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
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
friendship between so dear Confederates may renew the deeper impression and such resolutions bee taken with one and full consent as may serv most effectually to preserv the so dearly purchased Freedom Greatness and Welfare of these Countries and all the Members and Inhabitants thereof And that in the mean time no ground of prejudice may bee laid by separate resolutions in this or that Province nor any change or alteration projected or practised without communication and deliberation had before with the jointlie-interessed Confederates for the better and due providing for and disposing of all with the more maturitie knowledg and consent and the less disgust and offence of any Our foresaid Principals have held it as needful and reasonable so also void of danger to the Land-service That all matters concerning the State bee left to the usual Cours and fundamental Orders of this Government the several Courts or Councils as also the chief Militarie Officers remaining in their respective Commissions until the Government General shall otherwise dispose therein And this Noble Mightie Lords is that which their N. Gr. M. the States of Holland and Westfriesland not for any particular self respect but meerly out of the uprightness and abundance of their affection to the Common Weal and welfare have thought good not onely to propound in the Assemblie of their Hi. Mi. unto your N. M. and the other Provincial Deputies there but for their own and your fuâ—ther satisfaction more particularly to represent and most seriously and effectually to recommend by a commissionated Member of their own to all the Provinces apart and to your N. M. themselvs in particular by Us whose names are here under-written And forasmuch as all this hath no other aim nor respect but the Unitie Friendship and Concord without which there is no hope nor possibilitie to subsist wee dare and do promiss our selvs undoubtedly from the wisdom prudence and good affection of your N. M. that which wee most friendly and earnestly request at your hands a wholsom and desired Resolution beseeching Almightie God to speed and bless the same to the constant Tranquillitie Prosperitie and Glorie of these United Countries but especially to the magnifying of the prais of his most Holie Name The Resolutions and Answers returned hereupon by the Provinces were to this effect That they undertook to appoint a good Number of Extraordinarie Deputies for the said General Assemblie The Nobilitie of the Nimmeghen and Veluw quarter resolved to com in Bodie though at thâ—ir own charges They of Over-Yssell autorized onely their Ordinarie Commissioners though afterwards Extraordinarie ones were sent from the Towns and of the Nobilitie as many as would go upon their own expences Those of Groninghen and the Omlands immediately upon the departure of the Holland-Commissioners went to chuse themselvs a Stadtholder and that at the desire and motion of Friesland by their Deputies contrarie to the advice of those of Holland and unanimously nominated Count William Friesland had the like intent of sending and recommending the same to those of Ovâ—â—-Yssell but Count William himself dissuaded it to give no offence to the Princesses They of Dreut followed the Citie of Groninghen and the Omlands The Princess Dowager Grandmother to the young Prince had sent by express Gentlemen to all the Provinces this ensuing Letter having first caused the same to bee communicated to the States General with desire of seconding the Contents who nevertheless received it but simply for a Notification and that they would send Copies to the Provinces Noble Mightie Lords SInce it hath pleased Almightie God somwhat to allay our great grief and dejectedness for the sudden Departure of Prince William our dear son of blessed memorie by the birth of a young Prince whereof the Princess Royal was happily delivered on the 14 th of this instant Wee may not doubt but that your N. M. particularly participated together with Us and all the well affected Inhabitants of this State in that rejoicing and that of their own accord thoughts presented themselvs to your consideration of the importance of such a desired success at that instant whenas it was sadly appreâ—ended that the whole Male-line of the Illustrious Princes of Orange those that laid the grounds and foundations of this Government and successively assisted the rising thereof with such high and famous atchievments should com to fail in this sorrowful season Nevertheless to satisfie our minde wee could not rest there but judged it every way fit and behoovful to make this present address unto your No. Mâ— together with the rest of the United Provinces friendly and seriously shewing recommending and desiring that they would bee pleased according to their accustomed wisdom and fore-sight to take into mindeful consideration now that the supplying of the Captainship general by Sea and Land and the Stadtholder or Governor-ship of your Province shall bee put into deliberation what regard and reflexion ought to bee made and had then unto the person of the said young Prince in relation of what as said is his Ancestors of immortal memorie have adventured both in goods and blood and uncessantly sought and endeavored in the common caus even so long until by their successful direction this State hath been raised to this height of prosperitie and reputation that their most puissant Enemie hath been constrein'd to seek that Peace at their hands which the joâ—nt Provinces so long generally aimed at and do enjoy at present Wee do therefore once again desire and entreat your No. Mi. that for the now succeeding times you will help to frame and fit the publick Resolutions sutably to the good remembrance of those which are past and this granted we are confident it will easily bee believed and prognosticated that this young sprout of the Orange-tree will bear as good and comfortable fruit as the Tree and Branches hitherto have brought forth However wee persuade our selvs your No. Mi. will accept of this friendly address and commendation as proceeding on the one side from the considerations of natural dutie wee oâ— to this our Infant 's son 's son as grandmother and on the other from the inviolable inclination and affection which according to the Example of his High â— of blessed memorie our whilom most highly honored Lord and Husband wee even did bear to this State and ever shall do as long it shall pleas God to keep us in this life Beseeching him from the bottom of our heart to inspire your No. Mi. with what shall most tend to and advance the Honor of his Holie Name the Unitie and Safetie of this State and the prosperitie and welfare of the good Inhabitants thereof and to keep your N. M. in his holie protection Given at the Haghe this 20 of Novemb. 1650. Count William Count Maurice and the Lord of Brederode did likewise respectively recommend their persons to the States General by the Lord President though but in geueral terms and writ also each of them to the States
of the Houses at Buren Breda Isselstein and Houselardyck There was likewise a Testament or Will produced but without date of daie or place and unsubcribed wherein hee dying without issue instituted his Sister Albertine to inherit on condition of marrying an Earl of Nassaw The Princess Royal maintained that the right of Guardianship was her own beeing Mother and the next in Law The manner of her plea appear's by the ensuing Paper presented to the States of Holland The Princess Royal doth remonstrate to your N. G. M. that to her great grief shee is necessitated in this her sad condition so often to interrupt your high and weightie Deliberations seeking for that at your hands which the natural affection to her onely Son and her motherlie tenderness for his wellfare together with the conservation of the mourning-hous of the Prince of Orange her husband of happie memorie constrain's her self unto Testifying before your N. G. M. her upright and sincere intention herein shee having hitherto had no other aim but that her foresaid Son whom both nature and the Laws likewise of these Countries have and do Commend unto her care and oversight before all others may bee provided with Guardians-assistant together with her self of such Lords members of the State as the Court of Holland communicating with her Remonstrant shall finde good under your N. G. M. approbation to ordain Beeing mooved thereunto by the full and perfect knowledg shee Remonstrant hath concerning this of the earnest will and desire of his Highness her husband whereof their N. G. M. may bee further assured by the draught of Disposition lately sent unto you in a Copie by the Court of Holland Which disposition beeing circumstantially examined especially so far forth as the same make's mention of constituting of Guardians and the qualifications of them together with the plain exclusion of all others not thus qualified The will of his High s and the assuredness of the foresaid Disposition cannot bee drawn into question by anie reason it beeing constituted in the Laws that even imperfect Dispositions destitute of all solemnities nay the very bare intimation of the last will is sufficient for the giving or appointing a Guardian especially beeing the Fathers for his childe The reason why the foresaid Disposition want's the formal Solemnitie however unnecessarie as for the present purpose of constituting Guardians proceeded not from any change of his High s former will nor any intention of his it should remain without the usual solemnities but that the same was hindered onely by som other accidents the which shee Remonstrant for certain considerations doth not think good as yet to discover and should bee contented to let it pass thus if shee bee not constrained to shew forth the Truth thereof in its nakedness It beeing a meer abuse that the draught of the foresaid Disposition should bee abolished or cancell d by the Codicill of his High s dated Decemb. 21 o. 1649. the Laws plainly shewing that Codicillarie Dispositions do not alter Wills or Testaments no nor any former Codicils but in so much as is expressly derogated unto the former by the later A like abuse is it That the foresaid Draught should bee of no efficacie for that his High s should have testified in his sickness that hee would or intended to make a Disposition or Testament Such an intention tending not to the altering of the foresaid Disposition but onely to pass in due form what hee long beforehand and premeditately had brought to that perfection that by special charge from himself and by his own hand Clark it was fairly written out and lackt nothing more but the solemn formalities aforesaid as shall bee fully proved if need bee Shee Remonstrant will not bee tedious now by shewing to your N. G. M. with what prudence and singular wisdom that foresaid Disposition hath been framed by his High s all the world easily comprehending that his aim was not onely to take care for that which most concerned the weal and conservation of the affairs of his hous but also and especially that his Son whom hee had destinated for the Service of this State might bee brought up under the eie and inspection of som Lords members of the State it self The Right which Shee Remonstrant hath before all other to the inspection and Guardian-ship of her Son doth need no justification at all in the righteous judgment of your N. G. M. Her own Minorennitie coming not into any Consideration here when as the very Laws of the Land pronounce the age compleat by matrimonie so that the Civil Law can take no hold of Us in this particular besides especially that it ought to bee considered in what Eminencie of Condition her person is which doth qualifie the Princes and Princesses of her Familie even under age such as shee Remonstrant now is to the Government of the State it self Shee Remonstrant is very well contented that My Lady the Princess Dawager should take care for the conservation of the Princesses her Daughters Rights and Interests and declar's shee is like Zealously affected for it it beeing very for from her thoughts to commit the least direction of the Government of her Son and his Goods to any Foreiner but absolutely to leav it to such as his High s most circumspectly hath ordained by his foresaid Disposition Judging that whatsoëver is practised and contrived against and contrarie to the wise intention of his Highness cannot but most highly prejudice the welfare of his Son and his inheritance Shee Remonstrant make 's no scruple at all at your N. G. M. beeing autorised to provide her Son with Guardians assistant together with herself sutably to the foresaid Dispositiâ—n of the Prince of Orange of happie Memorie but contrarily shee desireth and entreat's it at your hands But if so bee it shall pleas your N. G. M. to make use herein of the service of the Court-Provincial unto which is referr'd and committed the Universal Jurisdiction of the Countries of Holland Zealand and West-friesland Shee rests confident the same would prove no prejudice to the Highness of her hous and the emiment Qualitie thereof Considering that the foresaid Court of old and time out of minde have still exercised in this Land the right of Magistracie over all Noble and Eminent persons and consequently also provided their Orpbants if need was with Guardians The Princes of the Land themselvs having had the said Court in that esteem and consideration that they have committed to them the care and keeping of their Dignitie and Rights together with all their Soveraign and Princely prerogatives and his late High s himself sufficiently testified by his abovesaid Disposition the great respect hee bore to the said Court whenas hee committed or referred to the same a considerable part of the oversight of his hous mortuaire and things depending thereon All which your N. G. M. are entreated to take into serious Consideration so as may make most for the good of her Remonstrant and
All which Shee Remonstrant thought good to attest thus unto your N. Gr. M. in all sinceritie least by any contrarie impressions shee might bee prejudiced in her undoubted Right to the great indignitie of her foresaid Qualities and personal Illustrious extraction but especially to the more aggrieving of her affliction wherein shee ought rather in this desolate estate to bee by all means comforted and cheer'd up And that in regard hereof you will not suffer the waie of Justice to bee shut up to the Remonstrant which to the glorie and reputation of your N. G. M. Government stand's ever open even to the meanest and remotest that com's but to make his address here unto it The Princess Dowager stood upon this that the Roial was himself in Minoritie yet and could not in Law bee Guardian that shee might bee drawn to dissipate the good or revenue and adventure to spend it upon her Brothers even as the late Princes both Henrie and William had don themselvs and run themselvs deep in debt besides upon the same score That shee the Grandmother having much experience and special relations the Guardianship ought to bee committed to her shee could better administer the same and the like as appear's more fully by her own ensuing Remonstrance Noble and great Mightie Lords HEr High s the Ladie Princess Dowager of Orange having in respect of her qualitie as mother and Guardian of the young Princesses her daughters next interessed in the Hous Mortuaire of his late High s her son of happie memorie been desired soon after his Deceas jointly with som Deputies of his Electoral High s of Brandenburgh to appoint som Commissioners who in their Name might present themselvs at the opening to bee made by the Court of Holland of a certain disposition of a Last Will as was said to have been left behinde by his foresaid High s and was by her Roial High s put into the hands of the said Court under close Covert and not long after that shee had been informed by the Commissioners how that there was opened and read there a certain sealed Codicillarie Disposition made and sign'd by his said High s and attested by a Notarie and other witnesses in due form and manner in the behalf of her said Roial High s. That withal at the instance of the foresaid Commissioners there was read a certain other open Writing begun som years past to bee rough drawn by his High s in another hand but not completed much less dated signed sealed or past in form accustom'd Nevertheless that the Lecture hereof was not made but upon precedent Protestation of her High s Commissioners against the plain invaliditie of the same seconded after by the said Court 's explicite Declaration that the said Lecture should neither benefit nor prejudice any howbeit the Deputies of his Electoral High s having protested against it refused to stay the reading and withdrew themselvs out of the Court. And her High s consequently together with all uninteressed people of reason and discretion looking upon the condition of this hous mortuaire no otherwise then that his foresaid High s having of late drawn the Contents of the foresaid Codicil out of the rough-draught above-mention'd hee hath thereby plainly rejected the same and therefore at several times testified upon his Death-bed hee intended to make his Testament and therefore without any contradiction beeing precipitated by his sickness came to die intestate and that therefore it were requisite above all things order should bee taken both for the Guardianship of the young born Prince together with his Roial Ladie Mother and the administration of his goods Shee was very confident indeed and still shee doth relie upon it that your No. Gr. Mi. as Sovereigns of the Province where the Hous Mortuaire happen'd and in consideration likewise of its Eminencie you would bee pleased to settle such order therein as in like Cases the Common Laws and Customs of this and all Countries almost have provided and hath by reason hereof refrained hitherto to importune your N. Gr. M. in this affair But beeing her High s hath been informed since that the Lords of the Court of Holland had besides their rescription communicated Copies unto your N. G. M. not onely of the foresaid Codicil but also the other imperfect Writing and doth otherwise also understand that certain persons whom it least beseem's do seek and go about to the undervalue of this Illustrious Hous to engage the principal members thereof into needless Controversie and dare take upon them contrarie to all Laws Customs and sound reason publickly to assert and maintein as if by virtue of the foresaid invalid Writing the pretenders were enabled to act in what concern's the foresaid Guardianship and Administration even with seclusion of the nearest in Blood and Alliance that are ungainsaiably legitimated and qualified thereunto and that the said persons likewise endeavored to carrie on and dispose of the business by all kinde of strange under-hand-dealings Her High s hath in all respects both of Law and Nature found herself obliged and even constrained hereby most courteously and friendly to desire your N. Gr. M. They would bee pleased to take all what here hath been deduced according to your accustomed wisdom and discretion into good and mature Counsel-deliberation and to devise and settle such Order about the fore-named Guardian ship and Administration That your N. Gr. M. doubtless finding good to appoint a Committee of som Members of the Government it self for it there may bee no further prejudice practised against them to whom it belong's to bee preferred and emplâ—ied hereunto as from the Father's side before all others and who consequently likewise cannot bee put by or excluded without singular reason disgust and offence However your N. Gr. M. are to consider that her High s is making this timely application in discharge of her Devoir partly out of motherlie affection to her dear and onely Grandchilde and partly by reason of her foresaid qualitie of Mother and Guardian to the said young Princesses her daughters whose interests shee may not abandon That Guardianship beeing solemnly laid upon her by the last Will and Testament of his Highness of blessed memorie her Lord and Husband who likewise desired therein your N. G. M. assistance for the execution By another Memorandum the Princess Dowager shewed as followeth Noble Great Mightie Lords ALthough her High s the Princess Dowager of Orange and the next Allies of his High s side of blessed memorie were very loath to disturb and interrupt the high and important deliberations of your N. G. M. with their particular affairs and rested confident that whilest your N. G. M. to whom as to the Sovereigns of this Province of Holland belong's the disposing of the Guardianship of the young-born Prince of Orange Resolution was not opened or declared all things should remain in State as it was and nothing bee attemted by the Princess Roial as on the side of her High s respect
Lord Henvlict Whereupon the Lord Henvlict made answer That hee had received Charge and Commission from his late Roial Ma tie of great Brittain renewed by his present Ma tie since to assist the Princess Royal in all her affairs and occasions with his Advice and Counsel and that what hee had don hitherto was don by virtue thereof and as his Elect l High s did maintain his Servants and Ministers so hee was confident hee should bee likewise bee maintained in following his Commission and said moreover That hee had declared in full Council that hee never intended to trouble himself with the business of his High s but onely with the affairs of the Princess Royal wherewith hee was charged adding thereunto That hee should never suffer himself to bee hindred by his Elect l High s or any bodie in the World to give his advice in the affairs of the Princess Royal and if they would give him what they had against him in writing hee would return his answer in writing accordingly On the 29 th of June the Princess Dowager caused the foresaid two reports or protests to bee delivered to the Counsellor Pensionarie Cats with desire that they might bee read at the Assemblie of their Nob. Gr. Mi. to the end that they might truly understand what had past between his Elect l High s of Brandenburg or his Ministers and the Lord Beverweert and Henvlict which her High s declared was otherwise reported of to their No. Gr. Mi. then Truth held forth Together with that there was read likewise another paper dated Junii 28 o. which had been delivered to the said Counsellor Pensionarie by the Secretarie of the Princess Royal the sum whereof was That her Royal High s found herself very much wronged in that his foresaid Elect l High s had of his own humor caused two persons of qualitie viz not onely the Lord Henvlict her superintendant but likewise one of her friends to bee most uncivilly disorderly and unreasonably affronted and threatned withal if they should undertake any further to meddle with the business concerning the Guardian-ship of the Young Prince her Son Desiring their N. Gr. M. would bee pleased to provide and order against such proceedings what they should finde requisite in reason and Justice to further her Caus which things beeing taken into Deliberation it was found good That the persons as well of the Lord Beverweert as of the Lord Henvlict should bee taken and were taken into the protection of their N. G. M. And that this Result should bee made known to the Counsellors and Ministers of his said Elect l High s from the States and in their Name expressly declaring unto them that their N. G. M. could not allow of such kinde of proceedings here as unsufferable to the Constitution of this State That the same Resolution aforesaid should likewise bee intimated to my Lady the Princess Dowager of Orange and shee most seriously desired to dispose his Elect l High s that hee would forbear such proceedings and leav matters referr'd to justice to the Decision thereof without using any further threats or any such like unbefittiug means as those foresaid papers held forth against any one especially against persons that have Relation to her Royal High s or assist her with their Counsel And the performance of this Resolution was committed to the Lords of Dort Harlem Amsterdam Alcmar together with the Counsellor Pensionarie And by this occasion it was found good likewise to advise how and in what manner it should bee provided That no great Ones should bee suffered to com into the Cities and Forts of this State without precedent intimation from them and good liking of the State Besides all this there happened yet a further occasion of exasperating and heightning the Contention news beeing brought about this time that the Governor of Orange the Earl of Donaw had caused to bee apprehended and secured an Orange Gentleman by name Rafaëlis heretofore French Minister at the Haghe and afterwards one of the Princes Counsel beeing secretly dispatcht by the Princess Roial to get a certain Act declared in the Principalitie of Orange pretended to have been made by Prince William and addrest to the said Earl of Donaw in manner as followeth Le Prince d' Orange ORdain's by this that the Earl of Donaw Governor of Orange shall not yield up the said place to any one after his Deceas but follow the Orders which the Princess Roial his Spous shall give him And the said Earl shall maintein the said place in her behalf against any other whatsoëver pretending to it Don at the Haghe this 24 of Febr. 1649. Signed G. P. Prince of Orange and lower Busero When the said Rafaëlis took his leav of the Princess Dowager shee presently told him Sir You are going upon an errand for the Princess Roial but hee declared again and again hee went about his own affairs When hee arrived at Orange it was so late which it seem's hee did of purpose that the Castle gates were shut already that so hee might have the better excuse why hee was not com to speak with the Governor before any other and so to lose no time hee presently addrest himself to the Parlament and Magistrate there to recommend the Princess Royal her intention unto them but the Governor getting notice here hee caused hold to bee laid on him that night and lodged him safe in the Castle The High Court having heard out the full plea of the Difference between the Princely parties there were all means tried to bring it to an amicable transaction and composure but the same not taking Sentence was pronounced and therein also how the Cabinet should bee disposed which the Court Provincial in their precedent Sentence had not so much as mentioned once By this Sentence the Princess Royal conceived herself much prejudiced and declared that shee would desire Review thereof to bee made yet becaus all the Creditors remained still unpai'd and clamored much the Princess Roial declared That though shee could not yield to the foresaid Sentence there beeing Errors in it and was resolved to desire a Review thereof and to prosecute it accordingly nevertheless for the Creditor's sake that they might receiv due satisfaction once shee was content reserving her Right and exception against the foresaid Sentence that Order may bee taken jointly for their paiment c. Which Declaration beeing presented from the Princess Roial to the Princess Dowager July 31. her answer was That as for the alleged Sentence her High s and the Pr. Elect of Brandenburg had more reason to except against and desire a review of it beeing that therein the Princess Royal was join'd in the Guardiansh p contrarie to the Law shee beeing yet in her Minoritie And as for payments her High s wish'd that the monies had not been otherwise diverted but employ'd for their proper use and appointment It was none of her High s fault that the Creditors were not paid shee having
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