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A68967 The ioyfull entrie of the Dukedome of Brabant & the articles agreed vpon, and graunted by their lordes, and confirmed by the Emperour Charles the Fifte, and solemnely sworne by Philippe his sonne King of Spaine. Anno 1549. Set foorth to the viewe of al louers of the trueth, who openly may see therein, how the same in no wise is perfourmed, (the Lord in his mercie emende it) but to the contrary, in place of getting and preseruing of priuiledges and liberties, they are through the inspiration of the Pope and his allyed, with all crueltie and tyrannie, broken, taken away, & totally voyd. Printed at Delft in Dutch, and Englished by R.V.S. 1581.; Treaties, etc. Brabant (Duchy), 1549-07-05 Holy Roman Empire. Emperor (1519-1556 : Charles V); Cuba. Fuerzas Armadas Revolucionarias.; Brabant (Duchy). Treaties, etc. Holy Roman Empire, 1549-07-05.; Spain. Sovereign (1556-1598 : Philip II) 1581 (1581) STC 3472; ESTC S121961 16,003 42

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The Ioyfull entrie of the Dukedome of Brabant the Articles agreed vpon and graunted by their Lordes and confirmed by the Emperour Charles the Fifte and solemnely Sworne by Philippe his sonne King of Spaine Anno 1549. Set foorth to the viewe of al louers of the trueth who openly may see therein how the same in no wise is perfourmed the Lord in his mercie amende it but to the contrary in place of getting and preseruing of Priuiledges and liberties they are through the inspiration of the Pope and his allyed with all crueltie and Tyrannie broken taken away totally voyd Printed at Delft in Dutch and Englished by R. V. S. 1581. PRINTED AT LONDON BY RObert VValdegraue dwelling without Temple-bar neere vnto Sommerset-House ¶ The establishing of the King of Spaine in gouernment of the Lowe countreys vppon those Articles following to the which he is most solemply sworne CHarles by the grace of God Emperour of Rome alwaies augmenting of y e Empire King of Germanie of Castille of Leon of Grenade of Arragon of Nauarre of Naples of Sicille of Maiorque of Sardaine the Isles of Indies and fast lande of the Occean seas Archduke of Austria Duke of Borgundie of Letricke of Brabant of Limbourgh Luxenbourg and of Shelre Earle of Flanders of Artoys of Borgoingne Palatine and of Haynolde of Holland and Zealand of Ferrette of Haguenault of Namur and of Zutphen Prince of Swaue Marquis of the holye Empire Lorde of Freesland of Salins and of Mechlen of the Citie Cities and Landes of Vtreht Oueryssel and of Groening Dominator in Asia and Affricke And we Philip by the same grace prince of Spaine of both the Secillies of Ierusalem c. Lord of Hubsburgh of Flanders c. To al them y t shal see these presents gretings Forasmuch to shew and declare the better our inheritant lāds on this side y e good and true subiectes therof the vpright loue fauour and affection which we Emperors alwayes haue borne and yet are bearing Not requiring but that which is and concerneth their commō welfaring rest peace and assuraunce We haue sent for and caused to come ouer our welbeloued prince of Spaine to the intent that hee him selfe shoulde see examine visite and knowe the said our heritable landes of the Low countreys proceeded of succession and likewise shewe vnto the subiectes thereof the good and special true loue and effection which he beareth vnto them To the intent they shuld be more enclined affectioned and to bee bounde to remaine and for the same certaine other speciall reasons haue we resolued and concludteh him to be receiued helde and sworne by the States and members of all our saide heritable landes and among others by the Prelates Nobles foure chiefe Cities of this our Dukedome and countreys of Brabant for their naturall and chiefest Prince and Lorde for him his heires and successors to bee occupied after our discease the said our Dukedome and countreys of Brabant with his appurtenances as iust and lawfull Lorde thereof All which we haue caused to be proposed and declared to the aforesaid three States of Brabant in our presence and in the presence of our welbeloued sister and Aunte of our Prince lady Marie Queene Dawgieresse of Hungarie of Boheme c. In our absence Regent and gouernour of our said heritable landes And that our will and intention hath beene and is yet that our saide sonne the Prince as our only heire to come likewise do graunt promise and sweare the ioyfull income after the olde order and custome But because that in the ioyfull income which we and our forefathers haue sworne are in some points and matters already done and totally perfourmed others which are not to bee perfourmed nor reasonably for the common wealth and quietnesse of the same countrey And considering that our said sonne thinkes and doeth require all that which hee shall graunt promise sweare vnto them pointly to obserue and perfourme So haue we caused to be made communicacion with the aforesaide three States of Brabant for to haue our ioyful incomming to be seene ouer and visited because that they them selues might consider al that which oughte therein to be moderated and variated And for to refourme the articles which shoulde bee found not to be obseruable nor mainteined According to which ther had bene kept diuers communicacions and assemblings together so that finally after diuers delayings aduisements opinions reports respectiuely made one to another they haue in that behalfe consented and willed them selues according to y e acte hereupon made signed by them And also we Prince hauing sure and well vnderstanded the aforesayde ioyfull income of our Lorde and Father and likewise the adioyned letters and additions thereof with also the other adioyned letters and graunts of the sayd our grandfather mentioned in the last article of our aforesaid ioyful income being truely translated and sette ouer in the Spanish tongue and likewise also the vocation and moderation therof that which therunto is set by according to the contention of the aforesaid acte willing and requesting according to the good pleasure of our said Lord and Father the common countrey of Brabant and the good people inhabitantes and subiects therof their rights priuileges freedomes customes vsances and old proceedings obserue and perfourme especially considered the great and manifolde seruices fauours and fidelitie by them at diuers times done and shewed to our forefathers Dukes and Ducesses of Brabant of disceased memorie and among others to our remembred Lorde the Emperour our Lord and father as true subiects ought to do to their Lords And as we trust that they likewise will do to vs hereafter So we haue the will and knowledge of our sayde Lorde and Father in this our receiuing and holding within the Citie of Louaine and with our good knowledge and will also graunted giuen and consented graunt giue and consente search priuileges poyntes and fastnesse of rights as here do followe promising and swearing vnto them for vs our heyres and successours after the discease of our sayde Lorde and father whome God almightie graunt a good long prosperous life feruent and stedfastly to obserue and mainteine and cause to bee obserued and mainteined without breaking interruption for euer and euer 1 That wee shall bee the good and true Lordes and shall not do nor suffer to bee done to them any force and wil in any wise and that we shal not meddle our selues nor suffer to be medled with the forraine lawes and iudgements But that we shall vse and cause to be vsed al our Prelates almeshouses Banrotches Noble and good people and subiectes of our Cities and Townes of the Country of Brabant and Ouermaze vse cause to be vsed in al matters with iudgement and with lawe according to the lawes of the Cities and Benches whereas the same ought to be done and shal appertaine And y t the Iudges of our said Country shal be bound to keepe their terme times
of law without any meanes of prolongations by any their doings or procurement Reserued that the foresaide Iudges may prolong their termes of Lordships once no more 2 Item that the preuiledges and charters belonging to the sayde countreys and good people which they haue at this presēt herafter shal or may get in their countreys behalfe shal remaine in the Castle of V●uoorde in the keeping of an honest worshipfull and well quallified man borne and resident in Brabant therunto by the prince committed or to be committed Reserued that the same Commissionor shall besworn by the Prince in the presence of the States or their Deputies whereunto the Prealates and Nobilitie haue appoynted two Prelates and two Noble men which the layde Prince or his Deputie shal commodiously finde at the time when as the sayde Commissioner shall do his othe And shall the thirde estate to wit the foure chiefe cities thereunto being required by y e prince apoint one out of euery chiefe citie which shall bee called thereunto for to be likewise by the swearing of the same othe which othe shall be and shall conteine to bee good and true to the saide Prince and not to alienate nor variate change nor hide the same charters and priuileges by him selfe nor any others in any wise And that the saide Commissioner shall giue ouer and deliuer to the States a generall Inuentary of the priuiledges and charters belonging to the said countrie and good people of Brabant which shall be made by the sayd Commissioner keeper in the presence of the Chancellor of Brabant so extendeth that euery one of the States may knowe thereby that which concerned and belonged vnto them for to be kept by the said States into their coffer to deliuer to no man in perticular the copie But the same States and euery of them and of the foure chiefest cities at their request and by order of the saide Chancellour shall haue the sight thereof Moreouer that the saide keeper of the charters shall be bounde being thereunto required by the said States or any of them to giue the sight and copie auctentyke of such originall letters as the same States Citie or Cities or any of them shall require and haue neede of and that by order of the saide Prince or his Counsell of Brabrant 3 Item that we shall neuer bynde our selfe as Duke of Brabant and countie of Limborch and for the matters of the Lordshippes of the same countries for to make warres nor lay to gage nor cause for to be done vpon any of them except it be by the counsell and wil of our cities and Countrie of Brabant and that wee shall not scale nor promise other matters wherewithall our countreys limittes or cities or any of them of the sayd countries or the lawes lyberties priuileges shalbe interrupted or diminished wherewithal our countreys and subiectes thereof might be put to charges or losse in any wise 4 Item that we shall take vpon vs the tytle and armes of Lotrycke of Brabant of Limbourgh and Marquis of the holy Empire as it appertayneth and that wee shall cause to be made and gathered a seale according to the saide Title and armes with a speciall marke different of our other seale which wee shall nor may cause to be altered or any others to make or cause to be counterfeited thereafter neyther will nor consent therunto in any wise except it were for reasonble causes which we shoulde then do by the consent of their States of the said countrie of Brabant which seale shall alwayes remaine in the saide countie of Brabrant and not be caried thereout and therewithall shall be sealed al the matters belonging to our saide countie of Brabant and Ouermaze and the subiectes thereof and none others and that the letters therof shal be made by one of our Secretaries that shal be ordeyned for the matters of Brabant 5 Item that we shall entertayne seuen worshipfull persons whereof the one shalbe Chancellour and sealer bound within our saide countrie of Brabant speaking three languages scilicet Latin Frenche and Dutch which shall keepe our saide seale and the fore borne resident and inherited in our saide countrie of Brabant and that doe possesse of themselues or by mariage in our said countrie of Brabant Barronnies and the other two of our part of our counsell as we shal thinke best vnderstanding dutch w t which seuen and others thereunto nowe ordeined them that shal please vs hereafter to the saide counsell to ordeine wee or our gouernoure or gouernaunt generall shall cause to meddle and doe all the matters of the same Countries the inhabitants therof concerning Iustice and all that is thereunto depending It be of Prouisions ordinaries of Iustice of statutes placeats edictes ordinances commaundements or others by counsell and aduisement of the same and the aforesaide counsell of Brabant without that there shall bee done any let or impediment nor that they shall stand to the order of any man but of vs our gouernour or gouernant general and al them that shal be ours or our successours Counsellers or secretaries before they shall meddle with office of counsell or offices by such faith fidelitie and othe as they shall haue done to our successoures that they to oure three states in our countries behalfe shall promise and graunte that they shall neuer stande ouer or come by make letters signe seale wherewithal any of our countries Cities Castles people reuennues or Lordships by water or by Land laying on this side or on the other side of the Maze shalbe encombred charged sold alienated giuē away or acquited in any wise except it be by consent and assent of the afore saide three States And if it be found that any of our Counsellers do seale or the secretaries subsigne in their Counsell office and seruice and do so misrule themselues we shall then correct by counsell of the nobilitie and good Citties of our saide countrie of Brabant or the moste part thereof 6 Item that wee henceforth shall take nor mainteine none to our sworne counsell of Brabant except they be good men borne of lawful birth in our countrie of Brabāt and resident within our countrie inherited or possessing barronnies in our saide countrie proceeding of themselues or hauing them gottem by mariage except the two of our counsell which haue the saide Dutche tong 7 Item that we shal set good men of our counsell of Brabant for to keepe a counsell chamber in our behalfe in the place wheras we shall keepe our residence in the saide Country if it did happen vs to be therewith so shal we ordain the same to be kept within the same country in a fit place whiche shall haue full power all men to discharge in our name and that likewise our reckoning chamber shall be kept as it hath bene kepte vntill this time 8 Item that all letters aswell open as closed that shal be granted and sent foorth from hēceforth in our name
out of our counsell of Brabant either if it bee for vs or at the request of parties shall be made dispatched sent in such speech as is spoken in the places whereas they shal be sent vnto 9 Item y t we shal set no Chanceller nor sealer into our Countries of Brabant except he be of lawfull birth born within our Country of Brabant there dwelling inheriting possessing Barronies in our said country of his owne succession or by marriage speaking three languages as aforesaide and being apt for the purpose and profitable to the office and Lande whiche Chancellor shall doe the othe to the same office belonging in our presence and of the three states to the vse of the common countrie after the sort as here before is in one point comprehended concerning the promises which our Counsellers Sealers Secretaryes shall doe to the saide three States And that our Secretary of Brabant and the Clearke of oure freelandes shall be borne in Brabant reserued that we may ordein two secretaries thogh they are not borne in Brabant 10 Item that our Chauncellor men of counsell Secretaries the men of oure chamber of reckoninges in Brabant and Clearks Shirifs Maisters of Warrants masters of Woods and al others that haue any great offices or doinges And likewise also all offices vppon the flat land and also the Burugh masters and Schepens of our Cities and al others that do or administer iustice in our or in our Vasselles name shal sweare vppon the holye Euangelistes that they shall obserue these our ioyfull ent●rye in all pointes forasmuche as it doeth belong to euery one of them without any doinges to the contrary thereof with counsel or deede in any wise 11 Item that they of our Counsell and all other our officers Iustices Burughmasters Schepens men of Counsell men o● free landes our farmers that haue power to aske iudgement and to giue iudgement and likewise that keep offices seruices in our saide Country of Brabant of what offic● ther be none reserued both in cities town● villages shal be sworne Doing their e● that they shall not cause to bee taken an● golde goods gifts nor any kind of things not cause nor suffer to be promised or taken by themselues or by any other for to aduance or to hinder but that they shall do to all men aswell rich as poore Equitie and Iustice without any dissembling Moreouer that they doe not haue respect vppon Burughmasters Schepens Counselles goodes monie giftes nor any manner of seruices good deedes giuen or promised nor offered or cause to be offered giue nor offer nor caused to be offred in their names nor required or praying therefore in any wise and whosoeuer doth to the contrary that in no wise suche neuer shall or may enter in our counsell seruice nor in any lawe or gouernement of our Cities Townes or Villages 12 Item that our Countreys of Lymburgh and beyond the Maze shall remain for euer with our countrey of Brabant And that they neuer shalbe seperated thereof that we likewise shall release and discharge our other countreys of ouer Maze as we shall be able to do and bring them to our countrey of Brabant for to remaine with them without being separated That moreouer to the saide our Countreys of Brabant shall remaine the Earle and Oyen with their appurtenāces and others which are thereof alienated And specially to procure so much that through the aforesayd place of Oyen at this present is out of our hands that notwithstanding the same place bee brought and set agayne into our hands and remaine together as it hath bene before if right may be done And that we our landes and castles of ouer Maze with all their appurtenaunces shall not encomber any more or further then there are encombred at this present time And when they shall come into our hands and power that wee shall then immediatly cause them to bee ashamed with our saide countrey of Brabant without any delay with good sureties on this side of the Maze and to deliuer the houses thereof to our Countreys and the sayde houses and townes to bee inhabited by Brabanders or the same people of the same Countrey and them that shall assure our Countreys so well with good sureties resident on this side of the Maze so that we and our countrey shalbe well assured thereof that they shall not be seperated of the sayd our countreys in no wise And that wee from thencefoorth neuer shall enlarge nor incomber any more the said countreis castles towns of ouer Maze in any wise And that the subieces of our said countreys of ouer Maze shall keepe their lawes and Iustices whereas it shall appertayne according to the vse of the Benches 13 Item that we shal keepe al our subiects and people of our Countreys and Cities and Townes of Brabāt ouer Maze peaceably and quietly in the countreys of Hollande and Zelande and all other Countreys to trauell by water and land free and franke vpon their customes as they were wont to do And that we moreouer shall keepe our saide subiectes and people of our Country Cities and Towns free franke to trauell passe and repasse without any molestation of any debts promises which we or our predecessours might owe and be debuable or haue promised or y t wee might owe and promise hereafter Moreouer we haue confirmed and allowed to our citizens of our Citie of Bolducke and do confirme and allow by these presents such letters as they haue of Duke Iohn of Brabant and Lady Iacob Duchesse in Beyre disceased concerning y t they should be free of custome in Hollande Zealand for their marchandise and we shall command our letters to be made thereof sufficient according to the letters and as the countrey of Gealre that they shall be likewise free of custome passe and repasse in the aforesaid countrie according to y e leters which they haue likewise thereof And if it were so that any of due subiectes by reason of debts or promises of our said prodecessors or of vs should fall in talke that we shal keepe them harmlesse thereof according to the contention of letter thereof written in Wallon 14 Item that we shall keepe open all our free streetes as we ought to do without fraude or guile for euery man to passe and repasse there through paying their custome except of debtes or promises which hee did owe or any forfaytes or offences which might haue offended 15 Item that we shall compell or cause to bee compelled all them that owe oure saide Countreys any wayes bridges or passages through their land and goods and cause them to amende well and sufficiently the same waies bridges and passages from time to time and if that therein were any fault that in such case the chiefe citie where vnder such wayes bridges and passages do lye shall and may doe vppon the coste and charges of him that is bound thereunto And for that intent and for the
pattens al our prelates almsehouses Cloisters Banrotches knights Cities Townes and all other oure subiectes and good people of our Countries of Brabant Ouermaze and all their lawes Liberties Priuiledges Charters Customs Vsanses and olde proceedings of lands which they haue and are giuen graunted and sealed them by our forefathers Dukes and ducesses and also them which they haue vsed hanted and where went to vse and specially the odde letter graunted to the said three states by our said Duke Philip our olde grandfather diseased at his incomming of the date as the letters be of the said incomming Likewise two other letters graunted by the saide our grandfather disceased the one of the date 1451. the 20. daye of April and y e other in the yere 1457. 28. daies in Nouember and likewise the two additions of the ioyful income of the Lorde our father giuen at Ghaunte of the twentie day of April in the yere 1515 after Easter and the other giuen at Bridges the 26. of April in the same yeare and doe giue them generally specially if in case they doe stand to obseruation and are able to be oberused to hold them firme and stabell for euer for vs our heirs successours without breaking or doing or cause to be done to the contrary in any wise 58 Item we do promise them moreouer for vs our heires and successours that wee shall neuer alledge deuise or propose nor cause to be alleaged as that we are not bound deluable to keep obserue the aforesaide liberties lawes Priuiledges Charters Customes vsances and olde vses which when we haue heretofore confirmed ratified in generall because and for that we haue not graunted and promised to them the saide pointes and articles particularly which we will that shall do no hurte hinderance or preiudice to them And because that we will and desire that all the aforesaid pointes articles giftes promises confirmations and assurances shal be kepte and remaine sure and constantly for euer So is it therefore that we haue them altogether generally promised in good faith to all the prelats cloisters and almshouses Barons knights Cities townes and to all our good people and subiectes of the saide Countries of Brabant and Ouermaze to their heires and successors and do promise in good faith and freendly sworne vppon the holye Gospel for vs our heires and successers that after the dissease of our Lorde and father to keepe them fast and stedfastly and there againste neuer to doe or cause to be done nor suffer to be done in any wise And if in case that we our heires and successoures did doe say or vppose here against or caused to bee done by our selfe or others in our name in part or in all in whatsoeuer manner it were So do we in that case consent do wil our prelates barrons knights Cities and townes and al others our said subiectes that they shall do to vs our heires and successours no manner of seruice nor be obedient in no manner of Cases that we neede or that wee might require do request of them vntil the time we shal haue made fullie amendes and left and forsaken immediatly all the matters afore mencioned whereunto we will do discerne and declare that immediatly al our offices doing to the contrary of this my incomming shall be left forsaken and that al henceforth shall or may be attempted shalbe of none effect and shall not be obserued in any wise hereafter And all without fruade or guile In witnes of which things and for perpetuall assurance haue wee Emperour and prince aforesaid caused our seale hereunto to be hanged Giuen in our Citie of Louaine the fift day of Iuly Anno. 1549. of our empire of vs Charles the 30. and of our Realmes of Castile and others 34. Thus subsigned Charles Philippe vnderneath is written By the Emperor the saide Prince signed by the audience and first Secretary Verricken and this Letter was sealed with the seale of the emperor prince in red waxe with gold and black-silke strings And vnderneth was written Collationated and found agreed with the originall By me I. Facuwez FINIS