four members of the faid council, that are citizens; and the Syndic then prefident fhall enter the names of the eight who fhall have the most votes. This being done, every member of the two hundred fhall nominate two of those eight; and the four who fhall have most votes fhall be presented to the general council, together with the counfellors of the lef fer council.

§ 4. If it fhould happen that any members of the leffer council fhould not be elected and confirmed in a general council, by a majority of votes, they fhall continue, nevertheless, members of the council of two hundred, and of that of fixty; and may be elected members of the leffer council again.

If the faid members, having been again elected counsellors, be excluded a fecond time by the preference which the general council may give to others, they fhall not be eligible any more to the office of counfellor.

Likewife, if, during the time that they remained members of the two hundred, they fhall have been once of the number of the four which were prefented to the general council, together with the counsellors of the leffer council, and fhould not then be elected counsellors by the general council; they cannot be prefented thereunto a fecond time for the fame purpose.

5. The law enacted in this article, with respect to reelection, fhall not begin to be in force 'till the year 1773; and only in the cafe affigned in § 1. Excepting in this cafe, that the election of the leffer council, and the annual confirmation of its members fhall continue to be made as formerly, and according to the edicts. But in the cafe, where the council of the two hundred fhall be excluded by holding up of hands, any member of the two hundred, who shall have entered into the council by the election of the general council, according to the tenor of this article, fuch exclufion fhall have no effect without the confirmation of the general council.

$ 1. The four Syndics, the lieutenant, the fenior Syndics, the treafurer, the firft auditor, the attorney general, and the two members of the two hundred chofen by lot, not refufing, fhall affift at the cafting up the poll for the annual revifion, made by the two hundred, of the members of the leffer council.

§ 3 All other returns fhall be caft up in the manner of article q. entitled the manner of executing the edit, contained in page 66. of the political cdicts.

ARTICLE

An ECLAIRCISSEMENT upon the fubject of official Imprisonments, with respect to citizens, burgesses, natives and inhabitants.

I. The councils, fyndics, lieutenant, and auditors of juftice, may cause to be feized and arrested, every person against whom there fhall be plaint or charge relative to an offence. But in future, no citizen, burgefs, native, or inhabitant, can be imprisoned ex officio, 'till after being brought, if he demands it, to one of the Syndics, or to the lieutenant, or council; provided, that the writ of arreft fhall have proceeded from the faid council; the auditor who fhall have arrefted him fhall give him that offer; and he may cause the faid prifoner to be conducted under good and fure guard, if he judge it neceffary. If the council were not fitting when the prifoner fhall have been arrefted by its order, or shall not think proper to hear the faid prifoner itfelf, it may charge one of the Syndics, or the lieutenant, with the imprisonment.

§ 2. The Syndic, or the lieutenant, to whom the prisoner fhall have beer. brought, as well as the council, in cafe the writ of arreft fhall proceed from thence, and when it fhall judge it proper to hear him itself, after having heard the report of the auditor, and examined, and interrogated the prifoner, fhall order the imprisonment, if there be occafion, or the release.

§ 3. In case the prisoner fhall have been brought before one of the Syndics, or to the lieutenant, the auditor fhall iffue a verbal procefs of what fhall have paffed in his prefence; and thofe magiftrates fhall be bound to inform the council thereof, that very day, or at its next fitting, of the motives of imprifoment or release, and to report thereunto the verbal process of the auditor, as well as the informations by writing, if there be any; that the council may confequently decree that which is right.

$4. The prifoner can never demand to be brought before one of the fyndics, or the lieutenant, in cafe of a flagrant erime, or quarrels attended with bloodshed, or a great and evident wound.

§ 5. After imprisonment, the criminal procefs fhall follow in conformity to the edicts, even though the council cannot have any cognizance thereof.

$ 1. If the council find the cafe of a perfon accused be not heinous enough to be treated, nd profecuted, according to the process prefcribed under title 12, of the civil edict, and article 30, of the regulation of 1728; and if they think that the faid cafe may be drawn up, and judged in a fummary manner; they fhall give notice thereof to the criminal, who VOL. III.

Hh

hall

fhall have the liberty of demanding them to make ufe of the faid procefs with refpect to him.

$2. In all cafes which shall be found by the council of fuch a nature, as to be treated according to the purport of the faid 12th title, and article 30, or in which the criminal fhall have demanded it, the advocate fhall join iflue; and he may, during the courfe of the process, make fuch requifition as he fhall judge fit.

3. In every cafe in which he fhall be abfent, fick, or decline to be challenged, the council, fhall continue to appoint, or fubftitute another in his room, according to cuftom.

1. To render the challenging of fyndics in criminal causes more rare, and that the courts who fhall be called to take cognizance thereof, be not too much deprived of judges; for the future, challenges in criminal matters fhall not extend below the children of coufin-germans; exclufive of relations of the fame name and family, who fhall be challenged, of what degree foever they be,

§ 2. If notwithstanding this reftriction in the challenging of judges, the four fyndics fhall find themfelves liable to be challenged, he that is the leaft liable to be challenged among the fyndics, and those who fhall have been invefted with that office for three years before, fhall be prefident in the court; and if fuch prefident fhall not have been a fyndic, he fhall be judged to be freed from the oath which he took when he came to the office of fyndic; and the wand, or baton, fhall be fent him again by one of the fyndics, for pronouncing fentence.

1. The fubjects of the Republic fhall enjoy the right of applying to the council of two hundred, in the fame manner as it is granted to the citizens, natives, and inhabitants, by article 31. of the regulation of 1738. Foreign criminals fhall likewife enjoy the fame right, after they are capitally condemned; and the council may admit them to this recourfe for every other punishment, when it fhall be judged convenient; in which cafe they fhall obferve the ufages prescribed by article 31, aforefaid.

2. No citizen, burgefs, native, inhabitant, or subject of the public, can have recourfe to the council of two hundred, if he shall not have been condemned by the definitive judgment of the leffer council to imprifonment for fix months, to banishment for one year, to fulpenfion of the honourable rights of a burgefs during five years, or have been declared infamous in exprefs terms; or condemned to any other punishpent more capable than any of thefe, without derogating

in the leaft from the procefs, prefcribed by article 31, aforefaid.

ARTICLE. X.

§ 1. The fyndics, lieutenant, and the auditors, when it is propofed to arrest or conduct any prifoner or malefactor, or any who fhall difturb the public peace, and they fhall not have a fufficient number of officers, may call in the foldiery from one of the posts of the garrifon, to the number of fix, to their affiftance. But the faid foldiers fhall not be employed in the city for such purpose, but in the prefence, or under the au thority of the magiftrates aforefaid; excepting in such cases where the parties themfelves fhall call in the guard or patrole to their affistance. The patrole, may likewife, as heretofore, arreft and conduct to the guard-house, thofe who disturb the public fafety and tranquility.

§ 2. With refpect to the out-parts of the city, the patroles of the garrifon, may continue to be employed for the fafety and police of the city precincts; but they fhall not enter into any houfe, without order, in writing, from the fyndic of the guard, and unless for fearch after malefactors, which shall be done in the prefence of the tithing-man, or deputy tithingman of the place, or in their abfence, by fame perfon known in the neighbourhood, who fhall affift in the fearch, that thall there be made; excepting nevertheless, when the parties themselves fhall call in the guard, or the faid patroles to their affiftance: and all the foldiers of the faid patroles fhall have fome diftinguishing mark, whereby they may be known again.

ARTICLE XI.

§ 1. The leffer council fhall admit, this prefent year, to the honour of burgeffes, twenty natives chosen by lot, four of which fhall be fons of inhabitants, and fix the fons of natives, grandfons of inhabitants, or of the most ancient families of natives, and in the four fucceffive years, the council fhall admit five by lot, to the honour of burgeffes; of which one shall be the son of an inhabitant, and four the fons of natives, as aforefaid; without prejudice to others, whom the council fhall be willing to receive in the usual method.

§ 2. The natives, who fhall afpire to the honour of a burgefs, fhall apply themfelves by petition to the council; which, after having feen the opinion of the attorney general thereupon, fhall caufe to be drawn by lot, from the number of those who shall be found admiffible, twenty natives of the first and five in each of the four years fucceeding, obferving the proportions prescribed in the paragraph preceeding.

year,

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3. This manner of admitting the natives to the degree of burgefs by lot, fhall be obferved only during five years; after which the council fhall receive five natives every year, always including among them the fon of an inhabitant, and proceeding to fuch a choice in the ufual manner.

$4. During the first five years, the council fhall not demand more than four thousand florins from every one of the natives, who is fon of an inhabitant, for his admiffion as a burgefs; and with refpect to the fons of natives, the fum fhall be diminifhed, five hundred florins for every generation of antiquity; and with refpect to the fons of natives, it shall be diminished in the proportion established as aforefaid. Leaving it nevertheless, to the prudence of the council to moderate the fine with refpect to perfonal abilities and merit.

5. Every one of thefe new burgeffes fhall, moreover, pay for an affortment of arms for the arfenal, and an hundred florins towards the library, befides the ufual expences which are paid into the chancery.

6. The natives, mafters of different profeffions, may trade in the commodities of their refpective profeffions, and fuch as relate thereunto, which are made in the city, conforming the felves to the regulations of their faid profeffions, and to the laws of commerce, they may likewife execute fuch commiflions as they receive from abroad."

§ 7. The natives may be admitted phyficians, furgeons, apothecaries; and exercife the faid profeffions, conforming themselves to the regulations. They hall likewife be admitted to one of the places of the livery, in all liveries wherein there fhall be more than one liveryman: provided neverthelefs, that the burgeffes fhall have a preference to the fame right.

$ 8. The dues, established by the regulations, and ordinances, payable to the treafury by the natives, for their admiflion to profeffions and liveries, fhall not be paid by them, but when they fhall take up their faid freedom or liveries,

ARTICLE

XII.

$ 1. All the edicts, which the prefent regulation does in no wife derogate from, fhall continue to be observed and enforced conformably to what is practifed at prefent; but, after that the general code of edicts fhall be made, no other ufages and cuftoms fhall be received, but fuch as fhall not be contrary to the edicts.

ARTICLE

XIII.

1. The leffer and grand councils fhall examine next, and when the estate of the finances fhall appear to them to give them leifure, if it be convenient to augment the honorary members of the council; provided nevertheless, that the fum, which makes the diftinction between the honorary syn

dics