Selected quad for the lemma: judgement_n

Word A Word B Word C Word D Occurrence Frequency Band MI MI Band Prominent
judgement_n cause_n defendant_n plaintiff_n 1,980 5 10.2033 5 true
View all documents for the selected quad

Text snippets containing the quad

ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
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

There are 3 snippets containing the selected quad. | View lemmatised text

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
be they royall Seigniories or of the cities of our said realme countries lands and dominions vnder our alleageance notwithstanding all such oaths as haue passed to the contrary and to be indifferently admitted and receiued there into And as for our Courts of Parliament and other Iudges it shall be sufficient for them to informe enquire of the liues maners religion and honest conuersation of them which are or shall be inuested with offices as well of the one religion as of the other without taking of thē any other oath then of wel faithfully seruing the king in the executing of their charges and keeping of his ordinances as hath from all time bene obserued vsed And when anie vacation falleth out of anie the said Estates charges and offices as for such as shall be in our gift and disposing it shall therein be held indifferent for vs to appoint thereunto anie maner of persons as capable thereof without distinction as being a thing so greatly making for the firmer vniting of our subiects We mean likewise that those of the said pretēded reformed religion may be admitted and receiued into all maner of counsels consultations deliberations assemblies functions concerning the things aforesaid it being no barre or preiudice vnto them to keepe them for enioying of the same because they are of the sayd religion XXVIII We ordaine for the burying of the deceased of those of the said religion that there shal speedy prouision be made through all the cities and places of this realme and in euerie place thereof by our Officers and Magistrates or else by those Commissioners which we shall depute for the execution of the present Edict of some one place or other in such conuenient sort and maner as possiblie may be And such Churchyards as they had heretofore and are now depriued of shal againe be restored vnto them except it fall out that at this present they be furnished with buildings of what quality soeuer then in such case there shall others be prouided for them freely without any their costs or charges XXIX We inioyne and straightly giue in charge vnto our said Officers that such diligence and endeuour be vsed in the said matter of burying places as that through their negligēce there may not any scandale arise to any And to come more particularly nearly to the point be it knowne to such Officers that it shall be their parts within fifteene dayes after request made to prouide for them of the said religion a conuenient place for burials without any further detracting of time or making of any delay vpō paine of loosing fiue hundred Crownes to be recouerd of their proper and priuate persons It is likewise forbidden the said Officers and all others to exact or demaund any thing for the conducting bringing of the said dead bodies vnto the said places vpon paine of being condemned as extortioners XXX And to the end that iustice may be administred vnto our subiects without anie suspition of hatred or fauour it being one of the principall meanes for the nourishing of peace and concord we haue ordained and do ordaine that in our Court of Parliament of Paris there shall be established one Chamber or Court consisting of a President and sixteene Counsellers of the said Parliament which shall be called by the name and title of the Edict-court or Chamber and they shall be not only to deale in the causes and sutes of those of the said pretēded reformed religion which shall be within the ordinarie reach of the said Court but also with the iudgemēts of our Parliaments of Normandy Brittaine according to the authoritie which shall hereafter be attributed and granted vnto the same by the present Edict and this to be continued vntill in euerie of the said Parliaments there be established a Court for the doing of iustice in the places suing therunto We further ordaine that of the foure Offices of Counsellours in our said Parliament of Paris standing and established according to the forme maner of the last institution and appointment made by vs there be presently prouided receiued into the said Parliament foure of them of the said pretended reformed religion such as are sufficient and capable of the same and that they be bestowed or placed the chiefe and principall in the said Court of the Edict and the other three according to the measure of gifts graunted them into the three Courts of Inquirie further that for the two first offices of lay Counsellers of the sayd Court that shal fall void by death there shall likewise be prouided two of the said pretēded reformed religion and the same taken in and placed the like course shall be taken in the two other Courts of Inquirie XXXI Besides the Court heretofore established at Castres for the precincts and liberties of our Court of Parliament at Tholosa and which shall be continued in the estate it standeth we haue for the same cōsiderations ordained and do ordaine that in euery one of the Courts of Parliament of Grenoble Burdeaux there shall be likewise established a Court consisting of two Presidents the one a Catholike and the other of the pretended reformed religion and of twelue Counsellers sixe wherof shall be Catholikes and the other sixe of the said religion the which President and Counsellers Catholikes shall be by vs taken and chosen out of the bodies of our said Courts and as for them of the said religion there shall a new creation be made of one President and six Counsellers for the Parliament of Burdeaux and of one President and three Counsellers for the Parliament of Grenoble which with the three Counsellers of the said religion which are already in the said Parliament shall be imployed in the said Court of Dolphinie And the said Offices shall be created with a new creation hauing allowed them the same fees honours authorities and preheminences that others of the sayd Courts haue And the syad seat of the sayd Court of Burdeaux shal be in the sayd citie of Burdeaux or at Nerac and that of Dolphine and Grenoble XXXII The sayd Court of Dolphine shall determine the causes of those of the said pretended reformed religion being within the products and liberties of our Parlament of Prouence without hauing need to sue out any writs for the remouing of the causes neither yet anie other letters of confirmation thē such as are to be had in our court of Chauncerie in Dolphine as also those of the said religion of Normandy and Brittaine shal not be bound to sue out any writs of remouing of causes neither yet other letters of confirmation then those which are to be had in our court of Chauncerie at Paris XXXIII Our subiects of the said religion of the Parliamēt of Burgundie shall haue their choice to haue their matters pleaded and heard either in the court ordained in the Parliament of Paris or in that of Dolphine And accordingly shall be acquited and freed from suing out
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