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.
Geneva (Switzerland), Fills, Robert, fl. 1562.
highlight hits: on | off
Page  [unnumbered]Page  [unnumbered]

Here folovveth the ACTES AND STATVTES OF the Citie of Geneua.

IN the name of the most mightie God, we Syn∣dicques, with the great and smale counsell of Geneua, with oure peo¦ple assembled by the soūde of trompett and the great bell, folowing oure aūcient customes, ha∣uing considered yt it is a thinge wor∣thy 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 main¦teyned accordingly, also that yougth in tyme to come be well and faithful∣ly 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  [unnumbered] instituted by his worde be brought in to good forme, to haue place and to be obserued amonge vs, and we haue or∣deyned 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 in∣stytuted for the gouernement of hys churche, that is to saye pastors, doc∣tors, elders, other wise named cōmis∣sioners for the Seniorie, and fourthly Decons.

If we will haue a churche well or∣dered, 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 priuat¦ly, to minister Sacraments, & to doe brotherly correcyon 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 of∣fice 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 in∣duction of them to their office.

The examinacion conteyneth two partes, the fyrst is touching the doc∣trine, that is to saye yf he which shal∣be 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 dan∣gers, that he whiche shalbe receyued holde no euel opinions, it shalbe good that he doe protest to receyue and re∣teyne 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  [unnumbered] 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 pro∣cede 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 fo∣lowe 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 vnderstan∣ding 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 know∣ledge 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 induc∣tion, bicause the ceremonies in times past haue ben turned into manye su∣perstitions by reason of the infirmity of the tyme, it shalbe necessarye that one of the mynisters make declarati∣on 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 neces¦sarie that he be sworne before ye Se∣niorye wyth suche an othe as shalbe conuenient for a minister, as here fo∣loweth.

❧The maner and forme of the othe and promyse which the enangelicall myni∣sters admitte and receyue in the cyttie of Geneua, done before the Syndic∣ques and Counsell.

I Promyse and sweare that in ye mi∣nistery 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  [unnumbered] 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 fay∣led, to execute my dutie lawfully, not geuing place to hatred, fauour ven∣geāe cor other fleshly desire, & in gene∣ral 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 possybi∣litye that the people be kept and con∣serued 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 aduer¦sitie 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 exam∣ple of obedience to all other, yelding my selfe for my part subiecte and obe∣dient 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 ap∣perteine 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 dyli∣gently 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 mi¦nisters gather them selues to gether one certayne day in the weke, to con¦serue and kepe the puritye & concorde of doctrine, to haue conference of the Scriptures, and that none exempte Page  [unnumbered] them selues wtoute a lawfull excuse: yf anye be negligent, that he be ad∣monnished.

For those which preache in the vil∣ladges parteyning to the Seniorie, it is necessarie that the mynisters of the citie shal exhorte them to come as of∣ten as maye be: and moreouer if they be lacking one moneth together, the same to be estemed to greate a negli∣gence, 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 mat¦ter. 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 vp¦on the mynisters as shalbe declared here after, to the which al they with∣oute 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 disho∣nored 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 Inno∣centes.

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.

    The first be.
  • 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 law¦full cause and iust calling.
  • Page  [unnumbered] Falsehoode.
  • Periurie.
  • Whoredom.
  • Thefte.
  • Dronkennes.
  • Fighting worthye to be punished by the lawes.
  • Vsurye.
  • Plaies or Games forbidden by ye la∣wes and which be offensiue.
  • Dauncing and such disolutenesses.
  • Crimes importing euill infamie.
  • Crimes which deserue in another to be seperated from the churche.
    The seconde.
  • Strange maner of handling the scrip¦tures, which may turne to offence.
  • Curiositye to serch vaine questions.
  • Setting forth of any doctrine or ma∣ner of doing not receued in ye churche.
  • Negligence in studing, and principal¦ly in reding the holy scriptures.
  • Negligence in reprouing their neigh¦bours vices to flatter them.
  • Negligence in doing all thinges be∣longing 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 mini∣ster both in apparell and gesture, and other fashions of lyuing.

Concerning Crimes they ought in no case to be borne with, if they be ci¦uyll 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 mi∣nisters take hede therto: and if any be conuicted let them make their reporte to the counsell with their aduise and Page  [unnumbered] 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 admo∣nicions, let them therin procede accor¦ding 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 mi¦nisters 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 be∣side 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 re∣quire.

❧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 igno∣rance or wicked opinions: neuerthe∣les 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  [unnumbered] desolate for fault of pastors and my∣nisters, but to vse a worde more intel¦ligible, we shall call them the order of scholers.

The next degree vnto the myni∣sters and next conioyned to the go∣uernement 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 in∣structed 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 chil∣dren, to prepare them aswel to ye my∣nisterye 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 vn¦der 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 dis∣cipline, 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 a∣gaine be presented to ye coūsell wyth his wytnesses, for feare of inconue∣niences. And alwayes examinacions oughte to be made before two of the Seniors.

Here foloweth the thirde order, whych be elders otherwyse called commissyo∣ners 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 peo∣ple, to admonishe louīgly those which they see fall or leade a dissolute lyfe, Page  [unnumbered] 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 gouerne∣ment 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 hun∣dred men of honestie and of good life, withoute reprofe, and voyde of all sus¦pection, and aboue all hauing ye feare of god, learning, and spirituall wyse∣dome: and so they ought alwayes to be chosen that there be of them in e∣uery 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 deli¦berate 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, blasphe¦mies, dissolutions and other thinges against the honour of god and the re∣formacion of the gospel, and to admo∣nishe 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 du∣ty 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 con∣cerning the office to be discharged wt a good conscyence, to obserue the or∣dynaunces 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  [unnumbered] 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 ob¦serue yet to this present, for we haue procuratours and maisters of the hos¦pitall: and to auoyde confusion, one of the procurators of the hospitall shal∣be 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 pro∣curatours 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 conue∣nyent.

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 ne∣cessitie, then the Seniorie shall deter∣mine to furnishe according as necessi¦tie shall requyre.

Concerning the election of the pro∣curatours and maisters of hospital∣les, 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 aucthori∣tie of procuratours, we shall kepe ye articles whiche be all redye by vs or∣deyned but specially in things vrgent & where there shalbe daunger to dif∣ferre the tyme, but when there is no great dyfficultie nor matters of great charge, that then they be not constrai¦ned to assemble daylye, but that one or two may ordayne in the absence of Page  [unnumbered] the other that which shalbe reasona∣ble.

Item it shalbe necessarye to take di∣ligent heede that the common hospi∣tall be well preserued and meete to re¦ceyue the sicke, also for aged persons which cannot worke, men or womē, for wydowes, children, orflyns, and the poore, alwayes ye sicke to be kepte and seperated a part in a seuerall lod∣ging from the other.

Item y Almeses for ye poore which be dystributed throughoute ye towne, shalbe brought to the hospitall accor¦ding as the procuratours shall deter∣myne.

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 accor¦ding 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 accor∣dingly.

Page  11 Item aboue all this it be remem∣bred, that the famylies of the hospi∣tallours be honestly gouerned accor∣ding to the rule of gods worde, consi∣deryng that they haue ye gouernaūce of the house of god.

Also that the ministers and ye com∣missyoners or elders wyth one of the Sendiques shall of their parte be di∣ligent 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, main¦teyned by the wages of the towne, yet neuertheles they maye practyse throughe the towne, and notwtstan∣ding to be bounde to haue care ouer ye hospital, and to viset other that haue Page  [unnumbered] 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 ap∣poynte 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 be¦fore 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 obser∣ued and kepte.*

❧Of sacramentes.

THat baptisme be not mynistered but incontinent after the sermon and onely mynistred by the mini¦sters 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 aduer∣tised therof, and therin to procede ac∣cording to reason.

Item that no straunger be receiued as godfather, but those that be faith∣full people and of ure communion, consydering that others be not meete to make promyse vnto the churche to instructe the infantes as it is re∣quyred.

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 vp∣syde downe, setting vp ye Masse in sted therof whiche faulte ought to be cor∣rected, and also the rare celebratinge therof we haue determyned and ordei¦ned yt it shalbe ministred fower times in the yere that is to saye. At Christ∣mas, Easter, Penticoste, and the first Sondaye in the monethe of Sep∣tember.

Item that the mynisters distribute the breade in good order wt reuerence Page  [unnumbered] and that none other geue the cuppe but onely the Commissioners or Dea¦cons 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 playn¦ly 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 conse∣quently that none approcheto his cō∣dempnacion.*

❧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 begin∣ning 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 li∣tle children, and so in the proces of time all the church may folowe.

Touching debate in causes matri∣monialls, 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 de∣termyned to leaue to the consistorye the charge to heare the partyes, and so to make reporte of ther aduyse vn¦to the counsell, therin to geue Iudge∣ment, so that good ordinances may be from henceforthe made and folowed accordingly.

Page  [unnumbered]

Of burying.

ITem that they doe burie honest¦ly the deade in the place appoin¦ted. 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 ap∣poynted to bury, eshalbe sworne vnto the Seniorye to put awaye all super∣sticions 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 a∣uoide 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 a∣boue 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 admo∣nicion or doctrine, the whiche at that tyme is most nedefull of all times, for Page  14 this cause we haue ordeyned and de∣termyned 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 determi∣ned that the same shalbe published, & moreouer to be geuen commaunde∣ment by proclamacion yt the parents frendes and kepers shal not tarie vn∣tyll the person be redye to yelde vp ye spirite, for in such extremitie the con∣solacion serueth to smale purpose for the most part.

The order which ought to be kept for li∣tell children.

THat all cytezens and inhabitaun¦tes shall bring or sende their chil∣dren 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  [unnumbered] shalbe instructed, and they shalbe de∣manded and apposed in the same doc∣tryne whyche they haue before lear∣ned, to see if they haue wel vnderstan∣ded and kept it.

When a childe shalbe sufficiently instructed and haue passed his cathe∣chisme, then he shall recite solempne∣ly 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 sup∣per of the lorde, and that the parents be aduertysed not to brynge them be∣fore 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 be∣fore 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 con∣fusyon, they shall obserue as much as may be, the distinctiō of the pari∣shes in ye case as hath ben said before of ye sacramēts.

Item that those whyche shalbe by force constrayned to come, shalbe cal∣led 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 com∣myssioners 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 cer∣teyne 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 commit¦ted, 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  [unnumbered] 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 vnder∣stand 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 con∣strayne 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 ap∣peare, theyr offyce shalbe to aduer∣tise the counsell therof, to the ende to geue order therin.

Page  16

❧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 de∣parte withoute defame or slaunder, & if he be obstinate, yet they shall admo∣nyshe 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 com∣munion 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 obe∣dient, yt they sende him awaye gent∣ly. 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 de∣clare him to the Seniorye.

Page  [unnumbered] As concerning the lyues & the cor∣rection of their faultes whyche shall happen, it is necessarye to procede ac∣cordinge 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 slaun∣derouse, excepte he fynde hym stub∣borne 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 conuin∣ced, that then they commaunde them to absteyne from the communion vn∣till the time they be better disposed.

As concerning notorious and pub∣licke 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 amende∣ment, 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 vn∣tyll they see in them a change of lyfe.

As concerning crimes whiche de∣serue not onelye declaracion and ad∣uertisemēt 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, & bet∣ter to knowe his faulte.

If anye by contumacye or rebelli∣on wil presume or preace in contrarie to that is commaunded, and for byd∣den him, the office of ye mynister shal∣be to put him backe, for it is not law∣full to receyue such a one to the com∣munion: and neuertheles that it be so moderated that there appeare no ri∣goure, by the which any person shulde be greued or offended, namely suche Page  [unnumbered] corrections be but medicines to bring the sinners vnto god.

Item that all this be done in suche sorte that the mynisters take not vp∣on them anye Ciuil Iurisdiction, and that this consistorie be in no case any derogaciō to the auctoritie of the Se∣niorie, 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 one∣lie for ye towne, but also for ye villages perteyning to the Seniorie.

❧Order for the visitacion of the my∣nisters and paryshes parteyning to Geneua

FYrst of all to conserue vnitie & good pollicye especially in doc∣trine throughe the whole body of the churche of Geneua, aswel in the towne as ye villages belonging ther¦to, the magistrates shall chose two of Page  18 the councell, and likewise the mini∣sters shall chose two of the congrega∣cion, 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 su∣perfluo{us} questions, or be ouer rigo∣rouse 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  [unnumbered] 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 appoin∣ted to thys offyce after he hath preached and admonished the peo¦ple as is aforesaide, shall enquire of ye wardes and procurators of ye paryshe both concerning the doctrine, and life of the minister, and likewise concer∣ning his diligence and maner of tea∣ching, 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 gre∣uously 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 re∣medie to auoyde all offences. And a∣boue 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 com∣mon 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 pu∣nyshe 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 pri∣mitiue 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 of∣fices and officers, and first of the elec∣tion of the lordes Sendicques.

EVery yere the tewsdaye before the sondaye after candlemas daye, the Page  [unnumbered] 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, re∣garding ye honour of god, louīg eque∣tie and truth, and the profyte of the towne, mē of a good life & good name.

Moreouer they shall make theyr praiers vnto god,* 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 Se∣niory, 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 li∣berties 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 pro∣myse, 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 shal∣be 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 elec∣tion 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 gene∣rall counsell shalbe assembled, & there they shall pronounce vnto the people the election made by the two hundred Page  [unnumbered] so that oute of eight which shalbe pre¦sented to the people, they shall chose foure, if so be yt they shal like thē: but alwayes when it shall seme good vn∣to them they shall haue lybertie to re∣fuse 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 after∣warde 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 pos∣session 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, ren¦dring 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 con∣teined 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 yPage  [unnumbered] 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 Sen∣dicques 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 as∣semble together with the two hun∣dred, and after they haue made exhor∣tacion 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 Sen∣diques shall continue withoute con∣trouersye, excepte they haue commit∣ted 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 iudge∣mēt, 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 inconue∣niences, yt ye nūber be so sore dimini∣shed 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 faythful∣ly to applie and to doe all y per∣teyneth 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 to∣gether as often and as many tymes as nede shalbe, to giue good and faith∣full counsell touchynge that whyche shalbe required of vs.

Item to aduertise those to whom it shall aperteine, of al yt we shal thinke Page  [unnumbered] 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 mat∣ter 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, what∣soeuer 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 con∣cerneth 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 shal∣be 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 ther∣in if we doe the contrarie.

Touching the appointement of all their places, y foure aūcient Sendic∣ques 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 faith∣fully to the profyte of the towne, the common monye which shalbe delyue∣red 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 Secrea∣taries the one superior & the o∣ther inferior, whose office shalbe Page  [unnumbered] 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 Iudge∣ment 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 e∣lection whan nede shall require.

The forme of their othe.

WE promyse and swere to put in writing faithfully and diligent∣ly 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 Sea∣creates of ye counsel, nor declare them to any person excepte it be by ye ordy∣narie cōmaundement of the counsell.

Item to make expedicion in al that shalbe committed to oure charge, as well for the towne as for priuate par∣ties, 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 shal∣be 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 lyber∣tie to ratifie them or put them of as hath bene saide.

Page  [unnumbered]

¶The forme of their othe.

VVE promyse and swere to doe in oure office that which appertei∣neth to good and faithful procu∣rers of the publyke welthe, and to haue such care therof as of oure owne propre famylye.

And principally in hearing the ac∣comptes 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 pertey∣ninge 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 negli∣gence 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 ra∣tified by them: and yf they doe not ap∣proue 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 po∣wer, and with all paine and diligence wtout fraude or gile to exercyse their office, as wel towardes euery perti∣cular 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  [unnumbered] if it shall seme good, & namely it shal∣be most expedient yf he be a mā meete and one that serueth in his office di∣ligently, 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 conser∣uacion of the rightes of the citie, as if they were myne owne proper: and to pursue those to whom it shall apper∣teine, & likewise to recouer withoute supporting y one or greuing y other.

Item to haue an eye that no perti∣culer person doe encroche vppon the cōmunaltie, & if ani happen so do doe, to reueale him or pursue him accor∣ding as mine office importeth.

Item to make no bargain couenaūt or agrement in anye wyse for to dy∣minyshe 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 perticu∣ler captaine in the presence of the cap¦tayne generall, and two of the coun∣sell deputed for the same, and after ye election shallbe reported to the coun∣sell, 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 bande∣rettes Page  [unnumbered] they shallbe chosen as the per∣ticuler 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 lieu¦tenant so that it be by the consent of all their bandes in generall, ex∣cepte 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 conty∣nue 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 de∣fence 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 ene∣mies, Page  27 whensoeuer I shalbe appointed by my superiors.

Item to maintaine and kepe peace and tranquilitie amōge the burgees and habitantes of the towne: and to staye and let with al my power al se∣dicion, strife, fighting, or chiding.

Item to make no euell conspiracie or enterprise, but the contrarie, resis∣ting all those which doe it, and to re∣ueale them to my superiours.

Item to stope all dyssolucyons and outrages, and in generall all whiche shalbe contrarye to the order and pol∣licie of the towne.

❧For the geolyer or Souldan.

THis offyce shalbe for no certeyne tyme, neuertheles it shalbe ouer∣seen and vewed euery thre yere, to see if he doe well his duetye: the election shalbe by the counsell, the confirma∣cion by ye two hūdred, as is aforesaid.

¶The forme of the othe which they vse shalbe thus.

I Promise and sweare to kepe faith∣fully all that which shalbe commit∣ted to me, and to render accompte therof withoute fraude.

Page  [unnumbered] Item to kepe euery prisoner com∣mytted to my charge chayned or at large, as shalbe commaunded me.

Item in such cases as shalbe forbid∣den 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, plai∣eng, 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,* if he which be once chosen doe tru∣ly discharge his office, neuerthe∣les 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 per∣petuall 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 coun∣sell, and the lieutenant.

THis shalbe an office perpetuall excepte there happen anye nota∣ble faulte, also the petie counsell haue full power to make them or de∣pose them if nede shalbe.

The number of the officers for the Citie shalbe fourtene, and for the lieu¦tenant tower.

Touching their othe it shalbe suffi∣cient besyde the othe of common bur∣geses, they shal promise to be diligent assisting at all times, readie to wayte vpon the commaundement of ye Sen∣dicques 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 faithful∣ly in all that apperteineth to their of∣fice withoute faulte or delaye, and to kepe secreate all that shalbe done and spoken in the counsell, and diligently Page  [unnumbered] 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 dys∣pose them.

Item it shall not be nedefull to set anye especiall forme of othe, for it re∣quireth 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 de∣pose them, shalbe in the petie coū¦sell, neuertheles none shalbe re¦ceyued withoute the reporte and wit∣nesse of the notaires of ye towne, con∣cerning 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 & In∣struments as I shalbe required, with¦oute addinge or dymynishing to the puritie therof.

Item to deliuer to euery one al such rightes as apperteine to him, & shal∣be in my hands.

Item not to Concele or kepe backe anye instruement to the preiudice of the one or fauour of the other, and al∣so 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 accor∣ding to equitie and reason.

The counsel haue ful power to or∣deine al these offices, to constitute & set in those which they will.

Nowe it is to be noted that to exer¦cise these offices aforesayde, from the petye counsell vnto the Sendicques, Page  [unnumbered] and so downe ward vnto the Saoul∣tier, it is required yt he be a cittezen.

Item to be the lieutenant or one of the assistance.

Item for al the Captaines & bande∣rettes generall.

Item the Controuller, Auditour of the counsell, maister of the monye, procurer generall maister of tharti∣lery, & geoler, it shalbe required that he be a citezen: for the rest it is suffi∣cient 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 pu∣nished 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 Se∣niorie, 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 con∣tynually resident in the towne, during y yere of their Sendicate, not so muche as anye of them to de∣parte 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 ab∣sent, wythoute the leaue of the counsell.

Item that euery daye they shal ga∣ther thē selues to gether after dinner, yt is to saye at one of y clocke, to con∣sulte 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  [unnumbered] things which they will doe.

Item if anye thinge happen which requireth the assemblie of the coūsel, they shall gather them selues toge∣ther to doe those thinges which shal∣be 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 inconty∣nent 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 con∣tinue Page  31 vpon the daūger, vntyll it shal∣be apesed, or otherwise.

¶The office of the fyrste and chiefe Sendicques.

THat euery daye when there shal∣be 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 plainti∣fes 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 com∣pagnyons.

Item on the dayes of ye counsell in∣continent 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  [unnumbered] 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 ordi∣naunces of god.

Item y he shal haue y towne seale in his hāds, & the charge for to seale.

Item he shalbe president ouer ye se∣cond appellacions or supreame.

¶The office of the iii. other Sendicques.

ITem the one shall set in the consis∣torie, the other in the chamber of ac∣comptes, 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 paie∣mentes 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 exami∣ned, and to examine them, and to im∣prison them if nede shalbe.

Item that al dissolutions, arrogan∣sye, 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 ma∣lifactour, that within xxiiii. howers they shal commaūde the lieutenant to make him aūswere vpō those poin∣tes 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 name∣lye if he be alreadie proued, and that there be no difficulty, as of murther, Page  [unnumbered] 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 malefac∣tor 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 ex∣aminations & 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 accom∣panied 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 pro∣nounce 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 to¦gether at the sounde of the bell with∣oute 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  [unnumbered] Easter, to Michelmas, they shall as∣semble 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 impor∣taunce 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 vp∣on 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 ex∣cuse receiued, & moreouer y he doe sig∣nifie 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 with∣oute the leaue of the counsell, and be∣inge 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,* and if ma∣ny speake at once, the first Sendicque shall impose Sylence, the sylence im∣posed 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 pro∣pose any thīg of his own heade but he shal reueale the same to the first Sen∣dicque before the counsell be set, that the Sendicque may propose it, neuer∣theles 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 aduer∣tise the first Sendicque a parte.

Item that none shall reueale that whyche is intreated of or de∣creed in secreate in their counseyll Page  [unnumbered] 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 punishe∣ment, 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 pre∣sent 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 af∣ter he hath ben corrected sōdrie times then to be deposed.

Item y none shal blaspheme god vp on ye paine to crie god mercy solemyn¦ly, 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 con∣tenssion or chiding, or brauling, that they speake no contumelious wordes or dishonestie, but that eche one tel∣ling his opinion shal speake wt al mo∣destye withoute charging the other or speaking against their honour, vp∣on the paine of v. shill. & if he be accu∣stumed so to do, after certeyne admo∣nicions, 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 confu∣sion, & y al thinges may be the better obserued, they shal rede yt which is pas¦sed 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 a∣monge ye two hundred before it hath bene treated of by ye petye coūsel, nei¦ther Page  [unnumbered] 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 afore∣said, 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 mo∣ney as well of the ordinarye reuenue, as the paynes of fines or other extra∣ordinarye sommes.

Item that he shall demaunde and receiue in due time and also yelde ac∣compte of that which shalbe due, ey∣ther 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 det∣ters 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 a∣gaynst him.

Item he shall render accomptes euery syxte monethe in the chamber Page  [unnumbered] 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 recey∣ued or paied, he shal shewe forthe the commaundementes with ye quittan∣ces 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 of∣fice he shall render the accomptes wt in thre monethes: and if he be founde debitour, he shall render the remain∣der 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 continu∣ally 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 se∣create, nor to reueale anye thynge without the knowledge of the Seni∣ors: 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 comminal∣tie, the other for perticuler men, whi∣che 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 apper∣tayneth to perticuler affayres.

Not withstandynge the one shall wryte yf nede be, & read the letters, instrumentes and actes, that the o∣ther shall make, to the end that there be no delay.

Item, that eche of them in his of∣fice shall make dispatche of the mat∣ters 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  [unnumbered] be publike matters to dispatche of great importaunce, as instructions, and such lyke, the first shall comuni∣cate 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 con∣tinue in the Secretaries place or clo∣set, the whiche shalbe cōmon to them both according to the necessitie.

Item, a Register aparte for causes criminalls.

Item, a Register for causes of ma∣riages.

Item, a Register wherin shalbe en∣rouled 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 cōmaunde∣ments wt shalbe made for the disbur∣sing of any monei, to ye ende y the ren¦dring of the acomptes maye appeare Page  38 more cleare, and be better verified.

Item, another Register, wherein shalbe drawen al the actes which im∣port 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 ano¦ther coffer there shalbe an Inuento∣rie marked, all the proces concluded & finished, shalbe brought into another place.

Item, they shall make diligent dis∣patche 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 mor∣nynge.

Item, they shal distribute equallye together all the profittes.

Page  [unnumbered]

¶Of the office of Capitaines, Ban∣deretts and Dyzners.

THE Capitaine generall shalbe diligente and vigillant ouer all the towne, he shall gather no as∣semblie suspecte, nor make any con∣uenticle, whiche maye be a prepara∣tiue to sedicion, tumulte, or mutine∣tie, and the perticuler Captaynes, Banderettes and Dizners, shall doe the lyke, euerye one in his office and quarter.

Item, yf any such lyke thyng hap∣pen, 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 sel∣ues honestlye in their housholdes, without noyse, trouble, or brauling, Page  39 and if any do the contrary, they shall admonishe him, and if that admonis∣sion 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 assem¦ble men, or to arme any, without ex∣presse commaundement of the coun∣sell, except there happen some sodein assaulte without, in the whiche case thei shal doe their office, whyle in the meane tyme, the counsell maye pro∣uyde 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 espe∣cially the Dizners, shall be diligent that the Proclamations and Ordi∣naunces of the counsell, as well for the reformation of the church, as for Page  [unnumbered] 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 bur¦geses 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 Burge¦ses 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 assem∣ble them selues together bothe mor∣nyng and euenyng, to doe that theyr office requireth.

Item, they shall put in writynge all maner of Instrumentes, and ob∣ligacions in order, and set thē downe in Inuentorie, to the ende that no∣thing Page  40 be loste but be founde easely.

Item, they shall haue an officer con¦uenient 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 insuffi∣cient, they shall make report thereof to the counsell within eyghte dayes folowinge.

Item, if by fauoure or frendshippe they spare anye man, they shalbe pu∣nyshed vpon their wages, for that whiche is paste, and to be bounde for the dette and charged therewith.

Item, to declare that they do true∣ly discharge this office, euery .iii. mo∣nethes thei shal present a roule of in∣uentorie 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  [unnumbered] Also concerning the profites of the towne, they shall not concelethe per∣ticulers 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 ren∣tes, 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 appoin¦ted, 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 with¦oute visiting all the buyldings apperteyning to y towne, but when he shalbe aduertised by the in∣habitauntes 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 inconue∣nyence 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 ouer∣see them wtout aduertisemēt of other.

Item he shall prouide and take or∣der that nothing perishe or decaye for faulte of reparacions.

Item he shal haue a register conue∣nient to note all the daye workes of massons, and carpenters, and that he fayle not but to assygne the acquit∣tance of the threasorer when he shal∣be therof certified.

Item whersoeuer there shalbe mas∣sons carpenters or other workemen, he shall not fayle to haue an eye to them, to knowe yf they doe their due∣tye faythefully.

¶The offyce of the mayster of the Artyllerye.

Page  [unnumbered] HE shall kepe warely the keies and not to deliuer them into y handes of anye other, nor put anye in trust withoute expresse com∣maundement 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 ar∣tillerie, 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 commaunde∣ment from the Seniors, and that this be obserued in all the bulwarkes.

Item he shall kepe the pouder well lockyd, so that no inconuenience hap∣pen, 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 conclusi∣ons, & this to be done, audience shalbe geuen him, and the lieutenant shal de∣maūde if there be any thing to be said which semeth to be medled wt ye com∣mon 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 gar∣dens, or ouerseers for pupilles & orfe∣lings, 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: neuer∣theles he shal receiue none, nor it shal Page  [unnumbered] not be lawefull for him to make anye pacte, or apointe anye man hys paye∣ment, and those whiche be condemp∣ned in any payement he shall signifie to the thresorer euery weke, that he maye recouer it.

Item he shal spare no maner of per∣son 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, posses∣siōs, medowes, houses, or whiche we∣holdeth anye thinge from the towne, to aduertyse the audytors of the ac∣comptes therin.

Item when there shalbe anye buyl∣ding 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 determi∣ned 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 com∣mon passage, excepte it be for a tyme mete to repaire the same, but howso∣euer it be it shall not passe eighte mo∣nethes, 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 accor∣ding 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 thre∣sorer to receyue it, the other to ye sayd Page  [unnumbered] 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 offeder to be depriued of his occupaci∣on, 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 v∣surpe vpō them by any perticuler. Al∣so he shal let them to the profite of the commonaltie, neuertheles he shal let none: but by his aduertismēt, ye threa¦sorer 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.

Page  44

¶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 hun∣dred assembled.

Item, at such time as ye first Sendic∣que shalbe there to heare complaints or dispatche causes, or when the foure shalbe gathered together after diner.

Item, when the courte of the lieute∣nant 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 with∣in, neuertheles whē any of ye Sendic∣ques 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 ad∣uertyse the controuler.

Page  [unnumbered] 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, vp∣on the same payne whiche hath bene said of the counsellers.

Item, he shall accompanye the Se∣niors Sendicques in al acts of iustice.

Item he shall accompanye the lieu∣tenant in the executyon of all Actes Criminalles.

Item, he shal present ye wine which the Seniors shall sende to the Imbas¦siadores, or others.

Item, he shal visite the houses rui∣nated 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 apper∣teyne 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 fayth∣fully, neuertheles he shall haue a re∣gester to write as well the prisoners whyche be broughte hym as all other Page  [unnumbered] things, and that he write it immedi∣atly in ye presence of him which brin∣geth 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 vn∣to 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 com∣maundement, 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 o∣ther 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 por∣ter with the gardes shall shutt ye gate incontinent after the watch hath ge∣uen them a signe, such as hath ben be∣fore 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  [unnumbered] 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 vn∣to god, that he wyll direct their waies and hartes, o chose mē of a good con∣science, 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 suf∣ficient for the mayntenaunce of y ho∣nour of god in this towne, and to ren∣der 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 Fri∣daye folowinge in the counsell of the two hundred after prayer made, ye de∣claration and the othe, they shall pro∣pose 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 aduertyse∣ment withoute preiudice to the liber∣tie of the seconde.

Page  [unnumbered] The sonday folowing, the general counsell shalbe assembled, there they shal pronounce to the people the elec∣tion 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 of∣fyce 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 adiu∣tors (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.

Page  48

¶The forme of their othe.

VVE promise and swere to execute oure offyce in the feare of god & with a pure conscience, and right¦ly to iudge & pronounce those things which shal come before vs in all equi∣tie & iustice, withoute exceptiō of per∣son, 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 rea∣son will beare, and namely to folow the taxe which is made vnto vs.

Item, to be diligent to reproue & cor∣recte al insolences & dissolutnesse con∣trarie 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 ther∣in, to bee Iudged yf we doe contrary.

Page  [unnumbered] Moreouer if it happen anye lieute∣nant to dye before his yere, yf there rest yet foure monethes, they shal sub∣stitute 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 be∣fore the other, but as well y aun∣cients as the newe amonge them¦selues, shall goe according to their de∣gre 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 nota∣ble 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 wri∣tyng 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.

Page  [unnumbered]

¶The office of the Lieutenaunt, and of his Assistaunts, and the order of their courte.

THE Lieutenaūt & his Assistan∣tes 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 ta∣rying till foure, lykewyse Wednes∣daye and Fryday.

Moreouer, euery daye from eyghte of the clocke vntill ten, the Lieute∣naunt 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, be∣cause of the straungers and multi∣tude which come to the market.

Item, in matters of sodaine pro∣uision the Lieutenaunt shall call the adiutours, and assemble them extra∣ordinarily, accordynge to the neces∣sitie 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 depri∣ued 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 summon∣ning 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  [unnumbered] 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 re∣serued, as shalbe sayd here after, and if betwene two Burgeses: the de∣maunder 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 han∣ds 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 sear∣ched 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 ex∣ecusions 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 ap∣peare to the firste assignation, then letters shall be graunted to the de∣maundaunt, to adiorne him peace∣ablye, 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 pament.

If it be a stranger which assigneth a Burgese, then to procede more spe∣dily, he shall demaunde yf it semeth him good, and shall haue a iourne∣ment frō the lieutenaunt: but if the Burgese wyll not appeare vpon the day in which he is assigned, then de∣fault shalbe decreed against him, and immediatlye letters of execution to gage it in his goods, or to take hys Page  [unnumbered] 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 ap∣peare not, the defendour shal obteine against him default, and shalbe free∣ly 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, & pre∣sent 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, ne∣uerthelesse yf the demaunder be not there present in hys owne personne or Proctour for him, that thys cal∣lynge shall not tourne to be preiudi∣ciall to put him to defaulte, but one∣lye for a lette, that he shall not leuye lettes of execution agaynst hys par∣tie: 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 adior∣nement be made with expresse deno∣mination 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 imprison∣ment: and if he suffer to bee gaged, Page  [unnumbered] they shall take as muche of his goods as the principall of the cause maye amounte.

But if he be sicke, there shalbe de∣puted 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 par∣ties, folowing our auncient custome, that all causes which amount not a∣boue fyue Florence shall be dispat∣ched wyth the greatest expedicion that maye be, withoute writynge, but onely by wordes, as well the pro¦positions, and answeres of the par∣tyes, as the proues and witnesses.

Item, to auoyde all vaine delayes that in causes whiche exceade not a∣boue ten Florence, the principal sen¦tence that is geuen by the lieute∣nant 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 pas∣sing ten Florences, shalbe geuen by mouth onely, and in general, all sen∣tēces interlocutoris shalbe vnwrittē but the Secretary to put them in his register.

¶For termes and delaies.

TOVCHYNG the causes whi∣che ought to be dispatched with∣out 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 assig∣natiō, namely y the aduerse partie be there to answere lyke wise, & the defen¦dour shal answere redily & directly, ei¦ther 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 one∣ly, to giue informacion, yf the other Page  [unnumbered] bee in the towne: but if he bee with∣out, 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 instru¦ment 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 de∣maunde be certeyne, as a debt proued by obligation, byll, or such o∣ther 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 bePage  54 longe and difficill, than the demaun∣der 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 accor∣ding to the taxe of charges.

For to answere, the defender shall not haue aboue eyght dayes respite, and then to answere, denying or af∣firming 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 contesta∣tion, he shall haue eyghte dayes to doe the same, and then yf he haue righte eyther by wrytinge or instru∣mente 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, af∣ter the Defender haue aunswered, Page  [unnumbered] the demaunder shall haue yet eyghte dayes terme to bring furthe his wit∣nesses, if thei be in the towne, if they be withoute, he shall haue a compe∣tent terme to bryng thē, or examine them vpon the place, by the vertue requisitorie, so that eyghte dayes af∣ter 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 exclusiue∣ly, neuerthelesse callyng his aduerse partie as right and reason requireth.

Item, in the daye of the publicati∣on 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 whi∣che requireth profe, as yf he a∣legeth 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 repli∣cation, and it shall not be permittted to ye defender to reioyn against him, nor ye Plaintyue to surreioynder, ne∣uerthelesse, it shalbe lawefull as the matter shall require, to oppose di∣uers exceptions in one cause, accor∣dyng to the diuersitie of the proues, or demaundes, so that one of the ex∣ceptions 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 Iudge∣ment maye be geuen vpon an obli∣gation or other certayne proues: the Lieutenant and his Assistaunts shal not take aboue eyghte dayes terme at the moste.

Item, in causes of greate impor∣taunce, whiche requireth further re∣pecte, and speciallye require consul∣tation, Page  [unnumbered] 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 brie∣fest maner that maye bee, to a∣uoyde all prolongings and delayes, so that in causes of great importance the whiche shalbe broughte by wry∣tinges, althoughe there be acception of the partie Defender, a proces shal not continue aboue foure monethes and an halfe, but shalbe alwayes en∣ded 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 cer∣tayne 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 Lieu∣tenaunt with his assistauntes, shall consulte when corne maye bee rype, and there after the daye shall be ap∣pointed, 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 extraordina∣rie in the towne, for the whiche the coūsel shal ordein according to reasō.

Moreouer, concerninge the exami∣nation 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  [unnumbered] 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 vnder∣stande by this exception, that the fe∣ries shall not be comprised in ye same tyme of delay.

¶Of causes extraordinarie.

TOVCHYNG causes, whyche maye not suffer delaye, as mat∣ters of prouision of fruites han∣ginge 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 re∣fuse 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.

Page  57

❧The causes to refuse, be suche as foloweth.

THAT is to say to haue ben proc∣tor or counseller or first Iudge in the cause. Also parentage, as fa∣ther 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 sty∣pendes, in whiche it shall not be lawe∣full to excede or passe.

FYRST the lieutenant or as∣systantes shall not exacte nor take of the partyes aboue thys Page  [unnumbered] which foloweth.

  • In the fyrst audience when the de∣maūde shalbe formed.* i. shil.
  • ITEM, in the examinacions of the witnes, briefly withoute settinge downe in writing, where euery wyt∣nes 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 proc∣tor 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.* i. floren
  • Item they shall take nothynge in short processes, where there is no pro∣ductyon of the case, and generally in al processes whiche requireth no con∣sultacion, but in suche matters when there nedeth consultacyon, they shall Page  58 take no more then they disbource, re∣seruynge nothynge to theyr owne profyte.
  • Item, in commyssyon where there nedeth a longe informacion, the lieu∣tenant 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 impor∣tance. 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 de∣uided amonge them, except any be de∣pryued 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  [unnumbered] 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 vtter∣most. 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 Assistan∣tes which shalbe present at the ma∣kinge of an Inuentorie, shal haue for the first leafe. iii. shil.
  • Item,* for euery leafe beside. 6. deniers

Vpon thys condicyon that euerye leafe shall conteyne fower and twen∣tye lynes, and that euery Item shall conteyne or comprehende ye things of one sorte together.

❧In causes criminalls.

  • THE Lieutenant for euery ex∣amination 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 Arti∣cles 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  [unnumbered] Item for euery leafe of copye, y syde conteining. xxv. lines. x. d.
  • Item for sentence difinityue with∣oute 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 playn∣tyfe. i. shil.
  • Item, to Register a seisoure or a rest. i. shil.
  • Item to register Relasions of dama∣ges 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 iu∣styce. i. shil.
  • Item for praysing of mouables, the deputie shall haue as muche as y As∣sistante, 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 vp∣warde. xx. shil.
  • Item for Inuentories, for the fyrst leafe as hath ben sayd. iii. shil.
  • Item, for euery other leafe folow∣inge. i. shil.
  • Item, for informacions, as wel vp∣on the plantiues, as others, in causes criminalls, for euery witnes. iii. shil.
  • Item for euery answere, in criminal causes, vntyll the malefactor be dys∣patched. iii. shil.

Neuertheles they shall take nothīg vntil ye ende, then if ye partie be foūde culpable, or haue wherwith to satys∣fie, 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  [unnumbered] Item for execusion of letters yf it be in seasure of vnmouable goods. 3. shil.
  • Item if it be to leuie mouables vn∣der 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 ques∣tion. i. shil.
  • Item, to accompanie ye iustice to the execusion of a malefactor. ii. shil.
  • More ouer there is a common pro∣fyte to be deuided amonge them, that is to saye of euery difinityue sentence in briefe causes. iii. d.
  • Item, in those of greater Im∣portaunce. 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 of∣fender deserue punnishement, for the lieutenaunt is the executour of pro∣clamacions.

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 plain∣tife 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 Sendic∣ques, and hath had his permission.

Moreouer he hath no power to deli∣uer or set at libertie a prisoner which hath ben taken for other causes then ciuill, and apperteyning to his tribu∣nal, 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  [unnumbered] 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 hol∣den for his last conclusion, but after y he hath rendred him selfe, and submit∣ted hys cause vnto the proctor gene∣rall, vnto suche tyme as sentence be geuen, and as shalbe founde in the de∣duction 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 deter∣myned that the lorde fyrst Sen∣dicque (which euery yere accor∣dinge to the custome shalbe elected) ought and is bounde to haue the ke∣ping and gouernemēt of thre seales, and those suerly to kepe, and with the same to seale and vse truely & faithe∣fullye all thynges reasonably as foloweth.

¶The vse of the seales ¶And first of the common seale.

Page  [unnumbered]

ALL maner of Instrumentes wt what name soeuer they be na∣med, being longe or short recei∣ued in iudgement or without, al sales cōpactes, barganīgs, acquittances, re∣leases, Ratyfications, Bargaynes, testamentes, Causes, Promyses, Ac∣cordes, Exchaunges, Confessyons, Tutels, Curatels, Abridgementes, Commyssions, Ordinaunce paste by counsell, Mariages, Giftes, Attesta∣cions of proctors, profe of notaries, Suppreme sentences, executions vp∣on the same, Sauegardes, Commaū∣dementes to leuye, Instrumentes, Requisitories, Burgeses, Attestasi∣ons, lisence by writinges past by the counsell, saufecondite, ordinaunces for mariages.

¶The seales of righte.

ALL patentes as the leuyinge of possessions, citaciō, briefe, attes∣tations, cōmissions to examyne the witnesses, requisitories, Contu∣macies, 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 or∣dinarie courte, submissions, letters or sentence for money, Appellacions, or other like, al these ought to be sea∣led with the smale seale.

¶For the Casshett or priuie seale.

ALL instructyons and charges which shalbe geuen to Imbassa∣dours, 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 Se∣niorie as for perticulers.

¶The maner and taxe which oughte to be leauied vpō the iii. seales respectiue∣ly of euery one of them.

    ¶Fyrst for the great seale.
  • 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 compre∣hend Page  [unnumbered] ye iust sūme of a thousād .xx. shil.
  • Item from one thousād florens, to a number of thousands for euery thou∣sande. i. floren.
  • ITEM for all transactions so ye in∣strument 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 a∣moūting 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 vp∣warde. 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.
    ¶Confessing of bandes.
  • VVHEN any will seale a bonde or obligation, for all suche obliga∣cions 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  [unnumbered] From a hundred to a thousande. .v shil.
  • Item, from a thousande vpwarde. x. shil.
    ¶Gardenships of orphanes and other.
  • 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.
    ¶Commission of recognisaunces.
  • Item, for the seale of the sayde com∣missions. i. floren
    ¶Ordinaunces of the counsell of mat∣ters bothe smale and greate, the su∣preme sentence reserued.
  • Page  65 FOR all ordinaunces between par∣tie and partie. iii. shil.
    ¶Ioyning of marriages.
  • FOR all instrumentes of marria∣ges, 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.
    ❧Commaundementes to leuye instru∣mentes and other contractes.
  • ITtem, for suche commaundemen∣tes. i. shil.
  • Item, for instrumentes leuyed by commission. ii. shil.
  • Item, for placettes vpon the requisi∣tories, 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 coun∣sell. iii. shil.
Page  [unnumbered]
    ¶Supreme sentences in appellations.
  • 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 cau∣ses of marriages. iii. shil.
    ¶Consequentlye for the seale, called the seale of iustice ordinarie.
  • ITEM, for all letters to leuye pos∣sessions 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 requi∣sitories, iii. shil.
  • Item, for all letters for contuma∣cie, i. shil.
  • Item, for all letters called presice, two shillinges.
  • Page  66 Item, for all ordinaunces interlo∣cutories 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 ap∣pellacions, 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.
    ¶For the Catchet or pryuye Seale.
  • ITEM, for all letters myssiues graūted in the fauour of any parti∣culer straunger, ii. shil.
  • Reserued the Citezins and Bur∣geses, whiche ought to pay nothing.
    ¶For the kepinge of the seale, to seale the goodes of pupilles, or other things at the instaunce of perticulers.
  • Page  [unnumbered] THE keping of the sayd seale shal apperteyne to the firste Sen∣dicque, and when he shall hap∣pen to seale any thing, the Saultier shall come and demaunde the seale, and also shal demaund of the Lieute∣naunte, 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 im∣portance. vi. shil.
highlight hits: on | off