rest In regard whereof the said Countrie was held for so essential a Member of the Assemblie That the same was not onely summoned by Writ in the year 1579. for the sending of their Deputies together with the other Provinces to contribute their advices and resolutions as well towards the Pacification intended at Cullen as about the good directions of the War Nay even the Lords the States General themselvs and the Archduke Matthias Governor of these Countries have roundly declared it again and again by their Letters that they might nor could not bring things to a Resolution without the advice of the Countrie of Drent and that therefore in default of sending their Deputies or their Advice at least they should bee necessitated to leav the foâ—esaid affairs undon In pursuance of this the Gentrie and Freeholders representing the State of the Countrie or Countie of Drent were solemnly and aequo Jure as Confederates taken and received into the Union of Utrecht April 11 o. 1580. And thereupon they likewise had and enjoied Session and Voice at the Assemblie of the States General negotiating in the several Courts or Colleges of the Generalitie and continued thus until the Countrie to their great grief and without any fault of theirs was rent from the Union for som time through the loss of Groninghen Cororden and Steenwick and subdued by the Enemie The like case happened also to other their neighboring Provinces either totally or in part who notwithstanding the same beeing afterwards reduced again recovered all their former places and privileges Jure postliminil So that in every regard it is more then fitting and reasonable that the Countrie of Drent after their Deliverance and Reduction bee likewise wholly restored unto and repossessed of their former state and condition Which your Hi. Mi. themselvs also have understood thus and clearly manifested in the year 1584. whenas your Hi. Mi. stood in Treatie with the King of France after the death of the Duke of Alencon where not onely in the 3 d Article all the Countrie 's privileges in general and in particular were reserved but likewise by Article 22. the condition made That all the rest of the United Provinces as OverYssell Omlands and Drent which at that time were for the most part oppressed under the power of the Enemie should enjoy the same conditions with the rest as Reidanus doth rehears the same in the fourth book of the Netherlandish histories Which foresaid restitution or restoration ought to have so much the more place here in regard of the offers and promisses which your Hi. Mi. were pleased to make in the years 1602. and 1632. by publick Ordinances in most ample terms even unto such Provinces as are yet under the Spanish Dominion and som whereof had abandoned the Union formerly of their own voluntarie accord Whereas on the Contrarie the Countrie of Drent entered into the said Union of their own free accord and alwaies carried themselvs like faithful Confederates and contributed to the common charges according to nay sufficiently beyond their abilities and hath not deserved in the least to bee frustrated or deprived of their Right Nor can or ought the smalness of the said Countrie or their mean abilities prejudice them ought beeing that notwithstanding the said Considerations they were received into the Union and into the general Assemblie aequo jure so long ago by reason whereof they cannot now in that regard bee rejected It beeing moreover well known that it doth happen but seldom that all Confederated members are alwaies alike able and powerful enjoying nevertheless alike Right of Session and suffrages as wee finde it practised of old in the confederacie between the mightie King of Persia and those of Thebes and by that of the Athaeans and at this very daie in the Covenant and Cantons of Switzerland yea not to go far in these very United Provinces of the Netherlands and their Members and Cities in particular Besides that the said Countrie of Drent is not so small neither or of so little consideration but that in regard of the situation shee is the Keie of 2 or 3 of her neighboring allied Provinces in which the Countries in general are not a little concerned No more can it prejudice the said Countrie that divers and som particular Cities also were admitted into the Union which nevertheless had no Session nor Voice in the general Assemblie There beeing a vast difference betwixt one or more particular Cities of a Province which which were meerly received into the Union without allowing them Session among the States of the Provinces and betwixt an entire formed Countrie or Province such as the Countrie of Drent is which as it was abovementioned had both Session and Voice in the said Assemblie suo jure even before the constituting of the said Union and was afterwards by the rest of the Provinces and Confederates solemnly called and admitted not onely to the Union simply but likewise to the Session and Right of voicing nay and held and acknowledged too for so necessarie a member of the said Assemblie That without them and their Resolutions no final Resolution could bee taken in any point concerning Peace or War or other weightie affairs of the Land by the States General according to their own Declaration Nor are there any considerable Reasons of State which can prejudice the just Right they have what ever was pretended formerly it beeing plain That no better Maximes or Foundations of State can possibly bee found or laid then that vvhich God the onely Autor and Founder of all vvell constituted Governments hath laid himself saying In Justitiâ stabilietur Thronus Regis And that there is nothing more just nor more conformable to the Divine Natural and National Right throughout the Univers then that solemnly contracted Covenants and sworn Confederacies bee Religiously observed and kept And on the contrarie that it is repugnant against all Jura Societatis Foederum that the one shall go about to usur pover the other Even as your Hi. Mi. themselvs do understand it declaring in one of your Resolutions that of Sept. 1. 1592. most worthily That the welfare of the Land in general and of every Province in particular is especially concerned and conversant therein That every one bee mainteined in his proper Rights and Privileges the Arms having been taken up and continued hitherto for that very purpose and that so doing according to the General Union sworn unto by all the Provinces without the least attemt of usurping over or supplanting the one the other God Almightie would doubtless bless the Common Caus and grant it an happie issue and doing contrarie it would certainly multiplie mischiefs and hale on Judgments for the future upon them And least som should pretend and saie that the Countrie of Drent hath been careless and negligent about their Right in this behalf and if not expressly at least tacitly given up the same it is manifest enough that for the recovering of their former state
and divided within themselvs and one from another Then was made the Pacification of Ghendt viz. in the year 1576 whereof the States of Braband were the first and principal Autors on the one side not onely by the Deputies of the Prelates Nobilitie Cities and Members of Braband Flanders Arthois and Henioult but also by particular Cities and Countries of their own accord as by the Cities of Valencien and Dormick the land of Turnetis those of the Cities of Ryssell Douny and Orchies and those of the Citie of Mechelen representing the States of those Provinces Cities and Countries and on the other side by the Deputies autorized by the Prince of Orange the States of Holland and Zealand and their Associates And there was concluded by the parties and Countries aforesaid an Everlasting Firm Peace Confederacie and Union to the end that the Inhabitants of all the Netherlands beeing united together by indissoluble Friendship and Agreement should at all times and upon all occasions assist each other with Counsel Aid Goods and blood and especially for to expel out of these Countries and to keep out of them all Spanish and other forrein souldiers and their adherents and to restore unto them the use of their own Rights Privileges Customs and Liberties According to which the said States compelled the Germane forces to abandon the Cities of Ziericksea Berg op Zome Steenberghen Stolen the Bosch Breda Grave Campen Deventer and made themselvs masters of and demolished the Castles of Utrecht Antwerp and Groninghen But whereas it was found that since the foresaid Pacification the Spaniards with Don John sought all means whereby to reduce the Countries under their slaverie and both by force of arms and practises to divide and dismember the Provinces and to nullifie the Union made by the foresaid Pacification therefore the Nobilitie of the Principalitie of Gelders and Countie of Zutphen the States of Holland Zealand Utrecht and Friezish Omlands betwixt the Ems and Lawers did for the eschewing of further separation among the foresaid Provinces and particular Members thereof enter in a streighter and more particular League Union and Confederacie for ever to remain in all manner and condition as if they were all of them but one Province without ever separating or suffering themselvs to bee separated for any caus whatsoëver engaging themselvs one to another to maintein and protect each other 's special and particular privileges with bodie and goods against all and every one that should make or attemt any actual breach therein and against all forrein powers which should go about to offer them any wrong or violence or make war upon them either in general or particular Which foresaid nearer Union beeing made at Utrecht and published there from the Town-hous Januarie 29 1579 was likewise approved and signed by divers of the Nobilitie Gentrie and Cities which were not qualified for to represent the States of their Provinces as among many others by the Prince of Orange and the Citie of Breda who had their Deputies there at the Assemblie of the States General of the United Netherlands as may bee evidenced by many and divers Writs of Summons and Commissions But within a little while after the said Union was likewise accepted of and entred into in the name and behalf of the States and Provinces of Braband and the same beeing published in a special manner with the Citie of Bosch the said States according to the antient custom sent their Deputies to the Assemblie of the forementioned States General and thereby the foresaid particular Deputation began to surceas But admit the Province of Braband had not accepted of the Union afterwards the Prince of Orange and Citie of Breda c. would undoubtedly have remained particular Members of the said Union and kept their place and voices in the same The Condition of affairs beeing changed truly since the foresaid Prince and his Illustrious Successors have together with the Cities of Berg op Zome and Willemstadt hitherto assisted the said Union with all means possible and constantly adhered thereunto and â—ince the Cities of the Bosch Breda Grave Steenberghen beeing forcibly withdrawn from the Union and reduced under it again by the arms of their Confederates the said Cities ought not therefore contrarie to the express sens of the common Union bee excluded from the same The rather for that the said Cities stand as to this in the same degree with divers others which at present have part and share in the General Government The Illustrious Hous of Nassaw is next God Almightie a principal means of the preservation and recovered Libertie of the United Countries Nor hath any of the foresaid Braband-Cities ever purposely separated from the common Bodie of the United Provinces contrarie to the contract made with them and solemnly confirmed but they were all of them rent away from the same by the Power of the Enemie or the Treacherie of others without any fault of their own nay to their great grief and sorrow and therefore they have no waies merited to bee proscribed or outlawed by the States of the United Provinces so as those of Brug or Bruges and the land Van Vrye were in the year 1584 and those of Venlo in the year 1586. Unto whom nevertheless as well as to the other revolted Provinces and Cities it was offered by the Treatie made not long ago with France That in case any Provinces Cities Princes or Lords came to join themselvs for the establishing of a Peace and their Freedoms the said King and States would take them into protection and Confederacie and make a League with them Offensive and Desensive and in case three or four Cities surrendred themselvs together the same should have power to make a free bodie of State apart The State of Braband were they which together with those of Gelders and Zutphen Holland Zealand Mechelin and Utrecht for the protection and safegard of their mutual and common Rights Privileges and Customs and the freedom of their Native Countries made that solemn Decree of Julie 26 1581 whereby the King of Spain was declared to have forfeited the Sovereigntie of the foresaid Netherlands and ordeined in conformitie to the Union of Utrecht that instead of the King's Seals there should henceforward bee used the Great Seal counter-seal and signet of the States General of the United Provinces in matters touching the Politick administration of justice and other particular affairs in each Province apart there should bee used by the Provincial and other Counsels the Name Title and Seat of the Countries respectively where the matter happen's to bee don and no other all upon pain of all such Letters Judgments or Dispatches Nullitie which shall bee expedited or sealed contrarie to the waie prescribed As the Treatie of the States of Braband Gelderland Flanders Holland and West-Friesland Zealand Zutphen Utrecht Friesland and Mechelin with the king touching the Transportation or surrender of the Soveraigntie the States propounded to the King in the
afterwards of his High s to all the Cities of this Province and lastly of the approbation of the conciliatorie project of July 16. 1650. and other businesses ensued thereupon hath carried himself so honorably honestly sincerely and uprightly according to the orders given him by Us made Us such faithful and true reports from time to time of the advices and considerations of all the Members at the Assemblie of the Province of Holland and West Friesland as also at the Generalitie touching the foresaid subjects both pro and contra according to his ordinarie curious and laborious custom as well by writing as word of mouth as ever could bee don by any wherefore also both himself and his respective fellow-Deputies after reports made of their vigilancie zeal and good endeavors had every time most heartie thanks given them which is now reiterated by these in special manner approving the Zeal and Courage which they have shewed in these matters for the service of the Land declaring withal the contents of the foresaid papers in this regard for untrue injurious and calumnious and that the rest can bee reputed no better promising also therefore to him and his descent and posteritie not onely to hold them guilt-and harm-less of whatsoever might at any time betide them by reason hereof but likewise to repute of any such accident as happening unto our selvs in General and to every one of us in particular and to see the same repaired with all vigor to our utmost and to save and keep him and his free of all charge charges and damages in that behalf under the obligation of our Citie and goods thereof impetrable by any Court or Judicatories Laws and Judges Underneath stood Extracted out of the foresaid Register of the Resolution book and found to agree therewith word for word the daie and year as before Signed by mee M. Ryckaert Secretarie at Medenblyck Declaration of the No. Gr. Mi. Lords the States of Holland and Westfriesland touching the Charge against the six arrested Lords and the Government of Amsterdam THe Knighthood Nobles and Cities of Holland and Westfriesland representing the States of the said Countrie To all those that shall see or hear the reading of these greeting Bee it known That whereas last year 1650 a Deliberation beeing on foot about the receiving a new state of War a Retrenchment of the Land-Charges and other dependences thereof som of the Lords Members of our Assemblie of State by name Jacob de Witte Old-Burgomaster of the Citie of Dort Jan de Wael Burgomaster and Aelbert Ruyl Counsellor Pensionarie of the Citie Haerlem John Duyst van Voorhout old Burgomaster of the Citie of Delft Nunning Keysar Counsellor and Pensionarie of the Citie of Horem and Nicolas Stellingwerf Counsellor and Pensionarie of the Citie of Medenblyck were seized and for a time deteined prisoners in our hous of Loevestein and that all the foresaid Lords as also together with them the Lords Andreas Bicker Lord of Engelenburg and Cornelius Bicker Lord of Swieten the former Old and the latter governing Burgomaster of the Citie of Amsterdam were fain through the practice used then about the foresaid matters to resign and bee discharged of their respective Citie 's emploiments That likewise our good Citie of Amsterdam hath for som daies been kept shut up and besieged by forces of the State all which might caus such as have not a right and full knowledg of the true condition and circumstances of affairs happened and transacted then to take it for granted and currant as if the said respective Lords had been brought to this seizure and resignation of their emploiments through or by reason of any misdeed or misdemeanour of theirs in either their respective Cities or the State 's affairs and consequently through their own fault as also that by the Governors of the Citie of Amsterdam there had been any just caus given of the trouble they susteined by the Siege aforesaid And that nevertheless on the contrarie it hath plainly been evidenced unto Us by the lawful and solemn Declarations of the Unanimous Commons of the above-named Cities that the foresaid Lords respectively have with all sinceritie and faithfulness followed and performed what they had given them in charge by their respective Principals and in particular about those points of retrenching the charges of the State and in regard of the State of War and things dependent thereon together with all the results of the Deliberations held in behalf thereof as well touching the with-holding of the consents of paying of a part of the Militia petitioned for by the Council of State in the fore-mentioned State of War as about the Execution of the Resolutions taken by us in those matters and other consectaries thereof have discharged their trust and followed the intentions and orders of the foresaid respective Commons their Principals and likewise served and supplied the same from time to time with pertinent true and faithful reports of all the advices and considerations both of the other members in our own State's-Assemblie and those of the Deputies of the rest of the Provinces at the Assemblie of the Lords the States-General deduced pro and con to those Commons their Principals perfect instruction good content and abâ—olute satisfaction Moreover that in the managing of the foresaid matters and deliberations in the reâ—pective Commonalties the said Lords or any of them never shewed themselvs to bee acted by passions or possessed with prejudice or ill-affectedness but on the contrarie ever directed the affairs uprightly sincerely and unpassionately however as much as in them laie they laboâ—ed by all good and sutable means to direct all to the â—ecuring of the dear-bought Libertie of the United Provinces in General and of our Couâ—trie of Holland and Westfriâ—slâ—nd in particular and all that for the quiet welfare and common good of our dear Father land Therefore wee our selvs having likewise good and perfect knowledg of all the proceedings about the foresaid affairs transacted in our Assemblie beeing fully satisfied with and giving perfect credit to the respective Testimonies in that regaâ—d of the foresaid Commonalties of the Cities of Dort Haerlem Delf Amsterdam Horem and Medenblick finding alâ—o our selvs fully satisfied in the innocence and uprightness of the proceedings which by the Government of the foresaid Citie of Amsterdam was used about that business and judging not otherwise thereof but the same were directed to the good of the State in general and of our Province in particular Wee have declared and do declare by these for the taking off all mis-interpretions abusive informations evil and groundless opinions that all and every one of the above-named Lords and those of the Government of the said Citie of Amsterdam have don or managed nothing about all the foresaid matters deliberations resolutions and executions thereof but what good and just Governors faithful Patriots and lovers of the freedom and welfare of these Countries and the good inhabitants thereof were bound to
viz. That six Lords of our Sovereign Assemblie beeing desired to com to his High s were upon arrival into his Chamber deteined there under Guard and afterwards carried away prisoners by force of Arms to the hous of Loevenstein and moreover the Citie of Amsterdam beeing the most considerable of our whole Provinces and whose sudden and unexspected ruine would evidently draw on the undoing of the whole Land was intended to have been surprised suddenly by the Forces of the State conveied thither with great secrecie and what els there hath past in pursuance of these enterprises at that time before the face of Our Selvs and all the world And thus having set down here the very Truth of the most material passages between the Deputies of the Provinces his Highness and Our Selvs touching the Saving of the Publick Charges and lessening of the Militia happened in the years 1649 and 1650 Wee are very confident it will most clearly appear thence that there was nothing in the world don by Us in the whole carriage of this affair but what according to the constitution of our Treasurie wee were bound and according to the Freedom and Right belonging to all and every one of the United Provinces wee were warranted to do nay that for accommodation's sake wee still have yielded more and more and from time to time made offer of taking and continuing such charges upon us as most evidently in process of time and without relief would have ruined Us and our good people together putting all our hopes in Almightie God and from Him alone exspecting a good issue at length in the business aforesaid and that on the contrarie little or nothing hath been yielded or condescended unto by the Deputies of the other Provinces but by his High s not onely nothing yielded but on the contrarie a perpetual recoiling used in our regard insomuch that Complaints of the counter working of som ill-affected ones or insolence and stubbornness of som which chose rather to see the safetie of the Land from without and the rest and quiet of the good people within to bee laid into a hazardous ballance then recede but one hair's bredth from their imbibed maltgnancie wherewith the foresaid Paper labor 's to asspers som of our Members may more justly bee recorted upon those pernicious and vile Counsellors who to satisfie their own private passions ambitions and interests have been the contrivers of all this and instigated the young Prince to adventure upon the designs and enterprises aforesaid Now that nevertheless wee may a little more closely and particularly defend the foresaid business or the points thereof which are so odiously represented and traduced in the foresaid Paper of his High s entituled Reason and Motives c. and withal refute as well the contents of the said paper as also divers other Arguments upon several occasions made use of to our prejudice and disadvantage Wee shall in the first place and before all things shew forth That besides the extreme necessitie wee were sufficiently autorized and warranted to with-hold and keep back the paying of the Militia to the further entertainment whereof wee had often declared wee could not yield or consent and that therefore the Writs and notifications thereof addressed to the Ritmasters and Captains of those forces were rightly and lawfully issued by Us. And Secondly make it appear That the Sending decreed upon that occasion without our Consent nay against our wills to bee made to all the Cities and Members of our Province Julie 5 and 6 1650 and performed likewise afterwards was unlawful directly contrarie to the order and form of Govenment trenching upon the Eminence and Prerogative of our State's-Assemblie and especially derogating to the Freedom of the Deliberations of the respective Members thereof And withal how groundless and impertinent the Reasons are which in the foresaid Sending were made use of by his High s and his fellow Commissioners against Our foresaid proceedings And then in the third place wee shall evidence that the Enterprise upon the Citie of Amsterdam undertaken Julie 30 1650 together with the Seizure of the six Lords out of our Sovereign Assemblie committed the same daie and other passages relating thereto were an Attemt upon the Freedom Eminenâ—â— and Sovereigntie of our Province directly contrarie to all the Laws Rights and Privileges of the same As to the first it is a thing well known and obvious to any that hath but any knowledg of the form of Government in these Countries that from all antiquitie it hath been and still is the Custom according to the order of the said Government that those of the Council of State of these United Provinces even before the exspiring of the year use to consider and weigh what they conceiv according to the occasions and conditions of affairs to bee needful and requisite against the next for the conservation and defence of the Common Bodie of the State comprehending all in one General Proposition addressed to their Hi. Mi. and afterwards transmitted to the respective Provinces with the said Council's request that they would bee pleased to grant and at the Generalitie to declare their Consents upon the particulars therein conteined as likewise the foresaid Proposition is commonly called The Petition or Request of the Council And thus the said Council of State adhering to the foresaid fundamentals and conformable to the old Maxims did likewise Decemb. 8 1648 draw up such a general Proposition or Petition about the Charges of the ensuing year 1649 and presented the same to their Hi. Mi. as formerly Where the very nature of Request or Petition inferreth That those to whom the said request is addrest have absolute Libertie to Consent thereunto or not according as they shall finde good and think requisite for the condition of their affair And thus by lawful consequence sutable to to the known Order of Government among us wee might claim and exercise the same absolute libertie and choice of consenting or not to that which the Council of State was desired at our hands in their foresaid Petition of Decemb. 8. 1648 for the year ensuing 1649. And whereas according to the old custom there was beside the foresaid Proposition as a part of the Petition or one particular point thereof transmitted withal a project of the State of War for the year 1649 touching which state of War there are likewise these very words inserted in the Petition Wee present the same to Your Hi. Mi. with desire that your Hi. Mi. will bee pleased to grant your Consent thereunto it follow 's again that it was in our special choice to consent to the state of War therein comprised and the particulars thereof especially the main and principal touching the Militia both Hors and Foot either totally or in part so as wee should finde it most requisite for the State in general and for our Province in particular Insomuch that wee beeing disposed to make use of our Libertie therein according to the
order of Government and especially the 9 th Article of the Union as beeing a matter of charge requiring contribution of monies wee can nor may not bee over-voted in that case Or if so bee that on the contrarie such a thing should have been endeavored to bee put upon us wee might have had libertie then to with-hold those monies or contributions and forbear them altogether like as June 1 1650 wee took such a Resolution spoken of before at large and consequently did well and justly for the preventing of confusion and muâ—inie to give advertisement thereof to these viz. Ritmasters Captains and other Militarie Officers who otherwise conceiving afterward they were to draw monies would together with the Souldiers under them have been disgusted in the highest degree and that not without great reason By all which rational Motives and from the consequences of true and duly disposed Premisses the groundlesness of their Supposition is evidently discernable which would have drawn the foresaid Libertie of Consents in regard of the Militia into question It beeing very remarkable besides to the further Confusion of such That before the beginning of the Peace that that very partie which so fain would have seen the foresaid yearly libertie of consenting in these Militia-matters justled out hath been very busie about it for a whole twelv month together as the Registers of the Resolutions at the Generalitie shew forth though all in vain and without any success there beeing inserted into the fundamental Resolution about the preliminar points before the Treatie of Peace Novemb. 16 1646 these express words Thirdly concerning the Militia it is found good and resolved that the said Militia shall bee fitâ—ed and framed according to the occasions of times and affairs and according to the antient custom there shall yearly a Petition bee made by his High s his Excell cie the Stadholder and the Council of State and transmitted to the Provinces for them to deliberate thereupon about needful Consents and to return the same to the Generalitie By reason whereof also wee alwaies were wont to restrain our Consents which from time to time were granted by Us upon the yearly Petition of the Council of State and the state of War with this express claus That the same was meant and don for the time of one year and no further and never engaged or promised further then for the year current onely to take fitting order for the paying of our Quote towards the Militia and other petitioned publick charges After the quotation of which clear significant and express words both of the foresaid General Resolution and our own Acts of Consenting wee cannot judg our foresaid first point should need any further confirmation Although ex abundanti it might bee shewed here not onely that their Hi. Mi. in general have by several Missives and particularly that of Decemb. 8 1648 and Septemb 27 1649 respectively desired of us that wee would yield our Consents to the foresaid state of War but likewise that all the Provinces in particular have in their respective Provincial Advices upon the said projected state of War not onely acknowledged the said libertie of Consenting but likewise themselvs plainly made use thereof in several particulars for their own advantage for proof whereof wee shall content our selvs to produce here onely the words of the Province of Zealand who in their advice returned upon the foresaid state of War having premised that in the general Proposition or Petition they pretended to have their Quote to bee lessened or substracted from the whole mass or bodie of the State aforesaid they claus it with these following formal words declaring That otherwise wee will not bee bound to consent to any further charges or Petition Whence indeed wee took occasion to believ as also wee are still persuaded that the foresaid affair was agitated and advanced at the Generalitie not according to the intention or by the joint acting of the Provinces themselvs whom wee perceiv to have been of one minde with us concerning the main but onely by som few Deputies seeking to currie grace and favor from his High s or otherwise byassed by particular aims and interests of their own Now concerning the Second point propounded above namely the Sending Julie 5. 1650 decreed and forthwith expedited to all the Cities and Members of our Assemblie wee have therein observed a twofold unlawfulness and unbefitttingness the one in regard of the partie giving the Commission or decreeing that Deputation and the other in respect of the matter it self or the aim and drift wherefore the same was undertaken As for the givers of the Commission The truth is and may appear by the Notals of the Lords present in the Register-book of their Hi. Mi. that they were men in such a scantling Number that three whole Provinces were represented there but Note by four persons so that wee could not sufficiently admire how so small a number of Deputies should dare to undertake the foresaid general autorisation a matter of so great weight and consequence together with the foresaid never well succeeded Commission and Sending without first as in such matters of importance the usual custom is beeing warranted and ordered thereunto by their Principals or having understood their minds and intentions in that behalf proceeding to grant and decree the same onely upon the Votes of five Provinces so slenderly represented as said is against the standing out of the Deputies of the Province of Gelderland and the protestation of Ours Besides this that wee are verily perswaded there were divers yet among those few ones of a contrarie opinion and meerly over-voiced by their fellow Deputies and others som which by reason of the presence and autoritie of his High s durst not oppose Insomuch that even thereby first it may easily bee judged what is to bee held of the lawfulness of the foresaid Conclusions taken at the Generalitie Jan. 5 and 6 aforesaid And secondly it is considerable also in regard of these givers of the Commission that though the foresaid Sending had been approved of and concluded on by the Lords the States General or the Deputies of the Provinces compleatly instructed and autorised thereunto with unanimous consent of six consonant advices in regard our own Deputies could not join with them nevertheless it had been clearly shewed and will bee further very clearly and evidently deduced that their Hi. Mi. are in no part warranted nor qualified to do it Beeing that all Sendings decreed or to decree unto the Provinces ought according to the fundamental Order of the Government to bee addressed unto the States-Assemblie and not to the Cities or particular Members thereof Which likewise was alwaies observed in these Countries and particularly also by the Lord Stadtholder Count William Lodovick of happie memorie and Deputie for the Province of Friesland in the year 1587. who understood and declared it thus in regard of the Letters and Sendings by or in the behalf of the E. of Leicester
native Lords Princes Countries Cities and Provinces thereof which shall attemt any force or violence or wrong against them or make warr upon them either in general or particular Provided that the said assistance bee autorized by the Generality of this Union upon cognizance and according to the condition of the matter 4. And for the better assurance of the said Provinces Cities and Members of them against all violence That the Frontier-Cities and others also where it shall bee found needful in any one of the Provinces shall bee fortified and strengthned by the advice and order of the United Provinces at the charges of the Cities and Provinces wherein they are situated beeing assisted thereunto with the one moyetie from the Generalitie Provided that if by the said Provinces it bee found expedient to erect any new forts or strong holds in any of these Provinces or to alter or demolish such as are alreadie made the charges requisite thereunto bee born then by all the Provinces in General 5. And for Provision of such charges as shall bee needful in the cases abovesaid for the defence of the said Provinces it is agreed that in all the said United Provinces there bee in an uniform way and manner for the defence of the said Provinces appointed disposed and publickly farm'd out to the most offering from three months to three months at other convenient terms the collecting thoroughout all the said United Provinces Cities and Members thereof certain imposts upon all sorts of wines forrein and homebrewed beer mill'd corn and grain upon Salt Gold Silver Silk and woollen cloth upon horncattel and sowed lands upon the beasts of the butcherie upon horses and oxen sold or barterd upon the goods transported by waggons and all such other things as hereafter shall bee thought good by common advice and agreement and that in persuance of the Orders which shall bee framed and made in that behalf there bee likewise employed to the uses aforesaid the revenues of the Demains of the King's Majestie the incumbent charges thereof deducted 6. Which means shall by common advice bee raised and abated according as the exigencie and condition of affairs shall require and onely emploied for the common defence and such things as the Generalitie shall bee bound to undergo and care for without permission to employ the same means to any other end and purpose 7. That the foresaid-frontier towns and others also when need require's shall at all times bee bound to take in such Garrisons as the said United Provinces shall think meet and with the advice of the Governor of the Province where the Garrison is to lie do appoint and order without any refusal Provided that the said Garrisons shall bee paid their wages by the said United Provinces and that both Captains and Souldiers shall besides the general Oath make particular oath also to the Town or Citie and Province where the Garrisons is to bee layd and that this same shall bee inserted in their Articles and that likewise there shall bee such order taken and such discipline kept among the Souldiers that the Burghers and inhabitants of both Town and Countrie whether Church or Lay-men shall not bee burthened beyond reason nor suffer any molestation and the said Garrisons shall bee no more privileged or exemted from paying of Excise or import then the Burghers and inhabitants are of the place where they com to lie Order beeing also to bee given that the Generalitie shall pay the Burghers and inhabitants for the lodgings in the same manner as hath hitherto been practised in Holland 8. And to the end that there may bee a continual assistance in readiness of the Inhabitants of these Countries the same shall thoroughout every one of these United Provinces within the space of one month from the date hereof at the furthest bee mustered and enrolled such namely as are between 18 and 60 years of age that so the heads and number of them beeing known there may afterwards at the first meeting of the Confederates such cours and order bee taken as shall bee judged to make most for the protection and securitie of these United Countries 9. Also there shall bee no agreement for truce or peace bee made nor war undertaken nor any imposts or contributions appointed touching the Generality of this Alliance without the common advice and consent of the foresaid Provinces but in other matters that concern the managing of this confederacie and things depending or ensuiug thereupon all shall bee regulated by what shall bee advised and resolved upon by most voices or votes of the Provinces comprehended in this alliance which shall bee gathered in the same manner as hitherto hath been in use in the Generality of the States and that provisionally till by common advice of the confederates it shall bee otherwise order'd Provided that in case the Provinces could not agree among themselvs about matters of truce peace war or contributions the difference shall provisionally bee referred and submitted to the Lords Governors or Deputies of the foresaid Provinces at this time beeing who shall reconcile the difference between the parties or determine the same as they shall judg it fitting in equity Provided that if the said Governors shall not bee able to compose the difference they shall assume then and choos such impartial Assessors or adjuncts as they shall think expedient and the parties shall bee bound to conform themselvs to what shall bee determined by the said Governors in manner abovesaid 10. That none of the foresaid Provinces Cities or Members thereof shall enter into any Confederacie or Alliance with any Neighbor-â—ords or Countrie without consent of these United Provinces and Confederates 11. To this end it is agreed that in case any Neighbor-Princes Lords Countries or Cities desire to joyn themselvs to these United Provinces and enter into Coufederacie with them that they are to bee admitted by common advice and consent of these Provinces 12. That the foresaid Provinces shall bee bound to a conformitie in Mint-matter viz. about the cours and valew of coyn sutable to such ordinances as shall with the first bee made in that behalf which the one shall not bee able to utter without the other 13. And as touching matters of Religion those of Holland and Zealand shall dispose therein as they shall hold fitting and the rest of the Provinces may regulate themselvs according to the Tenor of the peace of Religion already framed by the Arch-Duke Matthias Governor and Captain General of these Countries and his Council by advice of the States General or els take such cours and order in general and particular in that behalf as they shall finde conducing to the quiet and welfare of the Provinces Cities and particular Members thereof and the conservation of every ones Ecclesiastical or civil right and possession without beeing in any kinde molested or hindered therein by any other Province every one having freedom in his Religion and none beeing to bee troubled or questioned for
Religion's sake according to the foresaid pacification of Ghent 14. The Cloister-people and those of the Clergie shall according to the pacification have their goods yielded them which they may have lying in any of these United Provinces reciprocally and if so bee that any Church-persons within the Provinces shall during the war between the Countries of Holland and Zealand against the Spaniard withdrawing themselvs out of their Cloisters or Colleges under the jurisdiction of those of Holland or Zealand the same shall bee afforded due Alimentation and sustenance during their lives from their said Cloisters or Colleges as shall likewise bee don to those which shall have retired themselvs out of Holland or Zealand into any of the rest of these Vnited Provinces 15. That likewise unto such as shall bee or have been in any Cloister or Church-College belonging to these United Countries and are willing either for Religion's sake or upon other reasonable causes to forsake the same or have forsaken them there shall bee afforded due Alimentation to them during their lives out of the revenues of their said Cloisters or Colleges according to the condition of them Provided that such as shall enter themselvs into any of these Cloisters after the date hereof and afterwards forsake the same again they shall bee allowed nothing more but onely have libertie to take back with them for their behoof what they brought in there That such likewise as at this present are or hereafter may com into those Convents or Colleges shall enjoy freedom and Libertie of Religion as also of Garments and Habits Provided they bee subject in all other things unto the Superiors or Governors of the said Convents 16. And in case which God forbid there should arise any misunderstanding debate or difference among the Provinces that they could not agree among themselvs that the same so far forth as it concern's any of the Provinces in particular shall bee composed and determined by the other Provinces or such of them as they shall pleas to depute thereunto And as farr forth as it concern's all the Provinces in manner as is exprest above in the 9 th article who shall bee bound to do right to the parties or to make them agree within a months space or speedier the exigencie of the matter so requiring it after the intercession of or endeavor with the one or other partie adjoined and that which by the forecited Provinces or their Deputies or Lords Governors shall bee pronounced thus the same shall bee forward and yielded unto without any further demurr or other proviso of right by way of appeal relief revision nullitie or any other exception whatsoëver 17. That the foresaid Provinces Cities and Members thereof shall take heed of giving any occasion of war to any forrein Princes Lords Countries or Cities and for the better avoyding of all such occasions the foresaid Provinces Cities and members thereof shall bee bound to administer good right and justice aswel to the foreiners as to the Inhabitants of the said Provinces and in case any one fall short therein the rest of the confederates shall do their utmost by all fit wayes and means that right may bee don and that all abuses whereby the same is stopt and justice prejudiced may bee amended and reformed according to the rights and powers of every ones Privileges laudable customs and constant practice 18. Nor shall any of these United Provinces Cities or Members of the same set up or introduce any imposts conduct-monies or the like burthens to the grievance and prejudice of the other and without common consent nor tax or molest any of their confederates more then they do their own inhabitants 19. Furthermore to provide against all emergencies and troubles as much as may bee the Confederates shall bee bound beeing summoned by those which shall bee autorized thereunto to present themselvs at Vtrecht by such a day as shall bee appointed in the letters wherein shall bee expressed as much as may bee don unless secrecie bee required the matters and emergencies to bee treated of that with common advice and consent or by most voices in the manner abovesaid things may bee debated and resolved upon In case also som should fail to appear the rest shall nevertheless have power to proceed to such Resolutions as they shall judg expedient for the common good of these United Countries and Provinces and that which shall bee thus resolved upon shall bee yielded unto by those that were absent unless the matters were very weightie and could brook som delay in which case the absent shall bee summoned by a second letter to appear som other day upon pain to forfeit their vote for that time and whatsoëver shall bee concluded by the present the same shal bee held firm and obligatorie notwithstanding the absence of any of the othâ—r Provinces Provided that if any bee indisposed to appear they have libertie to send their advice to the Assemblie in writing thereupon to proceed in collecting the Votes as the circumstances shall require 20. And to the end aforesaid all and every one of the said Confederates shall bee bound in writing to communicate unto him that shall bee autorized to summon the rest all such materials as shall present themselvs or happen unto them and whatsoëver they cenceiv may concern the good or ill of these United Countries and confederates that the rest of the Provinces may have notice given them about it after the manner aforesaid 21. And after there shall bee found any obscuritie or doubtfulness therein which might occasion questions and debate it shall bee interpreted and determined by the Confederates who shall order and dispose therein by common advice and consent as they shall judg meet And in case they could not agree about it they shall have recours to the Lords Governors of the Provinces in manner as above 22. So likewise if at any time it shall bee found needful that the Articles of this Union League and alliance bee amplified or altered in any points or articles the same shall bee don by common advice and consent of the foresaid confederates and not otherwise 23. All which points and articles and every one of them in particular the foresaid United Provinces have promised and do promise by these to observ and follow and to caus them to bee observed and followed without doing ought or suffering ought to bee don against the same directly or indirectly in any way or kinde whatsoëver And in case any thing bee don or attemted to the contrarie they do declare the same now as then altogether null void and unvalid where under they engage themselvs and the inhabitants of their respective Provinces Cities and Members therof their persons and goods that the same may and shall in case of contravention and not observing this treatie and what depends thereon bee arrested sued and prosecuted in any place and before any Magistrates Courts renouncing to this end all exceptions graces privileges reliefs and generally
Reduction in his Government but to await the further Order of their Hi. Mi. Hereupon it was found good that Instructions should bee drawn up by the Council of State for the said Commissioners The former Proposition beeing forthwith printed and published there came out soon after these ensuing observations Som needful Animadversions upon a certain Proposition made in June 1650. within the Cities of Holland I. IT was not enough to make a Proposition to the Corporations or Councils of those places they visited but the same was likewise printed and thereby really insinuated and presented to all the Commons nay to all the world That which is spoken to every one may bee answered by any one Take it not amiss then I pray that in the behalf of the honest Commons of Holland I do say and maintein That none indeed is better able to foresee disorder and disturbance whereof the first member of the Proposition speaketh then hee that maketh and causeth the disorder and disturbance himself All the strangers Germans Brabanders French English coming into this Countrie wonder at the good order and policie that is in Holland and if that next to the blessing of God had not been the Land had been lost long ago and unless there bee yet order setled and mainteined especially in the Treasurie this good Province and Millions of Widows Orphans and other honest Inhabitants that have their monies out in publick stocks will bee undon This is so well known to all the Cities and members of Holland that it need 's no proof Sure in all Kingdoms Cities and Countries Peace is mainly made for that end to eas and disburthen the Commons How shall they bee eased or disburthen'd if that bee not taken off which the peace it self take's off and make's to ceaâ— The neighbor-Provinces especially Friesland Groninghen and the Omlands they know how to eas their Commons to som purpose The want hereof must needs draw along with it a decreas and diversion of Trade and people That the Cashiering made by the Lords of Holland happened not without foregoing and for above a twelv-month-continued communication advice and debate with his Highness with the Deputies of other Provinces with his Excellencie the Stadtholder and the Council of State the manifold Resolutions Negotiations Messages Letters and other Acts can testifie That the power of levying and disbanding or reducing of Forces should bee given up to the Council of State the same is contrarie to the first Article of the Union where every Province declare's they will keep and maintein each one's respective Soveraigntie and contrarie likewise to the 32 Article of the Instruction of the Council of State set down hereafter II. And therefore that is untrue which is said in the second Section III. It is no change then no breach nor dissolution but a punctual observing and mainteining of the Union Artic. 5. what the Lords of Holland have don Under the very Kings and Monarchs their Subjects much more the States and Parlaments have and maintein a proprietie still and a free disposing of of their purses goods and possessions If the King would have ought of the Inhabitants it must bee don by way of entreatie not threats and forcing The very word Beden used in Braband plainly implie's thus much it happeneth frequently nay every year in Brâ—band Flanders and other Spanish Countries that the King praying in that kinde is paid with a flat and down-right denial In Braband it is a thing known in the streets how much more then in these Provinces where the States themselvs are Soveraigns now ought it to remain in their free power to consent and yield or not what is prayed in the Councils Petition who themselvs are in Service Commission and swoâ—â— to them there is no year but the States are prayed and entreated for the continuance of the State of war that is to say of all the Armie And verily in the midst of war the States had power and freedom to continue or discontinue the same as likewise several other incidents of Leaguer-charges of Subsidies to the West-Indie-Companie of casting Ordnance of lodging-monie of buying ammunition paying for Fortification c. In the midst of war many thousands have now and then by greater and lesser parties in Regiments and Companies been discontinued Holland as more interessed in it alone then all the rest hath alwaies brought in the weightiest portion and therefore most concerned in the good order and managing thereof as also beeing here in loco and best acquainted with the affairs of the Generalitie hath alwaies been the readiest and forwardest to observ and shew what charges were useless and fit to bee forborn The like Disbandings and Reductions or Discontinuations have been practised in the very height of our wars as immediately after the loss of Breda 1625. and afterwards after the Reduction of the Bosch in 1629. and of Mastricht and further in the years 1640. 1642. 1647 though I say wee were in war still Holland going before the rest of the Provinces followed not as if Holland thereby sought or arrogated a special Prerogative unto her self above or over the rest but onely doing that which all the others might have don viz discontinuing their consent beeing commonly the first for that they are in loco and can alwaies bee the readiest and this condition of theirs beeing wholesom and advantagious for the other Provinces Holland in all reason should have heartie thanks rather However if the other Provinces are pleased to continue charged it was left to their freedoms although it was never seen but the rest of the Provinces would alwaies in this point follow the laudable pattern of Holland and hitherto it succeeded well Beeing now in peace what reason is there that wee should not discharge things useless and unnecessarie I see no need wee have of continuing entertainments to Governors Colonels and a numberless companie of other Camp-Officers There is no need of it That Captains Commanders c. go all bedaubed and besmeared with gold and silver upon their clothes whilest the poor Commons are glad to feed on a piece of drie bread and must often carrie their children supperless to bed It can bee no good advice to entertain strange Forces or Troops and Souldiers of Forein Nations When Kings and Princes bring in such it is a shrewd sign they intend to tyrannize or to introduce an absolute arbitrarie Government Do not wee see now at this time that Scotland though threatned and in danger by England yet will not suffer their King to bring in there any strange Forces and so it is likewise every where els Nevertheless for such Supernumerarie and Forein Souldier's sake at Utrecht Reenen Wagoningen Arnheim Campen Deventer Swoll Dort Delft Rotterdam Shiedam Tolen Ziricksea der Goes Lewarden Franecker Harlingeen Bolsweert Sneeck and many other places for the great entertainments sake of Colonels Lievtenant-Colonels c. which were not in use in the hottest times of all the war for it
is a thing well known that most Troops were reduced under Regiments but within these 10 or 15 years For such unprofitable things I say so much water must bee foul'd now That which is so Learnedly brought in in the third Section about the true Reformed Religion doth fit the matter as aptly as the fift wheel a Waggon The drawer of the Proposition followed therein your Priests who when they studied but little for their Sermon commonly supply the defect with falling upon Calvin and Luther then they have stuff and matter enough a large Field to exspatiate and shew their parts in then they are alwaies sure to beat their adversarie and triumph over them Som few indeed of that Coat among us here sought to make likewise a Pulpit-business of this matter but all the faithful Pastors most highly disapprov'd it and it was easily found out that they were Court hirelings set awork under that cloke to rais mutinie and sedition to dispoil and bereav Holland and the whole State indeed of their Rights and Privileges of their Soveraigntie and freedom for the purchasing whereof Holland alone hath contributed more Treasure and Bloud then all the other Provinces together to caus the honest Commons to groan under everlasting Burdens through the confusion in the Treasurie whereby Millions of Widows and Orphans will bee prostituted to extreme povertie Thus indeed the great flood-gates would bee opened for our Enemies to overwhelm and to destroy us by murther and fire and all manner of destruction at their pleasure which by a necessarie redress in the Treasurie would with God's help in a few years sufficiently bee prevented that such a fear should bee needless IV. That which is mentioned in the fourth Section is an Innovation unheard of and of very evil consequence condemned by all the Cities and no more to bee admitted or suffered V. Those that exposed his Highness Princely and most honorable person to publick reproach in such conjunctures or confusion rather they are none of his true friends doing all they can to make his heroick virtues and faithful love to the Father-Land as odious and suspect as may bee and endeavouring to loosen the bonds of Love and Affection then which the government can have no firmer The beginnings grounds and intentions of the Union are exstant and to bee seen in the Text of the Union and are very dissonant to this Proposition as beeing made for the maintenance of the pacification of Ghent read but the Preface to the Union The Reformed Religion would gain little by such allegations for none but Holland and Zealand were the eagerst for the Reformed Religion nevertheless without excluding the Papists But the rest of the Provinces regulated themselvs according to the peace of Religion See the 13 Article of the Union VI. How impertinently and hatefully is the business of Religion produced in the sixt place Holland hath don more alone and is still disposed to do more for the Reformed Religion then all the rest together VII What relation or affinitie I wonder hath the Treasurieaffair and Reduction of the Souldierie with the reading of the Scripture as it is here alleged VIII Holland alone more then all the other Provinces together hath paid the King of Spain his Murthering and Burning home into his Bosom that in the very beginings of the first Troubles the President Vergas said Ifti Haeretici patibulant sicut nos The Peopelings have small reason to brag of advantage If they shall believ our Histories wee ought to believ theirs affirming that for one Preacher of ours an hundred of theirs were banisht vexed hang'd kill'd drown'd Are not all the Churches and Cloisters in the Land purged of the Popish Religion and Priests together Are not all the United Provinces together with the associated Cities and Countries freed and rid of the Spaniards the Spanish Government and Spanish adherents Have not wee don ten times more hurt and dammage to the Spaniard both by Sea and Land then ever hee did to us IX That which happened at Haërlem Leyden Oudewater Naerden was in Holland Holland I say again hath suffered and don more in revenge thereof more alone then all the other Provinces together and Holland for that straining of its power now at the end fetching breath seek's but thereby to bee made the more fit in time to com to do the like again upon occasions viz. more alone for the defence of it self and all their good confederates then all the other Provinces X. The Province of Holland hath no intention nor thought to separate from the other Provinces or to break the Union But the other Provinces have much receded from it since the very first day of making it therein namely that they never would comply to an uniform way of Contribution which is manifest by the fift Article of the Union So also promise is made by the first Article that every Province should bee left entire in the enjoiment of their Rights Privileges Liberties c. a principal point whereof is not to bee changed against their consent Art 18. This Right Holland doth not grudg to any but the rest go about to bereav Holland of it According to their main intent of the Union endeavors are promised to discharge and dismiss all Forein and Outlandish Forces Holland is inclined to it for the advancing of good and faithful Native Officers and Souldiers but som of the other Provinces would keep in the Foreiners to the destruction of the Natives som whereof namely the 29 Companies of the fiftie raised in the year 1628 received not one pennie of monie in five years but what the Captains were fain to take upon interest at 8 per cent XI The Bodie of these Provinces is grown mightie next to God's blessing most by the Treasure and Bloud of Holland Whole Provinces were partly won partly cleared of Spanish Garrisons partly provided and supported with Fortifications new Forts Ordnance Ammunition Lodging-monies and other Subsidies the most part by and from Holland Gelderland and Over-Issel were non continuing Provinces till the late Truce The Union is like a painted man upon the wall how the Generalitie and how the rest of the Provinces have at several times and places observed and kept the same is known sufficiently XII The Peace yield's opportunitie and means to get out of debts and into a fitting condition again of effectual defence against all Domestick and Outlandish Enemies This is the end wherefore all Kings and Potentates make peace Holland would fain bee gathering once this wholesom fruit from the Tree of Peace but som ill-affected Hollanders do all they can to hinder them XIII There is none but know's as well as this Proposition can tell us what is requisite towards and for the guarding and securing of the Frontiers Delft Rotterdam Ter-Goude Schoonhoven and fiftie such like In-Land-Towns are they all becom Frontiers now What Watch and Guard doth the Souldier perform there unless they had a minde by degrees
have approved of the draught of the two former Memberships nevertheless upon the review and willing that the respective three Members should go unitedly together they the Delegated Nobilitie and Gentrie do hereby accept of the draught of the Letter made and communicated to their No. Mi. the States here by the Committee of the Citie of Utrecht Aug. 28 last past and accordingly conform themselvs to the Contents of the same draught once more now read before us and allowed with one accord by their No. Mi. Lords the States of the Countrie of Utrecht in manner as followeth Illustrious High-born Prince HAving taken into Deliberation and weighed that which your Highness notified unto us by Letters of 21 31 Julie last touching the sending of his Excellencie Stadtholder of Friesland with a good number of Hors and Foot towards and about Amsterdam together with the seizing of som Lords of the Provincial Assemblie of Holland of all which your High s hath caused the Reasons and motives to bee delivered in writing shut and sealed up at the Assemblie of their Hi. Mi. where the same yet remain's in the Cabinet of the Generalitie's Secretatrie Wee do declare firmly confiding in your High s and the good grounds those Reasons doubtless were built upon that wee approve of what in pursuance thereof hath been performed by your High s for the maintenance and conservation of the Union giving thanks to your High s for all the good offices emploied for the good of the State with most friendly desire you will bee pleased still to continue that good affection for the maintenance of the common Peace and Unitie and especially also that singular good zeal of your Highness for the preservation and maintenance of the true Christian Reformed Religion There at Utrecht his High s received the Letter formerly recited of those of Gelderland which they therefore sent thus unto him before hee arrived at their Land-day for fear that coming thither before receiving of the Letter hee might have found means and waies there to make the thanks a great deal more ample and particular then they were From Groninghen and the Omland came no thanksgiving there beeing no Land-day nor any appointed yet and in the interim happened the Prince's death Now though the rest of the Provinces return'd one after another such thanks unto his High s as you see they of Holland and Amsterdam especially conn'd him none Murmuring Impatience Obtrectations Revilings was up afloat there The Citie continued yet in September to search the arriving ships aud vessels The Watches and Guards continued strict and strong the common people talkt broad and boldly and the Magistrate's apprehension that the Prince had som further Design and sought no less then Sovereigntie and absoluteness encreased daily Many even of his Confidents and friends wish'd him and were of opinion hee should labor all hee could to sweeten and salv up all that was past and of his own accord seek to content and satisfie the seized Lords But no such disposition appeared in him by what hee did at Haerlem for there happening in September the day of their chusing Magistrates on the 7 th hee returned from Dieren to the Haghe and perceiving there were som stood in Nomination not sorting to his humor beeing especially that one of his Confidents Seig r Verkameren was past by and left out of the Nomination hee did pass by the worthiest and most respected of all and chose new mean persons among others one a Door-keeper and when those of the Citie had put the Charge of Orphant's-master or over-seer of the poor upon Seig r de Wael beeing somtimes given even to a Roman Catholick hee crost it again and made his displeasure known to them about it A motion there was made at the Assemblie of their Hi. Mi. for a daie of praier and thanksgiving to bee published throughout all the Provinces in regard of the present condition of times and affairs But they of Holland would not give their consent least thereby they should tacitly allow and in publick avow all that had past and also not to let loos the reins thereby to som seditious the good are still excepted Ministers or Pulpit-men to inveigh and rail against the Government and to sooth and flatter the Prince in his Exorbitances Those of Amsterdam shewed in all their managings that they were full of Jealousies and therefore they caused their Citie-trenches to bee fenced with pallisadoes or planks and trees round about raised their brest-works encreased their Train-bands from 24 Companies to 54 got an Engineer from Antwerp a sign they trusted or durst trust none that was in the Land's service the same that invented and built the Work at the Scheur by Duynkirck They raised likewise 2 Companies auxiliaries The people in general talked very ill and licentiously of the Prince and his late acts and practices and there wanted not pens to write smart and bitter invectives against them among the rest of those blew books there was one called The distemper'd Amsterdammer wherein the Prince is set forth to have out-gon and out don the Duke d'Alve the Duke having but executed his Master's Command and seized persons sworn and in service to the King the Prince had seized his own Masters at least som of them and that without any Autoritie's command The Charge of the 5 th of June which hee pretend's beeing but general and given by the Deputies of the other Provinces who had no such power That the Prince's aim had been to make himself Master of the Bank and all the rich Counting-houses to have their ready monie at command partly to assist his Brother in Law the King of Scotland and partly for to break with Spain and set upon Antwerp These and such like invectives were daily broached and came to the ears of the Prince whiles hee was in the Velaco a hunting as to recreate himself so to have an eie withall upon the Geldrish Land-day kept at Zutphen ayming for that hee was now in possession of Dieren to bee likewise admitted in Gelderland as premier Noble the head of the Nobilitie there Once hee was at Zutphen himself and once hee was visited and complemented by a Committee thence of eighteen The chiefest and principal business of that Land-Day was the introducing of the Oppignoration which had been preparing for the space of som years with divers Sentences past upon it in the years 1642 1643 and 1644. All this while that the Prince was in the Veluw the weather was exceeding bad windie and rainie as indeed most of that Summer had been nevertheless hee kept there aud cared neither for winde not weather making shift in a Countrie man's hous at Bickberghen and continuing his violent Exercises of hunting unto the very end of October whenas for a daie or two growing somwhat feaverish hee was advised to return by water down the Phine and Leck by Rotterdam to the Hagh where hee arrâ—ved Saturday morning by 3 of the Clock
her Son c. Unto the States of Holland and West-Friesland Noble Great Mightie Lords THe Tragical Afflictions wherewith it hath pleased the great God to visit her Royal High s in the Royal Hous and especially in the person of the King her Father of most blessed memorie as likewise the unexspected and to her most sad and grievous departure of the Prince of Orange her Dear Husband these are matters known to all the World And your N. G. M. have also in regard of the foresaid calamitous accidents shewed unto her Remonstrant your singular condoling and more then fatherly compassion Shee the Remonstrant reduced to such a Condition and beeing great with childe therewithal it pleased the good God graciously to deliver her of the Fruit shee had born in her womb with so much grief to the singular solace of her in these foresaid heavie Visitations And therein also shee Remonstrant having favorably received your N. G. M. friendly Congratulations and cordial Demonstrations of mutual rejoâ—ceing Shee testifies to bee and to remain obliged unto your N. G. M. with immortal Devoirs of gratefulness But waiting for opportunities to evidence the same further shee is necessitated to appear sooner troublesom then thankful unto your N. G. M. and by request touching her particular affairs to interrupt your N. G. M. that they would bee pleased to suffer themselves to bee informed that shee Remonstrant in no wise intend's to do any thing that shall bee inconsistent with the Laws or but liable to any construction of attempting ought against Justice much less against the Autoritie of your N. Gr. M. It is without all Controversie most agreeable to the Laws of this Land that Shee the Remonstrant beeing Mother of the Prince her Son her Dear Husband deceasing shee thereby becom's and is the Governess or Guardian of her said Son beyond all dispute with exclusion of the Grandmother Which unremoovable Foundation beeing laid it follow 's surely and is clearly grounded in Right that Shee the Remonstrant is enabled thereby not onely to undertake the Guardianship but likewise to exercise all acts thereon depending and that shee cannot bee hindred therein by reason that hitherto there are no Guardianassistants assigned with her That which is said here beeing clear and plain in Law shee the Remonstrant stand's evidently free from having attempted the least against it so that in Justice there can bee no Inhibition made of her foresaid Administration of the Guardianship Shee the Remonstrant is not able neither to conceiv or remember that the Acts hitherto past and used by her in Qualitie of Guardian should or could bee other then most advantagious for the Prince her Son beeing the most important Act thereof is tendering how upon good Deliberation and advice with his High s Counsel the Hous mortuarie may bee disburthened of the heavie and unnecessarie Charges of above six hundred thousand flor per. an The other Acts consist in the Election of som persons into Magistracie made by her in the Name of the Prince her Son upon the Nomination of a double Number whereunto it is apparant that none other is or can bee qualified but herself the Remonstrant in her present Qualitie of Guardian over the Prince her Son The foresaid Council of his High s of blessed Memorie beeing provisionally autorised no further by the Court of Holland then what concerneth their Ordinarie function and is contained within their Instruction among which it is manifest that the Election of any Magistrate is not comprehended Shee the Remonstrant doth protest that this Concertation and Difference about her own indubitable Right with the Ladie Princess her Mother in Law and the Prince Elector of Brandenburg is much against her minde and heart wishing for no other occasions but to meet and occur them with all Offices of Civilitie and kinde Correspondence and beeing readie to give them likewise all reasonable Satisfaction about the Direction in the particular of the Guardianship For the said Guardianship consisting principally in three functions the first touching the Education of the Person of her Son the second the Administration of his goods the third the Collation or bestowing som Charges and Grants or Benefices Shee Remonstrant declareth herself to bee ready in all uprightness to order and dispose the said Education with the approbation and advice of the foresaid Ladie the Princess her Mother in Law and according to the manner and custom of these Countries to as much advantage as may bee without suffering any Forrainers to divert her from so doing The managing and administration of the goods the Remonstrant conceiveth ought as hitherto to bee disposed by the Council and conformably to the desire of his late High s her husband And that therein consequently bee considered the Confidence that before all things all debts and charges of the Hous mortuarie bee paid and discharged out of the yearly Revenue And for to give the said Prince Elector full assurance thereof in respect of the Fidei-Commissio or Trust mentioned in his Remonstrance shee the Remonstrant here will gladly admit that the same Prince Elector and her High s the Princess Dowager shall themselvs or by their appointed Commissioners assist to audit the yearly accounts of the Treasurer General And if they at any time shall thereupon conceiv of better waies and managing of the said estate shee declare's herself willing to embrace the same Beeing far from any inclination or design that the foresaid Goods or Revenues shall in the least part bee diverted to any other uses besides that according to the known Laws the like would not bee in her nor in the Assistant-Guardians power for to do As for the Collation of the places and offices the same belong's to her the Remonstrant by contract of marriage in all such places out of which her Dowrie is to bee paid and the rest in the qualitie of Mother and Guardian of the Prince her Son beeing ready nevertheless in the Election of the Magistrate not to proceed otherwise but by the advice of the Court of Holland and therein punctually to follow the Tenor of the Privileges and Charters of the places where the Magistrates are to bee changed And in respect of the Cities lying in Zealand to take the advice during the minoritie of the young Prince of the States of that Countrie whereby all apprehended surmises vanishing how injuriously soever devised The Remonstrant desire 's to give your N. G. M. to perpend in their righteous judgment whether there can bee ought more just and behoofful to the honor and lustre of the young Prince and respect of the Remonstrant as Mother and Guardian of him then that the foresaid Collations and Elections bee don in manner aforesaid Shee Remonstrant not entertaining so much as a thought to intrude or intrust any English therewith or even to suffer any Nundination to bee made about them but rather to take care that in all the Rules of distributive Justice may exactly bee considered and observed
nevertheless that the said Commanders and Majors do not take upon them in the same Cities the keeping of the Keies opening and shutting of the Gates or the giving of the Watch-word but that the same shall remain wholly and solely in the power and hand of the Magistrate of the said respective Cities VII As likewise the Majors shall no further exercise or extend the Militarie Jurisdiction in the said voicing Cities then to neglects and trespasses of Marches and Watches running over to the Enemie deserting their Companie or running away from the one to the other without a Pass besides such other excesses and delinquencies which the Officers and souldiers may commit among themselvs one against another and no further so that in all other matters whether criminal or civil the militarie persons or any souldier shall bee apprehendable triable condemnable and executable by the Civil or Criminal Judg in Ordinarie whose sentence also in matter of Debts and such like upon default of goods moveable or unmoveable shall extend and bee executed upon the wages and paie of the partie condemned according to the cours and order of the Land VIII And as for the Governors in the Towns and places having no Voice in the State as at Sluys Berghen op Zoom Hulst Breda the Bosh Willemstadt Mastricht and Wesel the same shall bee disposed by the United Provinces by and according to the usual Commission IX The Commandries of such places shall bee conferred by the State General X. And the Major-ships by the Council of State provided they bee all fit and qualified persons and of the Reformed Religion who together with all other Officers of war shall regulate themselvs according to the Orders of the Land XI Touching the giving Pattents or Commissions and the placing of Garrisons gathering of Leaguers or sending forth any considerable parties to places and upon occasions where the service of the Countrie require's it the same shall bee and remain still in the disposal of the States General with the advice of the Council of State XII Provided that alwaies where any change of Garrison is to bee made the same bee made known to the Provinces Cities and places where the Companies are to bee sent to or taken forth and there bee timely notice given by Letters unto the Provinces where the same Companies are to march through or make their Randevous that order may bee taken accordingly for such marches or Câ—ups and Leaguerings XIII Provided likewise that the State or Government in the respective Provinces if need require shall have libertie each within their own Province to transfer som Companies with Pattents or Commissions from one place for the succor of another which the Officers of the same Companies shall likewise bee bound to obey provided there bee immediately given advertisement thereof to the Generalitie XIV Moreover that the Companies lying at present in Garrisons any where or beeing laid there hereafter they shall bee tied according to the 7 th Article of the Union to swear to the respective Magistrates of the Cities in terms either already used or to bee new framed and where any Companies shall com to lie forth the Cities in the open Countrie for guarding of the streams or the like Oath shall bee made by them to the chief Officers of the said open Countrie XV. Concerning Secret Correspondencie within and without the Land the same shall bee continued and managed by the States General and Council of State by such persons and in such order as may make most for the service of the Land and bee don most secretly and frugally the needful expences whereof shall bee furnished from the Treasurie by the Receiver General XVI As for the deciding and determining of incident questions differences and mis-understandings it would bee advised that the same arising at any time betwixt the Cities and Members of any Province shall bee composed or decided by the ordinarie Court of Justice there in case their Jurisdiction bee well grounded and Commissioners of the Countrie and in default of competent Jurisdiction by such like Commissioners with assumtion of impartial members of som other Court of Justice XVII If there arise any mis-understandings or Differences betwixt two or more Provinces That then the Province pretending to sustein the wrong shall address themselvs to the Assemblie of the States General who shall forthwith seek to dispose the Province complained against to forbearance or friendlie acommodation and that not succeeding to endeavor that from other disengaged Provinces in the matter Commissioners may bee appointed and sent to take off the Dispute or to pronunce sentence upon it XVIII And in Case Differences and Questions should arise among all the Provinces so that they could com to no agreement among themselvs that then there should bee Judges deputed out of the respective Provinces to bring the Questions aforesaid to an amicable Transaction or els to pass sentence upon and determine the same XIX Expressly provided that in the foresaid Case the whole business shall bee so compendified cleared and instructed from all sides that if it bee possible they may bee brought to an issue and dispatch within the space of one month and that withal the parties shall have libertie to refuse all suspected persons on condition that others bee presently supplied in their rooms XX. And the foresaid Commissioners or Judges shall make Oath respectively that they will have no regard or reflexion to any particular Province or Members but impartially judg and pronounce what in equitie shall bee found to conduce most to the tranquillitie and Unitie of the Provinces which Judgment or Sentence shall bee followed and yielded to without any further Exception or Appeal under whatsoëver pretext to bee offered much less allowed of XXI And if so bee that the Commissioners after 2 or 3 summons made by their Hi. Mi. shall fail of having their past sentence effected their Hi. Mi. shall take requisite care and cours that the said Sentence bee not eluded but really executed XXII And there shall neither before nor after bee used or practised any extremities and Acts of hostilitie or reprisals in or among the Provinces XXIII Concerning Religion That the Resolution of their Hi. Mi. agreed Novemb. 6 o. 1646. might still bee adhered to viz. That throughout all the United Provinces and all the Countries and Cities belonging to or associated with them The true reformed Christian Religion shall continue settled so as the same is preached and taught every where at this present in all the publick Churches of these Countries and as it was elucidated by the National Synod at Dort in the year 1619. That the said Religion moreover shall bee maintained in the respective Provinces apart by the power of the Land without suffering any to introduce any alteration in the same Religion That the Placats or Decrees against the Papists formerly published may remain in their Vigor and both those and such others as shall bee published for the future in that
from the Divine Truth to their Superstition and Errors by goodlie promisses of Inheritances and other advantages or threatnings by encreasing or withdrawing means and opportunities of trade and livelihoods by railing at and slandering the Reformed Religion abusing nick-naming affronting beating yea and wounding som even to death that are against their Idolatrie daring to put their consecrated wafers into the mouths of som dying Protestants to shrive and annoint them c. no otherwise then if they lived under the Cross and themselvs had all the Government in Church and Policie in their own hands Whereunto they are mightily set on by an infinite number of Jesuits Priests Monks and Friers who like grashoppers out of the bottomless pit over-spread the Land by thousands and under the color and pretence of Religious Worship do by their fals doctrine withdraw the Inhabitants from the Obedience they owe to their lawful Magistrate debauch infect and poison the younger sort in the Popish Schools which they have here all the land over or causing them to bee brought up without the Land in Popish Universities Schools and Colleges of Jesuits or other pretended Ecclesiastical persons and many both young and old are seduced by Jesuitesses or shee Jesuits and such like femal pretended orders condemned in the Court of Rome it self by Pope John 22 Clements and but lately by Urban 8 Maie 21 1631 as pernitious Sects and therefore prohibited and excommunicated who nevertheless are reported to dwell amongst us to the Number of about 20 thousand doing nothing night and daie but entice and draw away all manner of persons especially such as are sick and lying on their death-bed from the love and profession of the Reformed Religion to the fals and comfortless doctrine of Poperie By all which means they encreas daily in such an extraordinarie manner that they boast of many thousands like-minded with them both in Cities and Countries throughout all the Land and who hath not reason then to stand in fear Hi. Mi. Lords that they may once rise and join together and after the example of Ireland first break the necks of all honest Governors and then fall a murdering and massacring of all the Reformed Protestants according as the manner and genius well known to every one and but too abundantly taught by experience of all Idolaters such as your Hi. Mi. hold these to bee is cruel and their unfaithfulness great they not holding themselvs bound to keep faith with Hereticks and therefore not to bee obliged by any oath of Fidelitie beeing besides daily more and more animated and incensed to all manner of crueltie against the reformed Protestants by promises and perswasions of great merit as appear's by their daily Discourses and that they live where round about they have Neighbors that will bee readiâ— enough to assist them suddenly upon any occasion Do not all these enormities then High M. Lords hold forth just and great reason that the higher Powers should watch against such Violences and provide accordingly for to keep themselvs guiltless of the innocent Blood of such who may easily and on a sudden bee surprised by them according to all those foresaid Considerations Hence it is that in the Name of the Lord Jesus Christ â—ee do here praie and beseech your Hi. Mi. that in obedience to God's Command and following the Example of all Godly Kings and Governors you will bee pleased effectually to remoov whatsoëver doth promote and strengthen Poperie amongst us according to the adjoined means set down by us in that behalf and for the most part extracted out of the publick Acts and Ordinances of the Land Let once wee beseech your Hi. Mi. let those manifold complaints and grievances crying to heaven and those many Remonstrances of the Churches presented in that behalf bee heard and regarded once by your H. M speedie Resolutions and Executions bee issued forth and set a work against all the remonstranced excesses and high banded insolencies which wee do likewise particularly entreat in behalf of the Mayerie the Baronie the Marquisat of Berghen the Countries of Cuyck Ravestein Overmaes c. that together with the Ecclesiastick there may also a Civil Reformation bee instituted to the end that the Churches of God and the well affected ones to the Reformed Religion in these Quarters may thereby bee protected As for other Sectaries and â—rroneous spirits whereof there are but too many in the Land wee humblie praie your Hi. Mi. that they may bee kept within their bounds and no where allowed any further or new privilege of publick Exercise But touching the Jews â— that to them as abominable Blasphemers of our Dear Saviour all publick worship bee interdicted And that likewise all sorts bee restrained from slandering the reformed Religion and from translating and putting forth in Print any kinde of old or new heretical Treatises whereby many of the simpler sort are seduced especially the writings of the Socinians and Arrians which were alwaies wholesomly suppressed by the Government till now of late since the Peace a great many began to bee printed and published without controle Wee could wish likewise from our hearts Hi. Mi. Lords that the States of the respective Provinces here gathered together at present would encourage one another for to take like order and coâ—â—ses every one in their Province against the great â—ins and Lanâ—destroying abominations which through cours of time the witness of Satan bad examples contemt of God's Holie Word Unbelief and want of censure and punishment are broken in and have taken root among us such as are the observing still of the Feast or Holy-daies the horrible cursing and blaspheming of God's Holiâ— Namâ— by old and young even to the children the unspeakable perjuries committed by all sorts of men there beeing so little heed taken both to the administring or keeping of Oatâ—s the general profanation of the holie Sabbath the many murders and easie procuâ—ing of pardons for them the filthie Resorts and Brothel-houses Dancing-schools Gaming places Play-houses Rope dauncings the very baits and lures to all manner of corruption and vanities the prohibited scandalous and incestuous marriages the excess of pride and haughtiness and the sumtuositie in Apparel and Entertainments to the undoing and râ—ine of many Families and such like other crying sins more for which God's Wrath is kindling against our dear Fatherland and which are the causes of so many hot diseases decay and want of Trade great inundations dearth and scarcitie the taking away of the righteous and pretious of the land wherewith God hath begun to visit us the year past and his hand is not taken off yet Not to detain your Hi. Mi. any longer wee do in conclusion once again in all humilitie pray entreat and beâ—â—ech you in the Name of the King of Kings by whom Princes reign that yoâ—â— H. M. will bee pleased in the beginning of thiâ— great and Iâ—â—ustrious Assemblie to take aâ— eâ—â—ectual stedfast Resolution for the settling of the Reformed Religion
pleased to assert in their Proposition that since the constitution of the Peace it was needless to trouble our selvs with the choosing of a new Captain General especially there beeing none left at present of the Hous of Orange actually fit for it The Province Friesland declare's that they are of opinion that in time of Peace War must bee thought upon and that the nature of War require's it if it shall bee safely managed to bee committed to one both in regard of secret intelligences without which none can stand upon his guard nor any thing bee kept private enough for the executing or preventing of Stratagems whereof wee have had many experiments and to bee alwaies in readiness upon any incident occasion wee especially at this time by reason of our doubtful peace with the King of Spain who continue's in arms still hovering continually about our frontiers and shall never want for pretences if hee can finde an opportunitie to break with us to his advantage for to begin a Deliberation about a General when the Enemie shall bee upon us will prove too late indeeds and the histories of our own age can sufficienly shew what dammage the Common wealth hath formerly suffered on such occasions according to the old saying Dum Romae deliberatur perit Saguntum Whiles they consult at Rome the enemies take Saguntum And put case there was none to bee found of the Hous of Orange at present fit or capable to bee General yet there are those of the Stock and Stem-hous of the Princes of Orange whose Fathers Brothers Uncles Kindred and Allies have shed their blood for the welfare of these Countries and themselvs also at the end of the War have by exploits personally made it appear what they were ready and willing to live and die for And therefore to let those merits pass by unrewarded or to die out and exspire by process of time and by little and little to translate the acknowledgment due to them unto another familie this the Province of Friesland cannot look upon but as a matter of evil consequence and what doubtless will bee strangely reflected on by many good Patriots and well-affected forreign Lords and Potentates Wherefore they refer to your Hi. Mi. serious consideration whether the Dignitie of Captain General might not conveniently bee conferred upon the present young born Prince quoad Titulum honorem fully to bee invested with it at his maturitie with such instructions as to your Hi. Mi shall seem good to frame besides and in the mean time settle such order for the Lievtenant General that the Difficulties which their Hi. Mi. mentioned concerning this matter may bee avoided and alwaies obviated thereby to make known to all the world to the immortal glorie of the Hous of Orange that the United Provinces had so much confidence in it as to trust a well ordered Militia requisite for the welfare both of Church and State even to the shadow of the same The Province of Friesland my Lords is of opinion that if your Hi. Mi. will bee pleased to weigh these their foresaid Considerations the following points of removing the Garrisons and passing of Patents or Commissions will much the sooner bee agreed on Points of Consideration propounded in the General Assemblie of the joint United Provinces by the Citie of Groninghen and the Omlands at the Haghe A o 1651. High and Mightie Lords FOrasmuch as upon the serious Desire and further instance as of the Lords the Ordinarie Deputies here of the Provinces so also in particular of the Lords the States of Holland and West-Friesland the joint Confederates of this United State beeing through God's gracious blessing met here together in such a solemn manner as never happened before seem all of them to aim at and agree in this That the true Christian Reformed Religion as the same is publickly taught in the Churches of this State and was confirmed and ' elucidated out of the Word of God in the National Synod of Dort in the years 1618 and 1619. and the Union and everlasting Alliance made at Utrecht Anno 1579. and a well-ordered Militia these three things unitedly together are the fundamentals of this State and so conditioned that any one of these beeing less zealously taken to heart then the other The Concord and consequently the welfare of this State must needs immediately exspect an irreparable flaw and detriment The Lords of the Citie and Land therefore viewing and well weighing that the present constitution of the times and the important affairs which sutably to the undoubted presupposition of the foresaid 3 main points are to bee alter'd or otherwise disposed in this your H. M. most solemn Assemblie do referr unto your H. M. Consideration Whether these high Matters and Consultations ought not to begin from the most excellent and highest point of all that is to saie from the true reformed Christian Religion and the uncorrupted publick worship of God To make manie words of the truth and efficacious operation thereof will bee needless here Onely the Lords of Citie and Lands would reminde your H. M of this ever undoubted Maxime That all good gifts blessings and prosperitie of these Countries and the Inhabitants thereof must com from the great and merciful God who therefore ought to bee worshipped and heartily praied unto Whence wee conceiv it very necessarie if in these high and important affairs wee would partake of God's gracious blessing without which all our consultations will bee abortive to minde and take in hand the things immediately concerning the sincere and true worship of Him above and before all other Worldly concernments And that not onely by such words as these Religion shall bee maintained even if need require with the mightie hand that beeing formerly agreed upon by the Members of the Union but by a real maintenance thereof in which behalf the Lords of Groninghen and Omlands refer to their H. M. consideration Whether there ought not Vigorous means bee provided by the joint Provinces to the end that throughout them all though in each by themselvs and in all the associated Countries and Towns effectual courses may bee taken as well as unanimous Resolutions past and Ordinances publisht for the restraining suppressing and punishing of Popish Conventicles which do daily so encreas in Number and insolencie that without rigorous and present proceedings against them this State cannot but incurr great danger Consequently also that the Seminaries of this Poperie that is to saie the places or Schools where the Youth from their infancie are nourisht up and embibed like a new earthen pot with those abominable superstitions may de facto bee put down and abolished they having hitherto been suffered and continued in this State not by connivance onely but openly and daringly to the great grief of many faithful Patriots That withal there bee to this end upon all events a readie moderation and means devised against the unlimited coming in of the Popish Clergie who do not onely
of the foresaid Instruction promiss to obey the Council of State settled or hereafter to bee settled by the States General So that the foresaid Instruction it self doth speak about this very business in more express and plainer terms then those are wherewith their N. G. M. have formerly exprest their assertion As likewise the same Autoritie of the Council doth manifestly appear out of the whole frame and tenor of the said Instruction besides many other publick Acts and Resolutions held needless to bee rehearsed here And verily the matter it self of directing and ordering of War and things apperteining thereunto is of that nature that the same connot fruitfully nor so as the service of the Common safetie and protection requireth bee managed elswhere no not by name in the Assemblie of the States General beeing that there are sitting such who beeing engaged by Oath to the particular Provinces from which they are sent and not to the Generalitie may easily bee so possest with the interest of their particular Provinces that thereby the necessarie protection of the General Bodie of the State may com to bee neglected and prejudiced for which reason Prince William of blessed memorie great Grandfather to the present Prince of Orange seriously urged it in his time and brought it so far to pass also that with the approbation of the joint Confederates the foresaid Direction was referred to such a College to wit the Council of State wherein the Deputies for the respective Provinces Members of the said Council though not alike for number from each in regard of the different contribution and interest in the conservation of the General State yet are all of them engaged by Oath to renounce all particular Correspondence with either Province Cities or private and particular persons in any matter or manner as might bee prejudicial to the common good and that without any respect to the Province or Cities where they were born or chosen or their own or any others particular profit they beeing to have nothing before their eies but the glorie of God and the welfare and conservation of the foresaid Land and general affairs of the Common wealth c. And that the said Council of State successively used and exercised the foresaid power and autoritie much more absolutely then the actual possession for som years hitherto held forth appear's not onely by their Register books and known Histories but there are many likewise yet among us which remember full well that the said Council the more commodiously to exercise the foresaid autoritie were wont to go forth themselvs with the Leaguers together with the Generals or at least to quarter in som places near hand them to caus them to execute their Commands for the serviâ—â— of the Land with the greater promtitude For which end it is plainly set down in the 25 Article of the foresaid Instruction That the Residence of the Council shall bee kept in a commodious and secure place of the United Provinces without beeing tied to any place precisely but they may gather and assemble where the service and common good of the Land especially the Direction of the affairs of War note doth require it So that it beeing now abundantly proved that the Direction of Militarie affairs is by the States referred to the Council of State and their N. Gr. M. finding no reason why a business firmly settled with mature Deliberation by the Confederates should bee receded from they are firmly confident there will bee no further proof desired for the verification of their first point For the Justification of the Second namely That to the States of the particular Provinces or their Comission'd Counsellors doth appertain the right of transplacing or causing to bee transplaced such Companies as lie within their respective Provinces without any further address there shall bee laid down for a fundamental rule that true Declaration of the States of Holland and Zealand made long ago in the year 1587 by their Resolution of Febr. 6. That of all antient times and particularly under the Emperor Charls it hath been in the Charge and disposition of the Governor and Captain General of Holland Zealand and Westfriesland to take care that all the Cities and strong holds of the said Countries might bee kept in good securitie and defence and that by Articles and Instructions made with the Roial Majestie of England about the undertaking of the Sovereigntie of these Countries it was expresly resolved that the besetting of Cities and holds with faithful Garrisons should remain in the Disposition of the Governors of the respective Provinces together with the States thereof or their Comissioners For application of which true fundamental Rule their N. Gr. M. desire to premise that which is evident and clear in it self viz. That all that hath been don in former times in these United Provinces and is don to this daie in Friesland Groninghen and the Omlands by particular Governors or Captains General of the respective Provinces the same is purely and absolutely Provincial and in effect the proper and peculiar fact of the respective States or Countries that gave those Governors or Captains General their Commission Thus then it beeing clear and manifest not onely out of the forementioned Declaration of the States of Holland and Zealand but also out of many other publick Acts that the besetting or garrisoning of the Cities and Holds or Forts in the Land was ever left to the disposing of the particular Governors of the respective Provinces together with the States thereof or their Commission'd Council it must follow that the besetting of the Cities and Forts in the respective Provinces hath ever purely and absolutely been and remained in effect the proper and peculiar right and fact of the States of the respective Provinces or their Commission'd Council Which is so much the more confirmed by the same Resolution of Feb. 6 158â— forasmuch as that it is not onely said there That his Excell câ—e of Nassaw Prince Maurice of immortal mimorie who was onely particular Stadtholder or Governor of Holland and Zealand without having the Commission then of the Generalitie should have the disposing and managing of the affairs of War by Land in Holland and Zealand and particularly the besetting of all Cities and Forts of those Countries by the Advice of the States thereof or their Commissioners But also that the removing or transplacing the encreasing deminishing or altering of the Garrisons of the Cities and Forts of Holland Zealand and West-Friesland should bee don by the Orders of his foresaid Excell cie of Nassaw with the advice of the States forenamed or their Commissioners It beeing very considerable that at the very same time the Earl of Leicester had absolute Commission from the States General as Governor and Captain General not simply of the leaguers or over the Souldierie onely without the Voicing Provinces so as the successive Princes of Orange had their Commissions of Captain General limited and circumscribed but absolutely over all
to the said Provincial Government privative absolutely and so far forth that the Countrie hath enjoin'd their Deputies not onely to exercise and maintain the same right but also in case any Souldiers came marching into the same Province upon any other Order to keep off and hinder them de facto To this same end serv also the 5. 11. and 17. Articles of the Instruction whereupon Prince Maurice of immortal memorie in the year 1590. item the 11. 17 Artic. whereupon Prince Henrie in the year 1625. were received Stadt-holders of the foresaid Province wherein there are especially observable the said 11 th Articleimporting That the Stadt-holder bee not permitted to put any Garrison into the Cities without the fore-knowledg and consent of the respective Magistrates and the said 17 th Article ordaining that if his Excellencie shall not bee within the Countrie the Government shall bee exercised by the Landship or Land Deputies to whom the Souldierie shall bee bound to yield as perfect obedience as to his Excellencie himself As for the Provinces of Holland and Zealand over and above that which hath been amply deduced in this behalf out of their fore-cited Resolution of Feb. 6. 1587. there is a very pertinent passage in the instruction for the Commission'd Counsel of their N. Gr. M. made in the year 1590 and contained in the 38 th Article thereof where it beeing first ordained in general that the said Commissioners should issue forth all their Dispatches or Orders under the Title of the Commissioners of Holland and West-friesland there are afterwards by waie of Exception subjoined these following words safe notwithstanding the Dispatches and Commands to the Souldierie which they shall issue forth in the Name of his Excellencie with advice of the Commission'd Counsel aforesaid As likewise in the later Instruction of the foresaid Commission'd Counsel of the year 1623. Artic. 35. the same is ordained more streightly yet even with Exclusion of the Governor of the Province That namely the Dispatches and Commands to the Souldierie shall bee issued in the name of the L ds the States with reference to the Commission'd Counsel It beeing also given in charge to the respective Stadt-holders of Holland and Zealand by the States of the said Provinces in their Instruction Artic. 6. together with the Deputie Counsel to look to all the needful Garrisons securitie and protection of the foresaid Countries Cities Forts Ports Waters and Rivers thereof All which is yet further confirmed by the contents of the 5. 31. 35. Artic. of the former-cited Instruction of the Commission'd Counsel and those of the 5. 28. 32. Artic. of their later last cited Instruction In conformitie whereof also the Patents within the Province of Holland were given and dispatcht in the former times by the foresaid Commission'd Counsel and confirmed with their Seal and Secretaries Signature in the Name of the Stadt-holders and Governors with these express words inserted with advice of the Commission'd Council whereof for example there shall bee a copie set down here of a Patent given and dispatched by the said Commission'd Council April 17 0. 1595. word for word as followeth Maurice born Prince of Orange Earl of Nassaw c. Marquis of Vere Flushing Governor and Captain General over Gelderland Holland Zealand West-Friesland Zutphen Utrecht Over-Yssell c. Admiral and General By the advice of the Commissioned Council of the States of Holland and West-Friesland chargeth and ordaineth by these Captain Strackman to transport himself to the Citie of Goude and there to abide for a certain short time till further order from his Excellencie Don at the Haghe under the Seal of the forementioned Commission'd-Council underneath stood By his Excellencie according to the ordinance of the Commission'd Council of the States of Holland and West-friesland and was signed C. de Rechtere And although for som years hitherto the last Stadt-holders may have past and given som Patents of themselvs without the knowledg of the Commission'd Council it is considerable nevertheless that the same beeing don by them as Stadt-holders and Governors particular of the said Province and consequently in the Name of the same Province in particular and not in the Name of the Generalitie the Right of the Province is no whit impaired thereby Coming now to the Citie Towns and Lands of Utrecht there are divers pertinent passages in the Instruction for their Stadt-holders or Governors to prove what hath been said before and particularly the passage of the 11 th Article thereof importing that if it bee found needful any Garrison should bee put into the foresaid Citie or Towns the same shall not bee don but by the Patent of the Governor with consent of the States or their Deputies under a certain restriction about the same Governor's absence set down there more at large As the same is yet further elucidated in the 13. and 14. Articles of the foresaid Instruction The States of the Province of Friesland speak very clearly in the Instruction framed for their Deputie-States and especially in the 33. Article of the same in these words Whereas the Plenipotentiaries are assured that the Garrisons have generally been transplaced and changed by the sole command of his Lordship the Governor and never with the advice of the Lords Deputies and the Plenipotentiaries judging that the said transplacing of the Garrisons is a principal point of the Government of this Countrie Note that here the transplacing of the Garrisons is said to to bee a principal point of the particular or Provincial Government of Friesland therefore they the Plenipotentiaries do ordain their Deputies to suffer no more henceforward any transplacing of Garrisons to bee made otherwise then with express consent and advice of the said Deputies c. It beeing very pertinent withal to this purpose what is said in the end of the 31. Article of the foresaid Instruction namely That the Captains and Commanders having Companies under them shall stand engaged to bee readie for the service and protection of the Countrie in all places and quarters where the same shall bee appointed them by the Governor and Deputie-States to pass by divers other places of the same Instruction applicable to this purpose which their N. Gr. M. judg needless notwithstanding here to enumerate Onely for further Confirmation thereof let the 8 th Article speak of the Instruction whereupon his Lp Count Henrie of Nassaw whilom in the year 1632 and afterwards his Excellcie Count William received the Government of the foresaid Province it beeing therein ordained That the Stadt-holder shall govern himself according to the foresaid Instruction of the Deputie-States for so much as the same concern's his Person especially about placing of Garrisons in which regard they must precisely observ the foresaid 33 Article of the Instruction for the Deputies provided alwaies that in the absence of the L d Stadt-holder the Government of the foresaid Countrie shall remain in the sole disposition or administration of the said
common advice of the Provinces shall bee agreed on And as wee are confident Hi. Mi. Lords that you will take these our considerations seriously to heart so wee will not doubt neither but that according to your eminent wisdom and antient zeal for the common good you will take a speedie and couragious resolution and cours for the refreining and suppression of the foresâ—id vâ—le enormities and corruptions to the end that Justice may bee administred with all integritie the Government duly served the Subjects protected against all violence and a free passage opened for Virtue Knowledg Honestie and Pietie discountenancing and suppressing all oppreâ—sion and profaness Whereupon wee shall bee able to rest secure That God Almightie the Autor and Protector of this flourishing Republick will bless and prosper all your H. M. Deliberation and Resolution in this great and solemâ— Assemblie to the continual preservation and maintenance of the same Here followeth the Old Instructions for the Council of State Instructions for the Council of State of the Vnited Netherlands according to which the Lords lawfully commissioned and to bee commissioned are provisionally and till it shall bee otherwise ordered by the States General to manage and direct the affairs concerning the common state the defence conservation and Vnion of the foresaid Countries I. IN the foresaid Council there shall bee comprehended and at all times appear have place and voice therein the Governors of the respective Provinces where they are and matters shall bee handled deliberated and treated in the said Council with all due reverence respect and modestie for most service of the foresaid Countries and the good unitie and friendship among them and and the Cities and members thereof together with the mutual concord of the Lords assembling in that Council And the Governors of the respective Provinces and the President of the foresaid Council for the time beeing are desired to take good provident care that all particular affections jangling and impertinent motions not concerning the matters and affairs under Deliberation may bee prevented and hindered II. In the foresaid Council there shall not bee together such as are allied by consanguinitie in the fourth degree and by affinitie in the second according as the same are accounted by the Civil Laws III. And for the better direction and managing of all emergent businesses The same Council shall ordinarily assemble at 9 of the clock in the forenoon and at 3 in the afternoon and none of the Counsellors shall bee allowed to depart or go forth without acquainting the Lord President therewith And the said Counsellors shall bee obliged to repair and appear constantly at the place where the said Council shall negociate and to bee readie to to meet at any time when they shall bee desired except they have lawful excuses IV. The foresaid Council shall have a special regard that the Countries and United Provinces Cities and Members thereof may conformably to the confederacies made and established betwixt them bee settled and kept in Unitie and Concord both amongst themselvs and with the Governors and militarie Commanders as also the Governors and the Commanders amongst themselvs V. And the said Council shall have and exercise the Autoritie to dispose in matters of War and over all the Souldierie beeing in the Lands service causing their Commands to bee performed by the foresaid Governors of the Provinces for the time beeing the Admiral or other offâ—cers every one in his place VI. Conditioned they the said Council do nor attempt nothing which might tend to the prejudice of the Privileges Rights Liberties Treaties Contracts Ordinances Statutes Decrees and Customs of the said Countries in general or of any Provinces Cities or Members thereof in particular VII The said Council shall endeavor that the general means agreed or to bee agreed on and committed or to bee committed to their disposing by the consent of the Provinces for the Lands Defens may uniformly and generally bee raised throughout all the United Provinces the Associated Countries Cities and Members thereof together with the Quarters resorting under the Generalitie in particular and that the Farmers and Collectors thereof bee maintained for the getting of it in and executing of what shall bee farmed out to them or commanded to bee collected and that the trespassing of the Ordinances made in that behalf or to bee made bee punished without any connivance The Council of Brabant or Flanders beeing exempted from meddling at all with any of the foresaid Means or Questions and Differences arising thence VIII And for the raising of the said general means they shall follow and execute such Instructions and Ordinances as are made or to bee made in that behalf by the States General IX And for the getting in and executing the said Common means together with the agreements or Subsidies of of the Provinces and in manner as they shall bee appointed the foresaid Council shall proceed against the Debitors Farmers and Collectors as also against the Inhabitants of the Provinces and Cities beeing in default and their goods as in former times the custom was to proceed in these Countries about the actions and monies of the Prince and according to the Executorials to bee granted in that behalf provided that none shall bee summoned forth the Province where hee inhabit's without the consent of the States of the same Province X. They shall take care and narrowly look to that all such as are accountable for the Generalities means duely bring in their accounts at the Generalities Chequer or Chamber accountant XI The monies proceeding of the foresaid assented means and other consents shall bee used and emploied for the paiement of the Souldierie and other requisites of War according to the agreements of the respective Provinces or so as the Provinces in general shall ordein for most profit of the Land and especially shall there bee good order settled for the mustering and militarie discipline and that the Souldierie may bee paid by the head or pole XII They shall take care and streightly oblige the Captains in the Land-service under pain of cashiering that they paie and caus to bee delivered to their Souldiers the full paie according to the order of the Land without also abating to the said souldiers the eight daie and those by whose information any trespassing of the order aforesaid shall bee discovered they shall take special notice of to further and advance them according as opportunitie shall bee given XIII All Patents or Commissions and Command to bee addressed to the Souldierie shall bee signed by three of the Council beeing of distinct Provinces and by the Secretarie XIV As likewise all Orders for Paiments shall bee signed by the Treasurer and three of the Council beeing of several Provinces and by the Secretarie of the said Council and no Orders of paiment shall bee held authentick but such as shall bee signed in manner aforesaid with a Note Registred folio tali upon it XV. They shall likewise endeavor and further as far as
shall bee needful that the Convoys according to the Agreements and Lists made or to bee made yet by the States General in that behalf and so likewise the free passages according to the Lists appointed and to bee appointed bee uniformly raised and executed and that neither the States nor the Governors of the particular Provinces nor the Magistrates or Commons of any Cities or places nor any other whosoêver do hinder or impede the passages and transport of the goods which are duly provided with their Convoys and Passes according to the Lists aforesaid nor that any whosoêver require or take ought above the aforesaid lists of those goods and that the contrarie thereof whether directly or indirectly committed may receiv exemplarie punishment XVI They shall let the Cities enjoie their Custom in time of exigencie and when matters can suffer no delaie to arm themselvs by Sea and to set out Ships of War at the charge of the Land that they may bee paid out of the foresaid means and that against all Pyrates and other such like enemies of the Common-weal to resist the same and to reduce them under their power on condition nevertheless that the cognizance both of persons ships and goods shall lie in the Decision of the Courts of Admiraltie settled or yet to bee settled in the respective Quarters of those Provinces which negotiate and traffick by Sea XVII The Council of State shall bee obliged to deliver up to the States General and to the States of the particular Provinces an exact state from three months to three months of the List of War and the Incoms of the means to bee agreed on and the emploiment or expending of the same XVIII They shall keep an exact List of the besetting or garrisoning of all Cities Forts and places so as the same shall bee conditioned from time to time and shall bee obliged to yield at all times copies thereof to the Provinces desiring the same XIX They shall take care to their utmost that the Pales and Limits of the foresaid Provinces respectively bee not lessened and that all Cities and places resorting under the Generalitie bee brought and reduced under equal Contribution for the common defence of the Land as much as may bee possibly and that the like bee used in regard of the Cities and places which shall bee recovered hereafter XX. They shall take care that all Governors Admirals Generals Collonels Ritmasters Captains and all men belonging to the Wars by Sea and Land shall promiss and swear unto the United Countries jointly abiding in the Union and maintenance of the Reformed Religion to the States of the Provinces and Magistrates of the Cities where they are emploied and at whose charge and repartition they are paid to bee true and faithful to them faithfully to serv them and readily to obey the aforesaid States General and also the States of the particular Provinces each in their respective concernments and that the Governors likewise of the Provinces and their Generals shall promiss to obey the Council of State instituted or to bee hereafter instituted by the States General and that the Collonels Ritmasters Captains and all the rest of the Souldierie shall likewise further promiss and swear duly to obey the commands of the Governors of the Provinces where they are and the souldiers at Sea the Commands of the Admiral and all such other Officers and Commanders as shall bee set over them XXI They shall entertain all Treaties and Alliances made by the United Countries the Provinces Cities and Members thereof with the Neighbor-Kingdoms Countries and Republicks and for that end and the advancement of the Trade and Traffick of these Countries they shall entertain good Correspondencie Friendship and Neighborhood with forrein States and Princes the Kingdoms Republicks Countries and Cities round about by all the best means they can devise XXII They of the Council aforesaid and each of them coming to Vote they shall openly and plainly declare what in honor dutie and conscience they shall think good whether it bee by conforming themselvs with the opinion of others which they approve for to avoid repetitions or as they shall think best by other arguments and considerations And all matters shall bee determined in the said Council by most voices of the Lords present having voted thereupon and if so bee the matters concern directly or indirectly any of the said Council either in regard of their own persons or their Kindred and Allies unto the fourth degree the same shall not bee allowed to give his advice therein nor bee present at the Deliberation and Conclusion thereof but shall withdraw and remain without the Council-Chamber during the said Deliberation XXIII Nothing shall bee finally determined or decreed in the foresaid Council but in the presence of all the Lords of the Council which shall bee present or resident in the place where the Council shall bee kept or at least the greater part of them XXIV The Council shall not assemble about nor resolv upon any Extraordinarie Business but with precedent intimation thereof to all the Counsellors resident at the place XXV They shall dispose of no grants to give any nor continue such as the States General shall have granted for a certain space of years after the exspiration thereof nor allow any pensions or Annuities at the Charge of the Land nor any resignation of Offices XXVI They shall grant no Remissions to Farmers or other Debtors of the common Land otherwise then in the presence of all the Council and at the least with two thirds of the voices XXVII They shall put out all works publickly and allow of no continuation of works undertaken upon pain to make satisfaction themselvs in particular of the dammage which the Common-wealth may chance to incurr thereby XXVIII The foresaid Council shall not bee allowed to have any part or share directly or indirectly in any Works alreadie put out or to bee put out hereafter for the service of the Common-wealth nor in any Convoyes Imposts or other common means nor in any Powder Shot Artillerie Arms Corn Rie Oates Butter Chees or any other victuals ammunition and such like militarie requisites whatëver they may bee which are to bee emploied for the profit and service of the publick affairs nor shall they buy or under any other Title undertake or grant any Ordinances which at the charge of the Land are granted in common or of any Province in particular neither by themselvs their wives children families nor by any any other whosoëver nor participate in the buying undertaking and disposing thereof by others directly or indirectly nor yet themselvs their wives children families or any other in that behalf receiv enjoy or make use of any gifts presents or gratuities of any thing how small soever even to eating and drinking wares from or by whomsoever it bee whether Cities Courts publick or private persons whom they know to have any business before the Council or that they are like to have any
the foresaid Persons beeing culpable even to definitive Sentence which shall stand and bee made effectual without any further appeal thence to our selvs or any Court whatsoever XXXIV All Commissions Orders Instructions Letters and Dispatches shall bee under written by the name at length of the Council's President and beeing thus underwritten shall further bee signed by one of the Provincial Governors or by som other member of the Council and that in case the same shall bee judged needful by the Council for the importance of the marter and by the Secretarie of the Council without letting the same com into any other hands or communicating it with any besides those of the Council and the Secretarie shall keep good and exact Registers or Record-books of all the Resolutions and Determinations of matters and affairs treated and concluded at the the said Council at leastwise of all such as shall bee of any importance and notable consideration and the businesses and matters beeing concluded and agreed on by common or most voices all the members of the said Council indifferently whether they were present or absent of the same or a contrarie opinion shall jointly without any further contradiction contribute all endeavors towards the well-managing effecting and maintaining the foresaid Conclusions and Resolutions XXXV The Council of State shall have power to summon the States General of the United Provinces necessitie requiring the same to certain commodious and safe places of the United Provinces who shall make their appearance there without prejudice nevertheless of their Privileges not to bee called or summoned forth the Provinces XXXVI The Residence of the foresaid Council shall bee kept in a commodious and safe place of the United Provinces without beeing tied to remain precisely in one place but they may assemble at any place where the service and common good of the land and especially the Direction of the affairs of War shall require it XXXVII The Entertainment of the Counsellors shall bee 1500 pounds Flemish a piece by the year to bee paid them by the Province by whom they are appointed from three months to three months whereupon they shall maintein themselvs honorably befitting their state without nevertheless bringing any extraordinarie charge upon the Land other then Convoys and transportation and what shall further bee ordered in that behalf and if any of the Council com to deceas or resign his place the Province by whom hee was appointed shall nominate another fit person acceptable to the States General to bee admitted by them XXXVIII Besides this Council there shall bee entertained a Treasurer and Receiver-general for to accommodate them with their Salaries XXXIX The Secretaries Entertainment shall bee of 800 pounds Flemish a year and that upon such instructions as the States General with advice of the Council of State have made already or shall make hereafter XL. The Dispatches of such businesses as according to this Instruction are at the foresaid Council's disposal beeing of that importance and consideration that touching matters of War they issued forth in former times in the Name of the Princes of these Countries they shall go forth now in the Name and under the Seal and Counter-seal and Signet of the States General of the United Netherlands by advice of the Council with this subscription In relation of their Council of State XLI And such Dispatches as are not of that great consideration and importance they shall issue forth in the Name of the Council of State of the United Provinces howbeit under the Seal Counter-seal and Signet of the States General afâ—resaid XLII The Seal shall bee kept by one of the Counsellors to bee appointed thereunto who shall bee answerable for it and not suffer in no wise to let it com into any other hand and shall keep a good Register and Counterroul of all Dispatches past the Seal and bee paid according to the Tax set by the States General or to bee set yet and the profits thence arising shall bee disposed for the paying of the Officers of the foresaid Council and other necessarie Expences at the Council's Disposal XLIII The foresaid States General understanding all this so that for the conservation of the Right of the United Countries in general and particular they do not at all by this Instruction or appointment of a Government and Council of State abdicate or resign the Power and Right of the States General or the States of the Provinces in particular each one as much as appertain's to him in times of necessitie or when the affairs of the Countrie shall require the same themselvs to appoint and exercise orders and directions of militarie affairs by Sea and Land for the service of the Countrie otherwise by them committed to the disposal of the foresaid Council together with all such things as have relation thereunto especially also the musterings keeping of militarie discipline and punishing of all exorbitancies And as for all other matters concerning the state policie and justice of the foresaid Countries Cities and members thereof in general and in particular not expressly committed to the disposal of the Council they shall remain at the disposal of the States General the States of the particular Provinces the Magistrates of the Cities and other lawful Superiours respectively and the States of the respective Provinces do reserv unto themselvs the right of giving of Patents to the Train-bands if at any time of need it shall bee requisite for the service of the Land to lead and employ them forth their own Cities without any intermedling of the Council in giving of any such Patents XLIV The Members of the Council of State aforesaid shall at the beginning of their service purge themselvs and declare by Oath that for the obteining of the said Emploiment they neither gave nor promised any monie or monie-worth nor any thing whatsoëver nor shall give or promiss ought in that kinde directly or indirectly and moreover promiss and swear into the hands of the States General or their Deputies to bee true and faithful to the said States General of the Provinces which shall remain in the Union and maintenance of the true Christian Religion and renounce by Oath all particular Correspondencie with either Provinces Cities or private and particular persons so far forth namely as the same shall bee prejudicial to the common interest and that without any by regard to the Provinces or Cities where they are born or chosen or to any particular profit from thence or any other having nothing before their eies but the Honor of God and the welfare and preservation of the foresaid Countries and the Common Interest and that they will reveal nothing of the Communications Deliberations or Resolutions which ought to remain secret and and that forth the Council they shall commune with no bodie about the same and especially with no Ministers of Forrein Kings Princes States and Common-wealths in what companie and with whomsoëver unless it were with som of the said Council of
which Officers and Souldiers in militarie matters may commit among themselvs and no further so that all other matters whether Criminal or Civil shall make the Souldierie or Militarie persons lyable to bee aprehended indited sentenced and executed by the Civil or Criminal Judges whose sentences bee they about matters of debts or otherwise shall in default of other satisfaction bee put in execution according to the order of the Land The Governors in the Cities and places having no voices in the State as at Sluys Berghen of Zoom Hulst Breda the Bosch Willemstadt Mastricht and Wessel shall bee appointed by the Provinces and that with the usual Commissions the Commanderies of other such like places by the States General The Majorships by the Council of State The Militarie Officers to bee admitted hereafter ought all of them to profess the Reformed Religion As for the giving of Patents or Commissions and transplacing of Garrisons gathering of Camps and Leaguers or sending forth considerable troops or squadrons to places and upon occasions where the service of the Land requireth it the same shall bee and remain in the disposition of the States General with advice of the Council of State And their Hi. M. are to conclude and determine therein by the pluralitie of voices provided that if any alteration com to bee made the same bee made known to the Provinces Cities and places where the Companies are to bee sent to or taken forth As likewise timely notice is to bee given by Letters to the Provinces where the said Companies are to pass or randevouz that orders and courses may bee taken about their marchings and quarters provided that the Governments of the Respective Provinces shall have libertie also to send Companies from one place to another for the securitie thereof and the Officers of the said Companies bee bound to obey them they giving immediate advertisement thereof to their Hi. Mi. And that furthermore all such Companies as are any where in Garrison now or may bee put in hereafter shall bee obliged to swear to the respective Cities according to the 17 th Article of the Union and the form alreadie made or to bee made or to the chief Officers in the open Countrie in case Necessitie should require to put any Companies there for the keeping of Rivers or otherwise The Cities antiently exempted and privileged of beeing molested with any Garrison against their will they shall remain in their old right and possession thereof and not bee prejudiced therein at all As for Secret Correspondencie both within and without the Land the same shall bee kept and continued with their Hi. Mi. and the Council of State by such persons and in such order as their Hi. Mi. and the Council of State shall think fitting and requisite for most service of the Land and most secret managing thereof with the least chargeableness that may bee the monies for it beeing to bee furnished from the Treasurie by the Receiver-General Besides all these foresaid Inclinations and Considerations the present Lords of the Province of Over-Yssell reserâ— to themselvs the libertie of taking off or adding what they shall judg fit and requisite for most service of the Countrie Upon Februarii 13 o there beeing com in now the Inclinations and Considerations of all the Provinces upon the Overture and Proposition made by and in behalf of Holland Januar. 18 o. The Lords of Holland propounded by word of mouth and delivered in writing their further considerations for contracting the affairs of the Great Assemblie in manner as followeth The Lords the States of Holland and West-Friesland have brought into the Assemblie and made overture of their further Considerations for dispatching the affairs of this great Assemblie by distinguishing things purely provincial concerning which they have likewise declared themselvs in manner as will bee shewed by and by and things properly to bee deliberated by this Assemblie containing in effect That the said Lords the States of Holland and West-Friesland having perused and examined the respective Considerations served in by the Provinces at the said great Assemblie they judged thereupon that the matters contained in the said Considerations are som of them purely Provincial and do not belong to the Deliberation and Ordering of the said Assemblie but wholly and solely to the managing of the Respective Provinces and others som belong purely to the managing of the Common Union and consequently to the Deliberation of the foresaid great Assemblie That the things which their No. Mi. judged to bee provincial and wholly and solely to belong to the managing of the States of the Respective Provinces are these following I. The appointing of Stad-holders or forbearing it at the States pleasure in every Province II. The disposing of the Commanderies and Major-ships in the Cities and Forts within the respective United Provinces together with their Condependencies III. The keeping of the keies by such Cities as have voices in the State and the giving of the watch-word by the Magistrates of the said Cities IV. The jurisdiction over the Militia in all things which are not purely Militarie V. The disposing of the Collonel-ships Captain-ships and lesser charges of their own Repartition VI. The transplacing of the Garrisons within the respective Provinces with the condependencies VII The swearing of the Souldierie by the States of the Province and Magistrates of the Cities where any Souldierie is put in Garrison besides the oath which the said Souldierie is bound to make to the Provinces upon whose Repartition they stand That their No. Mi. conceiv the foresaid matters ought wholly and solely to remain in the Disposing of the States of the Respective Provinces every one apart declaring withal that their N. M. intending to make use of this Right within their own Government they shall bee well content that the Provinces and members of them shall as they think good make use of and improve the same Right and therefore they hold it expedient That the Officers Militarie may bee written unto from this Board in that behalf for to submit themselvs in what is said before to the States of the respective Provinces and Members thereof and to obey the same therein That the matters which their N. M. judged to belong properly to the managing of the Common Union and consequently ought to bee deliberated in this Assemblie are I. Whether in the General Direction and Disposition of Militarie affairs and the Armie or Souldierie by common advice of the Confederates formerly referred unto the Council of State it will bee thought good to make any alteration therein II. By whom and in what manner the Patents or Commissions shall bee given to such of the Armie as are without the limits of the United Provinces III. In what manner the voicing Provinces and the Cities thereof shall receiv Garrisons and give waie to Marches and Randevouzes IV. In what manner any Souldierie shall bee drawn forth out of voicing Provinces and the Cities thereof V. To whom it shall bee
Direction and Disposition in militarie affairs together with the giving of Patents or Commissions Upon the 18 th the said 2 points beeing taken into further Debate and a further proposition likewise presented by the Lords of Gelderland and som other Provinces that there might bee a Committee appointed of som few members of this Assemblie for to examine the several Advices and Considerations of the respective Provinces brought in by them upon the case of his High s departure and to see wherein they were agreeing or differing and thereupon to frame a Reconciliatorie Model the foresaid matter was put by yet and the Provinces which had not yet declared themselvs about the foresaid 2 points and others concerning the direction and employ of the Militia were most friendly and seriously desired to do the same with the first and without further delaie The 22 th at length there were som Commissioners named for every Province for to examine and review all the Considerations and Advices successively from time to time brought in by the respective Provinces upon the business touching the Direction and Disposition over the Militia and the giving of Patents and presented to the Assembliâ— and to observ how and in what points they were agreeing together and wherein disagreeing yet thence to frame in writing an Advice Conciliatorie and to make report of all to their Hi. Mi. provided that every Province should have libertie to augment or diminish the Number of their said Deputies at their own pleasure Next daie it was found good that there should not bee above 3 from each Province at the Committee for the business Conciliatorie On the 24 th the Lords of Gelderland gave in this ensuing motion The Province of Gelderland desireth the great Assemblie That their H. M. would bee pleased That Letters bee writen to the Commanders of the Garrisons in the Cities having voice in the State to this end that the said Commanders or their Majors shall henceforward not assume to themselvs the keeping of the Keies opening and shutting of the Gates or the giving of the word but that the same shall wholly and solely remain in the power of the Magistrates of the foresaid Cities having voice in the State Secondly That the foresaid Commanders with the Council of War in the foresaid Cities shall no further use or extend Militarie Jurisdiction but for neglects and trespassings in in marches and watches going over to the Enemie deserting the Companies or running from one Companie to the other without Passport together with such other exorbitances and delinquencies as may happen to bee committed between officers and Souldiers or among themselvs and no further insomuch that for other offences whether Criminal or Civil the Militarie persons shall bee subject and liable to bee apprehended and executed by the Civil or Political Judg whose sentence is to bee executed according to the order of the Land even with extent in case of Debts and the like and default of others means upon the Wages of the partie condemned Lastly that the Companies both hors and foot in Garrison at present or for time to com within the foresaid Citie shall according to the 7 th Article of the Union make Oath to the Magistrates of the said Cities without prejudicing the common Oath made or yet to bee made to the United Provinces together or the particular and respective ones as likewise to the chief officers in the open Countrie where the said Militia shall bee disposed of By this occasion it was likewise propounded whether it were not expedient to nominate a Committee for to draw the formes of the Oath to bee made by the Militia respectively 1. To the Confederates in general 2. To the Provinces their paymasters 3. To the Provinces where they shall bee employ'd 4. To the Magistrates of the Cities and the Officers of the open Countrie where they shall bee put in Garrison all to this end that the foresaid Oaths may not chance to thwart and contrarie one the other Which beeing taken into Deliberation The Provinces desired and took Copies thereof and next daie it was found good That in conformitie thereof Letters should bee writen to the Commanders of the Garrisons in the Cities of Gelderland having voice in the State to the end that the foresaid Commanders or their Majors shall henceforward not assume to themselvs the keeping of the keies opening and shutting of the Gates or the giving of the Word but leav the same wholly and solely to the Magistrates of the foresaid Cities having voice in the State Secondly That the foresaid Commanders with the Council of War in the foresaid Cities shall not have power to use or extend the Militarie Jurisdiction any further then over neglects and trespassings in marches and watches going over to the Enemie deserting of the Companies or running from one Companie to another without passport together with such Exorbitances and Delinquencies which officers and Souldiers may chance to commit among themselvs or one against the other and no further insomuch that for all other offences whether Criminal or Civil the militarie persons shall bee subject and lyable to bee apprehended proceeded against sentenced and executed by the Judges Civil or Political whose sentence shall bee put in Execution according to the order of the Land and extend in matter of debts and the like and default of other means to the very wages of the partie condemned Furthermore their Hi. M. declared upon the proposition aforesaid that the companies both hors and foot lying in Garrison at present or to bee laid hereafter within the said Cities shall conformably to the VII th Article of the Union make Oath to the Magistrate of the said Cities without prejudicing the Oath alreadie made or yet to bee made to the United Provinces together or the particular and respective ones as also to the officers of the open Countrie where the foresaid Militia may bee disposed of Which occasion it was likewise found good that by certain Commissioners to bee nominated there should bee drawn up the forms of the Oath to bee made to the Confederates in general the Provinces having besides undertaken reciprocally by their Deputies to communicate one to another in this behalf the respective forms of Oath to bee made by the said Militia to the Provinces their Paymasters as also to the Provinces where they shall bee employ'd and to the Magistrates of the Cities and Officers of other places in the open Countrie where the same may happen to bee put in Garrison all to this end that the foresaid Oaths may not thwart and contrarie one another On the 28 it was found good that in the Conciliatorie Conference about the points touching the Direction and Disposition of the Militarie Affairs the Advices or Votes should bee gathered not by the Heads but by the Provinces That the said Conference should bee begun that same afternoon precisely at 4 of the clock in the place of the Ordinarle Assemblie of their Hi. Mi. and the
to make the Captains promise and subscribe likewise if they think good and that the rest of the Cities may also make or receiv such of the like Articles at their pleasure Herewith the foresaid Committee trust to have satisfied your N. G. M. intention referring all to their further order and Disposition Don and advised thus by the foresaid Committee-Members of your N. G. M. the last daie of March 1651. Draught of The Form of Oath to bee taken by the Souldierie keeping Garrison within the Province of Holland and West-Friesland in relation to and before the States thereof or their Committees WEe do promiss and swear unto the States General of the United Netherlands such as shall continue to maintain the Union and maintenance of the true Christian Religion and by Name to the States of Holland and West-Friesland to bee true and faithful to them to serv them uprightly and faithfully for the defens of the foresaid United Netherlands and by name the Countries of Holland and West-Friesland the Quarters Cities or Members thereof against all their Enemies to bee obedient to the said Lords the States of Holland and West-Friesland or their Commissioned Counsel whiles wee are in the said Province in such things as they shall command us for the furthering of the service and defens of the foresaid Countries to help protect the foresaid Provinces from inquarterings and throughfairs of other forces as also not to march within this same Province but by and upon Patent or Commission of the foresaid Lords the States of Holland and West-Friesland or their Commissioned Council and consequently in every thing to submit and follow all the Orders and Articles of War So truly God Almightie help us Draught of The form of Oath to bee taken by the Captains and Officers before the Magistrates of the Cities where they are lying in Garrison with their Companies respectively I Do promiss and swear to bee true and faithful with the Companie under mee unto this Citie and the Magistrates thereof and faithfully to serv and obey them in what they shall command mee for the maintenance service and tranquillitie of their Citie and in particular against all uproars and sedition the commands which the Lords the States of this Province or their Commission'd Council shall give mee So truly c. Upon the 22 of March the Nobilitie Gentrie and Cities of Braband resorting under the State did likewise address themselvs unto the Great Assemblie and as in the year 1648. before and at the conclusion of the Peace they had presented a certain long Deduction or Remonstrance so they did now also that which here ensueth and desired to have Audience carrying themselvs in the Superscription of their Address and in the Text it self not as Petitioners by waie of humble or submissive request but as fellow Confederates and that which is more as the first Member of the Union They had sent divers of their own into the particular Provinces before to recommend their affair where they received courteous indeed but onely general and no concluding Answers and Resolutions from them The Deduction of the Nobilitie Gentrie and Cities of Braband Vnited and associated with the rest of the Vnited Netherlandish Provinces shewing how well they are grounded in their desire presented to the Generalitie PHILIP surnamed the Good Duke of Burgundie Earl of Flanders Arthois c. beeing by right of Collateral succession becom Duke of Braband and Limburg and of the lands of Over-Mase Earl of Hainoult Holland Zealand and West-friesland and by purchase Duke of Lutsenberg Earl of Namen and Lord of Mechelen Hee first joined all these Countries beeing formerly under several Lords into One Bodie Emperor Charls the V. afterwards having gotten likewise the Over-Rhenish Provinces of Friesland Utrecht and Over-Yssel Groningâ—en and the Omlands Gelderland and Zuâ—phen for himself and his Heirs and posteritie as Dukes of Brâ—band and Earls of Holland and having reduced and reannexod to that Bodie certain considerable parcels which for a long time had been alienated and distracted Hee in the year 1549 with consent and at the desire of the Stateâ— of those Countries made a fundamental Law or Sanctiâ—â— to that end and purpose That all the foresaid Netherlands should thenceforward for ever remain united in one Bodie under one Prince onely And when after in the year 1555 the foresaid Emperor resigned the Sovereigntie over these Netherlands unto his Son King Philip the second taking his leav of all the Provinces hee exhorted them that notwithstanding the Countries were divers and separated in themselvs yet all of them making but one Bodie the Members of that bodie ought still to help assist and succor one another considering that without such a Concord and Conjunction among them the Enemies would easily get great advantage upon and means to surprize and invade them when as on the contrarie they remaining united together and assisting one another experience had shewed what they were able to perform in resisting those that durst attemt to hurt or molest them After the Peace concluded at Camerick in the year 1559 all the States together unanimously resolved to keep out all Spanish and forrein forces and promised each other ever to continue so doing After which the troubles and bloodie Wars ensuing in the Netherlands the most principal of the said Countries allied themselvs together from the very beginning for their Common Libertie and opposed themselvs jointly with common advice and aid goods and blood against the Inquisition and Spanish Tyrannie The Confederated Nobilitie who in the year 1566 presented their Petition to the Duchess of Parma at Brussels as to the Governess of these Countries were indeed som out of all Provinces but most of them of Braband and Flanders And the men of Brussels were those which principally opposed themselvs against the execution of the Tenth penie notwithstanding that the Duke d'Alva was present then within their Citie and had a strong Garrison of Spaniards about him Whereupon there following that unexspected beginning of the Deliverance by the taking in of the Briel most of the Cities of Holland and Zealand joined themselvs together for Libertie at which time those of Braband and other adjacent and inland-Inland-Countries beeing oppressed and opposed by the Tyrannie of Duke d'Alva with Castles and strong Garrisons had not yet found or met with the conveniencie and opportunitie which they of Holland and Zealand had of casting off the Spanish Yoke but the Citie of Anwerp was plundered first twice over by the Spaniards At the Treatie of Peace at Breda in the year 1575 the Deputies of the Prince of Orange the States and Cities of Holland and Zealand Bommel and Buren with their associates and som particular Noblemen out of other Provinces treated there with the King's Commissioners In the time of greatest streight when as North Holland and South-Holland through the loss of Haerlem and the Province of Zealand through that of Ziriksea and the land of Scâ—owen were rent
Articles agreed upon among themselvs That the King ought to reduce under his obedience the Cities and open Countrie taken by the Enemies and join them to the Provinces again to which they belonged not suffering in any wise that the contracting Provinces should bee rent or torn asunder at any time the one from the other It is confessed indeed that after the loss of Antwerp in the year 1585. Richard of Merode Lord of Oirschot the Lord van Poderlo van der Werck and van der Menlen Deputies of Braband in the Generalitie taking their leav or farewel from the Ordinarie Assemblie of the States General made this request That the Lords the States would bee pleased to take that care of the remaining Cities of Braband that they might bee dealt with conformably to the Privilege of the said Countrie But those foresaid Deputies beeing swai'd by their particular interest were charged with no such thing by their Principals and therefore could not draw any prejudice thereby upon the Rights of the rest of the Nobilitie Gentrie and Cities of Braband which continued in the Union and afterwards were again reduced under it Whereupon followed that Counsellor Bruyninex beeing appointed by Prince Maurice and the Lords of Lockeren Sonsveld and Tameren did in the years 1586. 1587. 1588. both in their own behalf and that of the other Nobilitie and Gentrie together with the Deputies of the Citie of Berg op Zome seek and solicite as well by writing as word of mouth That without impediment they might govern and administer their State in particular and that in matters touching the Generalitie such as are the consent of Subsidies for war the framing out and collecting of Imposts the appointing of Licences or free passages augmentation of services and the like they may have such a part and cognizance as those of Braband which are under the Generalitie ought to have by virtue of the Common Union Upon which Motions and Desires after several Communications both before Commissioners of the States General and at the Assemblie it self their Hi. Mi. were pleased at last to declare That in this posture and condition of Braband They could not acknowledg or hold them otherwise then their Associates and not as States of Braband And by an Act of that year 1588. Prince Maurice of happie memorie was appointed Captain General over the Cities Forts and Forces in Braband And the Council of State Autorised provisionally to govern and direct all matters regarding the Government of Braband in the Name of the States General in respect of the State of Braband for that time without prejudice to the States of Braband beeing of this side and to the Citie likewise of Berg op Zome with this promiss annexed That in case hereafter there should bee any Treatie set on foot about a General Peace or transportation of the Soveraigntie of the Lands in general then the foresaid Nobilitie and Gentrie of Braband and the Governors of Berg op Zome should bee summoned Which beeing promised them in regard but of one Citie what consideration ought there to have been of the present State of Braband whenas not onely one Capital Citie or Metropolis but other Considerable ones likewise are reunited to the Union which formerly had Writs sent them to com to the Assemblie of the States and accepted of the Union During the above said sollicitation Prince Maurice had in the year 1587. put and autorised som to bee Counsellors of Braband in matters of justice who were to administer the same in several parts and relations till in the year 1591. the States General of the United Provinces instead of a Chancerie and Fief-Court appointed a Council of Braband under this Declaration That having taken into their special Consideration how the Countrie the Nobilitie Gentrie Cities Liberties Villages and other Inhabitants of Braband which remained in the Union of the Netherlands and those which were afterwards reduced or yet might bee through the blessing of God might bee governed in good order policie and Justice They ordained c. without impairing or prejudicing the Privileges and Rights of the Land of Braband and of the Nobilitie Gentrie Cities Liberties Villages and the Inhabitants thereof Afterwards in the year 1600 when by the States General there was introduced at Berg op Zome and Breda a higher raising of the general means and complaint presented thereupon in these Cities behalf shewing That the said Cities for matter of means contributions and the like burthens were not dealt withal according to their old Rights and Privileges of Braband the said States General declared thereupon That they judged the Remonstrants ought as members of the Common Union bear the burthen together with their Neighbors and if thereafter there should bee occasion of any high or new raising of means they should have Writs sent them first to com to the Assemblie of the States General with the same autoritie as they should have in those matters among the States-Assemblie of Braband if the same could bee formed in due maner In this foresaid State and Government did the affairs of Braband remain notwithstanding That their state and condition was much strengthened and enlarged from time to time through the Reduction of the Cities of Breda Steenbergen Grave the Bosch Mastricht c. insomuch That the State of Braband holding it with the United Netherlands consist's at present in six strong and walled Cities besides Mastricht and divers others belonging thereunto and therewithal an exceeding great District of open Countrie full of liberties villages and Habitations resorting under it extending it self to 30 leagues in length and 10 more in breadth and making up the greater half in ground of the whole Dukedom of Braband Before the troubles those of Flanders in the Beden petitionings and contributions were commonly taxed with a third part of the general sum which was asked and granted throroughout all the Netherlands Braband with a fourth part Holland with a fourth part of the rate of Flanders But Braband beeing impoverished by the warr and Holland with the other United Provinces enriched shall the hard fortune that those of Braband were expelled and banished for the common caus their Cities forced taken and plunder'd by the Enemies c. Bee the ground and reason of forfeiting their Libertie From all which resulteth and appeareth sufficiently that the Netherlands though divided and separated the one Province from the other do constitute or make up but one bodie beeing allied together equally atque aequo foedere and so that none of them hath any right of Superioritie or Dominion over the other for confirmation whereof may bee alleged that which Prince William of Orange of happie memorie and the State of Holland and Zealand writing in the year 1573 to the King of Spain do expresly say that the Netherlanders having formerly been under several Lords were afterwards reduced together under one head of the hous of Burgundie allied thereafter with the hous of Austria and at last with
the King of Spain nevertheless alwaies with this express reservation and limitation that the same land and each Province apart should remain and bee maintained in their own peculiar Policie Rights and liberties wherein they had continued from all antiquities so that the one Countrie or Dominion should pretend no Right or Seigniorie over the other to disposess the same in any kinde of it's Rights and liberties but they should bee obliged and engaged each to other in concord and equal Degree By the Union of Utrecht the Countries engaged themselvs together as if they were but one Province namely in that they might not bee separated but wâ—re bound to help and assist one another without inâ—ringing or impairing nevertheless the special and particular Privileges Liberties Exemtions Rights Statutes laudable and well-maintained Customs Uâ—ances and any other peculiar advantages of any one of the Provinces or particular Cities Members and Inhabitants thereof Now where there is such an Union it may well bee questioned whether the one Member ought to exalt it self over the other by reason of his prosperitie and power They make up all but one Bodie to the preservation whereof each Member hath chearfully contributed its part for if one hath afforded more means the other hath protected and defended the Rivers and passages the third hath hazarded his Countrie and lost his Cities with standing it out to the utmost against the Common Enemie The Illuâ—trious Princes of Orange of happie Memories they have contriâ—uted thereunto their wise and couragious direction and Conduct and hazarded their persons lives and estates thereby and thus every one hath brought and contributed somthing of that which was requisiâ—e and necessarie for the forming and framing of the Common State The War never bâ—gan betwixt the Netherlanders but was undertaken by the Netherlanders against the Spaniards This is that the Letter of the Nobilitie Gentrie and Cities of Holland written to the States General of the Provinces assembled at Brussels under Date of Sept. 12 1573 drive's at saying Wee do hope that you shall never bee able to forget the chearful and friendlie faithfulness which in former times wee alwaies did and still do bear one to the other iâ— beeing our dutie before both God and Men and wee for our parts beeing still resolved and ready for it Do but remember it beeing the very truth that wee do not wage War the one against the other for wee never offended one another neither in great nor small concernments but all our strife and War is onely and mâ—erly against the Government of forrein Nations The Confederacie of the Union of the Netherlands is Offensive and Defensive for ever and alwaies against al and every one who or how qualified soëver they may bee that shall attemt actually to infringe the special and particular Privileges of the Countries insomuch that the chiefest condition of the Union among the rest to maintein the Countries in their Rights one of which without all peradventure must bee the Government for the Union was made for their advantage and not for their dammage The King of Spainâ— caused offers to bee made at the Treaties at Breda of Cullen and at all others since That hee would keep and maintein the Countries both in general and in particular in all their Privileges Rights Laws and Customs so as the same had been before the Troubles and if any thing were changed and impaired the same should bee restored beeing made known In prosecution of which ground the States of the United Netherlands have often and at several times summoned the States of the Countries subject to the Spanish Government and among the rest in a certain Letter of theirs dated June 7. 1602 â—used these words Onely wee do still most friendly desire exhort and entreat you seriously to reflect upon the prais-wâ—rthie reputation which you and your forefathers have gotten to themselvs for som hundred of years and left the same to us upon record for a rule that still wee should bee upright Defenders and Protectors of the Rights and Freedoms of the Netherlands in general and of the Countries or Provinces the Members Cities and Inhabitants thereof in particular By waie of distinguishing the Provinces and Cities on this side joined together by a Common Union the Provinces and Cities of the Netherlands beeing under Spain are by this State called the Invaded Countries In the reduction of the Cities of Braband to the Union it was especially conditioned and promised that the Cities and Inhabitants thereof should be mainteined in their Rights Privileges and immunities The States General of the United Netherlands declared but lately by their Letter of March 14 last year to all the Cities of the Union That they had appointed his High s Prince William of Orange Captain and Admiral General over the people of War in service of this State for the maintenance of the Union the Right and Privileges of the Land the members and Cities thereof The States of Holland declared Febr. 19 of the same year concerning the Union That the Provinces are bound to assist one the other with life and goods and to abide together not suffering themselvs to bee divided and if this bee to bee understood of such which desired to bee under the Union and continue to desire the same The Nobilitie Gentrie and Cities of Braband have alwaies desired the same and declare hereby that they are constantly and extremely desirous of it By deputation of the States in the year 1586 Febr. 1. the Earl of Leicester was appointed Governor and Captain General of the United Provinces to wit of Gelderland Zutphen Flanders Holland and Westfriesland Zealand Utrecht Friesland together with their Associates And by the Act of that daie there were put into the hands of the said Earl the General Means of Consumtion or Revenues of Gelderland Flanders and associated Cities of Braband And in pursuance of the foresaid Commission the Earl made Oath to the States of the United Provinces and their Associates and the States reciprocally to the Earl in the name both of their own respective Provinces and the said Associates The States General of the United Provinces do address the Inscription of their Letters for publick Bid and Fasting daies and other things concerning the common affairs and and interest to the Cities of Braband on this side under the name of Associates And divers Cities of the United Provinces in their particular Letters to the Cities of Braband do design themselvs their Confederates Nay The Treatie between France England and the States General concluded ult Octob. 1596. import's expressly That the Ambassadors do in the name and behalf of the King of France and Queen of England and their Successors receiv and associate with the States General of the United Netherlandish Provinces to wit Gelderland and Zutphen Holland and West-Friesland Zealand Utrecht Friesland Over-Yssell Groninghen and Omlands together with the Gentrie Cities and Forts of Brabaâ—d those that were United then with the
States General And however hitherto the Government of Braband since the loss of Antwerp hath been exercised in the Name of the States General nevertheless the same is don onely by waie of provision for that time without impairing and under protestation of not prejudicing the Right and privileges belonging to the Nobilitie Gentrie and Cities of Braband as was formerly demonstrated And whereas the Wars through God's blessing are brought to an end now and the King of Spain doth by the Treatie of Peace concluded at Munster declare and acknowledg That the States General of the United Netherlands and respective Countries Cities and appertaining Lands are free and Soveraign Cities Provinces and Countries whom and their Associated Countries Cities and Lands the foresaid King shall neither now nor ever pretend the least unto neither for himself nor his Successors and Posteritie Therefore the Nobilitie Gentrie and Cities of Braband do confidently perswade themselvs beeing in the Union and Associates That according to the forementioned Concordates Confederacies Unions Treaties Promisses and Acknowledgments of Kings yea of the King of Spain himself They shall bee held by the United Provinces Confederates Sworn Allies Associates and Free States and not conquered invaded and subdued ones in wors condition then the Spanish Netherlands To their Hi. Mi. Lords the States General of the Vnited Netherlands THe Nobilitie Gentrie and Cites of Braband holding the side of the Union shew and desire That forasmuch as the war through God's blessing is com to an end now They Exhibitors may as Associates and Confederates of the common Union have Session and Voice in the Generalitie like other Provinces and that for the reasons alleged in the annexed Deduction Or in case That your Hi. Mi. could not as yet yield thereunto wee beeing perswaded they may That at leastwise the Exhibitors may without prejudice of the Rights of Braband govern their Province particularly contributing for the common welfare and Defens together with other Provinces such a Rate as by mutual agreement and equitie shall bee found fitting which doing c. High Mightie Lords THe Commissioners of the Nobilitie Gentrie and Cities of Braband holding the side of the Union presented in April 1646 unto the high mightie Lords the Deputies at the Generalitie a certain Remonstrance and Deduction hereunto annexed and thereby attentively concluded either to obtain Session and Voice in the General Government like other Provinces or at leastwise that without prejudice to the Rights of Braband they might Govern their Province particularly contributing to the common welfare and Defens such a Rate or Tax as according to the condition of the Countries should by mutual accord bee held fitting in equitie Whereupon there having been no Resolution taken by your Hi. Mi. the Exhibitors addressed themselvs to the No. Gr. Mi. Lords the States of the respective Provinces and propounded the same alternative conclusion to them who most of them after enquirie and mature Deliberation sufficiently agreed that the second member of the foresaid conclusion could not bee denied unto the Exhitors autorizing thereupon their Deputies at the Generalitie that they might treat with the Deputies there from the other Provinces about it And foresmuch as the United Provinces ate now extraordinarily met in a grand States-assemblie to deliberate about the most important Points for the establishing of this State and especially about the maintenance and full settlement of the Union The Exhibitors present themselvs with all due respect unto this most honorable Assemblie to reiterate the foresaid Conclusion grounded upon the Union and represent thereupon unto your Hi. Mi. That the Exhibitors have been and were every where without contradiction acknowledged Associates and Confederates of this State and members of the common Union as well by virtue of the Pacification of Ghendt de Anno 1576. whereof they of Braband had been the first Autors as especially of the neerer Union of Utrecht de Anno 1579. signed by them of Breda at Utrecht publisht in the Bosoâ— and by the rest of the Cities embraced and followed in States-manner That likewise None of the Exhibitors ever abandoned the Union but that the Cities of the Bosch Breda Grave and Steenberghen were by force of arms or domestick oppression and treacherie rent from the same with the good parties loss of goods and blood Berg op Zome and Willemstadt having alwaies remained in the Union as is more largely deduced in the annexed information That the forementioned Four withdrawn Cities have been delivered and reduced again to the Union by the help of the Confederates in conformitie to the Pacification and Union aforesaid And whereas the Foundations of the whole State doth mainly consist in the foresaid mutually made and firmly concluded Union and everlasting Confederacie And that consequently the same beeing aequo jure entered into the Members are bound not onely to assist one another with goods and blood but also if need bee to restore them in their antient Rights Liberties and Privileges whereunto it would bee è diametro repugnant that one Member should take upon him to exercise Superioritie and Domination over the other Therefore the Exhibitors negociating at present for such a considerable number of Cities and great district of Countrie conteining in ground more then the Moitie of all Braband offering to contribute according to their abilities to the common welfare ought not to bee excluded in any wise but fully to enjoie the effect of the Confederacie like unto the other United Members thereof The Exhibitors undertaking beside that by their direction the Means of Braband shall undoubtedly bee brought in to the best advantage and behoof of the Generalitie All this nevertheless notwithstanding beeing the Exhibitors are held and treated no better then invaded and conquered places suffering sufficient prejudice generally in all their Rights and Privileges as well in regard of administring Justice without their Countrie as the direction of their Civil Government and incoms They are confident your Hi. Mi. will for the reasons succinctly here alleged and more largely deduced in the Papers adjoined restore the said Exhibiters highly-wronged Right in best sort and manner or at leastwise let them enjoie the effect of the second Member of their conclusion Further Deductions and Informations of the Right of the Nobilitie Gentrie and Cities holding the side of the Vnion IT is universally known that the supreme power of the Serenissime Republick of the Netherlands consisteth in the States General of the United Provinces so called after the General Uniting of Ghendt and nearer Union of Utrecht whereon the same is founded For the preservation of good Unitie in the State upon the old and laudable principles and foundations of the first Government the Great Mightie States of all the Provinces caused to bee enâ—egistred Novemb. 16 1646 for an everlasting Remembrance That they were resolved to keep and maintein the foresaid Union among the Provinces as also the associated Countries Cities and Members thereof and now lately again at
the sending of Holland to the Six other Provinces they unanimously testified they had no other resolution and intention then to observ and maintein the foresaid Union holily and indissolubly The States of Braband were the first and chiefest Autors of the Union of Ghendt The nearer Union of Utrecht was signed originally by the Citie of Breda published within the Bosch and embraced by the other Cities of Braband in State's-manner Hereupon is principally grounded the desire of the Lords Gentâ—ie and Cities of Braband who beeing Members of the foresaid Common Union ought to enjoie the effâ—cts thereof and not to be treated contrarie to promisses and subscriptions by their own Confederates By the Tenor of the Union it appeareth that between the Netherlands there was concluded an everlasting firm Peace Covenant and Unitie for the expelling of the Spaniards and their Adherents and to restore the Inhabitants again to their antient Rights Privileges Customs and Liberties so that the aim of the Common Union was the delivering of the Countries and the restoring every one into his Privileges and Rights In all publick Writings those of Braband are termed no otherwise then Associates but by many in their discourses they are against all right and reason term'd Conquered Whereas the word of Conquest and conquering can have no place among Confederates and Associates who are reciprocally engaged one to another according to the Unions Therefore the States did rightly term the Deliverances and Restitutions of the Cities forced from the Union in their Capitulations and otherwise Reductions and not Conquests There must bee a distinction made betwixt Cities and Countries of the Enemies own won from him by War in which case the Laws allow that hee that wageth the war doth get the proprietie of the goods taken and such Cities and Countries as formerly belonged to our Friâ—nds and Associates and were delivered and recovered out of the Enemie's hands they in that case ought to beâ— restored to the first owners Thus in former times were Arras Dornick and other Cities of Arthois Flanders and Luxenbâ—rg recovered from the French and reduced to the State of the Netherlands And thus hath the King of Spain during these Civil Wars restored the Provinces and Cities maâ—tered by him iâ—to their former state and Government In conformitie hereof were likewise the Cities of Zutphen Haerlem Ziericksea Amerâ—ort Deventeâ— Campen and divers others beeing retaken from the Spaniards and their Adherents restored by their Confederates to the usâ— and exercise of their former Rights and Freedoms Nay divers Cities which were forced and compelled to forsake the Spanish partie as Nimmighen Amsterdam Schonhoven Middleburg Goes Tolen Utrecht Groninghen were not therefore held as conquered places in regard that in the foresaid Cities there was a good partie still well-affected to the State who were so long kept under by an ill-affected partie until they were delivered by the Confederates and reduced to the Union Now to shew what the present Braband-Cities of the Union have don for the common good during the Netherlandish troubles and wars both in acting and suffering it will appear by this short ensuing survay First of all the Cities of Berg op Zome and Willemstadt which remained still united to the State of the Union it is sufficiently known to every one how worthily they have ever acquitted themselvs upon all occasions and by all means defensive and offensive against the Common Enemies Those of the Bosch were the first which in the beginning of the troubles shewing their Zeal to the true Reformed Religion by open preaching vigorously opposed themselvs against the Spanish Council and arrested the Chancellor of Braband and Lord of Petersheim coming from the Governess to hinder the same and covertly to bring in som Companies of Souldiers for which caus also they were proscribed by the King by open Proclamation March 18 1567. and block'd up until the Prince of Orange his departure when as the good partie were fain to abandon the Citie and depart the Land as likewise happened generally then throughout all the Netherlands After which time the Citie beeing overmastered the same was continually kept under by force of arms and pittifully handled by the Spaniards Italians and other forrein Nations till in the year 1577. their Confederates rescued the Citie from the High Dutch In the year 1576. the foresaid Citie signed and sealed the Pacification of Ghendt In the year 1578. shee swore to the peace of Religion and in the year 1579. embraced and published the Union made at Utrecht For the maintenance whereof the good partie within that Citie adventured life and goods laboring continually how they might bee supported by the Confederates with men and ammunition according as they had offerd and promised them by the Deputies within a little while after the foresaid publication and the whole Government of that Citie had thankfully accepeted of it with protestation they were resolved never to separate from the Generalitie whereunto they were engaged and confederated by solemn Vow and Oath But when the Confederates afterwards contrarie to the foresaid presentation foreslowed the sending of succor and the Prince of Parma after the subduing of Mastricht drawing neer to the said Citie of the Bosch caused the same to bee summoned to surrender then the good partie unable to make resistance both to the ill-affected within with whom they had strugling enough before to bring them to som communitie and to the puissant Leaguer of the foresaid Prince of Parma without was constrained to abandon the Citie with all their families som thousands of them and to leav all their welfare behinde Which Citie beeing afterwards reduced again to the Union by the arms of the Confederates in the year 1629. it ought likewise to bee restored to their antient Rights and Privileges As for the faithful services of the Citie of Breda for the Common Libertie there is much of it upon publick Record in the Netherlandish Histories For a taste whereof wee shall onely touch here That the Companie of the withdrawing partie from Breda did many notable services against the Spaniards before Berghen in Heinout Harlem vvithin Zirick-Sen and elswhere The inland wars lighted more heavie and smart upon this Citie then any of the Netherlands besides For beeing taken into Confiscation by Duke D' Alva in the year 1568. it was thereafter most extremely overburthened with heavie Garrisons both hors and foot until the Citie was beleaguered and delivered again by the Earl of Hohenloe in the year 1577. Afterwards Jun. 28. 1581. the Citie beeing bare of Garrison was surprized again by the Spaniards through the Castle by force of arms and barbarously plundred notwithstanding the manful resistance made by the Citizens and especially by the young men of the Citie who were most of them slain in the Defens thereof In the year 1590. the 4 th of March the Castle was surprized again by Prince Maurice with a Turf-boat During the Spanish Siege before it from August 27.
1624. to June 5. 1625. there perished above 5000 Inhabitants within the Citie by the war plague and famin and the Citie was deserted after the surrender by more then three fourth parts of the Citizens till the reduction of the Citie followed in the year 1637. Those of the Citie of Grave have likewise shewed themselvs very zealous and resolute in the late wars against the Enemies of the Common Fatherland for not long after the Pacification of Gbendt they took their Spanish Governor prisoner and what with monie what by force and the loss of manie Citizens in the Enterprize got and drove out the Spanish and high-Dutch Garrisons altogether Afterwards Maie 4 th of the year 1586. all the Inhabitants thereof engaged themselvs by Oath to make utmost resistance against the common Enemie of the Land the King of Spain and his Adherents and that they would in no wise listen to any offer of agreement or reconciliation with the foresaid Enemies Within a short time after This same Citie beeing forced from the Union and subdued by the Enemie they remained in a sad condition till the Citie was reduced again to the United State in the year 1602. by Prince Maurice Steenberghen a very antient Citie of Braband beeing freed of the High-Dutch Garrison in the year 1577. it vvas subdued again by the Spaniards both in Anno 1582. and 1622. and tvvice also reduced by the Arms of the Confederates viz. in the years 1591. and the said 1622. It is remarkable that vvhilest the Spanish held this Citie in possession the same vvas so deserted of Citizens and made so desolate that there vvas not left nor kept any Judgment-Seat or administration of Justice there By all which it plainly appear's That none of the foresaid Cities of Braband ever endeavored to join or agree with the Spaniard or their Associates against the Union and Oath taken without extreme necessitie and consequently never sought of their own accord or wilfully to disjoint themselvs from the United State but they were all of them forced and rent away from the same by the force and povver of the Enemie destitute of succor or betray'd by others vvithout any fault of their ovvn nay to their ovvn great grief and undoing The Cities of Bruggen vvith the Land Van Vrye and Venlo they are the onely places vvhich for the said Crime of Desertion vvere publickly declared Enemies and consequently had forfeited their Rights and pretentions vvhich by virtue of the Union they might have claimed othervvise In all publick Acts Those of Braband are by the States of the United Provinces called indeed their Associates but in Truth they are dealt vvith as a people purely conquered For proof vvhereof vvee shall produce among many but these 3 points First for matter of Administration of Justice the Court or Council of Braband doth sit without the Province contrarie to the known Privileges and Charters of the Land sworn to by all the Dukes besides that the said infringement draw's the good inhabitants into excessive troubles charges and inconveniencies Secondly in regard of Government There is introducing a new waie of naturalizing strangers in Braband for the suppressing and excluding of the Natives as well from beeing employ'd in their own Province as they are sufficiently excluded from offices and Emploiments in others contrarie to their express privilege quod competit universo populo Brabantiae which is the peculiar privilege of the people of Braband conditioned for with the Prince and sworn to by the Prince This Privilege was never violated in Braband before the Troubles and remaineth pure and uncorrupt even under the Spanish Government to this very daie Thirdly touching the Revenues and Contributions there have been new burthens imposed all along upon those of Braband and they are threatned with more heavie ones to bee imposed at pleasure without any of their consent nay without so much as hearing them Which is repugnant not onely against the Privileges of the Countrie but likewise particularly against the promisses of the States General of the year 1600 alleged in the former Deduction Wee shall not insist here on the opposition of the States of Holland against Emperor Charles for the Congie-monie nor of the Citie of Brussels against Archduke Albert for a small impost upon pears but touch in a word onely that in Spain England and Germanie it hath ever been and is the observance in cours as likewise is shewed by Philip Comines in the States of France under Charles the eight assembled at Tours That no Prince hath power to laâ—e Impositions upon his Subjects nor Right to give theâ— Laws without their Consent The Societie which the Cities and Countries of Braband have in that kinde with the other Confederates may well bee miserable and deplorable even as in the benefit of cessio bonorum among the Lawyers whereof wee may take up the old complaint Sub umbrâ foederis servitutem nos pati neque â—nim Societatem ut olim sed tâ—nquam mancipia haberi That under the color of Covenant wee are reduced to slaverie wee beeing not entreated like Associates but like Bondmen Love indeed is the onely firm foundation of Government and according as a Wiseman said once That kinde of Republick fare's best and last's longest which all the parts are in love with and wish it lasting By the foreâ—aid Common Union the Netherlands engaged themselvs together for ever without impairing the special privileges of the particular Provinces Cities Members and Inhabitants thereof wherein they not onely may do one another no prejudice or hindrance but are bound likewise to help and protect one another therein by all means possible with advice and aid goods and blood against any one that shall attemt or go about to wrong them therein so that among the conditions of the Union this appeareth to bee the principal To maintein the Countries Cities Members and Inhabitants thereof in their particular Privileges amongst which without all controversie Government is one too Wherein of old not onely the chief Cities but even the smaller ones in Braband did share and participate For information whereof may serv That among the Cities of Braband there was no certain order kept heretofore as appear's by the engagements of the Cities in the years 1354 1370 1426 the Charters of Corteberg of 1312 and of the Ladie Johanna of 1385 and the privileges of Duke John the IV th of the year 1422. And that the foresaid Cities of Braband were antiently summoned to and sate in the Assemblie of the States of Braband is a thing too well known to bee doubted of Where it is observable yet that to the Pacification of Ghendt and Union of Utrecht there were not onely invited and called in the great or chief Cities of the Provinces but indifferently all the Cities and Members thereof and who know's not the practice since therupon throughout all the United Provinces By the foresaid Common Union the Countries and Cities are equally engaged in one
and the same degree so that none can pretend any right of Superioritie over the other Whence it is evident that there is no ground which can take away or hinder the Right of the Lords Gentrie and Cities of Braband of governing their own State particularly without the Generalitie The Government of the Switsers Republick may serv us for an Example The same consisteth in three parts First in XIII Cantons whereof every one is Sovereign in his own district and yet they are all engaged one to another for common Defence Secondly in the Confederated Allies such as are the Abbot and Citie of S t Gal the Grisons the Bishop and Countrie of Valaye Rotwiel Mulhausen and divers others every one of these beeing likewise Sovereign within his Sphere and yet bound together with the Cantons for the Common Safetie Thirdly in the Governments or Praesecturae places conquered from the Enemies and subject to the Cantons and governed by them in several manners among whom there are no Countries nor Cities which formerly were Members of the Cantons or Associates And whereas in default of a Prince and Sovereign the Sovereigntie of the Land remaineth and returneth into the hand of the Gentrie and Cities as the States of Holland rightly asserted in several of their Declarations and Remonstrances to Leicester And that the Government of Braband since the loss of Antwerp hath hitherto during the Wars been governed in the name of the Hi. Mi. States General onely provisionally for that time without impairing and under protestation of not prejudicing the Rights and Privileges belonging to the Lords Gentrie and Cities of Braband as hath been declared by divers Acts of the States General themselvs which make's it apparant that their desire is grounded upon order and reason and ought therefore according to the Union to bee determin'd by most voices This is that which make's the Lords Gentrie and Cities of Braband aforesaid to bee very confident That as Confederates and Associates of this Serenissime Republick they shall yet at length enjoie the fruits of â—eace together with the rest of the Provinces according to the Common Union and their own unqâ—â—stionable Rights and Privileges THe Princess Roial had in the beginning of Januarie discharged the Tables of her houshold allowing them Bord-wages to continue till after the Enterrment whiles the dispute betwixt her and the young Prince his Grandmother about the Gardianship did still continue and that not without som eagerness and estranging none would yield And it was observable that the late Prince having but last Sommer charged those of Holland with Discord though they maintein'd the contrarie and prosecuted the managing of their affairs very unanimously and handled them so roughly upon that pretence his own Hous should bee visited now with so much Discord and Contention and that those of his Hous must take their Refuge and seek unto those very States for Right and Redress whom hee but a little before had subdued in a manner The Court of Holland propounded several waies of Accommodation But the Grand mother clayming part in the Guardianship and the Mother all entire to her self all expedients and conciliatorie means were frustrated insomuch that about the end of Februarie Sig t Matsvelt and Commissarie Copes were sent in behalf of the said Princess Grand-mother and the Prince Elector of Brandenburg to the Prince's Council insinuating and declaring there by a missive from the said Grand-mother all Acts possessorie made by the Princess Royal to bee null and of no validitie with charge and countermand to surceas the like for the future or that They should know how to resent it against their persons and this was likewise more especially intimated by a Letter to Secretarie Bucero the Princess Grand-mother grounding her self upon this That according to all Rights and Laws nothing ought to bee innovated or attempted by the Princess Roial deliberante Principe Judice the States and Court of Holland The Princess Roial stood upon this Shee would have her mother in law first of all to acknowledg her Guardian and then shee would hear her speaking of Co-Guardianship The Mother in law on the contrarie would have the Princess Royal first of all to acknowledg her Guardian and hearken then what shee could saie for partnership The Baptism of the young Princess was at last resolved to bee solemnized on Sundaie the 15. of Januarie the Ceremonies whereof were performed in the great Church that afternoon in manner as followeth The Deputies of the States General those of Holland those of Zealand as also those of the Cities of Delft Leyden Amsterdam assembled themselvs presently after high noon each partie in their usual places of assembling Those of the States General rode first to Church in a Caroach and took their places appointed for them all which together with the passage all a long from the entrie of the Church and Church-yard the waie they came covered over with black Baies The Steward Dorp together with the Prince's Gentle-men and Halbardiers came to meet the Deputies of the States General first and afterwards the rest of the Deputies successively unto their Caroaches and led them to their Seats Tegneius the minister was to make the Sermon and Lindanus to administer the Sacrament The Church was so throng'd and fill'd with people greedie after Noveltie that it caused very much disorder and disturbance both in singing and preaching the one was confounded the other could scarce bee heard by any for all the autoritie and command for silence insomuch that the minister was fain to give over abruptly soon after the infant and the rest of the train were got in once There had been som Disorder likewise at Court which caused them to com later then was exspected and that by reason of the dispute about the Duke of York his going along with them The first order was that the Princess Albertina should carrie the Infant and bee led by the Duke of York and Prince Edward But the Duke desired to bee excused saying hee had not been wellcom'd by the State and if on this occasion hee should meet with som of the Government hee knew not how to comport himself towards or salute them nevertheless hee said hee would go along and lead the Queen of Bohemia but afterwards considering that likewise hee repeated his former Excuse and went not at all But hee himself having made no address at all before unto the State of his coming that hee might bee wellcom'd by them his Excuse was none and it was thought hee refused it onely of greatness or by reason of the contesting of the Princesses Royal and Dowager about the Guardian-ship But hereupon the Princess Albertina likewise refusing to carrie the Infant it was moved my Ladie Stanhope Governess of the Princess Roial should carrie it and the young Ladies of Brederode and of Dhona should bear up the Train beeing a long piece of cloth with white fur and black spots This was opposed by my Ladie Brederode
Provinces whose Stadholders were not invested with the qualitie of Captain General over the whole Union wherefore also the Province of Groninghen and the Omlands were not content as all the rest of the Provinces in making their Stadholders Captains General by Commission but expressed besides in plain terms in the IX Article of their Instruction That the Stadholder shall likewise bee Captain General and the Chief-head note of the forces of Hors and Foot which at present are or hereafter may com into the said Province As also by your N. M. themselvs and the Lords of Holland and Westfriesland it hath been several times solemnly declared especially by the resolution of Febr. 6 1587 That his Excellencie Prince Maurice of immortal memorie who was then particular Governor and Captain General over Holland and Zealand and had no Commission yet from the Generalitie should have the direction and managing of the Militarie affairs by land in Holland and Zealand and particularly of besetting or garrisoning all the Cities and Forts of the said Countries with the advice of the States thereof or their Comissioned Council whence it follow 's that since the Voicing Provinces have neither by the Commissions to the Captains General of the Union granted nor by any other Act resigned or given up the foresaid Autoritie over the Militia and the direction of Militarie affairs That the successive Captains General of the Union could claim in that qualitie no power or autoritie in the world within the territorie of the Voicing Provinces Insomuch that the function of the Captainship General could bee exercised no where but in the Field or general Expeditions and without the resort or jurisdiction of the Voicing Provinces It is true indeed that our Forefathers in the beginning of the War found good following the example of the King of Spain and former Lords of the Countrie to appoint a Governor General over these Countries whose Autoritie withal extended within the limits of the Voicing Provinces even in matters of policie and justice it self in the highest Degree But having perceived afterwards by the sensible example of the Excesses committed by the Earl of Leiceâ—ter how easily so great a power may com to bee abused to the great prejudice of the Countrie and with extreme danger of the libertie and freedom of the people therefore our Forefathers bethought themselvs and resolved to mortifie the said charge of Governor General as also from that time ever since to this day the same remained thus mortified they having chosen into his place not a Governor General again but onely a Captain General whose power having in no kinde of way as is proved before extended within the limits of the Voicing Provinces as that of the Governor General had don and consequently onely over the Armie or Leaguers without the respective resorts or jurisdiction of the Voicing Provinces and beeing drawn forth into the Field All which appear's more fully by conferring the Contents of the Commission given by the Joint Provinces to the Earl of Leicester as Governor General with that which was given by them to the Princes of Orange as Captains General and you may bee sure that our prudent Forefathers would never have resolved for the choosing of a Captain General if their grievous War had not required an Armie in the field and the same beeing abroad compelled them by evident necessitie to provide a Chieftain for it However things beeing brought now thus far through God's gracious Assistance that the bloodie Wars are changed into a long-desired peace and consequently the forementioned moving caus is com to ceas thereby wee cannot otherwise judg but that the Charge which was grounded upon that caus is in effect by the cessation thereof to bee held exspired and mortified of it self wee beeing not able to see how where no leaguers are gathered a Captain General could bee made there over the Leaguers which are not or a Chief field-Commander where there is no field-Expedition Nor have wee ever heard of or met with any example that ever any Republick in the world reteined much less chose a Captain General in time of peace But on the contrarie it is well known that many well-governed Countries are wont to give Commission to their Captains General or Chief field-Commander onely for such a March or Expedition the same General in that case no sooner returning with the forces into their Garrisons or Winter-quarters but laying down again that Qualitie of his notwithstanding that the same Wars continue still in those parts and the Armie beeing to take the field again soon after must bee provided with another Chieftain The Duke of Alva was the first of all whom the King of Spain did constitute specifical Captain General over these Netherlands under the Government of the Duchess of Parma in the year 1567 in whose Commission bearing date ultimo Januarii of the said year the King of Spain expressly allegeth the motives and reasons thereof to bee the troubles and disturbances arisen in the Netherlands together with the necessitie of using the way of Arms as hee pretended whence it appear's and hee sufficiently shewed it thereby himself that in quieter times or peace the same should never have happened Upon all which arguments wee grow very confident that your N. M. apprehending together with us in these present conjunctures That a Captain General can bee of no use nor benefit at all to the United Provinces assuredly you will not now contrarie to the example of all other Republicks and even of the Netherlands themselvs and contrarie to the practice of all well-governed Nations press and urge the choosing of a Captain General to the dissatisfaction of your Confederates and those especially who in all times of trouble have been one Republick as one Bodie yea as one Citie together with your N. M. As after wee chearfully took it for a pledg and token thereof that your N. M. Deputies at the particular conferences with a Committee of our Lords lately met at the Haghe declared then That during the minoritie of the young Prince of Orange the choosing of a Captain General could well bee waved without any prejudice to the Countrie Nevertheless wee finde our selvs necessitated to declare that wee cannot finde it agreeing with reason nor consistent with the service of the Countrie that your N. M. Deputies seem to infer and urge withal viz. That a resolution should bee settled out of hand for the not choosing of any Captain General during the minoranitie of the said young Prince of Orange Nor that it should bee decreed the same Prince beeing com to age and judged fit by the most Voicing Provinces hee should then bee preferred to the Captainship general before all others Considering on the one hand that it could so fall out at one time or other by Wars or otherwise which God in mercie avert and protect these Countries from as that the condition of the Land should require it to proceed to the choice of a
Captain General during this said Minoritie when it would prove very prejudicial to the publick interest that the Provinces in that case should bee manacled by such an Engagement from doing their Countrie service And on the other hand it might so happen likewise as wee hope to God it shall that the young Prince of Orange beeing com to age these Netherlands may yet enjoie the blessing of a settled Peace so that all the reasons and motives formerly alleged whereupon wee ground it at present unserviceable and unadvisable to make a Captain General shall remain the same and firm and good still yea and that at that very time also the Election of a Captain General may bee found and held directly to bee against the service of the Land and repugnant to its welfare And that it would prove the highest prejudice to have in any sort obliged our posteritie by such Engagements However and in all cases whatsoever wee are fully perswaded that the welfare and service of the Countrie or the publick or common good and interest is that which ought to bee the onely aim of all good Governors and the onely square whereby they are to rule and order all their Actions and Deliberations and that above all things the same Freedom is to bee left unto posteritie to dispose themselvs in their own time of such weightie concernments so as then they shall judg requisite and expedient for the good and service of the Countrie it beeing likewise to bee feared upon very probable ground that the Governor to com shall protest that in matters of such weight and moment the Resolutions or promises of their predecessors could not binde them nor prejudice their own Deliberations Whereby it would com to pass then that the Prince of Orange and his Adherents grounding themselvs upon these promises and conceiving that by virtue thereof they have a just claim and title there must needs arise Factions and Fractions in the State which wee are confident your N. M. will ever help and endeavor to avoid and prevent according to their wonted providence Besides that in all the Provinces express resolutions have been taken and prohibitorie Laws enacted against seeking of Reversions or Survivances or promising of any Offices or Charges for time to com and in som Provinces against the very nomination of a Captain General within themselvs doubtless becaus that such survivances and promises are usually procured and practised by corruptions or favor of som great ones without regard had to the common good and service of the Land Which reasons together with sundrie others wee dare promiss our selvs your N. M. will finde sufficient to persuade you not to proceed in this weightie affair without the orderlie cours and against the accustomed order but by the common advice of both Provinces Now although this Proposition made April 25. was not otherwise answered but in complemental and general Terms That the Lords of Zealand would so instruct and charge their Commissioners now readie to return to the great Assemblie about the matter proposed that the common interest should suffer no detriment by it but all endeavors used for tranquillitie and settledness Yet there happened soon after a very remarkable change and alteration of things in Zealand as will bee seen toward the latter end of this book in prosecuting the affairs of the Hous of Orange At present wee shall return to the most observable Result and Issue of the great Assemblie where the Lord van Andref presiding in the latter end of April propounded That their Hi. Mi. would bee pleased to take into their consideration how to elucidate their Resolution of Jan. 27 last touching the point of Religion together with the consectaries and dependencies thereof and especially for the finding out of such a Temperament about the repairing of the Romish Clergie into these Countries as might best and most commodiously bee introduced without derogating to the Treatie of Peace as also about the framing of an uniform cours of executing the Laws of these Countries made against the Papists Whereupon next daie the Lord President mooved that there might bee som Lords commissioned of the Provinces for to inform themselvs of the waie and cours which was kept in this behalf during the twelv-years Truce here and accordingly to prepare a Draught of a fit and requisite Temperament to bee presented to the Assemblie that Deliberation had upon the same som Resolution may bee taken about it This same was afterwards referr'd to the Ordinarie Assemblie of the States General and tacitly left as it was resolved Jan. 28. last and reassumed Julii 17 o. In the beginning of Maie the Lords of Holland propounded and desired that the Lord Field-marshal might bee admitted into the Council of State to assist the Consultations about militarie affairs but the rest especially those of Friesland Groninghen and the Omlands had no minde to it This same month there were great pains taken about the business of giving Patents or Commissions and enlarging the Instruction for the Council of State and stopping Corruptions May 12 o. a Form was agreed upon and determined of giving Commission to the Governors and Commanders of the Cities and places immediately resorting under the Generalitie according as the same was presented to and read before the Assemblie two daies before and in persuance thereof all the said Governors and Commanders who formerly were onely autorized by his High s the Pr. of Orange were summoned hither by their Hi. Mi. where they received all their respective Commissions and took their oath upon it Here followeth the form of the Commission THe States General of the United Netherlands greeting all those which shall see or hear the reading of these present do publish and make known hereby That wee reposing Trust in the valor manfulness and good Experience in handling Militarie affairs of Title and Name of the Governor or Commander wee have with advice of the Council of State of the United Netherlands continued appointed commissioned and autorised him as by these wee do continue appoint commission and autorise him to be Governor or Commander over the Citie or Fort c. Name of the place giving him full power autoritie and special Charge to commaad all the Souldierie and Forces lying in the said Citie or Fort or according to future occurrences and accasions to bee put in Garrison there and to use and employ them against all and every one that shall attempt or practise any hostilitie to the prejudice of the said Citie c. and the State in General the Provinces in particular and the members thereof and that in such sort and manner as hee shall bee ordered and commanded by Us and the Council of State of these United Netherlands or by others entrusted by Us keeping the Garrison in good order militarie guard and Discipline by daie and by night without suffering them to endammage or molest the Citizens and inhabitants of either Citie or Countrie where they lie in the United
and consent yea and Patent too of the States of that Province or their autorised Commissioners VI. They shall caus no forces to pass through any Voicing Province without giving timely notice thereof to the States of that Province or their autorised Commissioners That order may bee taken for those marchings VII They shall alter and change the Garrisons of the Frontier Towns and Forts from time to time with the advice of the Council of State and with Patents in manner before so as it shall bee found to make most for the seruice and welfare of the Land according to the occasions and occurences of affairs VIII They shall likewise caus an exact list to bee kept of the Garrisoning of all Cities Forts and places so as the same shall bee conditioned from time to time and caus coppies thereof to bee imparted to the Provinces desiring the â—ame IX The foresaid Commissioners at present beeing or succeeding afterwards in the foresaid Assemblie of the States General shall promise by Oath and swear they will precisely regulate themselvs according to the contents of this Instruction and every Article thereof without transgressing or contrarieing the same in any Article directly or indirectly nor â—uffer ought to bee don to the contrarie and in this behalf they shall by Oath renounce all particular correspondence with either Province Cities or Members thereof or any private and particular persons in any matter or waie that might prove prejudicial to the publick interest and that without any regard of the Provinces or Cities where they were born or chosen or of the particular profit of themselvs or any others and promiss to have nothing before their eies but the welfare and conservation of those Countries and the publick interest and doing besides in this behalf what good and faithful Commissioners are bound and ought to do Upon which Instruction the present Lords Deputies at the Ordinarie Assemblie of the Generalitie are obliged forthwith to take their oath before the present Great Assemblie as likewise the rest now absent are to do from time to time as they shall present themselvs or such as may bee further deputed by the respective Provinces during the Session of this present Assemblie or the same beeing ended before the foresaid Ordinarie Assemblie of their H. M. insomuch that none of the Extraordinarie Deputies of the respective Provinces at the said Assemblie shall bee permitted to participate of the Deliberation about the giving of the said Patents but having first taken the oath in behalf of the foresaid Instruction Now follow 's the form of the Oath for the Souldierie mentioned and established by the tenth Article of the above standing Resolution The Oath to bee made by Souldierie to the States General I A. B. do promiss and swear to be true and faithful to the States General of the United Netherlands abiding constant in the Union and maintenance of the Reformed Religion and especially to the N. M. Lords the States of N. my pay-masters together with the States of the other Provinces where I shall bee emploied as also to the Governors or Magistrates of the Cities as well within the said Provinces as without them where I shall bee put in Garrison to serv them resolutely and faithfully under the conduct of the Chieftains and Commanders set or to bee set over mee to honor respect and obey the foresaid Lords the States General and the particular my pay masters together with the States of the other United Provinces wherein I shall bee employ'd and put in Garrison and the Governors thereof at present beeing or succeeding afterwards and such as have or may have in time autoritie there given them over the Souldierie and the foresâ—id Chieftains and Commanders set or to bee set over mee in their respective commands for such time as I shall continue to bee employ'd in the respective Provinces and Cities and and moreover to govern and regulate my self in all things according to the Articles and Orders made for the service and especially to obey and respect no Patents but such as shall bee conditioned in manner as followeth To wit Under the Attestation of the Lord President besides the signing of two other Lords of the Deputies at the Generalitie the subscribing of the Secretarie the Seal of their Hâ— Mi. the attesting of the President at the Council of State the signing of the Secretarie and the Seal of the Court of the Council of State beeing accompaâ—ied likewise with the Patents of the States out of or into whose Province I shall bee commanded to march provided withâ—l that lying within any of the United Provinces I shall upon the special Patent of the States of the Province or their autorised Commissioners transport my self into any Citie or place of the said Province and likewise into the Cities and Forts immediately resorting under the Generalitie and back again out of the said Cities and Forts into the Province whence I was sent forth at any time and as often as their N. M. shall finde it requisite for either their own or the Generalities service and that in marches also or thorow-faires through any Voiceing Province I shall practise no manner of hostilitie or disorder nâ—r any other trouble or molesâ—ation whatsoever upon the Inhabitants of the foresaid Provinces nor suffer any trespass of this kinde in the Souldiers under my command nor attempt any thing my self nor suffer those under mee to attempt the least to prejudice distress or endammage the same Provinces Members or Cities thereof and if so bee that any shall bee sent to meet mee lawfully impower'd by the States of such a Provinâ—e or their autorised Commissioners for to conduct mee in the said march that I shall punctually follow the orders made in that behalf So also coming towards any walled Towns of the foresaid voicing Provinces that I shall not enter into the same withâ—ut first giving notice of it to the Magistrates thereof but that I shall remain without waiting for their order and pleasure whether it bee to let mee pass through their Citie or along the same without it So help mee God The Lords of Friesland of Groninghen and the Omlands declared that they were readie to conform to all aforesaid with the 5 other Provinces and accordingly to consent to the foregoing Resolution under their respective Declaration to wit The Lords Commissioners of Friesland That they approved the Articles of the Conference Conciliatorie of Maii 20 o. 1651. since Jun. 16 o. established under this express restriction and reservation That this Provisionally determined Order touching the Direction and disposition of Militarie affairs should not bee prejudicial to the method form and order alreadie concluded on for the conservation and mutual entertainment of the Union or to bee concluded hereafter in case the one or the other Province would not accommodate themselvs to reason and the observation of the Union in som point or other As also their N. M. understood it so That the Right of a
Stadtholder or Stadholders should not bee prejudiced thereby that the name onely of the Council of State is expressed in these Articles without adding that of Stadtholder or Stadtholders Their N. M. conceived the words of Stadtholder or Stadtholders ought to bee inserted and likewise that these Articles should not in the least prejudice the Right of the Province of Friesland or their Governor in disposing over the Neighbor Forts and Commanders according to the old custom together with the Resolution and agreements of their H. M. in several years past The Lords of Groninghen having examined the foresaid Advice Conciliatorie they declared likewise that they could easily conform thereunto provided there were but som â—all alteration made therein which they conceived did â—ncern the interest of their Province in particular the 〈◊〉 part of the foresaid Advice and Resolution 〈◊〉 remaining otherwise entire thus namely â—at in the I. Article and all the rest where it is said With 〈◊〉 advice of the Council of State the words may bee read thâ— With advice of the Lords Stadholders or Stadholder and the Council of State Instancing further that the Stadholder of â—e Province of Groninghen and Omlands had the undoubtedright to sit in the foresaid Council and especially in mâ—er of securing the Frontiers and the like whereof the secoâ— Article treated for to serv their Hi. Mi. with advice what might bee requisite in cases concerning them for the Text remaining as it is in the foresaid Resolution might otherwise at first somwhat obscure and at length que obliterate this clear Right of their Province so well knâ—wn yet to their Hi. M. themselvs All which said they might easily bee prevented by the foresaid insertion withâ—t nevertheless altering any thing essential in the establishâ— Resolution it beeing said they far from the meaningâ—d intent of this solemn Assemblie to prejudice any Memâ— thereof in their due Right and Autoritie Touching the V. Artic. th said Deputies of Groninghen represented to their H. M. That bâ—th in the Province of Friesland theirs the Direction Dispâ—stion of the garrisoning keeping the forts of Câ—â—vorden ohers lying about the Provinces had ever since the Reduction of Groninghen been and remained at the Disposal of their Stadholders and that consequently the besetting and guarding of those Forâ—s and Sconces were from time to time in especial manner recommended to the respective Lords Stadholders of the said Provinces in their Instruction And accordingly the Commanders thereof were alwaies put in by and received their Commissions from the said Lords Stadholders And all that in the same method and manner which their H M. had been pleased to appoint themselvs in regard of tâ— said Sconces and circumstances in the year 1596 and atâ—â— times Should the Text of the fift Artic. remain in tens as now it is couched the foresaid right and autoriâ— of the Lord Stadholder of the said Provinces would 〈◊〉 notably impaired to the no small prejudice of the 〈◊〉 Provinces in their remoteness And therefore the ords of Groninghen and Omlands conceiv that the foresaid fift Article ought to bee altered or claused thus to 〈◊〉 Saving the right and interest of the Provinces And furtâ—r their N. M. conceived That the Order or Direction affairs Militarie now advanced by the Advice Conciliorie beeing but provisional it ought to bee expressed 〈◊〉 it should stand and bee of force onely until it shaâ— bee otherwise disposed of as the constitution of the Land shall require it The present Lords Deputies of the â—rovince of Over-Yssell having seen what the Province of Friesland and Groninghen pretended yesterday Jun. 16 at he Assemblie in their Exceptions delivered in about the oints of Direction of Militarie affairs and giving of Pants namely that the Direction and Disposing of gaâ—isoning and keeping the Fort of Coevorden belong'd of â—ght to them They the Lords of Over-Yssell could not pâ—s it thus without contradicting it in behalf and for the conservation of the Right of their Province in that particulâ—â— against the pretences of the said Provinces of Friesland and Groninghen However within a few daies after viz. Jun. 21 it was agreed That touching the Exceptions of the said three Provinces there should bee satisfaction given them in manner as followeth That upon the motion of som Provinces at their H. M. Assemblie it was found good upon precedent deliberation expresly to declare That by the Resolution taken June 16 about the Direction of Militarie affairs and the giving of patents their H. M. meant not to enervate alter or prejudice in any kinde or part the Articles of the Union and everlasting Confederacie made at Utrecht betwixt the United Provinces Januarie 29 1579 nor the Articles of Instruction for the Council of State in as much as may concern the the Stadholders nor that the Provinces or any one of them shall bee prejudiced in the least by the abovesaid Resolution nor their Stadholder or Governor in the Disposing over som neighbor Forts and Commanders when ever they shall make it appear by Resolutions or Agreements of their Hi. Mi. or by any other lawful Title that they have gotten an absolute Right of disposing therein In the foregoing Resolution of Jan. 16 the Oath is set down to bee made to the Generalitie But how and in what manner there were framed three other Forms touching the Provinces and Cities in particular whereof soâ— mention is made in the former Oath to the Generalitie the same is to bee seen by the Copies following the first whereof is The Form of Oath to bee made by all Chief Commanders Collonels Ritmasters Captains Lievtenants under-Officers and all the Souldierie standing upon the Repartition of Holland and Westfriesland into the hand of the States of the said Province or their Autorized Commissioners WEe do promiss and swear to bee true and faithful to the States General of the United Netherlands remaining constant to the Union and in the maintenance of the true Christian Religion and especially to the States of Holland and Westfriesland to serv them resolutely and faithfully in the Defence of the foresaid United Netherlands and especially the Countrie of Holland and Westfriesland the Quarters Cities and Members thereof against all their enemies to bee obedient to the said Lords the States of Holland and Westfriesland or their Autorized Commissioners in what they shall command us for the furtherance of the service and defence of the said Countries and particularly to help to protect and defend the open Countrie of the foresaid Province from all inquartering and disorder of militarie forces * * Note The words as also c. to Autorized Commissioners inclusively to bee left out at the swearing of the Common Souldier as also that beeing within the said Province wee shall not march forth or beeing without wee shall not enter into it for to bee emploied quartered or garrison'd there but upon the Patents of the said Lords the States of Holland and Westfriesland or their
enjoy'd any gifts bribes or presents in mâ—nner aforesaid either in person or by others That then they shall forfeit their Charges and Offices wherewith they are invested and bee withal declared incapable of beeing employ'd again in any other besides other arbitrarie punishment to bee inflicted upon them And all the members at their first admittance in the respective Courts shall bee bound to swear into the hands of the chief Assessor or President a certain oath to bee framed and fitted for each Court according to its condition And to the end that their Hi. Mi. good intention may take the better effect every one that shall bee able to inform their Hi. Mi. that one or other of the foresaid Government shall have received any such bribes or presents hee shall bee rewarded at least with 600. flor or more according to the circumstance of the thing And of this their H. M. Resolution there were copies sent to all the foresaid Courts to govern themselvs precisely according to the tenor thereof Moreover it was found good by their H. M. to publish the ensuing Proclamation which was forthwith printed and according to the custom of the Countrie published and affixed in all such places where things concerning publick observance were used to bee published The Proclamation so as the same was printed published and affixed follow 's THe States General of the United Netherlands to all such as shall see or hear the reading of this greeting Bee it known That whereas it hath been discovered that som dangerous and pernicious people do so far presume to the great dishonor and vâ—lifying of the chief Government and other Courts of the Generalitie and to the no less grief of the members thereof that having any caus or business at or before the said chief Government or Courts they dare adventure to present or caus to bee presented to the members thereof any gifts bribes or presents wâ—enas on the contrarie they ought to have that opinion of their faithfulness sinceritie integritie and uprightness as the worthiness of their place and function is requiring Wee therefore for due redress hereof do hereby most expressly interdict and streightly prohibite every one of what qualitie or condition soever at any time to present give or promiss directly or indirectly whether by bargain sale exchange or any otherwise to any of the chief Government or other Courts of the Generalitie the Courts of Justice of Braband and Flanders or to their prime Ministers or Officers respectively as also to the Magistrates and places of Judicature resorting under the Generalitie none excepted or to their wives children or to any of their Houshold or to any other having relation to them any gifts or presents of any thing how small soever even of meat and drink-wares for the obtaining or having obtained for either themselvs or som bodie els directly or indirectly any Charges Offices Benefices Grants Judgments Results or Decrees in any kinde of business or for the expedition thereof under what pretext soever upon pain that the Transgressor shall bee condemned to paie a Fine proportioned to or equalizing the value of the matter which hee hath depending either in his own or any others behalf before the said Chief Government or other Courts of the Generalitie the Courts of Justice of Braband and Flanders their prime Ministers or Officers respectively or any Magistrates or place of Judicature resorting under the Generalitie besides other arbitrarie punishment infamie and uncapableness of ever beeing readmitted to any publick charge office or benefice whatsoever and that the same persons shall ipâ—o facto forthwith bee and stand deprived of all such charges offices and benefices as hee may have bear and enjoie and all this without any connivance mitigation or moderation to bee used to himwards the foresaid Fine to bee employ'd and bestowed among the Officers the Informers and the poor for each a third part thereof and the Informers person and name shall bee kept secret besides and if hee were guiltie himself in this kind hee shall have indemnitie And to the end that all this may well and in all parts effectually bee performed and practised the Lords the States of the respective Provinces have promised and assured one another promptly and fully to execute and caus to bee executed within their several Jurisdictions all the Resolutions Sentences and Judgments which by the respective Courts upon address made by Us the Council of State or other Courts of the Generalitie or of the Court also of Braband and Flanders and other Magistrates and Jurisdictions under the Generalitie shall have been pronounced against the Transgressors of this our Act and Proclamation or otherwise to proceed against them upon address as before according to the tenor of the said Act and that without any connivance refusal or delaie for thus wee finde it requisite for the service of the Land and therefore wee do signifie unto and desire the Lords the States the Commission'd Councils and deputed States of the Respective Provinces of Gelderland and the Countie of Zutphen Holland and West-Friesland Zealand Utrecht Friesland Over-Yssell Groninghen and the Omlands the Courts of Justice and Governors in Cities and the open Countrie to caus this our Act and Proclamation to bee published and affixed every where in the usual places Don at the Assemblie of the said States General at the Haghe in the great Hall of the Court of Holland this first daie of July 1651. Attested Jacob Vett vt underneath stood By Order from the same signed N. Ruysch and sealed with the Seal of the said Lords the States General in red Wax The Form of the Patents was agreed on in manner as followeth THe States General of the United Netherlands after advice taken with the Council of State do hereby charge and command Captain to transport himself readily with his Companies Colors and complete Arms upon sight hereof into garrison at within there to keep garrison for a short time and till further order And by the waiâ— hee shall take care that the Countrie people bee no waies molested or damnified Their H. M. enjoining the and Magistrate of the said Citie to furnish the said Companies with lodgings Don at the Hague the By Order of the said Lords the States General Don thus after advice taken with the Council of State By Order of the said Council of State THeir H. M. had desired the Council of State to advise upon the setting down of the Number of Companies which according to their H. M. Resolution of June last 16 Artic. 6 were to bee left in the respective Voicing Province as well for the garrisoning and garding thereof as for the executing of their civil Orders and Commands having first conferred about it with the Lord Field-Marshal and other Militarie chief Commanders In conformitie whereunto having conferred with his Excellencie the Field-Marshal and likewise heard the Lord of Beverweert Serjeant Major General of the Armie and his Excell cie the Stadholder c. and
in pieces nay the Papists are and continue so bold and daring that in violent and hostile manner they fell upon beat and wounded the Lievtenant of the Land Drost Ravesway when hee was com to dissipate the assembling of them by hundreds in the Chappel of Aerler in Peeland and would doubtless have endangered his life if hee had not been rescued by som Troopers coming to assist him The idolatrous Crosses and Saints-Shrines by the high waies sides which the Papists so much resort to in their blinde devotion they remain standing in many places still for all the Ordinances made against it and in the Citie of the Bosch the Priests and Jesuits do dwell and convers so openly that they have divided the whole Town into quarters and parishes amongst them and your ghostly sisters run the streets up and down by hundreds and their idolatrous worship is so freely and frequently exercised there that the Countrie people of the Mayerie com flocking thither and of the Baronie of Breda and Marquisate of Berghen and Countie of Linghen and Land of Cuyck the report goe's that the Papist's insolences are nothing abated but encreas rather daily in many places and that particularly in Breda there are ordinarily six or seven Popish Priests residing whose habitation is publickly known and such a Concourâ— there to their superstitious worship as if they had publick licence and autoritie from the Magistrate that in the open Countrie the Priests remain still and in many places where heretofore there was but one there are oft-tâ—me two or three now that here and there they keep possession of the Parsonage-houses by force and there instruct the people and have nothing undon and unattemted to hinder the free courâ— of the Gospel besides that the Political reformation is but slenderly advancing any where in those parts but the Papists Officers continue in their places and dare presume under color of Countrie charges to collect and gather monies for the entertainment of their Priests that in the Countie of Linghen all the chief Officers but four are Papists oppressing the Reformed Churches and opposing the exercises and functions of the Ministers besides their laying taxes upon the inhabitants for their Mass-priests and punish them which refuse to paie the same insomuch that there is scarce any left which dare shew himself well affected to the Reformed Religion for fear of trouble Of all which and divers other exorbitancies the Deputies having good information it is much to bee feared if there bee not som speedy cours taken that the hope of Reformation will shortly vanish altogether and therefore they the said Deputies of the Synods do with all due respect address themselvs to their H. M. beseeching them with most sollicitous hearts that orders may bee taken and settled in this great Assemblie of their H. M. for the effectual execution of their foresaid laudable Resolution upon the point of Religion and matters coincident taken and decreed in your H. M. great Assemblie Januarie last 17 and consequently that not onely by every Province within their own jurisdiction but also by your H. M. in the Mayerie of the Bosch the Marquisate of Berghen Land of Cuyck Ravestein and Over-mase and other quarters immediately resorting under your H. M. the Papist's insolencies may effectually bee refrained Religion mainteined and the Reformation both Ecclesiastical and Civil as far forth as the same is defective yet without further delaie brought to perfection and in particular that the place Ghement having been provided with a Reformed Preacher for these three years may bee mainteined by this State that likewise som quick and vigorous means may by your H. M. wisdom bee found out established and published whereby all Sectaries may bee kept in aw and order without reviling the Reformed Religion or the Ministers thereof by words or writings not suffering them to spread into any other places but where they are at present according to your H. M. Resolution Item that all Popish protended Ecclesiastical or Spiritual persons Jesuites Priests Clergiemen Friars may bee kept out of the land as beeing no subjects to any secular Princes or Magistrates but onely to the Court of Rome according to their own Tenents And besides all this that all crying and God-provoking sins such as are the publick violations of Sabbaths Cursing Swearing and divers others shewed forth by the former Remonstrance presented to your H. M. Januarie last 20 might bee made to ceas once among us and all your H. M. Officers charged upon forfeiture of their places and other heavie censures punctually to execute and perform your H. M. good intention in this behalf And not to detein your H. M. anie longer They the Deputies do once again in the Name of the Churches in general yea in the Name of our great God and Saviour Jesus Christ praie and beseech your H. M. that yee would bee pleased to entertein this their Remonstrance with heartie tenderness and let it prevail so far that it may bee seconded with a fruitful execution that as your H. M. famous Assemblie began with the LORD his Word and Honor so it may likewise end there to the joie and comfort of all the Churches of our Father-land which at present with great longings do exspect and look up for the great Work of securing and setling of Religion happily begun by your H. M. great and illustrious Assemblie that it may not bee left half don but carried on to perfection Your High Might most humble servants in the LORD the Deputies of the respective Synods of these United Netherlands Signed Petrus Cableau Deputatorum Praeses Virgilius Coâ—nely Doct. Deputatorum Assessor Albertus Thomae Deputatorum Scriba Abrahamus Tilenus Cornelius Lamanus Nathanaël Voghelsang Volckerus ab Osterwyck Regnerus Berckel A. Pereyn Jacobus Clerquius Maximilian Teling Matthias Waelsweer Joannes James-Huysen John Knyphuysen The 15 of June there was brought in the following appointment for Vacations and travelling expences both for the Lords Commissioners of the Generalitie and those of the Council of State whereof mention will bee made hereafter about the resolving and settling of the Instruction for the Council of State As that one of the said Lords travelling in Commission with one or more servants shall bee allowed for vacancie and entertainment in the journey repast and baiting comprehended therein eight gilders per diem Taking a Messenger along besides his man or men aforesaid hee shall bee allowed two gilders more per diem over and above the foresaid sum in all ten gilders besides the said Messenger his Vacancie as also the said Lord his Boat Ship Waggon Fraight Convoy or such like charges which ought to bee put upon account apart One of the Lords travelling with a greater Train or Companie then his fellow-Commissioners the said his fellow-Commissioners ought not to bee put to charges by it The said respective Comissioners shall accept and partake of no defraiments by the Magistrates of the Cities and other places resorting under the
Ordinarie Deputies at the Generalitie desiring their advice about transplacing or sending forth of any Companies and giving of Patent to the same to supplie the desired advice to the said Assemblie with all expedition IX And besides that likewise to inform and advertise the said Assemblie of the Ordinarie Deputies at the Generalitie from time to time of the true State and condition of the foresaid Frontiers and necessitie of changing som of the Companies as often as the same shall judg that the service of the Land requireth it X. And to the end that the before-mentioned Patents may bee duly expedited according to the minde of the joint-Confederates and as much as may bee don care had that no Companie shall march into any Voicing Provinces to bee put in Garrison there but with permission and particular Patent of the States of that Province or their autorized Commissioners as likewise that no Companies shall bee removed or drawn forth out of the Voicing Provinces whereby the prescribed Number agreed upon or hereafter to bee agreed upon with common advice of the respective Provinces to bee left in each Province respectively for garrison in the Cities and Forts thereof and for assisting the Magistrates in the executing of their civil command may com to bee lessened the foresaid Council shall review and carefully observ the Patents after their advice transmitted unto them by the Assemblie of the Ordinarie Deputies at the Generalitie whether the same Patents bee attested by the President at the Generalitie and signed by two Deputies of the two succeeding Provinces present subsigned by the Secretarie and sealed with the Seal of their Hi. Mi. XI And if at any time any Patents shall serv to make any Companies to march into a Voicing Province then the said Council shall observ further whether the Claus bee inserted therein whereby the Officers are warned and charged by their Oath that they will not march with their Companies into any such Province ere and before they shall have got permission and particular Patent from the States of that Province or their autorized Commissioners And if so bee the Patents shall serv thereby to draw forth any Companies out of a Voicing Province the foresaid Council shall take care that in the same Patents there bee blanks left or open spaces for the names of the Officers which are to lead the said Companies to bee filled up by the States of the Provinces out of which the said Companies are desired or by their autorized Commissioners according to occasions and the Orders agreed upon between the Confederates in that behalf XII And finding that the said Patents are attested signed subsigned and sealed in manner abovesaid and contein the foresaid claus of any Companies designed for marching into any Voicing Province for Garrison and having blanks for names of Officers to lead the Companies upon certain occasions and to draw them forth out of a Voicing Province then and not otherwise shall the foresaid Council likewise attest the said Patents by the President in the Council and sign them by the Secretarie and seal them with the Seal of the Council thus without any further delaie to bee forthwith dispatcht and sent away XIII Moreover the foresaid Council wherever the States of a Voicing Province or their autorized Commissioners shall bee desired in time of need by the Generalitie to yield to the drawing forth of som companies out of their Provinces whereby the number to remain within the Province according to the fore-cited agreement to the ends aforesaid com's to bee lessened shall to their uttmost take care and endeavor that the Need or Necessitie which caused the drawing forth of the said Companies beeing past over the foresaid Companies bee readily returned to their former Garrisons or others in their stead XIV The said Council shall likewise take care from time to time that the Frontiers of the State in general bee duely provided with needful ammunition provision and other requisits of War XV. The said Council shall endeavor That the General means for the common defens of the Land throughout all the United Provinces the associated Countries the Cities and Members thereof together with the Quarters resorting under the Generalitie particularly agreed or yet to bee agreed upon and referr'd or yet to bee referr'd to their Disposition by the consent of the Provinces may every where bee well and equally levied and that the Farmers and Collectors thereof bee maintained in the inning and executing of what is let out or given in charge to collect and that the transgressions of the Ordinances made or yet to bee made in that behalf bee punished without any connivance And in these matters concerning the foresaid means or the Questions and Differences thence arising the Council of Braband and Flanders shall not meddle at all XVI And in the levying of the said General means they shall follow and caus to bee followed such Instructions as are or shall bee made by the States General XVII And in the inning and executing of ihe said common means and other consents or subsidies of the Provinces and in that manner as they shall bee born The foresaid Council shall proceed against the Debtors Farmers and Collectors as also against the Subjects or Inhabitants of the Provinces Cities and places defective or failing therein in the same manner as was used in these Countries about Princes sutes or monies and according to the Warrants exsecutorie to bee issued in that behalf Provided that none shall bee called forth out of the Province where hee inhabits without the consent of the States of the said Province XVIII They shall take care and seriously endeavor that all accomptable Persons of the Generalities means the farmings both in Cities and Countrie the redemtion of means Contribution Mulcts Ecclesiastical goods the Seal of Domaines pourvaying of Provision and Ammunition for the Armie and all other incoms and revenues none excepted shall at the years end bring into the Generalities Exchequer a threefold acount viz. one for the Council a second for the Exchequer and a third for the Receiver or Surrenderer adjoining all the Original Documents and requisites thereof for to bee audited in the foresaid chequer-chamber whereof coppies shall bee returned as formerly and that for to prevent abuses XIX The monies proceeding of the foresaid consented means and subsidies shall bee converted and emploi'd to the paiment of the Souldierie and other Necessaries of War in conformitie to the agreements of the respective Provinces or so as in general shall bee ordained by the Provinces for most profit of the Land and above all there shall bee settle dorder for Mustering and Militarie Discipline over the Souldierie and that they may bee paid by the head as neer as possibly may bee XX. They shall take care that the respective Provinces do paie the Companies their full wages without any abatement or charge of Sollicitors Clarks cash-monies New years monie or any other whatever it may bee called directly or indirectly
that they may receiv their paie monthly there beeing good heed taken that the Ritmasters and Captains bee engaged and kept to it upon pain of casheiring to paie likewise their hors and foot Souldiers their full paie according to the Lands order to wit the hors men every month and the foot souldiers every seven daies and those by whom any transgressions in this kinde shall bee discovered they shall bee rewarded according to the Acts made and to bee made in that behalf and notice taken of besides for beeing promoted and advanced according to the condition of the matter revealed XXI All Orders for paiment shall bee signed by the Treasurer and three of the Council beeing of several Provinces and by the Secretarie of the said Council and no orders for paiment shall bee held valid but these signed as said is together with a Note of Register'd folio tali upon it to the said Orders there shall likewise bee join'd all the requisites and conditions belonging to the orders and in particular what things the orders were granted for and the same thus signed and condition'd shall bee sent to the Generalities Chequer-chamber there to bee viewed examined and registred in like manner in case they bee granted according to the Lands Order Without which the Receiver General is to make no paiment upon pain to have it disallowed XXII They shall also take care and further as far forth as need shall require that the Convoys and Licences may equally bee given and performed according to the respective Consents and Lists made or to bee made in their behalf by the States General and that there bee no hindrance or impediment given by the States of particular Provinces the Governors and Magistrates or commonalties of any Cities or places or by any other to the free passing and forthgoing of the goods which have performed their Convoys and Licence-Duties according to the Lists aforesaid nor that any whosoever shall demand or take ought for the said goods beyond the foresaid Lists and that the contraventions directly or indirectly practised in this kinde bee exemplarily punisht XXIII They shall suffer the Cities according to their antient customs in time of need and when matters can brook no delaie to arm by Sea and to set out men of War at the charge of the Countrie provided they give present information thereof to the Generalitie that they may bee paid out of the foresaid general means and that against all Pirates and other such like Enemies of the common Weal to resist and subdue them save onely that the cognizance and punishment extending to the persons shops and goods shall appertain to the Decision of the Courts of the Admiralties set up or to bee yet further set up in the Respective Quarters XXIV The foresaid Council shall bee obliged to deliver up every third month to the States General and the States of each Province an exact State of the charge of War and of the incom of the means to bee agreed upon and of the employment thereof XXV They shall keep an exact list of the Garrisons of all Cities Forts and places so as the same shall bee conditioned from time to time and shall let the Provinces have copies thereof whensoever it shall bee desired XXVI They shall have a special care that the pales and limits of the foresaid Provinces respectively bee not lessened and that all the Cities and places resorting under the Generalitie bee reduced and kept under an equal contribution for the common defence of the Land as neer as possiblie may bee and that the same cours bee taken and practised in regard of such Cities and places as may yet bee subdued under this State XXVII They shall take care that all Generals Admirals Collonels Ritmasters Captains and all the Souldierie by Sea and Land shall promiss and swear to bee true and faithful to the States General of the United Netherlands continuing in the Union and maintenance of the Reformed Religion and so likewise to the States of the Provinces and the Magistrates of the Cities where they shall bee employ'd and on whose charge and repartition they shall stand for paie and faithfully to serv the same and that they will obey the foresaid States General and the States of the particular Provinces each in their Sphere according to the form of the oath for the Militia established Jun. 16 o. 1651. in the great Hall and that the Governors of the Provinces and Generals shall promiss to obey the Council of State instituted or hereafter to bee instituted by the States General and that the Collonels Ritmasters Captains and all the rest of the Souldierie shall besides that likewise promiss and swear duely to obey the Commands of the Governors of the Provinces where they are emploi'd and the Sea-Souldiers the commands of the Admiral and all such other Heads or Cheiftains as shall bee set over them XXVI II. They shall keep and entertain all Treaties and Alliances made between the United Countries the Provinces Cities and Members thereof with the neighbor-Kingdoms Countries and Common-Wealths and for that end and the advancement of the Trade and Traffick of these Countries they shall entertain all good Correspondence Friendship and Neighborhood with forrein Princes and States especially the neighbor-Kingdoms Common-wealths Countries and Cities by thē best means they shall ordain in this behalf XXIX Those of the Council aforesaid and every one of them beeing to vote they shall openly freely and advisedly declare what in Honor Dutie and Conscience they shall think best whether it bee by conforming themselvs with the opinion of others beeing satisfied with them to avoid repetitions or otherwise as they shall think good themselvs by other arguments and considerations and all matters shall bee determined in the said Council by most voices of the present Counsellors having voted and if any matters shall com to bee propounded concerning any of the said Counsellors themselvs directly or indirectly either in regard of their own persons or their kindred and allies to the fourth degree therein they shall not bee allowed to give any advice nor to bee present at the Deliberation and Determination of the business but shall retire and remain forth the Council-Chamber during the said Deliberation and Resolution XXX In the foresaid Council nothing shall bee decided and determined finally but in the presence of all the Lords of the Council beeing at hand in the place where the Council is kept or at least the major part of them XXXI The Council shall not assemble nor resolv upon any extraordinarie affairs but by precedent insinuation made thereof to all the Counsellors at hand in the place XXXII They shall henceforward give no grants nor continue any formerly given by the States General for a certain time after the exspiration thereof as neither they are to allow grant or continue any Pensions or Emoluments to the charge of the Land nor resignation of offices exspectancies survivances nor adjunctions XXXIII They shall grant no
subscription By Order of my Lords the States General of the United Netherlands with relation to the Council of State thereof XLVIII And the Dispatches beeing not of so great importance and consideration they shall bee issued in the Name of the Council of State of the United Netherlands but yet under the Seal Counter-Seal and Signet of the States General aforesaid XLIX The Seal shall bee kept by one of the Counsellors to bee appointed thereunto who shall bee responsable for it not suffering the same to com into any other hands in any wise and shall keep an exact Register and counter-rowl of all Dispatches and rights of the Seal and bee paid for it according to the tax ordained or to bee ordained by the States General and the profits coming in thereby shall bee converted and employ'd to the paying of the Officers of the foresaid Council and other necessarie occasions in matters of the said Councils Disposition L. And the joint foresaid Confederates declare herewithal for the Conservation of the Right of the United Lands in the general and in particular That by this Instruction they do not abdicate or renounce the Right and Power either the States General themselvs or the States of the Provinces in particular should not in time of need and when the affairs of the Land shall so require it each in as much concern's them themselvs to order appoint and execute what shall bee fitting for the service of the Land even in those very things which are by them referr'd to the disposition of the foresaid Council such as is the Direction of militarie affairs by Sea and Land with all things appertaining thereunto and in particular the keeping of Musters exercising of militarie discipline and punishments of all exorbitances and in all other causes They declare likewise That all things concerning the Civil State and Justice of the foresaid Countries Cities and Members thereof both in general and in particular not expressly referr'd to the disposition of the Council of State aforesaid shall remain in the disposition of the States General the States of the particular Provinces the lawful Magistrates of the Cities and other places each in their sphere and the giving of Patents to the train bands in case of necessitie and when the service of the Countrie shall require their marching forth out of their own Cities shall remain within the Provinces to the respective parts thereof without any of the Councils meddling therein LI. Those of the Council of State aforesaid shall at their entring or admittance to their charge clear themselvs by oath that for the getting of that place they neither gave nor promised any mony or mony-worth nor any thing els whatsoever nor shall give or promiss ought directly or indirectly or in any wise conceivable or unconceivable and shall further promiss and swear in the hands of the States General or their Deputies to bee True and Faithful to the said States General of the Provinces abiding in the Union and maintaining the true Christian Reformed Religion and shall renounce by oath to all particular Correspondencies with either Provinces Cities or private and particular persons so far forth as the same may proove prejudicial to the common good and that without regard had to the Provinces or Cities where they were born or chosen or to the particular profit and advantage of the same or of any other and have nothing at all before their eies but the Honor of God and the welfare and the conservation of the foresaid Countries and the publick affairs That they shall not reveal the Communications Deliberations or Resolutions which ought to remain secret and speak with no bodie about them besides those of the said Council and especially not with any Ministers of any forein Kings Republicks and States in whose or with what companie soêver unless it bee with those of the said Council seperated as apart from all other Item They may not bee engaged in any ones service nor receiv or enjoy any pensions neither may nor shall they partake or share directly or indirectly in any works put out or to bee put out upon the publick account nor in any Ecclesiastical goods lands domains c. which are or may bee farmed out for the publick nor in any Convoys Imposts or other common means nor in the furnishing of any powder shot artillerie arms corn rie butter chees beer oats or other provision or ammunition and necessaries of War whatsoever beeing to bee used for the benefit and service of the publick nor buy nor under any other title take upon them or let forth any orders granted at the charge of the Land in general or of any Provinces in particular neither by themselvs nor their wives children families nor by any other whosoever nor participate in the sale undertaking or letting out made by other directly or indirectly neither shall they by themselvs their wives children families nor by any other as before receiv or enjoy any gifts gratuities or presents nor take benefit by any thing how small soëver even to meat and drink from any either Cities or Courts publick or private persons whom they know to have any thing to do at the Council or likely to get any thing to do there and that as well before as after the business shall bee transacted and if so bee they should receiv any such gifts of any one not knowing the giver had any thing to do at the Council at the time of receiving the same or if afterwards the same should get any business with the Council that they shall give notice thereof unto the Council and that moreover they shall precisely regulate themselvs according to the contents of this Instruction and every Article thereof and do besides whatsoever good and faithful Counsellors of State are bound to do and all this provisionally LII If so bee that this Instruction shall bee found to have any obscuritie or need of any alteration contracting or enlarging the States General shall upon occasions with advice of the Council take notice thereof and provide accordingly as shall bee requisite Don thus and decreed in the Assemblie of the States General July 180. 1651. Note here That the one and twentieth Article beginning All Orders for payment was set down after as followeth FOr to reduce the Order for paiment into a due Form the respective Requests to that end presented to the Council shall bee accompanied with all the requisites bills and particulars belonging to the business wherefore the said respective Order shall bee desired and beeing viewed and examined by the said Council they shall bee transmitted to the Generalities Checquer chamber to bee there also viewed examined and cleared where special heed is to bee taken whether the Land is bound or not to the particulars therein specified and thence they are to bee returned to the Council again that by them there may bee past and granted Orders which Orders beeing registred folio tali are to bee signed by the Lord
then Governor and Captain General of these United Provinces addrest to the States of Ostergo Westergo and Sevenwolden each apart besides the eight fenced Cities of the Province That the same Act was an extraordinarie-waie of proceeding which could tend to nothing els but to the making of Separations and Divisions and consequently Dissentions and Discord in the Countries there which to that time was never practised or used before by any Governors Magistrates no not the forrein Lords and Potentates themselvs And that the matter rightly considered it is indeed the States-Assemblie of every one of the United Provinces or the Members and qualified Cities thereof jointly to whom the Eminence Soveraigntie and chief Government of the Provinces respectively belongeth to whom also in that regard all such must address themselvs as have any thing to propound concerning the publick affairs of the common state of the Land or relating to the chief Government so that no such address can bee made to the particular members or Cities without derogating the said Eminencie Soveraigntie and Prerogative Provincial As indeed even his late High s the Prince of Orange himself and the fellow Commissioners not obscurely acknowledged in their Proposition made to som of our Cities that they meant it not otherwise saying in the end of their said Proposition That they intended or meant not thereby to prejudice the Eminencie Prerogative Rights and Privileges of the Countrie of Holland and West-Friesland the Members or Cities thereof by words thus seeking to salv up or in som sort to qualifie that wherein reipsâ they had so palpably transgressed Wherefore also such a Sending ought not to have been undertaken at all especially by such which are engaged by Oath to maintain support and strengthen yea defend and protect each others Freedoms Rights and Privileges by all convenient and possible means and even with bodie and goods too if need were against all and every one whatsoever that should attempt any actual encroaching or enterprise therein upon them which is that the United Provinces are obliged to perform the one to the other reciprocally by virtue of the first Article of the sworn Covenant and Union at Utrecht in the year 1579. It beeing likewise worth special consideration that the said Union is not a Covenant or Compact between any Provinces on the one side and every particular Member or Citie of every Province beeing in that Covenant on the other side but onely between Provinces and Provinces in general So that as on the one side the Generalitie may not make their address to any Members or Cities in particular in like manner on the other side the particular Members or Cities may not without offence to the Eminencie and Soveraigntie of the States of their Province admit of any such Sending unto them they beeing not themselvs the Confederates but to content themselvs that they are Members of that Province which is confederated with the other Provinces Besides that it was in fresh memorie yet That in the year 1639. the like Sending having been decreed by the Generalitie to the Burgomaster and 36. Council of the Citie of Amsterdam when their Hi. M. Deputies were shewed there very pregnant reasons why such a kinde of Sending could not bee admitted by them these said Deputies departed and returned back again without having had any Audience with the said Council As otherwise also such a kinde of Sending from the Generalitie to a particular a Member of any Province is without Example besides that it is a thing unheard of that their High Mi. should ever have addrest any Missives or Letters Acts or Ordinances or any other thing directly to any such particular Member Forasmuch as all such things must bee directed still to the States of the Provinces and in their absence to their Commissioned Council or other autorised parties relating to the said States with desire if need bee that the same may thence bee sent to the particular Members or Cities the Generalitie having no power in case the said States or those autorised by them should forbear to send those dispatches to the places directed unto themselvs to send the same or others in their stead directly to any such particular Members or Cities of the Provinces as indeed not long before the decreeing of this last Deputation a very notable example happened consisting therein That there was a certain Missive or Letter made readie by their Hi. Mi. April 16. 1650. and decreed on the 20 th ensuing by the Generalitie which beeing sent thus to our Commissioned Council with desire that the same Missive might by Copies bee transmitted to the respective Members of our Province although our said Commissioned Council having upon good and weightie grounds resolved to delaie it till such time as wee should meet again in a States-Assemblie and thereupon were desired the second time by thhir Hi. Mi. for to send that Missive as was desired yet they would not take it upon them as finding the same to bee contrarie to the Order of Government and derogatorie to the Eminence Autoritie and Prerogative of our States-Assemblie By reason whereof wee could not sufficiently wonder at That the same Assemblie which but in April before had actually acknowledged their beeing uncapable of addressing themselvs by their Missive directly to the particular Members of our Province should in June next following forget themselvs so much as not onely by Missives but by a formal solemn Sending of so great Lords and Commissioners to address themselvs unto the same Members and particular Cities of our said Province Which address notwithstanding was so much the less to bee born with then the former as the lustre and autoritie of a Statdtholder of six Provinces strengthened by such considerable fellow-Commissioners besides the awe and power of a Captain General of the United Netherlands attended with a train of about 400 militarie persons could not but much more perplex and intimidate the respective Governors and Magistrates and consequently also more prejudice and preoccupie their free Deliberations then a few dumb lines could have don And as for the unlawfulness and unbefittingness which wee observed in the foresaid Sending in respect of the matter it self or the Subject drift and aim thereof the same consist's therein That the foresaid Sending was undertaken not for to dispose the Members and Cities of our Province to the taking of a Resolution which might bee judged serviceable and advantagious for the State of the Land but on the contrarie to overthrow such a Resolution already taken after so manifold Communications and reports as may easily bee seen by what hath been shewed before and which was taken upon full knowledge of the matter with all ripeness and maturitie and to the taking whereof Necessities unavoidablness had press'd and constrained Us. Which caused us to bee so much the more astonished after when in the foresaid Sending wee understood and afterwards by the reading of the foresaid paper entituled Reasons and Motives c.
other but themselvs when as otherwise it might frequently com to pass that upon any Discoverie of the condition within and without of one or other Frontier of greatest importance the same may by such means bee made bare or deprived of a good part of their Officers and consequently of their principal securitie and direction against which the alleged Article of the foresaid Act cannot avail in asmuch as in the first place the said Act was decreed by them the Ordinarie Assemblie of the Generalitie not by the joint Provinces met in states-Assemblie or summoned together upon precedent intimation of certain points to bee determined and therefore might as justly for pregnant reasons bee streightned enlarged or changed by themselvs the Ordinarie Assemblie which could in no wise bee disputed by them that had no other Right but what that Act afforded them besides that it is observable that notwithstanding the said Articles the Captains General had during that time by little and little taken that right for the most part to themselvs insomuch that of the forecited Possession the said Council would bee able to shew and produce very little or nothing unless it were the same happened peradventure now and then for a small time by reason of the absence sickness or other the like accidents or impediments of the Captains General But as for their maintaining that the foresaid Right and Possession was not taken from them by the joint Confederates in the great Hall and that therefore it ought to bee continued to them to the solution of this besides the motives and reasons alreadie alleged serveth especially the 50 th Article of their Instruction renewed July last 18. importing That all things not expresly set down in the said Instruction to bee at the disposition of the said Council should remain at the disposition of the States General the States of the particular Provinces the Magistrates of the Cities and other lawful Superiors each within their own jurisdiction and limits Now it is plain enough that in the foresaid Instruction there is not the least mention made of the foresaid Leav-giving much less the same referr'd to the Council and consequently might not bee exercised by them but that the same doth appertain to them the Ordinarie Assemblie of the States General even by virtue of the said Article and likewise by the foresaid Resolution of July 18. and from the nature of the business it self for the reasons abovesaid which may yet further bee confirmed by the last Resolution at the Close of the foresaid Assemblie in the great Hall taken August last 19. whereby all other businesses and affairs not determined there should bee left to them the Ordinarie Assemblie and none els For which reasons and arguments they had judged it requisite to desire the Provinces that they would grant no Annexions to any other Leavs but such as should bee granted by them the Ordinarie Assemblie saving the Right nevertheless of the particular Provinces of granting or refusing their foresaid Annexions to the Leavs thus obtained according to the Exigencie of affairs Septemb. 30. The old Instruction for the Generalities Chamber of accompts was enlarged with the points declared in the new Instruction for the Council of State since July last 18. touching the said Chamber of Accounts and sworn to by those of the said Chamber of Accounts in manner as followeth Points and Articles serving for Enlargement of the Instruction past Jan. 21. 1632. for the Generalities Chamber of Accounts to bee observed and performed in all the parts thereof I. See Artic. 18. of the Instruction of the Council of State above IN the first place The Commissioners of the Generalities Chamber of Accompts shall take special care and industriously look to it that all Accountants of the Generalities means whether of Farmings in Cities or Countrie Redemption of means Contributions Oppignerations Ecclesiastical goods the Seal Domains Rogations as also of Provisions and Ammunition for War and of all other Revenues and Incoms none excepted do com yearly to the said Chamber of Accompts and deliver up three several Accompts the one for the Council of State the second for the said Chamber and the third for the Receiver joining thereunto all the original bills and documents and other requisites relating thereunto that being heard and determined by the foresaid Chamber Coppies may bee delivered forth thereof as before and that for the preventing of abuses II. Turn to Artic. 20. of the foresaid Instruction THey shall have an eie upon it That the respective Provinces do monthly paie the Companies their full wages and without any defalcation or surcharging of them by means of Solicitors Clarks Cash monie New-years-gifts or any other waie whatsoever directly or indirectly prejudicing their full paie aforesaid III. Turn to Artic. 21. as before THey shall give good heed that unto all requests for Orders presented to the Council of State there bee joined with the same all the bills particulars and other evidences concerning the matter for which the said Orders are desired and having viewed examined and cleared the same as also well considered whether the Land doth stand engaged or not for the satisfying of such particulars shall return the same to the said Council of State for to grant Orders thereupon accordingly which beeing first registred folio tali shall bee signed by the Lord President and two other Lords of the said Council beeing all of them of several Provinces besides the Treasurer and the Secretarie of the said Assemblie and then the said Orders shall bee returned again together with the Requisites to the foresaid Chamber for to bee re-examined there whether they bee given according to the Lands order and beeing found answerable thereunto shall there likewise at the Chamber of Accompts bee registred folio tali insomuch that no order wanting these conditions shall bee accepted or paid by the Receiver General upon pain of disallowance IV. Turn to Artic. 22. of the foresaid Instruction THey shall further take care that the Convoys bee uniformly given and executed according to the Consents and Lists made and to bee made in that behalf by the States General and the Licences in like manner according to the List drest or to bee drest in their behalf V. Turn to Artic. 23. THey shall let the Cities enjoie their Custom for in time of need and when the matter can suffer no delaie to arm by Sea and set out men of War at the charge of the Land provided onely they give immediate advertisment thereof to the Generalitie for to bee satisfied out of the means aforesaid VI. Turn to Artic. 32. THey shall pass no Pensions or Benefits at the Land's charge without the same bee granted by their High Migh VII Turn to Artic. 33. THey shall allow of no Remission given to any Farmer or other Debtor of the Land but with the foreknowledg and consent of the Ordinarie Assemblie of their High Might VIII Turn to Artic. 34. THey shall take good heed
general it cannot bee presumed the foresaid Prince beeing at that time so highly offended and persecuted by the King of Spain hee should have been disposed then to gratifie Him beeing the Lord of the places aforesaid with any particular advantages it cannot bee conceived in any case how the said King otherwise the First and representing the rest of the Nobilitie in the Assemblie of Zealand should besides that bee able to take Session there in the place of the Prela◠and having voted once in the Nobilities behalf among the States should afterward have power to vote again by means of those Cities in behalf of the Prelat which indeed without palpable contradiction and absurditie and the introducing of manifest confusion in matters of Government can bee mainteined by none Therefore and clearly do shew that the said prerogatives were granted without any regard had to the Lord and onely in the behalf and to the advantage of the foresaid Cities and their common inhabitants by reason of their particular and common interest it is said in express terms both in the Preface and conclusion of the same that they are granted upon the humble petition of the Burgo-masters and Governors and in the none and behalf of the said Cities and their Governors to com together with the common Porteers and inhabitants thereof And to what end namely for the furthering of good Government welfare and prosperitie among them and that they may bee relieved from under the great and heavie burthens which were fallen upon them partly by reason of the necessarie Sea-Works and great arrears of Rents and partly becaus of the warrs against Duke d' Alva and his adherents together with regard had to their good endeavors and faithful services performed by them in that War All which can have and yield no other reflection but to the commonalitie of the said Cities considered apart without admitting of any further extention and so that the same Cities as likewise was touched above cannot lawfully bee deprived of the same through any felonie neglect or delinquencie of their subaltern Lords Which ought to bee of so much the more validitie when reflection is made upon the direction intention and aim Prince William of happie memorie had in granting of the said Charters to the Cities aforesaid namely to compose and frame the Government and civil admin stration thereof as neer as might bee equal to the other Cities of the Earldom as among other appear's ungainsayably by the ensuing Arguments And First by this that there having been of old a Court in the foresaid Cities serving originally to the direction and administration of justice and the same in are likewise before the warr by contract made between the Lords and the said Cities for sake of their Government now by virtue of the express text of the foresaid privileges there is set up and instituted there respectively a formal Court of Common-Council or Citie-Council It beeing well known that as on the one side the Court of justice was formerly set up and emploied by order of the particular Lords according to their letters of investiture so on the other side the foresaid Erection of the Citie-Council there could not bee effected otherwise then with express consent and by the immediate Autoritie of the Earldom That same power beeing one of the most eminent and principal Roialties which belong's to the Princes or States of the land here As therefore wee see likewise that both in these Neighboring-Provinces not onely the Citie Councils themselvs could not bee erected without the special Grant from the Earldom but likewise not the Least amendment alteration or ampliation thereof could bee made without the like Grant and with Unanimous Consent of all the Members after the contents of them were first very ripely and seriously examined And that which is more the remonstrances to this end made by divers Cities are used to bee presented onely by the Burgo-Masters and Common-Council apart with preterition of the Counsellors Who in many places in this countrie have nothing to do with the Government but are onely employed about the exercise and administration of justice As in very truth also there hath ever time out of minde been a special difference in the Cities of this Province betwixt these two sorts of employments and the Common-Councils were originally introduced there distinguished from justice onely for the keeping of the rights and Privileges of the Cities whereunto likewise they are particularly sworn and as by the Lords the States it was very well said in the year 1587 to whom appertain's the power not onely to resolv but also to dispose of all things concerning the state of the Countrie and the Cities Which is the reason likewise Why the Burgo master of these Cities are wont and bound in all businesses of importance to understand the good opinion of the foresaid Common Councils as whereby the Cities and Commonalties for matter of civil Government are properly represented And for the same reasons also is the Election of the said Common-Council in most Cities both of this and Neighboring-Provinces left by Priveleges from the Earls or the State thereof unto the immediate disposition of the Cities themselvs even to the least inclusively Insomuch that it cannot bee shewed by any letters of Investiture or other Feodarie Acts that ever there was any thing of that nature transported or communicated to any vassals of the Earldom much less pretended to or practised by them in any of their Lordships Secondly the foresaid position viz. That it was the intention of Prince William of happie memorie by any means to equalize the two foresaid Lordships with the Cities of the Earldom is evidenced by this that although formerly the Courts of judicature and justice used to bee chosen simply without any Nomination ex arbitrio Dominorum at the pleasure of the Lords the same cannot bee don so now becaus of the foresaid privileges but upon a precedent presentation whether it bee that any Election shall bee needful for the yearly renewing of the Laws 〈◊〉 that the same must bee made by reason of the departure or Deceas of any of the Law-keepers for the supplying of the places which thereby is made vacant And thirdly that though the foresaid presentation and the ensued Election thereupon of the Counsellors may bee made there as well of persons which are of the Common Council of the said Cities as of any one from amid'st the Commonaltie nevertheless the Burgomasters thereof may not bee chosen but out of those which shall bee named of the said Common Councils they beeing the Head of the Government and therefore ought alwaies by known cours to bee of the number of the Common Council which in the Counsellors as was said even now it is not necessarie In regard that on the one side for the administration of good Justice in the general it sufficeth that there are chosen and appointed som understanding discreet and just men but on the other side for
the direction and well-ordering of Government it is requisite besides that there bee chosen som likewise which are constantly versed and well-experienced in affairs Besides that therein also specially consisteth the assurance and freedom of the Cities that as the charge and emploiment of Common Counsellors ought to bee every where firm and permanent so likewise all manner of functions in matter of Government bee as near as may bee conferred upon the Members of the said Councils onely Where it is likewise very considerable that by the abovesaid Charters the Election of both Burgomasters out of those nominated of the Common Councils and Counsellors out of the Commonaltie is left to his Roial Majestie to wit as Earl of Zeland beeing that the qualitie of the Lord as concurring therein is not all exprest nor the Designation of his Majestie in this behalf ever used in all the Charter Which nevertheless had been very needful in every regard if so bee that the meaning of Prince William had been to gratifie the King as Lord of the said places above the advantages and prerogatives mentioned in the Letters of Investiture with sundrie other such eminent Concessions forasmuch as of Right all Collations of Roialties whether of Vassaâ—s or otherwise ought to bee made plainly and in express downright terms such as admit not any arguments of presumtion or inference to the contrarie But besides that same beyond all this would yet imply divers other palpable contradictions and absurdities against the qualitie and function wherewith his Excellencie was then invested as was demonstrated above it is undoubtedly to bee held that it was as far from his Excellencie's intention as the East is from the West Not onely for that the King so grievously persecuting him at that time had merited no such thing at his hands but also becaus the same could not bee admitted then to the use and exercise of such eminent Roialties with any safetie and quiet of the said Cities as also that none knew what â—sâ—ues and events were like to ensue upon the war begun and the Differecâ—es then arisen And therefore it might well bee said and asserted upon good ground that although their Excellencies and Highnesses of happie memorie did successively expedite the foresaid Election that nevertheless they did it not as Lords of the foresaid places but as Stadtholders and in the Name of the Earldom The rather becaus his often abovesaid Exrellencie Prince William made the said Election there from the year 1574 to the year 1582 inclusively at which time hee first became the buyer of the two foresaid Lordships no otherwise and in no other qualitie then as Stadtholder of the Province and that it was likewise most reasonable and equal that the Magistracie of the foresaid Cities beeing made integrating Members of the Earldom's Sovereign Government with so many prerogatives of the Earldom should depend of the Earldom if not entirely and altogether yet at least for the most part And howbeit that it will bee instanced the appointing of the Counsellors cannot bee disputed to the Marquiles or Lords of the foresaid places beeing the power thereof is expressly given them by the Letters of Investiture yet it can no waies bee conceived or imagined how or upon what ground the said Lords or Marquises should have any right or autoritie over the Election of the Common Councils or of the Burgomaster as the head and chief members thereof Beeing that to the Office of the Consul or Burgomaster there is peculiarly committed the Ordinarie Direction and Command in all Civil affairs touching as well the Administration of the Citie 's Goods and Revenues as the welfare and protection of the Cities Concerning which the Feodatarie Letters of the said Lords and Marquises forasmuch as now especially they must bee considered as integrating Members of the Sovereigntie do not make the least mention Notwithstanding that those very Letters were granted many years before the date of the Concession of the foresaid great Privilege and since the date thereof to this daie were never couched in any other terms then they were originally and therefore cannot contein more now then was granted and conferred upon them at the original investiture A manifest token that there appertein's no share nor autoritie to the Lord or Marquises in the present Government of the said Cities and that whatsoever hath been indulged to the Bailiffs Burgomasters Counsellors and Common Councils thereof in that behalf the same is not derived unto them from the Lords but onely from the Earldom Which is the more to bee credited yet forasmuch as in the Judgment of all those which are versed in these matters it is held altogether incompatible and contrarie to natural reason that one and the same persons Court Societie or Universitie in the said qualitie shall bee Vassal and Independent together of the Earldom and on the other side comprehend such a considerable and main part of the Sovereigntie it self on the one side to do Oath and homage and on the other side to receiv it to bee subject and command all at once As therefore it is well known that in som of the neighbor Provinces som Cities could not bee made Members of their Provincial Assemblies but after that it was solemnly resolved by the States of that Countrie the said Cities should alwaies and solely depend of the Earldom without ever beeing to bee reduced or engaged any more to any particular Lords The said States alleging this reason in the Letters solemnly past thereupon That thus they do and did for the securitie of their Province besides that it could not but caus a great undervalue and disrespect to the Governors of integrating Members of the State 's Assemblie to bee chosen by particular and subaltern Lords to saie nothing of the disservice to the common interest which in many regards would unavoidably ensue thence All which Considerations of what reflexion and weight they are your N. M. will easily judg according to their wonted wisdom and determine by their Resolution Holding nevertheless under correction that hereunto is not contrarie that both here and elswhere som Ecclesiastical persons Gentlemen and Citizens beeing Subjects and Vassals of the State do constitute a part of the Supreme Magistrate beeing that the same doth not appertein to them as to Vassals but as Commissioners or beeing the first and worthiest of certain Bodies or Orders whereof the foresaid State is composed Nor that it is contrarie to this or implieth any contradiction that many of the foresaid Common Councils are appointed and emploied by the Marquiss for the administration of Justice and keeping of his Right Lordships and Roialties there beeing that in Law one and the same person considered in divers respects may without any incongruitie or confusion bee emploied in distinct services and engaged under several Oaths as might bee instanced and verified if need were by many examples and autorities And consequently the persons which from among the foresaid Common Councils may bee appointed
stream but bring the same for rebate into the foresaid Citie and pay there the dues of the Clark-office belonging to his Majestie All which Articles have relation to the Domainial Rights belonging to his Majestie there not as Earl of Zeland but as Lord of those two Cities For further verification whereof doth serv that the King having by a Decree of the great Council at Mechelen in the year 1563 remained Buyer of the Cities of Flushing and Veer with the Charges lying upon them Though his Majestie did not satisfie the same nevertheless hee carried himself as the Buier and Proprietarie of the said Cities and the Domainial Rights thereof Which is evidently proved thereby that the conditions and cautions whereupon the Marquisate with the foresaid Cities were sold to his Majestie in the year aforesaid by the said Decree do expressly import That the prerogative of representing all the Nobles of Zeland the second State of the Countrie aforesaid from all times belonging to Lord of Veer the same Right and Prerogative should likewise remaine to the Buyer In pursuance whereof his Majestie also gave Commission Junii 21 o 1568 to the Lord Adolph of Burgoigne to take special heed in the King's behalf of the said place of Premier Noble and that in terms as followeth Whereas the Lord Maximilian of Burgoin in his life time Marquiss of Veer used as Premier Noble of our Countrie and Countie of Zeland by reason of his Marquisate of Veer and the Citie of Flushing to com and appear in person or by his Plenipotentiaries into all the Convocations and Assemblies of the General States of this Countrie and that the foresaid Cities are devolved of late to Us by purchase wee found good therefore to ordein and commissionate a certain qualified person in our Name to act in that behalf as Lord of these Cities so as the exigencie and opportunitie of times shall require and likewise to help and further the good weal and profit of the said Cities in the same manner as the fore-named late Marquiss of Veer was wont to do in his life time c. By the deduction of which instance there fall's to ground the contents of the 89 90 and 91 Articles of the oft-mentioned Considerations there beeing otherwise also no question here about gratifying the Marquiss above the advantages and prerogatives mentioned in the Letters of Investiture with any other extraordinarie ones But whether the Sovereign Lord may dispossess the Lord Marquiss of his Domainial Rights That which the Commissioned Council somwhat doubtfully seem to infer in the Artic. 92 and 93 and afterwards positively assert Artic. 112 That hitherto the Princes of Orange had made no Election of the Magistrates in the said Cities as Lords of the places but onely as Stadholders of the Earldom and that through their deceas now the said Election should bee devolved again into the bosom of the Earl The same is manifestly a wrong conclusion grounded upon untrue premises since the contrarie thereof can bee fully proved out of the Letters of Nomination which from the time when the Princes of Orange purchased the Marquisate in the year 1581 the Magistrates of the foresaid Cities have yearly writen to their Highnesses for the making of the Election which Letters can bee produced in originali shewing That their Highnesses have made the said Election not as Stadholders but as Lords and Marquises of the said Cities Whence the Lords of the Commissioned Council may bee desired to consider the reasons which their Nob. Artic 94 saie could not bee conceived or imagined how there should belong any right or autoritie to the Lords Marquises in chusing of the Common Councils or of the Burgomasters as the Heads and chief Members of the same As likewise the contents of Artic. 95 namely That the Direction and Command in all politick affairs should peculiarly bee committed to the office of the Burgomasters which above is proved not to agree with the Government of any Citie in Zeland beeing that the affairs of policie or Government in the said Cities are referred to the Buhgomasters Counsellors and Senators and not as in Holland to Burgomasters and Senators or Common Councils with seclusion of the Counsellors That it is true indeed that the Feodotarie Letters contein no more now then the original first Letter of Cession Erection and Investiture of the years 1477 and 1555 above-mentioned as also there is no more right pretended to by his High s then by those Letters is conferred upon him But this onely is stood upon That the Right of Electing the Magistrate which undoubtedly is comprehended among the Rights whereof the Letters speak and hath been acquired by the Prince his forefathers by lawful Title and they and their Predecessors have had in peaceable possession about two hundred years cannot bee taken from them True it is that as the 97 Article hinteth the Bailiff in the name of the Lord the Burgomasters Schepens and Raedens are they to whom conjunctim the rule and government of these Cities beeing made integrating Members of the Sovereigntie stand's committed by the foresaid Grant or Charter of the year 1574. And that the same which is granted to the Cities in that behalf deriveth from the Earl But as for the share or autoritie of the Lord Marquiss in the present or former Government of the foresaid two Cities and the incompatibilitie of one and the same person or bodie Collegiate beeing Vassal on the one side and obliged to make oath and do homage and on the other side to bee an integrant Member of the same Sovereigntie and to receiv oath whereof is spoken by the Commissioned Council in the 98 and 99 Articles of their Considerations together with what is deduced to that purpose in pursuance thereof to the end of the Considerations aforesaid To that it is replied in his High s behalf That from that there can bee nothing at all inferred for the impairing or taking away his High s Right touching the Election of the Magistrate's persons Considering that according to the Laws Aliud sit Magistratus aliud Magistratûs functio sicut aliud est Praetura aliud Praeturae administratio aliud Jurisdictio aliud Jurisdictionis Exercitium So also it is quite another thing the Right of Electing the persons of the Magistrate and the Right function and autoritie belonging to the persons of elected Magistrates whether the same derive directly from the Earl as Soveraign Lord or by the Marquis The Lord Marquis having by his lawfully acquired Right from the Earl elected the Magistrates persons The functions and employments requisite for the Magistracie do belong to those Persons co ipso that they are elected to the Magistracie Burgomasters and Schepens sitting in Judgment do administer ex mandato Jurisdictionis de Justitiâ The Baylif Burgomasters and Counsellors with the Senat transact the affairs politick whether it concern the Citie ex Jure publico Universitatis belonging to them without the Lord or in
NOTABLE REVOLUTIONS BEEING A TRUE RELATION Of what hap'ned in the United Provinces OF THE NETHERLANDS In the years MDCL and MDCLI Somwhat before and after the Death of the late Prince of ORANGE According to the Dutch Copie collected and published at the Haghe 1652. By LION AITZEMA Concordiâ Res Parvae Crescunt Discordiâ Magnae Dilabuntur Tunc Tua Res agitur Paries cùm Proximus ardet The Principal matters handled herein you shall have in a Table at the end of the Book LONDON Printed by William Du-gard by the Appointment of the Council of State Anno 1653. THE AUTHOR to his READER THe Aim and Drift of publishing this Book is no other then that which those of the present Government here of late professed themselvs see pag. 281. namely to shew and manifest before all the World how regularly and orderly certain principal Charges were supplied when as by their Vacancie hap'ned in the year 1650 the Lion with his bundle of Arrows that is to saie the United power of these Countries seemed heart-broken The ensued Recoverie thereof by an Vnanimous Resolution shewing plainly That Republicks die not The particulars treated here relate much to the Everlasting League and Confederacie made between the Provinces in the year 1â—79 commonly called The Union of Utrecht which therefore shall bee premised to the Work in lieu of a Preface There were sundry Explanations made lately in the Grand Assemblie upon the said Vnion and som Extensions also as will appear in the handling But there was no nearer or streighterVnion made between the Provinces as som abusively held forth in Print and would have made the world believ Farewel The Transaction of the UNION Everlasting League and Agreement between the Countries Provinces Cities and Members thereof hereafter specified decreed at Utrecht and published from the Town-hous there Januarie 29 in the year M. D. LXXIX IT beeing manifest that since the Pacification made at Ghent whereby all the Provinces of these Netherlands stood sufficiently engaged to assist one another with life and goods for the expelling of the Spaniards and other forrein Nations together with their adherents The said Spaniards have with Don John d' Austria and other their Chieftains and Commanders endeavored since by all means and dayly seek to subdue the said Provinces aswell in general as each one apart under their Tyrannical Government and slaverie and both by force of Arms and subtile practices to divide and disjoint the said Provinces and thereby to undo and subvert the Union made between them by the Pacification aforesaid to the utter ruine and destruction of the Foresaid Countries and Provinces in prosecution of which obstinate persisting in their foresaid pernicious design they lately again sollicited som towns and Quarters by soothing letters and others viz. in Gelderland they set upon and surprised by force of Arms. Therefore those of the Principalitie of Ghelders and Countie of Zutphen those of the Earldom's and Countries of Holland Zealand Vtrecht and Frizish Omlands betwixt the Em. and Lawers have found it expedient to enter into a nearer and streighter Vnion and alliance among themselvs not with any intent to separate themselvs from the above-mentioned general Union made by the Pacification of Ghent but rather for the further strenghtning of the same and the better securing of themselvs against all manner of inconveniences whereinto they might bee driven by the feveral practices designs or forcible attemts of their Enemies That the said Provinces might know how and in what manner to carry themselvs for to bee protected and secured against the prevalencie of their Enimie as also for the eschewing of further separations among the foresaid Provinces and particular members thereof the foresaid general Vnion and Pacification at Ghent remaining otherwise in its full vigor In pursuance of the Premisses the Deputies of the foresaid Provinces fully instructed and autorized by their respective principals have agreed and resolved upon the points and articles here ensuing without any purpose nevertheless of withdrawing themselvs hereby from or out of the holy Roman Empire And I. that the foresaid Provinces shall allie confederate and unite themselvs together as by these they do allie confederate and unite themselvs for ever remaining joined together in every regard and manner as if they were all of them but one Province without ever separating or suffering themselvs to bee separated one from another by any Testament-wills Codicils Donation Cession Permutation Sale treatie of peace Marriage or for any caus whatsoever without nevertheless infringing or impairing any of their particular Privileges Freedoms Exemtions Rights Statutes laudable antient customs and observances or any other immunities of any Provinces particular Cities members and inhabitants thereof wherein they shall not onely not hinder disturb or prejudice one another but every one shall by all convenient and possible means yea if need bee with both life and goods help to maintain support and strengthen defend and protect the other therein against all and every one whoever hee bee and however qualified that shall go actually about to prejudice or infringe any of them Provided that the Questions and Debates which any of the said Provinces the Members or Cities belonging to this Union either now hath or for the future may chance to have amongst themselvs touching their own peculiar privileges Freedoms Exemtions Rights Statutes laudable antient customs and observances or any other Immunities the same shall bee decided and determined by the ordinarie Court of Justice arbitration or friendly Agreement without the intermedling of any other Countrie or Province Cities or Members thereof as long as both the interessed disputing parties shall submit to their proper Judges unless it were by interceding for a good accord 2. That the foresaid Provinces shall bee bound in conformitie and for performance of the said League and Union to assist one another with Bodie Goods and Blood against any Force and violence that shall bee attemted against them by any in the name of the King of Spain or in his behalf or under pretence of either whether it bee by reason of the treatie of peace made at Ghent for taking up armes against Don John of Austria receiving of Arch-Duke Matthias for their Governor or any matter relating thereunto depending or ensuing upon it or like to ensue though it were under color onely of reestablishing restoring or introducing of the Roman Catholick Religion by force of arms or for any innovations or alterations hapned within any of the foresaid Provinces Cities or Members of the same since the year 1558 or also because of this present Union and Confederacie or upon any other such like ground and this as well in case the said force and violence shall bee used against any one of the said Provinces Cities or Members thereof apart or against them all in general 3. That the said Provinces shall bee bound likewise in the self same manner to assist and help to defend one another against all forrein and
other matters politick by special Title devolved or granted to them from the Lord or such affairs as do concern the Province and the state of the Countrie committed unto them by the Soveraign Government as integrating Members thereof All these respective Functions Employments and Deliberations beeing quite different and severed from the Right of electing the Magistrates persons belonging to the Marquis By all which it having been unanswerably demonstrated that the Right enjoi'd hitherto by the Princes of Orange of happie memorie over the Cities of Flushing and Veer in respect of their Magistracie and Civil Government hath been exercised by them Not as Stadtholders of the Earldom but as Marquises and Lords over the said Cities By virtue of their own and domainial Right by lawful Title acquired to themselvs from the Earls of Zeland And confirmed by a peaceable and uninterrupted possession of the Predecessors Lords of Veer and Flushing for about two hundred years And that therefore by the Death of his late High s of happie memorie the same Right is no waie and in no part devolved or relapsed into the Bosom of the Earldom By reason whereof all the Provision com's to surceas and fall to ground of it self which the Lords of the Commissioned Council in the forementioned seventh point of intimations desired of and commended to your N. M. As also doth the Project of the Reiglement transmitted to your Nob. Migh after the foresaid Considerations And in case your N. M. should have conceived any further scruple yet from the foresaid considerations about the Domainial Right of his High s yet Their High ss the Guardians of the Prince-Pupil are confident your N. M. will forbear to dispose or determine ought in that behalf But it beeing no affair of State to remit the whole business to the Court of Justice thence to receiv its determination and accomplishment This Counter-Remonstrance beeing presented at the Assemblie of the States of Zeland Novemb. 9. The Counsellor Pensionarie of the Countrie propounded next daie after whether it would not bee fitting and expedient to proceed therein with all due Circumspection and equitie that the Lords of the Council should ripely examin the same and send their Considerations to the Members as a point of intimation Hereupon it was said by the Lords of Middleburgh that having heard the said Counter-Remonstrance both by word of mouth and lecture made before them they had not observed the least therein that overthrew any thing of the former advice given but on the contrarie were much more confirmed thereby fully to embrace the same without any further scrupling and that the Lords of Flushing and Veer ought to draw up and bring in their respective Reiglements in conformitie thereof nevertheless to shew how readie they are to proceed therein with leisurable prudence they found good that the said Counter-Remonstrance should bee put into the hands of the Lords of the Commissioned Council who should ripely examin the same and within a few daies make their Report and communicate their advice to the Lords the States by word of mouth considering especially the great Privilege granted to the Lords of Flushing in the year 1574. by Prince William together with the copies of the Letters of Investiture and Sale relating to the said Cities That thereupon a final Resolution may bee taken in this matter such as should bee found requisite in reason and equitie to which advice Zirick-zee Goes and Tholen conformed themselvs Flushing and Veer desired a copie of the said Counter-Remonstrance to bring in their Advice with the soonest Wednesday Novemb. 15. report beeing made by the Counsellor Pensionarie of the Land That the respective Members having heard the daie before the further Considerations of the Lords of the Council serving to answer the reasons of the Counter-Remonstrance made in the behalf of the Prince of Orange touching the Right of the Earldom and the Lord of Flushing and Veer respectively deduced They were desired this daie to advise further upon it The four fore-sitting Members unanimously declared that in the Counter-Remonstrance there were no reasons alleged which could any waies move them to change the former advice but on the contrarie they were rather more encouraged therein by the lecture thereof and that so much the rather now since they daie before the heard the further deduction of the Council by word of mouth more clearly yet justifying the grounds and positions of their advice and confuting the allegations of the Counter-Remonstrance That therefore the business beeing now sufficiently and fully verified the same was readily fitted for to bee determined and that the Pensionarie of the Land ought to put it in form without any longer delaie The Lords of Flushing judging this to bee a point of great weight and Consideration and which should not bee entered into without due search and ripe deliberation so as neither on the one nor the other side any might bee prejudiced they desired that what the daie before was declared by word of mouth might bee brought to paper and coppies given thereof unto the Members that so the Common Councils might bee made acquainted with and examine the same and orderly with all circumspection take further advice about it to which Vote the Lords of Veer conformed themselvs relating therewithal that the Counsellor Beaumont having presented himself to their Assemblie in the behalf of the Princess of Orange had desired them to direct their advice accordingly as also the Pensionarie of the land declared that the said Beaumont had in the same Name desired that a Copie of the foresaid Verbal Advice might bee brought to the hands of the Ladies aforesaid before any further proceeding in and concluding of so weightie a point which advices beeing heard and the respectiue Members a second time desired to consider the the Desire of Flushing and Veer yet further the four fore-sitting Members persisted That the business beeing fully discussed now prooved and justified there ought to bee used no further delaie and that the Pensionarie was bound to conclude though otherwise they could bee content that Copie of the foresaid Verbal Advice should bee given to the respective Members to serv them sooner or later for the clearer information of all the passages and transactions in this business The Lords of Flushing and Veer judging it strange that Copie of the Verbal Advice should bee yielded and yet the conclusion not delai'd they insisted again on their former desire and withal that beside the said copie of the Verbal advice they might have a view of the Letters of Sale and Investiture that so much the better and with full knowledg of the caus they might frame their advice upon which desires no further conclusions beeing taken the Pensionarie of the land desired the Lords of Flushing and Veer to make report to their Principals of the advices and Considerations advanced by the other Members that next daie they might declare themselvs in the principal matter Two daies after the Lords