of what estate, profession, or quality soever they be, either Noble or head Officers of the said city of Thoulouze, or of any other condition, not using nor professing the Trade of Merchandizing or Exchange, shall be convented, adjourned, and pursued by all due ways,& reasonable courses, even as their Predecessors Merchants should haue been, if they had lived, before the said Priorand Consuls, for all things concerning the Trade of merchandise, and matters of Exchange, done and used by their said Predecessors Merchants, without pretending or alleging any disability or insufficiency, by reason of their Estate. provided always, that the suing of them shall bee done, without arresting or imprisoning of their persons: And the said heires( of what condition soever they bee) may sue, or cause to bee sued, all other Merchants for the causes and reasons before rehearsed, before the said Prior and Consuls, and no where else: As is contained in the said Letters Patents of the month of february, and as in all common right is observed. What matters are subject to the said authority, and what matters are not. ARTICLE. 1. Item all debates and differences, by reason of traffic, and dealing in merchandise, or cause of Exchange, be it by Obligation, Bill of debt, hermits, blanks signed, Letters of Exchange and Rechange, Suertiships, Partnerships,( general or particular) nominations of the sufficiency of men, or places where they dwell, Debts, Assurances, Accounts, or Auditings of accounts, Transpors, bargains, and all other Acts and things, with their circumstances, and what else belonging unto them, do appertain to the knowledge of the said Prior& Consuls, as is contained in the said Letters Patents, of the month of May. ARTIC. 2. Item, the imposition or assessment of such necessary sums of moneys, as shal be needful for the building, buying, or hiring of a place, fit for the exercises of the said jurisdiction to be used in, and for the profit of the said common Bourse,& of all things belonging thereunto: As also for the entertaining( in good estate and due form) for the ease and benefit of the transportation of all merchandise, alongst the Riuers of Garona, and Geronda, from the said city of Thoulonze, to the city of bordeaux, and of all other Riuers within the Countries of languedoc, and Lorogois. Also the taxation and assessment of every Merchant( as well Inhabitant, as Stranger using the Trade of the said Thoulouze) according to their abilities and dealings, doth appertain to the said Prior and Consuls; as is contained in the said Letters Patents of the month of May. ARTIC. 3. Item, the said Prior& Consuls, may impose penalties of money, vpon all such Merchants as shall obstinately refuse to pay such sums of money as are taxed vpon thē for the causes abovesaid by the said Prior and Consuls, and their council: And shall constrain them thereunto, by all due ways,& reasonable means,& also by imprisonment of their persons, until such time as they shall make payment of the moneys imposed vpon them, as aforesaid. And the penalties that shal grow thereupon, shall be disposed of, by the Prior and Consuls, the one half for the King, the other half for the benefit of the said Bourse; As is contained in the said Letters Patents of the month of May. ARTIC. 4. Item, there doth appertain to the said jurisdiction of the said Prior and Consuls, the knowledge of rendering of accounts, payments of the whole, or of part, and all other things concerning the Trade of merchandise, and order of Exchange: As is contained in the said Letters Patents, of the month of May. ARTIC. 5. Item, the punishing of all fraudes, abuses, deceits, falsifications, and all other ill dealings in merchandises, bought and used in the said Countries of languedoc and Lorogois: And all abuses committed in the course of Exchanges: All this, in all reason, doth appertain to the said Prior and Consuls, as is contained in the said Letters. Matters wherein the Prior or Consuls, are forbidden to deal withall. ARTICLE. 1. Item, all matters criminal or offensive, in regard whereof, the Kings attorney is a party, and thereby hath interest therein, as salsifying of Obligations, and bills of debt, or other writings, matters of reproach, or discredit of persons, thefts, and other evil and unlawful behaviours, done and committed, as well by the said Merchants, as by their Seruants, Factors, and Intermedlers in causes of merchandise. As also all others, not exercising the Trade of merchandise, are forbidden to be dealt withall, by the said Prior and Consuls, As is contained in the restraints of the said Letters Patents, of the month of May, hereafter specified. ARTIC. 2. Item, the said Prior and Consuls, are not to deal with the contracts of usury, either feigned, or otherwise unlawful, whereby the offender, by all reasonable iudgement deserveth punishment: As is contained in the said restraints. ARTIC. 3. Item, all civil causes, between men, of what quality soever, besides those which concern Trade of merchandise, or matter of Exchange, bee it by gift of the dead, by Will, or in aduancement of Marriage, enterchanging of goods by consent,& all other such like Contracts: be all exempted from the dealing of the said Prior and Consuls: As is contained in the said restraints. ARTIC. 4. Item, the said Prior and Consuls, are not to deal with any opposition, made vpon the execution of any of their Sentences, or ordinances; as is before expressed, and contained in the said restraints. ARTIC. 5. Item, the authority of the said Prior& Consuls, is onely in civil causes, according as before is recited: and all such forfeitures as shall happen, shall be arbitrated by the discretion of the said Prior and Consuls, and disposed of, as before is said. ARTIC. 6. Item touching all matters that concern the authority of the Prior and Consuls, and do appertain to their knowledge, all other Iudges, their Deputies, or assigns, within all the Kings Dominions, cannot impeach or gainsay: Neither shall they cross or contradict any thing, directly, or indirectly, whatsoever the said Prior and Consuls, or their Officers shall do: As is mentioned in the Letters Patents, in the month of May. The matters wherein they may Summarily proceed. THe King in his said letters patents, of the month of May, hath name& specified the said matters Summaries, the knowledge whereof doth appertain to the said Prior and Consuls, which bee these: Knowledgement of bills, Rescriptions, Letters of Exchange, Letters of advice, hermits, Blanks signed, sureties, Garnishment,& Consignations of moneys, of what sum so ever: And all other circumstances, belonging and concerning the Trade of merchandise, and matters of Exchange; As is more amply contained in the Letters Patents, of the month of May. The maner how to proceed in the said summary matters inclusive, until definitive sentence, according to the Kings Ordinance. ARTICLE. 1. FIrst, the said Prior and Consuls, shall cause all Complainants, at their first coming before them, in person or by their attorneys sufficiently authorised, to nominate a place in the same town, for his residence or abiding, and in default thereof, the said Prior and Consuls, shal refuse to receive their demands, defences, and oppositions, specially the Complaynants, as is contained in the first Article of the Kings Ordinance in the rubric: That all Litigans, &c. ARTIC. 2. Item, the said Prior and Consuls, are at all times authorised, 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 feasts, in which the Court of Parliament of the said place doth forbear: According to which Order, the said prior& Consuls may cease the exercises of their authority; And excepting furthermore, the day of the feast of the Kings( called Twelfday) in which the said Prior and Consuls are new chosen. ARTIC. 3. Item, the said Prior and Consuls, in the said causes, cannot permit more then one delay, which is a sufficient advantage for the party offending, as is contained in the said Letters Patents of the month of May: And shall be hereafter declared. ARTIC. 4. Item, if any question shall grow, for the reknowledgements of bills, the party that is adjourned shall bee permitted but one default, as above said; to come, either to confess, or deny his dead: And having made one default, his Bill shall bee held as confessed and available, from the day that the said Prior and Consuls shal give their Sentences: As is contained in the Kings Ordinances, and in the rubric, for the reknowledgement of Bills. ARTIC. 5. Item, the said Prior and Consuls, may take notice, that their authority is greater in the reknowledgement of bills, then the authority of all other Iudges, and more then the foresaid Ordinance doth express: For the said Ordinance doth extend, but to the adiourning of the said persons onely. And the said Prior and Consuls, vpon one only default, and notice left at the lodging of the offender, may, aver al bills, and declare the same to be payable, As is contained in the said Letters Patents, of the month of May. ARTIC. 6. Item, all Debtors and Defendants, being in question for the said matters, summary and provisional, 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 impungne the demand, which shall be made against them, by their Creditors and plaintiffs. ARTIC. 7. Item, all warnings or adiournments, that shalbe given at the first beginning of any process, shall contain summarily, all the demands of the plaintiff, 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 rubric of Adiournments. ARTIC. 8. Item, the Messenger or sergeant, executing the said Prior and Consuls Letters of Summons, touching the said matter summary, he must adjourn the person himself, if he can find him: otherwise, he shall fix, as well the copy of the demand, as his said exploit, 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& Consuls, of his diligences done therein: As is contained in the said Letters Patents, of the month 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 rubric of Serieants. Therefore all executions, or exploits of all Messengers or Serieants, shall be done under the attestation and record of two Witnesses, or of one at the least: And the said Messengers and Serieants, shall bee bound, to leave a copy thereof, with the parties so assigned, or else, to fix the same vpon the door of the lodging, as beforesaid: although they make resistance: and to make mention of all their exploits, at the charges of the plaintiff: As is contained in the first& last Article of the Kings Ordinances in the rubric of adiournments. ARTIC. 10. Item, if the party so adjourned, 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 bee owing to the plaintiff, or by arresting and imprisoning the party adjourned if he may bee taken, and so to detain him, until he shall put into the hands of the Iustice, the like sums pretended to be owing to the plaintiff: And this, in case where the party adjourned and imprisoned, would declare nothing in his defence, against the other party: The hand of the King, and of Iustice first garnished, like as the conservator of the fairs, of the said city of lion doth; And is contained in said the Letters Patents, of the month of february, hereafter expressed. ARTIC. 11. Item, without seizure of goods, it is lawful for the said Prior& Consuls, at the request of the plaintiff, to proceed against the debtor, by arrest and imprisonment, if that bee thought the easiest way, to do right to the parties, without show of process: Like as the conservator of the said city of lain, doth: According to the will and pleasure of the late King Francis, contained in the salide Letters Patents, of the Month of february. ARTIC. 12. Item, if the like sums bee consigned by the Defendant, he being heard in his defences, shall bee released or condemned, by the said Prior and Consuls, with charges and amends, according to the exegents of the cause, and quality of the person. And if the Defendant, and he that is called, bee prisoner, in regard that he hath not garnished the hand of the King and Iustice, nor consigned the sums contained in the demand of his adverse party, heard vpon his defence: The said Prior and Consuls, shall proceed against all such persons, as abovesaid: And like as the conservator of the fairs of the said city of lion, doth; To avoid long proceedings, considering the Parties bee present: And being for matters touching Trade of merchandise, and causes of Exchange. ARTIC. 13. Item, if he that is adjourned, do not make his apparance according as he is assigned to do, neither is prisoner, then after one default, the said Prior and Consuls may proceed, by seizing of his goods, so far as the sums contained in the demand of the adverse party do amount unto. And they may ordain, to call the said debtor, that at a certain day, hour, and place, he may come to see his goods so seized, to be publicly sold, to the end that the plaintiff may be satisfied, with the money proceeding thereof, according to reason, without any further delay: As is contained in the said Letters Patents, of the month of May. ARTIC. 14. Item, if the goods so taken and seized bee vnmoueable, the said Prior and Consuls having caused to bee made the Cries, and present sale thereof, they shall cause the said goods to be committed to a certain Commissioner, by the messenger or sergeant, who did execute the said Cries: And the party who is the pursuer, shall cause to be intimated& signified the said Cries to all men, to whom it shall appertain: And to make fast the intimation to their exploit of their said Cries, under the Counter seal of the said Prior& consuls, vpon pain otherwise to be of no effect: As is contained in the Kings Ordinances in the Rewbrick of Cries and sales, in the second and fourth Articles. ARTIC. 15. Item, the Notice and Cries being done according to the form accustomably kept in the town of Tholouze, the Sentence and Decree of the said Prior and consuls being given, vpon the goods so notified and sold, shall be interposed and executed in the savour of him that offereth most, and last inhanser of the price, as is ordinarily done in the jurisdictions of the other Iudges of the said place; According to the tenor of the said Letters Patents of the month of May: And as contained in the fift article of the kings ordinances in the rubric of Obligations. ARTIC. 16. Item, forasmuch as the said Prior and consuls by the tenor of the said Letters, may use the solemnities and means in the exercising of their jurisdiction, the which the other Iudges of the kingdom do use; The said Prior and consuls may vpon the interposition of Decree, observe and keep, the custom of the Iudges of normandy, contained in the 24. Article of the Kings Ordinances, in the Rewbricke of Abolitions, Confessions, and grants, &c. whereof the tenor ensueth. ARTIC. 17. Item, when as many pieces of lands and heritages, Returnres do pass by one onely Decree, vpon any person for his debts, although there be many inhansers of price, yet notwithstanding they shall suffer one onely Decree to pass, which shall be by the last inhanser, to whom the adiudication shall be made; And the Register cannot constrain the other parties, specially the Decretant, to take the Letter of Decree and Estate, But they shall suffer the said Inhansers to take the letters of their Inhansements simply; And the said Decretant to take the act of that which shall be ordained vpon his opposition, or else the said Prior and Consuls may make the act of return, to the other Iudges, to whom the knowledge of the oppositions do appertain. ARTIC. 18. Item, for all executions where there is commandment to pay within a certaie time, it shall not be needful for the validity of the exploit of the Cries& Notices, or other seizing of goods or person, to make farther enquiry of goods movable: But it shall suffice a commandment duly made by a Messenger or sergeant to the person, or warning left at his Lodging, After which the goods seized, or the person arrested, shall remain until such time as he haue obeied the said commandment: As is contained in the Kings Ordinances in the 11. Article of the Rewbricke of Obligations: And in the said Letters Patents of the month 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 movables, then after one default, they shall be sold publicly to him that offers most, to make satisfaction to the plaintiff: And before the sale of the said goods, shall cause the party pursuer to give a signation to the defailant, for to come and see sold and delivered his goods to the most offerer, According to the custom of the Iudges of the said place: And is contained in the said letters Patents of the month of May. ARTIC. 20. Item, if the said parties adjourned, do make their appearance at the day assigned them, And do show forth any matter against the demand of the plaintiff, being by the said Prior and consuls condemned to garnish and consign the sums contained in the said demand, they cannot impeach or hinder the said garnishing and consignation: Although they do appeal from the said sentence which is provisional, and cannot be impeached or suspended by appeal: as is contained in the last Article of the Kings Ordinances, and in the Rewbricke of provisional Sentences; And in default of garnishing and obeying the said Sentences; The said Prior and consuls, may constrain the Refusants, by arresting and imprisoning of their persons: As is contained in the two Letters Patents of the Moneths of May and February hereafter expressed. ARTIC. 21. Item, if one opposition be framed against the seizing, sale, or delivery of the goods, or against the Cries or interpositions of Decree, or against any other chief point, where opposition may take place, the hand of the King and of Iustice remaining duly garnished, 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. red and published according to their tenors, in the Parliament of the said city of Thoulouze, the ninth day of February in the same year. ARTIC. 22. Item, if the party adjourned do offer surety, yet notwithstanding he shall be caused to garnish, and then haue power to call his surety: The hand of the King& Iustice remaining garnished, who being called, before he be received as surety, shall make the like garnishment, that after they may proceed as well against him, as the principal debtor, according to reason: And all Sentences& judgements that shall be given against the surety, shall be to be executed; to wit, against the principal debtor, for the principal sum: And against the sureties for the charges, damage, and Interest onely; As is contained in the 20. Article of the kings Ordinances, in the rubric of delays. ARTIC. 23. Item, to call a surety before Contestation of the Cause, the said Prior and consuls cannot permit but onely one default, unless the first surety, will call a third man for surety, to whom they may allow one other only default: as is contained in the second, third, and fourth Article of the Kings Ordinances, in the said rubric of delays. ARTIC. 24. Item, in the said matters to be proceeded against the Contumasers, 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 is contained in the first Article of the Kings Ordinances in the rubric of adiourments: And all delays are left by the King to the discretion of the said Prior and consuls, to grant them according to the quality of the persons, causes and places, as the other Iudges do. ARTIC. 25. Item, if the demandant do attempt any suite by subtlety, and causeth any execution thereof against the adverse party, or otherwise if the defendant use any subtle helps, or unlawful means, to defraud the plaintiff, and not to satisfy him; The said Prior and consuls may condemn the party culpable,( for using the said deceit or unlawful means) in a forfeiture, and the same to be disposed of as aforesaid; As is contained in the tenth Article of Kings Ordinances in the rubric of Obligations, And in the said Letters Patents of the month of May. A note of such matters wherein it is needful to haue instruction, and knowledge of the cause. ALl those matters are specified and name particularly in the said letters Patents of the month of May, even as is likewise name, Obligations, Assotiations, either general or particular, Nominations of persons, or sufficiency of goods, Assurances, Accounts, and Awditing thereof, loan of Rests, satisfaction of the whole or of part, Transports, Delegations, Nouations of debts, Societies, bargains, and other Acts concerning the business of the said Bourse, and all thereunto belonging. ARTIC. 1. First, the Kings pleasure is, by the tenor of the said Letters of the month of May, that the said Prior and consuls do proceed to Iudgement of the debates, and differences moved, or to be moved, by reason of the said matters, after two defaults, and that the parties adjourned two times, and making no apparance the second day to them assigned, shall be subject to the same Iudgement: Note that the King hath not limited any time for the said defaults, butleaueth the same to the discretion of the said Prior and consuls, who are to limit the same, according to the distance of the place, quality of the party adjourned, commodity of the time, and cause of the business, as all other Iudges are accustomend to limit the defaults, according to the same circumstances, and according to the common disposition of right: And the tenor of the second Article of the Kings Ordinances in the rubric of delays. ARTIC. 2. Item, whether the parties adjourned do appear, or make default the day assigned them the second time; The said Prior and consuls( before they do proceed to Iudgement of the said matters) shall hear the demaundants, who vpon their oaths shall affirm their debts so demanded to be true, and contain nothing but truth: And then the defendants so adjourned being present, answering by credite, which is as much to say, that it is true, that the demand of the plaintiff do contain truth: And presently the said Prior and consuls condemning them to satisfy the said plaintiff, with all costs presently taxed, with out form of process, by the said Prior and consuls, according to the Kings pleasure contained in the said Letters of the month of May. ARTIC. 3. Item, if the parties so adjourned shall answer by no credit, which is as much to say, that the demands of the plaintiffs are not true, in all, or in part, they shall then affirm the same vpon their oaths, and submit themselves to prove the contrary, as is contained in the first Article of the Kings Ordinances in the Rewbricke of answers. ARTIC. 4. Item, if the parties so adjourned, make no appearance( the two defaults being past) then shall the plaintiff be subject to sand unto the Defendant a copy of his demand with his oath, to the end that he may either impugn the same, or allow thereof, which the plaintiff may do either by himself, or his attorney, intimating unto him, that if he fail therein, that then the said Prior and consuls, will proceed against him summarily to Iudgement, vpon the plaintiffs conclusion as before is said. ARTIC. 5. Item, if the parties do varie in their demands, they shall be subject to give in writing, both under their hands and oaths, those points wherein they varie, and that within eight dayes, to the end that diligent enquiry may be made thereof: As is contained in the third Article of the Kings Ordinances in the rubric of Articles agreed vpon. Of Inquiries. ARTIC. 1. Item, the said Prior and consuls, their lieutenants and Deputies in making their Inquest, may not receive any witnesses, nor take their oaths, nor proceed in proof, without the adverse party be first called thereunto, vpon pain that their proceedings in such a case shall be of no value, and if the party shall make default, after he hath been twice called, they may then receive the witnesses, and proceed to the inquiry, and all things thereunto belonging: As is contained in the 12.13. and 14. Articles of the Kings Ordinances in the rubric of commissaries to make Inquest. ARTIC. 2. Item, if enquiry bee needful to be made for both parties, and one of the parties will appeal from the Prior and consuls and their deputies, then the said Prior and consuls and their deputies, may make enquiry in the behalf of the party that doth not appeal: As is contained in the 15. Article of the foresaid rubric. ARTIC. 3. Item, the said Prior and consuls in making their inquiries, they cannot give but one onely default, within which time the parties must make report of their inquiries duly to bee done, and closed with their seals, As is contained in the ninth, tenth, and eleventh Article of the kings Ordinances in the rubric of delays. ARTIC. 4. Item, saving that if the parties haue done their diligences in making the same inquiries, within the time to to them limited, and cannot within that time finish the same, then vpon due proof made of their diligences so done, in such case the said Prior and Consuls may give them one onely delay more, after the which time they cannot make any further enquiry, by witnesses or otherwise: As is contained in the 12. and 13. Articles of the said Ordinances. ARTIC. 5. Item, the parties received to make enquiry before the said Prior& consuls, may use all sorts of lawful proofs, as well by right, as by the Kings Ordinances, provided that the same bee done, assummarily as may be, according to the power of the authority, of the said Prior and consuls: All which is to be done in civil manner, be it by witness, by writings public or private, by collection of Letters, by oath in the fulfilling of all proof: And otherwise according to the exegents of the cause, to know the truth, and to instruct the Consciences of the said Prior and consuls. ARTIC. 6. Item, if in the end of the cause of the Demands,& Articles of the Parties, there bee found any Article, false and deceitful, he that hath affirmed the same, shall be condemned by the said Prior& Consuls, in the penalty of one hundreth soles-parasitz, half thereof to the King,& the other half to the party: As is contained in the 15. Article of the Kings Ordinances, in the rubric of Answers. And they may make use of the same penalties, against all parties, who shall not within eight dayes after all delays, give in all their Demands, and things contrary thereunto, being so ordained by the said Prior and Consuls: As is contained in the fourth Article of the Kings Ordinances, in the rubric 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, cannot take but ten witnesses, and them secretly, the one after the other, vpon pain of an arbitrable penalty, wherein the said Prior and Consuls and their Deputies may bee condemned, by the Court of Parliament of the same place: And that all witnesses of whom they shall take herein above the said number, shall bee rejected: As is contained in the rubric of Witnesses, and likewise vpon a matter in the Kings Ordinances. ARTIC. 8. Item, the Inquiries being received, the Parties there, both or severally, shall bee subject to give in, their Letters of salvations, or reproaches, within three dayes after the receiving the said Inquiries, without any further delay, vpon pain to bee refused, as is contained in the second Article of the Kings Ordinances, in the rubric of Reproaches. ARTIC. 9. Item, all Contradictions against the Letters and salvations, shall bee given in, within eight dayes after the said Reproaches, and salvations, without any further delay, otherwise to be refused: As is contained in the sixth Article of the said Ordinances. ARTIC. 10. Item, after publication made of the said Inquiries, no reproaches, salvations, and Contradictions, shall be permitted to be given in; But they shall proceed to Iudgement,& decision of the cause, vpon the former proceedings: As is contained in the third Article of the Kings Ordinances. ARTIC. 11. Item, all Inquiries, considering they cannot be other then civil, shall bee published before the said Prior and Consuls, having first observed the tenor of the Articles here before immediately written, As is contained in the kings ordinances, in the rubric of Publications of Inquests, and every party in the end of the cause, may retire his own if he so please: As is observed in the jurisdiction of other inferior Iudges. Of Production. ARTIC. 1. Item, if the proof be to bee 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, unless the distance of the place, do require any more time, As is contained in the third Article of the Kings Ordinances, in the rubric of Productions. ARTIC. 2. Item, if the Parties produce any writings that concern not the cause( to the end to trouble the Iudgement of the said Prior& Consuls) they may then condemn the same party, that shall bring in any such Writings, in the penalty of 100. soles-parasitz, As is contained in the second Article of the foresaid rubric, to be applied as before is said. ARTIC. 3. Item, the said respite of three dayes, or other respites, given by the discreet deliberation of the said Prior and consuls, being past, the Parties shall not after be permitted to produce any further Writings, but the process shall bee judged in the same state, as shall bee found at the expiring of the respite, As is contained in the fourth Article of the foresaid rubric of Productions. ARTIC. 4. Item, the Register of the said Prior and Consuls, shall be subject to keep a little inventory of all the Writings that shall be produced, and shall cause the Parties that produce them, to writ their names vpon every one of them, to the end that none of the writings so produced, bee altered or lost, which might happen to bee of great importance, specially amongst Merchants, between whom oftentimes, groweth questions of great sums, contained in little papers; As bills of Debt, and letters of Exchange: And likewise to the end that all Writings so produced, might bee seen to agree with the tenor of the inventory, in the deciding of the process: As is contained in the Kings Ordinances; in the rubric of Inuentories. ARTIC. 5. Item, the said Register shall not take out any copy of matters of effect out of the said inventory, neither for the one party nor for the other, but onely the cause, and the end wherefore the said writings are produced, vpon pain to forfeit a hundreth solesparisitz, to bee employed to the profit of the said Bourse, like as the attorneys of parties in other jurisdictions, are condemned in the like sum, to be employed to their chapel: As is contained in the second Article of the said Ordinances, in the rubric of Productions. Of Sentences. ARTIC. 1. First, the say de Prior and Consuls, according to the certainty and truth of the proofs and alligations made before them, by the parties, shall pronounce their Sentences clearly, deciding the process, vpon pain to be punished by the Court of Parliament of the said place, vpon the reformation of their Sentences: As is contained in the second Article of the said Ordinances, in the rubric of Sentences. ARTIC. 2. Item, after the said Prior and Consuls, haue pronounced their Sentence without correcting, adding or diminishing the same, the said Register shall give a copy of the said Sentences, to either of the said Parties, being required thereunto, vpon an arbritable penalty to bee laid vpon him, and to be held a false man if he do the contrary; as is contained in the third Article of the foresaid rubric. ARTIC. 3. Item, the Kings pleasure is that all Sentences given by the said Prior and Consuls, both interlocutory and definitive, shall be of force and effect, even as those of other Iudges, As is contained in the last Article of the said rubric of Sentences. Of Arbitrators. ARTICLE. 1. Item, the Merchants of the jurisdictions of the said Bourse of Thoulouze, as well by their own consents, as by the Commandement of the said Prior and Consuls, may commit 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 received by the said Prior and consuls, before the arbitrement bee performed, by the party that doth appeal: vpon condition to bee restored in the end of process, if it bee so thought good by the said Prior and consuls. As is contained in the Kings Ordinances in the rubric of Arbitrators. ARTIC. 3. Item, the said Prior,& Consuls, are to note, that no Merchant, nor other being of their jurisdiction, can tranport, or make over their interest to any person privileged, and not subject to the same jurisdiction, be it by gift, sale, or Exchange, or by any other means, to the end to avoid their authority, vpon pain that the same transports or possessings, shal be of no effect, and the loss of their right and cause: As is contained in the first and second Articles of the Kings Ordinances, in the rubric of Sessions. ARTIC. 4. Item, all Notaries, who shall receive any such transports or Sessions, shall be punished by the said Prior and Consuls, in an arbitrable penalty: And further shall bee condemned, to pay unto the adverse party, all his costs and charges, which he hath sustained by means thereof; As is contained in the first Article of foresaid rubric, taken of the common disposition of right. Of Accusations. The Parties may accuse the said Prior and Consuls, and others of their jurisdictions, if they haue lawful cause so to do. And that not in writing but by word, in his presents whom they suspect: And their accusations shall bee summarily examined and decided; And if in case the said Prior and Consuls should bee accused, then the most ancient Merchants, and those who haue had the first pre-eminence in the said Bourse, 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 rubric of Accusations. Of Distributions. ARTICLE. 1. THe said Prior and Consuls, may distribute the process unto the most ancient Merchants, that bee most expert in the matters that bee 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 salary to bee given to said Merchants, in regard of their report. ARTIC. 2. Item, all Merchants to whom the said Prior and Consuls shall distribute the process, they shall be subject to take the advice of the advocate,& attorney of the said Bourse, or of any others, if there bee any difficulty in the cause, to the end to discern the right, and to make the better report therof 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 fairs of the said city of lion doth. Of Charges and Damages. ARTIC. 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 process, 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 rubric of Charges: like as the conservator of the fairs of the said lion doth; And is contained in the Letters Patents of the month 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 until he had satisfied the same, by the said Prior and Consuls, the said party cannot bee by them enlarged, without the express consent of the party interested, or that he haue satisfied him, As is contained in the seventh and eight Articles in the rubric of Charges, And in the sixth Article of the rubric of Penalties. Of Penalties. ALl Penalties adiudged by the said Prior and Consuls( to be applied as before said) shall be levied without delay, as is contained in the second Article of the forefaid rubric of Penalties. Exhortation. THe said Prior and Consuls, for the executing of the Kings pleasure, entertaining of their jurisdiction, following the Order of the conservator of the fairs of lion, avoiding of all bribing means, which the ministers of other jurisdictions do use, and the easing of all Merchants: To the end that they may more freely exercise the course of their buying& selling of merchandise,& causes of Exchange in all truth, They must haue regard, that they make no long proceedings, but by all means possible force out the truth, speedily to decide the cause in question, so far as appertaineth to their knowledge, by the true affirmations of the Merchants, and not by feigned, subtle, and crafty writings, which often times do darken the truth, under the colour of fair phrases declared in them; For so is the Kings pleasure, in the said Letters Patents of the Month of May, when as He commandeth them to proceed to judgements, in matters appertaining to their knowledge summarily, without figure of long pleas, and great solemnities of process. FINIS.