THE Lavves and Statutes of Geneua, as well concerning ecclesiastical Discipline, as ciuill regiment, with certeine Proclamations duly executed, whereby Gods religion is most purelie mainteined, and their common wealth quietli gouerned: Translated out of Frenche into Englishe by Robert Fills.
AFTER DARKNES, LIGHT.
POST TENEBRAS LVX
PRINTED AT LONdon by Rouland Hall, dwellyng in Gutter Lane, at the sygne of the halfe Egle and the Keye. 1562.
To the right honorable, the Lorde ROBERT DVDDELEY Maister of the Queenes Maiesties horse, and knight of the noble order of the Garter, Robert Fills wisheth long lyfe, with the encrease of godlye honour.
YOur good zeale (right honorable lord) to the aduaūcement of gods glorye in this realme, and the singuler gentilnes and fauour that you vsually shewe to the furtherers thereof, hathe moued and encoraged me to flie to ye protectiō of your name, partlye to procure thereby some defence and cōmendacion to this good worke, which I haue translated into the Englishe tongue, and partly so muche as in me lyeth, to do you that honour whiche of righte I thinke to to appertaine vnto you: that is to acknowledge you by the dedication of this worcke (as you are in deede to your great praise & renowne) a worthie patrone of good & godlye meanings. [Page] But there is nothing so well minded, or so godly deuised, but that it may, & cōmonly is, by euill taking misconstrued, and by sinister talking depraued: such is the nature and propertie of the malicious and slaunderous tongue, that being but a lytle member, yet it is euer busye and babeling, neuer quiet, barking alwaies byting somtime, fynding great matter where none is, makynge of nothing some thinge, of some thynge a greate thinge, of a Mouse a Mountaine, of a Gnat an Olephant, of a smale sparke, enkindlynge a fyer of much discorde and dissencion. Therefore albeit ye Greke Poet Aristophanes truly sayeth, that there is no remedie against the byting of a Sichophant or slaunderer: yet somewhat to stoppe the rage of this running & ranging tongue, and to preuent and cure as muche as maye be this pestilent poyson, I haue not only thought good to vse the sayde meane, of your honorable name, but also to expresse in thys my preface, bothe the purport & substaunce of the boke, and ye [Page] minde & meaning of my selfe ye translatour, yt if the malicious man wyll carpe or cauil at either of them, your honour and other that by your example, shall iudge well of thinges well entended, maye haue at hand a trew apologie and defence. The booke conteineth lawes and statutes, without which a common weale can no more be ruled, then the body lyue without the soule, or a great shippe in the boisterous sea, bee gouerned without a wise and skilfull lodesman, and they are ye statutes of Geneua, a Citie coū ted of all godly men singularly well ordered, as well for good policie, as also for the gouernemente of the Churche in all estates, orders, and vocations, where sincere religion is wonderfullye aduaunced, erroure mightely beaten downe, vertue excedingly maynteyned, vice seuerelye repressed: suche is the execution of those lawes, such straight discipline is practised, that not only grosse crimes are punished, but common (faultes as men take them) are narowlye seene vnto, as blasphemye, heresye, [Page] straunge and pestiferous doctrine, fornication spirituall and corporall, swearinge, sclaunderinge and suche lyke, so yt in dede that place maye be a lantarne to manye other, bothe of sinceritie in iudgement, and of honestie in conuersation, as this booke presently doth witnes, & the practise and example doth much moore lyuely declare. Now, the intent & minde of ye translatour is faithfullye to communicate to Englishe men, this treasure taken oute of the Frenche tongue, (obteyning the copye oute of the register booke of the foresayde Citie) that thereby they may beholde as in a glasse, a christian reformation, and employe them selues to the imitation as farre forthe as they see best for them, as shalbe most conuenient. Hereby maye not bee gathered that the Translatour is a newe lawe maker, or authour of any innouacion, or that his industrie and diligence is in any wyse preiudiciall to the lawes of this our realme, which are laudable, good, and godlye: but as the knowledge of all histories is to all suche [Page] as desyre to heare, see, and knowe, thynges profitable and pleasaunte, and necessarye, so besyde the obseruation of the common lawes positiue, the readynge of thys fruitefull worcke, shall brynge to the priuate man godlye instruction. If we haue a pleasure to reade Iosephus, Xenophon, Plutarche, Aristotle, Liuye, and suche other, and wyshe them to bee tourned into knowen and familier languages: that thereby we may peruse and vnderstande the lawes, fashions and ordinaunces of the Iewes, Grecians, Romaines, and others, howe muche more ought men to suffer and take in good parte this facte of him that bringeth home to vs out of a strange and far coūtrey, and forein tongue, a forme & patrone, not only of a wel instituted cōmon weale but of a well reformed churche, not for Heathen to gase on, but for Christians to folowe, not so much for delectation as for edification. Whiche fruite of my laboure, God graunte maye tourne to hys glorye, and to the encreace of good nourture and [Page] discipline in Christes scoole, that trew repentaunce and amendment of lyfe maye ensue, that by our workes our heauenly father may be glorified, and his people by the example of our faith and mutuall charitie edified. And further, this worke maye serue for matter of answere to those that inueying agaynste the lyues of men of our profession, do more falsely speake euill of vs, than they can trewlye speake well of theyr owne faction. They charge vs with libertie and licenciousnesse moste vniustly, reportinge that we departed oute of this realme in the late tyme of banishement of Goods churche, onelye to this ende, to enioye more vnchastised freedome of sensuall lyfe: But when they shal beholde these lawes, & shal not bee able to proue, but yt the same are as vertuously folowed, and as seuerely executed in those places where we lyued, as in this boke they be here expressed: which shal appeare howe small lycence is in oure reformed churches left to synne, in comparison of the realmes drowned in their [Page] supersticion, where their truste in mans pardon hathe quenched the feare of gods displeasure, and where horrible synnes are dispensable for money, I truste these slaunderours shal haue their mouthes stopped, tyll they bee able to shewe a common weale of their owne, where so good lawes both of sincere religion and ciuill iustice and honesty, are so dewly put in practise, so reuerentlye obeyd, and so preciselye kept, yea & by those that willynglye for the loue of god, and tender care of their owne saluation, do forsake the landes of greater libertie of lyfe, to thrall them selfes to such seueretie. For the maner of translating I shall beseche your honour, and all good readers to beare with the plaine and simple rudenesse thereof, and for myne excuse to vnderstonde, that I considered these to be lawes and rules of lyfe and religion, in expressinge whereof, I had rather be to curiously faithfull, then any thinge neglygently or vntrulye fine, I haue giuen it worde: for word rather folowing somtime ye Frenche [Page] prase to muche, then at anye tyme venturynge to presume or take to my selfe a iudgement that I attayned the sence of the worcke, yf I should swarue from the wordes. My laboure I beseche youre honoure to accepte in good parte, as I wyll not fayle to continewe in prayer to God for the continuaunce and encreace of your godlye zeale and Christian affection.
A table to finde the principall pointes in this present booke.
- THE order of the offices instituted by god for the gouernement of his churche. fol. 1.
- To whō the institutiō perteineth. 2.
- The forme of ye oth of ye ministers. 3.
- The number, places, and tyme of the sermons. 6.
- The office of the preachers. 7.
- The office of the elders appointed by the Seniorie in the consistorie. 8.
- Of the deacons and their offices. 9.
- Of Sacramentes. 11.
- Of the Supper. 12.
- Of Mariages. 12. Of Buriyng. 13.
- Of the visitation of the sicke. 13.
- The orders which ought to be kepte towardes lytle children. 14.
- Of the visitation of ye prisoners. 15.
- The order towarde the aged. 15.
- The parsons whiche the officers or Commissioners in cōsistorie ought to admonishe. 16.
- The visitation of ye ministers in parishes or villages perteynynge to the citie of Geneua. 17.
- The maner of their visitation. 18.
- [Page] Of the election of Seniours or lords called Sendicques, and of the othe of the lower counsell. 19.
- Of the election of ye smale coūsel. 21.
- The forme of their othe. 22.
- The election of the Treasurer. 23.
- The election of the Secretaries. 23.
- The forme of their othe. 23.
- The counsell of ye two hundred. 24.
- The auditours of the accompts. 24.
- The forme of their othe. 24.
- The controler, the maister of the money, & the maister of the ordinaūce. 25
- Of the procurour generall. 25.
- The forme of his othe. 25.
- Of the Captaine generall. 26.
- Of perticulers. 26.
- Of Banderettes. 26.
- Of their Lieutenaunts. 26.
- Of Dizeners. 26.
- Of their othe. 26.
- Of ye geolyer & forme of his oth. 27.
- Of the Saoultier. 27.
- Of the Haroldes. 27.
- Of the waiters. 28.
- Of the kepers of towers and the Porters. 28.
- Of the Notaries. 28.
- [Page] The forme of their othe. 28.
- The office, charge, and authoritie of the lordes Sendicques. 30.
- The office of the fyrst in especial. 31.
- The office of the thre other Sendicques, that whiche two of them may doe. 31.
- That whiche one of them alone may doe. 32.
- Of matters criminalls 32.
- The office, charge, and dutye, of the counsell. 33.
- For what cause thei ought to cal the counsell. 35.
- The office of the Treasurer. 35.
- The office of the Secretaries. 36.
- The office of the Captaines, Bande retts, and Dizeners. 38.
- The Auditours of accompts. 39.
- The office of the Controler. 40.
- The office of the maister of the artillerie. 41.
- Of the office of the Procurour generall. 42.
- Of the office of the Saoultier. 44.
- Of the office of the Porters and kepers of the towers. 45.
- The watches of the two steples. 46.
- [Page] The courte of the Senior lieutenant and adiutors. 46.
- The forme of their othe. 48.
- The place of the Assistaunce. 48.
- Of the two Secretaries of the Lieutenauntes courte. 48.
- The forme of their othe. 49.
- The office of the Lieutenaunte, and the order of the courte. 49.
- Of ye penaltie of thē yt be absent. 50.
- Of the summoning for appearaunce in ciuill causes. 50.
- For default of appearaunce. 50.
- The summoning of ye witnesses. 52.
- Of pleding. 52.
- Of the procedings and termes of delaye. 53.
- Of causes aboue a crowne. 53.
- In causes of exceptions. 54.
- Of termes appoynted to heare the right. 55.
- Of the longest terme that the processe ought to endure. 55.
- Of the two Feries. 55.
- Of causes extraordinarie. 56
- Of relation of the Iudges in the proceding, as in sentence definitiue. 57.
- The causes excusable. 57.
- [Page] The taxe of the reward of the Lieutenant and his assistaunce. 57.
- The taxes for the Secretaries. 59.
- The taxes for the Sergeantes. 60.
- Howe the Lieutenaunt ought to gouerne him selfe in matters of imprisonment. 60.
- The order which he ought to kepe in proces criminall. 61.
- Of emolumentes and exactions of seales, the vsaunce, & gouernement, and garde of the same. 62.
- The taxe & emoluments which they ought to take of the thre seales. 62.
- The seale to seale pupill goods. 66.
- Fyue proclamations conteynynge most necessarie ordinaunces and statutes. 67.
- The first proclamation. 67.
- The seconde proclamation. 69.
- The thirde proclamation. 74.
- The fourth proclamation. 76.
- The fyfte proclamation. 79.
- The valuation of their coyne. 87.
Here folovveth the ACTES AND STATVTES OF the Citie of Geneua.
IN the name of the most mightie God, we Syndicques, with the great and smale counsell of Geneua, with oure people assembled by the soūde of trompett and the great bell, folowing oure aūcient customes, hauing considered yt it is a thinge worthy of commendation aboue all other that the doctrine of the holy gospell of oure lord god be conserued well in puritie, and ye christian church mainteyned accordingly, also that yougth in tyme to come be well and faithfully enstructed, and ye hospitall ordered in good estate for the sustentacion of the poore, the which cannot be excepte there be established a certaine rule & manner to lyue, by the whiche euery state may vnderstand the duety of his office. For this cause it semed good to vs that the spiritual gouernement such as god hath shewed vnto vs, and [Page] instituted by his worde be brought in to good forme, to haue place and to be obserued amonge vs, and we haue ordeyned and established to folowe and kepe in oure towne and territorye, ye ecclesiasticall pollicy folowing, which is taken oute of the gospell of Iesus Christ.
First of all there are fower orders of officers which oure lorde hath instytuted for the gouernement of hys churche, that is to saye pastors, doctors, elders, other wise named cōmissioners for the Seniorie, and fourthly Decons.
If we will haue a churche well ordered, and kept in ye purytie, we must obserue this forme of gouernement.
As concerning pastors whiche the scripture nameth some times watche men, and sometyme ministers, theyr offices are to declare ye worde of god, to teache, to admonyshe, to exhorte, to reproue as wel publikly as priuatly, to minister Sacraments, & to doe brotherly correc [...]yon with the elders or Commissyoners.
Nowe to the ende that nothinge be [Page 2] done confusedly in the churche, no mā ought to thrust him selfe into this office withoute lawfull callyng: in the which there are to be considered three thinges, that is to saye, examinacion whiche is principall, afterwarde, to whom it apperteyneth to institute ye mynisters: thirdly, what Ceremonye or maner of doinge is good to the induction of them to their office.
The examinacion conteyneth two partes, the fyrst is touching the doctrine, that is to saye yf he which shalbe appointed to the office haue good knowledge in the holye scriptures, and more if he be sufficient and meete to communicate it to ye people to their edification.
Also, to put away or eschew all dangers, that he whiche shalbe receyued holde no euel opinions, it shalbe good that he doe protest to receyue and reteyne the doctryne approued in the churche.
To knowe if he be meete to teache, they must procede by interrogatories and to haue him treate of some parte of the doctrine of oure lorde god.
[Page] The seconde parte is of lyfe: that is to saye, if he haue good conditions, & if he haue alwaies gouerned him selfe withoute reproche. The rule to procede by is very well declared by S. Paule, the whiche ought to be kept & obserued.
❧Here foloweth to whom it perteyneth to institute or appoint ministers.
IT shalbe good in this pointe to folowe ye order of the auncient church for as much as it is but a putting in vse of that whiche is declared vnto vs in the scripture: that is, that the ministers first chuse him which ought to be put in office, geuing vnderstanding to the Seniorie, & after present him to the counsell, and if he be foūde worthy, that the counsell receiue and accepte him: and after hauing knowledge of him (as they shal se expediēt) geue him a testymony that he may be brought forth, and finally presented to the people in the sermon, to ye ende he maye be receyued by the common cōsent into ye companye of ye faithful.
If he be founde vnworthye, and so declared by lawfull proues, that then [Page 3] they procede to a newe election and chose another.
Concerning the maner of the induction, bicause the ceremonies in times past haue ben turned into manye superstitions by reason of the infirmity of the tyme, it shalbe necessarye that one of the mynisters make declaration and demonstracion of the office, to the which he is chosen, and after that ye praiers be made for him, that ye lord geue him grace well to discharge hys offyce.
When he shalbe chosen, it is necessarie that he be sworne before ye Seniorye wyth suche an othe as shalbe conuenient for a minister, as here foloweth.
❧The maner and forme of the othe and promyse which the enangelicall mynisters admitte and receyue in the cyttie of Geneua, done before the Syndicques and Counsell.
I Promyse and sweare that in ye ministery to the which I am called, I shall serue faythefully before God: vsing his worde purely to edify thys churche to the which I am bounde, & [Page] that I shall not abuse his worde to serue my carnall affectyon, to please any man liuing, but that I shal vse it with a pure conscience to serue to his glorye and ye profit of hys people, to ye which I am bounde.
Also I promyse and sweare to kepe the ecclesiasticall ordinances which are passed and ordayned by the small great, & generall Counsells of this Citie, as is geuen to me in charge, to admonyshe them which haue fayled, to execute my dutie lawfully, not geuing place to hatred, fauour vengeāe cor other fleshly desire, & in general to doe yt which apperteyneth to a good and faithfull minister.
Thirdly I sweare and promyse to kepe and maintayne the honour and profyt of the Seniorye and the Citie, to endeuoure my selfe wt all possybilitye that the people be kept and conserued in good peace and vnity, vnder the gouernemēt of the Seniorie, and not to cōsent in any case to any thing agaynst the same, but to folowe my sayd vocation as wel in tyme of aduersitie as ī prosperity, be it peace, warre [Page 4] pestilence or other wise.
Fynally I promise and swere to be subiecte to the pollicye and Statutes of this citye, mynistring good example of obedience to all other, yelding my selfe for my part subiecte and obedient to the lawes and magistrates as much as my office doth beare, that is to saye withoute preiudice to the libertie which we ought to haue, and teache according as god cōmaundeth vs, and to doe all thinges whiche apperteine to oure office. Also I promise in suche sorte to serue the Seniorye & the people, that I be therby ī no case letted to render vnto god the seruice which I owe to him in my vocatyon.
Nowe euen as it is required dyligently to examine the ministers whē they shalbe chosen, so it is necessarye to haue good pollicye to holde & kepe them in their vocation: for the which first it shalbe expedient that all the ministers gather them selues to gether one certayne day in the weke, to conserue and kepe the puritye & concorde of doctrine, to haue conference of the Scriptures, and that none exempte [Page] them selues wtoute a lawfull excuse: yf anye be negligent, that he be admonnished.
For those which preache in the villadges parteyning to the Seniorie, it is necessarie that the mynisters of the citie shal exhorte them to come as often as maye be: and moreouer if they be lacking one moneth together, the same to be estemed to greate a negligence, excepte it be by sicknes or other lawfull let.
And if there happen to spring anye difference in doctrine, ye ministers shal treate of it together to heare the matter. After, yf that nede shall require, they shal cal ye elders or cōmissioners appointed by the Seniorie to helpe to appease the contention. Finallye, yf they cannot come to anye amyable concorde, by the obstinacye of anye of the partyes, let the cause be referred to ye magistrates, to set order therin.
For the auoiding of slaunderouse offences of lyuing, it shalbe nedefull that there be a forme of correction vpon the mynisters as shalbe declared here after, to the which al they withoute [Page 5] exception shall submytte them selues: which shalbe also the meanes to cōserue the ministerie in reuerēce, and that the worde of god be not by ye euyll reporte of the mynisters dishonored or dispised. For as correctiō is to be done vpon him which hath fayled, so it shall be nedefull to reproue the slaunders and false reportes whyche maye be iniustly made against Innocentes.
But first it is to be noted yt there be crimes which vtterly be intollerable in a mynister, and also there be vyces which some what may be borne with all, so that there be geuen brotherlye admonicions.
- Heresie.
- Scisme.
- Rebellion against the ecclesiastylcal order.
- Manifest blasphemye and punishable by ciuile peine,
- Simonie and al corruption of giftes.
- Brybes to ocupie ye place of an other.
- To forsake his churche withoute lawfull cause and iust calling.
- [Page] Falsehoode.
- Periurie.
- Whoredom.
- Thefte.
- Dronkennes.
- Fighting worthye to be punished by the lawes.
- Vsurye.
- Plaies or Games forbidden by ye lawes and which be offensiue.
- Dauncing and such disolutenesses.
- Crimes importing euill infamie.
- Crimes which deserue in another to be seperated from the churche.
- Strange maner of handling the scriptures, which may turne to offence.
- Curiositye to serch vaine questions.
- Setting forth of any doctrine or maner of doing not receued in ye churche.
- Negligence in studing, and principally in reding the holy scriptures.
- Negligence in reprouing their neighbours vices to flatter them.
- Negligence in doing all thinges belonging to their office.
- Scurrulitye.
- Lieng.
- Detraction.
- [Page 6] Dissolute in wordes,
- Reprochefull wordes.
- Rashnes.
- Euell deceites.
- Auarice and to muche nygardnes.
- Disordinate angrynesse.
- Chiding and scoldinge.
- Dissollutnesse vnsemely for a minister both in apparell and gesture, and other fashions of lyuing.
Concerning Crimes they ought in no case to be borne with, if they be ciuyll Crimes, that is to saye, yf they oughte to be punished by the lawes. And if any of the mynisters doe faile, then the Seniorye oughte to put to their handes, and ouer and besides the ordinarie punyshement with whiche they be accustumed to punishe other offēders, to take him, punishe him, & depose him, from his office.
As touchinge other crimes of the which the first inquisicion perteineth to the consistorie eccleciasticall, let the commissioners or elders with ye ministers take hede therto: and if any be conuicted let them make their reporte to the counsell with their aduise and [Page] Iudgement, so that ye last Iudgement for the correction be alwaies reserued to the Seniorie.
As concerning the offences whiche ought to be corrected by simple admonicions, let them therin procede according to ye order of oure sauiour christ, so that the cause maie be ended in the ecclesiasticall Iudgement.
To mainteine this discipline in his estate, euery thre monethes let the ministers specially enquiere yf there be any thing to be talked of amōge them selues, and remedye it accordinge to reason.
❧Of the number▪ place and, tyme of the Sermons.
VPon the Sondayes there shalbe mornīg sermons at the churches of sainct Peter and S. Gerueis, also at y• houre accustumed, sermons throughe all the perishes.
At noone the catechisme, that is to say instructions for the smale childrē, in thre churches, and at three of the clocke lykewyse Sermons in all the churches.
Vpon the weeke daies ouer and beside [Page 7] a sermō ī euery perishe, also ther shalbe sermons at ye heade churches Mondaye, Wedinsdaye, and Fridaie at fower of the clocke in the mornīg. so that the sermon maye be ended a good space before the ordinarie sermō be begon.
If there be made any extraordinary praier in tyme of necessitie, that the order for the Sondaye be obserued.
To beare these and other burdens of the ministerie, it shalbe nedefull to haue v. ministers and iii. conductours which shall also be ministers, to ayde and helpe according as nede shall require.
❧Here foloweth the seconde order whiche we call doctours.
THe proper office of doctours is to teache the faithefull with sounde doctrine, to the ende that the puritye of ye gospell be not corrupted by ignorance or wicked opinions: neuertheles according as thinges be dysposed in these dayes, we doe comprehende them vnder this title, to be aides and Instrumentes to conserue ye doctrine of god, so that the churche be not [Page] desolate for fault of pastors and mynisters, but to vse a worde more intelligible, we shall call them the order of scholers.
The next degree vnto the mynisters and next conioyned to the gouernement of the church, is reding of diuinitie: which reding shalbe oute of the newe or olde testament.
But because they cannot profytt in suche lessons excepte they be firste instructed in the tonges and humayne scyences, also it is nedeful to raise vp sede for the time to come, to the ende that the churche be not lefte destitute to oure children, therfore it is nedful to erecte A colledge to enstructe children, to prepare them aswel to ye mynisterye as to cyuill gouernement.
For the first there must be a place assigned aswell for the lectures as for the teaching of children and others which will proffyt in learning, also to haue a man learned and expert for to dyspose aswell the house as the lectours, which can him selfe teach & instructe others: and that there be vnder his charge readers as wel ī tongs [Page 8] as in Logicke yf it may be: also for bachelars to teache yonge children, ye which we wyll and ordaine to be don: and that all those which be there shal be subiectes to the ecclesyastycall discipline, as well as the ministers.
That there be no other schole in the towne for children, but we will that there be a schole a parte for mayden children, as hath ben accustumed.
That none shalbe receyued into this office excepte he be approued by the mynisters, and fyrste let hym be knowen to the Seniors, and then againe be presented to ye coūsell wyth his wytnesses, for feare of inconueniences. And alwayes examinacions oughte to be made before two of the Seniors.
Here foloweth the thirde order, whych be elders otherwyse called commissyoners or deputes for the Seniors in the consistorie.
THeir office is to take hede and to watche of the demeanour and be hauour of all and euery of ye people, to admonishe louīgly those which they see fall or leade a dissolute lyfe, [Page] or yf it be nedeful to make ye reporte, or to doe brotherly correctiō, and that shalbe commonly done by ye company that shalbe therto appointed.
For the disposytion and gouernement of this church, it shalbe good to chuse two of the smale coūcel, fowre of the councell of the three score, and syxe of the councell of the two hundred men of honestie and of good life, withoute reprofe, and voyde of all suspection, and aboue all hauing ye feare of god, learning, and spirituall wysedome: and so they ought alwayes to be chosen that there be of them in euery quarter of the towne, that their eyes maye be ouer all that is ordeined or done.
Likewise we haue determined that the maner of the election be on thys wise: that the smale councel shall deliberate to name the most mete that cā be founde, and the moste sufficient, and so to doe, it is necessarye to call the mynisters to communicate with them, and after to presēt them which they haue named to the councel of the two hundred: which approuing them [Page 9] if they be founde worthy, a perticuler othe to be made in forme folowing.
The forme of the othe.
I Promyse and sweare folowing the charge that is geuen to me, to hinder all Idolatries, blasphemies, dissolutions and other thinges against the honour of god and the reformacion of the gospel, and to admonishe those to whom it apperteineth as occasion shalbe geuen me.
Item, when I shall knowe anye thinges worthy to be brought before the consistorie, that I shal doe my duty faithfully without fauour or hate, onely to that ende that the towne be maynteyned in good order and in the feare of god.
Item as touching all thinges concerning the office to be discharged wt a good conscyence, to obserue the ordynaunces which be decreed by the smale, great, and generall councell of Geneua.
IN the ende of the yere after they haue chosen ye coūcel, these mē shal be presēted to ye Seniorie to knowe if they be worthy to continue in their [Page] office or to be chaūged for as much as it is not expedient that they be chaū ged withoute a cause.
❧The fourth order of the ecclesiasticall gouernement called deacons.
THere hath ben alwayes two sō drye kindes or sortes of officers in the auncient churche, ye one were deputes to receyue, to delyuer, and conserue the goods of the poore, as well dayly Almeses, as possessions Stipends, and pensions.
The other to fede and ouersee the sicke, and to minister the portion of ye poore. The which custume we doe obserue yet to this present, for we haue procuratours and maisters of the hospitall: and to auoyde confusion, one of the procurators of the hospitall shalbe receyuer of al the goods of ye same, the which shal haue sufficient wages the better to execute his office.
Also the number of the fower procuratours shall continue as hath ben sayd. Wherof one to haue the charge to the ende that the prouisions maye be the better made in tyme conuenyent.
[Page 10] Also that those which doe shewe any charitie vpon the poore, be the more asserteyned that the goods shalbe no otherwyse employed but according to their intention: and if the reuenues or gyftes be not suffycient and that there happen any extraordinarie necessitie, then the Seniorie shall determine to furnishe according as necessitie shall requyre.
Concerning the election of the procuratours and maisters of hospitalles, it shalbe lyke ye order of the elders or commissyoners in the consistorye: and in chosing them to folowe ye rule of Saincte Paule touchinge deacons in the fyrst to Tymothie the thyrde chapter, & to Titus the fyrst chapter.
Touching the office and aucthoritie of procuratours, we shall kepe ye articles whiche be all redye by vs ordeyned but specially in things vrgent & where there shalbe daunger to differre the tyme, but when there is no great dyfficultie nor matters of great charge, that then they be not constrained to assemble daylye, but that one or two may ordayne in the absence of [Page] the other that which shalbe reasonable.
Item it shalbe necessarye to take diligent heede that the common hospitall be well preserued and meete to receyue the sicke, also for aged persons which cannot worke, men or womē, for wydowes, children, orf [...]lyns, and the poore, alwayes ye sicke to be kepte and seperated a part in a seuerall lodging from the other.
Item y• Almeses for ye poore which be dystributed throughoute ye towne, shalbe brought to the hospitall according as the procuratours shall determyne.
Item that besides the hospital it is necessarye that straungers and waye faring men be relyeued, and holpē: & that therebe an hospitall aparte for them as shalbe conuenient, and according to the especially order and rule of charitye, and therefore we ordeyne & determine that there shalbe chambers appointed to receyue suche as shalbe directed thether by the procuratours, and that suche shalbe receyued accordingly.
[Page 11] Item aboue all this it be remembred, that the famylies of the hospitallours be honestly gouerned according to the rule of gods worde, consideryng that they haue ye gouernaūce of the house of god.
Also that the ministers and ye commissyoners or elders wyth one of the Sendiques shall of their parte be diligent to enquire if in the aforesayde administracion for the poore, there be anye lacke or necessitie, to the ende to desire and admonishe the Seniorie to set order, & so to doe that euery thre monethes some of their cōpagnions with the procuratours shall make visitacion in ye hospital to knowe if al things be well ruled.
It is necessarye both for the poore of the hospital and other of the towne whiche haue not wherwyth to helpe them selues, that there be a Phisision and a surgian meete for ye same, mainteyned by the wages of the towne, yet neuertheles they maye practyse throughe the towne, and notwtstanding to be bounde to haue care ouer ye hospital, and to viset other that haue [Page] neede.
Concerninge the pestilence in the hospitall, ye suche be seperated a part, and principally if it happen that the towne be scourged of god by any such rod. Moreouer to eschue begging in ye towne which is contrary to all good pollicye, it is necessarye and also we doe ordeine that the Seniori shall appoynte certeyne of theyr officers at theyr comminge oute of the churches from the sermons, to take away and auoide from the place before the same churches, those that be loyterors or those that be dissemblers & obstinate beggers, and that they be brought before one of the lordes Sendiques, and lykewyse at all other tymes that the dysenars be dyligent and take hede ye this lawe for beggers be well obserued and kepte.They vse but one suertye be it man or woman childe be side the father being present.
❧Of sacramentes.
THat baptisme be not mynistered but incontinent after the sermon and onely mynistred by the ministers or coadiutours: and that they doe register the names of the children wt their parents: and if their be founde [Page 12] anye basterde, the iustice to be aduertised therof, and therin to procede according to reason.
Item that no straunger be receiued as godfather, but those that be faithfull people and of [...]ure communion, consydering that others be not meete to make promyse vnto the churche to instructe the infantes as it is requyred.
Of the supper.
FOr as muche as the supper hath bene instituted by our Sauiour Iesus Christ to be frequented and vsed and also it hath bene obserued in the primatiue christen churche, vntyl suche time as the deuill turned al vpsyde downe, setting vp ye Masse in sted therof whiche faulte ought to be corrected, and also the rare celebratinge therof we haue determyned and ordeined yt it shalbe ministred fower times in the yere that is to saye. At Christmas, Easter, Penticoste, and the first Sondaye in the monethe of September.
Item that the mynisters distribute the breade in good order wt reuerence [Page] and that none other geue the cuppe but onely the Commissioners or Deacons with the mynisters: and for this cause that there be no great number of cuppes and vessells.
Item that the table be nere vnto ye pulpytt, to the ende that the minister maye more commodiously and playnly declare the vse therof nere vnto the table.
Item that it be not celebrated but in the churche, excepte it be in greate necessytie.
Item that the Sondaye before the celebracion of the sayd supper, there be declaration made, to the ende that no chylde come before he haue made profession of his faythe, according as shalbe declared in ye Catechisme, and also to exhorte all straungers & newe commers, to come fyrste and present them selues vnto the churche, to be instructed yf nede shalbe, and consequently that none approcheto his cō dempnacion.the banes must be pronoū ced [...] sondaies solemnely.
❧Of Mariage.
AFter the declaration of the banes accustomed, the Mariages to be [Page 13] made when the party shall require it, as well on the sondaye as working dayes, so that it be done at the beginning of the sermon.
And as concerning the abstynence of the same, it shalbe good that onely vpon the day of the celebration of the supper, they absteyne for the honour of the same sacrament.
Item it shalbe good to bring in and vse ecclesiasticall songes or psalmes, ye better to stirre ye people vnto praier and praise god.
Item first they shall teache their litle children, and so in the proces of time all the church may folowe.
Touching debate in causes matrimonialls, for that it is not onelye a spirituall cause, but medled with the ciuile order, the same to remayne to the Seniorie: neuertheles we are determyned to leaue to the consistorye the charge to heare the partyes, and so to make reporte of ther aduyse vnto the counsell, therin to geue Iudgement, so that good ordinances may be from henceforthe made and folowed accordingly.
Of burying.
ITem that they doe burie honestly the deade in the place appointed. And as concerning ye traine or company, we leaue it to ye discressiō of euery one.
Item we haue moreouer ordeyned and determyned that the porters appoynted to bury, eshalbe sworne vnto the Seniorye to put awaye all supersticions that are contrary to ye worde of god, & not beare them by nighte, and also if anye be deade sodeinly, to make reporte therof, to the ende to auoide al inconueniencyes which may folowe therof.
Item that after their death not to beare them to theyr burying before twelue howers, nor to kepe them aboue fower and twenty howers.
Of the visitacyon of the sicke.
BEcause that many be negligent to comforte them selues in god by his worde when they be in extremity of sickenes, wherof it happeneth oftē tymes that many dye without admonicion or doctrine, the whiche at that tyme is most nedefull of all times, for [Page 14] this cause we haue ordeyned and determyned that none shall tarye three dayes in their bedde or [...]icke, but that it be made knowen to the mynisters, and that euery one shalbe aduertised to call ye mynisters, whensoeuer they wyl haue them at a cōuenient houer, they not to with drawe them selues frō their office in ye whiche they serue in common to the churche: and to put awaye all excuses, we haue determined that the same shalbe published, & moreouer to be geuen commaundement by proclamacion yt the parents frendes and kepers shal not tarie vntyll the person be redye to yelde vp ye spirite, for in such extremitie the consolacion serueth to smale purpose for the most part.
The order which ought to be kept for litell children.
THat all cytezens and inhabitauntes shall bring or sende their children on the sondaye at twelue of the clocke, to the Cathechisme, which hath bene spoken of here before.
Item there shalbe a certaine forme or maner composed in the which they [Page] shalbe instructed, and they shalbe demanded and apposed in the same doctryne whyche they haue before learned, to see if they haue wel vnderstanded and kept it.
When a childe shalbe sufficiently instructed and haue passed his cathechisme, then he shall recite solempnely the sūme of that whyche is therin conteyned, and also shall make as it weare a confession of his christianity in the presence of the churche.
Item before this be done, that no childe be suffered to receyue the supper of the lorde, and that the parents be aduertysed not to brynge them before that time: for it is a thinge most perelous as well for the chyldren as the parents, to enter into it withoute good and sufficient instruction, for yt which it is necessari to vse this order.
To ye ende that there be no defaute, it is ordeined that the children which goe to schole shall come to gether before none, & yt the maisters doe bryng them in good order in euery paryshe.
The others, that their parents doe bringe or send them.
[Page 15] And to the ende to auoyde all confusyon, they shall obserue as much as may be, the distinctiō of the parishes in ye case as hath ben said before of ye sacramēts.
Item that those whyche shalbe by force constrayned to come, shalbe called before the Seniors, elders, or cō myssioners, and yf they wyll not be persuaded by good counsell, ye reporte shalbe made to the Seniorye. Also to take hede to suche whether they doe their duety or not, and that the commyssioners haue an eye vnto them to take order accordingly.
Of the visitacion of the prisoners.
MOreouer we haue ordeyned a certeyne day in the weeke, in the whyche shalbe made certeyne consolacions to the prisoners, for to admonishe and exhorte them: & that there be one of the Seniors of ye counsell deputed to be there assistent, to the ende there be no fraude committed, and if there be anye appointed to dye by the determynacion of the coū sell, it shalbe necessarye to call some certayne mynyster to comforte the [Page] person, as nede shall require, for whē they tarye vntyll suche tyme as they leade them to the death, they be often tymes so occupied with horrour, that they be not apte to receyue or vnderstand anye consolacion, and this daye is ordeined the satterday after diner.
❧Of the order which ought to be kepte towardes the growen persons for to obserue good order in the churche.
THe commissyoners aforesayd shall gather them selues together once a weeke with the mynisters, whiche shalbe on the thursdaye, to see if there be any disorder in the churche, and to talke together for the remedye therof whē & how as shalbe most couenient.
Because they haue no auctoritie or Iurisdiction to compell or to constrayne anie, we haue aduised to geue them one of oure offycers to call any of those persons before theim vnto whom they wyll geue admonycion. If anye by contempte refuse to appeare, theyr offyce shalbe to aduertise the counsell therof, to the ende to geue order therin.
❧Here foloweth the persons whom the elders or commyssyoners oughte to admonyshe, and howe they oughte to procede.
IF there be anye whych teacheth straūge or false opinions agaynst ye doctrine receyued, that he be called to conferre with them. And if he be cō formable they shall suffer hym to departe withoute defame or slaunder, & if he be obstinate, yet they shall admonyshe him certayne tymes vntill they see that greter seueriite be nedefull: and then to forbid him the communiō letting it be knowen to ye magistrate.
If anie be negligent in comming to churche, so that there be perceyued in him a notable contempte of the communion of the faithful, or if ani shewe hym selfe a contemner of the order ecclesiasticall, that they admonishe him. And yf he render him selfe obedient, yt they sende him awaye gently. But yf he doe perseuer from euell to worse, after they haue aduertysed hym three tymes, that then they shal seperate him from the churche and declare him to the Seniorye.
[Page] As concerning the lyues & the correction of their faultes whyche shall happen, it is necessarye to procede accordinge to the order whyche Christ commaunded.
That is to saye for secreate fautes they shall reproue secreatly. Also that none bring his neighbour before the churche for to accuse him of any faute the which is not notoriouse or slaunderouse, excepte he fynde hym stubborne and contempteouse.
Moreouer those yt be contempners of particuler admonytyons of their neyghbours, shalbe warned by the churche, and if they wyll in no waies come to reformaciō nor acknowledge their faute when they shalbe conuinced, that then they commaunde them to absteyne from the communion vntill the time they be better disposed.
As concerning notorious and publicke offences, the churche may in no case wincke at thē or passe them ouer, but if they be fautes whiche deserue onely admonityon, the office of the Commyssyoners or elders shalbe to call them before them wc be culpable, [Page 17] exhortinge them amiablie that they may amende: and if they see amendement, no further to moleste them, but if they perseuer further in their euel, againe to be admonished: & at length if they profyte not, then to denounce them as contempners of god, and so to absteyne from the communion vntyll they see in them a change of lyfe.
As concerning crimes whiche deserue not onelye declaracion and aduertisemēt by wordes but correction with chastisement: yf anye be faulen, according as ye case shall require, they shall denounce that he absteyne from the communion for a certayne tyme, humbling him selfe before god, & better to knowe his faulte.
If anye by contumacye or rebellion wil presume or preace in contrarie to that is commaunded, and for bydden him, the office of ye mynister shalbe to put him backe, for it is not lawfull to receyue such a one to the communion: and neuertheles that it be so moderated that there appeare no rigoure, by the which any person shulde be greued or offended, namely suche [Page] corrections be but medicines to bring the sinners vnto god.
Item that all this be done in suche sorte that the mynisters take not vpon them anye Ciuil Iurisdiction, and that this consistorie be in no case any derogaciō to the auctoritie of the Seniorie, nor to ordinarye Iustice: but yt the Ciuill power continue in his full efficacye, and namely where it shalbe nede of punishement or compulciō of the parties, but the ministers wyth ye consistorie hauing hearde the parties and declared with suche admonitiōs, as shalbe nedeful, then to iudge therī according to ye weightinesse of ye case.
Item that this pollicye be not onelie for ye towne, but also for ye villages perteyning to the Seniorie.
❧Order for the visitacion of the mynisters and paryshes parteyning to Geneua
FYrst of all to conserue vnitie & good pollicye especially in doctrine throughe the whole body of the churche of Geneua, aswel in the towne as ye villages belonging therto, the magistrates shall chose two of [Page 18] the councell, and likewise the ministers shall chose two of the congregacion, which shall haue the charge to goe and enquire in euery parishe once in the yere if ye minister haue set forth anye newe doctrine repugnant to the puritye of the gospell.
Secondlye they shall enquire if the minister hath preached to edificacion, or if he vse anie slaunderouse maner of liuing, if he be not able to teache ye people, or if he be obscure, or vse superfluoꝰ questions, or be ouer rigorouse in life and doctrine.
Thirdly to exhorte the people to haunte the sermons diligentlye, to heare them, and doe there after, and lyue christianly also to declare what is the office of a minister, that he may be instructed the better to serue.
Fourthly to knowe if the minister be dilligent both to preache and visite the sicke, and to minister perticulerly to those which haue nede, and to staye that nothing be done cōtrarie to gods glorye: also if he leade an honest lyfe shewing it by his good example, if he vse anye dyssolutnesse or lyghtnes [Page] either in him self or in his housholde, if he be disdainful or agree well with his paryshners.
¶The maner of the visitacion.
THat the minister beinge appointed to thys offyce after he hath preached and admonished the people as is aforesaide, shall enquire of ye wardes and procurators of ye paryshe both concerning the doctrine, and life of the minister, and likewise concerning his diligence and maner of teaching, desiring them in the name of god not to suffer nor dissemble anye thinge which may hinder the honour of god, the aduancement of his worde, or the welth of the commons.
Item according as he hath founde, yt he make reporte to ye cōgregaciō, to the ende that yf there be anye faute which deserueth no greater correction then by wordes, he shalbe admonished according to the custume.
Item if he haue offended more greuously then ought to be suffered, let them procede according to the forme of ye articls afore mēsioned, yt is to say, the foresaid fower deputes shal make [Page 16] the reporte vnto the Seniorie, therin to procede according to reason.
Item visitacion shall not importe anye determinacion of causes or kind of Iurisdiction, but shalbe onely a remedie to auoyde all offences. And aboue all, ye ministers shal not swarue from their duety nor be corrupted.
Item this shall in no case be anye let to the course of Ciuill Iustice, nor to exempt the ministers from ye common subiection: but yt they aunswere in cyuyll causes as others doe before the ordynarye Iustyce. And also for crimes not to spare them but to punyshe them when they haue offended and in sume, that their state may cō tynue as it is at this present.
This hath ben the order in the primitiue church in ye time of ye Apostles, and at thys daye is obserued in the churches well reformed, according to the pure doctrine of the gospell.
❧Ordinances concerning election of offices and officers, and first of the election of the lordes Sendicques.
EVery yere the tewsdaye before the sondaye after candlemas daye, the [Page] counsell shalbe holden expressely to chose the Sendicques: and before they begyn, the first Sendicque shal make some good exhortacion, exhorting thē to chose men of good conscience, regarding ye honour of god, louīg equetie and truth, and the profyte of the towne, mē of a good life & good name.
Moreouer they shall make theyr praiers vnto god,They begin with praier in al their election & counsells. and after that euery counsellour shalbe sworne to chose those which they shal thīke to be most meete & sufficient in forme folowing.
¶The othe of the smale counsell.
WE promise and swere before god betwene the handes of the Seniory, to chose and name into the office of Sendiques, those which we knowe to be meete and sufficient, for the maintenance of the honour of god and the christiā religiō, in this towne to guide & gouerne the people in good order and pollicye, to conserue the liberties of the towne, and in chosinge them we shall haue oure respecte to ye publicke welth, and not to particuler affectiōs, neither for fauour nor hate, as god is oure wytnes of thys promyse, [Page 20] and shalbe Iudge therin yf we doe the contrarye.
After that done, euery one by order shall name foure cittezens before the Sendiques, and ye Secretaires shalbe there present to wryte those that shalbe named.
The frydaye folowinge they shall holde the counsell of the two hūdred, and after exhortaciō & praier made, the forme of their othe shalbe recyted all presently holding vp their hands.
Also they shal declare eight of those whych haue bene named in the election of the smale counsell, that is to saye those which had the most voices, and vpon the same let them make the election of eyghte, or of the number which haue bene proposed, or of other if it shall seme good, nameli that they be all citezens, in suche maner that ye election of the smale counsell, be as an aduertisment withoute preiudice to the libertie of the two hundred.
The sondaye folowing the generall counsell shalbe assembled, & there they shall pronounce vnto the people the election made by the two hundred [Page] so that oute of eight which shalbe presented to the people, they shall chose foure, if so be yt they shal like thē: but alwayes when it shall seme good vnto them they shall haue lybertie to refuse as well all as any party.
And yf it happen that oute of that present nūber their shall not be foūde foure whom the people shall like, that is to saye by the moste voices, yt then they procede to a newe election, for the number which hath bene refused: first by the smale counsell, and afterwarde by the two hundred, so that none be receyued but suche as shalbe approued by the people.
Item this order shalbe obserued to take two to ye lower parte of ye towne and two of the vpper.
This election made and confyrmed by the people, the foure newe elected shall come into the towne house to make their othe betwine the hands of the foure aūcientes, & so be put in possession of their office.
¶The forme of their othe.
VVE promyse and swere to acquite vs faythefully in the duetye of [Page 21] oure offyce, and fyrste to maynteyne and defende as muche as in vs lyeth the lybertyes and ryghtes of the towne, well and trulye to minister y• which we shall haue in oure handes, to execute good and right Iustice, rendring to euery man that whiche shall apperteine to him, susteyning ye good and punyshinge the euill, wythoute fauour or hate, moreouer we promise to doe and obserue that which is conteined in the office of the counsellors, god bearing vs witnes in al ye same to punnyshe vs yf we doe the contrarye.
Touchinge the place for to knowe who shalbe the first or second, if those which they chose haue bene before in the office, let them see who hath ben the fyrste, and let hym goe before the other, and so euery one consequently and after his order.
If they haue taken anye whyche haue not bene before in offyce, then to see howe they were in the counsell before the other, and accordynge to their aūcienty they shalbe placed: by the counsel, we vnderstand as well y• [Page] threasorers and secretaries as coū sellers, and he which hath ended his yere shall not be chosen vntyl he haue rested three yere.
If it happen that anye of the Sendicques die during his office, and that there reste yet foure monethe of hys tyme, let there be another chosen as sone as maye be: but yf the tyme be shorter, to let the yere passe withoute substituting of any other.
¶The election of the petye or smale counsell.
THe mondaie folowing, the fower newe elected Sendiques with the olde, and the threasorer, shall assemble together with the two hundred, and after they haue made exhortacion and praier, and the othe, they shall recite the rowle of the yere past: and whom they wil haue to continue in their office: the other to be put of. Neuertheles ye fower auncient Sendiques shall continue withoute controuersye, excepte they haue committed faultes worthy of reprehension in the time of their gouernement.
If that anye be put of by the moste voices, there shalbe no other put in [Page 22] their places sodenly, but the smale counsell whyche shalbe chosen, shall name in number double, yt is to say two for one, to take which shall seme good to thē, or to chose by their iudgemēt, as hath ben said of ye Sēdicques.
If it happen that anye counsellour dye, there shall none succede hym in place vntyll the next yere, excepte it be by pestilence, or by other inconueniences, yt ye nūber be so sore diminished yt the coūsell shalbe vnfurnished.
The election done, all shall come and make their othe before they set downe, principallye the newe elected as the other hath done before.
¶The forme of their othe.
VVE promise and sweare faythfully to applie and to doe all y• perteyneth to oure office, and firste of al to doe oure diligence to conserue and maintayne the welth honour and profite of the towne, and to come together as often and as many tymes as nede shalbe, to giue good and faithfull counsell touchynge that whyche shalbe required of vs.
Item to aduertise those to whom it shall aperteine, of al yt we shal thinke [Page] to be to the profyte of the towne.
Item to kepe secret all that which hath bene sayd and determined in the counsell, excepte it be a publike matter which ought to be published.
Item in no case to be preiudiciouse vnto the honour or profite of ye towne for fauoure, or amytie, or hate, or any other carnall consyderacyon, whatsoeuer it be.
Item not to be moued with bribes or anye suche practyse whatsoeuer it be, from Iustice, or rightly to doe our duetie, but contrarily to breake & let with al oure power such enterprises.
Item not to take presents or bribes for fauour of anye, in that which concerneth oure office, nor in generall, all that maye be presented vnto vs in the respecte of oure estate, for to make vs decline frō the fidelitie whiche we owe to ye towne, & the right which we be bounde to render to all.
Item in al causes yt which we shalbe required of, to pronounce with all right & equitie that which shall seme good vnto vs, wtoute fraud or hate to ani of ye parties, & aboue al to procure [Page 23] that the christian religion be puerlye obserued, and god honoured & serued as well in the towne as in y• teritoris of the same, god being witnes vnto vs in al these promises to be Iudge therin if we doe the contrarie.
Touching the appointement of all their places, y• foure aūcient Sendicques shalbe the first, and so orderly ye other according to ye time y• they haue bene counsellers, or in higher offices.
The election of the Treasorer.
ITem from thre yere, to thre yere, he shalbe chosen with the Sendicques in like order and fassion, moreouer when he shalbe chosen that he make like othe wt ye counsellers, adioyning therto this promise: to minister faithfully to the profyte of the towne, the common monye which shalbe delyuered into his handes, and in general to procure for the common welth as his owne proper, as wel in recouering as in keping and distributing.
¶The election of the Secretaries.
ITem their shalbe two Secreataries the one superior & the other inferior, whose office shalbe [Page] for no prefixed terme, but euery yere when the Sendicques shalbe elected, the counsell shal consider if it be good that thei continue in their office. And if it shall seme good vnto them vpon good consyderacion, to put them of, y• then they place other in their steade, referringe it alwayes to the Iudgement of the two hundred, the whiche maye doe as semeth good vnto them: & that there be ouerseing or suruieng euery yere ouer this office, to make election whan nede shall require.
The forme of their othe.
WE promyse and swere to put in writing faithfully and diligently al that shalbe nedeful as oure office shal require, and also to trauail that by oure defaulte or negligence there come no damage neyther to the towne nor to the people.
Item not to reueale anye of ye Seacreates of ye counsel, nor declare them to any person excepte it be by ye ordynarie cōmaundement of the counsell.
Item to make expedicion in al that shalbe committed to oure charge, as well for the towne as for priuate parties, [Page 24] and in generall to obserue with a good conscience al y• apperteineth to the duety of oure offices.
¶Of the counsell of the two hundred.
ITem the smale counsell shal the next day after ye election, peruse the roule of the yere past, to the ende to chose the counsell of thre score and consequently the two hundred, continuinge those whiche they shall thinke to be mete, putting of those which shall seme good to be put of, placing other in their steade, to fulfill the number: moreouer to commaunde to swere or renewe their othe, y• forme therof shalbe the same which they of the smale councell doe make.
¶For the auditours of the accomptes.
ITem that euery yere the pety coū sel shal chose foure, wherof one shalbe one of the Sendicques for to cō tynue (if it shal seme good vnto them) of those whiche were the yere before, or others: & that done they shall make their reporte to the counsell of ye two hundred, the which haue suche lybertie to ratifie them or put them of as hath bene saide.
¶The forme of their othe.
VVE promyse and swere to doe in oure office that which apperteineth to good and faithful procurers of the publyke welthe, and to haue such care therof as of oure owne propre famylye.
And principally in hearing the accomptes which shalbe made vnto vs, neither to ouer passe nor alowe anye thinge, but that which semeth vnto vs iust and reasonable.
Item to conserue and kepe all the rightes and priuileges of the towne well and faithfully▪ bringing all into good order as shalbe nedefull.
Item if their be anye thinge amisse or oute of the waie, to make good and diligent inquisision to brynge agayne and recouer it.
Item that all which shalbe perteyninge to the towne be it rent, prest, fines, confiscation, or other thinges whatsoeuer they be, to make good & diligent inquisition and pursute wt oute respecte of person.
Finally to doe oure diligence that nothinge perishe or be alienated in [Page 25] maner of wyse by oure faulte negligence or dissymulacion.
❧For the Controuler, the maister of the monye, the keper of the towne house called the Saoulter and the maister of the ordinance.
Item that euery three yere after the counsel is chosen, the petie counsel shall chose these officers alwayes vpō this condicion y• y• election shalbe referred to the two hundred, to be ratified by them: and yf they doe not approue them, the petye counsell shall chose newe, neuertheles the olde may continue if they shal see it good.
Touching the forme of their othe it shalbe sufficient that it be general, to procure the welthe and honour of ye towne as muche as lyeth in their power, and with all paine and diligence wtout fraude or gile to exercyse their office, as wel towardes euery perticular man as y• whole publicke state.
❧For the procurer generall.
ITem that this shalbe a yerely office for as muche as it shalbe lawefull to continue him which hath serued [Page] if it shall seme good, & namely it shalbe most expedient yf he be a mā meete and one that serueth in his office diligently, moreouer the maner of his electyon shalbe lyke vnto the laste aboue sayde.
Item being chosen he shalbe sworne betwene the handes of the Seniorye as foloweth.
❧The forme of his othe.
I Promyse and swere to maynteyne and defende with all my power the honour and profite of ye commons, & diligently to watche for the conseruacion of the rightes of the citie, as if they were myne owne proper: and to pursue those to whom it shall apperteine, & likewise to recouer withoute supporting y• one or greuing y• other.
Item to haue an eye that no perticuler person doe encroche vppon the cōmunaltie, & if ani happen so do doe, to reueale him or pursue him according as mine office importeth.
Item to make no bargain couenaūt or agrement in anye wyse for to dyminyshe the profyte of the towne, nor to receyue presentes nor bribes, for to [Page 26] dissemble, nor to holde my peace whē my dutie shalbe to speake.
❧For the captayne generall
THis shalbe an office perpetual, yet neuertheles there shalbe a diligent vew had euery three yere, to prouide for ye towne a newe, yf he whyche is therin be faulen into age, or longe sickenes, or other wyse occupied that he cannot tende to hys office: and the election to be by ye coū sell and also approued by the two hū dred as is afore sayde.
¶For the perticuler captaines.
THis shalbe an office for terme of lyfe, and in euery quarter of the towne he shall chose his perticuler captaine in the presence of the captayne generall, and two of the counsell deputed for the same, and after ye election shallbe reported to the counsell, whyche shall haue auctoritie is ratifye hym.
¶For the banderettes.
ITem ye banderettes general shalbe elected as the captayne and in suche sorte. Touching the other banderettes [Page] they shallbe chosen as the perticuler captaynes, excepte in steade of two counsellours it shalbe sufficient that the captayne of the quarter be ther wyth their dizoners.
¶Of their lieutenantes.
EVery one maye chose him his lieutenant so that it be by the consent of all their bandes in generall, excepte in the time of daunger this shal not be done withoute the knowledge and expresse permyssyon of y• coūsell.
¶Of the dizeners.
ITem the petye counsell hathe full power to chose them, and to contynue them so longe as they doe their duetie, or other wyse to dispose them.
All shalbe sworne betwene y• hands of the Sendicques in this forme, and to renewe it in time of necessitye.
¶The forme of the othe.
I Promyse & swere to endeuoure my selfe faythefully for the defence of the towne, & in no case to forsake it in the time of necessity.
Item to be continually readie and prest to beare armes against the enemies, [Page 27] whensoeuer I shalbe appointed by my superiors.
Item to maintaine and kepe peace and tranquilitie amōge the burge [...]es and habitantes of the towne: and to staye and let with al my power al sedicion, strife, fighting, or chiding.
Item to make no euell conspiracie or enterprise, but the contrarie, resisting all those which doe it, and to reueale them to my superiours.
Item to stope all dyssolucyons and outrages, and in generall all whiche shalbe contrarye to the order and pollicie of the towne.
❧For the geolyer or Souldan.
THis offyce shalbe for no certeyne tyme, neuertheles it shalbe ouerseen and vewed euery thre yere, to see if he doe well his duetye: the election shalbe by the counsell, the confirmacion by ye two hūdred, as is aforesaid.
¶The forme of the othe which they vse shalbe thus.
I Promise and sweare to kepe faithfully all that which shalbe committed to me, and to render accompte therof withoute fraude.
[Page] Item to kepe euery prisoner commytted to my charge chayned or at large, as shalbe commaunded me.
Item in such cases as shalbe forbidden and not permitted that anye doe speake wt a prisoner, I shall take such diligent hede that none come at them to talke with them.
Item not to permit the prisoners to vse any bancketts, outrages, plaieng, dissollutnesse, gamyng, or suche other vnmete things.
Item not to exacte or take aboue y• which shalbe due according to ye taxe.
¶For the Saoultier.
THis shalbe an office perpetual,he holdeth the bible open before the iudges at the time of Iudgement. if he which be once chosen doe truly discharge his office, neuertheles he shalbe ouersen euery thre yere, to see if he be meete or conuenient to contynue or be deposed.
Item this election shalbe made by the petie counsell, and confirmed by y• two hundred.
¶For the heroldes.
THis shalbe an office likewise perpetuall as of the Saoultier, the one shalbe a horse man, the other [Page 28] a foote man, the election shalbe as is aforesayde.
¶The waiters or officers for the counsell, and the lieutenant.
THis shalbe an office perpetuall excepte there happen anye notable faulte, also the petie counsell haue full power to make them or depose them if nede shalbe.
The number of the officers for the Citie shalbe fourtene, and for the lieutenant tower.
Touching their othe it shalbe sufficient besyde the othe of common burgeses, they shal promise to be diligent assisting at all times, readie to wayte vpon the commaundement of ye Sendicques and counsell, seruing them in their offyce.
Item to come incontinent whē they shalbe commaunded, to execute all yt shalbe geuen them in charge.
Item to beare themselues faithfully in all that apperteineth to their office withoute faulte or delaye, and to kepe secreate all that shalbe done and spoken in the counsell, and diligently [Page] to watche and kepe well the towne house, and all that is therin.
Item to make faithefull reporte of al messages or visitacions which shal be committed to them.
¶The gardes of the towers and the porters.
ITem this office shalbe perpetual so longe as they shall doe their duetie, the counsel shall ouer see them, and in theyr power to contynue or dyspose them.
Item it shall not be nedefull to set anye especiall forme of othe, for it requireth not but fidelitie and diligence to kepe the place, in the whiche they be constituted, which may be briefely done by wordes.
¶For the notaires.
THe power to make them or depose them, shalbe in the petie coū sell, neuertheles none shalbe receyued withoute the reporte and witnesse of the notaires of ye towne, concerning their sufficiencie, wisedome, and learning.
¶The forme of their othe.
I Promyse and sweare to receyue no acte nor Instrument which shalbe [Page 29] to ye dishonour or damage of y• towne, or against the pollicie of the same.
Item to couche faithefully and set downe by writing al such actes & Instruments as I shalbe required, withoute addinge or dymynishing to the puritie therof.
Item to deliuer to euery one al such rightes as apperteine to him, & shalbe in my hands.
Item not to Concele or kepe backe anye instruement to the preiudice of the one or fauour of the other, and also not to delyuer into the handes of ye partye contrarie, anye documents to defraud him which I ought to helpe: but to conserue and kepe faithefully all actes whiche shalbe committed to my charge.
Item to make expedicion to all mē of that which may serue them according to equitie and reason.
The counsel haue ful power to ordeine al these offices, to constitute & set in those which they will.
Nowe it is to be noted that to exercise these offices aforesayde, from the petye counsell vnto the Sendicques, [Page] and so downe ward vnto the Saoultier, it is required yt he be a cittezen.
Item to be the lieutenant or one of the assistance.
Item for al the Captaines & banderettes generall.
Item the Controuller, Auditour of the counsell, maister of the monye, procurer generall maister of thartilery, & geoler, it shalbe required that he be a citezen: for the rest it is sufficient if he be a Burges.
As concerning that which hath ben sayd of terme and space of time, it is to be vnderstande in this sorte, that if it happen any faulte worthy to be punished by deposicion it shall alwayes be lawfull to depose the offender as he hath deserued.
Moreouer the Burgeses or citezens which shall refuse to take the dignity of office or estate vnto the whiche he shalbe called or ordeyned by the Seniorie, and will in no case condissende and agree to take it, that he shal then be set to paye .xxv. Crownes for fine for hys contumacye, and constrayned [Page 30] to absent the towne for a yere excepte he haue a lawfull excuse wel knowen to the counsell.
¶The office charge and power of the lordes Sendicques.
THe foure Sendicques shalbe contynually resident in the towne, during y• yere of their Sendicate, not so muche as anye of them to departe oute of the towne, to lodge oute of ye towne, not for one night, excepte he let it be knowen to ye others: & that none of them doe enterprise any farre iourney, to be sixe or eighte daies absent, wythoute the leaue of the counsell.
Item that euery daye they shal gather thē selues to gether after dinner, yt is to saye at one of y• clocke, to consulte vpon that whiche shalbe to doe, and to put order their in, and also to put those thinges in execution which hath been concluded by the counsell.
Item vpon the ordinarie daies that the counsel is holden, the Sendicques shalbe the first in the towne house▪ as wel to shewe good enspāle vnto other as to deliberate together of those [Page] things which they will doe.
Item if anye thinge happen which requireth the assemblie of the coūsel, they shall gather them selues together to doe those thinges which shalbe nedefull.
Item in things which shal require their presence in dyuers places at one tyme, they shal deuyde them selues in suche sorte as eche of them maye be where it shalbe expedient.
Item if it happen any publike noise as fyre, tumulte, or other like, that ye firste Sendicque shall come incontynent into the towne house, and shall cōtinue there, waiting for the newes which shalbe brought him, to y• ende to assemble the counsell from hower to hower if nede shalbe, or otherwyse to dispose according as necessitie shal require: and that the other thre shall runne hastely vnto the place where ye dainger shalbe, and moreouer hauing seen the thing, two shall disseuer, one on the one syde of the towne and the other on the other syde, to visyte and kepe the streates, corners and ye gates if nede shalbe, and the thirde shal continue [Page 31] vpon the daūger, vntyll it shalbe apesed, or otherwise.
¶The office of the fyrste and chiefe Sendicques.
THat euery daye when there shalbe no counsell, he shall come into the towne house that is to say at the comming from the sermō, to se if there rest anye conclusion of the coū sell to execute, or heare those plaintifes which shall come.
Item that he receyue the letters y• shalbe addressed to the counsel, but he shall not open them but in ye presence of one of his felowes, or at y• lest two coūsellers: but if it be a matter of hast he shall cal his other compagnions to consulte at the hower, or otherwyse to tarie vntyll they shalbe assembled: and generally yt in al matters which are worthye to haue consultacion at the hower he shall assemble hys compagnyons.
Item on the dayes of ye counsell incontinent after the sermon, he shalbe in ye towne house to heare those which shall require audience.
Item at his cōmīg forth he shal make [Page] aunswere vpon those thinges that be hearde, and that ye same daye he shall prouide to put in executiō that which hath ben ordeined, if they be thinges which may be executed so redilie.
Item that he shal signe y• mariages before they be pronoūced in ye church, inquiring diligently yf the mariage maye be made accordinge to the ordinaunces of god.
Item y• he shal haue y• towne seale in his hāds, & the charge for to seale.
Item he shalbe president ouer ye second appellacions or supreame.
¶The office of the iii. other Sendicques.
ITem the one shall set in the consistorie, the other in the chamber of accomptes, and the thyrde ouer the first appellacions.
Item there shalbe one deputed or appointed to vilet the prisoners once a weeke, and this charge shalbe geuē him in the beginning of the yere by y• aduise of the counsell.
¶What some of them may doe.
ITem two maye signe the commaū dementes ordinarie, to make paiementes for the charges passed by [Page 32] the counsell.
Item to open y• letters y• be adressed to the counsel as is said.
¶That which one alone maye doe.
ITem that whatsoeuer complainte shal come, eche one of y• Sendicques hath full power to cōmaunde those to whom it apperteneth to be examined, and to examine them, and to imprison them if nede shalbe.
Item that al dissolutions, arrogansye, insolences, dronkennes, and such other lyke, euery one hath power to imprisō such, and after make reporte to ye counsel, but he hath no power to delyuer the prisonner before he hath made reporte.
¶Of matters Criminalls.
IF they take a Criminall or a malifactour, that within xxiiii. howers they shal commaūde the lieutenant to make him aūswere vpō those pointes of the which he shalbe accused.
Afterward he shalbe committed to the lieutenant, yf the case be that the matter may be easly proued, or namelye if he be alreadie proued, and that there be no difficulty, as of murther, [Page] thefte, or suche like, that incontinent they shall doe iustice, and at the most thei shal not kepe him aboue x. daies.
Item yf it be a matter dyffycill to proue as concerning the acte, or that it require consultacion concerning ye sentence, y• then a competent terme shalbe geuen vnto the lieutenant to bringe forth his witnesses, according to ye place where they be: neuertheles he shall not haue aboue one monethe to doe it at ye most, althoughe he seke his witnes in other places.
Item yf they be in the towne or within two leagues, he shal haue but fyftene daies.
Item yf the criminall or malefactor demaunde to be admytted to hys Iustificacion, yt the coūsell shall haue respecte if it be conueniēt & according to reason or not.
Item if ye counsel shal perceiue y• he ought to be admitted, they shall geue him respit for .xxx. daies.
Item the profe knowen and the examinations & defences hearde, in case that they he admitted, ye Sendicques ought to order the matter so that the [Page 33] prisoner haue sentence within .xii. daies, at ye farthest, albeit yt the matter require consultacion, otherwyse that they doe it the first daie.
Item the Sendicques shalbe iudges of all criminall causes beinge accompanied with the counsell, and eche of the foure in his order shall pronounce the sentences, neuertheles if ther be manye sentences to be geuen in one sytting, there shalbe but one to pronounce it, but if there be one or more absent, that those which be the fyrste set after them in counsell y• they take the place wt the staf, e but yet thei shal not pronounce the sentence.
❧The office, charge, and duetye, of the counsell.
ITem that iii. dayes in ye weeke that is to say Monday Tuesday and Fryday, e they shall come together at the sounde of the bell withoute anye other calling: moreouer yf it shall happen anye extraordynarye matters, that they shal appeare at the hower assigned by ye commaūdement of ye Sendicques, by night or by daie.
Item in the ordinarye dayes from [Page] Easter, to Michelmas, they shall assemble at seauen of the clocke. And from Michelmas to Easter at eight of the clocke which is at the ende of the [...]ermon: and he that appeareth not to be assistant shall paie.
Item in matters of greate importaunce and which require ye presence of the whole coūsell, the Sendicques shall commaunde to seke the counsell by ye othe which they owe to ye towne, but thys shal not be done but by good discreacyon.
Item whosoeuer shalbe called vpon his othe & appeareth not, he shall pay a fyne of fyue florence, excepte he haue a lawful excuse, for ye whiche he shalbe sworne if he wyll haue hys excuse receiued, & moreouer y• he doe signifie in his owne person or his wyfe.
Item ye none shal depart before yt the coūsel be ended wtoute asking leaue.
Item whosoeuer shall depart withoute the leaue of the counsell, and beinge called agayne by the Saoultier, at the commaundement of the fyrste Sendicque, yf he come not, he shall be put to a fyne fyue Florens, and three [Page 34] dayes imprysonment.
Item after the praie [...] be made none shal speake but in his order,All their counsells beginne with praier and if many speake at once, the first Sendicque shall impose Sylence, the sylence imposed if their be any that ceaseth not, he shalbe put to a fine of v. shil.
Item that euery one shall kepe his place to auoide confusion.
Item y• noe man be so hardye to propose any thīg of his own heade but he shal reueale the same to the first Sendicque before the counsell be set, that the Sendicque may propose it, neuertheles yf it seme good vnto hym, he may commaunde the other to declare it more at large the better to informe the counsell.
Item yf it happen that anye haue aduertysement after the counseyll be set, of anye thynge perteyninge to the common welthe, that then beinge entred into the house he shall aduertise the first Sendicque a parte.
Item that none shall reueale that whyche is intreated of or decreed in secreate in their counseyll [Page] vpon paine to be deposed, and for euer to be vnable for that estate: moreouer according to the weighte of the case, to be punished by the aduyse of ye coū sell eyther by a fine of mouer or open penāce, or els by corporall punishement, but yf it appeare that he hath done it to stoppe the course of Iustyce it shalbe open penance, if it haue bene to greue the common welth it shalbe payne corporall.
Item if any of them haue ought to propose of his owne case he shal let it be writen, or otherwyse he shall tarye vntyll they haue dispatched the present thinges.
Item that none swere or curse as to name the deuyl wtin y• coūsell vpon ye paine of v. shil. and if he contynue after he hath ben corrected sōdrie times then to be deposed.
Item y• none shal blaspheme god vp on ye paine to crie god mercy solemynly, that is wt a torche burning in hys hand, and to be put in prison, & if he doe it often tymes to be deposed and punished more rigorously.
Item y• none reproche or mysname [Page 35] any other, nor to enter into any contenssion or chiding, or brauling, that they speake no contumelious wordes or dishonestie, but that eche one telling his opinion shal speake wt al modestye withoute charging the other or speaking against their honour, vpon the paine of v. shill. & if he be accustumed so to do, after certeyne admonicions, and no amendemēt had, to be deposed from the counsel.
Item if any doe charge another wt a crime, he shalbe bounde to proue it otherwyse to crye him mercy: and to be deposed from ye counsel the rest of ye yere, and he whiche hath ben charged shal haue his action.
Item this order shalbe kept as wel for ye coūsel of sixtie as in general of ye two hūdred, for ye auoiding of confusion, & y• al thinges may be the better obserued, they shal rede yt which is passed euery yere as wel in ye firste coūsel holdē after ye electiō, as also of ye two hūdred, & then al shal swere to kepe it.
Item ye nothynge shalbe set forth amonge ye two hundred before it hath bene treated of by ye petye coūsel, neither [Page] in the generall counsell before it hath ben treated of before, as wel of ye two hundred as of the petye counsel.
❧For what causes the councellers ought to retire them selues.
ITem that euery one in hys owne proper cause shall retyre hym selfe before he be commaunded, and yf he doe it not they shall compell hym to doe it.
Item in that whiche apperteyneth to his, and not to his owne person, as in ciuill causes, the father shall not be present when the cause of hys sonne shalbe denounced, neither brother nor vncle: moreouer if anye wil not retire him selfe of his owne good wil, to be admonished by the counsell.
Item in Criminall causes none shal tarye in the affaires of his parent or of his Coosyn yssued from his cosyn germayne, but shalbe excluded.
Item in all causes which shal seme good to the counsell to exclude anye, immediatly they shall depart.
¶The office of the threasorer.
THe threasorer shalbe present eueri day in ye counsell vpō paine aforesaid, [Page 36] and haue his voice as the other.
Item that he shall kepe secreate y• which shalbe sayd or done in the coū sell, vpon the same paine that is set vpon the counsellers.
Item to receiue all the commō money as well of the ordinarye reuenue, as the paynes of fines or other extraordinarye sommes.
Item that he shall demaunde and receiue in due time and also yelde accompte of that which shalbe due, eyther by fermers, perticuler receyuers, or paines fines or reuenewes, as of al ather things, so that the towne haue no lacke by negligence.
Item if he cannot be payde with a good will, he shall constreyne the detters by imprisonment withoute anye further delaye.
Item he shall delyuer no money to anie person but by commaundement, and hauing receiued commaundemēt he shall not delaye the tyme, so that there comme anye complaynte agaynst him.
Item he shall render accomptes euery syxte monethe in the chamber [Page] of accomptes, & not to dyfferre ye time aboue sixe wekes ouer his terme.
Item in rendering of his accompts he shall shewe howe he receyued it, wt what modiaciō, Acte, or Ordinaunce, or by what vertue he hath receiued it.
Item concerning the things receyued or paied, he shal shewe forthe the commaundementes with ye quittances vpon euery article.
Item y• the accomptes may appeare more cleare, he shall set them downe in forme of a register.
When he shalbe deposed frō his office he shall render the accomptes wt in thre monethes: and if he be founde debitour, he shall render the remainder within sixe wekes, or otherwyse he shalbe kept in prison vnto the last ende of the paiment.
❧The office of the Secreataries.
ITem they both shalbe continually in the counsell, excepte he haue a lawefull excuse: also they shall kepe secreate that which shalbe done in the counsell.
Item they shall not make oute [Page 37] or delyuer to anye person the copye of any act which ought to be kept secreate, nor to reueale anye thynge without the knowledge of the Seniors: he that doth the contrary shalbe punished as is aforesayde.
Item he shall haue two Registers, the one for the publike affaires, or in any poynte touching the comminaltie, the other for perticuler men, whiche appertayne not to the towne.
Item, the fyrste Secreatarye shall wryte the fyrste Register of those thynges holden in the counsell, the other shall haue that whiche appertayneth to perticuler affayres.
Not withstandynge the one shall wryte yf nede be, & read the letters, instrumentes and actes, that the other shall make, to the end that there be no delay.
Item, that eche of them in his office shall make dispatche of the matters whiche his Register importeth, neuerthelesse, the fyrste onelye shall haue the charge to signe all thynges when they shalbe present.
Of the other part, when there shal [Page] be publike matters to dispatche of great importaunce, as instructions, and such lyke, the first shall comunicate with his companion, the one to vse the others counsell.
But in the absence of the one, the other shall haue the whole charge, & the seconde shall doe the office of the fyrste.
Item, there shalbe a Register apart for the letters missiues, and shal continue in the Secretaries place or closet, the whiche shalbe cōmon to them both according to the necessitie.
Item, a Register aparte for causes criminalls.
Item, a Register for causes of mariages.
Item, a Register wherin shalbe enrouled the officers from the fyrst day of their office to the last.
Item, another to kepe in order the statutes & proclamatiōs, which shalbe made accordīg to ye necessitie of time.
Item, a Register of the cōmaundements wt shalbe made for the disbursing of any monei, to ye ende y• the rendring of the acomptes maye appeare [Page 38] more cleare, and be better verified.
Item, another Register, wherein shalbe drawen al the actes which import the recoueryng of money for the communaltie, as of fynes, and other profittes.
Item, that all informacions shall be locked in a cheste or closet, of the whiche the first Secretarye shall haue the kaye, and in his absence the seconde, of the which thei shal render accompte: and that thei may be found when nede shalbe, eche of them shall haue a marke by number, and in another coffer there shalbe an Inuentorie marked, all the proces concluded & finished, shalbe brought into another place.
Item, they shall make diligent dispatche aswel for y• perticuler matters as common, and that nothynge shall be left vndone, thei both shall comme together after dinner, at the same houre that the Sindicques assemble, also at sixe of the clocke in the mornynge.
Item, they shal distribute equallye together all the profittes.
¶Of the office of Capitaines, Banderetts and Dyzners.
THE Capitaine generall shalbe diligente and vigillant ouer all the towne, he shall gather no assemblie suspecte, nor make any conuenticle, whiche maye be a preparatiue to sedicion, tumulte, or mutinetie, and the perticuler Captaynes, Banderettes and Dizners, shall doe the lyke, euerye one in his office and quarter.
Item, yf any such lyke thyng happen, or that there be beginninges of trouble, the Captaine generall shall take hede to it betymes and aduertise the counsell.
Item, if the perticuler Captaitnes shall firste perceyue it, they shall doe the lyke, enformyng the Seniors, or their Generall to make their reporte as shall seme good to them.
Item, thei shall watche euerye one in his office that there be no disorder or insolence, and that the Burgeses and Inhabitants gouerne them selues honestlye in their housholdes, without noyse, trouble, or brauling, [Page 39] and if any do the contrary, they shall admonishe him, and if that admonission profit not, they shall make their reporte to the Captayne or Seniors.
Item, if there happen any daunger or inconuenience in the towne, they shalbe alwayes readye for defence of the same, when commaundement shalbe geuen them.
Neuertheles, it shal not be lawful to the Capitaine or Banderet to assemble men, or to arme any, without expresse commaundement of the counsell, except there happen some sodein assaulte without, in the whiche case thei shal doe their office, whyle in the meane tyme, the counsell maye prouyde more largely.
Item, to the ende that the towne shal not be vnprouided, the Capitain general shal not enterprise any farre voyage, as to bee aboue eyght dayes absent without speciall lycense.
Item, that eche of them and especially the Dizners, shall be diligent that the Proclamations and Ordinaunces of the counsell, as well for the reformation of the church, as for [Page] the ciuile estate, that thei may be wel obserued: & if any doe the contrarye, they shal aduertise the Seniorie.
Item that euery Dizener shal make euery halfe yere a roule of all the burgeses and inhabitauntes within his diznarie comprehended, with all the housholdes makyng fyre aparte, & to present the said roule to the counsel.
Item, that once a yere the captain generall accōpanied wt the captaines perticulers and Dizners, eche in his quarter, shall make visitation from house to house, to know if the Burgeses and Inhabitauntes be furnished with armour as it appertayneth for the defence of the towne.
¶The Auditours of accomptes.
ITEM, that three dayes in y• weke that is to say Tewsday, Thursday and Saterdaye, they shall assemble them selues together bothe mornyng and euenyng, to doe that theyr office requireth.
Item, they shall put in writynge all maner of Instrumentes, and obligacions in order, and set thē downe in Inuentorie, to the ende that nothing [Page 40] be loste but be founde easely.
Item, they shall haue an officer conuenient appoynted to seeke partyes when nede shalbe.
Item, that withoute exception of person, they shall doe theyr dutie to all men, to cause them to paye theyr duetye.
Item, when any refuseth to paye, or denieth the debt, or alledgeth anye excuse, which semeth to them insufficient, they shall make report thereof to the counsell within eyghte dayes folowinge.
Item, if by fauoure or frendshippe they spare anye man, they shalbe punyshed vpon their wages, for that whiche is paste, and to be bounde for the dette and charged therewith.
Item, to declare that they do truely discharge this office, euery .iii. monethes thei shal present a roule of inuentorie of dettes and obligations, whiche they shall fynde, to cause the partyes to appeare wyth diligence, and those wyth dilyueraunce of their Register to conferre with the same if nede shall requier.
[Page] Also concerning the profites of the towne, they shall not concelethe perticulers of their rightes, but when the Registers of the town may serue, they shall communicate wyth them to make out copyes, when neede shal requier.
Item, they shall note all the rights apperteyninge to the towne, as rentes, reuenues, or causes, whiche bee not paied, and after shal make report to the counsell to the ende to ioyne them to the ordinarye inuētorie, and that vpon payne aforesayde.
Item thei shal reuisite the comptes of the Treasurour incontinent after thei shalbe presented to them, & close them vp without delay, but if thei do not bring them in by the time appointed, that to is saye at the ende of sixe monethes, they shall procure them, and not suffer them to passe the time appointed.
¶The office of the controuler.
HE shal not passe one yere withoute visiting all the buyldings apperteyning to y• towne, but when he shalbe aduertised by the inhabitauntes [Page 41] that there is necessitie of reparaciō, that withoute longe delaie of time he shall come vpon the place to see what lacketh, and to set order therin: but if it happen anye inconuenyence by hys neglygence after he hathe bene aduertysed, that then he shall aunswere.
Item in all buildinges where as is no habitacion, as temples brydges, & other lyke, he shalbe dilygent to ouersee them wtout aduertisemēt of other.
Item he shall prouide and take order that nothing perishe or decaye for faulte of reparacions.
Item he shal haue a register conuenient to note all the daye workes of massons, and carpenters, and that he fayle not but to assygne the acquittance of the threasorer when he shalbe therof certified.
Item whersoeuer there shalbe massons carpenters or other workemen, he shall not fayle to haue an eye to them, to knowe yf they doe their duetye faythefully.
¶The offyce of the mayster of the Artyllerye.
[Page] HE shall kepe warely the keies and not to deliuer them into y• handes of anye other, nor put anye in trust withoute expresse commaundement of the counsell, and yf there happen anye defaulte, he shall aunswere therto.
Item he shalbe diligent to kepe nete and cleane and in good pointe the artillerie, readie for to serue at y• hower if nede shal require.
Item he shalbe dilygent and take hede in making cleane, that nothing be put oute of order.
Item, he shall take hede that there be no disceyte, for the whiche cause he shalbe contynually present, and after he shall reuisyte and see that there be no inconueniencie.
Item, he shall neyther charge nor discharge any peace but in necessitie, excepte it be by expresse commaundement from the Seniors, and that this be obserued in all the bulwarkes.
Item he shall kepe the pouder well lockyd, so that no inconuenience happen, vpon paine to aunswere it, yf it be his faulte.
[Page 42] Item whē nede shalbe to set abrode the artillerie, his office is to do it by the commaundement of ye Seniors.
¶For the proctour generall.
HE shalbe assistant in ye courte of ye lieutenant in ye time of pleading, to knowe & vnderstande yf there be anye cause or interest for ye towne, and there after to forme his conclusions, & this to be done, audience shalbe geuen him, and the lieutenant shal demaūde if there be any thing to be said which semeth to be medled wt ye common interest, before he end his causes.
Item, in al causes which perteyne to ye welth or profite of ye towne, & to the conseruaciō of ye cōmen weale, he shal instātly pursue it as a good proctor of ye cōmon welth, & namely in criminal causes he shalbe ioined wt ye lieutenāt.
Item, in ye faulte of parents & frends he shal solicite & pursue to make gardens, or ouerseers for pupilles & orfelings, or to depose those whiche be if nede shall requyre.
Item he shalbe a party to demaunde & call vpō all fines in the name of the towne, of al those wt offended: neuertheles he shal receiue none, nor it shal [Page] not be lawefull for him to make anye pacte, or apointe anye man hys payement, and those whiche be condempned in any payement he shall signifie to the thresorer euery weke, that he maye recouer it.
Item he shal spare no maner of person in suche cases vpon paine to paye the summe him selfe, neuertheles he shall not molest anye man to brynge hym before the Iustyce excepte he be well furnished with proues.
Item he shall take payne & doe hys diligence to knowe those which holde ought of the towne, as lands, possessiōs, medowes, houses, or whiche we holdeth anye thinge from the towne, to aduertyse the audytors of the accomptes therin.
Item when there shalbe anye buylding in the towne he shal haue respect that they enterprise not nor incroche vpon the strete, but he shall endeuer him selfe to let it, vntil it be determined by Iustice.
Item yf anye house be ruynate or faulen downe, so that the towne be therby deformed, he shall pursue him [Page 43] whyche oweth the place vntyll they haue buylded or forsaken the same.
Likewise if there be daūger of any house to decaye or faulen in ruyne wt the common altie hath interest in, he shall make pacte wyth the owner to shore it or repaire it..
Item, he shall suffer no house to be shorde vpon the strete to let the common passage, excepte it be for a tyme mete to repaire the same, but howsoeuer it be it shall not passe eighte monethes, but yf he be negligent and by fauour of anye, dissemble the time he shalbe put to fyne.
Item, he shall haue the ouersighte of the breade, which the bakers put to sale, whether it be of iust waight or not, and this shal he doe euery weke. And where he findeth defaulte, he shal procede informe as foloweth, that is to saye if he finde breade whiche hath not his iust marke and waight according to the pryce of ye corne, that was the saterdaye before, he shall leuye v. shil. for fine: of the which ye halfe shal be geuen to the towne, and the thresorer to receyue it, the other to ye sayd [Page] proctor: & moreouer ye bread shalbe cōfiscate to the profyte of the hospital, & this for the fyrst time.
For the seconde time .xx. shil. for a fine, and confiscacion of the breade to be applied as is aforesaid.
For the thirde tyme .lx. shill. for a fyne, and confiscacion of the bread as is aforesayde.
For the fourth tyme tenne florence to be distributed as is sayde, and the offe [...]der to be depriued of his occupacion, and his ouen raced.
Item, he shall make an Inuentorie of all the mouables, confiscacions, & goodes, where the Iustice hath layed hande vpon, to the profyte of ye town and make reporte to the counsell.
Item, he shal take hede of ye houses apperteining to the towne ye none vsurpe vpō them by any perticuler. Also he shal let them to the profite of the commonaltie, neuertheles he shal let none: but by his aduertismēt, ye threasorer shal see if it be vnder .x florens, & for ye space of one yere, or whether it be longer terme, or higher price, y• he doe according to ye custome of the towne.
¶For the Saultier.
HE shall haue the charge of the town house, that vpon ye daies of ye coūsel he shal open ye great dore of ye counsel in ye morning: and not shut it before ye coūsel be departed
Likewise when the counsell shalbe holden extraordinarely, or ye two hundred assembled.
Item, at such time as ye first Sendicque shalbe there to heare complaints or dispatche causes, or when the foure shalbe gathered together after diner.
Item, when the courte of the lieutenant shalbe holden aboue where the appellacions be, all that day longe he shall not open but the littell doore.
Vpon the eueninge he shall shut the dores betimes, & keepe it shut▪ all the night: but before he locke it, he shall searche & vewe ye their be none within, neuertheles whē any of ye Sendicques come he shal opē to him, at what hower of the night it be.
Item, ye he shal kepe ye house nette & in good order, & if there be any thing to be repared incontinent he shall aduertyse the controuler.
[Page] Item, he shall make a fyer betimes in the morning to heate the hall, and the chamber a certeyne tyme before ye first Sendicque and the Secreataries doe come.
Item, he shall not fayle to be fyrste when the counsel shalbe holden for to kepe the doore.
Item, he shal kepe secreate al which shalbe said and done there within, vpon the same payne whiche hath bene said of the counsellers.
Item, he shall accompanye the Seniors Sendicques in al acts of iustice.
Item he shall accompanye the lieutenant in the executyon of all Actes Criminalles.
Item, he shal present ye wine which the Seniors shall sende to the Imbassiadores, or others.
Item, he shal visite the houses ruinated wt those that be sworne whē it shalbe requyred, and make reporte to the counsell.
Item, to lymyte and measure the feldes, and possessyons, wyth in the Fraunchises.
Item he shal haue a closset to locke [Page 45] and shutt in the goodes which apperteyne to the knowledge of the iustice, tarying tyll the Inuentorie be made, that is to saye when the towne shall take anie interest, or when there be no heyres, or when the heyres shall not agree, or when it is requisite that the iustice seise any thing.
Item, to take and kepe the notaries chestes when anye of them doe die, to conserue the rightes which are passed by their handes.
Item, when any watche man dieth or is deposed he shall receiue agayne his halberte and his harnes and other secreate thinges which he hathe of ye Seniorie, for to delyuer them to their successours.
Item, when the watche shall take anye by nighte in the streates, they shall bringe them to him, and he shall take and kepe them vntyl ye next day.
Item, if their be brought any thing to him to be deliuered into his hands, he shall receyue it and kepe it faythfully, neuertheles he shall haue a regester to write as well the prisoners whyche be broughte hym as all other [Page] things, and that he write it immediatly in ye presence of him which bringeth it to him, and in the morning he shall signe it by the Secreatarie.
¶The office of the porters, kepers of gate [...] and gardes of the towers.
ITEM, euerye porter shal shut his gate at the sound of the bel, & shal not open it before ye hower appointed, be it morning or euening.
Item if any desyre to come in, after the gate be shut he shall not open vnto him withoute licence, excepte the passage for ye postes, and yet they shal not open vnto them excepte ye watche be there present for feare of daunger.
Item in special necessitie as in time of pestilence, the porter shall let oute the sicke or deade as he shal haue commaundement, to open to him whiche shalbe admytted for the purpose.
Item that euery one shalbe diligēt to kepe his keies, so that there happen no inconueniences by his negligence, but that he shall aunswere it.
Item none shall commyte anye other in his place wtoute asking leaue of y• first Sendicque, or in his absence [Page 46] one of his companions.
Item in the time of vproare▪ fier, or suche accidentes, they shall abyde by their gates, and not to depart thence except he haue expresse cōmaūdemēt.
Item, in suspicious times the porter with the gardes shall shutt ye gate incontinent after the watch hath geuen them a signe, such as hath ben before declared vnto them.
Item, the gardes of y• towers shall not faile but to lye eche of them in his tower, and he shall not bring in anye multytude of people wythoute leaue or commaundement.
Item in their absence they shal put none other in, except they haue lisēce.
Item he that kepeth the bulwarke of the market place shal haue the keie of the cheyne of the lake, to shutte vp the passage of the botes, and open it in the morninge.
¶The watches of the two steples.
ITEM, the watche men shalbe nighte and daye in the steples, of Sayncte Peter and Sayncte Iarueis, and shalbe dilygent to espie within and withoute.
[Page] Item, if it happen anye fyer in the towne, that he whiche is nerest shall crye with a loude voyce to the nexte houses withoute sounding his bell.
Item, in suspecte tymes eche shall haue a bell and a banner, and if he see any great troupe of men he shal soūd his bell and and put his banner that waye that they be, to the ende that y• porters may be vpō their gardes, and if nede shalbe to shute the gates.
¶The courte of the lorde lieutenant and Adiuters of ryghte, and the somnarye of the Iustyce of Geneua. And fyrste the electyon of the Lieutenant and of his fower Assystantes.
THE teusdaie before ye sondaye after S. Martyne, ye petye coū sell shal assemble to make the election of the Lieutenant &: to haue a good beginning, the first Sendicque shall exhorte the company to pray vnto god, that he wyll direct their waies and hartes, o chose mē of a good conscience, louing equitie, & trueth, men of prudence, and knowledge, to iudge rightfully, and after the prayer made [Page 47] they all shalbe sworne in order, in forme folowing.
We promyse and swere before god to chose & name into this office those which we thinke to be meete and sufficient for the mayntenaunce of y• honour of god in this towne, and to render right to all withoute accepting of person, and in chosing we shall haue respecte vnto the common welth and tonoe perticuler affection, neyther for fauoure nor hate as god bearethe vs witnes in this promyse, therin to be iudged if we doe the contrarie.
After this eche shall name before ye Sendicques, the Secreataries beyng present, to wryte their voyces: ye Fridaye folowinge in the counsell of the two hundred after prayer made, ye declaration and the othe, they shall propose those two which haue ben chosen by the greatest part, & vpō that ye two hundred shall procede in their electyō, taking if it seme good to them one of the two, or els another thirde, so that the fyrste electyon be as an aduertysement withoute preiudice to the libertie of the seconde.
[Page] The sonday folowing, the general counsell shalbe assembled, there they shal pronounce to the people the election made by ye two hūdred, to knowe yf ye people be agreeable to haue him, if the people accepte hym whyche is chosen, then the election is fyrme, and shall continue, but if they refuse hym they shal procede to a newe electyon, first by the petie counsell, after by the two hūdred, so that none be in the offyce except he be cōfirmed & approued by the people or by the greatest voice.
¶For the assistaunce
TOVCHING the Assistaunce two shall continue in their office the seconde yere, so y• euery yere they shall make but two newe in the place of those two which haue serued two yere, neuertheles the last electiō shalbe by the two hundred, withoute comming to the people: and the same daye the lieutenant wt his foure adiutors (as well ye auncients which were of ye yere past as ye newe elected) shall come into ye towne house to be sworne before the Sendicques & the councel, and to be put in possession.
¶The forme of their othe.
VVE promise and swere to execute oure offyce in the feare of god & with a pure conscience, and rightly to iudge & pronounce those things which shal come before vs in all equitie & iustice, withoute exceptiō of person, rendering right to eche one wtout bearing fauour to those whiche haue an euyll cause.
Item, not to receiue presents, gifts nor corruptiō to decline frō our duety
Item, we all payne and dilygence to make expedition of causes which shal com before vs, to ease the parties frō troublesome charges.
Item, not to burdeine any person wt any costs and charges more then reason will beare, and namely to folow the taxe which is made vnto vs.
Item, to be diligent to reproue & correcte al insolences & dissolutnesse contrarie to good pollicy, & to cause that the ordinaunces of the towne maye be well obserued, as muche as lyeth in vs, callynge god to wytnes therin, to bee Iudged yf we doe contrary.
[Page] Moreouer if it happen anye lieutenant to dye before his yere, yf there rest yet foure monethes, they shal substitute another in forme aforesayde: but yf he haue lesse tyme, the moste auncyent of the Adiutors shall take hys place.
¶The place of the Assistaunce.
THE two auncients shall goe before the other, but as well y• auncients as the newe amonge themselues, shall goe according to their degre and dignitye of office in ye which they haue bene.
❧For the two Secreataries of the Lieutenauntes courte.
THE petye counsell shall chose them, to present them to the two hundred which haue authority to ratifye the electiō or to make another withoute prolonging the tyme: and the office shalbe thre yere at the least excepte there happen death or a notable fault, enot wythstandynge in the tearme of thre yere there shalbe made a surueie, & the office perused if they ought to contynue therin: before they shall enter into ye possession they shall [Page 49] make an othe before the counsell in maner folowing.
❧The othe of the Secretaries.
WE promise and swere to receyue no acte nor instrumente to the dyshonour or damage of the towne, or against the polycye of the same.
Item, to couche faithfully by writyng and to register all suche actes and instrumentes, as pertaine vnto our office, and to conserue that we haue made, to distribute in tyme and place, accordynge to the order of Iustice.
Item, not to reueale ought to any party to the preiudice of another, or stoppe the course of the right.
Item, not to defraude any eyther of Acte or instrument which may helpe them or further them by reason.
Item, to make expedicion of all actes and copies, which we be bound to delyuer, without delaying the one to further the other.
Item, not to eracte or take greater wages than to vs is due by the order of the taxe.
¶The office of the Lieutenaunt, and of his Assistaunts, and the order of their courte.
THE Lieutenaūt & his Assistantes be bound to hold their court, for to render right thre dayes in the weke: ye is to saye Monday after dinner, from twelue of the clocke tarying till foure, lykewyse Wednesdaye and Fryday.
Moreouer, euery daye from eyghte of the clocke vntill ten, the Lieutenaunt or one of his Assistauntes one after another, through oute, shalbe resident in the benche, to heare the plaintyues, and sette order amonge them, vntyll they may do iustice: the Saterday they shal do the lyke, both in the morning and after dynner, because of the straungers and multitude which come to the market.
Item, in matters of sodaine prouision the Lieutenaunt shall call the adiutours, and assemble them extraordinarily, accordynge to the necessitie of the case, and that there be no defaulte, the Lieutenaunte shall not enterpryse anye longe voyage, to be [Page 50] absent one courte day wythout leaue of the counsell.
¶For the payne of those that bee absent.
HE that fayleth to be there in the tyme aforesayde, shalbe depriued from suche profyttes as shal fall or chaunce that daye, and if he haue not a lawful excuse, to pay two shillings for amende, and if it be one of the Assistauntes to paye double, and the Secretarye shall note theyr faultes faithfully, to render the role to the receyuer of the fynes.
¶For the adiournement or summonning for ciuill causes.
WHO so euer wyll adiourne or summon hys aduerse partye, maye doe it what daye he wyll, yea at the presente houre, and this adiournement shalbe auaileable as well by anye of his housholde, or hys wyfe, as of hym selfe: moreouer, if he be absent or sicke, and haue any other lawefull let, his wife or anye of his, as his nieghbour, or his frend, [Page] may appeare to the Assignation, and excuse him, but before the excuse be receyued, they shall be sworne that the excuse is lawefull whyche they alledge.
¶For defaultes.
YF there bee no excuse broughte forth, and the action be ordinary, for debte, or other cause, none reserued, as shalbe sayd here after, and if betwene two Burgeses: the demaunder shall make assignation thryse before he obteyne the default.
If then he doe not appeare, & there be no excuse broughte forthe, letters shalbe geuen out to leauye vpon hys goods, vnto the furniture of y• sūme whiche the cause amounteth: but yf he do not delyuer gage into the hands of the Sargeant, or if he haue not sufficiente in his house for to gage the sayde summe, then for defaulte of goods they shal take his person, and make hym prisoner, neuerthesse in case y• he suffer hys house to be searched and thei take such as thei finde, they shall not take him out to putte him in prisō, but if he absent him self [Page 51] willingly, incontynent there shalbe execution against him: but yf he haue withstande the officer, the Sargeant shall bringe him the next daye before the lieutenant there to paye all e [...] epences, assignations, letters, and execusions of the same, other wyse he shall procede, whatsoeuer matter to the contrary notwithstanding.
But if the defendant after he hath bene put backe againe, doe not appeare to the firste assignation, then letters shall be graunted to the demaundaunt, to adiorne him peaceablye, to the whiche yf he obey not, there shalbe graūted processe against him to take his bodie, and put hym in prison, to the ende of the pa [...]ment.
If it be a stranger which assigneth a Burgese, then to procede more spedily, he shall demaunde yf it semeth him good, and shall haue a iournement frō the lieutenaunt: but if the Burgese wyll not appeare vpon the day in which he is assigned, then default shalbe decreed against him, and immediatlye letters of execution to gage it in his goods, or to take hys [Page] person for faulte of goods, but yf he haue lawful excuse, either by absence or by sickenes, it must be declared in the first assignation.
Contrarywyse if ye demaunder appeare not, the defendour shal obteine against him default, and shalbe freely at lybertye from his assignation.
Item, none shall be releued from his faulte, excepte he come before the courte be rysen, so y• he come in tyme to answere to his assignation, & present him selfe before the Iudge, and that before he be rysen, vnto the end that this be no occasion to prolonge the causes: before they be vp, he shall swere y• he doth it not to delaye or to make frustrate his demaunder, but that he is come as soone as he could.
But in suche case yf the tyme wyll serue, he shall be called agayne, neuerthelesse yf the demaunder be not there present in hys owne personne or Proctour for him, that thys callynge shall not tourne to be preiudiciall to put him to defaulte, but onelye for a lette, that he shall not leuye lettes of execution agaynst hys partie: [Page 52] moreouer, none shall be receyued twyse to pleade such excuse, but such a relyfe shalbe onely for one tyme.
¶For the adiornement of witnesses.
INcontinent after that the terme for the probation shalbe geuen, the partye which ought to bring furth witnesse, shall doe his diligence to call them, that the examination may be made in tyme and that the adiornement be made with expresse denomination that it is in case of witnes.
If it happen, that he whiche they demaunde for witnes, bee absent or sicke, that his wyfe or one of his shal come and excuse hym wyth an othe, as hath bene sayde.
If he appeare not, or there bee no excuse at the first assignation, he shal be assigned the seconde tyme, and yf yet he make defaulte, then letters of compulsion shall bee graunted to the partye, to constrayne hym to comme before the tyme be expired, vp on the payne of gage or imprisonment: and if he suffer to bee gaged, [Page] they shall take as muche of his goods as the principall of the cause maye amounte.
But if he be sicke, there shalbe deputed one of the assistaunce, to goe and examine him in his house, & the aduerse partye shalbe called thyther to see him sworne, as if he were in the courte.
¶For the pleding.
ITEM, folowynge our auncient custome, the pleding shalbe holden in the common language of the countrey, and not in Latyne: but for to auoyde all excesse of expences, as prolonging and troubling of ye parties, folowing our auncient custome, that all causes which amount not aboue fyue Florence shall be dispatched wyth the greatest expedicion that maye be, withoute writynge, but onely by wordes, as well the propositions, and answeres of the partyes, as the proues and witnesses.
Item, to auoyde all vaine delayes that in causes whiche exceade not aboue ten Florence, the principal sentence that is geuen by the lieutenant [Page 53] and his assistauntes shal stande for the last, without appellation: but for the other of hygher summes, it shalbe lawfull to appeale, that is to be vnderstande onely for debte, & not for cause of rentes.
Item, that all sentences not passing ten Florences, shalbe geuen by mouth onely, and in general, all sentēces interlocutoris shalbe vnwrittē but the Secretary to put them in his register.
¶For termes and delaies.
TOVCHYNG the causes whiche ought to be dispatched without wryting as is sayd, that the demaundant by him selfe, or by his Proctor, shall make redilye at ye firste his trew demaunde, at the first assignatiō, namely y• the aduerse partie be there to answere lyke wise, & the defendour shal answere redily & directly, either affirming or deniyng, protestīg the cause if it be his owne proper act, if it be the cause of another (for the whiche neuertheles he is bounde) he shall haue delaye for two dayes onely, to giue informacion, yf the other [Page] bee in the towne: but if he bee without, he shall haue competent terme, according to the place where he is.
If it be nedeful to be proued, and ye he will proue his intension by instrument or by wrytyng, he shall bringe it out incontinent, & thus doinge he shal not come without furniture: if it be for witnesses, he shall haue terme cōpetent, hauing respect to the place where they be.
¶Of causes exceding fyue Florence.
TOVCHING other causes that excede fyue Florence, if the demaunde be certeyne, as a debt proued by obligation, byll, or such other debt, where it is not nede to haue a byll in wryting, the demaund shall be made by worde, wt the profe of the obligation, bill, or other instrument, to ende the cause briefelye, in suche forme as hath bene sayde.
If the cause be such, that it requier the demaunde to be put in wryting, as when there be manye reasons to alledge, and that the deduction be [...] [Page 54] longe and difficill, than the demaunder the firste daye of his assignation shall bringe furthe his demaunde by wrytinge, and shall haue a copye of the same readie to communicate wt his aduerse partie, and ye to be done at the costes of the demaunder according to the taxe of charges.
For to answere, the defender shall not haue aboue eyght dayes respite, and then to answere, denying or affirming the declaration of the cause: after ye defender hath answered, & the cause declared, yf the plaintyue wyl set hys cause by articles, to come to probation, as the day of his contestation, he shall haue eyghte dayes to doe the same, and then yf he haue righte eyther by wrytinge or instrumente for to serue hys purpose, he shall bringe them furthe, and declare them with his articles.
Thys done, the Defender shall haue eyghte dayes to answere vpon the articles and no more.
If the probation lye in wytnes, after the Defender haue aunswered, [Page] the demaunder shall haue yet eyghte dayes terme to bring furthe his witnesses, if thei be in the towne, if they be withoute, he shall haue a competent terme to bryng thē, or examine them vpon the place, by the vertue requisitorie, so that eyghte dayes after the terme geuen, the witnesses shalbe published, so that ordinarilye they shall haue but fiftene dayes.
This oughte so to be vnderstand, that after the beginning of y• terme, ye sayd party shal one certen day cause his witnesses to bee sworne against the daye of his publication exclusiuely, neuerthelesse callyng his aduerse partie as right and reason requireth.
Item, in the daye of the publication yf the parties pretend to propose any obligation or sedule to declare their facte or righte, they shall haue eyght dayes delay to do it.
¶In case of exception.
IN case that the Defender in his answere vse exception, the whiche requireth profe, as yf he alegeth payment, or suche lyke thynge, that the same terme shall be [Page 55] geuen him, as hathe ben sayd of the Demaunder.
Item, vpon the exceptions whiche shalbe made, there shalbe one replication, and it shall not be permittted to ye defender to reioyn against him, nor ye Plaintyue to surreioynder, neuerthelesse, it shalbe lawefull as the matter shall require, to oppose diuers exceptions in one cause, accordyng to the diuersitie of the proues, or demaundes, so that one of the exceptions let not another.
¶For termes to here the right.
IN causes which mounte not aboue fyue Florence the principall, and all other which be easye, and nede no longe consultacion, as yf Iudgement maye be geuen vpon an obligation or other certayne proues: the Lieutenant and his Assistaunts shal not take aboue eyghte dayes terme at the moste.
Item, in causes of greate importaunce, whiche requireth further repecte, and speciallye require consultation, [Page] they shall take such terme, as they thinke by their iudgement to be necessarye, neuerthelesse so standing continuallye for briefnes, as muche as in them is possible, so that for the moste highest terme, they shall not passe aboue a moneth.
❧For the longest tyme that processe ought to continue.
THAT thys order shall serue to dispatche al processes in the briefest maner that maye bee, to auoyde all prolongings and delayes, so that in causes of great importance the whiche shalbe broughte by wrytinges, althoughe there be acception of the partie Defender, a proces shal not continue aboue foure monethes and an halfe, but shalbe alwayes ended and finished in the sayde terme, namelye that they bee constrained to seeke theyr wytnesses oute of the towne, for in suche case they muste ioyne to it such tymes as is ordeined to call them as hath bene sayde, and so the terme shalbe so manye dayes prolonged.
¶Of the two Feries or vacations.
[Page 56] THERE shalbe two Feries in the yere, in the which the causes and sute shal sease: that is to say, in corne haruest and wyne haruest, the which shal dure eche one a moneth.
For the beginning there is no certayne tyme to continewe, but they shall ordeyne it accordynge as the yere and season wyll beare, so in the ende of the moneth of May, the Lieutenaunt with his assistauntes, shall consulte when corne maye bee rype, and there after the daye shall be appointed, the whiche shalbe published in the courte the weke before, and in the wyne haruest the like to be done.
The reste of the yere, there shalbe no nother vacations to stoppe the course of the audientes, except there happen some necessitie extraordinarie in the towne, for the whiche the coūsel shal ordein according to reasō.
Moreouer, concerninge the examination of the witnesses, as hath bene said, thei may chaunge the dayes, as the Sonday ought to be exempt, and lykewise other actes iudiciall, as to adiorne, to leuy goods, & suche lyke.
[Page] Now, also because the feries maye come often before one proces maye be ended, as hath bene sayd of times and delayes in the terme, whyle the causes shall duer, that is to be vnderstande by this exception, that the feries shall not be comprised in ye same tyme of delay.
¶Of causes extraordinarie.
TOVCHYNG causes, whyche maye not suffer delaye, as matters of prouision of fruites hanginge or standing on the grounde, & suche lyke, because it is needefull to prouyde more briefely, it shalbe sayd in the place and order of eche one.
❧Of exception against Iudges in the processe & sentence difinitiue.
THAT no Iudge shalbe holden suspecte excepte he be refused of one of the parties, but in case the partyes consent both to haue hym, he shall not refuse to doe his office.
Item, it shall not be lawefull to refuse wythout allegacion of the cause, and to be knowen to the reste of the bench, and he that wyll refuse shalbe hearde vpon his reasons.
❧The causes to refuse, be suche as foloweth.
THAT is to say to haue ben proctor or counseller or first Iudge in the cause. Also parentage, as father to sonne, brother to brother, or Vncle to neuew, or cosyn germayne, likewise affiniti vnto ye degre of vncle or neuew, and so to the contrarie.
Item, when the cause toucheth him which is refused, as if the proces were touching marchandize, in the whiche he was a peartener in, or yf he were suertie or in any, case haue had to doe in the same.
Item, yf he beare manifest fauour to the one partie, or hate to the other, which maye be knowen or perceyued by vehement presumptyon, it shall not bee nedefull to proue the same thoroughlye.
¶Here foloweth the taxes of fees or stypendes, in whiche it shall not be lawefull to excede or passe.
FYRST the lieutenant or assystantes shall not exacte nor take of the partyes aboue thys [Page] which foloweth.
- In the fyrst audience when the demaūde shalbe formed.Note that in shill▪ is a grote or 4. d. Englishe money or there about.i. shil.
- ITEM, in the examinacions of the witnes, briefly withoute settinge downe in writing, where euery wytnes shalbe examined. i. shil.
- Item, if it ought to be written, and yet briefly without articles, then shal he take for euery witnes. ii. shil.
- Item, yf it be by articles, that for euery leafe of articles whiche ye proctor shal presēt, for eueri witnes. 3 shil.
- Item, for the othe. iii. shil.
- Item, yf the sentence difinityue of ye sūme be lesse then .5. florens. i. shil.
- Item if it be a higher summe, & yet vnder a hundred florens. iii. shil.
- Item, aboue a hundred, vnto fyue hundred. vi. shil.
- Item from fyue hundred florens, to the highest sūme.Note a storen is xii. sous.i. floren
- Item they shall take nothynge in short processes, where there is no productyon of the case, and generally in al processes whiche requireth no consultacion, but in suche matters when there nedeth consultacyon, they shall [Page 58] take no more then they disbource, reseruynge nothynge to theyr owne profyte.
- Item, in commyssyon where there nedeth a longe informacion, the lieutenant for hym selfe, & for one offycer which he shal contente, shall not take aboue. iiii. florens
- Item for the taxe of expences in breife causes. i. shil.
- Item in causes of greater importance. ii. shil.
- Item for euery decree made vpon ye sales, as vpon goodes of gardenships or gouernaunces. iii. shil.
- Item for a plaintife. i. shil.
- Item all these profyttes shalbe deuided amonge them, except any be depryued by hys owne neglygence, as hathe bene sayde, they shall make sixe porsions whereof the lieutenante shal take two, & eche Assistante one.
- Item yf there ought to be vew takē of a place in processes of heritage, or other wyse, if it be in the towne, that those that shalbe deputed for ye same, eche one of them shal not take aboue. ii. shil
- [Page] Item yf it be wythoute the towne in the feldes. v. shil.
- Item for the estymacion or prising of goods if their be mouables whiche moūte not aboue ten florens. ii. shil.
- Item, from tenne vnto fyue and twentye iiii. shil.
- Item, frō .xxv. vnto fifty. vi. shil.
- Item frō fifty to a hūdred. viii. shil.
- Item, from a hundred to the vttermost. i. floren.
- Item if they be vnmouable whiche ought to be cryed thre Saterdaies, he shal not take aboue. vi. shil.
- Item ye lieutenant or his Assistantes which shalbe present at the makinge of an Inuentorie, shal haue for the first leafe. iii. shil.
- Item,Note that a denier is the twelfe parte of a shil.for euery leafe beside. 6. deniers
Vpon thys condicyon that euerye leafe shall conteyne fower and twentye lynes, and that euery Item shall conteyne or comprehende ye things of one sorte together.
❧In causes criminalls.
- THE Lieutenant for euery examination which he shal make before he shall bring forth the [Page 59] malefactor, shal haue. iii. shil.
Afterwardes the Iourney shalbe taxed by the proctor, and leuied vpon ye goodes confiscate of the malefactor.
¶Here foloweth the taxe of the Secretaries.
- IN euery audience they shall take of ye plaintife for ye register. iii. deniers
- In commyssyon for Ioureneies. ii. Floren.
- For to enregister the constitution of the proctor. i. shil.
- Item, for euerye percell of letters. i. shilling
- Item for bryefe examynacyon vpon the wrytynge of eche wytnesse. iii. Deniers
- Item, for examinacion by writing and yet briefe and wtout articles, for euery witnes. i. shil.
- Item, for examynacyon vpon Articles for euery leafe presented by the proctor. iiii. shil.
- Item, for euery relacion of execuciō of letters. vi. Deniers
- Item for the Iourneyes taken oute at the requeste of anye partye, for eche. vi. deniers
- [Page] Item for euery leafe of copye, y• syde conteining. xxv. lines. x. d.
- Item for sentence difinityue withoute copye. iii. shil.
- Item for copieing of the request of anye partie. v. shil.
- Item for ye taxe of expenses in short causes. i. shil.
- Item in longe causes. iii. shil.
- Item for instrumentes of tuteles & gardians. x. shil.
- Item, for to Regyster a playntyfe. i. shil.
- Item, to Register a seisoure or a rest. i. shil.
- Item to register Relasions of damages or other smale things. i. shil.
- Item ye register of submissions which be made in case of rest. i. shil.
- Item for all fyances made by iustyce. i. shil.
- Item for praysing of mouables, the deputie shall haue as muche as y• Assistante, as well for the presence as for the instrument.
- Item for vnmouables where there is nede to leuie instrumēts of decre, if the summe doe not excede a hundred [Page 60] florens. x. shil.
- Item, from a hundred florence vpwarde. xx. shil.
- Item for Inuentories, for the fyrst leafe as hath ben sayd. iii. shil.
- Item, for euery other leafe folowinge. i. shil.
- Item, for informacions, as wel vpon the plantiues, as others, in causes criminalls, for euery witnes. iii. shil.
- Item for euery answere, in criminal causes, vntyll the malefactor be dyspatched. iii. shil.
Neuertheles they shall take nothīg vntil ye ende, then if ye partie be foūde culpable, or haue wherwith to satysfie, it shalbe disboursed.
For other instrumentes, whiche be also made by the notaryes, it shalbe saide in the taxe common.
¶The taxe or fees of the Sergeantes.
- ITEM for euery citacion, as well of the partie as of ye witnesses, if it be in the towne. iii. d.
- Item if it be withoute the towne wt in the fraunchises. i. shil.
- Item for a reste of barrage and to make the relacion. i. shil.
- [Page] Item for execusion of letters yf it be in seasure of vnmouable goods. 3. shil.
- Item if it be to leuie mouables vnder ten florens. i. shil.
- Item if it be aboue. iii. shil.
- Item, for takynge the arest of a mans bodye. iiii. shil.
- Item, for praysynge of mouable goods, of euery floren. iii. d.
- Item, for visytacyon vpon anye place. i. shil.
- Item, to be assistant at any question. i. shil.
- Item, to accompanie ye iustice to the execusion of a malefactor. ii. shil.
- More ouer there is a common profyte to be deuided amonge them, that is to saye of euery difinityue sentence in briefe causes. iii. d.
- Item, in those of greater Importaunce. vi. d.
¶Howe the lieutenant ought to gouerne in matters of imprisonment.
FOR the execusion of hys letters & for default or contumasye as hath bene sayde, he hathe aucthorytye to imprison.
Item for the transgression of cryes [Page 61] or proclamations, in case that the offender deserue punnishement, for the lieutenaunt is the executour of proclamacions.
Item at the request of anye whiche wilbe partye accuser against another he shall set him prisoner with him.
Item in matters of crimes, be it strife, fighting or violence, if ye plaintife come to him and the person whom he complaineth of be suspect of flieng, excepte it be a man resydent in the towne hauing goodes and houses, he shal not laie hand vpon him before he haue notified it to one of the Sendicques, and hath had his permission.
Moreouer he hath no power to deliuer or set at libertie a prisoner which hath ben taken for other causes then ciuill, and apperteyning to his tribunal, but incontinent as he hath shut vp any in case as hath bene said, that he notyfie it.
¶The order which ought to be holden in proces criminalles.
VVHEN he hath put in prison any man complayned on, or that the Sendicques notifye to him that [Page] they haue taken anye: that within xxiiii. howers he shal examine them, & deliuer ye examinaciō to ye Sendicques
If the offender be founde faulty, wt oute any dificultye, or that he render him selfe so, y• there be sufficient cause against him, he shal make expedicion of his proces.
Item yf the fyrste answeres be not founde sufficient by the Sendicques, he shall contynue his examinacions, vntyll suche tyme as he maye render vnto the Sendicques such aunswere, as reason requireth: but howe so euer it be, he shal not deferrre the time for to render it aboue two daies.
Neuertheles, this shall not be holden for his last conclusion, but after y• he hath rendred him selfe, and submitted hys cause vnto the proctor generall, vnto suche tyme as sentence be geuen, and as shalbe founde in the deduction of hys processes, he shal make vp and fynishe his conclusions.
The sentence pronounced to hym, shalbe committed to the charge of the executyoner, and he shal goe into the place beynge accompanyed wyth the [Page 62] Saultier and the sergeants, and there shall remaine til ye execusion be done.
Item for lacke of the Lieutenante, whether he be absent or sicke, the first Assystaunte shall take his parte, and supplye all that shall apperteyne to his office.
¶Ordinaunces vpon the emolumentes and exactions of seales of Geneua, thuse, gouernement and keping of the same.
¶The keping of the Seales.
IT hath bene ordeined and determyned that the lorde fyrst Sendicque (which euery yere accordinge to the custome shalbe elected) ought and is bounde to haue the keping and gouernemēt of thre seales, and those suerly to kepe, and with the same to seale and vse truely & faithefullye all thynges reasonably as foloweth.
¶The vse of the seales ¶And first of the common seale.
ALL maner of Instrumentes wt what name soeuer they be named, being longe or short receiued in iudgement or without, al sales cōpactes, barganīgs, acquittances, releases, Ratyfications, Bargaynes, testamentes, Causes, Promyses, Accordes, Exchaunges, Confessyons, Tutels, Curatels, Abridgementes, Commyssions, Ordinaunce paste by counsell, Mariages, Giftes, Attestacions of proctors, profe of notaries, Suppreme sentences, executions vpon the same, Sauegardes, Commaū dementes to leuye, Instrumentes, Requisitories, Burgeses, Attestasions, lisence by writinges past by the counsell, saufecondite, ordinaunces for mariages.
¶The seales of righte.
ALL patentes as the leuyinge of possessions, citaciō, briefe, attestations, cōmissions to examyne the witnesses, requisitories, Contumacies, presice letters, ordinances of sentences, as wel interlocutories, as difynityues, declared in the ordinarie and bryefe courte of the Iustyce of [Page 63] Geneua, Executoriables of the same prising or estimacion, in the sayde ordinarie courte, submissions, letters or sentence for money, Appellacions, or other like, al these ought to be sealed with the smale seale.
¶For the Casshett or priuie seale.
ALL instructyons and charges which shalbe geuen to Imbassadours, namely that his charge is not passed by generall counsell, that then they shall vse the great seale, al letters missiue reserued, that be afore sayd oughte to be sealed with ye seale called casshet, and they shall applye ye to none other, excepte instructyons & missiues, as wel in fauour of the Seniorie as for perticulers.
¶The maner and taxe which oughte to be leauied vpō the iii. seales respectiuely of euery one of them.
- FOR sales not exceding i. hundred Florens. iii. shil.
- Item, from one hundred to v C, Florens .x. shil.
- Item, from fyue hundred to a thousand, so that it doth not comprehend [Page] ye iust sūme of a thousād .xx. shil.
- Item from one thousād florens, to a number of thousands for euery thousande. i. floren.
- ITEM for all transactions so ye instrument be made in fauour of both the parties, & of the goods in which both the parties haue right, namely that the goodes doe not a mounte to M. florens. v. shil.
- FOR all quittaunces and summes of money, and other thynges amoūting to a C. florens. i. shil.
- From a hundred to a thousande florens. v. shil.
- From one thousand vpward .x. shil.
- For all quyttances in matters of controuersye or others. iii. shil.
- FOR all resignacions and releases to be payd after the forme of sales, according to the sūme of money.
- FOR all Ratifications. iii. shil
- [Page 64] FOR al bargaines for time. iii. shil
- For al bargeines perpetual. v. shil
- FOR all testamentes amount inge to v. C. florens. v. shil.
- Item from fyue hundred, to a M. Florence .x. shil.
- Item, from one thousande vpwarde. v. Florens
- Item, for all clauses of testamentes accordynge to the valuer and tare as the summe amounteth, to be payd as the Testament.
- ITEM, for all compromises. iii. shil
- ACCORDES pronounced and broughte by wryttyng briefely. iii. shil.
- FOR all exchaunges. v. shil.
- VVHEN any will seale a bonde or obligation, for all suche obligacions or bondes to ye summe of a hūdred Florens, so that it doe not cō prehende the whole summe of the hū dred in paper or perchement. i. shil.
- [Page] From a hundred to a thousande. .v shil.
- Item, from a thousande vpwarde. x. shil.
- FOR al tutelles or gardyans shipes x. shil.
- for all Tutels gouernaūce. v. shil.
- FOR all abridgementes vnto the sūme of a hundred florens. iii. shil.
- Item from a hundred to .v. C. Florens. v. shil.
- Item, from fyue hundred to a M. Florens .x. shil.
- Item, from a thousand vpwardes. v. florens
- Item, those whiche shalbe made by the Seniorie vnto the summe of a thousande. v. shil.
- Item, from a thousande vpwarde. x. shil.
- Item, for the seale of the sayde commissions. i. floren
- [Page 65] FOR all ordinaunces between partie and partie. iii. shil.
- FOR all instrumentes of marriages, not compting of apparell, or iewells, vnto C. Florences. 3. s.
- Item, from. C. to. D. v. shil.
- Item, from. D. to. M. xx. shil.
- Item, from. M. Florence vpwarde, v. Florence.
- Item, donations to bee payde after the forme of testamentes.
- For all attestations of the probate of Notaries. i. shil.
- ITtem, for suche commaundementes. i. shil.
- Item, for instrumentes leuyed by commission. ii. shil.
- Item, for placettes vpon the requisitories, without the territorie. iii. s.
- Item, for burgeoys. ii. shil.
- Item, for atestation vpon the byrth of cytezins. iii. shil.
- Item, for licence passed by the counsell. iii. shil.
- FOR all supreme sentences vnto fyue hundred Florence .x. shill.
- Item, from. D. to. M. xx. shil.
- Item, from. M. vpward. v. Floren.
- Item, for al executiōs of ye same. iii. s.
- Item, for all protections, xx. shil.
- Item, for all transsumptes in fauour of priuate men. iii. shill.
- Item, for ordinaunces in the causes of marriages. iii. shil.
- ITEM, for all letters to leuye possessions and citations for eche, two shillinges.
- Item, for euerye witnesse in breife atestations, named in the same for the seale one shilling.
- Item, for commission to examine the witnesses, for eche. iii. shil.
- Item, for all citacions with requisitories, iii. shil.
- Item, for all letters for contumacie, i. shil.
- Item, for all letters called presice, two shillinges.
- [Page 66] Item, for all ordinaunces interlocutories vpon the accessaries, three shillinges.
- Item, for all sentences difinitiue vnto fyue hundred florence, iii. shil.
- Item, from. D. to. M. v. shil.
- Item, from. M. vpwarde. v. floren.
- Item, for al submissions. iii. shil.
- Item, for citations to appeare at the first appellation, ii. shil.
- Item, for ordinaunces vpon appellacions, iii. shil.
- Item, for sentences vpon the same appellations vnto. D. floren. v. shil.
- Item, from. D. to. M. x. shil.
- Item, from. M. vpward. xx. shil.
- ITEM, for all letters myssiues graūted in the fauour of any particuler straunger, ii. shil.
- Reserued the Citezins and Burgeses, whiche ought to pay nothing.
- [Page] THE keping of the sayd seale shal apperteyne to the firste Sendicque, and when he shall happen to seale any thing, the Saultier shall come and demaunde the seale, and also shal demaund of the Lieutenaunte, one of his assistauntes, or a Secretarie, to keepe hym companie, and whether he hath fewe, or manye he shall not take for the lesser sorte aboue. iii. shil.
- And yf the goodes be of greate importance. vi. shil.
Post tenebras lux.
❧Here foloweth the Proclamations, published by the sounde of a trompet.
BE it knowen to you, on ye partie of our most redouted Seniour Sendicques, and counsel of this citie of Geneua.
Where as here tofore on the partie of oure moste redoubted Seniours and Superiours, there hath bene made manye statutes, defences, commaundementes & cryes, published conformed and drawen furth accordyng to the worde of God and his holye lawes, and yet by the instigation and craft of Sathan, and the malice of many wicked people, hauinge the same statutes and forme of holy and pure lyuing, haue despised, contempned, mocked, and set at noughte the Magistrates, the Ministers of the worde, and the holy worde of God it selfe, so that the obseruation of the same lawes and commaundementes bee restrayned, put [Page] backe and hindered by certaine malignaunte and wicked persons, and the right course of iustice letted and hindered, so that many troubles and greate offences be happened, so that vice and synne so increase, that with good right we can not loke but for ye iudgemēt & wrath of god for such ingratitude. Now, for as much as god by his singuler grace, hath so holpen in troubles, yt the principall authors of such iniquitie haue bene reuealed, and putte by their purposes and intentes, by the whiche they haue purposed to doe hurte, for the which we all ought to render most hartie thankes to god, humbling our selues before him, preuenting his deuyne vengeaunce, in amendynge our lyues, hauntynge the sermons and preachinges of his most holye worde, reuerencynge the Iustices and Magistrates, obeyinge Gods moste sacred worde, lawes, and commaundementes. Wherefore our most redoubted Seniours willing from hence forthe to employ all their power and industrie, y• the honor of god may be mainteyned, [Page 68] the iustice to haue his right and true course. Now to all officers, Iustices, Citezins, Burgeses, inhabitauntes, and subiectes, of what estate or qualitie that they be, yonge or olde, men or women, lordes, maisters or seruauntes, riche and poore, doe charge and expressely commaund from henceforth to haunt & come diligently to the sermons of the worde of God, according to the proclamations heretofore made, to honoure and feare the Iustice, and Magistrates, to liue holily and peaceablye, to be obedient according to their duties to Magistrates, Fathers, Mothers, Lordes and Maisters, defending and inhibiting all blasphemie, dispisinge of god, and his ministers, dishonest wordes, vaine songes, dronckennes, dissollutions, erces, arrogancie, and insolencie, playes, or games, ydle runnynge from house to house, cutte or broydered hosen, chydinge, dissention, fyghtynge or braulynge, iniuryng of other, and all other thinges not lawful & contrary to y• holy word of God, & his cōmaundements, & the [Page] actes and proclamations heretofore made, the whiche expressely we the saide Seniours, will and commaund to bee put in execution, and againste the offenders and repugners of the same of what estate, maner, or condicion so euer he be, to procede by punishment, correction, and iustice, wt out sauour, ayde, or support, whatsoeuer it be: to the ende that the honour of God maye be mainteyned, & aduaunced, and his wrathe tourned from vs, his iustice feared and reuerenced, and generally to lyue as the people of god ought to lyue, and that the good policie and tranquillitie of the common mighte be obserued and mainteyned, as far as god will geue his grace, vpon peyne to incurre the indignation of our moste redoubted Seniours Sendicques, and counsel, as their affectuous desire willeth, & intent emporteth, of the which euery one ought to be aduertised.
Made and passed in the counsell vnder the common seale of the foresayde Seniours.
¶Published in Geneua by the sound of trompet after the accustomed maner, decreed in the counsell, hopynge for better god willing.
LET it be knowen to you by the commaundement of our redoubted Seniours Sendicques, & coū sell of this citie, yt euery one ought, & is bound to come to heare the worde of God, principallye vpon the Sondayes, and the dayes of prayer, and other dayes, when they maye haue time and leysure. Also that euery one ought and is bounde, to gouerne and guyde him self after the same instructions, vpon paine to be reprehended by iustice.
Item, that all men oughte and are bounde, to sende their children to the Cathechisme, for to bee instructed, that is to say, those which be of age, and haue knowledge to lerne, vpon pain to loose when they shalbe found lackyng. iii. shil.
Item, that none shall be so hardye to swere by the name of God, vpon payne for the firste tyme to kisse the grounde: and for the seconde to kisse [Page] the grounde, and thre shillinges: for the thirde tyme thre score shillings, and three dayes in prison with bread and water: for the fourth tyme to be depryued, and banished the towne for a yere and a daye.
Item, that none shall blaspheme the name of god, vpon payne for the first time to kisse the ground, & foure and twentie houres in prison, wyth breade and water, and. v. shil: for the second, to kisse the grounde and two dayes in prison with breade and water, & x. shil. For ye thirde tyme, to be put in prison thre dayes with breade and water, and xxiii. shill, and otherwyse to bee punished, and chastised accordynge to the extremitie of the facte.
Item, that none shall renounce, despyte,A vyle custome amonge the Frenche nation. or maugre God, vpon payne of amende honourable, wyth a torche in hys hande, and in case that anye doe rebell or repugne agaynst suche good statutes and ordinaunces, that he shall ouer and besyde the sayde payne and punyshement be put in prison thre dayes.
[Page 70] Item, that none shal playe, or run ydlye in the streates, durynge the tyme of the sermons on Sondayes, nor daies of praier, nor to open their shoppes durynge the sermon tyme, vnder payne withoute anye fauour. fyue shyllinges.
Item, that none shall playe at any maner of game, for golde, siluer, or money, vnder payne of three dayes imprisonment, and lx. shill.
Item, that none shall make, nor cause to be made or imprinted, neyther to buye, nor sel, cardes nor dyce, or anye papisticall thinges, concernynge the arte of pryntynge, nor other thynges, contrarye to the bolye christian reformation, vnder payne of the losse of the marchaundise, and thre score shillings.
Item, that none be hardy to committ whoredome, or fornication, eyther to be droken, to runne ydlye about, loosing their tyme, nor runne awaye from their maisters, or from their occupatiōs, but y• euery one shal be occupied & traueil in his vocation according to his qualitie, vnder paine [Page] to be punished by iustice, accordinge to their demerites, and made an example to all others.
Item, that none be so hardie in no maner wise to practise or procuer secretly or openlye, to abolishe, stoppe or hinder, the preachinge and seruice of god and of his holy gospell, nor to aduaunce set furth, or bring in anye maner of papisticall law or doctrine, vnder paine to loose his lyfe.
Item, folowinge the same statute passed in the generall counsell, that no maner of person dareth, or bee so hardye, to moue, speake, practise, or procure, to solicite or vse anye meane what so euer it be, to alienate, transport or chaūge in any maner of wise, the Seniorie, and principalitie, and state of Geneua, otherwise then God hath ordeyned it, and as it is at this present, but that euery one according to his power ought and is bounde to mainteyne the libertie and fredome of this citie, vpon payne to lose bodie and goods.
Item, yf any do perceyue any maner of conspiracie, or practise, against [Page 71] the sayde principallitie, or againste the worde of God and his holye gospell, that he ought and is bounde, to come incontinent to the Seniorie, to reueale and declare it vnder the payne aforesayde.
Item, that none say, or do, nor contract or put in vre, anye thing without the citie, which he dareth not do nor speake within the same, concerning the worde of God, and his law, and the reformation of his gospell, vpon payne to be punished according to his demerit.
Item, that no man of what estate, qualitie or condicion so euer he be, dareth be so hardie to make, or cause to be made, or to weare, hosen or dooblettes cut, iagged, embroydred, or lyned with silke, vpon payne to forfeyte .lx. shill.
Item, that none bee so hardye to misname, or report euill of the princes and magistrates, vpon payne to be put in prison, and chastised according to equitie and iustice.
Item, that none bee so hardye to speake euil, or misname, or slaunder, [Page] the ministers of the worde of God vnder the same payne.
Item, that no maner of personne of what estate qualitie or condicion soeuer he be, shall not take or ioyne vnto him anye suspect person or of euyl lyfe nor vacaboūds what soeuer they be, but such people that haue no meane to lyue shall withdrawe them selues within three dayes next folowing, vpon paine to be chastised according as the case requireth.
Item, that none shall let any maner of house or chamber to anye vnknowen person, without lycence of the Seniorie, and their captaine or dyzener, vpon payne to forfeyte for euery tyme, lx. shil.
Item, that none bee so hardye to walke by nighte in the towne after nyne of the clocke, with out candell lighte, and also a lawefull cause, except those whiche bee appoynted for the watche, vpon payne to bee put in prison thre daies and to pay, lx. shil.
Item, that euery one according to his qualitie & power ought to be furnished wt armour & weapon, & to bee [Page 72] obedient to his capitaine, lieutenant and dizener and other officers appointed for the affaires of the warres vnder paine of thre traictes with a cord.
Item, that none shall forsake [...] citie, to serue anye foreyne prince in his warres, withoute lycence of the Seniorie, vpon payne of the indignation of the sayde Seniorie.
Item, that none of what estate or qualitie so euer he bee, dareth bee so hardye to oppropriate to hym selfe that whiche is common, vpon payne to bee punyshed according to the exigent of the case.
Item, that no straunger shall sell any marchaundise, but vpon the thre market dayes openly, and in the common places, vpon the payne comprised in the texte of the fraunches.
Item, that no maner of person transport or cary out of the citie any maner of buyllion, excepte he haue fyrste presented it to the maister of the mynte, vpon payne of losse of the sayde buyllion, and for euerye tyme so doing, to forfeyte three score shillynges.
[Page] Item, that none shall bye nor contract with anye of the citie, beinge within the age of .xxv. yeres, without the licence of his Tutour or Gardein appointed for the same, vpon paine to loose the money delyuered, and the contracte to be voide, and to be reproued by iustice.
Item, that no maner of persons, what so euer they be, shall singe any vayne, filthye, or dishonest songes, neither daunce, or make maskes, mummeries, nor any disguysinge in anye maner of wyse, vpon payne to bee put three dayes in prison, with bread and water onely, and for euetyme .lx. shill.
Item, that none bee so hardye, but expressely defende generallye ye none do outrage, iniurie or wronge, to another in any maner of wyse, nor also to moue or raise vp, any rumour, chiding, brauling, stryuing, questions, or debate, in no maner of wise what soeuer it be, vpon payne of .lx. shill. and to be put in prison & punished accordinge to the demerit and exigent of the case, by ye extremitie of iustice.
[Page 73] Item that no cittezen burgeoys or inhabitaūt of this citie of what estate qualitie or condicion soeuer he be hauinge house or housholde resydent in this citie, dareth be so hardye to goe from henceforth to eate, or drinke, in anye tauerne,Note. Celler, shoppe, in anye maner of wyse: and also that no hosts nor Tauerners shall geue to eate, or drinke, any of the aforesayde citezens burgeois or inhabitaūtes, vpon paine for euery tyme thre score shillinges, payable as wel for ye hoste as ye other.
Item that euery notarie sworne to this citie ought and is boūde to cause to be sealed all and singnler publique Instrumentes, which he shal receyue accordinge to the ordynaunces of the towne, and make expedicion to the partyes vpon payne for euery tyme, three score shillings.
Item y• none doe producte to helpe him selfe with anye iudiciall acte, ordinaunce, letters, patentes, nor publike instrumentes, made and set forth in this citie, excepte they be first sealed vpon paine of .lx. shil
Item that al notaries be sworne to [Page] this citie ought and are bounde in receyuinge the Instrumentes of anye thinges recouered, dilygently to enquire and knowe of the parties what title, or by what meanes, they come by those goodes of which those instruments be made, and to reueale it, and bring the designacions of all such instrumentes, which by them shalbe receiued into the hādes of the Seniors, committed for the chamber of accomptes for this citie, euery thre monethes, vpon payne for euerye tyme .lx. shil.
Item that euery one is bounde to reueale vnto oure moste redoubted Seniors, all those persons, which they shall perceaue or knowe, to be offenders against these present ordinaunces and proclamacyons, of oure most redoubted Senyors, in all or in anye maner of parte, vpon payne to be reproued by the othe whyche they owe to the towne.
¶Made and passed in the ordinarie counsell of Geneua.
WE let you to weete on the partie of oure most redoubted Seniors Sendicques, and counsel of this Citie, for as much as here to fore manye statutes edictes and lawes hath bene published, & proclamacions made and reiterated, to incyte and moue al persons the better to frequent the sermons and to praye vnto god in the churches and commō assembling: neuertheles seing that this hath not had such effecte, as hath bene desyred, and of the contrarye parte, that god doth nowe geue vs suche warning and admonicions as all men may see, therfore let al people of what estate & condicion soeuer they be, haue a better respecte to doe their duetie, then hath ben here to fore, and from henceforth not to dispyse the commaundement which is geuen vnto them: yt is forasmuch as god by ye great troubles, seditions, & warres, which is nowe rissē all moste ouer al, doth solicite, moue, and styrre vs, to retourne vnto hym, and to humble oure selues before hym, for as muche as the daungers be not farre from vs, and on the [Page] other parte the enemies of the gospell shewe them selues more vehement and more enuenimed and cruell than euer was sene, to extermynate & rote oute the true and pure faithe, and religion of Iesus Christ.
Therfore to the ende that all maye be diligent to come to the preachings, to frequente and haunte the prayers, to cause their familie to come thereto to be exhorted, to preuent ye scourges of god, which be very nere vnto vs as we maye see excepte he haue mercye vpon vs, and that this may be contynued vntyll suche tyme as we maye perceiue that al doe obey with a good affection vnfeynedlye, vpon payne to be noted, punnished, and chasticed, as rebelles, contempners of god, and dispysers of hys commaundements, and the Seniorye.
Item especyally vpon the wednesday, which is ordeyned for the daye of extraordinarie praier, that al workes set aparte, as well the heades of housholdes, as theyr families, shall assemble them selues to heare the worde of god, and those which haue housholdes [Page 75] shall so parte the howers y• they may be al, eyther at the first or seconde sermon, there to call vpon god with one accorde, that he wolde haue pitye vpon vs, and take vs into his sauegard, and retourne from vs all those daungers, whiche other wise be nere vnto vs, vnder the said paine.
Item generally that they praie vnto god, and cause their famylies and householdes to praye with them, that he will haue pitye of his churche, and of thys common welthe, and that it may please him to fortifye vs in these daungerous times, and tourne away from vs those daungers of warres & troubles, which be prepared agaīst vs.
Item that al citezens, burgeois inhabitauntes, and continuers here y• be able to beare armure, oughte to be ready furnished & appointed throughly with armor and weapon, according to their power, preparing themselues to lyue and to die for the defence and maintenaunce of the holy reformacion and euangellicall doctrine, which god hath geuē, and also for the libertie of this common welth.
[Page] Item that all shal be readye & prest incontinent at the soūde of the great bell, be it by daye or by nyghte to be founde in his place and quarter, vnder their Captaine and dizener, or other wise when they shalbe commaunded by the Seniorie, vnder ye paine of their indignacion and displeasure.
Item, that al, as wel inhabitaūtes as other that be passyngers, whyche haue not made their othe before the Seniorie, and haue not lycence to inhabyte and continue in this citie, shal retyre them selues and departe within thre dayes vpon payne to be put in prison and chasticed as rebelles.
Item that frō henceforth no hostes nor hostesses, nor other of this Citye, whatsoeuer they be, shall not receaue vnto them anye straunger or passanger, nor to kepe him aboue two nights in their houses, nor procure them lodging in anie other place, withoute demaundinge leaue expresslye of the Senyorye, vnder payne of three dayes impirsonment and to paye thre score shyllynges for amendes.
¶Made and passed in the ordinary counsell of Geneua.
[Page 76] ¶Another proclamacion.
BE it knowen vnto you on the part of oure most redoubted Seniors Sendycques, and counsel of thys Citye, that the aduertysementes, whiche contynuallye be geuen by the preachyng of the worde of god, oughte well to suffyce and to contente al people, as wel men as womē to vse themselues in all modestye, honestye, and temperaunce, and to walke christenlye in dedes, wordes, and gesture, as the holye scripture teacheth vs: neuertheles experience teacheth y• contrary, that is to saye, many by excesse whiche they doe commyte in meates, drinkes, and apparell gyuing offence to other, and small apparaunce of any good reformacion, for some there be whych so doe seeke theyr owne pleasure, that it semeth they are determined to preuerte the order of nature, to satysfye theyr owne pleasure and dissolunes, muche excedynge the superfluytie of the panyms and infydelles, whyche is intollerable [Page] amonge Christianes, for these causes oure most redoubted Seniors hauing here before preuented other excesses, and vyces, by statutes and proclamacions, for ye reformacion, profite, and welth, and the greater aduauncemēt of this common welth, and principally to the honour and glorye of god in the same, and being stedfastly purposed and with deliberation, to prouide firmely and dilygently for the obseruacyon of the same, haue nowe once againe, aduised to prouide for ye aforesaid excesse, to the ende that by repentaunce, and amendement of lyfe, the wrath of god comming vpō vs which we worthilye haue prouoked, may be forseen and tourned from vs. In consideracion of their parte it is expresly forbidden and defended to all and euery one of what estate qualitie and condicion soeuer they be, yt they shall not commyt anye excesse in meates, or drinkes, be it at mariages, bankettes, feastes, or other wyse, whether in apparell or clothing: but euery one ought and is bounde in these cases to beare hym selfe modestly, and clothe [Page 77] him selfe honestly, soberly, and simply according to his estate, vpon paine of three score shillinges for euery tyme when it shalbe knowen they doe the contrarye, and moreouer those that doe perseuer and continue obstinate and rebellyous agaynst thys proclamacion, to be chastyced accordinge to their demerytt.
Item, that no manner of person of what estate qualitye or condicion soeuer they be, men nor women, shall weare any chaines of golde or siluer, But those wt haue bene accustomed to weare them, shall put them of and weare them no more after thys proclamacion, vpon paine of three score shillings for euery time.
Item that no women of what qualitie or condicion soeuer she be, shall weare anye verdugales, golde vpon her heade, coifes of golde, billimentes or suche like, neither any maner of embroiderie vpon her sleues, or other apparel▪ vpon paine for euery time three score shillings.
Item, that no maner of person of what estate condicyon or qualitye so [Page] euer they be, men or womē, shal weare aboue two Ringes vpō their fingers, sauing that vpon the day of their mariage, they maye weare more, And the daye after likewise: vpon paine for euery time thre score shillinges.
Item that no maner of person what soeuer they be making brydales, bankettes, or feastes, shal haue aboue thre Coorse or seruices to the said feastes. and to euery course or seruyce not aboue fower dishes and yet not excessyue, vpō paine of thre score shillings for euery time, frute excepted.
¶Made and passed in the ordinarie counsell of Geneua.
❧Enstructions to gouerne Christian householdes, and principally Innes, tauernes, and victuallinge houses, in Geneua.
WHAT so euer he be that shall receaue people in to his house, let him gouerne him selfe pryncipally accordinge to the worde of god, and al other persons whiche shall resorte to [Page 78] him, he shall instructe them to liue holily according to the same, and also to enstructe his housholde in the feare of god and his commaundementes, gouerning al his affaires reasonablie & keping his house in good order.
Also that he lodge not wythin hys inne by his knowledge any people of of a wicked lyfe, as whoremongers, herlottes, drounkerdes, murderers, theues, sorcerers, heretikes, nor such like, & suffer not within hys presence the name of god to be blasphemed, nor vnreuerently to dishonour god by naming the deuil, nor yt the sacred worde of god be in no wise slaūdered or blasphemed: & also not to be forgotten to render graces and thankes to god before meate and after. Also not to doe in any case to others that thou wouldest shoulde not be done to thee remē bring that thou must make accompte to god for all thynges: also lodge thy people well and safely, and call vpon god wyth all thye compaygnye before they goe to bed, and make their prayers.
Sel reasonablie, & compte faithfully, [Page] discharging thy conscience before god suffer no wicked plaies, nor vnlawefull games, but mainteine & aduance the honour of god, excercising ye reading of his holye worde, kepe no excesse in table, meates, and drynkes, neyther vse ouer late drynkinge, or bancketing, walke vprightly in veritie, and truth, in all thy affaires, folowing Iesus Christ and his holy doctrine, thus doing the lord shall ayde thee, and in the tyme of nede shall not faile thee.
❧Other proclamations published by the sounde of a trompet, the .xxviii. daye of Februarye, and the .xxv. day of March, the yere of our Lord God .M.D.LX.
BE it knowen on the behalfe of our most redoubted lords Sendicques and counsell of this Citie, that euery person, oughte and is bounde to come to heare the worde of god,That is wednsday and fridaye. principally vpon sondaye and the dayes apointed for prayer, and at other times whē they may haue laisour, and that euery person shall gouerne and rule them selues accordinge to the same vpon payne to be reproued by iustice.On sondais at after none
Item that euery person shall sende their children and (such as be of age) to the cathechisme there to be instructed and taught vpō paine of thre shillinges when they shalbe founde lackinge.
Item, that all suche as come with ye children to baptisme, shalbe there assistant and to heare the sermon, vpon payne of .lx. shil.
Item, that no maner of person doe plaie or run Idely aboute the stretes during the time of the sermon, vpon [Page] the sondayes, nor none to open their shoppes vpon the sondayes or dayes of praier, during the sermon time, vpon payne of fyue shillinges withoute anye pardon.
¶For children.
Item it is commaūded to euery person of what estate soeuer they be, to fetche home their children, be it sōnes or daughters that they haue, or maye haue in the papisticall countrey: and it is expresly commaunded and defended yt from henceforth they send none thether, nor suffer any to goe thether accordīg to the cōmaūdements heretofore geuē in yt behalfe: vpō paine to encur the indignaciō of oure aforesaid lords & counsel.
¶For swering.
Item that no maner person be so hardie to swere by ye name of god, vnder payne, the firste tyme to kysse the groūde, the second to kisse ye groūd & to pay .3. shil: for ye third to pay lx. shil. & .3. daies in prisō wt breade & water, & for ye fourthe to be banyshed ye towne for a yere & a day, according to ye commaundementes heretofore giuen in that behalfe.
For blaspheming.
Item y• no maner of person doe blaspheme [Page 80] ye name of god vpō payne, the first time to kisse ye groūd & 24. houres in prisō wt bread & water & to pay fiue shil: for ye second time to kisse yt groūd & two daies in prisonmēt wt breade & water & .10. shil: for yt third time to be imprisonned .3. daies wt bread & water & lx. shil: & further to be pūished & chastised accordīg as y• case requireth. Item ye no maner of persō doe renoūce or dispit god, vpō paine of a great fine & to stād wt a torch ī his hād, & if any doe resist these ordinaūces, yt besyde ye same paine or forfeit to be imprisoned and chastised accordinge as the case requireth
¶For playing or gaming.
Item yt no maner persō do play at ani maner game for money vpō payne of lx. shil. & .3. day imprisonment.
¶Against printing or making of cards & dies.
Item ye none do make or cause to be made or printed either to bye or sell cards, dies or any other papistical thī gs, ye be imprinted cōtrary to the holy christiā reformaciō, vpon paine of lx. shil. & losse of the marchandise.
[Page] Item that no maner of men shall goe to the bathes or stoufes appointed for women, and also women not to goe to those that be appointed for mē vpon payne of .lx. shillings for whosoeuer shalbe so founde, and asmuche for ye maister of ye stoufe for suffrīg it.
Item that no manner person doe sing anye vayne dishonest or rebaudye songs, neither to dance, nor make masques, or mommeries, or any disguisinges in no maner or sort whatsoeuer it be, vpon paine to be put thre dayes in prison with breade and water and .lx. shillynges for euery tyme so offendyng.
¶For reuerent vsing of the magistrates and ministers.
Item that no maner person doe misname or raylle vpon the prynces or magistrates vpō payne of imprisonmente, & to be further chastisied according to the factes.
Item, that no maner person doe misname or raylle vpon the mynyster of the worde of god vnder ye same paine.
Item, that no maner of person of what estate soeuer he be, shall in no [Page 81] maner of wise procure nor practise secretly or opēly to abolishe, let, or stop, or cause to hinder ye worde and seruice of god and his holy euangelly, neither to aduance or bring ageine the papisticall lawe, vpon paine of death.
¶Against dissolute and wicked behauiour.
Item yt no maner of person be so hardy to vse whoring, drōkenes, or rūne idely by ye streats, or to spend his time folishly, or to wtdraw them selues frō their occupaciō or facultie, but y• euery persō shal trauaile & be occupied in his vocaciō, vpō paine to be pūished by iustice, accordīg as ye case requireth.
¶For the preseruacion and liberty of the citie.
Item that no maner person (accordinge to the acte made by the whole counsell) shall or dare be so hardye to speake, practise, moue, procure, or vse anye meanes whatsoeuer it be, touching alienation, change or alteraciō of ye seigniory or gouernement of the state of this Citie of Geneua, otherwise then god of his goodnes hath ordeyned, and is established at this present, but that euerye person doe hys endeuour as he is boūd, to mainteine [Page] the holy euangelycall reformacion, ye liberties and Franchises of the citie, vpon paine to losse body and goodes.
Item yf any doe perceyue any maner of practyse or conspiracie against the principalite of this city, or against the worde of god, and hys holy Gosgelly that he is būnde to come and reuele it incontinent vnto the lords of ye councell, vpon the said paine.
Item that no maisters of craftes, or prentises, of what occupacion soeuer they be, shalbe so hardye to gather or make any vnlawfull assembly, neyther to vse from henceforth anye maner of ordinances or statutes heretofore made amonge their companyes, but that they shal first present & shewe them to the lordes Sendicques, to be reformed by them according to their discrecions, vpon paine to forfeyt for euery tyme offēding .lx. shillings and otherwyse to be punished as the case shall require.
For brauling and scolding.
Item it is expresly defended, & forbidden, to euery persō perticuler, and to all ingenerall, to braull, skolde, misname, slaunder, or sturre vp anye rumours or false tales, either to quarel, or doe wronge to any person, vpon payne of imprisonment and to be further punnished accordynge as the case requyrethe, wyth the extremitie of Iustyce.
¶For tauarnes.
Item that no citezen, burgeoise, nor inhabitant of this Citye, of what estate or qualitie soeuer he be, hauing a householde or residence in the same, shall from henceforth eate nor drinke in anye manner tauerne, seller, nor cabyn whatsoeuer it be, nor any hosts hostesses, nor tauerners shall geue to eate or drynke to anye of the sayde Citesyns, burgeoyses or inhabitants vpon payne of .lx. shillynges, for euery of them, and for euery tyme to be payd aswell by the hostes as the geestes, as is aforesaid.
¶Against daunger of fier.
Item, yt no maner person doe beare any candell light, into anye stabyll, barn, or grange, or anye place where lieth wood, coale, or strawe, where is daunger of fyer, excepte it be with a lantarn, vpon payne of .lx. shillinges for euery tyme.
Item that no maner person doe shute of anye handgun, harqueboushe, or dag, within the walles of the citie vpon the same payne.
¶For suspicions and suppressing of suddein tumultes.
Item that all citezens, burgeoises, and inhabitantes shall take diligent hede aswell by night as by day (euery man for his owne parte) for al maner of goers or commers, and in thys behalfe euery one hath aucthorite, to examine any suspected persō, and to discouer and reuele them to the lords.
Item that no person shall take to them anye maner of person suspected of anye euell-conuersacion, or vagabondes whatsoeuer they be: but such as haue no meanes to liue, shal depart within thre daies folowing.
Item when nede shall require eyther [Page 83] for fier, commociō, or other trouble that euery man, shal incontinent repaire to his quarter armed with his armour and weapon, vnder the commō officers appointed for that charge by the lordes, vpon paine of ye indignacion of the aforesaid lordes.
Item that no straungers which haue not geuen their othes to the lordes, and be not inhabitantes in the towne when such case shall happen (from the which god defend vs) shal not be foūd in any place abrode in the towne, but being abrode shall incontinent retire into their lodging, vnder the custody of their host, vpon payne being found to be imprisoned, punished & chastised corporally, and otherwise at the discrecion of the aforesayd lords.
¶Diuers other good ordinaunces to be obserued aswell of inhabitauntes as passingers.
Item that all persons aswell inhabitantes as passingers and straūgers which haue not geuen their othe to ye lordes, nor haue licens to dwell and kepe house in the towne, shall retyre within three daies, & depart ye towne [Page] vpon paine of imprisonment and to be chastisyd as rebells.
Item, that no citezen, burgeoise, or inhabitant of this city, of what estate soeuer he be, shall lodge nor take into their houses any straungers whatsoeuer they be, neither let them anie house, excepte fyrste they haue giuen their othe to the lords and be receiued inhabitāts, hauing to shewe ye letters & seales of our sayd lordes, vpon paine of .lx. shillings for euery tyme yt they shalbe found lodging, or receyuing or letting houses to any, cōtrary to these present proclamacions, and further to be punished and chastisyd as the case requyreth.
Item yt no maner person shall kepe any Inne, tauerne, or seller, neyther to bake breade to sell, except first they be admitted by ye lords, with licence to set vp a signe, vpon paine to be punished accordingly, and beīg receiued they shal sell oute their wine to euery one for theyr money.
Item that from henceforth no hoste, nor hostesses, or any other of thys citie, whatsoeuer they be, shall receyue [Page 84] anye trauayler, or passanger, to kepe hym lenger then two dayes, nother procure them lodginge in anye other place, withoute axing licence of the lordes vpon payne of thre dayes prisonment, and to pay a fyne of lx. shillinges accordinge to the former proclamacions.
Item it is commaunded to al hosts and hostesses that euery day they shal come, and reuele or declare to ye lordes al such gestes as doe come into their houses, and declare their names and surnames, and from whence they doe come, and thys to be done the same tyme they doe come, or incontynent after.
Item the said hostes and hostesses, shall take all suche armours as their gestes haue, as shertes of Maill, gons or pistoletes, and to kepe them vntyl they depart, and to bare them, but only their swordes.
Item, yf anye suche gestes shewe them selues obstinate, that incontynent the hoste doe declare it to the lordes, that they maye take order therin accordingly.
[Page] Item, that all hostes and hostesses shal aduertyse their gestes and expresly forbyd them, not to be oute of their lodging, after ye trompet soūde to the watch, or ringing of the bell (whiche is at .ix. of the clocke) vpon paine of ye indignacion of the aforesaid lords.
Item that no straungers be founde vpō the towne walles, eyther olde or newe, neither vpon the rampares or towne ditches, but shall walke on their waye directly, and doe that they haue to doe in the towne, vpon paine aforesayd, excepte in those cases the sayde straunger be lycensyd by vs the lordes Sendicques.
Item that all hostes & others, shall make their prayers to god and gyue thankes before meate and after vpon paine of .lx. shillings, & for euery time being foūde or prouid, and if ye hostes or hostesses be founde negligent and not doyng it, to be punished furder▪ as the case requireth.
¶For stretes and common places.
Item that no maner person shal enclose or appropriat to hym selfe any parte of the common or streate, vpon [Page 87] payne to be punished as the case requireth.
Item, that whosoeuer shall fynde anie thinge that is lost, not knowing the owner therof, to bring it to ye common cryer, appoynted by the lordes, who shal bringe it incontinent to the sayde lordes, they to kepe it vntyll he that oweth it shall haue knowledge therof, and to render it againe, vpon paine to be punished as it foloweth.
Item that none shall kepe within the city nor limites of ye same, gootes, Hogges, or Gese, vpon paine of three shillinges for euery tyme.
Item that none shall bie any victualles or marchandise in the strete of ye citie, nor folowe those that bye them to any such entent, but shall bie them in the accustomed market places, vpon payne of fyue shillinges, and losse of the things so bought.
Item that no such as doe bie victualles to sell againe within the Citye, shall bie any victualies, before .xi. of the clocke, nor in ani other place then in ye common market places accustomed for the same, vpon payne of fyue [Page] shillinges, and losse of the thinges so bought euery time.
Item that no victuallers doe bring into the towne, any maner of victuall, and especially chese, butter, & fyshe, yt is not lawfull or good, neither to vnlode the same, but in ye market places appoynted for that purpose, vpon paine of fyue shillynges and losse of the goodes.
Item that no person shall enter vp on an others bargaine, nor come betwene hym and the seller, to defeate hym of hys bargayne, vpon payne of fyue shillinges for euery time.
Item that no baker, cooke, miller, or anye that selleth againe, shall bye nor cause to be bought anye corn, vntyll it be .x. of the clocke, the prise beinge set by ye offycer, as the maner is, vpō paine of fiue shil. for euery tyme.
Item, that all corn that is to be solde, which shalbe brought into thys Citie, shalbe solde at the next market place to the gate, that it commeth in at, and shall not be caryed to anye other market, nor sold by the way, vpon paine of lx. shillinges.
[Page 86] Item, that vpon the corn markets, the byer nor seller shal not be arrest [...]d for cyuyll matters, nor commytted prisoner, from thence.
Item, that no butcher shall sel any fleshe, but vpon those market places appointed for the same, vpon paine of lx. shillinges for euery time.
Item that none doe brynge anye infected or corrupted fleshe vpō paine of .lx. shillinges & losse of the things.
Item that no person doe sell anye fleshe, before it be sene and tared by ye clark of the market, appointed by the lordes after the accustomed maner, vpon payne of .lx. shillinges and losse of the fleshe.
Item the sayde fleshe to be sold by iust & true weights vpon payne yt he that shalbe founde wyth false weyghtes, to pay .lx. shillinges, and to be chastyced for desceyt and falshode.
Item, that no butcher sell the heades of anye beaste by wayghte, nor yet by peice mele, but whollie and by estymacyon, vpon the payne aforesayde.
[Page] Item that no butcher doe dysguyse hys fleshe, of oxen, steres, kyne, shepe or other bests whatsoeuer they be, neither to cut in peces the kyne to make thē seme to be oxe beffe, or stiere beffe, nor to conterfaite any maner of fleshe to make it seme other then it is, vpon payne to beare a torche in his hād thorowe the Citie with the sayd pieces vpon him, and to be depriuid from the exercyse of butchery for euer.
Item that no butcher doe choke any best to make the bloude to staye in the fleshe, neither to sell any bloude from Maie to September.
Item that euery person shall kepe iust and true weightes and measures vpon paine to be reproued and chastisyd for deceyt, according as the case requireth, and to paie fyue shillinges to him that reuealeth it.
Item that no maner person shall contract or bargaine with anie of the towne which is vnder the age of .25. yeres, wtoute licens of hys gouernor apointed for him, vpon payne to lose the money delyuered, the bargaine to [Page 85] be frustrate, and to be reproued by Iustyce.
Item that al commyssaries hauing charge, dizeners and other officers of this citie shall diligently take hede to the execucion and obseruaciō of these present proclamacions, euery one in his quarter, wtoute fayll, vpon paine to be punished as the case requireth.
Item that none doe enterpryse to doe, saye, nor contract anye thynges oute of this Citye, that he dare not doe or saye wythin the same, concerning the lawe of god and reformacion of the Gospell, vpon payne to be punnyshed, accordynge as the faulte requyreth.
Item that euery person is bounde to reueale to the Magistrates all such as they doe know to be offēders ī any of these present statuts either in part or in the whole, vpon payne to be reproued vpon the othe that they haue made vnto the Citie.
Item that no maner of person doe contemne anye of these present ordinaunces or statutes of oure aforesayd [Page] lordes Sendicques, neyther doe absent themselues, nor departe yt towne but to appeare when they shalbe lawfully called, eyther in their persons, or by some of thers, or their householde, vpon the losses and confiscacion of their goodes, and further punnyshement whan they shalbe apprehended.
¶For the knowledge of their coyne or money.
Note that the shilling named here in this boke, is but a souce of their money, whreof three make foure pence of ours.
A deniere is noted thus (d) ix. of them make but a peny of oure money.
A floren conteyneth .xii. souce which make .xvi. d. of oure money.
A Franke is .xxv. souce of theirs, which amounteth to ii. shillings ix. d farthing of our money
Printed at London by Rouland Hall and Thomas Hacket, the 16. of Aprill, in the yere of our lorde 1562.