Popish mercy and justice being an account, not of those (more than an hundred thousand) massacred in France by the papists, formerly, but of some later persecutions of the French Protestants : set forth in their petition to the French king / translated for the information of English Protestants, by Ezreel Tonge ...

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Title
Popish mercy and justice being an account, not of those (more than an hundred thousand) massacred in France by the papists, formerly, but of some later persecutions of the French Protestants : set forth in their petition to the French king / translated for the information of English Protestants, by Ezreel Tonge ...
Author
Tonge, Ezerel, 1621-1680.
Publication
London :: Printed by Th. Dawks ...,
1679.
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Subject terms
Catholic Church -- Controversial literature.
Huguenots -- France.
Persecution -- France.
France -- Church history -- 17th century.
Cite this Item
"Popish mercy and justice being an account, not of those (more than an hundred thousand) massacred in France by the papists, formerly, but of some later persecutions of the French Protestants : set forth in their petition to the French king / translated for the information of English Protestants, by Ezreel Tonge ..." In the digital collection Early English Books Online 2. https://name.umdl.umich.edu/A55460.0001.001. University of Michigan Library Digital Collections. Accessed May 6, 2024.

Pages

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To the KING.

Sir,

LEWIS de Lisle Esquier, Lord of Ollon, Fre∣derick de Vins Esq Lord of Barveil, Fran∣cis, Henry and Isaac de Blosset Esquiers; Claudius de Maumirey, and James le Su∣erre do most humbly remonstrate to your Majesty, That amongst the Places of the Protestant Re∣ligion in the Province of Burgundy, that of Vaujau∣court near to Avalon, hath been well established, and was confirmed by the Lord Bouchu Intendant of that Province; which the Rector of that Parish could not endure, nor the Gray Fryars of Vezelay, whose Guar∣dian, named du Han, did not only bring the Process against it to cause it to be forbidden and supprest, but did by Libels printed and published, and by his Ser∣mons endeavored to persuade the People of that Coun∣try, That your Majesty was resolved to cause all the places of that Religion in that Province to be pulled down, and so likewise throughout all France, and not

Page 2

to tolerate the said Reformed Religion therein any lon∣ger. They conspired to raise a seditious Tumult of the Catholick Communalty, as well of that place as of the Neighborhood against them of the said Protestant Religion, and to take occasion by a Synod, which was to be held at the said Vaujaucourt, on the 13th of June 1667. and the following dayes, that thereby they might at once drive away and destroy all the Ministers in Burgundy: and to draw a Confluence of People to that Place, he caused publick Notice to be given all about every where of the Meeting of that Synod, and that his Design was to be there, and to dispute against all the Ministers, and to refute what they preached in their Sermons. And he did indeed appear there ac∣cordingly, followed by multitudes of People: And pre∣sently, upon his Arrival, he set up his Preaching Pulpit directly before the door of the Inn where all the Pro∣testant Ministers lodg'd, designing, that when they came either in or out, they might be expos'd to the mutinous people. And having spent the four first daies in Prea∣ching seditiously against the Doctrine of the Protestant Ministers, and pursuing them with Challenges unto the Place of their Exercise, where he was attended by three or four thousand Persons, and continually affronting and insulting over them, because they would not Dispute with them, on the 19th of the said June, he executed his mischievous Design by ringing the Allarm-Bell, and by crying HARLAU, HARLAU, which is the Word there used to raise a Tumult, and which he gave the Muti∣neers himself: All whose Fury fell upon your Petitio∣ners, who (whilst the Women, Children and feeble Per∣sons saved themselves in several places) presented themselves to this inraged Multitude, endeavored to appease them by sweet passionate Intreaties: and the said Lord Ollon principally, who being the Lord of that

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Place, believed that his Vassals would have had some Respect for him, and have assisted him in putting a stop to that Disorder; but he, as well as the rest, was first outragiously abus'd in words, and then assaulted with Stones, Cudgels, Swords, Halberts, and Spits, knock'd down, wounded, and grievously bruised in all parts of their Bodyes, dragg'd by their hair to be cast into the River; nor had the Murderers here desisted, but that 'twas thought they had been dead: One of them designing to dispatch the Lord of Ollon, took up the heaviest stone he could find, and threw it at his head with all his force: After they had done this, these se∣ditious people went and broke open the doors of ma∣ny Houses, and amongst others, the house of Zachary and James Courcelles, in which the said Ministers and and others were lodged, which houses they plundred: Now also some Women and other Catholicks improv∣ing their time, took up your Petitioners and carried them into the Castle of that place, where they lay a great while before they gave any sign of life, having lost, in a manner, all their Blood by the many wounds that were given them.

As Violences that were so notorious could not be dis∣sembled, your Petitioners sent the 21 of the said June, to present their Complaint to the said Lord Bouchu, who gave Commission to the Lord Guijon, Lieutenant Criminal of Avalon, to take Information thereof, and to take for his Assistant, of the pretended Reformed Re∣ligion, the Lord Rey de Morand, a Councellor at Law, which was done the next day, and sixty Witnesses exa∣mined, as well of the one as of the other Religion, which related all the Circumstances of the Sedition of which the said Gray-fryer du Han having had Advice, and not doubting that he was charged as the principal Au∣thor of all that hapned, he went and inticed the Attor∣ny

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General of the Parliament of Dijon; who, upon his sute, deputed the Lord Chaumelis, a Senator of the said Parliament, to take Information of the same Fact; pretending against all appearance of Reason, That they of the Protestant Religion, who were not above 70 or or 80 persons (comprising in that number the Ministers, Elders, Oldmen, Women and Children) had intended to abuse them of the Catholick Religion, who were in number 6000 and more: and the same du Han, having caused himself to be examined, produced for witnesses those who were the most violent in the Assault and Plunder: Your Petitioners, being advised thereof, had cause to sear that, this Information being delivered into that Parliament, they should be treated as Criminals, were oblig'd to make Application to your Majesty, who having taken Notice that this Proceeding was a Recri∣mination, and that the Parliament of Dijon was not competent to take Cognizance of this Affair, wherein the Religion was so much concern'd, remitted it to the said Lord Bouchu, thereof, after Information taken to Judge with Sovereign Authority, and joyning to them in Commission seven Graduats.

This Power which made the said Lord Bouchu ab∣solute Master of the Affair, wrought a notable change in the manner of his Proceedings, for whereas before he had treated them well, and testified to them, That he had all manner of Inclination to do them Justice for the Abuses and Indignities they had suffered: They were surprized to find that in stead thereof, he had sent to seek for the Information taken by the Lord Chau∣melis, and having compared it with that of the Lord de Guijon, he had put one part of your Petitioners under an Arrest, and obliged others of them, and some Catholiques also to a personal Appearance, and dire∣cted a new Commission to the said Lord Guijon, Lieute∣nant

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Criminal of Avalon, with an Assistant of the pre∣tended Protestant Religion to continue the Inquisition, and to perfect the Process unto Judgment exclusively, and, which was more strange, he permitted his said De∣legate to take Information more at large of all the Arti∣cles and Instructions of your Majesties Attorny, and of the said Gray-Fryer du Han, that the Witnesses appoin∣ted by the said Attorny might be examined upon the Contents of the said Articles: which was very un∣reasonable, for that the said Gray-Fryer is dead to the World, and therefore uncapable to act and plead in Law: and besides accused and convicted to have been the Boutefew or Incendiary of this popular Insurre∣ction, and therefore could not be Plantiff, nor ought those his Articles of Charge to be received, which were contrived for his own Discharge. This Partiality made way for another, which was that this Gray-Fryer be∣ing thus authorized to give-in Articles, went on so far as to frame and obtain an injurious and scandalous Sen∣tence against your Petitioners, whom he accused to have attempted to begin a Civil WAR in France by this In∣surrection, of which, he suggested, they were the Au∣thors: Which obliged them, when the first Publica∣tion thereof was made, to interpose an Appeal, as against an Abuse, which being signified to your Majesties said Attorney of the said place of Avalon, he made a Return on the foot of the Writ, on the 5 of September, that he had done nothing therein nor known nothing thereof: and yet nevertheless when they would have stopt them from proceeding in the said Publications, which tended towards new Seditions, the aforesaid Delegate, of his own private Authority, ordained, That it should go on: In pursuance whereof the said Publications being made, there were at least a Thousand Witnesses offered them∣selves to be examined, out of which the said Gray-Fry∣er

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chose 206, who were the very same that followed his Orders in this Insurrection, and caused them to be heard by the said Lord Guijon the Delegate.

But this Information, which was not finished till the Month of November, was never yet concluded on, nor any Decretal Judgment made upon the Charges contai∣ned therein, the said Delegate contenting himself with the Judicial Decrees of Arrest and personal Appearance, which the said Lord Bouchu had made upon the first Informations, by his Ordinance of the 19th of August: which obliged your Petitioners, cited by those Decrees, to apply themselves again to your Majesty, to whom it being represented, that by your first Order of the 6 of July, you had judged the Parliament of Dijon in∣competent of that Affair, and consequently the Infor∣mation also that was taked by the Lord Chaumelis, an Assistant or Commissioner of the said Parliament, (who had not called to him any Assistant of the pretended Protestant Religion) was also null, and ought not to have been regarded: Your Majesty gave out another Order of the 24 of October, by which it was ordained, That in the Prosecution and Judgment of the said Af∣fair, the said Lord Bouchu should have no regard to the Information of the Lord of Chaumelis, but only to those taken by the said Lord Guijon, and Rey de Mo∣rant, his Assistant; and what the said Lord Bouchu would, should cause to be made anew, and in the afore∣said form, on which he should further execute the said Order of the 6 of July, according to its Form and Te∣nure. In pursuance of which last Order, it is certain, That not only the said Information of the said Lord of Chaumelis, but the Decrees of personal Appearance and Arrest of the said Lord Bouchu, judged by his Determi∣nation thereon against your Petitioners, were vacated, and consequently that the process against them ought

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to be made upon new Charges and new Decrees; ne∣vertheless upon them it is that the greater part of your Petitioners are Condemned as contumacious, and the Lord Bouchu hath given Judgment against them with∣out other Information, and against all form of Law on the 30 of July last, having first declared by certain par∣ticular Catholicks, whom he caused presently to ap∣pear in person, and that the said Charges and Allega∣tions were sufficient to ground the Process.

By this Judgment, (which without doubt will sur∣prize your Majesty) he hath declared the Defaults of six of your Petitioners, and four others to be legally taken and obtained, and to be effectual, giving Judg∣ment against them, and six others who appeared and put in their Defence; and for reparation of the Char∣ges arising from the Process, he hath condemned your said Orators alone in 6000 livers solid fine; whereof the said Lords of Ollon, Barveil and Pougues were each to pay 1000 livers, and the Lords of Seurre, Mon∣mire, Henry and Isaac de Blosset, each of them 750 li∣vers applicable to the following uses; to wit, 1000 li∣vers to your Majesties benefit, 2000 to the Hospital of St. Reine, 1000 to that of Avalon, 600 to the Repairs of the Sessions House of the Bayliwick of Dijon, 300 li∣vers to the Cloister of the Gray-Fryers of Vezelay, the like sum of 300 livers to the Cloister of the Minnu Fry∣ers of Avalon, and another 300 livers to the Capou∣chins of the said Avalon, and 150 livers to the Church of Vaujau-court, 200 livers to Zachary Courcelles for his Concerns, 150 to three other private persons for their Concerns, and Joshua Prevost and James Mugnier were condemned, and namely, the first in 20 livers fine, and 60 livers damage to Lazarus Perin, and the other in ten livers fine, and all these aforesaid condemned to the whole Cost and Charges of the sute, and as for the said

Page 8

private Catholicks, they were discharged from attend∣ing the Court, and quit of the Process; and it was or∣dered that John Gravier, Minister of Chastillon, should be taken, arrested and carried to the Royal Prison of Dijon, to have his process made and perfected, and to compleat this work, there is added that your Majesty should be very humbly petitioned to forbid the publick Exercise of the Protestant Religion through the whole extent of the said Bayliwich of Avalon; and that to that intent the Churches wherein they keep that Ex∣ercise should be speedily pulled down and demolish∣ed.

This Judgment hath supprized and scandalized all the Country, even all the Catholicks that have any lit∣tle Justice in them, seeing that instead of punishing ex∣emplarily this popular Fury, which was terrible to all people; the assaulted, and rather they who were Mas∣sacred paid the Fine; the damage and charges are given to the Murderers; and beyond all this; both they and all the Inhabitants of the Bayliwick of Avalon were menaced to be deprived of the Exercise of their Religi∣on. And that very Churches which escaped in the Se∣dition, and had undergone the examination made of its Titles by the said Lord Bouchu beaten down and demolished; the Hospital and Cloysters of the Coun∣try round enriched with their Spoils, and that in par∣ticular whereof the said Du Hau was Warden, who was the Author and Promoter of the Furyes and Plunders exercised on the Petitioners, their Houses and Goods, and which is very extraordinary; That this Gray-Fryer, who pretends, and is, according to the Laws of France, the Statutes and Vows of his Order, civilly Dead; hath no right to bring any Sute or Action, and was both accused and convicted Legally and Justly, and could be at, nor have no Charges, it being one of

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the Vows of his Order; that he touch no money at all; hath notwithstanding obtained a Decree for his Expenses, which he hath since caused to be rated at Three Thousand Three Hundred and Forty two livers, one penny half penny, by an Execution, where he hath served the Petitioners, with a Protestation upon their Refusal, to cause their Goods to be seized and sold: all which tends to the giving Licentious Indulgence to such people as are Seditiously enclined against them of the Protestant Religion; but also to such Preachers who are but too much enclined to instigate them against such who will give ear to them. Whereupon neither your Petitioners, nor any other of the Prote∣stant Religion, can be in any security, whereby your Majesty may perceive of what Importance it is, and how necessary that some single Sovereign Judge be constituted, and liberty given him to choose his As∣sistants; and particularly a supreme Intendant, who may make choise of such Assistants to him, as are not too much obliged to complyance and submission; of which the Lord Bouchu without doubt, if any is to be suspected, who having been forced by evident proofs of the exercise of the Protestant Religion in the Vaujau-court to confirm it, was not displeased to have this occasion given him, to declare your Petitioners crimi∣nal in this popular Sedition, that he might thence take an occasion to put to the end of his Judgment this Petition to your Majesty, to deprive all the Inhabi∣tants of the said Baylliwick, the liberty of serving God, and to ordain the demolition of all their Churches. But this Soverainty which was given him did not extend to dispense with him from observing all forms common and necessary for the Conviction of the Guilty.

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Now that your Majesty may know he hath o∣mitted and violated the most essential Procedures, you are besought to consider, That there have been three Bills of Complaint. The first taken by the Lord Guy∣on Lieutenant, Criminal of Avalon, and upon this there can be no pretence, to say; That your Petitioners could be condemned, for that it was taken upon their com∣plaint, the Contents whereof was very well proved by 60 Witnesses, which they produced and caused to be examined, who named and convicted the Authors and Actors of that Conspiracy. The second, which was ta∣ken at the instigation of the said Gray Fryer du Hau, at the instance of the Attorny General for the Parliament of Dyon, by the Lord Caumelis was declared Null, by your Majesties Order, granted the 14. of October, which without doubt did extend to nullify also the Decrees judged by the said Lord Bouchu, upon the Complaints contained therein: There remains only then the third Indictment, by 206 Witnesses, put-in in September, and finished in November, upon which the Lord Bouchu could find any complaint or charge to found his Judge∣ment; but first of all that is Null, being made to the prejudice of an Appeal of Abuse, in the grant of that In∣dictment, which Abuse consisted in this: That the grant of that Indictment could not legally be obtained, with∣out the permission of a royal Judge, which ought always to go before the Cognizance of the Cause, it being not in the power of parties to publish Indictments and Com∣plaints, according to their own fancies, nor to have them granted and published, for otherwise many dangerous Informations, and such as might have very bad conse∣quences, might be made publick, and such indeed in the present case they were in which the Gray-Fryer in∣stigated by labouring for his own Discharge, had and made use of that in his Information, whereof he was the sole Author; as namely, That your Petitioners and

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others who were Assembled at Vaujaucourt, had con∣spired to make an Insurrection, to begin a Civil War in France; a ridiculous Calumny amongst reasonable persons, which nevertheless was very apt to put Stones and other Weapons into the hands of the Rabble, very credulous and easily moved to Insurrections, Slaughter and Plunder, whence it appears that such a permission was necessary in this case, according to the constant use of all the Jurisdictions of the Kingdom, but that it ought also to have been agreed and limitted by the dis∣cretion of the said Judge, and not left to the discretion of a passionate Monk; and it is certain that the Lord Bouchu himself, ought to have reduced it by his discre∣tion, to supportable terms, because this is a point of highest consequence in the judgement of a Sute, and and not to have left it to a Sub-delegate, to whom he could have only committed the simple prosecution and information, and not that which might give the decisive blow to the chief concern, or issue of the cause. There was also an Abuse or Error in regard of the person who obtained this S n ence, which was the Gray Fryer alone, notwithstanding he neither was nor could be a party to the Sute, but your Majesties Attorney, only who decla∣red when the said Appeal upon abuse was signified to him, that he had no notice of the Sentence, nor of the publication made thereof: Add hereto, that by the Or∣dinance of the said Lord Bouchu, of the 19. of August no Witnesses ought to have been examined, but such as should have been appointed by your Majesties Attorney; whence it follows, that the 20 Witnesses who were ex∣amined to the said last Sentence, being pick't by the said Gray Fryer du Han, out of more then 1200, which were propounded to be examined. This Indictment or Sen∣tence was also Null, being it must needs be presumed, That this Monk would chuse none but his Accomplices

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in his Fury, who, for their own and his discharge, would be careful not to fail in accusing your Petitioners: and this is very considerable, because of another Nullity ob∣servable in the proceedings of the Lord Bouchu, which is omitting the Re-examination of the Witnesses, and confronting them with the Defendents, which formali∣ties are for certain absolutely necessary to perfect and put the last hand to criminal Processes, that are of any consequence. The Re-examination consists in this, that the witnesses who proves any charge being summo∣ned a second time for this purpose, and appearing before the Judge, his Deposition be read unto him, to know whether he persist therein, and whether he have any thing to add to it, or take from it: and Confronting is the presenting the Witnesses and the Defendant face to face, that on the one hand the Witness may declare whether he know the Defendant, and whether he be the person against whom he deposes; and on the other side, the Defendant may say, whether he know the Wit∣ness, and whether he may be creditable or he have some exception against him, which he is obliged to make pre∣sently, otherwise he will not be allowed; see here what is observable on the behalf of the Defendant, who ap∣pears to make any Defence by way of cross Interroga∣tories put into the Judge, and presents himself to be con∣fronted by the Witnesses, and for them who make de∣fault by not appearing, and contumacy, there is a re-ex∣amination of the witnesses only had, that serves instead of a confrontation, which in this case is termed imagi∣nary. Now, as for the private Catholicks, who were of the number of the Seditions, there was no need of confrontation nor re-examination for what con∣cerned them, for there being nothing from the begin∣ing Decreed against them, but that they should appear personally, they presented themselves, and having made

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their Defence, and finding the Lord Bouchu disposed to treat them favourably, they declared that they would be judged of that which was charged against them, but as to your Petitioners, who of Plaintiffs were made Defen∣dents, and of Accusers accused, and perceived very well by the first Decrees that the Lord Bouchu made against them, as soon as he was declared their Soveraign Judge, that he had a design to treat them as Criminals, they were very far from declaring that they would take judgement on the charges deposed against them, by such Witnesses as were themseves guilty of the Violences and Robberies committed against them; so that the Lord Bouchu ought, if he would condemn them, to have observed against them all the ordinary formaliti∣es: In doing which, he ought first to have past Sentence on your Petitioners Appeal of Abuse, against the In∣dictment granted against them, the scandalous Publica∣tion whereof, had produced that cloud of 1000 Witnes∣ses: after that if he could have convinced the Petitio∣ners, and had judged the Indictment valid, whereof the Witnesses had been prict, not by the Attorney Royal, but by the Gray Fryer, then he should have consulted with his Assistant, and made the new decretal Orders against the Petitioners, and have caused them to be sig∣nified unto them, to obliged them to appear, put in their defence, and abide the confrontation of the Witnesses against them, and thereupon to re-examine the Witnes∣ses, and confront them effectually against them that ap∣peared, and by supposition against those who made de∣fault: but, for certain, there was nothing done of all this, but he stuck to his first Decrees, though they were an∣nulled by your Majesties Order of the 24. of October, as well as the Information taken by the Lord Chammelis, upon which his Judgement was made; and this is the sorry foundation on which he hath built and taken ad∣vantage

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of your Petitioners as contumacious, because they would not appear upon his first Decrees, and with∣out citing them by Writ according to use, and without re-examination of Witnesses, he condemned them by his Judgment.

As for what concerns the Lord D'Ollon he appeared before him, made his Defence as he was required, which was also taken only two days before the said Judgment, he still declaring that he was ready to abide the con∣frontation of the Witnesses, if any of them could give in any charge against him.

It cannot be pretended that he was wanting in any thing, but on the contrary he would have been well pleased that the said Witnesses had been presented to him, because he could easily have excepted against them, and have convinced them to have been them∣selves guilty of all the Disorder; neither would any other proof have been needed against them than the In∣dictment brought against them at the beginning, at the request of the Petitioner; wherein it was by 60 unre∣provable Witnesses, That those who were last examined, who insisted on any charge, were they who executed the Conspiracy against the Assembly of the Synod, where your Petitioners were Assaulted, Wounded, Murdered, Massacred, dragg'd by the hair, left for dead, the Mo∣ney they had about them rob'd from them, and their Hats, Swords, Belts and Coats, and the rest of their Cloaths torn in pieces, and many of their Houses bro∣ken up and plundered, and all this at the sound of the Alarm Bell, and with a continual cry of Harlau, Har∣lau against the Hugonets, which is the word to raise Se∣dition. Nor can any Comparison be made betwixt these two Informations, because the former was made accor∣ding to all the forms of Law, and was confirmed and authorized by your Majesties Order, of the 24 of Octo∣ber,

Page 15

whereas this latter is a pure recrimination, and ab∣solutely null, in that it was made contrary to all Judi∣cial Order: and it is to be considered that the Catholicks who were summoned at first upon the former Informati∣on and did personally appear, knowing that they were convicted of Violence and Robbery, did acknowledge one part of their Charge, That they had entred into the Houses of the Protestants, and taken some of their Goods, believing that it was allowed them, and that the Plunder had been given the Catholicks; and this notwithstanding, by the Judgment of the Lord Bouchu, they were purely and simply dismissed and discharged from the Court and Sute, without condemning them to the Restitution of what they had Robbed.

This Judgment wherein he took to him no Assistant of the Protestant Religion, can therefore neither subsist in form and matter, being it is against all Rules of Legal Proceedings, and against Justice, which cannot allow that the Guilty, convicted both by their own confessi∣ons and good proofs, whereunto they have nothing to object, whereon they have joyned Issue, should be sent away absolved, and the Gentlemen who had always li∣ved in Peace, and with all Sweetness and Moderation in the Country, without being ever accused of the least Violence, and who, on all occasions when they were cal∣led to your Majesties Service, have behaved themselves according to their Duty; and finally, who have by the same Information proved by 60 unreprovable Witnesses, that they have no hand, nor were any partakers of the Sedition in Question, but only as they were the sad and unhappy objects thereof, who suffered therein all imaginable Outrages and Indignities, and yet are con∣demned in great penalties, as some great and criminal Offenders, and threatned to be deprived as seditious persons, of that which is more dear unto them than

Page 16

their Lives, to wit, the Liberty of their Conscience, and Exercise of their Religion in their Churches.

This Judgement is not at all difinitive, for if it had been given in Parliament, or in some Soveraign Court, the Petitioners, who are condemned as contumatious, would always, or for five years at least, have liberty to appear, make their defence, and submit to Confrontati∣ons; and it is certain, That their appearance only would annul the Sentence of their Condemnation, their de∣faults and contumacy. But they most humbly pray your Majesty, that they may not be constrained to appear before the Lord Bouchu, and to acknowledge him for their Soveraign Judge, after so irregular and unjust pro∣ceeding, as he hath used in the said Indictment and Judgement upon the whole Sute: They require not to be dismissed and absolved, upon what they report of their Innocency, nor that they should be condemned upon their simple Affirmation whom they accuse, to have conspired to Massacre them, and to have exercised a∣gainst them the cruelties and robberies, which have been above declared, all this appears in the consideration of the Cause: There are two Informations, The one taken upon your Petitioners complaint and request, in which there is no defect, and your Majesty hath judged it good and valid, by your Sentence of the four and twentieth of October, and, as for the other it is Null by the rea∣sons related above, which are of much greater force than those whereby your Majesty was induced to vacate and reject, by the firm Sentence which the Lord Chau∣melis had made, in that besides the recrimination which is common to both the Indictment in hand, had for its foundation an abusive monitory citation, obtained by a Criminal Monk, and without making your Majesties Attorney party thereunto, who alone had power to prosecute the Information upon the Process and to pro∣duce

Page 17

the Witnesses, and who would not have taken the way of a monitory citation, in a matter wherein it can never be allowed, in regard it is not possible to have justice against a Sedition, if means be given to the Sedi∣tious to prevent themselves, and to be Witnesses in their own Cause, and for their own justification; and for the Lord Bouchu without doubt cannot be disposed to con∣demn and reject that which he hath already approved, and other Judges will make great difficulty to do it, your Majesty is most humbly besought, to pass Sentence, as you have already done of the nullity of the Informa∣tion of the Lord Chaumelis, and to give them other Judg∣es, such as are not suspected of partiality against your Petitioners, both to determine on the first Information, and to take others if they judge it needful, and to make an end of sitting this Process, for Re-hearing.

This considered, Great Sir, and the Importance of the affair, whereon there is question of doing Justice, on a Sedition of this nature and quality, for securing the repose and tranquility of the Country: May it please your Majesty, without insisting on the Ordinance of the Lord Bo chu, of the nineteenth of August 1667. and all that which is don and ensued thereupon, to send back unto some Royal Court of the Province of Burgundy, other than that of Avalon, the Instruction, Issue and Judgement of this Sute; and to Ordain, That to this end the first information taken by the Lord Guijon and Rey de morande his Assistant, be brought thither viewed, and determined, and a new one taken thereon, if it be necessary, by good Witnesses to be produced, by your Majesties Attorny of the said Court, on whose in∣formation and instance, and not of any other, the said Judgement may be wholy made, an Assistant of the Reformed Religion, being Assumed to him therein, ac∣cording to the Edict at Nants, and the said Order of

Page 18

the 24 of October, all without prejudice to an Appeal to one of the Chambers of the Edict, unless your Maje∣jesty will rather be pleased to assume the cause, and give Judgment therein you self.

And your Petitioners shall continue their Prayers un∣to God for your Majesties Health and Prosperity.

But this Petition avail'd nothing for redress of these Grievan∣ces complained of by the Protestants.

Finis.
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