1. Legislating Tolerance

1.
Legislating Tolerance

Henry IV, Edict of Nantes (1598)

The promulgation of the Edict of Nantes in 1598 by King Henry IV (r. 1589–1610) marked the end of the French Wars of Religion by recognizing French Protestants as a legally protected religious minority. Drawing largely on earlier edicts of pacification, the Edict of Nantes was composed of ninety-two general articles, fifty-six secret articles, and two royal warrants. The two series of articles represented the edict proper and were registered by the highest courts of law in the realm (parlements). The following excerpts from the general articles reveal the triumph of political concerns over religious conformity on the one hand, and the limitations of religious tolerance in early modern France on the other.

Modernized English text adapted from Edmund Everard, The Great Pressures and Grievances of the Protestants in France (London, 1681), 1–5, 10, 14, 16.

Henry, by the grace of God, King of France, and Navarre, to all present, and to come, greeting. Among the infinite mercies that it has pleased God to bestow upon us, that most signal and remarkable is, his having given us power and strength not to yield to the dreadful troubles, confusions, and disorders, which were found at our coming to this kingdom, divided into so many parties and factions, that the most legitimate was almost the least, enabling us with constancy in such manner to oppose the storm, as in the end to surmount it, now reaching a part of safety and repose for this state . . . For the general difference among our good subjects, and the particular evils of the soundest parts of the state, we judged might be easily cured, after the principal cause (the continuation of civil war) was taken away. In which having, by the blessing of God, well and happily succeeded, all hostility and wars through the kingdom being now ceased, we hope that we will succeed equally well in other matters remaining to be settled, and that by this means we shall arrive at the establishment of a good peace, with tranquility and rest. . . . Among our said affairs . . . one of the principal has been the complaints we have received from many of our Catholic provinces and cities, that the exercise of the Catholic religion was not universally re-established, as is provided by edicts or statutes heretofore made for the pacification of the troubles arising from religion; as well as the supplications and remonstrances which have been made to us by our subjects of the Reformed religion, regarding both the non-fulfillment of what has been granted by the said former laws, and that which they desired to be added for the exercise of their religion, the liberty of their consciences and the security of their persons and fortunes; presuming to have just reasons for desiring some enlargement of articles, as not being without great apprehensions, because their ruin has been the principal pretext and original foundation of the late wars, troubles, and commotions. Now not to burden us with too much business at once, as also that the fury of war was not compatible with the establishment of laws, however good they might be, we have hitherto deferred from time to time giving remedy herein. But now that it has pleased God to give us a beginning of enjoying some rest, we think we cannot employ ourself better than to apply to that which may tend to the glory and service of His holy name, and to provide that He may be adored and prayed unto by all our subjects: and if it has not yet pleased Him to permit it to be in one and the same form of religion, that it may at the least be with one and the same intention, and with such rules that may prevent among them all troubles and tumults. . . . For this cause, we have upon the whole judged it necessary to give to all our said subjects one general law, clear, pure, and absolute, by which they shall be regulated in all differences which have heretofore risen among them, or may hereafter rise, wherewith the one and other may be contented, being framed according as the time requires: and having had no other regard in this deliberation than solely the zeal we have to the service of God, praying that He would from this time forward render to all our subjects a durable and established peace. . . . We have by this edict or statute perpetual and irrevocable said, declared, and ordained, saying, declaring, and ordaining;

That the memory of all things passed on the one part and the other, since the beginning of the month of March 1585 until our coming to the crown, and also during the other preceding troubles, and the occasion of the same, shall remain extinguished and suppressed, as things that had never been. . . .

We prohibit to all our subjects of whatever state and condition they be, to renew the memory thereof, to attack, resent, injure, or provoke one another by reproaches for what is past, under any pretext or cause whatsoever, by disputing, contesting, quarrelling, reviling, or offending by factious words; but to contain themselves, and live peaceably together as brethren, friends, and fellow-citizens, upon penalty for acting to the contrary, to be punished for breakers of peace, and disturbers of the public quiet.

We ordain, that the Catholic religion shall be restored and re-established in all places, and quarters of this kingdom and country under our obedience, and where the exercise of the same has been interrupted, to be there again, peaceably and freely exercised without any trouble or impediment. . . .

And not to leave any occasion of trouble and difference among our subjects, we have permitted and do permit to those of the Reformed religion, to live and dwell in all the cities and places of this our kingdom and countries under our obedience, without being inquired after, vexed, molested, or compelled to do any thing in religion, contrary to their conscience. . . .

We permit also to those of the said religion to hold, and continue the exercise of the same in all the cities and places under our obedience, where it was by them established and made public at several different times, in the year 1586, and in 1597.

In like manner the said exercise may be established, and re-established in all the cities and places where it has been established or ought to be by the Statute of Pacification, made in the year 1577 . . .

We prohibit most expressly to all those of the said religion, to hold any exercise of it . . . except in places permitted and granted in the present edict. As also not to exercise the said religion in our court, nor in our territories and countries beyond the mountains, nor in our city of Paris, nor within five leagues of the said city. . . .

We prohibit all preachers, readers, and others who speak in public, to use any words, discourse, or propositions tending to excite the people to sedition; and we enjoin them to contain and comport themselves modestly, and to say nothing which shall not be for the instruction and edification of the listeners, and maintaining the peace and tranquility established by us in our said kingdom. . . .

They [French Protestants] shall also be obliged to keep and observe the festivals of the Catholic Church, and shall not on the same days work, sell, or keep open shop, nor likewise the artisans shall not work out of their shops, in their chambers or houses privately on the said festivals, and other days forbidden, of any trade, the noise whereof may be heard outside by those that pass by, or by the neighbors. . . .

We ordain, that there shall not be made any difference or distinction upon the account of the said religion, in receiving scholars to be instructed in the universities, colleges, or schools, nor of the sick or poor into hospitals, sick houses or public almshouses. . . .

We will and ordain, that all those of the Reformed religion, and others who have followed their party, of whatever state, quality or condition they be, shall be obliged and constrained by all due and reasonable ways, and under the penalties contained in the said edict or statute relating thereunto, to pay tithes to the curates, and other ecclesiastics, and to all others to whom they shall appertain. . . .

To the end to re-unite so much the better the minds and good will of our subjects, as is our intention, and to take away all complaints for the future; we declare all those who make or shall make profession of the said Reformed religion, to be capable of holding and exercising all estates, dignities, offices, and public charges whatsoever. . . .

We declare all sentences, judgments, procedures, seizures, sales, and decrees made and given against those of the Reformed religion, as well living as dead, from the death of the deceased King Henry the Second our most honored Lord and father in law, upon the occasion of the said religion, tumults and troubles since happening, as also the execution of the same judgments and decrees, from henceforward canceled, revoked, and annulled. . . .

Those also of the said religion shall depart and desist henceforward from all practices, negotiations, and intelligences, as well within or without our kingdom; and the said assemblies and councils established within the provinces, shall readily separate, and also all the leagues and associations made or to be made under any pretext, to the prejudice of our present edict, shall be cancelled and annulled, . . . prohibiting most expressly to all our subjects to make henceforth any assessments or levies of money, fortifications, enrollments of men, congregations and assemblies of other than such as are permitted by our present edict, and without arms. . . .

We give in command to the people of our said courts of parlement, chambers of our courts, and courts of our aids, bailiffs, chief-justices, provosts and other of our justices and officers to whom it appertains, and to their lieutenants, that they cause to be read, published, and registered this present edict and ordinance in their courts and jurisdictions, and the same keep punctually, and the contents of the same to cause to be enjoined and used fully and peaceably to all those to whom it shall belong, ceasing and making to cease all troubles and obstructions to the contrary, for such is our pleasure: and in witness hereof we have signed these presents with our own hand; and to the end to make it a thing firm and stable for ever, we have caused to put and endorse our seal to the same. Given at Nantes in the month of April in the year of Grace 1598, and of our reign the ninth.

Signed

HENRY

DISCUSSION QUESTIONS

  1. What are the edict’s principal objectives?

    Question

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    What are the edict’s principal objectives?
  2. In what ways does the edict balance the demands of both French Catholics and Protestants?

    Question

    ASX8R0tWMteBxpuoeLK7p13U71UWciC6YPiaqt+uHf5IOxdzy26+YMQ3ns1/O+Kc2gomB6zLKBpt9CprMKI9e3/xKWMcOf+XxGeOKrnU6umjW2rNbLVAj2BvqVMCyVCPwvabUG3IBe6Hw3nXWWOjmf7vwVjAoVi2DQhGk1KlXaa5c8Pl
    In what ways does the edict balance the demands of both French Catholics and Protestants?
  3. What limits does the edict place on Protestants’ religious rights?

    Question

    PRQGnegBNT4dpfbof46hdHMpOUd5WqC3HqXsczGJ/VMt7HJEFkmyX6F4xPiviIP/haLryDWKoBITqpkIyqGmfxBzMRcp1lg3WrcO91Sp5Lri14bNK96h0upMUmwCo0tGr4VrB2zH8yNnFjSRg0QYLg==
    What limits does the edict place on Protestants’ religious rights?
  4. Did Henry IV regard this edict as a permanent solution to the religious divisions in the realm? Why or why not?

    Question

    KT2e7wYLsVxhDWSYAi1MSC2fN2uTOHln7HZ2F9oXZV/06UlSKDflDrWUkkaK3dWJ9ZJyCIbHgssdEuFBkYhaXboPs2uAME6Ovb6D1AeiNRoK61+4a57GPBOcQuECz5/lsL9TXmV77eSpVeuN5zid40ckKRMqUGbsEefkuPKM5dkTdar2HfXVfds9jTcvoH8yKM146CiAh2TVC5tB
    Did Henry IV regard this edict as a permanent solution to the religious divisions in the realm? Why or why not?