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the date on which this present edict shall be published and registered in our courts within the jurisdiction of their residence, they shall acquire, for themselves and children, all the rights and privileges resulting from lawful wedlock, to be reckoned from the day of this union, of which they shall bring proof, and declare the number, age, and sex of their children.
XXII. The said husbands and wives, with four witnesses, shall go before the minister, or the king's judge, where they reside, and make their declaration of marriage, which they shall be obliged to repeat in the same form before the minister or the judge of the district which they have quitted the residence of within six months, if in the same diocese; or within a year if in a different one.
XXIII. In case the said parties should be under age at the time of the said declaration, they shall bring with them, in writing, the consent of their fathers, mothers, guardians, or trustees, which the minister, or judge, shall be obliged to mention in the register where he enters the marriage; and the said proceedings shall be inserted in the same registers with the declarations of marriages newly contracted, under the penalties declared in the XXth article hereinbefore written.
XXIV. Should any disputes arise with respect to marriages contracted or declared in the forms above described, they shall first be heard by our bailiffs and seneschals duly appointed, and by no others, allowing to the party dissatisfied the right of appeal to our courts of parliament and inferior councils, and reserving to ourselves, furthermore, the power of regulating, as we shall see cause, the civil effects of unions contracted by such of our subjects, or foreigners residing in our kingdom, not being Catholics, as are dead.
XXV. The births of the children of our non-catholic subjects, married according to the forms prescribed by our present ediet, shall be verified, either by their being baptised, if brought to church for that purpose, or by the father and two witnesses residing in the place, or in his absence four witnesses also living in the same parish, going before the judge of the place and saying they are desired by the mother to declare that the child is born, has been baptized, and has received a name.
If the parents of the child be of a sect which does not acknowledge the necessity of baptism ; in that case those who carry it shall declare the birth of the child, the sect in which it was born, and show that the father and mother have been married according to the form prcseribed by this present edict.
XXVI. The said declaration shall be entered in the register and duplicate designed for this purposes ;, signed by the father, if present, and able to sign; the witnesses ; and the judge : and the game forms shall likewise be observed as are laid down by our ordinances, edicts, and declarations, with respect to the baptism of children born of Catholic parents, upon pain of the whole being null and void.
XXVII. In case of the death of any of our subjects, or foreigners residing or travelling in our dominions, to whom the rites of ecclesiastical burial cannot be granted, the mayors, aldermen, and other chief officers of towns, boroughs, and villages, are hereby ordered and required to appropriate a proper piece of ground for interment in each of the said places; and we do charge our proctors or attorneys who have the management of our affairs in the said places, as also the stewards of our lords of manors, to see that the pieces of ground intended for the said interments be properly fenced out, in the same manner as the cemeteries of our Çatholic subjects are, or ought to be.
XXVIII. All declarations of death shall be made by the two nearest relations or neighbours of the deceased; and in their default, by our proctor, or the steward of the chief lord in whose manor the demise happened, who shall be accompanied by two witnesses; and the said declaration may be made, either before the minister of the parish, or the judge, who shall receive the same and make entry thereof, the said minister in the common register of deaths, and the judge in the register intended for this purpose, of which mention will hereinafter be made; and the said declaration shall be signed by him before whom it was made, and the relations or neighbours who attended; or, in default, by our proctor, or the lord. of the manor's steward, and the two accompanying witnesses,
XXIX. If the relations or neighbours of the person deceased. prefer having the declaration of death inserted in the parish register, they shall give notice of it to the judge of the place, who will name a deputy to attend the burial, if he cannot be present himself; and in all cases the declaration of death shall be signed by the deputy or officer of justice who was at the interment.
XXX. The corpse of no one, to whom the service of the Catholic Church is refused, shall be placed before the door of the house, as is the custom with regard to those who die in the established religion. The relations and friends of the person deceased may accompany the funeral, but shall not be allowed to sing or read prayers aloud ;, and we forbid all our subjects to cause or excite any tumult, insult, or scandal, on account of the said funerals, upon pain of being punished as disturbers of the public peace.
XXXI. The better to carry into execution our present edict, there shall be kept, in the principal court of justice in all towns, boroughs, and villages, of our kingdom, where there is a likelihood of the beforementioned declarations being made, two registers, the one of stamped paper, in those places where it is customary, and the other of common paper, in order to enter therein the said declarations; and also for the chief clerk or registrar of the said court to give abstracts to those who require them, in the same manner as is done with regard to the registers of baptisms, marriages, and deaths, kept by the ministers of parishes; and the paper for the said registers shall be furnished by the inhabitants of the said towns, boroughs, and villages.
XXXII. The leaves of the said registers, properly ruled from beginning to end, by the first officer of the said court, (free of expense,) with an alphabet to command the whole, shall be deposited among the records of the said court, and the chief clerk be obliged to produce it when required. The declarations of births, marriages, and deaths, mentioned in the present edict, and in the form hereinbefore described, shall be inserted therein one after another, and without any blanks; and at the end of each year, the said registers shall be closed and adjusted by the judge, directly after the last entry therein made, and such leaves as are not used shall be barred with lines across by him.
XXXIII. Within six weeks after the end of each year, the said register or its duplicate shall be deposited among the records of the bailiwick or lordship, lying within the jurisdiction of our courts, to which the said justices may be able to have recourse ; and copies shall be sent by the proctors of the said tribunals to our attorney-general in the court where he attends, who shall place the same among the rolls of the said court; and those, who wish to have extracts from the said registers, may apply, either to the register office of the parish, to that of the bailiwick or lordship, or to that of the court where any of the said registers are deposited.
XXXIV. The chief clerks of our bailiwicks and lordships, properly appointed in our courts, shall also have a register bound, and properly ruled from beginning to end, by the principal officer, with an alphabet to command the whole, in order to enter therein, one after another, and without leaving any spaces between, the dispensations of consanguinity, or publications of banns, which the said clerk has granted, together with those issued out of our chancery, and directed to the said judges to that effect. This register may serve for more than one year; but at the end of each, and not later than the first of January in the following year, it shall be closed and adjusted by the said judge.
XXXV. The parties obtaining the said dispensations shall likewise be obliged to have them examined, within three days at most, at the comptroller's office within the said district, for which they shall pay the comptroller ten sols ;' but no duty or other per-,
1 5d. sterling.
quisite for our benefit shall be laid on the declarations of births, marriages, or deaths, nor on the extracts from the registers, publications of banns, or certificates of the same; from which we have expressly excused, and do excuse, our subjects, as well as those foreigners who shall be parties in the said declarations, or to whom the said extracts are necessary.
XXXVI. No rector, vicar, curate, or other officer beforementioned, shall, for any of these acts, receive more than the sum ordered in the table annexed.
XXXVII. It is to be understood, that nothing in this our present edict shall repeal any grant made by us, or the kings our predecessors, to the Lutherans of Alsace, or to any other of our subjects, to whom, in some provinces, or towns of our kingdom, permission has been given to exercise a religion different from the Roman Catholic; with regard to whom the former regulations shall continue. AND WE DO HEREBY command our trusty and well-beloved counsellors who compose the parliament of Paris, that they register the same; and the said edict keep, observe, and execute, according to its true intent and meaning, any thing to the contrary notwithstanding: For this is our will and pleasure ; and the better to give force and stability thereto, we have caused it to be sealed with our seal. Given at Versailles, in the month of November, in the year of grace 1787, and the 14th of our reigo.
Table of Fees annexed to the Edict.
(In sterling Money.)
£. s. d. For publishing banns, whether three times, or the parties have obtained a dispensation for one or two publica
0 2 6 tions, and the consent commonly called “ Lettre de
recedo.” For a declaration of marriage
O] 3 For ditto of decease
OO 5 For every extract of marriage or decease, the same as
paid for the extracts of baptism, marriage, and burial of Roman Catholics.
To OFFICERS of the King's Courts. To the officer who publishes the baons
0 1 8 To the clerk for posting it up and a certificate of publication 0 1 1 VOL. XV.
NO. XXIX. P
£. s. d. To the judge for signing the certificate if required O O 10 To ditto for a certificate to the second parish of the pub
lication, &c. when the contracting parties have differ- S01 8
ent residences To the clerk for drawing a fair copy
0 0 10 For a declaration of marriage
0 2 6 For ditto of birth
0 0 10 For ditto of decease
0 0 10
FOR DISPENSATIONS of CONSANGUINITY. To the judge
0 2 6 To the clerk
0 1 3
TO OFFICERS of OTHER COURTS.
01 To the clerk
01 S FOR A CERTIFICATE TO THE SECOND PARISH. To the judge
O O 10 To the clerk
оо 5 FOR A DECLARATION of MARRIAGE. To the judge
01 8 For a declaration of birth
0 0 71 For ditto of decease
0 0 71 For the written instruments which they shall deliver оо 5