Selected quad for the lemma: cause_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	defendant_n	judgement_n	plaintiff_n	1,984	5	10.5099	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A56905	Synodicon in Gallia reformata, or, The acts, decisions, decrees, and canons of those famous national councils of the reformed churches in France being I. a most faithful and impartial history of the rise, growth, perfection and decay of the reformation in that kingdom, with its fatal catastrophe upon the revocation of the Edict of Nants in the year 1685 : II. the confession of faith and discipline of those churches : III. a collection of speeches, letters, sacred politicks, cases of conscience, and controversies in divinity, determined and resolved by those grave assemblies : IV. many excellent expedients for preventing and healing schisms in the churches and for re-uniting the dismembred body of divided Protestants : V. the laws, government, and maintenance of their colleges, universities and ministers, together with their exercise of discipline upon delinquent ministers and church-members : VI. a record of very many illustrious events of divine providence relating to those churches : the whole collected and composed out of original manuscript acts of those renowned synods : a work never be extant in any language.	Quick, John, 1636-1706.; Eglises réformées de France.	1692 (1692)	Wing Q209; ESTC R10251	1,424,843	1,304

Request to the Chambers ordained by this present Edict without suffering the time imported by those Ordinances to be ran out to their prejudice And till such times as the said Chambers and their Chanceries shall be established Appeals either by word of mouth or tendered in by writing by those of the said Religion before the Judges Registers or Deputies Executors of the Decrees and Judgments shall have the same effect as if they had been uplifted by Royal Letters LXI In all Inquests which shall be for any cause whatsoever in civil matters If the Inquisitor be a Catholick the Parties shall be bound to agree among themselves of another to be in Conjunction with him and in case they cannot agree the said Inquisitor or Commissioner shall by vertue of his Office take one unto himself who shall be of the said pretended Reformed Religion And the same also shall be practised when as the Commissioner or Examiner shall be of the said Religion he shall take an Assessor to himself who shall be a Roman Catholick LXII We Will and Ordain that our Judges may take knowledge of the validity of Testaments in which those of the said Religion are concerned in case they do require it and Appeals from those Judgments may be taken out from the said Chambers ordained for the Processes of those of the said Religion notwithstanding all Customs to the contrary yea and those of Brittain also LXIII To prevent all differences which may fall out in our Courts of Parliament and the Chambers of those Courts ordained by our present Edict we shall make a good and ample Regulation betwixt the said Courts and Chambers and such an one as that those of the said pretended Reformed Religion may intirely enjoy the benefit of the said Edict which regulation shall be verified in our Courts of Parliament and shall be kept and observed without any respect had unto the former LXIV We do prohibit and forbid all our Soveraign Courts and others of this Kingdom to take Cognisance of or judge in the Civil or Criminal Processes of those of the said Religion the Cognisance of which by our Edict is attributed unto the said Chambers provided that they demand the dismission of them thither according to what was said before in the 40. Article LXV We will also by way of provision and till we have taken some further course and shall have otherwise ordained that in all Processes moved or to be moved in which those of the said Religion shall be in the quality of Plaintiffs or Defendants principal Parties or Securities in civil matters in which our Officers and Presidial Courts have full power of judging finally without Appeal that they shall be permitted to require that two of the Chamber where the Processes ought to be judged shall abstain from giving judgment on them who without any cause shown shall be bound to abstain notwithstanding that Ordinance that the Judges may not be held for persons excepted at without cause offered they retaining over and above this those exceptions of right against the rest And in criminal matters in which also the said Presidial and other Subalternate Royal Judges do judge without Appeal the accused also of that Religion may require that three of the said Judges do abstain from judging of their Processes without shewing of any Cause And the Provosts of the Mareschals of France the Vice-Bailiffs the Vice-Seneschals the Lieutenants of short Robe and other Officers of the like quality shall judge according to the Ordinances and Regulations formerly given upon the account of Vagabonds And as for the Inhabitants in the Jurisdiction of those Provosts charged and accused if they be of the said Religion they may require that three of those Judges aforesaid who may take cognisance of their cause do abstain from judging of their Processes and they shall be bound to abstain without any cause shewed by them unless in that Company where the said Processes shall be judged there be no more than two in Civil matters and three in Criminal matters of the said Religion in which case they shall not be permitted to except against or refuse those Judges without shewing of a cause why And this shall be common and reciprocal with the Catholicks in that form as above as to their refusing of Judges where those of the pretended Reformed Religion shall be the greatest number And 't is not our meaning nor intention that the said Presidial Courts Provosts of Mareschals Vice-Bailiffs Vice-Seneschals and others who judge Soveraignly and without Appeal should in virtue of what hath been said take Cognisance of the palled troubles And as for Crimes and Riots which have fallen out upon other accounts than those of the late Troubles since the beginning of March in the year 1585. unto the end of the year 1597. In case they should take Cognisance of them we will that they may take out their Appeals from those judgments and bring them before the Chambers Ordained by this present Edict And the same shall be likewise practised by the Catholick Complices and where those of the said pretended Reformed Religion shall be Parties LXVI We Will also and Ordain that from henceforward in all Instructions besides the Informations of Criminal Processes in the Seneschallies of Tholouse Carcassonne Rouergue Loragais Beziers Montpellier and Nismes the Magistrate or Commissioner deputed for the said Instruction if he be a Catholick shall be bound to take an Assessor who shall be of the said pretended Reformed Religion of which the Parties shall agree and in case they cannot agree there shall be chosen by vertue of his office one of the said Religion by the Magistrate or Commissioner aforesaid As also in like manner if the said Magistrate or Commissioner is of the said Religion he shall be bound in the same form as was said before to take unto himself a Catholick Assessor LXVII When as the Provosts of the Mareschals of France or their Lieutenants shall be demanded to issue out a Criminal Process against an Inhabitant within their Jurisdictions who is of the said Religion and is charged and accused of a Crime which is triable in their Provost's Courts the said Provosts or their Lieutenants if they be Catholicks shall be bound to call in to the drawing up of the said Processes an Assessor of the said Religion which said Assessor shall be present at the Judgment of the Competency and at the definitive Judgment of the said Process Which Competency may not be judged but in the next Presidial Court in an Assembly of the principal Officers of the said Court who shall be present upon those very places upon pain of nullity unless that the Accused should require that the Competency should be judged in the said Chambers ordained by this present Edict In which Case as to what concerns the Inhabitants in the Province of Guienne Languedoc Provence and Dolphiny the Substitutes of our General-Attorneys in the said Chambers shall cause at the request of the said

of those of the said pretended Reformed Religion within the Jurisdiction of our Parliament of Provence they not needing to take out Letters of Evocation or other Provisions but in our Chancery of Dolphiny As also those of the said Religion in Normandy and Brittaine shall not be obliged to take out Letters of Evocation nor other Provisions but from our Court of Chancery in Paris XXXIII Our Subjects of the Reformed Religion in the Jurisdiction of the Parliament of Burgundy shall according to their will and choice plead in the Chamber ordained for that purpose either in the Parliament of Paris or in that of Dolphiny And they also shall not be bound to take out Letters of Evocation nor any other provisions unless from out of the said Chanceries of Paris or Dolphiny at their choice and pleasure XXXIV All these said Chambers composed as aforesaid shall take cognisance try and judge Soveraignly and without Appeal by Decree privatively of all others of all Suits and Differences moved or to be moved in which those of the said pretended Reformed Religion shall be the principal Parties or Defendants in demanding or defending in all matters as well Civil as Criminal whether the said Suits and Processes be by writing or by verbal Appeals and if it seem good unto the said Parties and one of them do require it before the Cause come to be contested with respect unto the Processes which may be moved excepting always all matters beneficiary and the Possessors of Tithes not impropriated Patronages of Churches and those Causes in which the rights and duties and Demean of the Church shall be debated all which shall be tryed and judged in the Courts of Parliament without granting any power unto the said Chambers of the Edict to take Cognisance of them As also we will that when as Criminal Processes shall fall out between the said Ecclesiasticks and those of the said pretended Reformed Religion if the Ecclesiastical Person be Defendant in this Case the Cognisance and Judgments of the Criminal Process shall belong unto our Soveraign Courts privatively of the said Chambers or if the said Ecclesiastical Person be Plaintiff and he of the said Religion Defendant the Cognisance and Judgment of the said Criminal Process shall belong by Appeal and finally without Appeal unto those Chambers beforesaid established Moreover those said Chambers shall take Cognisance in times of Vacations of matters attributed by the Edicts and Ordinances unto the Chambers established in time of Vacation every one of them in their Jurisdiction XXXV The said Chamber of Grenoble shall be from this instant united and incorporated with the Body of the said Court of Parliament and the Presidents and Counsellers of the said pretended Reformed Religion shall be accounted and called the Presidents and Counsellors of the said Court and shall be reckoned and taken in the rank quality and number of them And for these ends they shall be first distributed by the other Chambers and then extracted and drawn out from among them to be imployed and serve in that which we ordain anew but always on this condition that they shall assist and have Voice and Sessions in all Deliberations that shall be made when as the Chambers are Assembled and they shall enjoy the same Sallaries Authorities and Preheminencies which the other Presidents and Counsellors of the said Court do XXXVI We will and it is our mind and intention that the said Chambers of Castres and Bourdeaux shall be reunited and incorporated in those Parliaments in the same form as others when as there shall be need of it and that the Causes which have moved us to make the establishment shall cease and there shall be no place left for them among our Subjects And to this purpose the Presidents and Counsellors in them of the said Religion shall be accounted and held for Presidents and Counsellors of the said Courts XXXVII There shall be also a new Creation and Erection in the Chamber Ordained for the Parliament of Bourdeaux of two Substitutes of our Attorney and Advocate-Generals one of which said Proctors shall be a Catholick and another of the said Religion who shall be possessed of the said Offices with competent Sallaries XXXVIII And the said Substitutes shall not take unto themselves any other quality than that of Substitutes and when as the Chambers ordained for the Parliaments of Tholouse and Bourdeaux shall be united and incorporated with the said Parliaments the said Substitutes shall be provided of Offices of Counsellors in them XXXIX The Dispatches of the Chancery of Bourdeaux shall be made in presence of two Counsellors of that Chamber one of which shall be a Catholick and the other of the said pretended Reformed Religion in the absence of one of the Masters of Requests of our Houshold And one of the Notaries and Secretaries of the said Court of Parliament of Bourdeaux shall make his Residence in the place where the said Chamber shall be established or else one of the ordinary Secretaries of the Chancery to sign the Dispatches of the said Chancery XL. We Will and Ordain That in the said Chamber of Bourdeaux there shall be two of the Register of the said Parliament the one for Civil the other for Criminal Causes who shall discharge their Offices by our Commissions and shall be called the Deputies or Commissioners in the Civil and Criminal Office of the Register who notwithstanding may not be abandoned nor revoked by the said Registers in Parliament Yet nevertheless they shall be bound to bring in the Emoluments of the said Registers Office unto the said Registers and the said Deputies shall be paid their Sallaries by the said Registers as it shall be advised and arbitrated by the said Chamber Moreover it shall be ordained that the Catholick Ushers shall be taken out of the said Court or from elsewhere according to our pleasure over and besides which there shall be two new ones erected of the said Reformed Religion and who shall be put into those places without payment of Fine or Fees And all those said Ushers shall be regulated by the said Chamber as well for the exercise and division of their offices as for the Emoluments which they are to receive There shall be also set up by Commission a Payer of Wages and Receiver of Fines in the said Chamber which office shall be given by us to whom we please in case the said Chamber be established any where else than in the said City And that Commission formerly granted unto the Payer of Wages in the Chamber of Castres shall be in full power and effect and the Commission of the Receit of the Fines in the said Chamber shall be joined unto the said Office XLI There shall be good and sufficient Assignments made for the Officers Wages in the Chambers ordained by this Edict XLII The Presidents Counsellors and other Catholick Officers of the said Chambers shall be continued as long as may be and as we shall see meet for our

and joyned to the Acts of the aforesaid Synod DECREE the First THE Question moved is Who are those Persons that cannot Marry without Leave first had and obtained ANSWER Article I. All young Persons who were never Married be they Sons or Daughters and whose Parents are yet alive cannot dispose of themselves nor contract Marriage without the Consent of their said Parents unless they have attained their due Age in Law to wit the Son that of Twenty Years and the Daughter Eighteen and then they are dutifully to demand it in their own Persons or by others that they may be Married But and if their Parents should slight and make no account of their Request they may lawfully Marry without their Authority Article II. And this Self-same Rule shall be observed with Reference to Pupils and Orphans who are under the Authority of their Trustees and Guardians Nor may Mothers nor the Guardians themselves of their own heads dispose of their Children or Pupils committed to their Charge and Trust in Marriage without calling in some of their Parents or Kindred in case they have any Article III. In case two young Persons should foolishly and rashly of their own Wills without consulting Parents or Guardians contract Marriage together let them be punished or chastised and let this Marriage at the Request of Parents or Guardians be rescinded Article IV. And in case they have been inticed and decoy'd by any Man or Woman into this Marriage let these Cheats be prosecuted by the nearest Parents or Guardians of these Orphan-Pupils and forced to confess their Crime publickly in a Court of Justice and to ask pardon of the Judge and be punished by fasting three whole Days having given them but a little Bread and Water Article V. And let those Witnesses who were present at the making of such a Marriage be punished likewise with fasting one whole Day and nothing allowed them for their Nourishment Article VI. Let no Promises be made by young Persons that were never Married but Conditionally and let there be Two Witnesses present at them or else they shall be null and void Article VII In case that Children should Marry without their Parents Consent when they be come to Age allowed them by Law as in the first Article let the Magistrate take Cognisance of the Matter and if it was lawfully done by them by reason of the Supine negligence or over rigorous Severity of their Parents then let those very Parents be compelled to give them a Portion or to settle them in such a Way and Condition to live in the World as if they had given their plenary Consent unto the Marriage of their Children Article VIII Let not Parents constrain their Children to Marry against their Wills and Consent And in case either a Son or Daughter should refuse the Party offered them by their Father let their refusal be expressed with all modesty and filial Reverence And let them not be punished for this their Refusal And the same Course shall be observed as to Minors under Guardians Article IX Let not Parents or Guardians be allowed to contract their Children or Orphans in Marriage till such time as they become in Age and capable to confirm it Nevertheless if it so fall out that a Child having refused to Marry a Person chosen by his Father should a while after Marry another who is not so much to his Profit and Advantage let not the Father for such a Rebellion against and Contempt of him be obliged during Life to give or allow him one Farthing The Second DECREE IT is Queried Who are the Persons that may Marry without leave ANSWER Article I. Such as having been once married be they Men or Women tho' their Parents be living shall nevertheless have full power and liberty to remarry themselves provided they be in Age as was declared in the first Article of the first Order viz. The Son if he have his Twentieth and the Daughter her Eighteenth Year provided that they were emancipated as from under their Fathers Authority so from his House and Family and kept House by themselves apart Yet it would be always a most decent thing if those Children would be advised by their Fathers in their second Marriages Article II. Let all Promises of Marriage be made decently and in the fear of God not in Dissolution nor lightly over a Glass of Wine as if they were only to drink together but with all possible seriousness after they have well considered of it and are perfectly agreed about it and in case any should do otherwise let them be chastised And in case the Minister declareth that he was surprized let the Marriage be dissolved Article III. If a Man should Sue a Woman at Law alledging that she promised to Marry him unless there were two Witnesses Persons of Credit and Godliness to attest it let the Oath of God be tendered to the Defendant and in case she deny it let her be absolved The Third DECREE IT is Queried For what Causes a Marriage-promise may and ought to be rescinded ANSWER Article I. There be two Cases in which Promises of Marriage may be rescinded when made bewixt Persons capable of them 1. If upon good Evidence it should appear that the Party married were not a Virgin tho before Marriage she was taken for granted and she avowed herself to be one 2. When one of the Parties is utterly unfit for Generation Article II. The Non-payment of Dowry or of Portion or Wedding-Cloaths ought not to hinder the effectual Performance of Marriage-promises because those things are not of the Essence but Accidents and Accessories unto Marriage Article III. Altho' in a Treaty of Marriage and Discourse about it its lawful enough to add Conditions or to make a Salvo that such a one Consenteth Yet nevertheless when as the Promises come to be made they shall be pure and plain nor shall those be reputed Marriage-promises which are Conditional The Fourth DECREE IT is Queried What distance of time is there to be observed between the Promise of Marriage and its Performance ANSWER Article I. The Accomplishment of Marriage shall not be deferr'd above six Weeks after the Promise of it And in case the Parties shall delay beyond that time they shall be called into the Consistory and be admonished to fulfil the Marriage and if they be disobedient to these Counsels they shall be dismissed over to the Civil Magistrate who may if he please compel them to celebrate it Article II. In case the Marriage should be opposed the Minister shall refer the Party opposing unto the Consistory and require him to appear at the next Consistorial Sessions However let no Person be admitted to make any Opposition unless he live in Town or be very well known or that he bring with him a known Person of his Acquaintance that so an honest Maid may not be blemished in her Reputation Article III. And if the Oponent should not appear at the Day appointed the Banes of Marriage

de Billieres Crumel Codere and Durassus deputed by a great part of the Inhabitants of Montauban who stile themselves the Directors of the Heads of Families in the said City as appeared by a Letter dated the Twenty Fifth of October 1659 brought divers Complaints and Accusations against Mr. Joseph Arbussy Pastor of the Church there and other Letters against the Consistory and the Senate of that University for that he the said Arbussy and the Sieurs Le Clerc and Caussade Advocates Deputed by the Consistory of Montauban and the extraordinary Council of that University as was evident from their Letters of Commission and by an Act bearing date the Twenty Ninth of October 1659 had forbidden those Heads of Families before-named by Mr. Billieres and his Fellow-Deputies to assemble and act together The Deputies of Lower Languedoc and the Sieur Boudet Pastor of Caussade were heard all of them speak for themselves and for those Persons who opposed the Synod of Realmont and all their Assertions and Denials having been patiently heard and considered the Assembly did upon the whole appoint Commissioners to examin and make good those respective Acts which were produced by both Parties Plaintiffs and Defendants that so upon a clear and full knowledge of the Cause Justice might be done The said Commissioners having made their Report and both Parties having been heard once and again yea and divers times upon all that they had to declare and many Papers having been read over again and again in the Assembly that all the Members of which it was composed might have a full and clear Idea of the whole Affair the plain truth of the matter appeared to be thus With respect to Mr. Billieres and his Consorts they have failed in these following particulars 1. That they began their Prosecutions of Monsieur Arbussy upon very slight and trifling Accounts and by a Cabal which is expresly forbidden by our Discipline 2. And that they demanded positively in a peremptory manner of the Consistory to call an Assembly of the Heads of Families that they might bring before them their Articles of Accusation against Monsieur Arbussy without ever expecting the Judgment of the Consistory thereupon 3. That they have appeared before this Assembly by a Publick Notary contrary to our Canons 4. That because the Acts demanded by them were not immediately nor the next Day delivered to them they did precipitantly withdraw themselves from under the Jurisdiction of their Consistory by appealing from it unto the Provincial Synod 5. For that some of them seeing the said Monsieur Arbussy going into the Pulpit to Preach went out of the Church with much irreverence 6. For that among their Articles against the said Mr. Arbussy there were some which in themselves were of no moment nor worth the mentioning and others founded upon conjectures without proof and one in particular urged with that Passion and Uncharitableness as in no wise became Christians for they published a Secret to the World that was never known before and which when it was throughly inquired into it could not in the least be proved And 7. Lastly That in the management of the whole Affair they have discovered more Passion than Zeal for God's Glory For these causes the Assembly judgeth that they have deserved very great Censures and adviseth them that for the future they do not violate the Rules of our Discipline and Christian Moderation 2. As for the Consistory 't is evident they have failed in these points following First Inasmuch as they have not been so careful as they ought to extinguish the Fire of this Contention in its first eruptions by some charitable condescention Secondly And that instead of counselling the Sieur Arbussy to obey the Order of the Synod of Mauvoisin they concluded on the contrary Thirdly For that they have suffered several Scripts to be Printed which are totally prejudicial to our Liberties and Priviledges granted us by the Edicts and that when they audited their Accounts who procured the impression of those Scripts they allowed them all their Charges And Fourthly That they having given just occasion unto the Commissioners of the Synods of Vsez and Mauvoisin to complain of them Wherefore this Assembly judgeth that all these their Miscariages be remonstrated to them with Life and Power and that they be exhorted to discharge that Holy Office and Trust in which they be imployed with all requisite Charity Prudence and Integrity 3. And as for the Senate of the University of Montauban they also were found Faulty First In that when as the Ordinary University Council had deputed the Sieur Crumel to the Synod of Lower Guyenne the extraordinary Council assembleth not only without the knowledg and consent of the Ordinary contrary to the Canon of the National Synod of Alez but which is worse meerly in prejudice and out of opposition to the Rector Secondly And that this extraordinary Council did depute the said Sieur Arbussy unto the said Synod of Lower Guyenne for the self same matter for which Monsieur Crumel had been Deputed by the Ordinary Thirdly Item And for that several Scholars being armed with their Swords and walking up and down the City in this Equippage they did not check and restrain them as they ought with that Severity which was requisite And the Assembly passed the same Judgment upon their Proceedings as upon the Consistory Fourthly As for the Provincial Synods of Mauvoisin and Vsez and Realmont this Assembly saith that although that of Mauvoisin might according to the strictness and rigour of our Discipline have remanded that Affair of Monsieur Arbussy aforesaid unto the Consistory of Montauban which had neglected to judge of it yet is their Prudence applauded and all their Proceedings about Monsieur Arbussy approved But as for that of Lower Languedoc it is declared an Incompetent Judge And as for that of Realmont their Act in choosing Monsieur Arbussy for Moderator or Assessor is disallowed not only because he had no Letters of Commission to them but also for that he had business of importance in that Synod to be determined This also is disapproved that they never debated nor opined upon that opposition which was made by sundry Pastors and Elders against the Election of Monsieur Arbussy to be their Assessor And farther this is disapproved that after the return of the Opponents immediately the Affair of Monsieur Arbussy came under consideration instead of passing on to some other matters whereby they might have re-united the Spirits which were already divided and for that they chose another place besides the Ordinary for their meeting separately from those who were of the opposite Party And as for Monsieur Boudet Pastor of Caussade and the other Opponents they are blamed and censured for their departure from the rest of the Assembly their Action tending unto Schism And as for what concerns Mr. Arbussy 't is evident that he hath failed in these ensuing Articles 1. In uttering very injurious Words against those who went cut