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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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this end declared and do declare void and of no effect nor value XC The purchases which they of the pretended reformed Religion haue made and others vpholding their partie vnder the prerogatiue of any other then of the late Kings our predecessors for stable possessions belonging to the Church shall take no place nor effect but we both will and ordaine and are well pleased that the said Ecclesiasticks reenter incontinently and without delay and that they shall be maintained in the actuall possession and enyoiance of the said goods so alienated without being bound to restore the price of such sales and this notwithstanding the contracts of vendition and sale the which for this effect we haue abrogated and made voide and that the said purchasors shall haue no remedy against the Heads by whose authoritie the said goods haue bene sold And yet neuerthelesse for the disbursement of moneys by them truely and without faud layed out letters patents of permission shall be granted to those of the said Religion to sesse and equally lay the said summes vpon them whereunto the said sales shall amount and the said purchasors shall not pretend any action for their dammages and interests for defaut of enioyance but they shall be contented for the disbursement of those moneys by them furnished for the price of the said acquisitions or purchases making good vpon the same price the fruits and benefites by them receiued in case that the same vent and sale was made at too meane and vnequall a price XCI And to the end that as well our Iustices and Officers as other our subiects may be clearely and with all certaintie aduertised of our will and intention and to remoue all ambiguities and doubts which may be cast by meanes of the precedent Edicts by reason of the diuersitie of them we haue and do cleare all precedent Edicts secret articles declarations moderations restrictions interpretations Iudgements Registers as well secret as other deliberations heretofore by vs or the Kings our predecessors made in Courts of Parliaments or otherwhere touching the matter of the said Religion and troubles happened within our said Realme to be of no effect and validitie the which and all abrogations therein contained we do by this our present Edict annihilate and abrogate and and from this present as then we do reuoke cashire and annihilate declaring expresly how our pleasure is that this our Edict shall remaine firme and inuiolable to be obserued and held not onely by our said Iustices and Officers but also by other subiects without depending or hauing respect to whatsoeuer may be derogant or contrarie to the same XCII And for the greater assurance of the obseruation and keeping thereof which we ayme at we will and ordaine and it stands with our pleasure that all the Gouernours and Lieutenants of our Prouinces Bailiffes Stewards and ordinarie Iudges of the Townes within our said Realme incontinently after the receiuing of this Edict shall sweare euery one within their peculiar iurisdictions to obserue and keepe it as also Mayors Shiriffes Deputies and Consuls and Iurours of the Townes whether annuall or perpetuall We further enioyne our said Bailiffes Stewards or their Lieutenants and other Iudges to cause the inhabitants of the same Townes both of the one and other Religion to be sworne to the embracing of this present Edict presently after the publication thereof taking all those of the said Townes into our protection and safegard and one to the protection and safegard of another charging them mutally and by publicke acts to answer in comely manner to all oppositions that shall be made within the said Townes to this our said Edict by any of the inhabitants of them or else to commit into the hands of Iustice the said opposites We commaund our faithfull and beloued those that keepe Courts of Parliament Chambers of Accompts and Courts of Aides that presently after this Edict receiued all things ceasse and vpon paine of annihilating the acts they shall otherwise performe to minister the like oathes as aboue mentioned and to cause our said Edict to be published and inrolled in our said Courts according to the forme and tenor of it plainely and sincerely without vsing any qualifications restrictions declarations or secret Registers nor attending any other iniunction or command from vs and so we will our Procurors generall presently and without delay to require and prosecute the said publication In like manner we impose our command vpon the said people keeping our Courts of Parliament Chambers of our accomtps Courts of aides Bailiffes Stewards Prouosts and other our Iustices and Officers to whom it shall appertaine and their Liuetenants that they cause to be read published enregistred this our present Edict and Ordinance in their seuerall Courts and iurisdictions and the same to embrace obserue keepe from point to point and to cause all such whom it any wayes concernes fully and peaceably to enioy the benefit of the contents thereof ceassing and causing to ceasse all lets and hinderances to the contrarie For so our pleasure is In witnesse whereof we haue sealed these presents with our owne hand and to the end it may euer continue for a firme and stable Act we haue set and put to our Seale Giuen at Nantes in the moneth of Aprill the yeare of our Lord a thousand fiue hundred fourescore and eighteene And of our reigne the ninth Signed HENRY And vnderneath By the King sitting in Counsell FORGET And on the side VISA And sealed with the great Seale in greene wa●● vpon labels of red and greene silke Like our tenor of knights seruice A custome in France
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
except the parties had rather attend the renouation of the said Chamber or Court. And if it happen that the same processe be commenced in all the Chambers separately the issue thereof shall be returned to the said Chamber of Paris XLVIII Refusals brought in against the Presidents Counsellours of the Chambers distinctly may be determined by the number of sixe to which number the parties shall be restrained otherwise it shall go forward without any regard had to the said Refusals XLIX The examination of Presidents and Counsellors newly chosen in the said Chambers by equal numbers shall be made by our priuie Counsell or by the said Chambers each one within its precinct when they are met in sufficient number and yet the accustomed oath shall by them be exhibited in the Courts where the said Chambers shall be established and vpon their refusall in our priuie Counsell except those of the Chamber of Languedoc who shall take their oath from the hands of our Chancellour or in the said Chamber L. We will and ordaine that the reception of our Officers of the said Religion shall be iudged in the same seuerall Chambers by the pluralitie of voices as is vsuall in other iudgements not being requisite that the voices should differ two thirds according to the Ordinance the which in this respect remaines abrogated LI. All propositions deliberations and resolutions pertaining to publicke peace and for the particular estate and policie of Townes shall be made in the said seuerall Chambers and in the said Townes where the said Chambers reside LII The article of the iurisdiction of the said Chambers ordained by this present Edict shall be followed and obserued according to forme and tenor thereof especially in that which concerneth the execution omission or violation of our Edicts when those of the said Religion shall be parties LIII The subalternate royall Officers or others the reception of whom belongs to our Courts of Parliaments if they be of the same pretended reformed Religion may be examined receiued in the said Chambers that is to say those of the dependant Courts of the Parliaments of Paris Normandie and Brettaine in the said Chamber of Paris those of Daulphiney and Prouence in the Chamber of Grenoble those of Burgundie in the said Chamber of Paris or Daulphiney at their choice those of the Precincts of Tholouse in the Chamber of Castres and those of the Parliament of Bourdeaux in the Chamber of Guyenne and no other to oppose their admissions or make parties but our Procurors generall and their Substitutes and those placed in the said offices yet neuerthelesse the accustomed oath shall by them be exhibited in the Courts of parliaments which shal haue no iurisdiction in their said receptions and vpon the refusall of the said Parliaments the said Officers shall minister the oath in the said Chambers which being so ministred they shall be bound by some Clerke or Notarie to present the act of their receptions to the Greffiers or Registers of the said Courts of Parliaments and to leaue a compared copie thereof with the said Greffier or Register who are enioyned to register the said acts vpon penaltie of paying all the charges dammages and interests of the parties and if the said Registers refuse to do it it shall be sufficient for the said Officers to bring the act of the said reception drawne by the said Registers or Notarie and to cause the same to be registred in the greffe or rowle of their iurisdictions there to be viewed when need shall require vpon penaltie of annihilating their proceedings and iudgements And as for those Officers whose reception was not accustomed to be made in our said Parliaments in case they whom it concerneth make refusall to proceed in the said examination and reception the said Officers shall repaire to the said Chambers to be furnished as they ought LIIII The Officers of the said pretended reformed Religion which shall hereafter be chosen to serue within the bodies of our said Courts of Parliaments Grand Counsell Chamber of Accompts Court of Aydes Receiuers for the Treasurers generall of France and other Officers of the Exchequers shall be axamined and receiued in the places where they vse to be and in case of refusall and deniall of iustice they shall be constituted in our priuie Councell LV. The reception of Officers made in the Chamber heretofore established at Castres shall remaine in force notwithstanding all Iudgements or Ordinances to the contrarie the reception also of Iudges Counsellours and other Officers of the said Religion made in our priuy Counsell shall be validious or those chosen by Commissaries by vs ordained vpon the refusall of our Courts of parliament of the Aydes or Chambers of Accompts euen as if they had bene made in the same Courts and Chambers and by the other Iudges to whom such receptions appertaine and their pensions shall be allowed by the Chambers of Accompts without scruple and if any haue bene dismissed they shall be reestablished without any further command then this present Edict and the said Officers shall not stand bound to present any other reception notwithstanding all Decrees passed to the contrarie which shall remaine inualidious and of no effect LVI Vntill meanes be procured to defray the expences of the Iustice of our said Chamber out of the monies of fines or confiscations we will assigne a valuable and sufficient proportion to discharge the said expences without leuying monyes out of the goods of those condemned LVII The Presidents and Counsellours of the said pretended reformed Religion heretofore receiued into our Court of Daulphiney and into the Chamber of the Edict incorporated into the same shall continue and hold their Sessions and places there that is to say the Presidents as they haue and do enioy at this present and the Counsellours according to the Iudgements and Decrees which they haue obtained in our priuie Counsell LVIII We further declare that all sentences Iudgements Decrees Seizures Vents and Orders set downe and established against those of the pretended reformed Religion as well liuing as dead since the departure of the late King Henrie the second our most honourable Lord and Father in law by reason of the said Religion troubles tumults since happened together with the execution of the same Decrees from this present to be razed reuoked and nullified We ordaine that they shall be razed and wiped out of our Registers of the Stewards of Courts as well soueraigne as inferiour as likewise our pleasure is that all markes foot-steps and monuments of the said executions bookes and Acts defamatorie to their persons memoriall and posterity shall be remoued and defaced and that the places whe●e vpon these occasions any ruines or demolitions haue bene made shall be restored in the same condition they were to the proprietaries of the same to enioy and dispose of them at their pleasure And generally we haue reuoked cashiered and annihilated all proceedings and informations made for any enterprises whatsoeuer
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