their writs of remoue and letters of confirmation from any where else then in the said courts of Chancerie of Paris or Dolphine according as they themselues shall thinke good XXXIIII All the said Courts composed and appointed as aforesaid shal determine and iudge with soueraigne authoritie and vnauoydable sentence by iudgement vncontrolleable by anie others of the sutes and controuersies raised or to be raised in which those of the said pretended reformed religion shal be the parties principal or the warrāts in demāding or defending that in all maner of matters either ciuill or criminall whether the said sute be by writ or extemporal appeale and that if it so seeme good to the said parties and the one of them require the same before protestation made in the cause in regard of the remouing of the sute excepted notwithstāding al matters of benefices the personages not impropriate ecclesiasticall patronages and all other such causes as wherein shall be handled the rights and duties or reuenues of the Church all which shall be handled and iudged by the courts of Parliament the said Assemblies and courts of the Edict hauing nothing to do to take acknowledgment of the same As likewise it is our will and pleasure that for the iudging and deciding of causes criminall which shal happen betwixt the said Ecclesiasticall persons and those of the said pretended reformed religion if the Ecclesiasticall partie be defendant in such case the triall and iudgement of such causes criminall shall belong vnto our soueraigne high Courts denying all dealing therin vnto the said courts of the Edicts and where such Ecclesiasticall partie shall be plaintife and the partie of the said religion defendant the triall and iudgement of such criminall cause shal appertaine by appeale and with power of absolute definitiue sentence to be determined of in the said established Courts of the Edict The said courts likewise shall heare and examine in vacation times such matters as by the Edicts and ordinances are allotted apointed to be heard and examined of the said established courts in vacation times euerie one in his precinct and iurisdiction XXXV The said court of Grenoble from henceforth shal be vnited and incorporated to the body of the said court of Parliament and the Counsellers and Presidents of the said pretended reformed religion called Presidents and Counsellers of the said court and so held and accounted of the ranke number of the same and for these purposes they shall be first disposed of placed in the other Courts and after drawne out from them to be imployed and do their seruice in such courts as we shall ordaine anew and withall in the places of their charge where they shall be assistant they shall haue a voice and seat in all the consultations which shall be held by the officers of the courts assembled and come together and shall enioy the same fees authoritie and preheminences with the other Presidents and Counsellours of the said court XXXVI And further it is our wil and intent that the said Courts of Castres and Burdeaux be reunited and incorporated in the sayd Parliaments after the same manner that the others are when neede shall be and that the causes mouing vs to make such establishmēt shall cease and shall not haue any more place amongst our subiects and for the same purposes the Presidents and Counsellors of them of the sayd Religion shall be called and held for Presidents and Counsellours of the sayd Courts XXXVII There shall be likewise created and ordained anew in the Court ordained for the Parliament of Burdeaux two Substitutes of our Atturney and Aduocate generall of which our Atturney shall be a Catholike and the other of the sayd Religion and these shall be inuested with the sayd offices competent fees allowed thereunto XXXVIII The two sayd Substitutes shall not take vppon them any other quality or condition but that of Substitutes and when the Courts ordained for the Parliaments of Tholosa and Burdeaux shall be vnited incorporated vnto the sayd Parliaments the sayd Substitutes shall be placed in the offices of Counsellours in the same XXXIX The dispatch of writs out of the Chauncery of the Court of Burdeaux shall be in the presence of two of the Counsellers of the sayd Court whereof the one shall be a Catholike and the other of the sayd pretended reformed Religion in their absence one of the Maisters of the Requests of our sayd Towne House and one of the Notaries Secretaries of the sayd Court of Parliament of Bordeaux shall keepe residence in the place where the sayd Court shall be established or else one of the Secretaries Ordinaries of the Chauncery to signe the writs of the sayd Chauncery XL. We will and ordaine that in the sayd Court of Burdeaux there shall be two chosen out and appointed Registers of the sayd Parliament the one in Ciuill and the other in Criminall causes which shall exercise the sayd charges by vertue of our Commissions shall be called Commissioners for the Register Court Ciuill and Criminall and therefore shall not at any time be cast out or disanulled by the sayd Registers of the Parliament yet notwithstāding they shall be bound to render the profite and commodity of the sayd Register Court vnto the sayd Registers or Clarkes Which sayd Commissioners shall be rewarded by the sayd Registers as shal be adiudged and thought meete by the sayd Court. Furthermore there shall be ordained Sergeants that are Catholikes which shall bee taken in the sayd Court or from elsewhere according as we shall thinke it best besides which there shall also be two of the said religiō newly ordained freely prouided for al the sayd Sergeants shall be ruled by the said Court aswell in the discharging and deuiding of their charge and businesse as of the profits commodities which they ought to take There shall likewise be giuen forth Commission for a Payer of fees and for a Receiuer or Collector of the fines and amercements of the sayd Court for to haue such a one prouided as we shall thinke good if the Court be kept any where else then in the sayd City And the Commission heretofore graunted vnto the pay-maister of the fees for the Court of Castres shal take his full and intire effect and there shall be ioyned vnto the sayd charge the Commission of the receipts of the fines and amercements of the sayd Court XLI There shall care be had for the good and sufficiēt appointmēt of fees for the officers of the Courts ordained by this Edict XLII The Presidents Counsellers and other Catholike officers of the sayd Courts shall be continued as long as possibly may be and as we shall see it to make for our seruice the good of our subiects in this time of thus bearing with and tollerating of the one there shall prouision be made of others to succeed them in their places before their departure and therewithall in such sort
the inferiour Iudges against such of the said religion or such as haue followed that side and taken parties with thē should stand voyd if they were passed by the sayd sitting in the townes possessed and held by them and whereunto they might haue free accesse LX. The Iudgements passed in our courts of Parliament in matters the examination hearing and determining whereof appertained to the Courts ordained by the Edict of the yeare 1577. and the Articles of Nerac and Flex and in which courts the parties haue not willingly proceeded that is to say haue alleaged and propounded meanes of euasion and shifts to haue auoyded them or else haue had them ministred directly vnto them through default and want of appearance as well in matters ciuil as criminall notwithstanding which shifts the sayd parties haue bene constrained to continue their course of triall shall likewise bee made voyde and of no force And in consideration of iudgements passed against those of the sayd Religion which haue proceeded willingly and without seeking how to be freed from the same such sentences shal stand and abide and yet neuerthelesse without preiudice of the executiō for the same they may if they haue any mind thereunto find reliefe by petition such as is vsed in ciuill causes before the courts ordained by this present Edict so that the time limited by the ordinances be not too farre spent to their preiudice and againe vntill such time as the said Courts and Chanceries of the same be established appeales made by word or writing and entred by them of the said religion before the Iudges Registers commissioners or executioners of the said definitiue sentences and iudgements shall haue like effect as if they were relieued by the Princes letters patents LXI In all enquiries that shall be made for what cause soeuer it be in matters ciuill if the Inquisitor or commissioner be a Catholike the parties to be examined shall know it to be their parts and dutie to agree vpon some one to stand assistant with him and whereas they cannot agree the said commissioner or Inquisitor shall take out of the office some one that shal be of the said pretended reformed religion and the same course shall be practised when the Commissioner or Inquisitor shal be of the said religion for one to stand assistant with him the same shall be a Catholike LXII We wil and ordaine that our Iudges may determine of the validity and efficacie of such wils and testaments as those of the said religion shall be interested in if they require the same and the appeales from the said iudgements shall be to be relieued in the sayd courts ordained for the sutes of those of the religion any or all customes whatsouer contrarie hereunto notwithstanding no not that of Brittaine LXIII To meete with all the controuersies that might happen amongst our courts of parliament those courts belonging to the said courts and ordained by this our present Edict there shal be by vs drawne and set downe a good and large direction and order betwixt court and court and that such a one as that those of the said pretended reformed religion may wholly and throughly enioy the said Edict which order and direction shall be verified in our courts of parliament and kept and obserued without hauing relation to the former going before LXIIII. We forbid all our high courts and others of this realme to iudge and determine the ciuill and criminall suits depending or falling betwixt those of the said religion the determining and iudging wherof by our Edict is confirmed vnto the said courts of the Edict prouided that the writ of remoue be demaunded as it is said in the 40. Article aboue specified LXV We will also by the way of Prouiso and that so long as till we haue otherwise ordained that in all sutes raised or hereafter rising where they of the sayd religion shal be in the state and quality of plaintifs or defendants the parties principals or authors in matters ciuill wherein our officers and Presidentiall seats haue power to iudge in most absolute and peremptory manner it may be permitted them to require that two of the Court where their sutes must be tried and iudged doe abstaine from sitting in iudgement vpon or medling with them which two without further cause expressed shall know it to be their part and duty thereupon to abstaine any thing contained in the ordenance notwithstanding whereby the iudged shall of necessity become competent and free from all desert of refusall without iust cause there being reserued vnto them still ouer and besides this such refusall and exceptions as are grounded vpon right and equity against the others and in criminall matters wherein also the sayd Presidents and others the Kings vnder Iudges do determine and iudge as afore in most absolute and peremptory manner those that come before them being of the sayd religion may require that three of the sayd Iudges do leaue of to haue any thing to do with their cause without further yeelding of reason for any such their request And the Prouost-Marshals of Fraunce vnder Baylifes vnder Stewards Lieutenants of the short robes and other officers of like quality shall giue iudgement following the ordinances and directions heretofore deliuered in regard consideration of the matter of vagabounds and as for dwelling places surcharged and brought before them for matters concerning the Prouostship if they bee of the sayd religion they may require that three of the Iudges which haue power to sit in Iudgement would notwithstanding cease and abstaine from dealing at all in their causes and matters and that thereupon the sayd three shall accordingly take it their parts to giue ouer all dealing in the same without further expectation of any cause or reason for the same excepted alwayes if in the company where the sayd causes shall bee iudged there be to be found to the number of two in ciuill matters and to the number of three in criminal causes of the sayd religion for in such case it shall not be permitted them to take vp any such exceptions against any without shewing of good and sufficient reason which course shall be common and reciprocally vsed by the Catholikes according to the forme and manner aboue specified in regard of the sayd refusall and exceptions taken against any of the Iudges whereas those of the sayd pretended refo◅ed religion shall be of the greater number We do not meane notwithstanding that the sayd Presidentiall roomes of Prouost-Marshals vnder-Baylifs vnder-Stewards others which haue authority to iudge in absolute peremptory maner shold take by vertue of that which hath bin said the knowledge of the troubles past And as for the crimes outrages cōming vppon other occasion then the troubles since the beginning of the moneth of March from the yeare 1585. vnto the end of the yeare 1597. in case that they come to their hearing and determining we will that therein they may make appeale to haue
their causes brought before the Courts ordained by this present Edict As it shall in like manner be practised for such Catholikes as haue bene companions in wickednesse and where those of the sayd pretended reformed religion shall be parties LXVI We will likewise and ordaine that from hencefoorth in all manner of instructions being of other quality then the informations of Criminall controuersies in the Lieutenātries of Tholosa Carcassonne Rouergue Loragais Beziers Montpellier and Nismes the Magistrate or Commissioner deputed for the sayd instructions if he be a Catholike shal be bound to take vnto him one of the pretended reformed religion for an assistāt being such as the parties shal be agreed vpon and in case they cannot agree vpon any one then there shall be taken out of the office one of the sayd religion by the foresayd Magistrate or Commissioner as in like case if the sayd Magistrate or Commissioner bee of the sayd Religion he shall be bound in the same manner as is aforesayd to take a Catholike assistant LXVII When there shal be called in question any criminall controuersie by the Prouosts-Marshals or their deputies against any one of the sayd religion that is setled in a dwelling place as charging and accusing him of some capital crime the said Prouosts or their deputies if they be Catholikes shal be bound to call to the hearing examining and determining of the instructiōs or inditemēt framed to the matter one assistant of the sayd Religion and the sayd assistant shall ioyne with him in the iudgement of competency and in the iudgement or sentence definitiue to be pronounced in the sayd criminall cause which competency or indifferency cannot be iudged but in the Presidentiall roome or iurisdiction next adioyning in an open assembly with the principall officers of the sayd seate which shal be found vpon the places vpon paine of a nullity except that such as are come before them had made request that the competency might be iudged in the sayd Court ordained for the present Edict In which case of the dwelling houses in the Prouinces of Guyenne Languedoc Prouence Dolphinie the Substitutes of our Atturneyes generall in the said courts shall cause at the request of such as are there setled in houses to be brought into the same the charges informations put vp against them that so they may know and discerne whether the matters be capitall or no that afterward according to the quality of the crimes they may be by the sayd Courts referred to the ordinary or to be iudged by the authority of the Prouosts as they shall see reason most to perswade them to doe obseruing what is contained in our present Edict And the Presidentiall Iudges Prouost-Marshals vnder-Balyfs deputy Lieutenants and others which haue absolute power definitiuely and peremptorily to iudge shall be bound respectiuely to obey and satisfy the iurisdictions which shal be inioyned them by the sayd Courts altogether in such sort as they haue accustomed to do vnto the sayd Parliaments vppon paine of being depriued of their estate and dignity LXVIII All Cries Billes of sale and port-sales of heritages by which any man goeth about to prosecute the course of the law and directions of the Decree shall be made in places and at houres accustomed if it may possibly be so done following the maner layd downe in our ordinances or else in the publike markets if so be in the places where such heritages are situate and lying there be any market kept but and if there be not then the same shall be done in the market towne lying nearest to the sayd heritages within the iurisdiction and precincts of the iudiciall seat where deliuerie of such goods is to be made ouer into another mans possession and the affixes or billes of sale shall be set vpon the posts in the said market and at the entrance of the iudgement hall in the said place and by this meanes the said cries of sale shall stand good and effectuall and proceede according to the contents and meaning of the decree not being adiudged amongst the courses that are crossed and disanulled howsoeuer they might be alledged against the same to that end and purpose LXIX All titles papers euidences and instruments which haue bene taken shall be restored and giuen backe againe both on the one side and on the other vnto them vnto whome they appertaine although the said papers or the Castles and houses wherein they were kept haue bene taken and seazed vpon either by speciall commissions from the last deceased king our most honorable Lord and brother in law or from our selfe or by the commandement of the Gouernours and Lieutenants generall of our prouinces or by the authority of the chiefe and principall on the other side or vpon what other pretext colour soeuer it may be LXX Their children which haue withdrawne themselues out of our kingdome at any time since the death of the deceased king Henry the second our most honourable Lord father in law for the cause of Religion and of the troubles although that the said children be borne out of the Reame shall be held and accompted for naturall Frenchmen and as inhabiting and dwelling in our kingdome and we haue declared and do declare them to be such without suyng out of any writs of naturalization or any other warrant from vs then this present Edict all maner of ordinances contrarie hereunto notwithstanding which we haue abrogated do abrogate and yet we charge and command that the sayd children born in strange countreys shal be bound within ten years after the publishing of this present Edict to come and dwell in this our Realme LXXI Those of the said pretended reformed Religion and others which haue followed that side which had taken to farme any Offices Land Toll forraine impositions and other rights belonging vnto vs and haue not bene able to inioy the same because of the troubles shall stand discharged and we do discharge them of that which they haue not receiued of the said farmes or which without any fraude they haue paid elsewhere then into the receipts of our Fine offices all maner of obligations passed by them concerning these matters notwithstanding LXXII All maner of places cities and Prouinces of our Realme Countreys Lands and Dominions in obeissance vnto vs shall vse and enioy the same priuiledges immunities liberties freedomes faires markets iurisdiction and seats of Iustice which they vsed and enioyed before the troubles began in the moneth of March in the yeare 1585. and others going before all letters to the contrary and whatsoeuer translations of any of the said iudiciall seats notwithstanding prouided that they haue bene done onely vpon the occasion of the troubles which seats of Iustice shall be reduced and reestablished in the cities and places where they were before time LXXIII If there be as yet anie prisoners which are held by authority of Iustice or otherwise as namely in the galleys vpon the occasion of the troubles or