serv's likewise that in the Conditions whereupon the Prince of Orange bought the Citie of Flushing in the year 1581 it is expressly set down That all other Domains and Lordly consequences whereof the the Letters make not mention and which the Lord nevertheless or his forefathers had or enjoied and might have had and enjoied by Right the same shall ensue the Buyer without any reservation Whereby there is not acquired to the Lord Marquiss any particular right in and over the said Cities in respect whereof onely those Cities should tanquam mixtum statum obtinentes bee owned by and subject to the Marquiss and have remained without his Jurisdiction immediately under the Earl so as divers Cities in Germanie as Hamburg in respect of the Duke of Holstein Magdeburg in respect of Saxonie Brunswick and Cullen in respect of their Princes and divers others which onely in certain respects acknowledg their Lords and for the rest are immediately subject to the Empire But the Citie of Veer hath alwaies been subject to their particular Lords and the Citie of Flushing was reduced to the same nature and condition by the Earl of Zeland in his foresaid Letters of Transport and Sale in the year 1477. Whereunto serveth ungainsaiably that the same Letters do expressly contein a special charge and command from the Earl to the subjects portiers and Inhabitants of the said Citie for to obey and swear unto the Buyer their Lord his Heirs and Posteritie as to their just Inheritor and Lord proprietarie To which Letters and those of Renuntiation hath relation the Decree of the year 1581 whereby the Cities aforesaid are sold to the Prince of Orange Those which are vers'd and skill'd in the Laws and Matters of this nature ever understanding it thus That the Cities which are bound to call their Lord Inheritor or Lord Hereditarie and must swear hereditarie Allegiance to him are to bee held subjected Cities absolutely The like Oaths of Hereditarie Allegiance beeing made to the Prince of Orange in the years 1581 and 1588 there were silver coins thrown abroad in remembrance thereof upon which there was the Arms of Nassaw with this circumscription Nodus indissolubilis To this serv's further that by the Grant or Charter of the year 1574 given to the said Cities by Prince William the said Prince take's the said Cities into the Earl's immediate protection and subjection with promiss never to alienate the same which execution had been needless if those Cities were not subject to their particular Lord. From whence may well bee considered that the Lord Marquiss hath not onely ex praesumtâ mente but also by express surrender of the Earl by virtue of the foresaid Letters of the year 1477 and all succeeding feodarie Letters intentionem fundatam to all Rights and Dues which the Earl had in and over the said Cities And that therefore it is a groundless inference for the Commissioned Council to aver as they do Artic. 13. of their Considerations touched above That whatsoever belong'd not to the Act of Sovereigntie the same should bee left and reserved to the Cities Whence followeth likewise that all the Rights and Prerogatives which the Cities and Magistrates do enjoie and which are rehearsed at length by the Lords of the said Council begining from the 13 Artic. to the 15 touching any Jurisdictional interests they are deriving from the gracious Concessions both of the Earls and the particular Lords unto the said Cities and granted from time to time unto them as likewise the same is alleged by the foresaid Consideration in sundrie Articles and may bee seen too in the old Statute-book of the Citie of Flushing that of all antient times the Election and Ordinances in the behalf of Justice the Orphant's-chamber the Companies and other matters serving for the Government and ordering of the said Citie were made and caused to bee promulgated by the Lords of Flushing So that all those Privileges are belonging to the said Cities not of themselvs ex Jure ullo Universitatis without the exercise whereof no Universitie or Civil Societie could bee instituted Although otherwise also it is conceived that the Jus illud publicum Universitatis is screwed up somwhat too high by the Council in their Considerations for the deriving thence such conclusions as would exceedingly prejudice the Lord Marquiss in his Lordlie Prerogatives It is a known business in the Laws that not onely Cities but Castra Villa Vicus and even Courts or Bodies Collegiate which are comprehended under the name of Universitie may have and possess goods and revenues like unto particular persons and may appoint men for to manage protect and defend the same and also dispose of the said goods at pleasure of their own accord Which nevertheless they of Flushing may not do without the consent of the Bailiff in the Name of the Lord or at least without his privitie or notice given That the Universities may both sue and bee sued in Law and also contract without it And furthermore according to the diversitie of the Universities whether they bee Counties Cities Villages or bodies Collegiate expedite the affairs and negotiations concerning themselvs But from this Right to attribute so great a Right unto those Cities as by the Considerations seem's to bee don wee hope that shall not bee found to have ground in any Laws What kinde of autoritie and power is belonging to the Magistrates of these Cities considered in their own nature as Vassal-Cities the same would soon bee determined by the Laws if there were any question about that between the Lord and the Cities As also it is an easie matter to know by the Laws what the Magistrate eo ipso quòd Magistratus factus sit may do according to the nature of his Office and that the greater and populous the Cities bee the more is their autoritie for to keep their Citizens in order But yet that the said Autoritie is different from the Jurisdiction and the rights deriving thence aud belonging onely to the Lord. And that the privileges depending thereon cannot com or bee acquired to those Cities but by gracious Concessions Purchase Grants and other singular titles past unto them from the Lord. As the same also appear's in what concern's the Cities of Flushing and Veer by the Contracts and privileges alleged by the Commission'd Council in the foresaid considerations and otherwise well known And that consequently those Cities and Magistrates have such acquired Jurisdictional privileges not Jure Magistratûs proprio or from the autoritie of beeing Magistrates there exercising the same but ex accidenti Coming herewith to Artic. 51 conteining the ninth Argument brought in by the Commissioned Council in their Considerations as the main and principal foundation of their Pretence Namely the great Grant or Charter of Privileges given by Prince William of happie Memorie to those of Flushing and Veer respectively in the year 1574. In which regard your N. M. are desired to consider in his High s behalf that
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-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
disburdening of the feeble Treasurie on the other is much better to bee obtained by our waie of Casheiring then by the effect of that of his High s wee therefore held it best seriously to remonstrate all this to his said High s and caused our Deputies to perform the same with many pregnant reasons and especially by a most exact Ballance of our Treasurie exhibited unto him whereby wee shewed That according to our waie the Rate of this Province would yearly bee eased more then by his waie by two hundred eighteen thousand nine hundred and fourtie Gilders 14 Stivers 2 d. Desiring in that regard that hee would bee pleased so to direct the business and recommend it to the rest of the Provinces that the Cashiering propounded by Us may bee expedited and accomplished with all speed At last after many serious instances applied to this end in vain wee found our selvs necessitated to make known unto the Generalitie that by reason of the weakness of our Treasurie wee were not able to grant or bear that which the Council of State desired of us and by the above-named project of the state of War was assigned and charged upon upon us and that consequently wee were absolutely enforced in part to excuse our selvs of that desire declaring that as to the continuing and paying of the before mentioned 105 Foot-companies and 32 of Hors together with other particulars expressed in the above-cited Advice of our Commission'd Council wee could grant no Consent And howbeit that by virtue of the Freedom which the respective Provinces ever had in matters of charging them even under the Dominion of their Dukes Earls and Lords themselvs in the strictest sence wee were not bound to give any particular reasons thereof or to use any persuasive means but might by the vigor of the said Freedom sufficiently have acquitted our selvs with a simple notification of discontinuing our Consent yet for to satisfie all wee forbore not to discover and laie before the Deputies of the States of other Provinces our Confederates at the Generalitie the whole State of our Treasurie and to deduce there all the pregnant motives of the foresaid Discontinuance at large and several times with solid demonstration That a less number of forces effectively would bee retain'd in service then wee had declared our Consent for if so bee that the State will entertain more then they are able to paie Nothing doubting but all this might and would have wrought a fair correspondence of the said Deputies with us and caused theirs by a faithful report of our foresaid Reasons and Motives especially of our great necessitie unto their Principals easily to dispose the same That the foresaid dis-banding of forces and lessening of charges might according to the antient order and old waie have speedily been set a work and effected Nevertheless wee not onely saw our selvs disappointed of any such effects but on the contrarie found to our great grief that the paiment of those charges which wee had consented to as before began to bee required at our hands insomuch that at last wee were constreined to declare unto the Generalitie as also in Januarie 1650 wee had formally declared that the Treasurie of this Province was not able any longer to bear the heavie charges imposed upon them during the Wars now the Peace had already continued so long And whereas every Province hath libertie each year to consent or not to consent to the Petition addrest unto them by the Council of State and likewise to accept of or to excuse the charges therin proposed according to every one's constitution and condition and that the said state of War was knownly nothing els but a Petition of the Council of State and so was transcribed and sent to the respective Provinces That wee finding the charges therein mentioned to bee insufferable for us had found good therefore to make difficultie and to yield no further then our Provincial Advice formerly return'd and often renewed there did import and that consequently wee were resolved in case the other Provinces could not bee disposed to the like to proceed to the execution of the said Provincial Advice according to the contents thereof within our selvs it beeing sure that the before-mentioned Freedom of consenting cannot possibly consist in a bare and emtie sound of words but in such effectual realities whereby one may hold himself free from paying such charges to the continuation whereof hee hath expressly declared hee cannot consent But then the Deputies putting us in som hope they would speedily bring in their Provincial Advices upon our foresaid proposals of saving charges wee again for further satisfaction 's sake to all superseded the foresaid execution for som further time and at the request of the foresaid Deputies continued to delaâ—e it from time to time until at last in the latter end of March and beginning of April next following their respective Advices were produced And notwithstanding our hopes that his foresaid High s the Prince of Orange of immortal memorie would have used som endeavors upon our serious and reiterated desires with the said Deputies of the Provinces of their Principals that the same might have conformed themselvs with our foresaid Resolution or however that his High s would so have directed the matter as that at leastwise they might have accepted of his High s former own proposals made unto us Decemb. 8 1649. Wee saw contrariwise to our grief the matter so carried that the Provinces remained far beneath them yet Allowing onely 55 Foot-Companies and 12 of Hors to bee disbanded and the rest of the Hors to bee reduced to 60 or 50 riders and the altering of the Cuirassiers into Carabins urging besides all this that the cashiered Ritmasters and Captains should still enjoie a pension of 1500 and 1000 gilders respectively the Lievtenants Cornets and Ensigns therein proportionably And whereas thereby wee should nothing near have been able to save the Moitie of that whereunto wee had forborn our Consent wee again most seriously represented to his High s the Prince of Orange the real Considerations whereupon our former Provincial Advice was grounded with earnest desire to approve and yet to recommend and second the same in dealing with the other Provinces which beeing denied by his High s and the Deputies of the Provinces insisting and pressing that the same Forces for whose continuance wee had not consented should bee entertained and paid by us for the most part beyond our abilities Wee thereupon according to the Right belonging to us andin conformitie of our above-mentioned Declaration presented to the Generalitie in Januarie 1650 began to consider how and by what means wee might best and most conveniently eschew the paiment charged upon us against all right and equitie in prejudice of our Freedom and to the intolerable burthen of our good Commons and consequently to put in effect our former Resolution of saving charges and yet before the effecting thereof the project beeing
assertion and maintenance of the said Prince his Right Their High ss do finde themselvs necessitated so much as the shortness of time and the unlooked for unexspected precipitancie permitteth summarily to saie and deduce before you That in the foresaid Considerations and advice of the Commissioned Council of your N. M. it appeareth That therein they have represented and laid down before your N. M. as just grounds That the Election of the Burgomasters in the foresaid Cities as beeing the heads of the Government and Members of the Common Councils should have been made heretofore by their High ss as they were Stadtholders of the Province and therefore through their Deceas the same should manifestly bee devolved again into the Bosom of the Earldom And that the said Earldom might now henceforward either make the said Election themselvs or confer the same upon the Cities aforesaid And by further privilege enable them for the choosing of persons to supplie the vacant places in the Common Councils absolutely and definitively by themselvs Whereby seeing that his High ss should com to bee deprived of his Rights lawfully belonging to him and the Princes of Orange his fore-fathers as Marquises Wee shall shew for the assertion of his High s Right and confutation of the foresaid Councils Considerations and Advice all along as the said Commissioned Council hath chalked out the waie in handling and propounding this matter That touching what the Commissioned Council deduced at large how the Cities of Flushing and Veer had originally and before ever they came under particular Lords Ex jure Universitatis their own and peculiar autoritie in matter of government and that the same is not taken from but left entire to them after that the Cities were by the Earls transported to the particular Lords So as that the same distinct Right appertaining to the Lord on the one side and to the Magistrates on the other is endeavored to bee prooved by the foresaid Considerations from the beginning all along to the 50. Article From the contracts agreements and transactions both antient and of later times made by the Governors of the said Cities with the particular Lords of them in the years 1530. and 1582. As also with the Lords the States of this Province touching their indemnitie in regard of the assurance made to the Q. of England in the year 1585. And the contracts and negotiations with forrein Princes particularly that of the year 1612. about the foundation of the Staple for Scottish wares at Veer Item From the Privileges and Immunities granted to the foresaid Cities within their Kingdoms and particularly that that of Edward King of England in the year 1475. As likewise from the possession and enjoyment of the goods and revenues of old and still belonging to the said Cities together with the disposing of the same and appointing of Officers for the Administration thereof and calling of them to account as also the conferring of the charges regarding the administration of the Government of those Cities and the undertaking and prosecuting processes at Law actively and passively for the maintenance of their Rights and Revenues And surthermore from that the said Cities were privileged of old of their own accord to make any such Ordinances Statutes and Inhibitions both concerning Civil Justice and Government as they shall finde requisite for the good and advantage of them and their Inhabitants Hereupon your No. Mi. may bee pleased to understand in his High s behalf that forasmuch as there is no difference or question about those things nor any thing pertinent hitherto to the matter in hand for the deciding of the main point in Question all these instances might well have been past by With this proviso and limitation nevertheless that the 34 36 38 40 42 43 44 and 45 Articles bee understood and granted no otherwise and further then that what is touched there and in other Articles concerning Government ought to bee don with consent of the Bailiff and in the Name of the Lord Marquiss Nevertheless seeing that the Lord of the Commission'd Council take upon them to deduce and assert from hence a fundamental right for their purpose The Council of his Highness by waie of Replie succinctly sheweth That nothing of all this can or ought to com into any consideration in such sort as if it were or had been pretended in the Lord Marquise's behalf that the Magistrates of the foresaid Cities had no Right or power there in matter of Government belonging to them without the Lord but depended absolutely and in all things of them as the same is touched in the 31 Article of the said Considerations That all their Deducings neither can bee so absolutely in all parts yielded unto to that end whereunto they labor to reduce it And particularly not the inference which is drawn thence in prejudice of the Marquiss his Right and Due Artic. 13 namely That since the Letters of Investiture there are not together with the Concession of the high middle and low Jurisdiction in express terms conferred all manner of functions and requisites necessarie for the direction of a Civil Societie therefore it should follow that whatsoëver served to that end and did not belong to the acts of Sovereigntie or was not expressly named in the Letter of Investiture was to bee left and reserved to the Citie The Right which apperteineth to the Lord Marquiss in the Cities is easie to bee found by the Letters of Transport and Investiture made by the Earls to the Lords more then those Letters import the Marquiss doth not desire nor pretend to in regard of either the Earldom or the Cities And so on the other side it is assuredly hoped your N. M. will not take away or dispossess the Marquiss of his Rights and Prerogatives by lawful title acquired as indeed could not bee avoided in case the Advice of the Commissioned Council should bee followed The Citie of Veer hath ever been under particular Lords nay and by such it is believed shee was built upon their own ground and the Citie of Flushing beeing in the year 1477 com by Sale and Cession to the said Lord of Veer the same by the Letters thereof was transported to the Lord with all that belong'd to it nothing excepted with all the Jurisdiction High Mean and Low and furthermore with all manner of Freedom and Rights enjoied there by the Earls onely the Sovereigntie resort and homage reserved The Emperor Charls in the year 1555 erected both the Cities of Flushing and Veer besides other Lordships and Districts named in the Letters into a Marquisate and incorporated and united the same to a full-Fief and Homage of one and the same nature and condition with the like reserv onely as before With which Universitie the Marquiss beeing invested there is conferred therewithal upon him not onely the Rights of personal Dignitie but together with the Universitie all the jurisdictional parts and interests which the Superior Lord had there To which purpose
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
suppressed and that therefore hee was constrained now for to bee duly and sufficiently freed from all the suspected street-violence and other insolencies together with his wife children familie servants moveable and unmoveable goods and unmolestedly to attend in due manner upon the discharge of his offices to applie himself unto this Court desiring their provision herein Whereupon order was given to the first sworn Messenger to go to the place where it shall bee requisite and there in the name and behalf of the Supreme Magistrate calling to his assistance if need bee the officer of the Pleek to put and take the foresaid Lord Thibant his wife Children men and maid-servants and whole Familie into the protection and safegard of the supreme Magistrate Commanding moreover all the Commons ' Companies and all other in name and behalf as above upon pain of Death and Confiscation that they neither do nor caus to bee don to the foresaid Thibaut his wife children men and maid-servants and the rest of his familie any manner of injurie in bodie or any of their goods great or small by words or deeds in any kinde beeing that in the name and behalf of the Supreme Magistrate they had put and taken and did put and take hereby all the foresaid persons and goods into the protection and safegard of the Supreme Magistrate aforesaid And to the end that none may bee able to plead or pretend ignorance hereof and every one beware of trespassing in this kinde they charged him to make publick Proclamation hereof in the usual places of promulgations and where it shall bee requisite Advertising therewithal all Justices Officers Ministers and subjects of the foresaid Supreme Magistrate that hee executing this seriously to assist and obey him therein as they stood in aw of the Supreme Magistrate's indignation and would avoid their peril The foresaid Exploiter or Door-keeper arriving at Middleburgh hee made his address to the Magistrate who demanding his Warrant and having taken it into deliberation they found not good that the same should bee proclaimed least the Commons might thereby bee the more irritated both against the matter it self and to the endangering of the Messenger himself who thereupon returned back again without performing the Exploit And the Magistrate finding som passages in the said Protection to bee contrarie to the Truth they sent Senator Morthamer and Secretarie Beaumont to the Court Provincial whom they informed otherwise and in such sort that the Protection was call'd in again and promiss made that the Magistates of Middleburg themselvs if need required should protect the said Lord Thibaut and caus him to bee protected sufficiently against all injuries One night the Lord Thibaut his brother in Law Peckius went about to set up the foresaid Protection in som of the chief passages at Middleburg and to publish the same but by command of Burgomâ—ster Vette accidentally passing that waie one of them was torn from the wall and immediately the Round doubled for to finde out who set it up by and by som bodie beeing discovered busie som where with putting up the like hee for fear of beeing apprehended flung away his Hat Coat and Sword and shewed them a good pair of heels The things found beeing brought before the Senate it was soon known they belong'd to Peâ—kius who beeing sent for and questioned about it after som tergiversation hee confest the deed and was thereupon commanded to depart the Citie without ever returning into the same This alteration having happened at Middleburgh and consequently in all Zeland the four Cities thereupon by virtue of an antient Resolution and taken before the alteration took in hand the business of the Vassal Cities Whether and how the same henceforward might or ought to have Voice among the States Whereupon presupposing that the Prince of Orange had constituted the Civil Magistrate there not as Marquis of ter Veer and Flushing but as Stadtholder of the Province they determined that the constitution thereof was now of it self necessarily revolved to the States through the Stadtholders Deceas and that they had power now to pass the Grant thereof unto the said Cities if they desired it or els to do it themselvs or in case the said Cities should continue to suffer the constitution of their Magistrates to bee made by the Prince or his Administrators then to refuse them Voice and Session among the States The Advice which the Commissioned Council thereupon presented in writing was this here ensuing Copie of the written Advice of the Commissioned Council of the Lords the States of Zeland bearing date Septemb. 1. 1651 touching the Distinction of the Right belonging on the one side unto the Countie or Earldom and on the other side to the Marquis or Lord of Flushing and Veer in regard of the Magistracie and Civil Government of the same FOr the pertinent handling whereof there must bee taken into consideration three different cases concerning the said Cities First in what state and condition these places were before they came under the particular Lords Vassals of the Earldom Secondly what their constitution was under the said particular Lords And Thirdly how the foresaid Cities ought to bee considered after that in the beginning of the War they were admitted Members of the Sovereign Government of this Province As to the first this must bee held for assured unquestionable that although an Earl of the Land in those times could justly claim not onely the Power of Sovereigntie and Resort but likewise all manner of Jurisdiction and Roialties in the same nevertheless there remained and belonged also to the places themselvs ex jure publico Universitatis som proper and peculiar autoritie in matter of Government distinct and separated from the Earl's Command in the behalf and among their own Common Inhabitants As likewise it is notorious that there can no Universitie or Bodie Politick bee otherwise rightly constituted sine aliquo Exercitio Juris publici Therefore it appear's also that the same places before ever they came under any particular Lords had several Elections and Privileges granted and confirmed them by the successive Earls and Countesses for the use of them and their Inhabitants and the administration of their own Government as is manifest among other proofs by the old Citie-rights and Charter given by William of Hanolt as Earl of Zeland to them of Flushing in the year 1315 and afterwards renewed and amplified by the Ladie Marie of Burgundie in the year 1477. Which thus premised it is further known and notorious that the foresaid Government having originally appertained to the said Cities ex Jure Publico the same was not taken from them but contrarily left entire when afterwards by the Earls and Countesses of Zeland they were sold and transported to other Lords It beeing plain for the proof thereof First That the said Earls or Countesses in making those Cessions have according to the Tenor of their Instruments expressly reteined no more to themselvs then the right of
had no power and autoritie in civil matters without their Lord but absolutely in all things depended on him Fifthly the same is put out of all Controversie in regard of the particular Domains Revenues Royalties Lordships and Offices which the said Cities of old have had and still own the proprietie of and whereof they ever had the sole and full disposing without any intervention or opposition of the Lord. By reason whereof also it is expressly said in the 5 Article of the Charter aforesaid granted to those of Flushing by Prince William That they shall have power yearly to Commissionate the Rent master or Treasurer for Receiver of the Revenues particularly belonging or appropriated to the said Citie And for further proof may bee added that the foresaid Rent-master is bound yearly to bring in a due Account of his Receit and Administration together with his Evidences and Remains before and in the presence of the Burgomasters and Senators without making any mention of the Lord or his Commissioners passing by the very Counsellors beeing that they are particularly put in by the Lord for the administration of Justice as also to this very daie there is not the least notice taken of those things in the Lord's behalf Upon which ground also Artic. 7 ensuing the King 's Domains are pertinently distinguished from the Citie-Revenues And Artic. 8 it is again declared that the Burgomasters according to their antient privileges should have the Disposing of the Citie Revenues to emploie them to the use there rehearsed without any mention made of the Lord. It beeing likewise known that in conformitie hereof the Districts and and Lordships of Soutelanden and Coudekerck do particularly appertain at present to the Citie of Flushing the Lord not pretending the least Right or Direction therein As also in times past the Lordship of the Oost Capelle belong'd to those of Veer which afterwards they alienated to their own benefit without needing or seeking for the consent of the Marquiss And further it is as well known that both the foresaid Cities for the maintenance of their said Revenues Domains and other Rights sustein and prosecute all processes of Law actively and passively in their own name and at their own charges as likewise the Sentences pronounced in that behalf are directed to and executed accordingly onely in relation to the said Cities Sixthly the same is also strongly manifested thereby that the Cities aforesaid were privileged and autorized of old as is expressly agreed by Artic. 9 of the foresaid Charter of Prince 〈◊〉 of their own power to make themselvs such Ordinances Statutes and Inhibitions for both Civil Justice and Goâ—ernment as they shall finde good and useful for themselvs and their Inhabitants The same right and power beeing grounded partly upon the Jus directum Universitatis alleged above and partly upon the free concession of Count William or other their Lords for the better direction of the Civil Societie of the said Cities In which regard it is likewise remarkable what is further said in the tenth Article of the foresaid Charter That viz. in Case of Discrepancies in opinion about that point and differences arising thereupon about Conclusions the same should bee reserved to bee determined by the Discretion and sentence not of the Lord or Marquiss but of his Excellencie as Stadtholder of the Province assisted with the Senate in the name of the Earldom an evident testimonie that the said Cities in the point aforesaid are all subject to their Lord's feodataries In the seventh place the Assertion aforesaid is also confirmed thereby that the Collation or Conferring of most of the Offices regarding the Administration of the Civil Government there doth appertein not to the Lord but unto the Cities themselvs by reason whereof also it is notably declared Artic 7 of the Charter above-mentioned That the Burgomasters Senators and Counsellers of Flushing have the Autoritie for to create all Officers requisite for the service and maintenance of the Government there where the Officers requisite for the maintenance of the Lord's Autoritie are all of them plainly and expressly distinguished from the former Insomuch that as among other things the Lord is qualified and wont in the foresaid Cities to appoint in his own behalf for the direction and assistance of justice the Bailifs and Secretaries and for the administration ofhis Domaines and survey of the works standing on his charge certain Rent-masters and Clarks so on the other side the Cities were privileged of old not onely to appoint peculiar Treasurers and Receivers over their proper goods and revenues but likewise partly in matters of Government such as are called Assessores Universitatis Surveyors of the fortifications Water-Clarks Porters and other Ministers partly for assisting and dispatching of justice the Orphant-Masters the Sâ—out or Sheriff and elected Senators of the lands quadri-partition the Commissioners and Secretaries of the land-right together with the Clerks and messengers and som likewise to oversee the poor and hospital and other attendants belonging thereunto So also do the said Cities use of their own autoritie and without the privitie or knowledg of the Lord not onely to send their Deputies to the Assemblie of the Provincial Government but also to Commissionate som persons both for the Commissioned Council and Court of the Admiraltie as likewise for the Chamber of Accounts and the States of Wolcheren besides the Elections which are made by them too out of the Nomination of the triple number for Adventures in the East and West-Indie Companies And all this originally from that power which directly belong's unto them in matter of Policie and Government and out of respect of the particular and singular interest which the foresaid Cities have in the Conservation and prosperitie of the Province Eightly The same may further bee deduced out of the manifold Privileges and Immunities granted unto them not onely by the Earls and Countesses of Zeland as was told alreadie above but also by forrein Kings and Princes as well if not more in favor and respect of the Governors and common Inhabitants of the said Cities then for their subaltern or subordinate Lord's sake Whereunto among others especially relate's a certain Privilege given them by King Edward of England in the year 1475. to Henry van Borssele as Lord of Veer together with the Burgomasters and Governors distinguished from the Lord as also the general Inhabitants and Commons of the said Citie which then were or should bee hereafter Which kinde of Privileges especially there beeing many of them are of that validitie and weight in regard of the foresaid Cities and must so bee understood in Law that although the Lords thereof should either committ any felonie or delinquencie against the Earl as the direct Lord or have given to the said forrein Potentates any just caus of offence and merited thereby to bee deprived of the Disposition and Contents of the foresaid Privileges so far forth as concerneth them nevertheless the same could not bee
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
Counsellors there though on the one side they bee engaged by Oath to the Earldom or to the Magistrate of the Cities for beeing faithful to the Administ aâ—ion of the Civil Government thereof nevertheless they may well enough also make Oath to the Lord for the sincere administration of Justice As likewise the same Counsellors besides the ordinarie dutie which they ow to the inhabitants by Commissions from the Lord they stand withall engaged to the Earldom or State of the Province to administer good Right and Justice to the people of the Countrie assigned to their resort Wherewith as wee trust Noble Mightie Lords to have summarily and no less usefully elucidated the whole condition of this Affair so wee will not doubt but the same have sufficiently understood thereby what Difference there is betwixt the Command and Autoritie which in the foresaid Cities doth belong on the one side to the Earldom and on the other to the Lord or Marquiss and in what points the same respectively doth most properly consist Therein namely That to the Earldom without all Controversie apperteineth all the Right of Sovereigntie and Supreme Autoritie That the particular Lords as Vassals of the Earldom are bound to shew to the said Earldom all due Obedience and homage That the said Cities in respect of the Employment and Deliberations touching affaires as well of the Common Government of the Land as the particular of their Cities do altogether and immediatly resort under the said Earldom without being bound to acknowledg the Marquiss or Lord in that behalf And consequently That the Courts of the Common Councils beeing originally erected there by the Autoritie and in the Name of the Earldom there is none can justly pretend to any disposition of confirming altering or moderating the same but onely the Lords the States as representing the said Earldom That the Creation and Election of the Burgomasters in those Cities as beeing the Head of the Government and of the Common Councils in various relations to them according to the 3 and 26 Articles of the foresaid respective Charters made heretofore by their Highnesses as Stadtholders of the Province is now by their Deceas apparently devolved into the bosom of the Earldom Which might henceforward rather do the same by themselvs or els in conformitie to the Resolutions taken and already practised to the advantage of the Common Members of the Province confer the same upon the Magistrates of the said Cities respectively in such a waie and Reiglement as was by them drawn up with the least impairing of their privileges and might consequently upon due cognisance of the matters bee autorised and decreed here Leaving likewise to their trust and unprejudiced as before the further direction in all civil matters and affairs with the said Cities respectively Adding this privilege besides for reasons and in conformitie to the common practises formerly alleged that they may bee enabled to make choice and election of persons for the supplying of som vacant places in the Common Councils absolutely and definitively by themselvs As also there ought to bee left under correction unto the foresaid Lord or Marquiss unprejudiced and undamnified all such dispositions and autoritie as are in express terms given to them over the foresaid places by their Letter of Investiture And that in pursuance thereof the same shall continue to exercise the power there for the administration of the criminal and civil Jurisdiction and particularly to engage by Oath according to custom the Bayliâ—ts and Counsellors together with the Secretaries and other attendants of Justice Provided notwithstanding that the foresaid Counsellors and Officers beeing desired to administer Justice at first instance in criminal or by appeal in civil matters over the Inhabitants of the open Countrie having relation to their appointed resort they shall bee bound and obliged in that regard to respect and that immediately the Commands of the Earldom As likewise the Bayliffs and Counsellors aforesaid shall bee bound to make Oath in that behalf unto the Earldom and likewise in the express Name and Quadripartition of the same to banish c. howbeit as wee are informed the same hath not been absolutely practised for these many years Beeing that the power of the said Bailiffs and Counsellors of administring Justice in the foresaid places is not conferred upon them by Commission of the Lord who hath not the least thing to say or pretend there but onely by delegation and permission of the States That withall the Marquiss or Lord shall have libertie to place for the future such Officers and Ministers there for the Receipt and Improvement of his Demeanes and Royalties-as he was wont to do of old as likewise the Cities may dispose in matters of their own so as they shall finde it requisite for the adminstration of their Government and best managing of their own meanes and revenues And thus wee conceiv shall every one bee duly maintein'd in the Right belonging to him and no bodie wrong'd the Earldom reserving its Right the Marquiss or Lord the contents of his feodotarie Letters and both the respective Cities the substance of their Charter Presenting at last unto your N. M. consideration whether it were not expedient that they would bee pleased to appoint som Members of their present Assemblie who might together with the rest of the Council frame and draw up from all that hath been represented here a Substantial Ordinance how the Right belonging to the Earldom touching the Magistracie or Government of the foresaid Cities may henceforward bee directed to the best advantage and consequently their N. M. conform the taking of their Resolution of it to most Justice and Equitie For which end wee praie Almightie God to inspire your N. M. with the spirit of Wisdom and discretion and to continue blessing the same with a long-lasting peaceable and prosperous Government Don and advised thus c. In Middleburg Sept. 1. 1651. If his Electorall High s of Brandenburg in his French letter sent heretofore by Monsieur Severin to the Princess Royall had reason to intimate what detriment the affairs of the Young Prince did suffer by reason of their mutual Disputes certainly here was more caus to regreet and rue it The Princely Guardians or Administrators notwithstanding did both underhand and overboard privately and publickly whatsoëver they could to withstand it They wrote Octob. 23. unto the States of Zealand That they were informed of the foresaid Considerations and Advice and that they were sent to the Members of the Assemblie as one of the points to be handled next Session And whereas the said advice was greatly tending to the prejudice of the Young Prince his Right belonging to him as Marquis and Lord of the foresaid Cities Therefore they in Qualitie of Guardians of the said Prince their respective Son and Son's Son Marquiss and Lord of those Cities had found themselvs obliged to caus the Right of the said Prince over the said Cities to bee carefully examined that thereupon
they might so much the better and more fundamentally bee able to inform their N. M. and to shew that divers positions and arguments drawn thence were most abusively and without any necessarie consequence inserted intothe foresaid Considerations whereby the right of the said young Prince-pupil was not shaken at all for which end there could bee produced and represented the Zelandish Right of Burgomasters and Counsellors both for Government and Justice and the difference herein from the Hollandish Right though likewise not universal or alike in all Cities And withal That from all antiquitie and beyond the memorie of men the Marquises and Lords of the Cities had created and appointed there not onely the Counsellors but the Burgomasters also themselvs and that the same Right had ever solely appertained to them as Lords of the places That their N. M. should likewise bee shewed that besides divers other Rights appertaining to the said Marquis as well within Flushing as Veer the Election of the Counsellors within the Marquisate was made by him ever since the year 1581. for the space of 70 years together all which time of years the foresaid Marquisate was possessed by virtue and title of purchase by Prince William of happie memorie and his Illustrious Successors That it should likewise bee demonstrated to their N. M. as clearly as Noon-light that the Marquises all that time had exercised the Right of electing the Burgomasters and Council suo jure and of their own head and not as Stadtholders of the Countrie of Zeland or by virtue of any other delegated power from the Prince of the Countrie And further they said That their N. M. could very well according to their great wisdom and wonted equitie consider the importance of the foresaid Right in respect of the young Prince-Pupill aforesaid and that it became them in qualitie of Guardians with such an exact care to tender the Conservation of all his Rights especially one of that clearness and consequence as this was as the Laws required at their hands And that through weightie impediments and especially that but lately they were com to a due settlement about the Guardianship they had been hindred to refute the foresaid Considerations and advice of the Commissioned Council of their N. M. so fully as the importance of the matter required and to represent the business as circumspectly as they desired Wherefore they were confident their N. M. would make no difficultie to bear them so much respect about the matter aforesaid in their qualitie of Guardians of the foresaid Prince Pupill whose Illustrious forefathers had merited so much of the state of these Countries and in particular of their Province as to bee pleased to supersede all deliberations upon the foresaid Advice and Considerations and in the mean time to let all things remain in the present state and condition not doubting but they should present their N. M. ere long with such a grounded Information as would yield them full and ample satisfaction Not long after there was sent into Zeland to the States-Assemblie there the Lord Beaumont Counsellor to the young Prince who made and in writing presented them with this ensuing Declaration or Counter Remonstrance of the Commissioners of their High ss the Guardians of my Lord the Prince of Orange as Marquis and Lord of the Cities Flushing and Veer delivered to the No Mi. Lords the States of Zeland by waie of confuting the writen Considerations and Advice of their Commissioned Council touching the Right of his High s over the said Cities in respect of the Magistracie and Government thereof and for Assertion that his High s cannot bee deprived of the Election of the persons of the Magistrates or part thereof Noble Mightie Lords THeir High ss the Guardians of the young Prince of Orange having been informed of the writen Considerations drawn up by your N. M. Commissioned Council in pursuance of your N. M. Resolution of April 25. 1651. and together with other points whereupon your N. M were summoned against the 11 th of the last month of Septemb. transmitted to the Members with the said Council's advice by waie of Elucidation and Distinguishing as is pretended between the Right belonging on the one side to the Earldom and on the other to the Lord Marquis over the said Cities of Flushing and Veer in respect of their Magistracie and Government and consequently That the Princes of Orange of happie memorie should have exercised no other in that regard but as or in qualitie of Stadtholders of the Province so that not till now by the death of his late High s of blessed memorie it was revolved into the Bosom of the Earldom to bee provided for accordingly And their High ss the Guardians of the said Prince finding themselvs obliged to caus his Right over the two said Cities to bee examined that they might bee able so much the better and more fundamentally to inform your N. M. and shew that divers positions and arguments drawn thence were put into the said considerations through mistake and without any necessarie consequence so that thereby the said Right of the Prince Pupil is not shaken in the least point and it beeing the part and dutie of their High ss as Guardians to take exact and perfect care for the conservation of all the Rights belonging to the said Prince Pupil and especially of such a clear and principal one as is the present and their High ss having through special weightie impediments and particularly that the Guardianship was but lately brought into a due settled cours beeing hindred to refute the foresaid Considerations and Advice of the Council of their N. M. so fully as the importance of the affair required and to the end their High ss might prepare things according to the desire they had to represent the same to your N. M. with all circumstances they sought to your N. M. by their Letters of Octob. 23. That it might not seem grievous unto you so far forth to respect them in behalf of the foresaid matters and in the qualitie of Guardians to the said Prince Pupil whose Illustrious fore-fathers merited so much of the state of these Countries and of that Province especially That they would bee pleased to supersede but a while all deliberations upon the foresaid Advice and Considerations and leav all in the mean time in the present state and condition They not doubting but that they should present you with such an Information as would give full satisfaction to your No. M. But now their High ss beeing by other hands most unexspectedly informed that without heeding the said just desire of their High ss by giving but a little respit the abovesaid point touching the foresaid considerations and advice was brought and taken into Deliberation at the Assemblie of your N. M. and that som Members have alreadie opened their Resolution upon the same without having heard what may bee alleged to the contrarie against the said considerations and advice and for the
though the three positions inserted by the Commissioned Council in the 52 53 and 54 Articles of their Considerations were granted Namely that the same Charter was granted by the said Prince as Stadtholder in the name of the King as Earl of Zeland And the same Charter is given directly not to the Marquis nor in reshect of him but onely for the common good of the foresaid Cities in their particular interest And thirdly for to serv them as a permanent path-way and constitution whereby thenceforward to rule and steer their Government and that they might bee made coequal with the old free Cities of the Earldom as in regard of divers freedoms and prerogatives so likewise in respect of their form of Government Nevertheless the Patrimonial Right cannot thereby bee taken away from the Lord Marquis Those of his Hih s counsel do willingly grant That as the Commissioned Council saie in their 60. Article the forenamed Prince William granted and settled divers other Privileges and Elections both in this and other Provinces wherein hee constantly used the Name and Title of Stadtholder and as exercising the Function of Supreme Autoritie As the same is likewise manifestly to bee seen in the business mentioned Artic. 68. of the said Considerations touching the Cession made at the Assemblie of the States to those of Flushing for to supplie the vacant place of the Abbot and Prelat of Middleburg About which there having arisen som difference and dispute in collecting of the Votes at the States Assemblie in the year 1579. and the Cities of Middleburg Zirk-zee Romers-Wale Goes and Tholen having addrest themselvs afterwards with a long Remonstrance unto the said Prince his Excellencie resolved and declared thereupon according as the Act thereof hold's forth of June 14. 1579. That during the Wars businesses should bee carried by pluralitie of voices beginning with the Premier Noble and so going or collecting the voices of all the Cities in Order And the War beeing ended the Land's affairs should bee again decided and concluded with 3 voices whereof the Nobles to have the first the five forenamed Cities the second and the Cities of Flushing and Veer the last by virtue of the foresaid Privileges granted unto them by his Excellencie According to which the Lord Marquis can well allow that the advantages and prerogatives comprehended in the same Charter are for a great part of them of such a Nature that they cannot derive directly from any els but the Earldom it self such are the prerogatives and privileges rehears'd in the Articles 64. and 65. of the foresaid Considerations That it cannot neither bee drawn to any prejudice of the Lord Marquis That the Cities of Flushing and Veer are by the said Privileges created integrating Members of the Soveraign Government of Zeland and like to others equally representing the States of the Land and that the same may have been granted without respect communication and interest of their Lord onely to them in particular and to further the same Cities good Government and Prosperitie and to reliev and consider them in regard of the heavie burrhens they bore and faithful service they performed in the Wars according as the same is deduced in the foresaid Considerations to Article 73. But if Rerum facies bee well considered so as the same stood at the time of granting the said Privileges and the conjecture may have place which is put down in the 74. Article of the Commissioned Council's Consideration That viz. the aim and intention of granting the said Privileges should have been to equalize the said Cities in manner of Government or Policie with the other Cities of the Earldom there is nothing at all can thence bee inferr'd to the prejudice of the Lord Marquis But rather to the contrarie asserted that there was no aim nor intention at all to deprive the Lord of the Election of the Burgomasters Whereunto may serv also That as in part is touched by Artic. 75 of the Consideration of the Council the Government of the Citie consisted of old and until the time of the Grant of the said great Charter in the Burgomasters and Schepens in regard b th of the administration of Justice and direction of Government And that according to the 6. Article of the Contract betwixt the Lord and the Governors of Flushing in the year 1530. the Officer of the Lord was to bee present and called in all matters and affairs concerning the Government and common welfare of the Citie and those of the Law also to clear and deduce their accounts and administrations before the Lord or his Commissioners Which Articles concerning the presence of the Officer are repeated again in the Contract of July ult 1582. between Prince William as Marquis and the Burgomasters Schepens and Council of the Citie of Flushing a good many years after the grant of the foresaid great Charter they the Governors promissing there that there shall bee no Assemblie or consultation about the Cities affairs but the Baylif shall have a timely call thereunto And that no Resolution or Decree shall bee past or executed against which the Baylif shall have protested either in behalf of his Lords interest or in regard of the common welfare of the Burghers and Inhabitants That likewise they shall deliver up into the hands of the Lord or those of his Council at any time when his Princely grace shall pleas an exact state of the Cities Revenues or Charges with a true information what new Imposts there are made without Licence that they may bee either confirmed by his Grace or otherwise disposed of as the same should bee held requisite for the eas and relief of his Subjects As also every year give timely advertisement of the daie of rendering the accounts of the Citie and to transmit Copies thereof to the end that som bodie of his Council instructed and impower'd as is requisite may com to audit the same according as was used of old in the Lord's behalf So as likewise is expressly conditioned by the contract made between the said Prince as Marquis and those of Veer Januarie 20. 1582. that alwaies notice must bee given by Letters for his Princely grace as those of his Council to audit the Cities accounts As for the further seeting down of the Commissioned Council in their Considerations Artic. 75. that by the foresaid Privilege of the year 1574. there should bee set up and instituted a formal Court of Common Council for direction of the Government The Council of his High s cannot finde the same verified by the contents of the said Privileges nor to have been the least part of the meaning aim and intention of the said Prince But thus much indeed That by reason of new and heavie burdens of War which must bee supplied by the Commons to make them the better rellisht and born with the less repining when as they should see that the necessitie therof was deliberated and resolved upon by the prime persons of their own
choosing join'd with the Magistrate The Prince had found good that besides the Baylif Burgomasters and Schepens there might bee chosen by the Citie som of the ablest men thereof into the Common Council and Citie-Court And that according to the Text of the Charter for the governments or civil administrations of the said Cities without making any distinction between Burgomasters Schepens and Senate or of the autoritie or advantage of them As it is likewise well known that from that very time hitherto the whole Common Council there is consisting of the Baylif in the Lord's Name the Burgomasters Schepens and Senators and that by them all affairs of Government without distinction are transicted whether they concern the Citie or the chief Government of the Province As also in the same Cities the Schepens besides their employment in the aâ—ministration of Justice do perform all the functions els of Senators and Common Council And both indeed take one and the same oath and that which is more yet it may appear by the oath which is taken from the Senators of the Citie of Flushing that the Schepens are the Principal Members of the Citie Council The words run thus This I Senator do swear alwaies to do the common advantage of the Câ—tie with those of the Law Item at all times when I shall bee summoned upon any oath to repair to the Law of Flushing to hearken there and to give advice thereunto and to follow that which shall bee given mee to understand there That which by the Lords of the Commissioned Council is further deduced in the 76. 77. 78. 79. 80. 81. 82 and 83. Articles of their Considerations touching the institution and employment of the Common Councils all to this end to make men believ that in Zeland matters of Government belong not to the Counsellors but all Autoritie and direction thereof to the Common Council and Senators with seclusion of the Schepens To that the Council of his High s reply That such as bave any knowledg of the Government of the Cities of Zeland and those of Holland they may easily apprehend and understand that this may onely bee said of the Government of the Cities in Holland And is no waies agreeing with the Government of the Cities in Zeland beeing that there is no Citie in Zeland where the Counsellors are excluded from the managing autoritie and deliberations of affairs of government whether they concern the Cities in particular or the Supreme Government of the Province It is manifest and known to every one That at Middleburgh there are no affairs of Government transacted but by the College or Court which is called a Wett and Raedt a Law and Senat consisting of Burgomasters Schepens Counsellors and Raedens Senators The like use and practice is observed at Zireck-zee In the Citie of Goes there are indeed no Counsellors or Common Council at all nor in the Citie of Tolen neither the whole Government consisting there both for Policie and Justice in the Burgomasters and Schepens Whence followeth answerably that the Positions and Inferences of the Lord of the Commissioned Council in the 84. 85. 86. and 87. Articles of their Considerations touching the manner of the Election of Magistrates and the persons from among whom the same was made of old and is now made at present are groundless altogether and cannot serv to their purpose and intentions But on the contrarie those very Articles include a Justification of the Lord Marquiss in that which they meant to deprive him of That namely the choosing of the Magistrates hath of old belonged and so continueth to this daie to the Lords of Flushing and Veer As likewise the same Lords electing of Burgomasters and Schepens can bee shewed and verified by the Registers of the said cities for the space of about two hundred years It would withal make a very strange construction if one should argue according to 84 article of the consideration of the commissioned Council That the Prince for in the matter of Nomination and election of the Magistrates to make an equalitie with the cities of the Earldom by the said Privelege depriving the Lords of Flushing and Veer of the free Election which to that time hee had made ex arbitrio without Nomination and prescribing an Order according to which the Election to bee made out of the precedent Nomination now as to this by that Order the Election it self should bee taken away from the Lord. Moreover it turn's likewise for the advantage of his High s that it beeing presupposed even according to the sence of the Commissioned Council themselvs that Prince William his meaning aim and intention had been to equalize the two Vassal-cities with the cities of the Earldom There is no probabilitie at all that the said Prince should have been minded to introduce such a form of Government into the said two Cities as was not known in any of the Cities of the Earldom as namely whereby the Schepens should bee secluded from the cognisance and deliberations of matters of Government as is deduced above Nay on the contrarie it appear's plainly that this was not the least part of his intention or meaning by the very text of the said great Charter in several Articles where mention beeing made of the Government of the Cities all the disposition is put conjunctim to the Burgomasters Counsellors and Senators and no where to the Senators alone As also it cannot so much as bee conceived that the Prince should in that conjuncture of time have been willing to undertake such a notable alteration as to withdraw the cognisance and deliberation of Policie whereof depend all the important affairs of the State from the lawful and antient Magistrate and against the usual order of Government observed in all the Cities of Zeland to reduce and confine the same onely to the new Senators As for the contents of Artic. 88 of the foresaid Considerations it shall serv for replie thereunto to saie that a perverted fence is put upon the contents of the Charter there whenas the said Article averr's that the Election to bee made out of the nominated persons as well of Burgomasters as Schepers should bee left to his Roial Majestie as Earl of Zeland beeing that the qualitie of the Lord is not expressed therewithal nor the Designation of his Majestie any where in all the Charter exhibited by that Name Whereas the contrarie hereof is unanswerably manifest by sundrie Articles of the foresaid Charter as for Example in that of Flushing Artic. 2. That his Majestie shall appoint a Bayliff for to keep his Majestie 's and the Citie 's Rights Artic. 7. that the Burgomasters Schepers and Senate shall create the Officers requisite for the good of the Citie and maintenance of Government the King's Majestie 's autoritie and domains remaining still entire and so likewise in the 24 and 34 Articles of the Charter of the Citie of Veer That the Fishermen shall not bee allowed to sell their fish upon the
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