A nevve order for Banqueroupts.
Imprinted at London at the three Cranes in the Vinetree by Thomas Dawson, for Thomas Charde.
1582.
A notable decree of the Lordes of the Parliament house of Paris, bearing date the 26. of Iune, 1582. Pronounced against William Buhigue, containing a punishment for Banquerouptes, namely the wearing of a greene Cappe or Hatte.
BEfore I come to the setting down of the sentence pronounced by the Lieutenāt of La val, one of the iurisdiction of the presidentall seat of Poytow▪ eyther of the confirmatiue decree of the Parliament house of Paris, ratifiyng the said sentence, I thought it good (gentle reader) in fewe wordes, to describe the part of a creditor towardes his debtor, as also the charge of a debtor towards him that haue been beneficiall vnto him by relieuing his want with his goods, whether [Page] goulde, siluer, or other commoditie, to the ende, by this briefe collection and aduertisement, each party may consider his office and duetie, and so, better late then neuer, reconcile himself to God and his neighbour, during his pilgrimage in this vayne and transitorie life, which being ended, our God will (as all men knowe) require an accompt howe euery one hath delt in his vocation and office, howe simple so euer it hath been, and in the latter day of iudgement, yeelde the rewarde due to his desertes, except by speedy repentance before the saide iudgement hee reconcile himselfe. For God being iust and perfect goodnesse, extendeth his mercie vpon thousande generations of those that vnfeinedly do loue him and obey his commaundements which he hath left, and willed his faithful seruants and Apostles to preach vnto vs, and punisheth only to the fourth generatiō such as of set purpose do disobey & transgresse his precepts, for more acceptable is obedience then sacrifice, & better it is to obey God then man. The part therefore of a [Page] creditor towarde his debtor, consisteth in lending vnto him that thing whereof hee standeth in neede, and which the creditor may wt least losse best spare, without looking for any amends, or requiring any reward for the time of the lone therof, therin putting in practise that Christian charitie, whiche by God and his Churche is taught in these wordes, Mutuum dantes, nihil inde sperantes, lend looking for nothing againe, together with many other places of the olde & new Testament, and Canonical & Apostolicall epistles, continued in the doctrine of many learned fathers of the Christian Church, both olde and newe, wherunto euery man is bound to conforme himselfe, in case he bee indued with any iot of iudgemēt, or beareth any dutifull affection vnto his saluation.
But such is ye malice of our dayes, yt creditors in their lending, will so greatly regard their owne commoditie, that if they lende, it shalbe to the ende, of their debtor to receiue double the value, as in deliuering but mean commodities, & to receiue again ye best: In deliuering of rie, oats, or [Page] barley, to claime againe pure and cleane wheat: either to deliuer their olde wines full of all sorts of dregs, yea for the most part soure or foystie, and agayne, to require that whiche shall bee newe and of a perfect good vintage.
They sel their clothes and other wares at a high and deere price, when in troth they be but litle worth, giuing their debtors so short dayes, as to their vndooing, they be forced agayne to sell them, yea for the most part by brokers to those of whō they first bought them, for little or nothing.
Others there are that deliuer foorth money, or other commodities from faire to fayre, from 3. monethes to three monethes, after ten in the hundred or more, to the vtter empouerishing of their debtors. To be briefe, the Diuell and his supposses in the shape of men, haue by their subtiltie inuented infinite kindes of vsury: wherewith like rauening wolues they still deuoure their poore debtors, that are driuen to submitte themselues to their faith and charitable courtesies, who [Page] in the ende are thereby brought to vtter beggerie, and vndoing without redemption, whiche is a wofull and lamentable cace. Yea, in the good townes and other places, eache one maintayneth those people, and cloke theyr offences, or at the least dare not speake of them for feare of being stunge by the like villanous vipers wherof the world is ful: for vsually those be the soonest preferred to honors and dignities whereof in trueth they bee vtterly vnworthy: therefore for those that are manifestly knowne to bee such letters forth of goodes, there were no reason theyr debtors shoulde incurre the sentence and decree hereafter rehearsed, especially when it is euident wherein the debtors haue by such rauening wolues and theyr detestable broode been circumuented, deceiued and entangled with debt vpon debt vnto the full valewe and extent of all theyr goodes. Oh poore, miserable, and wretched sheepe, who hauinge yelded fleze, skinne and fleshe, doe hardly reserue the bare bones, which rattle vp and downe the Cities, Townes, [Page] and villages, where they remayne within the reach of such wild & cruell beastes, as encroch vp the whole worlde.
Howebeit as suche debtors are by iustice, to be relieued and defended agaynst that kinde of people, who in euery Citie and towne do beare the whole sway both in wealth, honour, and dignitie, so muste we not therefore maintayne a number of subtill shifters, which vsing all fayre pretences & colourable flattering speeches, doe abuse and deceiue both here and elswhere, many well meaning marchantes, such as being of a franck, good, & vpright disposition do thinke that all others doe resemble them. These craftie conueyars by borowings reiterated and renewed ofter then neede requireth, and that in sundry places, and of diuers persons for feare of discrying, yea & in greater sums then their power or habilitie wil beare, one creditor nothing knowing of another, whē ye dayes of payment draw on, will not find wherwith to satisfie euē she smalest sum wherewith they haue bin holpen: but then to auoyde emprisonmēt, [Page] (therein counterfeiting the glutted and drunken Ape, which after drinke hoppeth vp & down) do leape from place to place, and according to the prouerb, come to set their tayles vpon the stone, which by law & iustice is appointed for the cession & deliuery of al their goods to their creditors, whom to the same intent, they cause to be summoned to the sight of that their miserable benefite: which interdiction of law, tending to the reliefe of the good & not to the boulstering vp of such fraudulent debtors, as are last mentioned, is founded vpō the edict of Orleance, though in that respect but simply executed throughout most part of this lande, where euery one indifferently, whiche seeketh to deceiue his creditor, is vpon his owne onely petition, admitted to the benefite of cession of goods, bringing in for the true value therof, no other witnesse thē himself can chuse among his friendes or fauourable neighbours, without other circumstaunce or solemmity, then during the sitting to assist & houlde plea barehead vppon the sayde stone.
[Page] Hereunto hath this court at this time had great & diligent respect, to the ende, hereafter to cutt off such shiftes and wicked dealings, for the reliefe of honest, and in deed charitable creditors, and therefore in confirmation of the sentence of the ordinarie iudge of Laual, haue decreed yt frō henceforth, euery one that will sue for ye admission, to the benefite of cession of goods, shall weare a greene Cap or Hat, which his creditors shall buy him.
And for this time, William Buhigue to beginne with the wearing of the same, which shall bee prouided him, by Marin the Monke, defendent and withstander of the saide cession of goods, to the ende, as well the saide Buhigue, as all other of his profession may be knowne, and the worlde thereby warned of his or their saide cession, which by the wise aduice of the chiefe president Thow, together with the graue, learned, & experimented Senators, his assistantes in the great chamber, who are not to seeke in the like cases practized among the Romans, and conteyned in their histories and secretes [Page] of lawe, is commaunded to be put in execution. This decree is taken a simili, namely of the auncient maner of the Romanes, practised vpon such as had incurred any great losse by lād or by water, as piracie, drowning, fire, or robbery, or any such like, as we may in these dayes terme those extremities, whereto our Master vsurers by meanes and diuises aforesaid, together with infinite others, enow, if a man shoulde stande vpon them all, to replenishe hole vollumes, doe reduce and driue the poore: whose practise at this time is so manifest, that there needeth no more but the princes commission, directed to faithfull officers, to make generall enquirie thereof, least they doe hereafter as horseleaches, euen sucke vp the marowe of the poore, and be drunken with their blood, yea the prince must vse them according to the sence of the Embleme, where standing with a sponge in his hande, and wringing out of euery drop of ye water therein, he giueth to vnderstand, that in like maner he is to vse al such as fil & enriche themselues with his treasure, or the [Page] substaunce of his poore commons, whom with their subtill slightes and practises, catching at their goodes, they wring as drye as a bone.
The Romanes I say, vsed playnely and at large to paint and set out the miseries, and inconueniences or losses, which such men had any way susteined, and thē to cause the party endamaged, to carry vp and downe this table, wherin his losse was portrayed vpō his shouldiers, wherby euery man might knowe his losse, and consider of his desert, and so if need were to relieue him, or otherwise to beware of committing to his hand that thing which he was not able to keepe or make accōpt of, as the satirical Poet Persius, and after him more at large his expositor Murmelius do rehearse. Vpon this ground haue this court at this present, in confirmation of this sentence of the aforesaide Iudge of La Vall of the iurisdiction of the seat of Poitow, determined and decreed that the Banquerupte William Buhigue shall from henceforth weare a green Cappe or Hat, at the cost of Marin the Monke defendant, [Page] vpon the alowance of his letters of cession, and that onely to the ende, the saide Banqueroupt may in all places be known, as were those mē at Rome, whiche carried vpon their shouldiers the picture of their mishap, whereby the people might afterward know thē: Such therfore is the excellencie of this sentence, that it deserueth confirmation throughout all this lande, against suche Banquerupts, as forcing them to weare a green cap or hatte, as a badge of their disorders, yea and to be for perpetuitie inserted into the very heart of the ciuill & canon lawe, also by vertue of the princes perpetual & irreuocable edict, for euer to bee ratified word for word, after ye order & forme of ye said decree and sentence, as followeth.
An abstract out of the recordes and ordinarie register of the court & Iurisdiction of La Vall.
BEtweene William Bughigue, prisoner in the castle of La Val, chalenger of the [Page] fite of cession of goods at this present, by his Atturney M. Francis Belangier Licentiate in the laws on the one part: and Marin ye Monke appealāt there against, personally and by his Atturney M. Iohn Sercoul, likewise licenciat in the lawes on the other part.
The parties heard, & the said appealant by his declaration, not able to proue any concealement of goods, as by him hath been into this court intimated, wee doe debarre and condemne in costes and damages, and in respect thereof, haue a merced him at fourtie shillinges tournois.
Moreouer, in as much as the sayde appealant, cānot produce sufficient cause why the saide Buhigue shoulde not be admitted to the said benefite of cession, our sentence is, that presently hee be dismissed out of prison, and so brought into this court personally to receiue the saide benefite. Herevpon the saide Buhigue, being come into the face of this courte▪ hath wholy resigned and made cession of all his goodes to his creditors, and acknowledgeth [Page] the whole sūme by this appealant demaunded, faithfully promising vpon the bettering of his estate, to satisfie all his creditors, and affirming that hee hath not any other goodes whatsoeuer, then what presently hee beareth about him. Also that fraudulently he hath not made conueyaunce of any away. In consideration therefore of the premisses wee haue, and by these presentes do grant the said benefite of cession vnto the aforenamed William Buhigue, as well for all summes demaunded, as for his lodging and fees.
Wee do also at the instance of the appealant, the Monke aforesaid, decree and ordeyne, that for the manifest knowledge hereof, the saide William Buhigue shall from henceforth in all places, and at all times weare a greene Cappe or hatte, whiche the sayd the Monke shall prouid [...] for him. Also that when, or wheresoeuer the saide Buhigue shalbe found without the sayde Cap or Hat, after that the aforesaide, the Monke shall haue made deliuerie thereof to him, it shall bee laweful [Page] for ye said the Monke, or any other his creditors to commit him to prison, commaunding our chiefe vsher, vpon reasonable requeste to see this our decree fully and in all parts executed according as is most requisite, and thereto do giue him full power and authoritie.
FInally, this court by decree hath disanulled al appeales here against, without costs or damages, and do ordaine that notwithstanding whatsoeuer appeale, the said sentence shall stande in full force and power.
Giuen in full plea the 26. of Iune. 1582.
Hereby it is euident that Annuells, Annuells & Quinquenelles are yeerely, and fiue yeerely protections for debts. Quinquennells, and cessions of goods ought not slightly to be graunted, or permitted to euery one that will sue for the same before a iudge, for the causes and considerations before mentioned: for Annuels and Quinquennels, are no other but the two steppes whereby debtors doe clyme to Banqerouptshippe, or cession of goodes; endeuouring by such deuises and priuiledges to defeat their wretched creditors of such commodities, as simply and on good faith they haue lent them. Also vnder suche clokes, shadowing their false intentes, and mayntayning their credites to the vttermost: which is an easie matter to doe, vnlesse the greene Cappe or Hatte bee to the same conioyned, as an euident token thereof, according as by the sentence is prouided, whiche together with the decree, confirmatiue thereof, deserueth perpetuall remembrance and honour, as the meane whereby the posteritie may knowe such as looke so simply to their affaires, or fraudulently seeke to defeate their creditors [Page] of their right, that they be forced to submitte them selues to the dishonourable wearing of a greene Cappe or Hatte vnder paine of imprisonment on the behalfe of their creditors, so often as they bee founde destitute thereof.
Which neuerthelesse is not ment to tend to any such note of infamie as thereby to be debarred or reiected from lawful witnessing, or bearing such office or autoritie, as otherwise they might bee capable of, in cace all other their behauiour were correspondence. Neyther ought any Annuels, Quinquenelles, or cession of goodes to bee otherwise taken, tollerated and allowed, then for mischances happening through fire, water, wars, or such like, when without doubt, by some ineuitable inconuenience, the losse of all or most parte of a mans goods doe thereto driue and enforce the petitioner, not his owne manifest negligence or wilful wast, and so to haue recourse to those meanes, yea sometimes before that debt bee due, for the whiche they sue out the sayde Annuells, Quinquenelles, respits, [Page] or cessions of goods: during the allowance of which suites, they shall not be forced to put into the officers handes those summs of money which they owe, except the said suite be compassed after condemnation. Neyther is the suiter to be emprisoned, after hee hath procured his creditors to be summoned to appeare at the admission of the sayde Annuells, and Quinquenelles, but beeing so emprisoned, is to be released and set at lebertie.
Father, a man condemned for trespasse in amendes, is not receiuable to the Cession of goodes. Many other things are also to be cōsidered before any be forced to the said cession in respect of the interest that sundry creditors haue thereto: and therfore it is meete that any appeare at the suite commenced and prosecuted against the debtor for deteyning his person, by reason hee hath no goods (as is to be presupposed) wherewith to pay: but if he haue any, thē he ought to cōfesse thē to his creditor, to the ende, bee may therewith be satisfied according to reason. All which notwithstanding, it is to bee noted, [Page] that a man giuing vp his goodes in maner aforesayde, can not be taxed with any spotte of infamie, reiected from witnessing on any behalfe, or made incapable of bearing suche office as otherwise hee might, or by right ought to enioy.
For cession of goods simply, is a fauour to the poore, and by lawe admitted for sundry commendable respectes, and therefore is not to breede contempt against those that by pouertie, or other inconuenience are forced to submitt themselues to such extremitie of lawe.
This therefore may be a sufficient warning to all creditors, wisely and christianlike, to vse their duetie as is before specified: also to such needy debtors, that in time they haue recourse to others according to reason, before they be compelled to weare a greene Cappe or Hatte at their creditors costes, as by this former decree, confirmatiue of the sentence of the abouenamed ordinarie iudge of La Vall, the day and yeere aforesayde, it is both learnedly, circumspectly, and wisely ordeyned.
[Page] Let this therefore serue as an example to all wis [...], discreete, and wary persons in euery common wealth. Farewell friendly reader, and take in good woorth this simple discourse: groū ded vpon the saide sentence and decree.