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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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as that during the time of such their seruice it shall not be lawfull for them to depart or be absent from the sayd Courts without leaue granted by them which shall be Iudges in the causes concerning the Ordenance XLIII The sayd Courts shall be established within sixe monethes during the which time if the establishing therof do stay so long before it be brought to passe the sutes risen or to rise in which those of the sayd religion shall be parties and of the iurisdiction and within the precincts of our Parliaments of Paris Roane Dion or Renes shall bee remoued into the Court already established at Paris by vertue of the Edict made in the yeare 1577. or else into the great Counsell at the choise and liberty of those of the sayd religion as they themselues shal require Those which shall be of the Parliament of Burdeaux in the Court established at Castres or in the sayd great Counsell as they themselues shall thinke good those which shall be of Prouence in the Parliament of Grenoble And if the sayd Courts be not established within three monethes after the presentation and setting forth of this our present Edict then such of our Parliaments as shall haue refused shall be forbidden to examine and iudge of the causes of those of the sayd religion XLIIII Sutes not yet iudged but depending in the sayd Courts of Parliament and great Counsell of the quality aforesaid shal be remoued in what estate so euer they stand in the sayd Courts euery one to the Court within the iurisdiction and liberties wherein they dwell if either of the parties of the sayd religiō do so require within foure monethes after the establishment of the same and as for those which shal be discontinued and are not in estate to iudge the sayd of the religion shall be enioyned to make declaration vpon the first notice and signification which shall be giuen them of the action in law and the sayd time past they shall not afterward be any more admitted to make their sayd appeales or remoues XLV The sayd Courts of Grenoble and Burdeaux as also that of Castres shall keepe the formes and styles of those Parliaments within whose precincts they are held and shall sit in equall number of the one and of the other religion to iudge if the parties amongst themselues agree not to the contrary XLVI All Iudges to whom directions and order shall be giuen for the executions of definitiue sentences and finall iudgements Commissions of the sayd Courts and letters obtained in the Chaunceries of the same as also all Sergeants shall be bound to execute the same and the sayd Sergeants to doe all their businesse and matters of execution throughout our Realme without demanding any Placet Visa ne pareatis vpon paine of suspension from their estates and of the charges damages and costs of the parties the determination of which point shall appertaine vnto the sayd Courts XLVII There shall not any appeales be granted for any causes the determining whereof belongeth to the sayd Courts except in matters concerning the Ordinances and then such appeale and remoue shal be to the nearest court established following our Edict and the deuiding of the suits of the said courts shal be iudged of in the next adioyning the proportion and forme of the said Courts obserued wherein the suits shall be commenced and layd the court of the Edict in our Parliament of Paris excepted where the suits deuided shal be deuided in the same court by the Iudges which shall be by vs named by our particular letters directed to that end if the parties do not rather desire to stay the renewing of the sayd Court. And if it happen that one and the same sute be deuided into all the Courts halfe deuided the deuiding shall be remoued to the said Court of Paris XLVIII The appeales which shall bee made from any Presidents and Counsellers of Courts halfe deuided shall be iudged by the number of sixe to the which number the parties shall be bound to referre themselues for otherwise it shall proceede any manner of appeales to the contrary notwithstanding XLIX The triall of Presidents and Counsellers newly elected and made in the sayd Courts halfe deuided shall be made in our Priuie Counsell or by the sayd Courts euery one in his place when they shall consist of a sufficiēt number notwithstāding the oath accustomed shall be by them taken in the Courts where the sayd Courts shall bee held and if refuse thereof be made then in our Priuy Counsell except those of the Court of Languedoc which shall take their oath at the hands of our Chaunceller or in the same Court L. We will and ordaine that the receiuing and admittāce of our officers of the sayd religiō be iudged and determined in our Courts halfe deuided by the greater number of voices as it is accustomed to be done in other iudgements so that there shall not be any need that the affirmatiue voices or approuing iudgements be more then two thirds following the Ordenance which for that cause we will to be abrogate LI. There shall bee made handled and contriued in the sayd Courts halfe deuided such questions consultations and resolutions as shall appertaine to the publike peace and quietnesse and as may concerne the particular estate and ciuill gouernment of such cities as the sayd Courts are held and kept in LII The Article of the iurisdiction of the sayd Courts ordained by this present Edict shall be followed obserued according to his forme and tenour yea euen in that which doth concerne the executing or not executing or the breaking infringing of our Edicts whē they of the sayd religiō shall be parties LIII The vnder officers Royall or others whose admittance belongeth vnto our Courts of Parliamēt if they be of the sayd pretended reformed religion shall be examined and admitted in the sayd Courts that is to say those within the liberties of the Parliament of Paris Normandy and Brittaine in the sayd Court of Paris those of Dolphinie and Prouence in the Court of Grenoble those of Burgundy in the sayd Court of Paris or Dolphinie as they shall thinke best themselues Those of the liberties of Tholosa in the Court of Castres those of the Parliament of Burdeaux in the Court of Guyenne no oppositions or parties making by others being to be vsed besides our Atturnies generall and their substitutes and those which are already setled in the sayd offices notwithstanding the oath accustomed shall be taken by them in the Courts of Parliament which shall haue nothing to do with their admittance and in case of refusing to take their oath in the sayd Parliaments the sayd officers shall take their oathes in the sayd Courts after the taking whereof they shall be charged to present by some Sergeant or Notary the act of their admittance to the Registers of the sayd Court of Parliament and with them to leaue a copie thereof conferred and examined
THE KINGS EDICT AND DECLARATION VPON THE FORMER Edicts of Pacification PVBLISHED 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 dictae Maiestatis LONDON Printed by R. F. for Thomas Man 1599. THE KINGS EDICT AND DECLARATION VPON THE FORMER EDICTS OF PACIFICATION HEnrie by the grace of God king of Fraunce and Nauarre to all that are present and to come greeting Amongst the infinit benefits which it hath pleased God to bestow vpon vs this may well be accounted and esteemed as one of the most rare and notable namely that it hath pleased him to giue vs the grace and power to vndergo and beare out the hideous and dreadfull monster of troubles confusions and disorders which were rife and ouerflowed this whole Realme at our comming to the Crowne as being then deuided into so many parties and factions and that in such sort as that the most loyall and naturall part was in a maner the least and withall in such sort to haue opposed and strengthened vs against such boystrous blasts of stormie tempests as that we haue in the end ouerrid and ouercome them arriuing at the length in the hauen of the safe deliuerance and peaceable quietnes of this estate Of all which let God haue the whole and onely praise and glorie and we so stirred vp prouoked and bound to him thereby as that we may neuer surcease or giue ouer the offering vp of our self in all the best maner of seruice we can for the perfecting ful accomplishing of this worthie worke wherin his hand and power hath bene most clearely and manifestly shewing it selfe vnto the sight of all men giuing vs to beare and vndergo not onely so much as our place and abilitie did require but much more and farre aboue the same and that in such sort and measure as our dignitie considered in any other time would haue bene verie vnmeete and inconuenient as neuer fearing to hazard therein our princely renowne by the free exposing of our limmes and life so oft vnto so many dangerous occurrences accompanying the same But now whereas we haue found it vnpossible to settle and bring into good order so confused a heape and multitude of so great so weightie and so dangerous affaires and businesses at once and at one time we haue thought good to take this course namely to attempt in the first place such things as could not but by force might be atchieued reseruing for a better time the other which ought and might be determined by reason and course of iustice As for example the generall quarrels that then raigned amongst our good subiects and the particular mischiefs and iniuries lying vpon the soundest and most trusty parties of our kingdome all which we iudged much more easie to be redressed and cured whē the ciuill warres the originall cause of continuance of the same should be cut off and taken away Now we hauing by Gods assisting hand wel and prosperouslie preuayled herein to the vtter extirpation of warres and all maner of hostility out of all the corners and quarters of our realme we hope with as good successe to compose and set in order the matters as yet out of square and order that so we may attaine the full establishment of a firme peace and setled quietnesse which hath alwaies bene the scope and drift of all our desires and resolutions and the price we aymed at in al the paines and trauels which we haue vndertakē throughout the whole course of our life Now amongst the affaires and matters with patience and cōtinuance of time to be remedied that one of the chiefest and most principall thereof were the complaints which we receiued from many of our prouinces and Catholike townes for that the exercises of the Catholike religion were not generally again established according to the Edicts heretofore made for the pacifying of the troubles which had risen and sprong from the cause of Religion As also the supplications and admonitions offred vnto vs by thē of the pretended reformed religion as well cōcerning the default lacke of due execution done of that which hath bene granted vnto thē by vertue of the aforesaid Edicts as also for that they desired that there might furthermore be added vnto the said Edicts the establishmēt of the exercises of their said Religion the liberty of their consciences the safty and securitie of their persons and goods presuming that they had iust matter to draw them to the entertaining of some new and great conceits by reason of the last troubles and disturbances alleaging that the principall drift and occasion thereof was plotted and layed to entrap and wholy to ouertread them Which things that we might not ouercharge our selfe with multitudes of businesses at one time as also in asmuch as the raging heat of warres did gainsay and hold out all establishment of lawes how good wholsome and necessarie soeuer they might haue bene we haue still deferred from time to time to prouide for But now seeing it pleaseth God to giue vs to inioy some better quietnesse and rest we haue iudged that the same cannot better be imployed then to make it our leisure and liberty to respect and take in hand the things concerning his glorie and holie worship and to prouide that he may be honoured and serued of all our subiects and that though it please him not to haue it after one maner of forme and in one kind of religion it may be at the least to one and the same intention and with such a cariage as may be free from all maner of troubles and tumults that otherwise would rise amongst them and that we and this our Realme may euermore deserue and conserue the glorious title of Most Christian which hath so long since for so manifold our merits deserts bene purchased and obtained and by the same meanes take away the cause of mischiefe and trouble which may rise vpon the matter of religion as being the thing that alwayes moueth the heart and eyes more then all other things besides For this cause we hauing considered the waightinesse of the matter and that it deserueth with all carefulnesse to be looked into and hauing againe receiued the humble requests and supplications of our Catholike subiects as also hauing permitted our said subiects of the pretended reformed Religion to assemble together by their Deputies to make theirs ready and to inclose together and shut vp in one what they haue to say or alleage for themselues and about the same matter to conferre with them diuerse times and hauing further perused the said former Edicts throughly haue thought it meet to frame a generall plaine vpright or indifferent and absolute law concerning the whole matter in the behalfe of all our subiects that by it they may be ruled in such controuersies as heretofore haue risen amongst them hereby or which hereafter might rise amōgst
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
in the matter of Religion contrary to their conscience so that they demeane thēselues in other things according as is enioyned thē in this our present Edict XV. In like manner the publike exercise of the sayd Religion may not be vsed in warres except in those quarters whose Chiefetaines are professors of the sayd Religion and yet furthermore it is to be vnderstood that those quarters must be others then that in which we shall lodge in our owne proper person XVI Following the second Article of the cōference of Nerac we permit them of the said Religion to build places for the exercise of the same in the Cities and places where liberty and license is graunted vnto them for the same and further such places as they haue heretofore to that ende builded shall be restored vnto them or else the grounds whereupon they stood in such state as it now standeth Yea though they be in such places as they may not be suffered to vse the exercise of their Religion except they be translated and changed into the nature of other buildings In which case the possessors of the sayd buildings shall giue vnto them roomes and places of the same price and value that they were of before they were in that manner by them translated or the iust valuation of them in money at a rate set downe by such as are skilfull Reserued alwayes vnto such proprietaries and owners whatsoeuer aide or succor which the law may any way offord them against any whom the matter may concerne XVII We forbid all Preachers Readers and all others which vse to speake in the places of publike assemblies to vse any words discourses or argument tending to the stirring vp of the people vnto sedition hauing rather inioyned them we do againe inioyne them to carrie and behaue themselues modestly not vttering or speaking of any thing but what may tend to the edification and instruction of the hearers and to the maintenance of the peace and tranquility by vs established in this our sayd Realme vppon the paines and penalty set downe in the former Edicts Giuing expresse charge and commandemēt vnto our generall Atturnies and their substitutes to giue informatiō according to their office against such as shall oppose themselues by contrary practises in this point vpon paine themselues to answere in their owne persons and of depriuation from their offices for fayling therein XVIII We forbid in like manner all our Subiects of what condition or quality soeuer they be to traine or draw by force or secret and subtile suggestions the children of the sayd Religion to cause them to be Baptized or confirmed in the Catholike Apostilike Romaine Church contrary to the good liking of their parents As likewise the same inhibitions are to be extended to them of the sayd pretended reformed Religion and that a like to both vpon paine of being punished for examples vnto all others that they may beware to do the like XIX Those of the pretended reformed Religion shall not be any way tyed or stand bound by reason of abiurations promises oathes which they haue made heretofore or for any suretiship which they haue entred into in respect of the matter of the sayd Religion neither shall they be molested or troubled any manner of way at all for the same XX. They shall in like manner be inioyned to keepe and obserue the Festiuall dayes appointed in the Catholike Apostolike Romaine Church neither may they vpon those dayes worke sell or shew wares in their opē shops neither likewise may handicrafts men worke out of their shops either in chambers or in their houses shut close to them vpon the sayd Festiuall dayes or any other prohibited in any occupation or craft which may make a noise to be heard without by such as passe by or yet of their neighbours In which case also there shall not any search be made but by such as are appointed officers for the executing of Iustice XXI The bookes concerning the pretended reformed Religion may not be printed and sold publikely but in the Cities and places where the publike exercise of the sayd Religion is permitted And as for other bookes which shall be printed in other Cities they shall be seene and perused aswell by our officers as Diuines as is appointed by our decrees and ordenances We expresly forbid the printing publishing and selling of all bookes scrolles or writings defamatory and tending to the taking away of any mans good name vpon the paines and punishment contained in our decrees and ordenances inioyning and charging all our Iudges and officers to be diligent in the executing of the same XXII We furthermore ordaine that there shall not be made any distinction or difference in respect of Religion in the receiuing of Scholers to be instructed trained vp in Vniuersities Colledges or schooles or of the sicke and poore in receiuing of them into Hospitals houses for the diseased or publike almes houses XXIII Those of the pretended reformed Religion shall be bound to keepe the lawes of the Catholike Apostolike Romaine Church receiued in this our Realme concerning the matter of mariages already contracted or to be contracted as also concerning the degrees of consanguinity and affinity XXIIII In like maner those of the said religiō shal pay the duties of entring as it is accustomed for the charges and offices which shall be discharged for them without being constrained to giue their attēdance about the executing of any ceremonies cōtrarie vnto their said religion and being vrged to an oath they shall not be bound to make any other then to hold vp their hand and to sweare and promise to God that they will speake the truth and againe they shall not be bound to take anie dispensation for oathes passed by them in matters of bargaines and obligations XXV We wil and ordaine that all those of the said pretended reformed religion and others which haue taken partie with that side of what estate qualitie or condition soeuer they be be bound and tied by all good and reasonable wayes and vpon paine of such punishment as is cōtained in the Edicts made for that purpose to pay and discharge the tenths to the Curats and other Ecclesiasticall persons and to all others to whom they belong and appertaine according to the vse and custome receiued in the places of their abode XXVI Disinheritings or depriuations whether in state of life or in matters disposed of by wil and testamēt comming onely of hatred or for the cause of religion shall not take place either for the time past or that is to come amongst our subiects XXVII To the end that the affections of our Subiects may be so much the better and more firmely knit together as our purpose is and to take away all discontentments that may ensue We declare all them which do or hereafter shall make profession of the said pretended reformed religion capable of holding and exercising all maner of Estates dignities offices publike charges whatsoeuer
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
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