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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

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their causes brought before the Courts ordained by this present Edict As it shall in like manner be practised for such Catholikes as haue bene companions in wickednesse and where those of the sayd pretended reformed religion shall be parties LXVI We will likewise and ordaine that from hencefoorth in all manner of instructions being of other quality then the informations of Criminall controuersies in the Lieutenātries of Tholosa Carcassonne Rouergue Loragais Beziers Montpellier and Nismes the Magistrate or Commissioner deputed for the sayd instructions if he be a Catholike shal be bound to take vnto him one of the pretended reformed religion for an assistāt being such as the parties shal be agreed vpon and in case they cannot agree vpon any one then there shall be taken out of the office one of the sayd religion by the foresayd Magistrate or Commissioner as in like case if the sayd Magistrate or Commissioner bee of the sayd Religion he shall be bound in the same manner as is aforesayd to take a Catholike assistant LXVII When there shal be called in question any criminall controuersie by the Prouosts-Marshals or their deputies against any one of the sayd religion that is setled in a dwelling place as charging and accusing him of some capital crime the said Prouosts or their deputies if they be Catholikes shal be bound to call to the hearing examining and determining of the instructiōs or inditemēt framed to the matter one assistant of the sayd Religion and the sayd assistant shall ioyne with him in the iudgement of competency and in the iudgement or sentence definitiue to be pronounced in the sayd criminall cause which competency or indifferency cannot be iudged but in the Presidentiall roome or iurisdiction next adioyning in an open assembly with the principall officers of the sayd seate which shal be found vpon the places vpon paine of a nullity except that such as are come before them had made request that the competency might be iudged in the sayd Court ordained for the present Edict In which case of the dwelling houses in the Prouinces of Guyenne Languedoc Prouence Dolphinie the Substitutes of our Atturneyes generall in the said courts shall cause at the request of such as are there setled in houses to be brought into the same the charges informations put vp against them that so they may know and discerne whether the matters be capitall or no that afterward according to the quality of the crimes they may be by the sayd Courts referred to the ordinary or to be iudged by the authority of the Prouosts as they shall see reason most to perswade them to doe obseruing what is contained in our present Edict And the Presidentiall Iudges Prouost-Marshals vnder-Balyfs deputy Lieutenants and others which haue absolute power definitiuely and peremptorily to iudge shall be bound respectiuely to obey and satisfy the iurisdictions which shal be inioyned them by the sayd Courts altogether in such sort as they haue accustomed to do vnto the sayd Parliaments vppon paine of being depriued of their estate and dignity LXVIII All Cries Billes of sale and port-sales of heritages by which any man goeth about to prosecute the course of the law and directions of the Decree shall be made in places and at houres accustomed if it may possibly be so done following the maner layd downe in our ordinances or else in the publike markets if so be in the places where such heritages are situate and lying there be any market kept but and if there be not then the same shall be done in the market towne lying nearest to the sayd heritages within the iurisdiction and precincts of the iudiciall seat where deliuerie of such goods is to be made ouer into another mans possession and the affixes or billes of sale shall be set vpon the posts in the said market and at the entrance of the iudgement hall in the said place and by this meanes the said cries of sale shall stand good and effectuall and proceede according to the contents and meaning of the decree not being adiudged amongst the courses that are crossed and disanulled howsoeuer they might be alledged against the same to that end and purpose LXIX All titles papers euidences and instruments which haue bene taken shall be restored and giuen backe againe both on the one side and on the other vnto them vnto whome they appertaine although the said papers or the Castles and houses wherein they were kept haue bene taken and seazed vpon either by speciall commissions from the last deceased king our most honorable Lord and brother in law or from our selfe or by the commandement of the Gouernours and Lieutenants generall of our prouinces or by the authority of the chiefe and principall on the other side or vpon what other pretext colour soeuer it may be LXX Their children which haue withdrawne themselues out of our kingdome at any time since the death of the deceased king Henry the second our most honourable Lord father in law for the cause of Religion and of the troubles although that the said children be borne out of the Reame shall be held and accompted for naturall Frenchmen and as inhabiting and dwelling in our kingdome and we haue declared and do declare them to be such without suyng out of any writs of naturalization or any other warrant from vs then this present Edict all maner of ordinances contrarie hereunto notwithstanding which we haue abrogated do abrogate and yet we charge and command that the sayd children born in strange countreys shal be bound within ten years after the publishing of this present Edict to come and dwell in this our Realme LXXI Those of the said pretended reformed Religion and others which haue followed that side which had taken to farme any Offices Land Toll forraine impositions and other rights belonging vnto vs and haue not bene able to inioy the same because of the troubles shall stand discharged and we do discharge them of that which they haue not receiued of the said farmes or which without any fraude they haue paid elsewhere then into the receipts of our Fine offices all maner of obligations passed by them concerning these matters notwithstanding LXXII All maner of places cities and Prouinces of our Realme Countreys Lands and Dominions in obeissance vnto vs shall vse and enioy the same priuiledges immunities liberties freedomes faires markets iurisdiction and seats of Iustice which they vsed and enioyed before the troubles began in the moneth of March in the yeare 1585. and others going before all letters to the contrary and whatsoeuer translations of any of the said iudiciall seats notwithstanding prouided that they haue bene done onely vpon the occasion of the troubles which seats of Iustice shall be reduced and reestablished in the cities and places where they were before time LXXIII If there be as yet anie prisoners which are held by authority of Iustice or otherwise as namely in the galleys vpon the occasion of the troubles or
according to that which is contained in this our present Edict VII We haue likewise licensed al Lords Gentlemen and other persons aswel inhabiting this our Realme as others making profession of the sayd pretended reformed Religion hauing in our kingdome and countries vnder our iurisdiction the priueledge of a Iustice of life and death or a fee in Knights seruice as in Normandy whether he hold it as proprietarie thereunto or as one hauing right and interest vnto the reuenewes of the same in the whole or in the halfe or by the thirds to haue in such their houses of Iustice of life and death or in their see of Knights seruice which yet they shall giue the names notice of vnto our Bailifes Lieutenants euery one in his place of their principall dwelling house the exercise of the sayd Religiō both whiles they are there resident themselues as also their wiues or family or any part thereof when they are absent And in case the title of this their tenure bearing to sit as Iudges vpon life and death or the title of a whole Knights see be called in question and stand in controuersie in the law notwithstanding the exercise of the sayd Religion may be there kept prouided that the parties aforesayd be actually possessed of the said house bearing such commission of sitting as Iudge in matters of life and death although our Atturney generall be a party therein We further also permit and allow them to haue the sayd exercise in their other houses priuiledged with the authority of sitting as Iudge in matters of life death or being a Knights fee for the time they shall be resident thereupon themselues and not otherwise and all this to be vnderstood construed in the behalfe of themselues their familie subiects and whatsoeuer others that will resort thereunto VIII In the houses of those which haue a see where they of the sayd Religion haue not the priuiledge of high Iustice or of a Knights fee they may not haue the sayd exercise but for themselues onely and their family We meane not notwithstanding that if there come in other persons to the number of thirty besides their owne family whether it be vpon occasion of Baptisme the visiting of their friends or otherwise that then they may be searched except on the other side that the said houses be in the townes boroughs or villages belonging to the Lords Catholiques high Iustices those others then our self and wherein the sayd Lords Catholikes haue their places for in such case those of the sayd Religion may not in the sayd townes boroughs or villages exercise the same except it be with the good leaue and license of the sayd Lords high Iustices and not otherwise IX We permit likewise those of the sayd Religion to hold and continue their exercises in all the Townes and places within our iurisdiction where it was established and exercised by them publiquely many and diuerse times in the yeares 1596. and 1597. vnto the end of the moneth of August notwithstanding any Iudgement or sentence contrarie thereunto X. In like manner the sayd exercise may be established and reestablished in all the Townes and places where it hath bene established or ought to be by the Edict of Pacification made in the yeare 77. or by the particular articles and conferences held at Nerac and Flex without any impeachment vnto the said establishment in the places of Demaine granted by the sayd Edict Articles and Conferences for the places of Bayliwickes or which shall so be hereafter notwithstanding that they haue bene since then aliened and sold away to Catholikes or shal so be in time to come And yet our meaning is not that the said exercise may be established againe in the places of the said Demaine which haue bene heretofore possessed by them of the said pretended reformed religion where it hath bene planted only in consideration of the safetie of their persons or because of the priuiledge of the Lordships if the said Lordships be found at this present to be in the possession of such persons as are of the said Catholike Apostolike Romish Religion XI Furthermore in euery of the auncient Bayliwikes Lieutenantships and gouernements standing in stead of a bayliwike being to haue chiefe and principall places in the Courts of Parliament we ordaine that in the Suburbes of some one Towne besides those which haue bene granted vnto them by the said Edict particular Articles and Conferences and where there is no such Townes in some one borough or village the exercise of the sayd pretended reformed Religion may be publikly vsed for all such as will go thereunto notwithstanding there be in the sayd Bayliwiks Lieutenantships and Gouernements many places where the sayd exercise is already established excepted from hence the sayd place of Bayliwike newly agreed vpon by the present Edict and the Townes wherein there lyeth any Archbishop or Bishop and that without any thing letting but that those of the pretended reformed Religion may demand name for the sayd place of their sayd exercise the boroughes villages neare vnto the sayd Townes excepted also the places and Seignories belonging to the sayd Ecclesiastical persons as wherein we doe not meane that the sayd second place of Bailiwike may be established hauing excepted and reserued the same of our special grace and fauour It is our pleasure and meaning that by the name of auncient Bayliwikes bee vnderstood those which were in the time of the deceased King Henry our most Honourable Lord Father in law held and taken for Bayliwikes Lieutenantships gouernements of chiefe and principall place in our sayd Courts of Parliament XII It is not our meaning by this present Edict to derogate or take away any thing from the Edicts Agreements made heretofore for the reducing of certaine Princes Lords Gentlemen and Catholike Townes vnder our iurisdiction in that which concerneth the exercise of the sayd Religion which Edicts and Agreements shall be maintained and kept in this respect according as it shall be declared by the instructions giuen the Commissioners which shall be appointed for the execution of the present Edict XIII We expresly forbid all them of the said Religion to vse any exrcise of the same either by way of the Ministery Gouernment Discipline or publike instruction of children or others in this our Realme and countries vnder our allegiance in any thing concerning religiō except in the places permitted granted by this present Edict XIIII As also to vse any exercise of the sayd Religion in our Court traine neither likewise in our lands countries beyond the mountaines neither yet in our Citie of Paris or within fiue leagues of the sayd City notwithstanding those of the sayd Religion dwelling in the sayd coastes and countries beyond the mountaines and in our sayd City and within the compasse of fiue leagues round about the same shal not be searched in their houses nor forced to the doing of any thing
with the originall by the sayd Registers whose duty it is to register the said acts vpon paine of paying all the parties costs and charges and where the sayd Registers shall refuse to doe the same it shall be sufficient for the sayd officers to bring backe the act of the sayd breuiarie dispatched and sent away by the sayd Sergeants or Notaries to cause the same to be registred in the Registers court of their said iurisdictiōs there to haue recourse vnto the same vpon paine of the disanulling of their proceedings iudgements And as concerning the officers whereof there hath not bene accustomed any admittance to be made in our sayd Courts of Parliament in case that they to whō it belonged did refuse to proceed to the said examination and admittance then such officers so refused shal withdraw themselues from out of the said Courts til such order be taken for them as shall belong thereunto LIIII The officers of the said pretended reformed religion which shall hereafter be appointed to serue in the body of our sayd courts of Parliamēt great Coūsel court of Accompts court of Aides in the office of the Rolles of the generall Treasurers of Fraunce or as other officers of the fines shall be examined and admitted into the places where they were wont to be and in case they be reiected and refused or iustice denied vnto them then and in such case they shal be prouided for by our Priuie Counsell LV. The admitting of our Officers made in the court heretofore established at Castres shall continue and abide of force notwithstanding whatsoeuer sentences iudgements or ordinances passed to the contrarie The admitting also of Iudges Counsellers Elects and other Officers of the said religion made in our priuie Counsell or by Commissioners by vs ordained for the refusal made by our courts of Parliament courts of Accounts and courts of Aides shall stand and continue in force and that as full and absolute as if they had bene made in the said courts by the other Iudges to whō the admittāce doth appertain their fees shal be answered allowed by the court of Accompts without any question or doubt made of the same And if any such haue bene razed or crossed out they shall be reestablished and put in againe without further neede of hauing anie other command then this present Edict and without anie shewing of anie other admittance by the said Officers notwithstanding whatsoeuer iudgements passed to the contrarie for they shall be to no more end then as if they had not bene void of all force and effect LVI And during the time that the fines and amercements of the said courts shall come short of answering and defraying the costs and charges of the Officers of Iustice in the said Courts there shall be by vs appointed a sufficient allowance for the discharge of the said costs without any leauying of any such moneys vpon the goods of condemned persons LVII The Presidents and Counsellers of the said pretended reformed religion before admitted into our court of Parliament of Dolphine and into the court of the Edict incorporated into the same shall continue and enioy their places and degrees before enioyed in the same that is the Presidēts as they haue enioyed them heretofore and do at this day enioy them and the Counsellers holding on according to the decrees and ratifications made them in our priuie Counsell LVIII We declare and pronounce all sentences iudgements proceedings seysures sales decrees made and graunted against them of the said pretended reformed religion whether liuing or dead since the decease of the late deceased King Henry the second our most honorable Lord and father in Law by reason of the said religion tumults and troubles since then befallen as likewise the executions of those iudgements decrees from this day forward to be extinct reuoked disanulled the same do extinguish or frustrate reuoke and disanull We ordaine that they shal be razed taken from the Registers of the court of Registry as also out of whatsouer other courts whether High and Great or Inferiour and lower ones As we will likewise that there be taken away and defaced all the markes notes and monuments of the said executions bookes and diffamatorie acts against their persons memorie and posterity and that the places wherein hath bene committed and performed any pulling downe ruining or razing for this occasion be restored in such estate as they were vnto the proprietaries and owners of the same to hold enioy and dispose of the same as liketh them And generally we haue frustrated reuoked and disanulled all proceedings and informations made against whatsoeuer enterprises pretēded crimes of high treason and others which proceedings and iudgements containing reuniting incorporation and confiscation notwithstanding we will that those of the said religion and others their followers and heires do reenter into the reall and actuall possession of all and euerie part of their goods LIX All maner of proceedings past and all definitiue sentences and iudgements pronounced during the troubles against thē of the said religion which haue caried armes or withdrawne themselues out of our realme or within the same into the cities and countries by them held and that for no other matter then for their religion and the troubles sake as likewise al maner of suits left off long ago all prescriptions aswell grounded vpon the law as agreed vpon by couenants or confirmed by custome and al seisures made by the Lords vpon Manors or Lordships falling in the time of the said troubles or through lawfull impediments caused through the same as the iust examination thereof by our Iudges shall better make to appeare shall be accounted as not done pronounced or come to passe and we haue declared and do declare them for such and haue passed them ouer and still do passe them ouer for nothing and that without leauing anie hope to the parties of euer releeuing themselues in those cases by any maner of meanes and the rather seeing it is our will and pleasure that such things should be restored vnto the same estate wherin they stood in former time the said iudgements executions of the same notwithstanding and such possession as they enioyed againe giuen vnto them and that for the same regard and consideration And this ordinance shall furthermore in like maner take place in respect of others which haue taken partie with them of the said religion or which haue bene absent out of our realme because of the troubles And as concerning the children that were vnder age of such persons as were of the aforesayd quality and died in the time of the troubles we restore them viz. the sayd children vnto the same estate and condition that they were in before time without redeeming of the same or being bound to disburse any thing for any fines or amercements imposed vpon the same And yet we meane not that the iudgements passed by the Iudges Presidents or anie other
them and whereby both the one and the other may find matter to content thēselues withall as far forth as the time considered as it is will beare And this our resolution and mature deliberation we haue vndertaken nothing at all in respect of our selfe but in respect onely of the zeale which we haue for to see God serued and that it may from henceforth make procure and establish amongst our subiects a sound and lasting peace For the which we beseech and still waite vpon his diuine Maiestie crauing and expecting the like protection and fauour which he hath continually in most cleare and manifest sort vouchsafed this Realme from since the time it first was and throughout all that long tract of time that it hath continued that it wold likewise please his Maiestie to shew our subiects such fauor and grace as that they may learne to vnderstād that in the obseruing of this our ordinance consisteth next to that which they owe to God and to vs the principal foundation of their vnitie and concord tranquility and rest and of the entire reestablishing of this estate in his former glorie wealth and mightinesse And as for our selfe we promise to cause it to be exactly obserued without tollerating or bearing with any maner of encounter or resistance For these causes hauing with the aduise of the Princes of our bloud other Princes officers vnto the Crowne and other great notable personages of our Counsell of Estate being about vs well and diligently weighed and considered all the whole matter we haue by this our perpetuall and irreuocable Decree pronounced declared ordained do pronounce declare and ordaine I. First that the remembrance of all things passed of the one part and of the other from the beginning of the moneth of March in the yeare 1585. vnto our comming to the Crowne and during the other troubles going before and by the occasion of them shal remaine for dead and buried and as things that neuer were And it shall not be lawfull or permitted vnto any of our Atturneyes generall or any other persons whatsoeuer publike or priuate at any time vpon any occasion that may happen to make mention therof or to implead or accuse any for the same in any of our Courts or iurisdictions whatsoeuer II. We forbid likewise all our subiects of what condition or quality soeuer they be to renew the remēbrance aforesaid by multiplying of words by stomacking wronging or prouoking of one another with the reproch of anie thing that is past vpon anie cause pretext or colour whatsoeuer in disputations protestations or any maner of quarels neither yet to miscall or offend by word one another about anie word or deed before past but to containe thēselues and to liue peacebly together as brethren friends and fellow citizens vpon paine for offending herein to be punished as breakers of the peace and disturbers of the publike quietnesse III. We ordaine that the Catholike Apostolike Romane Religion shall be restored and established againe in all the places of this our Realme countries vnder our iurisdiction where the exercise of the same hath bene neglected there to be freely and peacebly exercised without any maner of molestation or impeachment Forbidding most expresly all maner of persons of what estate quality or cōdition soeuer they be vpon the penaltie aboue named to trouble molest or disquiet the Priests in the celebration of the diuine seruice or of the enioying and reaping of their tenths fruits and reuenues of their benefices and all other rights and duties belonging vnto them and that all those which in the time of the troubles haue bene taken away as Churches houses goods or reuenues belonging to the said Ecclesiasticall persons and that those which do withhold and occupie the same do surrender the whole possession and peaceable fruition in such rights liberties and assurances as they had them before that they were disseized of the same In most plaine tearmes also forbidding those of the said pretended reformed Religion to make any Sermons or other exercise of their said Religion in the Churches houses and habitations of the said Ecclesiasticall persons IIII. It shall be in the choyce of the sayd Ecclesiastical persons to buy the houses and buildings erected in places prophaned by them which occupied them during the time of the troubles or else to constraine the possessers owners of the said buildings to buy the grounds in both cases estimation to be made by such as are wise and skilfull therin in such sort as that the parties may agree and conclude together if they cannot be brought to agreement amongst themselues then the Iudges of those places shal determine the whole matter the owners their aide and helpe alwayes reserued vnto them against such as it may concerne or belong vnto And in case where the said Ecclesiasticall persons shall compell those in possession to buy the ground they the said Ecclesiasticall persons shall not receiue the price of the valuation but it shall remaine in the hands of the possessed and they still stand answerable for the same and for the profite for the same after the rate of a pennie in twenty vntill such time as the same shall be imployed for the profite of the Church and this likewise to be procured within the space of a yeare And if it happen that the same time be expired and the money not imployed and that the occupier of the same will not keepe it any longer at the said rent he shall be discharged thereof in paying the same ouer to anie man that is able to pay the principall and the rent hauing authority from a Iustice and warrant for that which he shall do therein And as concerning the holy places there shall order be taken for them by the Commissioners which shal be by vs ordained and appointed for the executing of this present Edict hauing bene before by vs instructed what to do in this point V. And yet notwithstanding the grounds and places occupied and imploied about the repairing and fortifying of the townes and other places of our Realme as also the matter imploied that way shall not be to be chalenged or redemanded by such Ecclesiasticall persons or else any other either publique or priuate except at such times as the sayd reparations and fortifications shall be pulled downe by our appointment and ordinance VI. And to the end that there may not be left any occasion of iarre or trouble amongst our subiects we haue permitted and doe permit those of the sayd pretended reformed religion to liue and dwell in all the townes and places of this our Realme and countries vnder our iurisdictiō without any maner of examination vexatiō molestation or cōpulsion to the doing of any thing in the matter of religion cōtrary to their conscience not to be searched or rāsackt in the houses and places where they mind to abide and dwell so that they carrie themselues in all other their demeanour