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A06372 The true originall edict of Nants as it was enacted by Henry the third, and confirmed by the last French King Henry the fourth of famous memory. And reestablished by Lewis the thirteenth, for the better assurance of those of the reformed religion, as appeareth by the Kings Edict of peace, dated in the campe at Mompellier the nineteenth of October 1622. and proclaimed throughout all his dominions for a finall ending of all ciuill troubles. Cum priuilegio.; Edit de Nantes. English France.; France. Sovereign (1574-1589 : Henry III) 1622 (1622) STC 16843; ESTC S103960 28,148 58

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Magistrates or by the Commissaries whom we shall depute for the execution of this present Edict there be as commodious a place allotted them for this purpose as may be And such Churchyards as heretofore they had and whereof they were depriued by reason of the troubles shall be restored them except they be at that present built vpon of what qualitie soeuer they be in which case they shall be prouided of others at free cost XXIX We most expresly enioyne our said officers to haue a care that at the said interments no scandall be committed and they shall be bound within fifteene dayes after request made to prouide those of the said Religion of a commodious place for their said burials without vsing any delay or protraction therein vnder penaltie of fiue hundred crownes to be seissed on their proper names and persons The said officers also as well as all others are prohibited to execute nothing for the conueyance of the said dead bodies vpon penaltie of seuere punishment XXX To the end that iustice may be yeelded and ministred to our subiects without any partialitie hatred or fauour as being one of the principall meanes to maintaine them in peace and concord we haue and do ordaine that in our Court of Parliament of Paris shall be established a Chamber or Counsell of estate consisting of one President and sixteene Counsellours of the said Parliament which shall be called and entitled the Chamber of the Edict and it shall examine not onely the causes and processes of those of the said pretended reformed Religion which shall be within the iurisdiction of the said Court but also of those depending on our Courts of Normandie and Brettaine according to the immunitie conferted vpon it by this present Edict and this to go current vntill in each of the said Parliaments there be established a Chamber to minister iustice in their proper precincts We also ordaine that of the foure offices of Counsellours in our said Parliament of Paris being of the last erection by vs made there shall be presently receiued and entertained into the said Parliament foure of those of the said pretended reformed Religion sufficient and capable who shall be thus distributed the first receiued into the said Chamber of the Edict and the other three in order as they haue bene receiued into three of the Chambers of Inquests and moreouer that of the two first offices of lay Counsellours of the said Court which by the death of any one shall grow vacant they shall be furnished with two of the said pretended reformed Religion and they thus receiued to be distributed into the two other Chambers of Inquests XXXI Besides the chamber heretofore established at Castres for a reference to our Court of Tholouse which shall continue in the estate it now stands we haue and for the same consideration do ordaine that in each of our Courts of Parliament both of Grenoble Bourdeaux there shall be likewise a Chamber consisting of two Presidents the one a Catholicke and the other of the pretended reformed Religion and of twelue Counsellours whereof sixe shall be Catholickes and the other sixe of the said Religion which Presidents and Catholicke Counsellours shall be selected and chosen by vs out of the bodie of our said Courts And as for those of the said Religion there shall a new creation be made of a President and sixe Counsellours for the Parliament of Bourdeaux and of a President three Counsellours for that of Grenoble who with the three Counsellours of the said Religion which are at that present in the said Parliament shall be employed in the said Chamber of the Daulphiney And the said offices of the new creation shall be lyable to the same pensions honours authorities and preheminences as the other of the said Courts And the said Sessiō of the said Chamber of Bourdeaux shall be in the said Bourdeaux or at Nerac and that of Daulphiney at Grenoble XXXII The said Chamber of Daulphiney shall determine the causes of those of the pretended reformed Religion with reference to our Parliament of Prouence without hauing need to take letters of summons or other citations then in our Chamber of Daulphiney as also they of Normandie and Brettaine of the said Religion shall not be vrged to take letters of summons or other citations then in our Chancerie at Paris XXXIII Our subiects of the Religion of the Parliament of Burgundie shall haue the election and choice to pleade in the Chamber erected in the Parliament of Paris or in that of Daulphiney And they shall not also be tyed to take letters of summons or any other citations but in the said Chanceries of Paris or Daulphiney according to their owne opinion and liking XXXIIII All the said Chambers disposed as aforesaid shall determine and iudge in soueraigntie and sentence definitiue by finall decree before all other of suites and differences moued and to be moued in which they of the pretended reformed Religion shall be principall parties or warranties in cases of plaintiffe or defendant in all matters as well ciuill as criminall whether the said processe be by writ or verball appeales and that if it so seeme good to the parties or that one of them requireth it before any Plea in the cause in respect of sute to be commenced alwayes excepted matters of benefices and the possessors of tenthes not enfeoffed Ecclesiasticall patronages and causes wherein the rights Demaine of the Church are questioned all which shall be ended and iudged in the Courts of Parliament without that the said Chambers of the Edict shall haue any thing to do to determine therein As also our pleasure is that to iudge and recide criminall causes which shall happen between the said Ecclesiastickes and those of the pretended reformed Religion if the person Ecclesiasticall be defendant in this case the iudgement of the criminall cause shall belong priuatiuely to our Soueraigne Courts of the said Chambers and where the Ecclesiasticke shall be plaintife he of the said Religion defendant the iudgement and determination of the criminall cause shall belong by appeale and in the last reference to our said established Chambers The said Chambers also in vacation times shall determine of matters referred by the Edicts and Ordinances to the Chambers or Courts established in times of vacation each one in his proper prerogatiue XXXV The Chamber of Grenoble shall from this present be vnited and incorporated to the body of the said Court of Parliament and the Presidents and Counsellors of the said pretended reformed Religion entitled Presidents and Counsellors of the said Court and held in the rancke and number of them and for these ends they shall be first disposed of in the other Chambers and then culled and drawen out from them to be employed and to serue in that which we institute anew with iniunction notwithstanding that they shall be present and haue a voice and session in all deliberations made and Counsels assembled and shall enioy the
pretended crimes of treason or others notwithstanding the which proceedings Iudgements and Decrees comprehending reunion incorporation and confiscation our meaning is that those of the Religion and others who haue followed their partie and their heires shall reenter into the reall and actuall possession of all and each of their goods LIX All procedings made Iudgements an decrees giuen during the troubles against those of the said Religion that haue borne armes or withdrawne themselues out of our Realme or within the same into townes and countries by them held for some other occasion then that of Religion the troubles together with all exemptions of instances prescriptions as well legall conuentionall as those vsuall and customarie and feodall seizures accrewing during the said troubles or by lawfull impediments arising thereof and whereof the censure remaineth in our Iudges shall be esteemed as not performed hapned nor granted and such we haue and do declare them to be and haue and do annihilate and the parties shall haue no aide nor authoritie herefrom but they shall be restored to the same estate wherein before they stood notwithstanding the iudgements and executions of them and the possession shall be restored to them wherein they were for this respect That aboue mentioned shall likewise take place in respect of others who haue followed the partie of those of the said Religion or that haue absented themselues out of the Kingdome by reason of the troubles And for the yonger children of those of the condition aboue mentioned which died during the troubles we restore the parties to the same estate wherin they were before without paying charges or being bound to bring in any forfaites but yet we do not meane that Iudgements denounced by Presidentall Iudgdes or other inferior Iudges against those of the said Religion or that haue followed their partie should remaine inualidious if they haue bene denounced by Iudges keeping their Sessions in townes by them held and whither they had free accesse LX. The Iudgements denounced in our Courts of Parliament in matters the decision whereof belongeth to the Chambers ordained by the Edict of the yeare 1577. and the Articles of Nerac and Flex in which Courts the parties procecded not voluntarily that is to say they haue alledged and propounded ends declinatorie or which haue bene denounced through defaut or misprision as well in matters ciuill as criminall notwithstanding the which ends the said parties haue bene constrained to go forward shall likewise be annihilated and of no worth And in respect of Iudgements giuen against those of the said Religion who haue proceeded voluntarily without propounding declinatorie endes those Iudgements shall remaine in force and yet without preiudice to the execution of them they may if they thinke good take some course by way of ciuill request before the Chambers ordained by this present Edict and the time runne set downe by the Ordinancies shall be no preiudice to them and vntill the said Chambers and their Chanceries be established verball Appeales or those by writing propounded by those of the said Religion before the Iudges Registers or Committies executors of Sentences and Iudgements shall take the same effect as if they had bene procured by letters patents LXI In all inquiries made vpon what occasion soeuer in ciuill causes if the Inquisitor or Commissarie be a Catholicke the parties shall be bound to appeare with one consent and if they appeare not one shall be taken by vertue of his Office by the said Inquisitor or Commissarie who is of the said pretended reformed Religion and the like course shall be taken when the Commissarie Inquisitor is of the said Religion for the partie which shall be Catholicke LXII We will and ordaine that our Iudges shall determaine of the validitie of Testaments wherein those of the said Religion shall be interessed if they demand it and the Appeales of the said Iudgements may be taken out of the said Chambers ordained for pocesses of those of the said Religion notwithstāding all customes to the contrarie yea euen those of Brettaine LXIII To preuent all differences which may happen betweene our Courts of Parliament and the Chambers of those Courts ordained by our present Edict we will set downe an ample and plaine order betweene the said Courts and Chambers and such as those of the pretended reformed Religion shall haue entire benifite of by the said Edict which order shall be ratified in our Courts of Parliament and obserued and kept without hauing respect to those precedent LXIIII. We prohibit and forbid all our soueraigne Courts and others within this Kingdome to determine or Iudge the ciuill or criminall causes of those of the said Religion the triall whereof by our Edict is referred to the said Chambers so any returne be demaunded as was expressed in the fourth Article aboue mentioned LXV Our will also is by way of care and circumspection and till we haue otherwise ordained that in all sutes moued or to be commenced wherein those of the said Religion shall stand as plaintifes or defendants parties principall or warranties in ciuill causes wherin our Officers Presidentall tribunes haue power to Iudge for a last triall they be permitted to demād that two of the Chamber where the cause is to be tried abstaine from the Iudgement of them who without alledging any cause shall be bound in this case to abstaine notwithstanding the Ordinance by which the Iudges cannot be excepted against without iust cause there remaining vnto them besides this Refusals of right against the others and in matters criminall wherein also the said Presidents and other royall Iudges subalternate iudge with peremptorie triall the conuented being of the same Religion may demand that three of the said Iudges abstaine from iudgement of their causes without any expression of cause And the Prouosts of the Marshals of France Vicebailifs Vicemarshals Lieutenants of the short Robe and other Officers of such like qualitie shall iudge according to the Ordinances and Rules heretofore set downe in respect of vagabonds and as for housholders charged and ceassed with maintenance of Prouosts if they be of the said Religion they may demand that three of the said Iudges abstaine from iudgement of their causes and they shall be bound to abstaine without any expression of cause except when in the companie where the said causes shall be iudged there be to the number of two in matters ciuill and three in matters criminall of the said Religion in which case they shall not be permitted to refuse without allegation of cause the which shall likewise be common and reciprocall to Catholickes in manner and forme aboue mentioned in respect of the refusall of Iudges where those of the said pretended reformed Religion shall be in greater number But yet we do not meane that the said Presidentall Tribunals Prouosts of Marshals Vicebailifs Vicemarshals or other which iudge with absolute triall should take vpon them by vertue of that which hath bene said the iudgement of tumults