A nevve order for banqueroupts

A notable decree of the Lordes of the Parliament house of Paris, bearing date the 26. of Iune, 1582. Pronounced against William Buhigue, containing a pu∣nishment for Banquerouptes, namely the wearing of a greene Cappe or Hatte.

BEfore I come to the setting down of the sen∣tence pronounced by the Lieutenāt of La val, one of the iurisdiction of the presidentall seat of Poy∣tow▪ eyther of the confirmatiue decree of the Parliament house of Paris, ratifiyng the said sentence, I thought it good (gen∣tle reader) in fewe wordes, to describe the part of a creditor towardes his debtor, as also the charge of a debtor towards him that haue been beneficiall vnto him by relieuing his want with his goods, whe∣ther

goulde, siluer, or other commoditie, to the ende, by this briefe collection and aduertisement, each party may consider his office and duetie, and so, better late then neuer, reconcile himself to God and his neighbour, during his pilgrimage in this vayne and transitorie life, which be∣ing ended, our God will (as all men knowe) require an accompt howe euery one hath delt in his vocation and office, howe simple so euer it hath been, and in the latter day of iudgement, yeelde the rewarde due to his desertes, except by speedy repentance before the saide iudge∣ment hee reconcile himselfe. For God being iust and perfect goodnesse, exten∣deth his mercie vpon thousande genera∣tions of those that vnfeinedly do loue him and obey his commaundements which he hath left, and willed his faithful seruants and Apostles to preach vnto vs, and pu∣nisheth only to the fourth generatiō such as of set purpose do disobey & transgresse his precepts, for more acceptable is obe∣dience then sacrifice, & better it is to obey God then man. The part therefore of a

creditor towarde his debtor, consisteth in lending vnto him that thing whereof hee standeth in neede, and which the creditor may w^t least losse best spare, without loo∣king for any amends, or requiring any re∣ward for the time of the lone therof, ther∣in putting in practise that Christian cha∣ritie, whiche by God and his Churche is taught in these wordes, Mutuum dantes, nihil inde sperantes, lend looking for no∣thing againe, together with many other places of the olde & new Testament, and Canonical & Apostolicall epistles, conti∣nued in the doctrine of many learned fa∣thers of the Christian Church, both olde and newe, wherunto euery man is bound to conforme himselfe, in case he bee indu∣ed with any iot of iudgemēt, or beareth a∣ny dutifull affection vnto his saluation.

But such is y^e malice of our dayes, y^t cre∣ditors in their lending, will so greatly re∣gard their owne commoditie, that if they lende, it shalbe to the ende, of their debtor to receiue double the value, as in deliue∣ring but mean commodities, & to receiue again y^e best: In deliuering of rie, oats, or

barley, to claime againe pure and cleane wheat: either to deliuer their olde wines full of all sorts of dregs, yea for the most part soure or foystie, and agayne, to re∣quire that whiche shall bee newe and of a perfect good vintage.

They sel their clothes and other wares at a high and deere price, when in troth they be but litle worth, giuing their deb∣tors so short dayes, as to their vndooing, they be forced agayne to sell them, yea for the most part by brokers to those of whō they first bought them, for little or no∣thing.

Others there are that deliuer foorth money, or other commodities from faire to fayre, from 3. monethes to three mo∣nethes, after ten in the hundred or more, to the vtter empouerishing of their deb∣tors. To be briefe, the Diuell and his supposses in the shape of men, haue by their subtiltie inuented infinite kindes of vsury: wherewith like rauening wolues they still deuoure their poore debtors, that are driuen to submitte themselues to their faith and charitable courtesies, who

in the ende are thereby brought to vtter beggerie, and vndoing without redemp∣tion, whiche is a wofull and lamentable cace. Yea, in the good townes and other places, eache one maintayneth those people, and cloke theyr offences, or at the least dare not speake of them for feare of being stunge by the like villanous vi∣pers wherof the world is ful: for vsually those be the soonest preferred to honors and dignities whereof in trueth they bee vtterly vnworthy: therefore for those that are manifestly knowne to bee such letters forth of goodes, there were no reason theyr debtors shoulde incurre the sentence and decree hereafter rehear∣sed, especially when it is euident where∣in the debtors haue by such rauening wolues and theyr detestable broode been circumuented, deceiued and entangled with debt vpon debt vnto the full valewe and extent of all theyr goodes. Oh poore, miserable, and wretched sheepe, who ha∣uinge yelded fleze, skinne and fleshe, doe hardly reserue the bare bones, which rat∣tle vp and downe the Cities, Townes,

and villages, where they remayne with∣in the reach of such wild & cruell beastes, as encroch vp the whole worlde.

Howebeit as suche debtors are by iu∣stice, to be relieued and defended agaynst that kinde of people, who in euery Citie and towne do beare the whole sway both in wealth, honour, and dignitie, so muste we not therefore maintayne a number of subtill shifters, which vsing all fayre pre∣tences & colourable flattering speeches, doe abuse and deceiue both here and els¦where, many well meaning marchantes, such as being of a franck, good, & vpright disposition do thinke that all others doe resemble them. These craftie con∣ueyars by borowings reiterated and re∣newed ofter then neede requireth, and that in sundry places, and of diuers per∣sons for feare of discrying, yea & in grea∣ter sums then their power or habilitie wil beare, one creditor nothing knowing of another, whē y^e dayes of payment draw on, will not find wherwith to satisfie euē she smalest sum wherewith they haue bin holpen: but then to auoyde emprisonmēt,

(therein counterfeiting the glutted and drunken Ape, which after drinke hoppeth vp & down) do leape from place to place, and according to the prouerb, come to set their tayles vpon the stone, which by law & iustice is appointed for the cession & de∣liuery of al their goods to their creditors, whom to the same intent, they cause to be summoned to the sight of that their mise∣rable benefite: which interdiction of law, tending to the reliefe of the good & not to the boulstering vp of such fraudulent debtors, as are last mentioned, is founded vpō the edict of Orleance, though in that respect but simply executed throughout most part of this lande, where euery one indifferently, whiche seeketh to deceiue his creditor, is vpon his owne onely peti∣tion, admitted to the benefite of cession of goods, bringing in for the true value ther∣of, no other witnesse thē himself can chuse among his friendes or fauourable neigh∣bours, without other circumstaunce or so∣lemmity, then during the sitting to assist & houlde plea barehead vppon the sayde stone.

Hereunto hath this court at this time had great & diligent respect, to the ende, hereafter to cutt off such shiftes and wic∣ked dealings, for the reliefe of honest, and in deed charitable creditors, and therefore in confirmation of the sentence of the or∣dinarie iudge of Laual, haue decreed y^t frō henceforth, euery one that will sue for y^e admission, to the benefite of cession of goods, shall weare a greene Cap or Hat, which his creditors shall buy him.

And for this time, William Buhigue to beginne with the wearing of the same, which shall bee prouided him, by Marin the Monke, defendent and withstander of the saide cession of goods, to the ende, as well the saide Buhigue, as all other of his profession may be knowne, and the worlde thereby warned of his or their saide cession, which by the wise aduice of the chiefe president Thow, together with the graue, learned, & experimented Se∣nators, his assistantes in the great cham∣ber, who are not to seeke in the like ca∣ses practized among the Romans, and conteyned in their histories and secretes

of lawe, is commaunded to be put in exe∣cution. This decree is taken a simili, namely of the auncient maner of the Ro∣manes, practised vpon such as had incur∣red any great losse by lād or by water, as piracie, drowning, fire, or robbery, or any such like, as we may in these dayes terme those extremities, whereto our Master vsurers by meanes and diuises aforesaid, together with infinite others, enow, if a man shoulde stande vpon them all, to re∣plenishe hole vollumes, doe reduce and driue the poore: whose practise at this time is so manifest, that there needeth no more but the princes commission, directed to faithfull officers, to make generall en∣quirie thereof, least they doe hereafter as horseleaches, euen sucke vp the marowe of the poore, and be drunken with their blood, yea the prince must vse them accor∣ding to the sence of the Embleme, where standing with a sponge in his hande, and wringing out of euery drop of y^e water therein, he giueth to vnderstand, that in like maner he is to vse al such as fil & en∣riche themselues with his treasure, or the

substaunce of his poore commons, whom with their subtill slightes and practises, catching at their goodes, they wring as drye as a bone.

The Romanes I say, vsed playnely and at large to paint and set out the mise∣ries, and inconueniences or losses, which such men had any way susteined, and thē to cause the party endamaged, to carry vp and downe this table, wherin his losse was portrayed vpō his shouldiers, wher∣by euery man might knowe his losse, and consider of his desert, and so if need were to relieue him, or otherwise to beware of committing to his hand that thing which he was not able to keepe or make accōpt of, as the satirical Poet Persius, and after him more at large his expositor Murme∣lius do rehearse. Vpon this ground haue this court at this present, in confirmation of this sentence of the aforesaide Iudge of La Vall of the iurisdiction of the seat of Poitow, determined and decreed that the Banquerupte William Buhigue shall from henceforth weare a green Cappe or Hat, at the cost of Marin the Monke de∣fendant,

vpon the alowance of his letters of cession, and that onely to the ende, the saide Banqueroupt may in all places be known, as were those mē at Rome, whi∣che carried vpon their shouldiers the pic∣ture of their mishap, whereby the people might afterward know thē: Such ther∣fore is the excellencie of this sentence, that it deserueth confirmation through∣out all this lande, against suche Banque∣rupts, as forcing them to weare a green cap or hatte, as a badge of their disorders, yea and to be for perpetuitie inserted into the very heart of the ciuill & canon lawe, also by vertue of the princes perpetual & irreuocable edict, for euer to bee ratified word for word, after y^e order & forme of y^e said decree and sentence, as followeth.

An abstract out of the recordes and or∣dinarie register of the court & Iu∣risdiction of La Vall.

BEtweene William Bughigue, prisoner in the castle of La Val, chalenger of the

fite of cession of goods at this present, by his Atturney M. Francis Belangier Li∣centiate in the laws on the one part: and Marin y^e Monke appealāt there against, personally and by his Atturney M. Iohn Sercoul, likewise licenciat in the lawes on the other part.

The parties heard, & the said appealant by his declaration, not able to proue any concealement of goods, as by him hath been into this court intimated, wee doe debarre and condemne in costes and damages, and in respect thereof, haue a merced him at fourtie shillinges tour∣nois.

Moreouer, in as much as the sayde appealant, cānot produce sufficient cause why the saide Buhigue shoulde not be ad∣mitted to the said benefite of cession, our sentence is, that presently hee be dismis∣sed out of prison, and so brought into this court personally to receiue the saide be∣nefite. Herevpon the saide Buhigue, being come into the face of this courte▪ hath wholy resigned and made cession of all his goodes to his creditors, and ac∣knowledgeth

the whole sūme by this ap∣pealant demaunded, faithfully promising vpon the bettering of his estate, to satisfie all his creditors, and affirming that hee hath not any other goodes whatsoeuer, then what presently hee beareth about him. Also that fraudulently he hath not made conueyaunce of any away. In consideration therefore of the premisses wee haue, and by these presentes do grant the said benefite of cession vnto the afore∣named William Buhigue, as well for all summes demaunded, as for his lodging and fees.

Wee do also at the instance of the ap∣pealant, the Monke aforesaid, decree and ordeyne, that for the manifest knowledge hereof, the saide William Buhigue shall from henceforth in all places, and at all times weare a greene Cappe or hatte, whiche the sayd the Monke shall prouid•• for him. Also that when, or wheresoe∣uer the saide Buhigue shalbe found with∣out the sayde Cap or Hat, after that the aforesaide, the Monke shall haue made deliuerie thereof to him, it shall bee lawe∣ful

for y^e said the Monke, or any other his creditors to commit him to prison, com∣maunding our chiefe vsher, vpon reaso∣nable requeste to see this our decree fully and in all parts executed according as is most requisite, and thereto do giue him full power and authoritie.

Giuen at La Val, in the presence of vs, Francis Tartrous, Licentiat in the laws, and Lieutenant generall in the iurisdic∣tion of the sayde place,this 9. of Sep∣tember. 1580.

Thus signed. Morayne.

FInally, this court by decree hath dis∣anulled al appeales here against, with¦out costs or damages, and do ordaine that notwithstanding whatsoeuer appeale, the said sentence shall stande in full force and power.

Giuen in full plea the 26. of Iune. 1582.

Hereby it is euident that Annuells,* 2.1 Quinquennells, and cessions of goods ought not slightly to be graunted, or per∣mitted to euery one that will sue for the same before a iudge, for the causes and considerations before mentioned: for Annuels and Quinquennels, are no other but the two steppes whereby debtors doe clyme to Banqerouptshippe, or cession of goodes; endeuouring by such deuises and priuiledges to defeat their wretched cre∣ditors of such commodities, as simply and on good faith they haue lent them. Also vnder suche clokes, shadowing their false intentes, and mayntayning their credites to the vttermost: which is an easie matter to doe, vnlesse the greene Cappe or Hatte bee to the same conioy∣ned, as an euident token thereof, accor∣ding as by the sentence is prouided, whi∣che together with the decree, confirma∣tiue thereof, deserueth perpetuall re∣membrance and honour, as the meane whereby the posteritie may knowe such as looke so simply to their affaires, or fraudulently seeke to defeate their credi∣tors

of their right, that they be forced to submitte them selues to the dishonoura∣ble wearing of a greene Cappe or Hatte vnder paine of imprisonment on the be∣halfe of their creditors, so often as they bee founde destitute thereof.

Which neuerthelesse is not ment to tend to any such note of infamie as there∣by to be debarred or reiected from lawful witnessing, or bearing such office or auto∣ritie, as otherwise they might bee ca∣pable of, in cace all other their behaui∣our were correspondence. Neyther ought any Annuels, Quinquenelles, or cession of goodes to bee otherwise taken, tollerated and allowed, then for mischan∣ces happening through fire, water, wars, or such like, when without doubt, by some ineuitable inconuenience, the losse of all or most parte of a mans goods doe thereto driue and enforce the petitioner, not his owne manifest negligence or wil∣ful wast, and so to haue recourse to those meanes, yea sometimes before that debt bee due, for the whiche they sue out the sayde Annuells, Quinquenelles, respits,

or cessions of goods: during the allow∣ance of which suites, they shall not be for∣ced to put into the officers handes those summs of money which they owe, except the said suite be compassed after condem∣nation. Neyther is the suiter to be em∣prisoned, after hee hath procured his cre∣ditors to be summoned to appeare at the admission of the sayde Annuells, and Quinquenelles, but beeing so empriso∣ned, is to be released and set at lebertie.

Father, a man condemned for tres∣passe in amendes, is not receiuable to the Cession of goodes. Many other things are also to be cōsidered before any be for∣ced to the said cession in respect of the in∣terest that sundry creditors haue thereto: and therfore it is meete that any appeare at the suite commenced and prosecuted a∣gainst the debtor for deteyning his per∣son, by reason hee hath no goods (as is to be presupposed) wherewith to pay: but if he haue any, thē he ought to cōfesse thē to his creditor, to the ende, bee may there∣with be satisfied according to reason. All which notwithstanding, it is to bee noted,

that a man giuing vp his goodes in ma∣ner aforesayde, can not be taxed with any spotte of infamie, reiected from witnes∣sing on any behalfe, or made incapable of bearing suche office as otherwise hee might, or by right ought to enioy.

For cession of goods simply, is a fa∣uour to the poore, and by lawe admitted for sundry commendable respectes, and therefore is not to breede contempt a∣gainst those that by pouertie, or other in∣conuenience are forced to submitt them∣selues to such extremitie of lawe.

This therefore may be a sufficient warning to all creditors, wisely and chri∣stianlike, to vse their duetie as is before specified: also to such needy debtors, that in time they haue recourse to others ac∣cording to reason, before they be compel∣led to weare a greene Cappe or Hatte at their creditors costes, as by this for∣mer decree, confirmatiue of the sen∣tence of the abouenamed ordinarie iudge of La Vall, the day and yeere afore∣sayde, it is both learnedly, circumspect∣ly, and wisely ordeyned.

Let this therefore serue as an example to all wis••, discreete, and wary per∣sons in euery common wealth. Farewell friendly reader, and take in good woorth this simple discourse: groū∣ded vpon the saide sentence and decree.

FINIS.

Notes

• * 2.1

  Annuells & Quinque∣nelles are yeerely, and fiue yeerely protections for debts.