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A02979 The Kings edict and declaration vpon the former edicts of pacification Published in Paris at the parliament held the xxv. of Februarie. 1599. At Paris, by the printers and stationers ordinary to the King. 1599. Cum priuilegio dictæ Maiestatis.; Proclamations. 1598-04-03 France. Sovereign (1589-1610 : Henry IV); Henry IV, King of France, 1553-1610. 1599 (1599) STC 13120; ESTC S103955 31,848 68

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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
THE KINGS EDICT AND DECLARATION VPON THE FORMER Edicts of Pacification PVBLISHED IN PARIS AT THE PARLIAMENT HELD the xxv of Februarie 1599. AT PARIS By the Printers and Stationers ordinary to the King 1599. Cum priuilegio dictae Maiestatis LONDON Printed by R. F. for Thomas Man 1599. THE KINGS EDICT AND DECLARATION VPON THE FORMER EDICTS OF PACIFICATION HEnrie by the grace of God king of Fraunce and Nauarre to all that are present and to come greeting Amongst the infinit benefits which it hath pleased God to bestow vpon vs this may well be accounted and esteemed as one of the most rare and notable namely that it hath pleased him to giue vs the grace and power to vndergo and beare out the hideous and dreadfull monster of troubles confusions and disorders which were rife and ouerflowed this whole Realme at our comming to the Crowne as being then deuided into so many parties and factions and that in such sort as that the most loyall and naturall part was in a maner the least and withall in such sort to haue opposed and strengthened vs against such boystrous blasts of stormie tempests as that we haue in the end ouerrid and ouercome them arriuing at the length in the hauen of the safe deliuerance and peaceable quietnes of this estate Of all which let God haue the whole and onely praise and glorie and we so stirred vp prouoked and bound to him thereby as that we may neuer surcease or giue ouer the offering vp of our self in all the best maner of seruice we can for the perfecting ful accomplishing of this worthie worke wherin his hand and power hath bene most clearely and manifestly shewing it selfe vnto the sight of all men giuing vs to beare and vndergo not onely so much as our place and abilitie did require but much more and farre aboue the same and that in such sort and measure as our dignitie considered in any other time would haue bene verie vnmeete and inconuenient as neuer fearing to hazard therein our princely renowne by the free exposing of our limmes and life so oft vnto so many dangerous occurrences accompanying the same But now whereas we haue found it vnpossible to settle and bring into good order so confused a heape and multitude of so great so weightie and so dangerous affaires and businesses at once and at one time we haue thought good to take this course namely to attempt in the first place such things as could not but by force might be atchieued reseruing for a better time the other which ought and might be determined by reason and course of iustice As for example the generall quarrels that then raigned amongst our good subiects and the particular mischiefs and iniuries lying vpon the soundest and most trusty parties of our kingdome all which we iudged much more easie to be redressed and cured whē the ciuill warres the originall cause of continuance of the same should be cut off and taken away Now we hauing by Gods assisting hand wel and prosperouslie preuayled herein to the vtter extirpation of warres and all maner of hostility out of all the corners and quarters of our realme we hope with as good successe to compose and set in order the matters as yet out of square and order that so we may attaine the full establishment of a firme peace and setled quietnesse which hath alwaies bene the scope and drift of all our desires and resolutions and the price we aymed at in al the paines and trauels which we haue vndertakē throughout the whole course of our life Now amongst the affaires and matters with patience and cōtinuance of time to be remedied that one of the chiefest and most principall thereof were the complaints which we receiued from many of our prouinces and Catholike townes for that the exercises of the Catholike religion were not generally again established according to the Edicts heretofore made for the pacifying of the troubles which had risen and sprong from the cause of Religion As also the supplications and admonitions offred vnto vs by thē of the pretended reformed religion as well cōcerning the default lacke of due execution done of that which hath bene granted vnto thē by vertue of the aforesaid Edicts as also for that they desired that there might furthermore be added vnto the said Edicts the establishmēt of the exercises of their said Religion the liberty of their consciences the safty and securitie of their persons and goods presuming that they had iust matter to draw them to the entertaining of some new and great conceits by reason of the last troubles and disturbances alleaging that the principall drift and occasion thereof was plotted and layed to entrap and wholy to ouertread them Which things that we might not ouercharge our selfe with multitudes of businesses at one time as also in asmuch as the raging heat of warres did gainsay and hold out all establishment of lawes how good wholsome and necessarie soeuer they might haue bene we haue still deferred from time to time to prouide for But now seeing it pleaseth God to giue vs to inioy some better quietnesse and rest we haue iudged that the same cannot better be imployed then to make it our leisure and liberty to respect and take in hand the things concerning his glorie and holie worship and to prouide that he may be honoured and serued of all our subiects and that though it please him not to haue it after one maner of forme and in one kind of religion it may be at the least to one and the same intention and with such a cariage as may be free from all maner of troubles and tumults that otherwise would rise amongst them and that we and this our Realme may euermore deserue and conserue the glorious title of Most Christian which hath so long since for so manifold our merits deserts bene purchased and obtained and by the same meanes take away the cause of mischiefe and trouble which may rise vpon the matter of religion as being the thing that alwayes moueth the heart and eyes more then all other things besides For this cause we hauing considered the waightinesse of the matter and that it deserueth with all carefulnesse to be looked into and hauing againe receiued the humble requests and supplications of our Catholike subiects as also hauing permitted our said subiects of the pretended reformed Religion to assemble together by their Deputies to make theirs ready and to inclose together and shut vp in one what they haue to say or alleage for themselues and about the same matter to conferre with them diuerse times and hauing further perused the said former Edicts throughly haue thought it meet to frame a generall plaine vpright or indifferent and absolute law concerning the whole matter in the behalfe of all our subiects that by it they may be ruled in such controuersies as heretofore haue risen amongst them hereby or which hereafter might rise amōgst