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A50728 The last famous siege of the city of Rochel together with the Edict of Nantes / written in French by Peter Meruault, a citizen of Rochel who was in the city from the beginning of the siege until the rendition of it.; Journal des choses plus memorables qui se sont passées au dernier siege de la Rochelle. English Mervault, Pierre, b. 1608.; France. Edit de Nantes. 1680 (1680) Wing M1879; ESTC R35042 174,829 329

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the death of the deceased King Henry II our most honoured Lord and Father-in-law upon the occasion of the said Religion tumults and troubles since happening as also the execution of the same Judgments and Decrees from henceforward cancelled revoked and annulled and the same we cancel revoke and annul And we ordain that they shall be razed and taken out of the Registers Office of the Courts as well soveraign as inferiour And we will and require also to be taken away and defaced all Marks Footsteps and Monuments of the said Executions Books and Acts Defamatory against their Persons Memory and Posterity and that the places which have been for that occasion demolished or razed be rendred in such condition as they now are to the proprietors of the same to enjoy and dispose at their pleasure And generally we cancel revoke and null all proceedings and informations made for any enterprise whatsoever pretended crimes of high Treason and others notwithstanding the procedures Decrees and Judgments containing reunion Incorporation and Confiscation and we further will and command that those of the Reformed Religion and others that have followed their Party and their Heirs re-enter really and actually into the possession of all and each of their Goods LIX All Proceedings Judgments and Decrees given during the troubles against those of the Religion who have born Arms or are retired out of our Kingdom or within the same into Cities and Countries by them held or for any other cause as well as for Religion and the troubles together with all Non-suiting of Causes Prescriptions as well legal conditional as customary seizing of Fiefs fallen during the troubles by hindring legitimate Proceeding shall be esteemed as not done or happening And such we have declared and do declare and the same we have and do annihilate and make void without admitting any satisfaction therefore but they shall be restored to their former condition notwithstanding the Decrees and Execution of the same and the Possessions thereof shall be rendred to them out of which they were upon this account disseised And this as above shall have like place upon the account of those that have followed the Party of those of the Religion or who have been absent from our Kingdom upon the occasion of the troubles And for the young Children of Persons of Quality abovesaid who dyed during the troubles We restore the Parties into the same condition as they were formerly without refunding the expence or being obliged for the Amerciaments not understanding nevertheless that the Judgments given by the Chief Judges or other inferiour Judges against those of the Religion or who have followed their Party shall remain null if they have been given by Judges sitting in Cities by them held which was to them of free access LX. The Decrees given in our Court of Parliament in matters whereof the cognizance belongs to the Chambers or Courts ordained by the Edict in the year 1577. and Articles of Nerac and Flex into which Courts the Parties have not proceeded voluntarily but have been forced to alledge and propose declinatory ends and which Decrees have been given by default or foreclusion as well in Civil as Criminal matters notwithstanding which alligations the said Parties have been constrained to go on shall be in like manner null and of no value And as to the Decrees given against those of the Religion who have proceeded voluntarily and without having proposed ends declinatory those Decrees shall remain without prejudice for the execution of the same yet nevertheless permitting them if it seem good to them to bring by Petition their Cause before the Chamber ordained by the present Edict without that the elapsing the time appointed by the Ordinances shall be to their prejudice and until the said Chambers and Chanceries for the same shall be established verbal appellations or in writing interposed by those of the Religion before Judges Registers or Commissioners Executors of Decrees and Judgments shall have like effect as if they were by Command from the King LXI In all Inquiries which shall be made for what cause soever in matters Civil if the Inquisitor or Commissioner be a Chatholick the Parties shall be obliged to convene an assistant and where they will not do it there shall be taken from the Office by the said Inquisitor or Commissioner one who shall be of the Religion and the same shall be practised when the Commissioner or Inquisitor shall be of the said Religion for an assistant who shall be a Catholick LXII We Will and Ordain That our Judges may take Cognizance of the Validity of Testaments in which those of the Religion may have an interest if they require it and the appellations from the said Judgments may be brought to the said Chambers ordained for the Process of those of the Religion notwithstanding all Customs to the contrary even those of Bretagne LXIII To obviate all differences which may arise betwixt our Courts of Parliaments and the Chambers of the same Courts ordained by our present Edict there shall be made by us a good and ample Reglement betwixt the said Courts and Chambers and such as those of the Religion shall enjoy entirely from the said Edict the which Reglement shall be verified in our Courts of Parliaments and kept and observed without having regard to precedents LXIV We inhibit and forbid all our Courts Soveraign and others of this Realm the taking Cognizance and judging the Civil or Criminal Process of those of the Religion the Cognizance of which is attributed by our Edict to the Chambers of Edict provided that the appeal thereunto be demanded as is said in the 40. Article going before LXV We also Will and Command for the present and until we have otherwise therein ordained that in all Process commenced or to be commenced where those of the Religion are Plaintiffs or Defendants Parties principals or Garantees in matters Civil in which our Officers and Chief Courts of Justice have power to judge without Appeal that it shall be permitted to them to except against two of the Chamber where the Process ought to be judged who shall forbear Judgment of the same and without having the Cause expressed shall be obliged to withdraw notwithstanding the Ordinance by which the Judges ought not to be excepted against without cause shewn and shall have further right to except against others upon shewing cause And in matters Criminal in which also the said Court of Justice and others of the King 's subordinate Judges do judge without Appeal those of the Religion may except against three of the said Judges without shewing cause And the Provosts of the Mareschalsie of France Vice-Bailiffs Vice-Presidents Lieutenants of the short Robe and other Officers of the like quality shall judge according to the Ordinances and Reglements heretofore given upon the account of Vagabonds And as to the Houshold charged and accused by the Provosts if they are of the said Religion they may require that three of the said
of our Kingdom Countries Lands and Lordships under our obedience notwithstanding all Oaths to the contrary and to be indifferently admitted and received into the same and our Court of Parliament and other Judges shall content themselves with informing and inquiring after the Lives Manners Religion and honest Conversation of those that are or shall be preferred to such Offices as well of the one Religion as the other without taking other Oath of them than for the good and faithful service of the King in the exercise of their Office and to keep the Ordinances as they have been observed in all times Also vacancies happening of such of the said Estates Charges and Offices as shall be in our disposition they shall be provided by us indifferently and without distinction of persons as that which tends to the union of our Subjects Understanding likewise that those of the Reformed Religion may be admitted and received into all Councils Deliberations Assemblies and Functions depending upon the above-said things without being rejected or hindered the injoyment thereof by reason of the said Religion XXVIII We ordain for the Interment of the Dead of the said Religion throughout the Cities and places of this Kingdom that there shall in each place be provided for them by our Officers and Magistrates and by the Commissioners that we shall depute for the execution of our present Edict or Statute a place the most commodious that can be and the Burying-places which they have had heretofore and whereof they have by the troubles been deprived shall be restored unto them except they be found to be converted into Buildings of what quality or kind soever it be in which case a compensation shall be made another way XXIX We injoyn most expresly our Officers to look to it that no scandal be given in the said Interments and they shall be obliged within fifteen days after request made to provide those of the said Religion with convenient places for Sepulchres without delay upon penalty of five hundred Crowns in their own proper and private names And it is also forbidden as well to the said Officers as to all others to exact any thing for the conduct of the said dead bodies upon penalty of extortion XXX To the end that Justice be given and administred to our Subjects without any suspicion hatred or favour as being one of the principal means for the maintaining Peace and Concord We have Ordained and do Ordain That in our Court of Parliament of Paris shall be established a Chamber composed of a President and sixteen Councellors of the said Parliament which shall be Called and Intitled the Chamber of Edict and shall take cognisance not only of the Causes and Process of those of the said Reformed Religion which shall be within the Jurisdiction of the said Court but also of the Appeals of our Parliaments of Normandy and Bretagne according to the Jurisdiction which shall hereafter be given to it by this present Edict or Statute and that until in each of the said Parliaments there shall be established a Chamber for rendring Justice upon the place We Ordain also That of four Offices of Councellors in our said Parliament remaining of the last erection which hath by us been made there shall be presently provided and received in the said Parliament four of the said Reformed Religion sufficient and capable which shall be distributed to wit the first into the Chamber of Edicts and the other three in like manner shall be received in the three Chambers of Inquests and besides the two first Offices of Councellors of the said Courts which shall come to be vacant by death shall be supplied by two of the Reformed Religion and the same distributed also in the two ther Chambers of Inquests XXXI Besides the Chamber heretofore established at Castres for Appeals from our Parliament of Tholouse which shall be continued in the estate it is We have for the same reasons Ordained and We do Ordain That in each of our Parliaments of Grenoble and Bourdeaux there shall be in like manner established a Chamber composed of two Presidents one a Catholick and the other of the Reformed Religion and twelve Councellors whereof six shall be Catholicks and the other six of the said Religion which Catholick President and Councellors shall be by us chosen and taken out of the body of our said Courts And as to those of the Religion there shall be made a new Creation of one President and six Councellors for the Parliament of Bourdeaux and one President and three Councellors for that of Grenoble which with the three Councellors of the said Religion which are at present in the said Parliament shall be employed in the said Chamber of Dauphine And the said Officers shall be Created by a new Creation with the same Salaries Honours Authorities and Preheminencies as the others of the said Courts And the said seat of the said Chamber of Bourdeaux shall be in the said City of Bourdeaux or at Nerac and that of Dauphine at Grenoble XXXII The Chamber of Dauphine shall take Cognizance of the causes of those of the Reformed Religion within the Jurisdiction of our Parliament of Provence without having need of letters of Evocation or Appeal or other Provisions than in our Chancery of Dauphine As also those of the said Religion of Normandy and Bretagne shall not be obliged to take letters of Evocation or Appeal nor other Provision than in our Chancerie of Paris XXXIII Our Subjects of the Reformed Religion of the Parliament of Burgundy shall have the choice to plead in the Chamber ordained in the Parliament of Paris or in those of Dauphine And shall not be obliged to take Letters of Evocation or Appeal nor other Provisions than in the said Chanceries of Paris or Dauphine according as they shall make choice XXXIV All the said several Chambers composed as is said shall have Cognizance and by decree shall judge in Soveraignty and last Appeal exclusive to all others the Process and Differences that are already or shall arise in which those of the Reformed Religion are or shall be parties principals or guarentees in demanding or defending in all matters as well Civil as Criminal if demanded before contestation in the Cause and commencing of the Suit whether the process be by Writing or verbal appellation excepting nevertheless all Customs belonging to Benefices and the possessors of tenths not infeoffed the Ecclesiastical Patrons and their Suits for their rights and duties and the demains of the Church all which shall be tryed and judged in the Courts of Parliament exclusive to the said Chambers of Edict As also we will and require that as to judging and deciding the criminal process which may happen betwixt the said Ecclesiasticks and those of the Reformed Religion that if the Ecclesiasticks are Defendant in such Case the Cognizance and Judgment of criminal process shall belong to our Soveraign Courts distinct as to the said Chamber and where the Ecclesiastick● shall be
〈◊〉 and one of the Reformed Religion Defendant the Cognizance and Judgment of Criminal process shall belong in last appeal to the said Chambers established And we acknowledge also the said Chambers in time of Vacations for matters attributed by the Edicts and Ordinances to belong to the said Chambers established for times of Vacation each within his Jurisdiction XXXV The Chamber of Grenoble shall be from henceforward united and incorporated into the body of the said Court of Parliament and the President and Councellors of the Reformed Religion shall be called President and Councellors of the said Court and hold the rank and number of the same And to this end shall be first distributed through the other Chambers and then drawn from them to be imployed and serve in that which we now ordain of new with Condition nevertheless that they shall assist and have voice and session in all the deliberations which the Chamber assembled shall have and shall enjoy the same Salarie Authority and Preheminence which the other Presidents and Councellors of the said Court do enjoy XXXVI We Will and Ordain That the said Chamber of Castres and Bourdeaux be United and Incorporated in the same Parliaments in the same manner and form as the others and when need shall require and that the Causes which have moved us to make this establishment shall cease and shall not have any more place among our Subjects then shall the Presidents and Councellors of the same of the said Reformed Religion be held for Presidents and Councellors of the said Courts XXXVII There shall also be a new Creation or Erection in the Chamber ordained for the Parliament of Bourdeaux of two Substitutes for our Procurators or Attornies and Advocates General whereof one shall be Catholick and the other of the Reformed Religion which shall have the said Offices with competent Salaries XXXVIII These Substitutes shall not assume other qualities than that of Substitutes and when the Chambers or Courts ordained for the Parliaments of Tholouse and Bourdeaux shall be United and Incorporated to the said Parliaments the said Substitutes shall have the Office of Councellors in the same XXXIX The dispatches of the Chancery of Bourdeaux shall be perused in the presence of two Councellors of the same Chamber whereof one shall be a Catholick and the other of the Reformed Religion In the absence of one of the Masters of Request of our Palace one of the Notaries and Secretaries of the said Court of Parliament of Bourdeaux shall be Resident 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 Commissioners of the Register of the said Parliament the one Civil and the other Criminal who shall exercise their Offices by our Commissions and shall be called Commissioners to the Register Civil and Criminal but nevertheless shall not be revoked by the Registers of the Parliament yet shall be accountable for the profits of the Offices to the said Registers which Commissioners shall be Salaried by the said Registers as the said Chambers shall think fit to appoint There shall be ordained some Catholick Messengers who shall be taken in the said Court or elsewhere according to our pleasure besides which there shall also be two de novo freely chosen of the Reformed Religion and all the said Messengers or Door-keepers shall be regulated by the said Chamber or Court as well in the exercise of their Offices as in the Profits or Fees which they shall take There shall also be a Commission dispatched for payment of Salaries and receiving of Amerciaments of the said Court which shall be such as we shall please to appoint If the said Chamber shall be established in other place than the said City the Commission heretofore agreed for paying the Salaries of the Chamber of Castres shall go out in its full and entire effect and there shall be joyned to the said Office the Commission for the Receipt of the Amerciaments of the said Court XLI There shall be provided good and sufficient Assignations for the Salaries of the Officers of the Chambers ordained by this Edict XLII The Presidents Councellors and other Catholick Officers of the said Chambers or Courts shall be continued so long as we shall see it to be for our service and the good of our Subjects And in dismissing any of them others shall be admitted in their places before their departure they having no power during their service to depart or be absent from the said Chambers without the leave of the same which shall be judged of according to the Ordinance XLIII The said Chambers or Courts Mypartis shall be established within six months during which if the establishment shall be so long in doing the Process Commenced and to be Commenced where those of the Religion shall be parties within the Jurisdiction of our Parliaments of Paris Roven Dyon and Rennes shall be presently removed to the Chamber or Court established at Paris by vertue of the Edict of 1577. or else to the great Council at the Election of those of the said Religion if they require it and those which shall be of the Parliament of Bourdeaux to the Chamber or Court Established at Castres or to the said grand Council at their Election and those which shall be of Provence to the Parliament of Grenoble And if the said Chambers or Courts are not established within three months after the presentation of our Edict that Parliament which shall make refusal thereof shall be prohibited the Cognizance and Judgment of the Causes of those of the Religion XLIV The Process not yet judged depending in the said Courts of Parliaments and great Council of the quality abovesaid shall be sent back in what estate soever they be to the said Chambers or Courts each within his Jurisdiction if one of the parties of the Religion require it within four months after the Establishment of the same and as to those which shall be discontinued and are not in condition of being judged those of the said Religion shall be obliged to make declaration upon the first intimation and signification to them of the prosecution and the time passed shall not be understood to require the dismission XLV The said Chambers or Courts of Grenoble and Bourdeaux as also that of Castres shall keep the forms and stile of Parliaments where the Jurisdiction of the same shall be established and shall judge by equal numbers of the one and the other Religion if the parties consent not to the contrary XLVI All the Judges to whom the address shall be made for execution of Decrees Commissions of the said Chambers and Patents obtained in Chanceries for the same together with all the Messengers and Serjeants shall be obliged to put them in execution and the said Messengers and Serjeants shall do all acts throughout our Kingdom
Judges who might have cognizance thereof do abstain from the Judgment of their Process and they shall be obliged to abstain therefrom without having cause shewn except where the Process is to be judged there shall be found to the number of two in Civil and three in Criminal Causes of the Religion in which case it shall not be lawful to except without cause shewn and this shall be reciprocal in the like cases as above to the Catholicks upon the account of Appeals from the Judges where those of the Religion are the greater number Not understanding nevertheless that the Chief Justice Provosts of the Mareschalsies Vice-Bailiffs Vice-Stewards and others who judge without Appeal take by virtue of this that is said cognizance of the past troubles And as to crimes and excess happening by other occasions than the troubles since the beginning of March 1585. until the end of 1597. in case they take cognizance thereof We will that an Appeal be suffered from their Judgment to the Chamber ordained by the present Edict as shall be practised in like manner for the Catholicks and Confederates where those of the Religion are Parties LXVI We Will and Ordain also That henceforward in all Instructions other than Informations of Criminal Process in the Chief Justices Court of Tholose Carcassonne Rouergue Loragais Beziers Montpellier and Nimes the Magistrate or Commissary deputed for the said Instruction if he is a Catholick shall be obliged to take an Associate who is of the Religion whereof the Parties shall agree or where they cannot agree one of the Office of the said Religion shall be taken by the above-said Magistrate or Commissioner as in like manner if the said Magistrate or Commissioner is of the Religion he shall be obliged in the same manner as above-said to take an Associate a Catholick LXVII When it shall be a question of making a Criminal Process by the Provosts of the Mareschalsies or their Lieutenants against some of the Religion a House-keeper who is charged and accused of a crime belonging to the Provost or subject to the Jurisdiction of a Provost the said Provosts or their Lieutenants if they are Catholicks shall be obliged to call to the Instruction of the said Process an Associate of the Religion which Associate shall also assist at the Judgment of the difference and in the definitive Judgment of the said Process which difference shall not be judged otherwise than by the next Presidial Court assembled with the principal Officers of the said Court which shall be found upon the place upon penalty of Nullity except the accused should require to have the difference judged in the Chambers ordained by the present Edict In which case upon the account of the House-keepers in the Provinces of Guyenne Languedoc Provence and Dauphiné the Substitutes of our Procurators General in the said Chambers shall at the request of the said House-keepers cause to be brought into the same the charges and informations made against them to know and judge if the Causes are triable before the Provost or not that according to the quality of the Crimes they may by the Chamber be sent back to the ordinary or judged triable by the Provost as shall be found reasonable by the Contents of our present Edict and the Presidial Judges Provosts of the Mareschalsie Vice-Bailiffs Vice-Stewards and others who judge without Appeal shall be obliged respectively to obey and satisfie the Commands of the said Chambers as they use to do to the said Parliaments upon penalty of the loss of their Estates LXVIII The Outcries for Sale of Inheritances and giving notice thereof by warning pasted or chalked according to order shall be done in places and at hours usual if possible following our Ordinances or else in publick Markets if in the place where the Land lyes there is a Market place and where there shall be none in the next Market within the Jurisdiction of the Court where Judgment ought to be given and the fixing of the notice shall be upon the Posts of the said Market-place and at the entry of the Assembly of the said place and this Order being observed the notice shall be good and valid and pass beyond the interposition of the Sentence or Decree as to any Nullity which might be alledged upon this account LXIX All Titles Papers Instructions and Documents which have been taken shall be restored by both Parties to those to whom they belong though the said Papers or the Castles and houses in which they were kept have been taken and seised by special Commission from the last deceased King our most honoured Lord and Brother-in-law or from us or by the Command of the Governors and Lieutenants General of our Provinces or by the Authority of the Heads of the other Party or under what pretext soever it shall be LXX The Children of those that are retired out of our Kingdom since the death of Henry II. our Father-in-law by reason of Religion and Troubles though the said Children are born out of the Kingdom shall be held for true French and Inhabitants And we have declared and do declare That it is lawful for such at any time within ten years after the publication of this present Edict to come and dwell in this Kingdom without being needful to take Letters Patents of Naturalization or any other provision from us than this present Edict notwithstanding all Ordinances to the contrary touching Children born in Foreign Countries LXXI Those of the Reformed Religion and others who have followed their Party who have before the Troubles taken to farm any Office or other Domain Gabel foreign Imposition or other Rights appertaining unto us which they could not injoy by reason of the Troubles shall remain discharged and we discharge them of what they have not received of our Finances and of what they have without fraud paid otherwise than in to the Receipts of our Exchequer notwithstanding all their obligation given thereupon LXXII All Places Cities and Provinces of our Kingdom Countries Lands and Lordships under our obedience shall use and injoy the same Priviledges Immunities Liberties Franchises Fayrs Markets Jurisdictions and Courts of Justice which they did before the Troubles begun 1585. and others preceding notwithstanding all Patents to the contrary and translation of any of the Seats of Justice provided they have been done only by occasion of the Troubles which Courts or Seats of Justice shall be restored to the Cities and places where they have been formerly LXXIII If there be any Prisoners who are yet kept by Authority of Justice or otherwise in Gallies by reason of the Troubles o● of the said Religion they shall be released and set in full liberty LXXIV Those of the Religion shall never hereafter be charged and oppressed with any Charge ordinary or extraordinary more than the Catholicks and according to their abilities and Trades and the Parties who shall pretend to be overcharged above their ability may appeal to the Judges to whom the cognizance