several Points and Articles of the said Union which beeing performed and report made to their fellow-Commissioners all the said Plenipotentiaries of the said Cities which underwrit these do declare that they have allowed approoved and ratified all the foresaid Points and Articles of the Union aforesaid do allow c. by these promising that like unto the rest of the Confederates they will keep observ and follow the same and every point thereof in particular as well what hitherto is don therein as what by virtue thereof shall yet further bee don and agreed on In witness whereof the foresaid Plenipotentiaries of the Cities have set their hands to this the daie month and year abovesaid and was signed with the names here ensuing writen by divers hands Julius van Botnya Plenipotentiarie for Francker Jurien Hendrieksz Plenipotentiarie for Franiker Henrick Jahrichsz Plenipotentiarie for Lewarden Jan Jansz substituted by Ayde Lammarts who had procuration and was from home Claes Hotthissz for the Council of the Citie of Sneeck Jacob Syverttz Plenipotentiarie for Bolswert Frans Jacob Frerekson for those of Bolswert Banne Peters Plenipotentiarie from the Burgomasters of the Citie of Ylst Jeltze van Galama likewise for Ylst Reynier Olfertsz for Staveren Willem Sippessz for Sloten Joh. Bettegh Burgomaster of Worcum Donne Abbesz likewise for Worcum Whereas wee George van Laling Count of Rinnenberg Baron and Banner-Lord at Ville Seigneur of Villierve Imbriechies Lievtenant and Captain General of Friesland Over-Yssel Groninghen the Omlands Drent and Linghen chief of his Ma ties Exchequer have found it expedient and very needful for the conservation and maintenance of the common-Weal Rights and Liberties of the Netherlands that there bee maintain'd all good friendship unitie and concord among the Provinces of these Countries and those under our Government as also among the Cities and particular members of the same whereby the common Enemie will not onely bee the more effectually withstood and kept off by a joint power and mutual assistance but likewise deprived of the means to sow or rais any misunderstanding or difference betwixt the same Provinces Cities or Members thereof by reason of difference in Religion or otherwise howsoever Therefore having seen a certain Vnion and Alliance as it was projected first last summer by our advice at Arnheim and made in Januarie last at Vtrecht and concluded there between the wel-born Lord Count John of Nassaw Lievtenant of the principalitie of Gelders and Countie of Zutphen and them of Holland Zeland Vtrecht the Friesish Omlands and others together with several Acts of approbation and acceptance of the foresaid Union by my Lord the Prince of Orange Lievtenant General of the Arch-Duke Matthias Governor General of the foresaid Netherlands dated May 3. 1579. wee do declare that wee have ratified approoved and allowed the same do ratifie approov allow and accept of the same by these beeing perswaded and sure that the Magistracie and Autoritie of the Arch-Duke's eminencie is no waies impaired nor lessened thereby Promising like the other Confederates to keep observ and follow the same and every point thereof In witness whereof wee have underwriten these with our hand and caused our privie Seal in Patent-waie to bee affixed hereunto Actum at Winse in the Omlands this 11 th of Jun. 1579. beneath was writen George van Lataines This daie July 10. 1579. there appeared in the foresaid Assemblie of the said Deputies at Vtrecht the Deputies of the Citie of Ypren viz. Sig. Jan van Lanquedul Law-keeper and M. Peter Balde Pensioner to the said Citie of Ypren who had declared that having perused the points and Articles of the foresaid Vnion and that which by virtue thereof hath further been transacted they found it good and thereupon have by virtue of their Letters of Credence and Procuration bearing date June 23. 1579. allowed approoved and ratified do allow c. the same by these promising like to the other Confederates to keep observ and follow the same and every point thereof in particular In witness whereof the foresaid Deputies of the Citie of Ypren set their hands to it underneath the daie month and year abovesaid signed Jan van Lanquedul M. Peter Balde This daie the 29 th of July 1579. there appeared in the Assemblie of the foresaid Deputies of the neerer United Provinces assembled in Vtrecht the Commissioners of the Citie of Antwerp viz. Sig. Jan van Stralen utter Burgomaster Voncker Philips van Schoonhoven Sig. of Wanroy of the Council Jan van Brecht old Counsellor Adam Verhult Colonel Valerius van Dale and Jan Gyssels Dekens who declared that having perused the Points and Articles of the foresaid Union and that which by virtue thereof hath been further transacted They found it good and thereupon by virtue of their Procuration bearing date July 22. and Letters of Credence dated July 23. 1579. have allowed approoved and ratified do allow approov and ratifie the same by these promising like to the other Confederates to keep observ and follow the same and every point thereof in particular In witness whereof the foresaid Deputies of the said Citie of Antwerp set their hands to it the daie month and year as above and was underwriten Jan van Stralen Philips van Schoonhoven Jan van Brecht Adam Verhult Valerius van Dale Jan Gyssels This daie the 13 of Septemb. 1579. there appeared in the Assemblie of the foresaid Deputies assembled at Vtrecht the Deputies of the Citie of Breda viz. Godert van Luchtenberg Burgomaster of the Citie Godefroy Montes of the Council and Lievtenant of the Colonel and Captain likewise and Christian Back Master of the Orphants and Ten-man who declared that having perused the Points and Articles of the foresaid Union and that which by virtue thereof hath been transacted since they found it good and thereupon have by virtue of their Procuration dated Septemb. 10 1579. allowed approoved and ratified do allow c. the same by these promising like to the other Confederates they will keep observ and follow the same and every point thereof in particular In witness whereof the foresaid Deputies of the said Citie of Breda have set their hands hereunder the daie month and year abovesaid signed Godert van Luchtenberg Godefroy Montes and Christian Back Frans-son This daie Febr. 1. 1580. there appeared in the Assemblie of the foresaid Deputies of the neerer United Provinces assembled at Vtrecht Sig. Guido du Bruecq of the Council of the Citie of Brugge who declared that they having perused the Points and Articles of the foresaid Union and what hath further been transacted since by virtue of the same they found it good and thereupon over and above the approbation thereof by Sig. Levin Steppe of the Council and M. Jacob Yman Pensioner of the said Citie of Brugge by virtue of their sealed Procuration of Nov. 7. 1579. made at Antwerp the 26. of the same month by virtue of Letters of Credence and sealed Procuration both dated Januar. 25. 1580. have allowed approoved and ratified
Gr. Mi. in publick testimonie that inded and truth wee ever held and yet do hold the foresaid Lord John Duyst van Voorhunt qualified as is before expressed Herewith c. Noble c. Writen at Delft Julie 26 1651. Your N. Gr. M. subjects the 40 Council and Commons of the Citie of Delft By Order of the same Signed S. Groenewegen van der Made Act of Justification of the Citie of Amsterdam WEe Burgomasters and Commons of the Citie of Amsterdam having heard the reading of a certain Writing entituled Reasons and Motives c. and finding that therein are made notable Charges against divers Members of the Assemblie of the No. Gr. Mi. Lords the States of Holland and Westfriesland about the passages last year touching the new state of War and consequences thereof and especially in regard of the separate cashiering of forces found good and set on foot by the N. Gr. M. Lords the States aforesaid together with the counteractings to that solemn Commission or Sending therin mentioned and having seen withall a certain Letter from the said Lords the States of Holland and Westfriesland of the 6 th of this month whereby c. and having maturely weighed all wee found our selvs obliged in defence of truth and the innocence of us all and of the Lords in particular emploied by and for Us in the affairs aforesaid and aimed at in the foresaid Charge as also to satisfie the desire and Order of their N. Gr. M. do testifie and declare the contrarie of what is asserted in the foresaid Writing That namely the said Lords our fellow-Governors and especially the Lords Andrew and Cornelius Bicker Old-Burgomasters at present of this Cirie both in the foresaid and other occasions have alwaies shewed themselvs true and honest Governors and upright and faithful Patriots and lovers of their Native Countrie whose actions and counsels were far from enterprising much less effecting any thing that could have stretched to the dissolution of the Union change or alteration in the Civil Government or true Reformed Christian Religion and consequently to the prejudice ruine and distraction of the State but on the contrarie have alwaies tended to the conservation and assurance thereof and that in that regard wee are abundantly satisfied with their sincere affection as to the good of the common caus in general so especially in their industriousness about and faithful prudent managing of the Execution of our Orders touching the business of the New state of War and the reducing of part of the Militia with the things annexed in all which wee declare that they have don nothing els but what wee our selvs found good in that behalf for the service of the Land and gave them in charge by iâ—erated Resolutions insomuch that then wee gave them thanks and heartily thank them still for what they did and do declare that the foresaid Lords have served and supplied Us from time to time with sincere and faithful reports of the foresaid affairs to our full and necessarie instruction without ever shewing any ill-affectedness much less endeavoring to abuse us thereby and that in like sort the Counter-acting and opposing by this Citie of the sending decreed by a few Lords of the other Provinces to bee made to all the Members and Cities of Holland and Westfriesland hath been our own work grounded upon very pregnant and weightie reasons and decreed by reiterated Resolutions taken in our Assemblie and directed to no other end then to the common good the conservation of the order of Government the eminence of this Province the privilege of our Citie and by no means at all thereby to caus any Distraction in the State According as about that very time wee have by our Deputies to your N. gr M. fully justified the same and drawn it up in wrâ—ting wheâ—â—â— his High s was pleased to make particular complaint to your N. gr M. of our Cities and their Deputies encountring of him and to demand reparation and satisfaction in that behalf to which Justification of ours wee here refer our selvs and have caus to think our selvs happie for the good direction which hath been afforded to us by the Lords whom wee employd in all this renewing our heartie thanks unto them and promising to all the foresaid Lords our fellow-Governors that whatever shall beâ—ide them or their posterities hereafter by reason of the things aforesaid to hold and save them harmless In Witness whereof wee have caused Our Citie Seal to bee hereunder annexed July 19. 1651. underneath stood By Order of the Burgomasters and the 36. Council signed Gr. Hulst and sealed with Green Wax Act of Justification of the Citie of Horen WEe Burgomasters Council and Commons of the Citie of Horen in West-Friesland make known to every one to whom it appertaineth That by our present Deputies at the Assemblie wee are advertised 27 Junii of the reading of certain Motives and Reasons c. whereof a Copie was sent us by their N. gr M. having heard likewise the personal plea and answer of the Lord Nanning Keyser of our Citie-Council and late Pensionarie in our Assemblie having been a fellow-member at that time made upon our the said Burgomasters precedent permission instantly and since again upon this daie by reason that on the daie aforesaid there had been three absent with all due modestie unto all and every point thereof comprehended by him in seven with reference to the writen Resolutions taken from time to time in our Assemblie and besides to the proper knowledg of our selvs respectively which both in this our Citie and at the Haghe have seen and heard his advices and directions about the Execution of our Resolutions whereupon when the foresaid Lord Keyser of his own accord withdrew himself out of our Assemblie wee took in his absence such an unanimous Resolution of Thanks to Contentment in and Justification of him as might give sufficient satisfaction to any Nevertheless since it hath pleased the N. gr M. Lords the States of Holland and West Friesland to address their Letters unto Us and other Members of their N. gr M. Assemblie enquiring whether our Deputies and especially the said Lord Keyser having been one of the six arrested Lords in the known points of Reducements the State of War for the year 1649 with holding of Consents and the Execution thereof hath carried himself according to our Orders and Intention Wee do hereby unanimously declare Yea adding moreover That both in these and other affairs of the Land hee hath made unto Us sincere faithful and pertinent reports as well in writing as by word of mouth opening the points in Question and the Considerations of the respective Members laying the matters naked before our eies without any malignancie ill-affectedness or passion and fitting his advice accordingly to his best knowledg as an honest fellow-member would or could do That likewise hee shewed much sorrow by reason of the discord or misunderstanding arisen among the
the foresaid Deputies at Vtrecht the Deputies of the common Nobilitie of the Quarter of Nymeghen together with those of the Citie of Nymeghen and declared that having perused the Points and Articles of the said Union and what hath further been transacted by virtue thereof they found it good and thereupon by virtue of their Instruction sealed with the privie Seal of the Citie of Nymeghen and dated Febr. 12. 1579. have solemnly allow'd approved and ratified do allow by these promising like to the other Confederates to keep observ and follow the same and every point thereof in particular In witness whereof the foresaid Deputies of the common Nobilitie and Citie of the Quarter of Nymeghen have set their hands to it the daie month and year as above and was signed Gelis Pick Jan Kelfken Arent van Zeller Dirck Fleming Lambert Janssz Johan van de Have This daie March 5. there appeared in the Assemblie of the foresaid Deputies at Vtrecht the Deputies of the common Nobilitie chief and lesser Cities of the Quarter of Arnhim and declared That having perused the Points and Articles of the foresaid Union and what hath further been transacted by virtue thereof they found it good and thereupon by virtue of their Letters of Credence dated 18. and a certain Instruction dated Febr. 16. 79. both sealed with the privie Seal of the Citie of Arnheim after long and mature Deliberation have solemnly allowed approoved and ratified the same do allow by these promising in qualitie as before that like to the other Confederates they will keep observ and follow the same and every point thereof in particular In witness whereof the foresaid Deputies of the common Nobilitie the chief and lesser Cities of the Quarter of Arnheim have set their hands to it the daie month and year as above and was signed Alexander Bentinck This daie March 23. there appeared in the Assemblie of the foresaid Deputies of the United Provinces at Vtrecht the Deputies of the Cities of Lewarden Sneck Franeker and of certain Bailifs and Baily-ships with som particular Gentlemen of Friesland named in their Procuration and declared That having perused the Points and Articles of the said Vnion and what by virtue thereof hath been further transacted they found it good and thereupon by virtue of their foresaid Procuration dated March 12. 1579. have solemnly allowed approoved and ratified the same do allow approov and ratifie the same by these promising that like to the other Confederates they will keep observ and follow the same and every point thereof in particular In witness whereof the foresaid Deputies of the foresaid Cities Lewarden Sneck Francker and of certain Bailifs and Baily-ships together with som particular Gentlemen of Friesland have set their hands to it the daie month and year as above and was signed B. Idsaerda Jelle Sibesz This daie April 11. 1579. there appeared in the Assemblie of the foresaid Deputies of the United Provinces at Vtrecht the Deputies of the Citie of Venlo viz. Gerard van Lohn Herman de Laet Cornelissen of the Council Jacob Goris Senator and John de Groot as Deputies of the Commonaltie there and declared That having perused the Points and Articles of the foresaid Union and what by virtue thereof hath further been transacted they found it good and thereupon by virtue of their Instruction dated April 3. 1579. have solemnly allowed approoved and ratified the same do allow approove and ratifie the same by these promising that like to the other Confederates they will keep observ and follow the same and every Point thereof in particular In witness whereof the foresaid Deputies of the foresaid Citie of Venlo have set their hands to it the daie month and year aforesaid and was signed Gerard van Lohn Herman de Laet Cornelissen of the Council Jacob Grois John de Groot Forasmuch as his Excellencie ever held it expedient and needful for the Conservation and Maintenance of the common good the Rights and Liberties of the Netherlands to keep and entertain still good friendship unitie and concord among the Provinces of the said Countries the Cities also and particular Members thereof whereby the common Enemie may not onely more effectually by the common power and mutual assistance bee resisted and kept off but likewise bee dispossest and deprived of the means to sow or caus any misunderstanding and discord among the said Provinces Cities and Members thereof by reason of discrepancie in Religion and otherwise Therefore his Excellencie having seen a certain Vnion and Alliance made in Januarie last at Vtrecht between the well-born Lord Count John of Nassaw Lievtenant of the principalitie of Gelders and Countie of Zutphen and likewise those of Holland Zealand Vtrecht and the Frisish Om-lands betwixt the Ems and Lawers had indeed found the said Vnion good and allow'd of it although to the end the same might so much the better and with the more conveniencie and opportunitie bee presented to the Generalitie of the Provinces for to bee received with common consent and concluded into an Universal Peace Unitie and Concord of all these Countries hee hitherto deferr'd and put off the subscribing of the said Union And wheras his High s now together with a great part of the foresaid Provinces which hitherto have declared themselvs that they found it good and convenient such an Vnion should bee framed concluded and entred into for the better administration of the affairs of our common Father-land his Excellencie is likewise pleased now to declare as by these hee doth declare that hee doth accept of and will observ and hereby doth accept and approov of the foresaid Union lately made and concluded at Vtrecht between the foresaid Provinces as beeing assured that the Magistracie and Autoritie of the Arch-Duke is nothing impaired or lessoned thereby and vvhereas also the foresaid United Confederates are to assemble again very shortly further to settle and conclude about all the particular points and Articles of the said Union what may conduce to the more effectual and stedfast Concord of the same his Excellencie therefore further likewise declareth that hee will accept of and conform himself to the same Points and Articles so as by the foresaid Provinces of Gelderland Holland Zeland Vtrecht and others associating themselvs shall bee devised framed concluded and allowed In witness whereof his Excell cie hath underwrit his Name and caused his privie Seal to bee affixed to it in the Patent of the Citie of Antâ—erp May 3. 1579. signed William de Nassaw and lower was writen By permission of his Excell cie signed N. Bruninex This daie Jun. 1. 1579. the Plenipotentiaries of the Cities beeing assembled in the Cloister of the Jacobites at the Land-daie within Lewarden after they had heard the proposition of the Ambassador from the neerer Vnion at Vtrecht and that som of their Plenipotentiaries had been deputed to the said Ambassador more particularly in the name of all the rest to communicate with the said Ambassador and to peruse the
the same Union and do allow the same by these promising like to the other Confederates to keep observ and follow the same and every point thereof In witness whereof the foresaid Deputie of the Citie of Brugge hath set his hand underneath the daie month and year as above signed Guide du Bruecq This daie Febr. 1. 1580. there appeared in the Assemblie of the foresaid Deputies of the neerer United Provinces assembled in Vtrecht Yoncker Woulter van der Hecken of Council to the Land of the Vryen who declared that having perused the Points and Articles of the foresaid Vnion and that which by virtue thereof hath further been transacted hee found it good and hath thereupon over the approbation alreadie made at Antwerp Novemb. 26. 1579. by M. Ysnebrand Provyn Pensioner of the foresaid land of de Vryn by virtue of his sealed procuration dated Octob. 17. before now by virtue of his procuration dated the 23. of Januarie and Letters of Credence dated the 25. of the same month of this present year solemnly allowed approoved prooved and ratified doth allow approov and ratifie the same Union by these promising like the other Confederates to keep observ and follow the same and every point thereof in particular In witness whereof the foresaid Deputie of the said Land of de Vryn set his hand underneath here the daie month and year as above signed Woulter van der Hecken NOTABLE REVOLUTIONS OR A Relation of what happened in the UNITED PROVINCES of the Netherlands in the years 1650 and 1651 somwhat before and after the death of the late Prince of ORANGE IMmediately after the promulgation of the Peace made at Munster the Lords of Holland busied themselvs earnestly and seriously about reducing of their publick charges and expences with intent to extinguish the Generalship of Hors suffering nevertheless his Highness to enjoie an equivalence som other waie to change the Entertainment of Field-Marshal from 700 â—lor in 32 daies to a life pension of 3000 â—lor per an to continue the Charge of the Artillerie without any particular Entertainment to alter the Lievtenant General of Hors his present Entertainment into a Life-pension of 2000 flor that of Commissâ—rie General for the Hors into a Life-pension of 600 flor per an to the Sergeant Major General 1200 flor to the Quartermaster-General of the Camp 500 flor to the Quartermaster-General of Hors a Life-pension of 500 flor to the Seven Geâ—â—nors of Hartoghen Bosch Mastricht Breda Berghen ap Zoom Sluys Hulst and Willemstadt the continuance of the Title of Honor but no Entertainment To all the Colonels of the Infantrie there beeing thirtie of them in number to allow a life-pension of 800 flor per ann and that their respective charges should com to bee void by their deceas and all Lievtenant Colonels Sergeant-Majors Quarter-Masters and Marshals of Regiments should bee cashier'd To discharge all the Muster-masters 15 in number and so likewise divers other and lesser charges that so in time the State might bee inabled by the Peace to discharge the Debts contracted by War This business by reason of its weight advancing but slowly was re-assumed again in the Spring of 1650. and especially did Holland press much the disbanding of 105 Foot-Companies Foreiners together with half the Cavalrie besides several other points projected and debated a good while before They writ in behalf of these matters to all the Provinces and represented to the Generalitie whatsoëver might perswade the undertaking of the Work among the rest That their Provincial Debts were so great that though they should get their whole project of reducing charges effected and had all their means and Revenues continued still in the same state they now were in nevertheless they could not but remain every year a whole Million in arrears and were much destitute of expedients how to get out of debts at length But the rest of the Provinces returned unanimously advice that there ought no more forces yet to bee cashiered then 55 Foot-Companies and 20 of Hors allowing the cashiered Officers an honest pension or entertainment during life and to the Colonels each 1000 Rix-dollers per an Upon the 21 and 22 of Januarie those of Holland urged their affairs strongly at the Assembly but were by the rest of the Provinces by the Prince Count William and the Council of State beeing present there at every time mainly opposed they mainteining That whiles France Spain Sweden Germanie were in arms it was not fit to disarm here so as Holland sought it That so many gallant Captains and Officers as had hazarded their lives for the Land ought not to bee so ill requited That it was against the Union for Holland to persist alone thus to disband and cashier the common Forces Som also upbraided Holland that they had not managed their Treasure well and thereby run into such arrears Whereupon Holland remonstrated That for all this cashiering there would remain men enough in service still for said they To what end shall wee entertain Garrisons at Delf Rotterdam Goude Dort Schoonhoven Schiedam and other In-land Towns as likewise at Utrecht Campen Deventer Swoll Arnbeim Reenen Nymeghen in the Triesish Towns and Groninghen That it was against the Union to charge any Province against their will and beyond their abilitie That many years ago they had longed to see a more equal proportion of raising means and that many sendings had past from them into the Provinces to that purpose but all in vain That they of Friesland had alreadie reduced and saved 600000 flor yearly means and that the same Province was now advantaged neer upon 200000 flor yearly besides whereby it was evident that Holland was too highly charged and much over-rated In March there arrived a very great extraordinarie Committee out of Zealand principally about the matter of Reduction who mainteined at first there ought none to bee cashiered at all Wherein they had their particular Considerations namely that they with their Province were placed in the Van or Front that the Spanish shewed themselvs most implacable against them Som also of the chiefest there sought at that time to ingratiate themselvs with the Prince thereby to advance their particular interest and greediness Nevertheless within a short time after they conformed themselvs to the other five Provinces About middle March the French English and Scottish Officers presented their Requests remonstrating their old long and faithful services and that they ought not to bee cashiered more or sooner then the Natives The advice of the Prince thereupon was that the disbanding ought to bee proportioned equally between the one and the other as well the Native as the Foreiner The second of April the Lords Bronckhorst Vett Renswoud Andeé Mulart Gronginghen and the Omlands beeing absent were deputed and sent from the Generalitie into the Assembly of Holland where by a speech of the Lord Bronckhorst there was endeavoured and propounded whatsoêver might any way conduce to make the Lords of Holland
NOTABLE REVOLUTIONS BEEING A TRUE RELATION Of what hap'ned in the United Provinces OF THE NETHERLANDS In the years MDCL and MDCLI Somwhat before and after the Death of the late Prince of ORANGE According to the Dutch Copie collected and published at the Haghe 1652. By LION AITZEMA Concordiâ Res Parvae Crescunt Discordiâ Magnae Dilabuntur Tunc Tua Res agitur Paries cùm Proximus ardet The Principal matters handled herein you shall have in a Table at the end of the Book LONDON Printed by William Du-gard by the Appointment of the Council of State Anno 1653. THE AUTHOR to his READER THe Aim and Drift of publishing this Book is no other then that which those of the present Government here of late professed themselvs see pag. 281. namely to shew and manifest before all the World how regularly and orderly certain principal Charges were supplied when as by their Vacancie hap'ned in the year 1650 the Lion with his bundle of Arrows that is to saie the United power of these Countries seemed heart-broken The ensued Recoverie thereof by an Vnanimous Resolution shewing plainly That Republicks die not The particulars treated here relate much to the Everlasting League and Confederacie made between the Provinces in the year 1â—79 commonly called The Union of Utrecht which therefore shall bee premised to the Work in lieu of a Preface There were sundry Explanations made lately in the Grand Assemblie upon the said Vnion and som Extensions also as will appear in the handling But there was no nearer or streighterVnion made between the Provinces as som abusively held forth in Print and would have made the world believ Farewel The Transaction of the UNION Everlasting League and Agreement between the Countries Provinces Cities and Members thereof hereafter specified decreed at Utrecht and published from the Town-hous there Januarie 29 in the year M. D. LXXIX IT beeing manifest that since the Pacification made at Ghent whereby all the Provinces of these Netherlands stood sufficiently engaged to assist one another with life and goods for the expelling of the Spaniards and other forrein Nations together with their adherents The said Spaniards have with Don John d' Austria and other their Chieftains and Commanders endeavored since by all means and dayly seek to subdue the said Provinces aswell in general as each one apart under their Tyrannical Government and slaverie and both by force of Arms and subtile practices to divide and disjoint the said Provinces and thereby to undo and subvert the Union made between them by the Pacification aforesaid to the utter ruine and destruction of the Foresaid Countries and Provinces in prosecution of which obstinate persisting in their foresaid pernicious design they lately again sollicited som towns and Quarters by soothing letters and others viz. in Gelderland they set upon and surprised by force of Arms. Therefore those of the Principalitie of Ghelders and Countie of Zutphen those of the Earldom's and Countries of Holland Zealand Vtrecht and Frizish Omlands betwixt the Em. and Lawers have found it expedient to enter into a nearer and streighter Vnion and alliance among themselvs not with any intent to separate themselvs from the above-mentioned general Union made by the Pacification of Ghent but rather for the further strenghtning of the same and the better securing of themselvs against all manner of inconveniences whereinto they might bee driven by the feveral practices designs or forcible attemts of their Enemies That the said Provinces might know how and in what manner to carry themselvs for to bee protected and secured against the prevalencie of their Enimie as also for the eschewing of further separations among the foresaid Provinces and particular members thereof the foresaid general Vnion and Pacification at Ghent remaining otherwise in its full vigor In pursuance of the Premisses the Deputies of the foresaid Provinces fully instructed and autorized by their respective principals have agreed and resolved upon the points and articles here ensuing without any purpose nevertheless of withdrawing themselvs hereby from or out of the holy Roman Empire And I. that the foresaid Provinces shall allie confederate and unite themselvs together as by these they do allie confederate and unite themselvs for ever remaining joined together in every regard and manner as if they were all of them but one Province without ever separating or suffering themselvs to bee separated one from another by any Testament-wills Codicils Donation Cession Permutation Sale treatie of peace Marriage or for any caus whatsoever without nevertheless infringing or impairing any of their particular Privileges Freedoms Exemtions Rights Statutes laudable antient customs and observances or any other immunities of any Provinces particular Cities members and inhabitants thereof wherein they shall not onely not hinder disturb or prejudice one another but every one shall by all convenient and possible means yea if need bee with both life and goods help to maintain support and strengthen defend and protect the other therein against all and every one whoever hee bee and however qualified that shall go actually about to prejudice or infringe any of them Provided that the Questions and Debates which any of the said Provinces the Members or Cities belonging to this Union either now hath or for the future may chance to have amongst themselvs touching their own peculiar privileges Freedoms Exemtions Rights Statutes laudable antient customs and observances or any other Immunities the same shall bee decided and determined by the ordinarie Court of Justice arbitration or friendly Agreement without the intermedling of any other Countrie or Province Cities or Members thereof as long as both the interessed disputing parties shall submit to their proper Judges unless it were by interceding for a good accord 2. That the foresaid Provinces shall bee bound in conformitie and for performance of the said League and Union to assist one another with Bodie Goods and Blood against any Force and violence that shall bee attemted against them by any in the name of the King of Spain or in his behalf or under pretence of either whether it bee by reason of the treatie of peace made at Ghent for taking up armes against Don John of Austria receiving of Arch-Duke Matthias for their Governor or any matter relating thereunto depending or ensuing upon it or like to ensue though it were under color onely of reestablishing restoring or introducing of the Roman Catholick Religion by force of arms or for any innovations or alterations hapned within any of the foresaid Provinces Cities or Members of the same since the year 1558 or also because of this present Union and Confederacie or upon any other such like ground and this as well in case the said force and violence shall bee used against any one of the said Provinces Cities or Members thereof apart or against them all in general 3. That the said Provinces shall bee bound likewise in the self same manner to assist and help to defend one another against all forrein and
been past by in silence so as their W. W. endeavored on their parts by their Deputies to have disposed his High s and to give all possible content Nevertheless they do now finde themselvs urged by necessitie in their own defence and justification to present and lay before your Noble gr mi. the ensuing answer the rather also for that the foresaid Proposition hath been spread abroad and divulged in print to our great prejudice beeing confident it shall plainly bee made to appear their WW had no design in what hath past but together with the maintenance of the lawful order of Government and the Rights of this Province and their own Citie to yield all due respect and honor to his Highness Thus then the matter standeth That the said Burgomasters and the 36 in Council having been a long while waiting for the fruitful issue of the Deliberation which held your No. gr mi. busie so much time viz. about the state of War coming to see at last the Resolution taken by your No. gr mi. June 4 o last past and the Orders issued for conformitie thereunto viz to leav unpaid and to hold for discharged and cashiered som Companies of the Repartition or Allotment of Holland Their WW rested confident the other Provinces and their Deputies at the Generalitie would duly have acknowledged the lawful power of your No. gr Mi. in that behalf together with those pregnant and pressing motives which had moved and sufficiently constrained you to take that Resolution at last and thereupon would have left you uncontrouled in the effecting of what you had resolved But contrarie to all exspectation their WW were advertised that after the parting of your No. Gr. Mi. Assemblie the said honorable Deputies of the Provinces at the Generalitie undertook upon Whitsundaie June 5 o without any more ado to Countermand your No. Gr. Mi. Order by Letters to the respective Commanders Captains and Sollicitors tnd to resolv upon a very Solemn Deputation to all the Cities and Members of Holland for to dissuade them by all conceivable arguments from conforming to your No. Gr. Mi. Resolution aforesaid and that his High s the Prince of Orange should in person help to sute and adorn the said Commission together with som of the Lords of the Generalitie and others of the Council of State with a very prejudicial autorization of his Highness in regard of the Province of Holland the Cities and members thereof Also that his High s and the rest of that Commission were already parted from the Haghe to the purpose aforesaid notwithstanding that the present Deputies of your No. Gr. Mi. at the Generalitie had solemnly desired there beforehand June 7 o that the said Sending beeing an Innovation beside all accustomed order of Government which could promiss no good issue might bee superseded or but suspended with offer that the Provincial Assemblie should bee convocated with all possible expedition to the end that the matters intended to bee propounded to the particular Cities and Members of Holland might bee communicated there unto their Representatives The great weight and concernment of all which hath made the Burgomasters judg it necessarie timely to deliberate hereupon with the Citie-Council and to this end at a solemn Meeting appointed June 10 it was unanimously agreed that the foresaid Sending of their Hi. Mi to the Cities and Members of Holland in particular especially in a matter concerning a Provincial Deliberation and point blank against the Resolution thereof could not bee admitted nor received to Audience and thereupon concluded to dispatch forthwith Commissioners to meet his said Highness and from the Citie to acquaint him that his High s Princely person and the other Commissioners with him beeing in no other qualitie then Deputies from their Hi. Mi. they could not bee admitted to Audience in the Citie 's Council nor so much as to com into the Citie And without judging it needful to deduce here at length the reasons which moved their W W to this they shall onely refer themselvs touching the fitness and unfitness together with the troublesom Consequences of the foresaid Sending to what formerly in the year 1639 upon like occasion howbeit of less importance in regard his Highness was not personally join'd in Commission but onely som Holland-Gentlemen who made themselvs liable to answer it to their Principals hath amplie been deduced and presented to your N. G. M. from and in behalf of the Government of this Citie according to the Copie hereunto annexed and unto that likewise which by the Committee members of your N. G. M. conformably thereunto hath by waie of advice been presented about the subject in hand in particular Consisting in this That by your N. G. M. Resolution the said Sending and dependance is to bee disapproved as beeing past Example and against the order and form of Government as also that it bee resolved The Cities of this Province should henceforward neither offer nor admit any such Sending within their Bounds furthermore that this disapprooving Resolution should bee made known from your N. G. M. to the Generalitie and registred there that hereafter no such Sending should bee more admitted by the Cities of this Province and that therefore it should bee seriously urged to the said Generalitie they would take heed of laying a ground hereafter for any such Sending or of undertaking and acting the same for reasons to bee further shewed and lastly to write seriously to all the Provinces and to give them a particular account of the reasons and motives wherefore the foresaid Sending was disapproved by their N. G. M. See the foresaid Advice a little before And forasmuch as the Burgomasters and Council of Amsterdam were sorrie and wondered much to see that his High s suffered himself by such to whom it no waies belong's to bee entangled in the accepting of this Commission and perceived that they could no less disacknowledg his High s himself then the rest in Commission with him Their W W. out of respect to his said High s and to sever him if it were possible from his received Commission and to prevent a Refusal of the Audience found good to send to his High s and to let him know the foresaid Resolution with deduction of the pregnant Reasons which mooved the said Burgomasters and Council to take the same and consequently seriously to desire his High s that bee would bee pleased to break off his intended journie in regard that hee and the rest in Commission with him could not bee received into the Council nor Cittie of Amsterdam in qualitie of that Commission Which message with other offices beeing performed by the Burgomasters Waveren and Hasselaër in the Citie of Gorcum they had thanks given them at their return Now the same beeing construed by his High s as if the intention of Burgomasters and Council had been simply not to admit his Princely person into their Citie no not in consideration of his Dignitie of Stadholder of the Province
High s for to repair into the Hagh and there to deliberate and resolv with the Government about and upon such means and waies whereby the present distempers may bee allay'd and that his High s besides bee most seriously desired to avoid all acts of hostilitie and to let the Commerce of the Citie of Amsterdam have its free Cours still without molestation And the Lords of Holland likewise took upon them and declared that they would also send peculiar Commissionerâ— from their Bodie to dispoâ—e his Highness to the end aforesaid and most seriously desire the Lords of Amsterdam to send their Deputies hither without delaie to help together with the rest of the Members of Holland to deliberate and resolv about the present perplexities of affairs so as might make most for the service of the Countrie and that they would forbear all attempts of letting in the water and â—he like and the Lords of Holland were desired in the mean time so to prepare and fit matters that the instant Deliberations might not bee frustrated of a happie issue From the Generalitie there were appointed Commissioners the Lords van Aertsberghen Paets Reinswoude Ofinga Mulert The Ordinarie Deputies of the province of Zealand declared upon the Conclusion that having formerly their turn made known that they were not instructed to advise about the point of Cashiering and reducing as neither their Hi. Mi. known Resolution of Jun. 5. last past without the Counsel and Assistance of the Extraordinarie Deputies of their said Province whom they understood to bee alreadie particularly autorized and impowred thereunto by a Provincial Resolution That nevertheless considering the present perplexities of affairs and the joint agreement of the Advice of the other Provinces they were not minded to hinder the progress of the foresaid Commission in any kinde desiring onely that in this case the present Members of Holland would bee pleased in the interim so to dispose matters that at the arrival of his High s there may bee taken and settled such a good and wholsom Resolution as may bee to the satisfaction and content of all the Members of the Union in this behalf The Lord of Beverweert was com expressly from the Leaguer on Munday to observ and manage what might bee resolved at the Generalitie and it appeared that this their Hi. Mi. Resolution would bee acceptable enough to his Highness as whereby in case the Accord with Amsterdam should not succeed hee might nevertheless return with Reputation and therefore immediately after the foresaid Resolution the Lord of Beverweert return'd per post towards Amsterdam to make report thereof unto the Prince In the mean time the Treatie betwixt his Highness and the Citie advanced those of Amsterdam considered that for all their former desire none of the other Cities appear'd that those of Haerlem the next and mightiest left her Gates open for the Princes men supplied the Leaguer with all manner of provisions and took no partie That those of Leyden furnished the Leaguer with all sorts of Shovels Spades and such like materials That the cutting of the Dykes and opening of the â—luces would bring an irreparable damage unto Holland and that by protraction of the Siege besides the blood that might bee spilt their Trade and Commerce would bee exceedingly disadvantaged by reason of all which they held it best to wink a little The Prince to shew that hee intended no harm to Amsterdam but onely against som ill-affected ones excepted onely the two Bickers Burgomasters as knowing well that by reason of their great autoritie and respect they were as it commonly happen's in popular Governments much hated and envied by many So it stood onely at last upon this point that these two should bee removed from the Government All the rest judged this might prove of very evil consequence by Hodie mihi cras tibi To daie the case is mine to morrow it may bee thine Notwithstanding becaus the said Bickers themselvs shewed themselvs willing and readie for it having no desire that the Bodie of the Citie should suffer any thing for their particular interests sake that point was likewise yielded unto And as touching the consent of accepting the Proposition of July 15. the same was in like manner for peace sake condescended unto and as for admitting his Highness into the Council they would shew no further refusal Thus August 3. about noon all things were accommodated and in the evening ratified and signed as followeth Agreement made betwixt his Highness on the one side and the Lords Burgomasters and XXXVI of the Council of the Citie of Amsterdam by their respective plenarie Commissioners according to the Procuration annext here WEe Burgomasters and XXXVI of the Council of the Citie of Amsterdam do declare that by these wee have commissionated authorized and with full power enabled the Lords Cornelis de Graef Baron of Zuyd-Pol-brock old Burgomaster Symon vander-Doos and D r Nicolas Tulp Counsellors and old Scabins together with M r Peter Cloeck Counsellor of this Citie in Our name and behalf to enter into Treatie with his Highness the Prince of Orange touching the Differences arisen betwixt his said Highness and this Citie to debate that matter with his Highness and to agree and conclude so as our said Commissioners shall finde good and expedient promising to hold for acceptable and to ratifie whatsoever our foresaid Commissioners shall act treat and conclude in this behalf under all Obligations of Right In witness whereof wee have here underneath affixed the Seal of the foresaid Citie August 2. 1650. signed Gerard Hulst with the Seal of green Wax That the Lords of Amsterdam shall resolv to conform themselvs with the six other Provinces touching the State of War That his Highness will bee pleased to endeavor to procure that the State of War may bee adjusted to the platform and project of his Highness and the Council of State made for the accommodation of the United Provinces and that nevertheless and in the mean time the present State of War shall bee followed jointly by all the Provinces until the foresaid State bee accomplished and settled by the Consent of the Provinces and in case of delaie thereof so long as the War shall last betwixt France and Spain and that at the longest for 3 or 4 years in hope that by that time the said War shall bee composed and in case it bee not that then things shall bee disposed according to the constitution of the times and to most advantage of the State following the Order of Government And that there shall bee likewise Resolution brought in that the Companies discharged by the States of Holland may bee paid for their arrears and good Order taken for good paiment of the Souldierie in time to com That his High s disposed to com into the Citie shall bee received there like his Predecessors Stadtholders of Holland with all honor respect and obsequiousness and if hee think good to appear in the Citie Council that his
High s shall alwaies have Audience granted him in that Qualitie That the Lords of Amsterdam shall moreover emploie all good and possible Devoirs at the Assemblie of the States of Holland that all Disgusts may wholly bee taken away and things bee reduced to a firm and assured friendship and confidence and all what hath past bee put in oblivion as if it had never happened To which end they shall further debate and communicate with his High s about the prosecution As soon as this Contract shall bee completed and signed on both sides his High s undertake's to dismiss the present Forces into their old Garrisons and the Citie in like manner to cashier their levied men and to resettle every thing in their Citie into the old posture Promiss beeing made on either side faithfully and without any guile or fraud to perform and keep this Contract or Treatie in all parts thereof Don at Amsterveen this 3 d of August 1650. and hereof there were two several Acts made of like tenour signed by both parties and one delivered to each Signed G. P. d' Orange and his Highness Signet affixed in red Wax And besides C. de Graef Simon Vander Doos Niclaes Tulp Petrus Cloeck TsTs The Burgomasters and XXXVI of the Council of Amstetredam do approve and ratifie the above-written Contract or Treatie betwixt his Highness on the one side and their specially thereto enabled Commissioners on the other concluded at Amsterveen August 30 1650. In Witness whereof this is subscribed by one of the Secretaries and the Seal of our Citie affixed underneath August 3. 1650. Signed Gerard Hulst the said Seal beeing expressed in green Wax A separate Article of the Accommodation Aug. 3. 1650. betwixt his Highness and the Citie of Amsterdam THat his High s doth judg it expedient for the Service of the Land according to the present constitution of Affairs that the Lord Andrew and Cornelius Bickers the one old the other present Burgomaster without any prejudice to the honor and good name of either of them and without any trouble or molestation of their persons and goods whereof his High s doth assure them do withdraw themselvs from all further Government of the Citie without being to bee called again unto it His High s remaining ready nevertheless to hear them in person and having heard them if his Highn s should not alter his former apprehension and judgment they shall freely resign their foresaid Government as before and from this present abstein from all publick functions In witness whereof this is signed and confirmed on both sides in pursuance of the Contract or Transaction made betwixt his High s and the Commissioners of the Citie this day at Amsterveen August 3. 1650. Signed G. P. d'Orange with the Seal of his High s Signet in red Wax and further C. de Graef Simon van der Doos Niclaes Tulp Petrus Cloeck Ts. Ts. The Burgomasters and XXXVI of the Council of the Citie of Amsterdam do approve and ratifie the above-written separat Article of Agreement betwixt his High s on the one side and their specially enabled Commissioners on the other side concluded at Amsterveen In witness whereof this is subscribed c. as before Amsterdam beeing the richest the mightiest and most considerable Member of Holland failing and yielding thus it became a powerful example and inducement to all the rest and many blamed them exceedingly saying They should have timely considered before whether they had the power or the courage to stand to what they principally had so long and eagerly professed and pressed Now it appeared that they wanted either or both that they had don very ill to shew so much aversness to so little purpose There beeing now by this Extremitie a new pattern given to his High s and the Generalitie which will serv them hereafter for a Rule to proceed by when Holland shall fall again into a fit of Reluctancie that now there will bee little caus left to glorie of the freedom of the Land or the States But they of Amsterdam thought they did best as they did and like a ship upon Ancre in a tempest were glad to strike and give rope till they might recover a better time and opportunitie for they continued in affection the very same they were before The Commissioners of their Hi. Mi. arriving at Amsterveen on Wednesdaie-Eve found all transacted and were all of them together with those of Amsterdam entertained by his Highness at Supper where among other Discourses those of Amsterdam saying they should have had the Element of water for their advantage the Prince replied And I should have made use of the Element of fire against it they of Delft having upon order from the Council of State furnished store of Ammunition Ordnance Granadoes Morter-pieces c. which past away thus with smiles and laughing but the earnest surpassed the jest in the reflection Next morning early his Highness parted from thence and arrived in the Haghe about noon and the Forces were all reconducted to their Quarters The six apprehended Lords were carried away from the Court Sunday the 31 of Julie in two Coaches three and three in a Coach and in each three souldiers besides 25 horsmen before so many in the midst and as many after together with 50 musketiers They past along by the Veenen Woerden and Ysselstein to avoid the Cities and next evening were brought unto the Hous of Loeuvestein They good men thought to have stood it out stoutly persuading themselvs the States and Cities would have stuck to their Resolutions But perceiving they accommodated themselvs all one after another to the Proposition of Julie 15 o and abandoned all their own caus they saw well enough none of them would take up the Buckler in their behalf and that the Case of the Bickers must bee their Rule The Lord Duyst van Voorhout a man of 69 who according to the Custom in Delft was within one year to quit all Emploiment in cours and beeing of a crazie constitution and rich withall having but one childe hee was the first that sought and offered to get free upon that account Above it was said that his Highness had made promiss to present the points of the Charge and Reasons of apprehending the six Gentlemen The same hee caused to bee delivered under his hand and Seal to the Assemblie Provincial of Holland The substance was general That they had don against the Union and therefore were liable to punishment according to the 23 d Article That his High s thought good to cull out these few and to put them out of the Government for the perservation of the whole State as in a case of a great fire som houses next the Embrasement are pull'd down to save the whole street or Citie and at last hee said hee had besides som particular matters of Charge against every one which hee reserved for another opportunitie Those that knew the contents of this so general and weak a Charge did
Audience in the Assemblie of the States of Holland there passing abundance of Complements and shews of much affection and friendship with readiness of contributing whatsoeÌ„ver might tend and conduce to the maintenance of the everlasting Union and faithful correspondence one with another Therefore did they of Holland in Bodie or one of every Member the Lord van Opdam still beeing the chief for that the Lord Beverweert first nominated for that purpose had excused himself meet with these of Zealand making an Assemblie together apart at the New Doel where they had sevâ—ral Conferences They of Zealand spake in the beginning of the young Prince that special regard ought to bee had of him and at the least hee might bee nominated Stadt-holder and have a Lievtenant join'd to him in which particular the Princesses also both Mother and Grandmother took much pains both personally and by theiâ— well affected friends and dependants But Holland replied it was too too soon and uncertain what hee might grow and bee brought up to Possibly indeed hee might prove a good and fit Prince but hee might likewise as â—asily â—iscarrie As som of late reported of the present Queen of Sweden beeing wished to marrie that shee answered her States J hold it better to design you a Successor that is fit alreadie and known to bee a good Prince then to marrie for â— may as easilie bring forth a Nero as an Augustus and so might this young Prince of Orange as easily bee bred to follow the exorbitant footsteps of his Father Prince William such as hee made last Summer against the Citie of Amsterdam and the Assemblie of the States of Holland and Prince Maurice before him in the year eighteen as other Qualities and Virtues of his Predecessors That likewise the appointing of a Lievtenant or Deputie Stadt-holder might prove dangerous as well for the young Prince himself as for the State for the same might during the Princes Minoritie so settle and establish himself that neither the Prince full grown nor the State should bee able afterwards to make him resign and give up the place And the young Prince besides having now such an honor conferred upon him would never con the States any thanks for it but rather grow up in an opinion that hee had it by inheritance and that hee could not bee past by Whereunto came further the secret considerations of his near and great Alliances with France Spain England and Denmark join'd with his gâ—eat and mightie possessions in the Land it self making him formidable to the State that these were dangerous Entertainments for a Republick and no sure means of maintaining Libertie The Ostracismus and Petalismus were used in the Grecian Republicks against fellow-Citizens if they grew once too potent in autoritie the same was much more to take place against a Prince whose Father and predecesâ—or evidently shewed that under the Name of Governor they levell'd at the Soveraigntie which yet in effect as well for Autoritie and Direction both of State and Militia they enjoyed alreadie more absolutely and powerfully then the Souveraigns of the Land had don before Those of Geldâ—rland and Utrecht came likewise in the later end of December and were welcom'd and complemented in like sort by them of Holland as the Zealanders were before Those of Friesland of Groninghen and the Omlands arrived in Januarie and though they of Over Yssel had first onely autorized their Ordinarie Deputies yet they sent Extraordinarie after viz. those of Zealand Twent and Vollenhove as many of the Gentrie as would go at their own charges and from Deventer two of the Magistrates there from Campen came onely their Ordinarie Commissioner from Swoll no bodie by reason of their instant Election They of Holland saluted and welcom'd them all in particular and held particular and preparatorie Conferences with all respectively for to impart to and receiv back from them their particular inclinations and considerations upon the three main points that were to bee treated of in the Grand Assemblie The States of Holland finding the Chamber of the Ordinarie Assemblie was not large enough for the Number of this Extraordinarie meeting of all the Provinces they caused the great Hall of the Court of Holland to bee fitted for their Session remooving all the Booksellers and other shops quite thence and setting up convenient seats and benches on both sides rising up by degrees one behinde the other in manner of an Amphitheatre to place the Provinces in their Order and each according to the number of their Commissioners apart by themselvs Between both sides there was a prettie space left and in the midst thereof a square long Table placed at the upper end whereof was to sit the President and right over against him at the other end the Secretarie The Walls Benches and Table were all hung with green cloath to shevv the State vvas not in mourning And becaus the talk vvent that Holland intended by this opportunitie in favor of Spain to remove and take avvay out of the said great Hall all the Colors Cornets Standarts and Flags formerly taken from the Spaniards both by Sea and Land and hung up there in abundance they contrarily caused them all to bee vvell brushed over and made more conspicuous adding many more that never vvere there before but kept elswhere hitherto that it made a very gallant shew Wednesday Januarie 18 o. the Session began and the Lords of Friesland in their turn sitting President having made the Introduction with convenient terms of welcoming this Grand Assemblie and praying God to assist and bless their Consultations they desired the Lords of Holland to make Overture of the chiefest points for which they had desired this solemn meeting Whereupon the Lord Cats by word of mouth made this ensuing Proposition and delivered it next daie unto the Assemblie in writing High Mightie Lords GOd Almightie bee ever blest and praised that this Grand and Solemn Assemblie may bee kept now in the very place where heretofore the King of Spain was Abjured his Yoke cast off and the Foundations laid of these Countrie 's Libertie whereof the Trophies and Bliss-tokens of Victorie from time to time most graciously bestow'd upon this State by God are waving over every one of our heads here This same God now let us pray unto from the bottom of our hearts to continue his Governing hand over this State from age to age and more and more to multiplie his Grace and Mercie upon us After that through the incomprehensible Judgments of Almightie God Prince William of Orange of immortal memorie was suddenly and unexspectedly taken away from this world without leaving any issue of his bodie visible however afterwards through God's blessing a young Prince was happily born The State of these United Netherlands was found to bee reduced into such an estate and condition the like it never had been in from their Foundation viz. at that point that there is none left of the Hous of ORANGE fit and
nevertheless that the said Commanders and Majors do not take upon them in the same Cities the keeping of the Keies opening and shutting of the Gates or the giving of the Watch-word but that the same shall remain wholly and solely in the power and hand of the Magistrate of the said respective Cities VII As likewise the Majors shall no further exercise or extend the Militarie Jurisdiction in the said voicing Cities then to neglects and trespasses of Marches and Watches running over to the Enemie deserting their Companie or running away from the one to the other without a Pass besides such other excesses and delinquencies which the Officers and souldiers may commit among themselvs one against another and no further so that in all other matters whether criminal or civil the militarie persons or any souldier shall bee apprehendable triable condemnable and executable by the Civil or Criminal Judg in Ordinarie whose sentence also in matter of Debts and such like upon default of goods moveable or unmoveable shall extend and bee executed upon the wages and paie of the partie condemned according to the cours and order of the Land VIII And as for the Governors in the Towns and places having no Voice in the State as at Sluys Berghen op Zoom Hulst Breda the Bosh Willemstadt Mastricht and Wesel the same shall bee disposed by the United Provinces by and according to the usual Commission IX The Commandries of such places shall bee conferred by the State General X. And the Major-ships by the Council of State provided they bee all fit and qualified persons and of the Reformed Religion who together with all other Officers of war shall regulate themselvs according to the Orders of the Land XI Touching the giving Pattents or Commissions and the placing of Garrisons gathering of Leaguers or sending forth any considerable parties to places and upon occasions where the service of the Countrie require's it the same shall bee and remain still in the disposal of the States General with the advice of the Council of State XII Provided that alwaies where any change of Garrison is to bee made the same bee made known to the Provinces Cities and places where the Companies are to bee sent to or taken forth and there bee timely notice given by Letters unto the Provinces where the same Companies are to march through or make their Randevous that order may bee taken accordingly for such marches or Câ—ups and Leaguerings XIII Provided likewise that the State or Government in the respective Provinces if need require shall have libertie each within their own Province to transfer som Companies with Pattents or Commissions from one place for the succor of another which the Officers of the same Companies shall likewise bee bound to obey provided there bee immediately given advertisement thereof to the Generalitie XIV Moreover that the Companies lying at present in Garrisons any where or beeing laid there hereafter they shall bee tied according to the 7 th Article of the Union to swear to the respective Magistrates of the Cities in terms either already used or to bee new framed and where any Companies shall com to lie forth the Cities in the open Countrie for guarding of the streams or the like Oath shall bee made by them to the chief Officers of the said open Countrie XV. Concerning Secret Correspondencie within and without the Land the same shall bee continued and managed by the States General and Council of State by such persons and in such order as may make most for the service of the Land and bee don most secretly and frugally the needful expences whereof shall bee furnished from the Treasurie by the Receiver General XVI As for the deciding and determining of incident questions differences and mis-understandings it would bee advised that the same arising at any time betwixt the Cities and Members of any Province shall bee composed or decided by the ordinarie Court of Justice there in case their Jurisdiction bee well grounded and Commissioners of the Countrie and in default of competent Jurisdiction by such like Commissioners with assumtion of impartial members of som other Court of Justice XVII If there arise any mis-understandings or Differences betwixt two or more Provinces That then the Province pretending to sustein the wrong shall address themselvs to the Assemblie of the States General who shall forthwith seek to dispose the Province complained against to forbearance or friendlie acommodation and that not succeeding to endeavor that from other disengaged Provinces in the matter Commissioners may bee appointed and sent to take off the Dispute or to pronunce sentence upon it XVIII And in Case Differences and Questions should arise among all the Provinces so that they could com to no agreement among themselvs that then there should bee Judges deputed out of the respective Provinces to bring the Questions aforesaid to an amicable Transaction or els to pass sentence upon and determine the same XIX Expressly provided that in the foresaid Case the whole business shall bee so compendified cleared and instructed from all sides that if it bee possible they may bee brought to an issue and dispatch within the space of one month and that withal the parties shall have libertie to refuse all suspected persons on condition that others bee presently supplied in their rooms XX. And the foresaid Commissioners or Judges shall make Oath respectively that they will have no regard or reflexion to any particular Province or Members but impartially judg and pronounce what in equitie shall bee found to conduce most to the tranquillitie and Unitie of the Provinces which Judgment or Sentence shall bee followed and yielded to without any further Exception or Appeal under whatsoëver pretext to bee offered much less allowed of XXI And if so bee that the Commissioners after 2 or 3 summons made by their Hi. Mi. shall fail of having their past sentence effected their Hi. Mi. shall take requisite care and cours that the said Sentence bee not eluded but really executed XXII And there shall neither before nor after bee used or practised any extremities and Acts of hostilitie or reprisals in or among the Provinces XXIII Concerning Religion That the Resolution of their Hi. Mi. agreed Novemb. 6 o. 1646. might still bee adhered to viz. That throughout all the United Provinces and all the Countries and Cities belonging to or associated with them The true reformed Christian Religion shall continue settled so as the same is preached and taught every where at this present in all the publick Churches of these Countries and as it was elucidated by the National Synod at Dort in the year 1619. That the said Religion moreover shall bee maintained in the respective Provinces apart by the power of the Land without suffering any to introduce any alteration in the same Religion That the Placats or Decrees against the Papists formerly published may remain in their Vigor and both those and such others as shall bee published for the future in that
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
Articles agreed upon among themselvs That the King ought to reduce under his obedience the Cities and open Countrie taken by the Enemies and join them to the Provinces again to which they belonged not suffering in any wise that the contracting Provinces should bee rent or torn asunder at any time the one from the other It is confessed indeed that after the loss of Antwerp in the year 1585. Richard of Merode Lord of Oirschot the Lord van Poderlo van der Werck and van der Menlen Deputies of Braband in the Generalitie taking their leav or farewel from the Ordinarie Assemblie of the States General made this request That the Lords the States would bee pleased to take that care of the remaining Cities of Braband that they might bee dealt with conformably to the Privilege of the said Countrie But those foresaid Deputies beeing swai'd by their particular interest were charged with no such thing by their Principals and therefore could not draw any prejudice thereby upon the Rights of the rest of the Nobilitie Gentrie and Cities of Braband which continued in the Union and afterwards were again reduced under it Whereupon followed that Counsellor Bruyninex beeing appointed by Prince Maurice and the Lords of Lockeren Sonsveld and Tameren did in the years 1586. 1587. 1588. both in their own behalf and that of the other Nobilitie and Gentrie together with the Deputies of the Citie of Berg op Zome seek and solicite as well by writing as word of mouth That without impediment they might govern and administer their State in particular and that in matters touching the Generalitie such as are the consent of Subsidies for war the framing out and collecting of Imposts the appointing of Licences or free passages augmentation of services and the like they may have such a part and cognizance as those of Braband which are under the Generalitie ought to have by virtue of the Common Union Upon which Motions and Desires after several Communications both before Commissioners of the States General and at the Assemblie it self their Hi. Mi. were pleased at last to declare That in this posture and condition of Braband They could not acknowledg or hold them otherwise then their Associates and not as States of Braband And by an Act of that year 1588. Prince Maurice of happie memorie was appointed Captain General over the Cities Forts and Forces in Braband And the Council of State Autorised provisionally to govern and direct all matters regarding the Government of Braband in the Name of the States General in respect of the State of Braband for that time without prejudice to the States of Braband beeing of this side and to the Citie likewise of Berg op Zome with this promiss annexed That in case hereafter there should bee any Treatie set on foot about a General Peace or transportation of the Soveraigntie of the Lands in general then the foresaid Nobilitie and Gentrie of Braband and the Governors of Berg op Zome should bee summoned Which beeing promised them in regard but of one Citie what consideration ought there to have been of the present State of Braband whenas not onely one Capital Citie or Metropolis but other Considerable ones likewise are reunited to the Union which formerly had Writs sent them to com to the Assemblie of the States and accepted of the Union During the above said sollicitation Prince Maurice had in the year 1587. put and autorised som to bee Counsellors of Braband in matters of justice who were to administer the same in several parts and relations till in the year 1591. the States General of the United Provinces instead of a Chancerie and Fief-Court appointed a Council of Braband under this Declaration That having taken into their special Consideration how the Countrie the Nobilitie Gentrie Cities Liberties Villages and other Inhabitants of Braband which remained in the Union of the Netherlands and those which were afterwards reduced or yet might bee through the blessing of God might bee governed in good order policie and Justice They ordained c. without impairing or prejudicing the Privileges and Rights of the Land of Braband and of the Nobilitie Gentrie Cities Liberties Villages and the Inhabitants thereof Afterwards in the year 1600 when by the States General there was introduced at Berg op Zome and Breda a higher raising of the general means and complaint presented thereupon in these Cities behalf shewing That the said Cities for matter of means contributions and the like burthens were not dealt withal according to their old Rights and Privileges of Braband the said States General declared thereupon That they judged the Remonstrants ought as members of the Common Union bear the burthen together with their Neighbors and if thereafter there should bee occasion of any high or new raising of means they should have Writs sent them first to com to the Assemblie of the States General with the same autoritie as they should have in those matters among the States-Assemblie of Braband if the same could bee formed in due maner In this foresaid State and Government did the affairs of Braband remain notwithstanding That their state and condition was much strengthened and enlarged from time to time through the Reduction of the Cities of Breda Steenbergen Grave the Bosch Mastricht c. insomuch That the State of Braband holding it with the United Netherlands consist's at present in six strong and walled Cities besides Mastricht and divers others belonging thereunto and therewithal an exceeding great District of open Countrie full of liberties villages and Habitations resorting under it extending it self to 30 leagues in length and 10 more in breadth and making up the greater half in ground of the whole Dukedom of Braband Before the troubles those of Flanders in the Beden petitionings and contributions were commonly taxed with a third part of the general sum which was asked and granted throroughout all the Netherlands Braband with a fourth part Holland with a fourth part of the rate of Flanders But Braband beeing impoverished by the warr and Holland with the other United Provinces enriched shall the hard fortune that those of Braband were expelled and banished for the common caus their Cities forced taken and plunder'd by the Enemies c. Bee the ground and reason of forfeiting their Libertie From all which resulteth and appeareth sufficiently that the Netherlands though divided and separated the one Province from the other do constitute or make up but one bodie beeing allied together equally atque aequo foedere and so that none of them hath any right of Superioritie or Dominion over the other for confirmation whereof may bee alleged that which Prince William of Orange of happie memorie and the State of Holland and Zealand writing in the year 1573 to the King of Spain do expresly say that the Netherlanders having formerly been under several Lords were afterwards reduced together under one head of the hous of Burgundie allied thereafter with the hous of Austria and at last with
the King of Spain nevertheless alwaies with this express reservation and limitation that the same land and each Province apart should remain and bee maintained in their own peculiar Policie Rights and liberties wherein they had continued from all antiquities so that the one Countrie or Dominion should pretend no Right or Seigniorie over the other to disposess the same in any kinde of it's Rights and liberties but they should bee obliged and engaged each to other in concord and equal Degree By the Union of Utrecht the Countries engaged themselvs together as if they were but one Province namely in that they might not bee separated but wâ—re bound to help and assist one another without inâ—ringing or impairing nevertheless the special and particular Privileges Liberties Exemtions Rights Statutes laudable and well-maintained Customs Uâ—ances and any other peculiar advantages of any one of the Provinces or particular Cities Members and Inhabitants thereof Now where there is such an Union it may well bee questioned whether the one Member ought to exalt it self over the other by reason of his prosperitie and power They make up all but one Bodie to the preservation whereof each Member hath chearfully contributed its part for if one hath afforded more means the other hath protected and defended the Rivers and passages the third hath hazarded his Countrie and lost his Cities with standing it out to the utmost against the Common Enemie The Illuâ—trious Princes of Orange of happie Memories they have contriâ—uted thereunto their wise and couragious direction and Conduct and hazarded their persons lives and estates thereby and thus every one hath brought and contributed somthing of that which was requisiâ—e and necessarie for the forming and framing of the Common State The War never bâ—gan betwixt the Netherlanders but was undertaken by the Netherlanders against the Spaniards This is that the Letter of the Nobilitie Gentrie and Cities of Holland written to the States General of the Provinces assembled at Brussels under Date of Sept. 12 1573 drive's at saying Wee do hope that you shall never bee able to forget the chearful and friendlie faithfulness which in former times wee alwaies did and still do bear one to the other iâ— beeing our dutie before both God and Men and wee for our parts beeing still resolved and ready for it Do but remember it beeing the very truth that wee do not wage War the one against the other for wee never offended one another neither in great nor small concernments but all our strife and War is onely and mâ—erly against the Government of forrein Nations The Confederacie of the Union of the Netherlands is Offensive and Defensive for ever and alwaies against al and every one who or how qualified soëver they may bee that shall attemt actually to infringe the special and particular Privileges of the Countries insomuch that the chiefest condition of the Union among the rest to maintein the Countries in their Rights one of which without all peradventure must bee the Government for the Union was made for their advantage and not for their dammage The King of Spainâ— caused offers to bee made at the Treaties at Breda of Cullen and at all others since That hee would keep and maintein the Countries both in general and in particular in all their Privileges Rights Laws and Customs so as the same had been before the Troubles and if any thing were changed and impaired the same should bee restored beeing made known In prosecution of which ground the States of the United Netherlands have often and at several times summoned the States of the Countries subject to the Spanish Government and among the rest in a certain Letter of theirs dated June 7. 1602 â—used these words Onely wee do still most friendly desire exhort and entreat you seriously to reflect upon the prais-wâ—rthie reputation which you and your forefathers have gotten to themselvs for som hundred of years and left the same to us upon record for a rule that still wee should bee upright Defenders and Protectors of the Rights and Freedoms of the Netherlands in general and of the Countries or Provinces the Members Cities and Inhabitants thereof in particular By waie of distinguishing the Provinces and Cities on this side joined together by a Common Union the Provinces and Cities of the Netherlands beeing under Spain are by this State called the Invaded Countries In the reduction of the Cities of Braband to the Union it was especially conditioned and promised that the Cities and Inhabitants thereof should be mainteined in their Rights Privileges and immunities The States General of the United Netherlands declared but lately by their Letter of March 14 last year to all the Cities of the Union That they had appointed his High s Prince William of Orange Captain and Admiral General over the people of War in service of this State for the maintenance of the Union the Right and Privileges of the Land the members and Cities thereof The States of Holland declared Febr. 19 of the same year concerning the Union That the Provinces are bound to assist one the other with life and goods and to abide together not suffering themselvs to bee divided and if this bee to bee understood of such which desired to bee under the Union and continue to desire the same The Nobilitie Gentrie and Cities of Braband have alwaies desired the same and declare hereby that they are constantly and extremely desirous of it By deputation of the States in the year 1586 Febr. 1. the Earl of Leicester was appointed Governor and Captain General of the United Provinces to wit of Gelderland Zutphen Flanders Holland and Westfriesland Zealand Utrecht Friesland together with their Associates And by the Act of that daie there were put into the hands of the said Earl the General Means of Consumtion or Revenues of Gelderland Flanders and associated Cities of Braband And in pursuance of the foresaid Commission the Earl made Oath to the States of the United Provinces and their Associates and the States reciprocally to the Earl in the name both of their own respective Provinces and the said Associates The States General of the United Provinces do address the Inscription of their Letters for publick Bid and Fasting daies and other things concerning the common affairs and and interest to the Cities of Braband on this side under the name of Associates And divers Cities of the United Provinces in their particular Letters to the Cities of Braband do design themselvs their Confederates Nay The Treatie between France England and the States General concluded ult Octob. 1596. import's expressly That the Ambassadors do in the name and behalf of the King of France and Queen of England and their Successors receiv and associate with the States General of the United Netherlandish Provinces to wit Gelderland and Zutphen Holland and West-Friesland Zealand Utrecht Friesland Over-Yssell Groninghen and Omlands together with the Gentrie Cities and Forts of Brabaâ—d those that were United then with the
the sending of Holland to the Six other Provinces they unanimously testified they had no other resolution and intention then to observ and maintein the foresaid Union holily and indissolubly The States of Braband were the first and chiefest Autors of the Union of Ghendt The nearer Union of Utrecht was signed originally by the Citie of Breda published within the Bosch and embraced by the other Cities of Braband in State's-manner Hereupon is principally grounded the desire of the Lords Gentâ—ie and Cities of Braband who beeing Members of the foresaid Common Union ought to enjoie the effâ—cts thereof and not to be treated contrarie to promisses and subscriptions by their own Confederates By the Tenor of the Union it appeareth that between the Netherlands there was concluded an everlasting firm Peace Covenant and Unitie for the expelling of the Spaniards and their Adherents and to restore the Inhabitants again to their antient Rights Privileges Customs and Liberties so that the aim of the Common Union was the delivering of the Countries and the restoring every one into his Privileges and Rights In all publick Writings those of Braband are termed no otherwise then Associates but by many in their discourses they are against all right and reason term'd Conquered Whereas the word of Conquest and conquering can have no place among Confederates and Associates who are reciprocally engaged one to another according to the Unions Therefore the States did rightly term the Deliverances and Restitutions of the Cities forced from the Union in their Capitulations and otherwise Reductions and not Conquests There must bee a distinction made betwixt Cities and Countries of the Enemies own won from him by War in which case the Laws allow that hee that wageth the war doth get the proprietie of the goods taken and such Cities and Countries as formerly belonged to our Friâ—nds and Associates and were delivered and recovered out of the Enemie's hands they in that case ought to beâ— restored to the first owners Thus in former times were Arras Dornick and other Cities of Arthois Flanders and Luxenbâ—rg recovered from the French and reduced to the State of the Netherlands And thus hath the King of Spain during these Civil Wars restored the Provinces and Cities maâ—tered by him iâ—to their former state and Government In conformitie hereof were likewise the Cities of Zutphen Haerlem Ziericksea Amerâ—ort Deventeâ— Campen and divers others beeing retaken from the Spaniards and their Adherents restored by their Confederates to the usâ— and exercise of their former Rights and Freedoms Nay divers Cities which were forced and compelled to forsake the Spanish partie as Nimmighen Amsterdam Schonhoven Middleburg Goes Tolen Utrecht Groninghen were not therefore held as conquered places in regard that in the foresaid Cities there was a good partie still well-affected to the State who were so long kept under by an ill-affected partie until they were delivered by the Confederates and reduced to the Union Now to shew what the present Braband-Cities of the Union have don for the common good during the Netherlandish troubles and wars both in acting and suffering it will appear by this short ensuing survay First of all the Cities of Berg op Zome and Willemstadt which remained still united to the State of the Union it is sufficiently known to every one how worthily they have ever acquitted themselvs upon all occasions and by all means defensive and offensive against the Common Enemies Those of the Bosch were the first which in the beginning of the troubles shewing their Zeal to the true Reformed Religion by open preaching vigorously opposed themselvs against the Spanish Council and arrested the Chancellor of Braband and Lord of Petersheim coming from the Governess to hinder the same and covertly to bring in som Companies of Souldiers for which caus also they were proscribed by the King by open Proclamation March 18 1567. and block'd up until the Prince of Orange his departure when as the good partie were fain to abandon the Citie and depart the Land as likewise happened generally then throughout all the Netherlands After which time the Citie beeing overmastered the same was continually kept under by force of arms and pittifully handled by the Spaniards Italians and other forrein Nations till in the year 1577. their Confederates rescued the Citie from the High Dutch In the year 1576. the foresaid Citie signed and sealed the Pacification of Ghendt In the year 1578. shee swore to the peace of Religion and in the year 1579. embraced and published the Union made at Utrecht For the maintenance whereof the good partie within that Citie adventured life and goods laboring continually how they might bee supported by the Confederates with men and ammunition according as they had offerd and promised them by the Deputies within a little while after the foresaid publication and the whole Government of that Citie had thankfully accepeted of it with protestation they were resolved never to separate from the Generalitie whereunto they were engaged and confederated by solemn Vow and Oath But when the Confederates afterwards contrarie to the foresaid presentation foreslowed the sending of succor and the Prince of Parma after the subduing of Mastricht drawing neer to the said Citie of the Bosch caused the same to bee summoned to surrender then the good partie unable to make resistance both to the ill-affected within with whom they had strugling enough before to bring them to som communitie and to the puissant Leaguer of the foresaid Prince of Parma without was constrained to abandon the Citie with all their families som thousands of them and to leav all their welfare behinde Which Citie beeing afterwards reduced again to the Union by the arms of the Confederates in the year 1629. it ought likewise to bee restored to their antient Rights and Privileges As for the faithful services of the Citie of Breda for the Common Libertie there is much of it upon publick Record in the Netherlandish Histories For a taste whereof wee shall onely touch here That the Companie of the withdrawing partie from Breda did many notable services against the Spaniards before Berghen in Heinout Harlem vvithin Zirick-Sen and elswhere The inland wars lighted more heavie and smart upon this Citie then any of the Netherlands besides For beeing taken into Confiscation by Duke D' Alva in the year 1568. it was thereafter most extremely overburthened with heavie Garrisons both hors and foot until the Citie was beleaguered and delivered again by the Earl of Hohenloe in the year 1577. Afterwards Jun. 28. 1581. the Citie beeing bare of Garrison was surprized again by the Spaniards through the Castle by force of arms and barbarously plundred notwithstanding the manful resistance made by the Citizens and especially by the young men of the Citie who were most of them slain in the Defens thereof In the year 1590. the 4 th of March the Castle was surprized again by Prince Maurice with a Turf-boat During the Spanish Siege before it from August 27.
1624. to June 5. 1625. there perished above 5000 Inhabitants within the Citie by the war plague and famin and the Citie was deserted after the surrender by more then three fourth parts of the Citizens till the reduction of the Citie followed in the year 1637. Those of the Citie of Grave have likewise shewed themselvs very zealous and resolute in the late wars against the Enemies of the Common Fatherland for not long after the Pacification of Gbendt they took their Spanish Governor prisoner and what with monie what by force and the loss of manie Citizens in the Enterprize got and drove out the Spanish and high-Dutch Garrisons altogether Afterwards Maie 4 th of the year 1586. all the Inhabitants thereof engaged themselvs by Oath to make utmost resistance against the common Enemie of the Land the King of Spain and his Adherents and that they would in no wise listen to any offer of agreement or reconciliation with the foresaid Enemies Within a short time after This same Citie beeing forced from the Union and subdued by the Enemie they remained in a sad condition till the Citie was reduced again to the United State in the year 1602. by Prince Maurice Steenberghen a very antient Citie of Braband beeing freed of the High-Dutch Garrison in the year 1577. it vvas subdued again by the Spaniards both in Anno 1582. and 1622. and tvvice also reduced by the Arms of the Confederates viz. in the years 1591. and the said 1622. It is remarkable that vvhilest the Spanish held this Citie in possession the same vvas so deserted of Citizens and made so desolate that there vvas not left nor kept any Judgment-Seat or administration of Justice there By all which it plainly appear's That none of the foresaid Cities of Braband ever endeavored to join or agree with the Spaniard or their Associates against the Union and Oath taken without extreme necessitie and consequently never sought of their own accord or wilfully to disjoint themselvs from the United State but they were all of them forced and rent away from the same by the force and povver of the Enemie destitute of succor or betray'd by others vvithout any fault of their ovvn nay to their ovvn great grief and undoing The Cities of Bruggen vvith the Land Van Vrye and Venlo they are the onely places vvhich for the said Crime of Desertion vvere publickly declared Enemies and consequently had forfeited their Rights and pretentions vvhich by virtue of the Union they might have claimed othervvise In all publick Acts Those of Braband are by the States of the United Provinces called indeed their Associates but in Truth they are dealt vvith as a people purely conquered For proof vvhereof vvee shall produce among many but these 3 points First for matter of Administration of Justice the Court or Council of Braband doth sit without the Province contrarie to the known Privileges and Charters of the Land sworn to by all the Dukes besides that the said infringement draw's the good inhabitants into excessive troubles charges and inconveniencies Secondly in regard of Government There is introducing a new waie of naturalizing strangers in Braband for the suppressing and excluding of the Natives as well from beeing employ'd in their own Province as they are sufficiently excluded from offices and Emploiments in others contrarie to their express privilege quod competit universo populo Brabantiae which is the peculiar privilege of the people of Braband conditioned for with the Prince and sworn to by the Prince This Privilege was never violated in Braband before the Troubles and remaineth pure and uncorrupt even under the Spanish Government to this very daie Thirdly touching the Revenues and Contributions there have been new burthens imposed all along upon those of Braband and they are threatned with more heavie ones to bee imposed at pleasure without any of their consent nay without so much as hearing them Which is repugnant not onely against the Privileges of the Countrie but likewise particularly against the promisses of the States General of the year 1600 alleged in the former Deduction Wee shall not insist here on the opposition of the States of Holland against Emperor Charles for the Congie-monie nor of the Citie of Brussels against Archduke Albert for a small impost upon pears but touch in a word onely that in Spain England and Germanie it hath ever been and is the observance in cours as likewise is shewed by Philip Comines in the States of France under Charles the eight assembled at Tours That no Prince hath power to laâ—e Impositions upon his Subjects nor Right to give theâ— Laws without their Consent The Societie which the Cities and Countries of Braband have in that kinde with the other Confederates may well bee miserable and deplorable even as in the benefit of cessio bonorum among the Lawyers whereof wee may take up the old complaint Sub umbrâ foederis servitutem nos pati neque â—nim Societatem ut olim sed tâ—nquam mancipia haberi That under the color of Covenant wee are reduced to slaverie wee beeing not entreated like Associates but like Bondmen Love indeed is the onely firm foundation of Government and according as a Wiseman said once That kinde of Republick fare's best and last's longest which all the parts are in love with and wish it lasting By the foreâ—aid Common Union the Netherlands engaged themselvs together for ever without impairing the special privileges of the particular Provinces Cities Members and Inhabitants thereof wherein they not onely may do one another no prejudice or hindrance but are bound likewise to help and protect one another therein by all means possible with advice and aid goods and blood against any one that shall attemt or go about to wrong them therein so that among the conditions of the Union this appeareth to bee the principal To maintein the Countries Cities Members and Inhabitants thereof in their particular Privileges amongst which without all controversie Government is one too Wherein of old not onely the chief Cities but even the smaller ones in Braband did share and participate For information whereof may serv That among the Cities of Braband there was no certain order kept heretofore as appear's by the engagements of the Cities in the years 1354 1370 1426 the Charters of Corteberg of 1312 and of the Ladie Johanna of 1385 and the privileges of Duke John the IV th of the year 1422. And that the foresaid Cities of Braband were antiently summoned to and sate in the Assemblie of the States of Braband is a thing too well known to bee doubted of Where it is observable yet that to the Pacification of Ghendt and Union of Utrecht there were not onely invited and called in the great or chief Cities of the Provinces but indifferently all the Cities and Members thereof and who know's not the practice since therupon throughout all the United Provinces By the foresaid Common Union the Countries and Cities are equally engaged in one
Ordinarie Deputies at the Generalitie desiring their advice about transplacing or sending forth of any Companies and giving of Patent to the same to supplie the desired advice to the said Assemblie with all expedition IX And besides that likewise to inform and advertise the said Assemblie of the Ordinarie Deputies at the Generalitie from time to time of the true State and condition of the foresaid Frontiers and necessitie of changing som of the Companies as often as the same shall judg that the service of the Land requireth it X. And to the end that the before-mentioned Patents may bee duly expedited according to the minde of the joint-Confederates and as much as may bee don care had that no Companie shall march into any Voicing Provinces to bee put in Garrison there but with permission and particular Patent of the States of that Province or their autorized Commissioners as likewise that no Companies shall bee removed or drawn forth out of the Voicing Provinces whereby the prescribed Number agreed upon or hereafter to bee agreed upon with common advice of the respective Provinces to bee left in each Province respectively for garrison in the Cities and Forts thereof and for assisting the Magistrates in the executing of their civil command may com to bee lessened the foresaid Council shall review and carefully observ the Patents after their advice transmitted unto them by the Assemblie of the Ordinarie Deputies at the Generalitie whether the same Patents bee attested by the President at the Generalitie and signed by two Deputies of the two succeeding Provinces present subsigned by the Secretarie and sealed with the Seal of their Hi. Mi. XI And if at any time any Patents shall serv to make any Companies to march into a Voicing Province then the said Council shall observ further whether the Claus bee inserted therein whereby the Officers are warned and charged by their Oath that they will not march with their Companies into any such Province ere and before they shall have got permission and particular Patent from the States of that Province or their autorized Commissioners And if so bee the Patents shall serv thereby to draw forth any Companies out of a Voicing Province the foresaid Council shall take care that in the same Patents there bee blanks left or open spaces for the names of the Officers which are to lead the said Companies to bee filled up by the States of the Provinces out of which the said Companies are desired or by their autorized Commissioners according to occasions and the Orders agreed upon between the Confederates in that behalf XII And finding that the said Patents are attested signed subsigned and sealed in manner abovesaid and contein the foresaid claus of any Companies designed for marching into any Voicing Province for Garrison and having blanks for names of Officers to lead the Companies upon certain occasions and to draw them forth out of a Voicing Province then and not otherwise shall the foresaid Council likewise attest the said Patents by the President in the Council and sign them by the Secretarie and seal them with the Seal of the Council thus without any further delaie to bee forthwith dispatcht and sent away XIII Moreover the foresaid Council wherever the States of a Voicing Province or their autorized Commissioners shall bee desired in time of need by the Generalitie to yield to the drawing forth of som companies out of their Provinces whereby the number to remain within the Province according to the fore-cited agreement to the ends aforesaid com's to bee lessened shall to their uttmost take care and endeavor that the Need or Necessitie which caused the drawing forth of the said Companies beeing past over the foresaid Companies bee readily returned to their former Garrisons or others in their stead XIV The said Council shall likewise take care from time to time that the Frontiers of the State in general bee duely provided with needful ammunition provision and other requisits of War XV. The said Council shall endeavor That the General means for the common defens of the Land throughout all the United Provinces the associated Countries the Cities and Members thereof together with the Quarters resorting under the Generalitie particularly agreed or yet to bee agreed upon and referr'd or yet to bee referr'd to their Disposition by the consent of the Provinces may every where bee well and equally levied and that the Farmers and Collectors thereof bee maintained in the inning and executing of what is let out or given in charge to collect and that the transgressions of the Ordinances made or yet to bee made in that behalf bee punished without any connivance And in these matters concerning the foresaid means or the Questions and Differences thence arising the Council of Braband and Flanders shall not meddle at all XVI And in the levying of the said General means they shall follow and caus to bee followed such Instructions as are or shall bee made by the States General XVII And in the inning and executing of ihe said common means and other consents or subsidies of the Provinces and in that manner as they shall bee born The foresaid Council shall proceed against the Debtors Farmers and Collectors as also against the Subjects or Inhabitants of the Provinces Cities and places defective or failing therein in the same manner as was used in these Countries about Princes sutes or monies and according to the Warrants exsecutorie to bee issued in that behalf Provided that none shall bee called forth out of the Province where hee inhabits without the consent of the States of the said Province XVIII They shall take care and seriously endeavor that all accomptable Persons of the Generalities means the farmings both in Cities and Countrie the redemtion of means Contribution Mulcts Ecclesiastical goods the Seal of Domaines pourvaying of Provision and Ammunition for the Armie and all other incoms and revenues none excepted shall at the years end bring into the Generalities Exchequer a threefold acount viz. one for the Council a second for the Exchequer and a third for the Receiver or Surrenderer adjoining all the Original Documents and requisites thereof for to bee audited in the foresaid chequer-chamber whereof coppies shall bee returned as formerly and that for to prevent abuses XIX The monies proceeding of the foresaid consented means and subsidies shall bee converted and emploi'd to the paiment of the Souldierie and other Necessaries of War in conformitie to the agreements of the respective Provinces or so as in general shall bee ordained by the Provinces for most profit of the Land and above all there shall bee settle dorder for Mustering and Militarie Discipline over the Souldierie and that they may bee paid by the head as neer as possibly may bee XX. They shall take care that the respective Provinces do paie the Companies their full wages without any abatement or charge of Sollicitors Clarks cash-monies New years monie or any other whatever it may bee called directly or indirectly
respective Provinces and Councils of War together with them as likewise to the Deputie-Councils of the States of the respective Provinces all by waie of prevention And that none may pretend ignorance of this our present Act wee do hereby intima e unto and desire the Lords the States or their Commission'd Councils and Stadtholders of the Provinces where they are respectively and enjoin all other Judges Officers and publick Ministers they beeing required it That they caus this Act and Ordinance to bee every where declared proclaimed and published where publication and proclamation is usually made and besides the Governors of the Provinces Governors and Commanders of Cities and Forts to caus the publication hereof to bee frequently renewed in the Frontier-Towns and places of strength before the Souldierie hors and foot by Drum and Trumpet providing nevertheless that all the foresaid points shall bee kept inviolable and the transgression punished according to the respective penalties above mentioned though the same publication were not renewed for a whole year and that without any favor connivance or dissimulation to the contrarie For thus wee have found it requisite for the advancement of the service of the Land Given at the Haghe This same daie the Lords of Friesland gave in the ensuing Proposition or Advice High Mightie Lords THe Lords Commissioners of Friesland having taken into further Consideration the conclusion made yesterday touching the Thanksgiving to bee returned to Almightie God on Saturday next they finde the same prais-worthie But since there is nothing more worthie the name of God and nothing more necessarie by reason of his incomprehensible Power of searching the hearts of those that call upon him then that they which draw near unto him see they do the same with pure hearts and present their desires in terms of truth and uprightness Therefore it is that the Commissioners of Friesland calling to minde that the points of Secret Correspondence and Determining of arising Differences among the Provinces beeing som of the most principal Bonds and Foundations of the Union are not perfectly transacted yet to the content and satisfaction of the joint Provinces Their desire in behalf of Friesland is that the same may first bee perfectly adjusted with love and unitie of all the Confederates And whereas likewise this Illustrious Assemblie was held good and commended to the respective Provinces by the States of Holland for no other end according to the propositions made by their Deputies in the several Provinces but to establish and maintein Concord Peace Love and Friendship among the joint Provinces and to remove and extinguish all diffidence jealousies and suspicious The Deputies of the Province of Friesland held it needful to recommend unto your H. M. serious consideration whether it were not very fit and requisite that these weightie and long-deliberated affairs should bee concluded with a Solemn Resolution of Amnestie forgiving and forgetting whatsoever by the one or the other Province or any Particular persons and members thereof may have been don or transacted in the year 1650 touching the Questions Differences and Dependencies thereof which were arisen then among them The Province of Friesland for their part conceived it most necessarie to the end that the blessing of God over this State and the resolutions taken by them may so much the more abundantly and confidently bee exspected and nothing attemted in the one or other Province after the ending of this Assemblie by either fact or writing in derogation or prejudice to his late Highness the Prince of Orange of praised memorie or any other whereby the mindes of the Inhabitants might bee disturbed and the pretext of peace becom as Oil in the fire and set the whole State into an unquenchable combustion of discord and contention desiring that all the Provinces would bee pleased particularly to advise and resolv upon this Proposition as without which Resolution the Lords of Friesland are firmly persuaded that the foresaid Thanksgiving to Almightie God cannot bee sincerely performed here nor any good effect thence bee brought to perfection in the respective Provinces The Caus and Occasion of this Motion must bee repreesnted with som reflexion to things past The Lord Cats Counsellor and and Pensionarie of Holland had som months ago made known to his Lords principals his great age of 74 years humbly desiring thereupon that hee might bee released and end the rest of his daies in quiet and enjoiment of himself This having been reiterated by him several times and yet not hearkned unto hee did at last to shew hee was in good earnest declare hee must of necessitie discharge himself of several papers and secret resolutions wherewith hee had been intrusted and to this end hee likewise delivered up a certain writing entituled The Reasons and Motives which induced his High s to undertake both the arresting of the Lords and the enterprise upon at and about the Citie of Amsterdam Which Prince William of high memorie had given in last year and which then for peace sake was found good not to open This Writing beeing exhibited to the Assemblie it was put to the question whether it should bee opened or burnt Most voices especially those that held themselvs offended were of opinion that it ought to bee read to make it appear how little ground the Prince had of proceeding as hee did It beeing opened acordingly and read there were copies taken the Tenor whereof followeth THe High Mightie Lords the States General of the United Netherlands taking to heart the long-continued tedious and dangerous disturbances and irritations which daily are encreasing more in the States of these Countries by reason of the Discrepancie arisen betwixt the hx Provinces on the one side and the Province of Holland and Westfriesland on the other about the Reducing and cashiering of a part of the Militia and the establishing of a state of War and according to their great wisdom and knowledg of affairs foreseeing the inconveniences like to ensue thereupon the rather for that by the Province of Holland and Westfriesland there was already a separate Cashiering resolved upon by pluralitie of voices and orders issued by them for the effecting thereof they found good and necessarie to decree a solemn Sending or Commission whereunto wee join'd our self to all the Cities and Members of the foresaid Province of Holland and Westfriesland for to persuade the same by all conceivable motives that they would refrain from all separate cashiering diminishing or altering of the forces engaged in service by oath to the Generalitie and to withdraw themselvs from what might have been undertaken to the contrarie conforming themselvs with the six other Provinces or submitting the points in difference according to the provision of the Union in that behalf And the said Lords the States General desired and autorized Us to see all requisite order taken and to provide that all might bee kept in peace and quiet and specially the Union preserved and mainteined together with all the consequences
and references of the same and that on the contrarie all things may bee obviated and resisted what is or may bee attemted against it The foresaid sending or Commission beeing performed and finished and nothing effected by it by reason of the counter-working of som ill-affected Wee together with his Excellencie the Stadholder of Friezland and the Council of State after many meetings and conferences under protestation to meet the Province of Holland as far as might bee framed a solid draught touching the affairs of the Militia and things consectarie and connexed so as it might bee pleasing and acceptable to the joint Provinces and tend moreover to the maintenance and conservation of the Uuion and consequently to the greatest service quiet unitie and securitie of the State of these Countries Whereupon conceiving hope and having likewise used both in publick and under-hand all friendly means of inducement and persuasion wee found at last to our highest grief that all these well-meant endeavors and labors of ours were made but so much the more fruitless through the insolent demeanour of som who chose rather to put the safetie of the Land from without and the welfare of the good Inhabitants within into an hazardous ballance then yield but one hair's-bredth from their ill-conceived opinions wherewith they had abused and abusively informed their respective Commons and indeavored afterwards by wiles and subtilties to draw aside likewise divers good Members of the Assemblie of Holland it self Nay of meer presumtion and wantonness durst urge and go about to maintein the foresaid business of Separate Cashiering saying besides They were not destitute of counsel and means to make the other six Provinces yield and complie peremptorily alleging that the Union was dissolved and wholly disanulled by whose decaie and fall there was unavoidably to bee exspected a notable Change and alteration not onely in the General Civil Government but also in the point of the true Reformed Religion as the same is now by publick autoritie professed and exercised in the Provinces Associated Countries and Cities of this State So that there beeing no appearance left of prevailing by any kiude of persuasion or accommodation and in the mean time all kinde of bold seditious and dangerous discourses of those ill-affected persons coming to our ears besides divers others well-grounded warnings of most unheard of pernicious and ruinous designs and machinations against the State of these Countries which were projected by them and in part promised to bee undertaken whilest under a fair shew and specious pretexts they onely sought to gain time for the accomplishing of the foresaid pernicious designs and to bring the State of these Countries by that means into a notable rupture and confusion to the singular advantage of those which are big with jealousies against this State Wee have by virtue of our Commission and special resolution and autorization in that behalf from the foresaid Lords the States General judged and considered it highly necessarie that the forenamed evil and pernicious designs undertaken with so much prejudice and danger of the Common Caus contrarie to the Union ought to bee prevented and resisted before it should bëe too late And thereupon though unwillingly as may appear by all our former peaceable offices and friendly endeavors resolved to prevent the foresaid persons in their attemts and to take and keep som of the most principal Bell-weathers from among them in custodie least they should further mislead and abuse the other good and well-minded Members of the foresaid Assemblie of Holland and Westfriesland Wee were constreined at the same time and upon the same grounds to resolv with the assistance of som Forces to represent unto the Citie of Amsterdam how that a very few persons among them and chief leaders and instigators of the foresaid designs having hindred the Audience wee sought in the Citie-hall there in qualitie as Stadholder of the said Province of Holland for the service and advancement of the publick they ought of necessitie to rid their Government of such Instruments Whereupon and what further was taken into consideration thereabouts all was amicably transacted and agreed on both parts Where it is observable that the evil beeing broke out in its worst condition the same was so conditioned as it would have rent and torn the whole State and Bond of those Provinces and thereby involved them into inevitable ruine the remedies all fair waies failing were of necessitie now more strictly and sharply to bee applied and practised For even as when there happen's a dangerous fire to arise wee make use of and employ any thing to quench the same which otherwise would not bee thought on as somtimes such and such particular houses are one a suddain pull'd down to the ground to save a whole street and thereby a whole Citie from beeing laid all in ashes So wee beeing engaged by Oath and Commission to maintain the Union and Religion and over and above that anew autorised by special Resolution of the foresaid States General for the maintenance of the foresaid Union seeing a Flame arising among the Provinces which by progress and conâ—â—nuance might have laid them all into coals and ashes and having the means in the hand to prevent the same it might justly bee conceived wee had had no regard to acquit our Commission Honor Oath and Conscience nor duely respected or valued such a special and express autorisation from the highest Government if wee had not with all possible speed and fervor adventured our selvs against that rising embrazement and endeavored to resist and damp it in manner as was don Us. As for the particular points of the charge against the arrested persons which do respectively more concern the one then the other of them the same could not bee brought in above in the general charge but is reserved to a proper time of proceeding therein as shall bee fitting This wrought so much in the mindes of the said Assemblie of Holland that they put both it and the Proposition which the Prince had made immediately after his progress through the Cities of Holland upon the refusal of admitting him into the Town-hall at Amsterdam Jun. 30. the last year into the hands of som Members who thereupon framed this ensuing advice First That by a Deduction in writing to bee drawn up by select Commissioners the Proceedings of their Nob. great Might last year about the business of reducing charges and the difficulties made in bearing of the petitioned Consents of this Province for the maintenance and paiment of a part of the Militia having been in service during the War should after a summarie rehearsal of things past bee justified and the contrarie refuted in the contents of the foresaid two Acts or papers especially the latter entitled Reasons and Motives which induced his High â— to undertake both the arresting of the Lords and the enterprise upon at and about the Citie of Amsterdam And that the said Deduction beeing made readie the same should bee
read at the Generalitie after the opening of the like writing there containing Reasons and Motives as before presented to their Hi. Mi. Assemblie August 15. 1650. by the Lord President for the time beeing and by Resolution then taken laid by them in the Box of the Secretarie And in case the foresaid opening should beyond exspectation bee disputed by the Provinces They the Commissioned Members do hold that the foresaid justification ought then to bee presented to the Generalitie notwithstanding and entred into the Register there In the second place That the Sending or Commission in June the last year 1650. performed by his High s the Prince of Orange with the assumed Lords to all the Cities of Holland and West-Friesland having Voice in this Assemblie together with all the consequences and effects thereof ought to bee disapproved by a positive Resolution As contrarie to the Order and Form of the Government infringing the Eminencie and Prerogative of this your N. gr Might Assemblie and especially prejudicial to the Freedom of Deliberation of the respective Members thereof and that it bee decreed That the Cities of this Province shall for the future neither offer nor admit or suffer any such Sending or Commission in their respective jurisdiction That the same disapproving Resolution ought together with the abovesaid writen Deduction and Justifications to bee presented to the Generalitie and entred into the Register there and likewise transmitted by Missives unto the respective Provinces desiring each of them that for the reasons to bee alleged in the said Missives and justifying Deduction they would bee pleased to conform themselvs to the like however in no case to laie any ground for such Sendings hereafter nor ever to take upon them to decree the same Thirdly That the respective Provinces as well in the Assemblie of their High Mi. appearing there by their Deputies as also by pregnant Letters to their respective States-Assemblies shall bee desired to disapproov the Resolutions of Jun. 5. and 6. 1650. taken by a few Members at the Generalitie and having past it is confidently believed without the foreknowledg and notice much less the command and autorisation of the respective States of the Provinces their Lords Principals and doubtless forced upon or from the said Deputies at least the greater part by the over-awing and swaie of his High s the Prince of Orange and especially that autorisation of the person of his said High s inserted in the foresaid Resolution of June 5. 1650. together with all the consequences and circumstances thereof as likewise to declare unlawful and invalid and consequently to repeal known extorted thanksgivings made unto his foresaid High s and to declare that they hold the same as such for no lawful Resolutions and to geth the same to bee entred in the Generalitie's Register Fourthly That their N. gr M. ought to declare by positive Resolutions as before the enterprize against the Citie of Amsterdam last year July 30. together with the seizing of the six Lords Members of this Soveraign States-Assemblie committed the same daie and the consequences thereof to have been an attempt upon the Freedom Eminencie and Soveraigntie of this Province directly contrarie to all the Laws Rights and Prorogatives of the same That moreover the Common Halls or Councils of the Cities for which the foresaid six Lords had appeared in this Assemblie there and so far forth as it was not performed alreadie as also all other common Halls or Councils sending their Deputies to the said Assemblie ought to bee desired to send in their Declaration in writing whether their respective Deputies had in the matter of Reducements and in regard of the Deliberations happened about the State of War in the year 1649. for the with-holding of the Consents of paying som forces as was petitioned by the Council of State in the foresaid State of War and in the Execution thereof and things depending thereon carried themselvs conformable to the charge and intent of their Principals yea or no that the same Declarations beeing perused the Assemblie might then proceed in regard of the six Members aforesaid by further Declarations according as the condition and exigencie of the matter should bee found to require Hereupon there was taken several examinations and informations as first that of the respective late Secretaries and Clarks of his said High s Heylersich Hulst and Cunes Which was don the 15 and 16. of June by a Committee of the States of Holland Secretarie Heylersich was demanded I. Whether hee had not delivered to the Clarks of his High s Secretarie two several papers the one containing Complaints against those of Amsterdam with desire of Repartition and Satisfaction in the points therein deduced and the other beeing entituled Reasons and Motives which induced his High s to seiz on som of their N. Gr. M. Assemblie and to laie Seige to the Citie of Amsterdam Hee answered Yea and that hee had received the said papers from his High s own hands but knew not the hand whereby the same was written II. Whether hee knew not otherwise who had written or endited the same Hee answered no. III. Whether hee had never surmised with himself who might have penned it Hee said That now and then hee received writings of that nature at his High s hands within som hours or a little while after that the late Secretarie Mush had been with his High s in private and that thence hee took occasion somtimes to conceiv that the said Secretarie Mush might have drawn them IV. Whether all the forementioned writings had been writen by one and the same hand or no. Hee said hee conceived That the letter writen by his High s to the Provinces and Cities touching the matter of the foresaid seizing and siege and the first-named paper above was writen by one and the same hand but that hee was not able to saie whether the other paper intituled Reasons and Motives c. was writen by the same or no. V. Beeing demanded a second time whether hee could saie nothing of the hand whereby both the papers mentioned in the first Article were writen Hee said hee thought that one of the Clarks of his High s Secretarie by name N. Hulst had told him whilest the same writings were copying that it was the hand of Cunes chief Clark of the foresaid Secretarie Musch VI. Whether hee knew the hand of the said Secretarie and whether hee could not saie for certain that the foresaid writing was writen by the Secretarie himself Hee said hee knew well enough that it was not the hand of the said Secretarie himself and that the writings withal were written fair without any blots VII Why Hee examined beeing summoned by their N. gr M. went home first Hee said it was to tell his wife that hee was summoned and withal to make water VIII Whether hee had spoken with no bodie els concerning this before hee made his appearance in the Assemblie of their N. gr M. Hee answered No but onely
plotting much less â—ffecting any thing that migâ—t have rended to the dissolution of the Union changing of the Civil Government and of the true Reformed Religion and consequently to the prejudice and ruine of the State but on the contrarie that in all their doings they have shewed upon all occasions to have had no other aim before their eies but the furtherance of the honor of God and the freedom quiet and securitie of their Native Countrie That the same men each of them have with all sinceritie and faithfulness followed and performed whatsoëver wee had given chem in charge as Deputies for us at the Assemblie and elswhere and aâ—quitted themselvs so well therein that hee had caus to commend them for it and to give them thanks for their zeal and endeavors and especially that touching the new state of War projected by his High s his Excellencie the Stadholder and the Council of State after the Peace concluded and the Deliberations ventilated thereupon both in particular conferences of the deputed Members and in full Assemblie of their N. Gr. M. they have served and supplied us from time to time with pertinent and faithful reports and with good and true informations for our full and needful instructions that in all these affairs they never shew'd to bee acted by passion or possessed with any malignancie but alwaies sought every one of them to direct and steer things according to the qualitie of their Functions to the preservation and good of the State That in the point of the foresaid State of War cashiering and reducing of the Militia and other unnecessarie charges of the publick Treasurie they have propounded and urged nothing at the Assemblie of their N. Gr. M. but what beeing found good by Us they had given them in charge That the Counter-acting to the Execution decreed by the rest of the Provinces at the Generalitie of sending Deputies to all the Cities and members of the Province of Holland and Westfriesland hath been a work of our own grounded upon weightie and pregnant reasons and determined by a formal resolution taken in our Assemblie and that the said Lords so far forth as each of them hath been emploied in the executive part thereof have demeaned themselvs with prudent circumspection and discreet direction of all to our full contentment and singular satisfaction wherefore also by the very Act of August 15 1650 whereby wee were necessitated to our great grief to discharge them from their respective emploiment wee commended and approved whatsoever respectively to that very time they had most carefully and faithfully don and transacted in the the Government as also still wee approve and prais both that and whatsoever els hath since been don by them in our behalf and give them heartie thanks for their good endeavors therein and especially in the business of reducing the Militia and unnecessarie charges as also opposing the foresaid Sending and other affairs touching the state of this Land wherein they are emploied promising to them and their posterities to keep them alwaies free and harmless from any thing that might molest or trouble them by reason of any of the services aforesaid and to defend and protect them against any upon that account under the obligation of our Citie and all the goods thereof to bee impleaded by any Court or Judges Don thus in the Assemblie of the Noble Lords the Counsellors and Companies of the Citie of Harlem this third daie of Julie Anno 1651 there beeing present four Burgomasters six Senators six old Law-keepers and eleven Counsellors and Companiemembers of the foresaid Citie In witness whereof is the Citie-Seal hereunder affixed Signed J. Benningh Act of Justification of the Citie of Delft Noble Great Mightie Lords THere beeing exhibited and read in our last Assemblie a certain Missive from your N. Gr. M. addrests to the Lords Burgomasters and Governors of this Citie dated Julie 6 1651 together with a certain Paper entituled Reasons and Motives c. as before accompanied with the Declaration of the Lord Counsellor Pensionarie Cats bearing dat 16 o Jun. last Wee have after the reassumtion of our former Resolution and with mature deliberation found good and resolved by waie of answer to make known unto your N. Gr. M. that our Deputies in the Point of Reducement and in regard of the Deliberations happened upon the State of War projected for the year 1649 about the with-hoding of their consents for paying certain forces petitioned for by the Council of State in and toward the foresaid state of War and about the Execution thereof and what depended thereon have not carried themselvs otherwise then conformable to our intention and orders which wee not abused by our foresaid Deputies and abusively informed as the forementioned Paper very ill and wrongfully hold's forth but according to the true and full report made to Us of all things and upon full knowledg of the matter as it was tending and making most for the service of the Land For which caus also wee have commended and approved and yet further do commend and approve whatsoëver our said Deputies did or transacted in this kinde as our own work returning thanks to their N. for the great care and faithfulness which they have testified in the managing and executing of our Resolutions and in particular to the Lord John Duyst van Voorhout at the time our Commissioned Counsellors of Holland who in all his emploiment hath alwaies given full proof of an upright Patriot and true lover of his Native Countrie and the dear-bought freedom thereof and whose actions therefore were ever far from attemting much less executing any thing that might have tended to the Dissolution of the Union the change and alteration in Civil and Ecclesiastical Government and consequently to the prejudice and ruine of these Countries but on the contrarie that with great industrie faithfulness providence sinceritie and uprightness hee hath still considered the main end and aim of his emploiment Wherefore also wee do hereby declare that the Contents of the foresaid Paper in regard of the said Lord Duyst van Voorhout together with the rest of our Deputies is contrarie to the known Truth and that consequently the said Lord Duyst van Voorhout hath without any grounds and against the Laws of the the Land been deteined first at the Haghe in the Court of his High s together with five other Lords and carried prisoners afterwards to the Hous of Loevestein That indeed at the same time wee held our peace and upon the said Lord Duyst van Voorhout his own desire though to our great grief discharged him from the exercise of his Functions becaus the times were evil but beeing delivered thereof by God's wonderfull Providence wee restored him soon after his High s deceas into his former state and place return'd him into the Court of the Commissioned Council of Holland and his Ordinarie time of serving there beeing exspired have deputed him for the Assemblie of their No.
Members of the Government and endeavored all hee could in our behalf to prevent with wholsom advices all those troubles exasperations and inconveniencies which threatned the State thence That moreover hee hath not opposed the Sending in Question of June 1650. but yielded to it together with us under due protestation for the Right of Government and that onely in respect of his High s of immortal memorie and his high Charges That both wee and hee together are commended in his High s written Proposition faithfully enregistred in our Book of Resolutions for our Love to the conservation of our Native Countrie and readiness to abide constant to the Union with the six other Provinces and to maintain the old orders and observances of the Land and had thanks given Us for our good will and endeavors which both wee and hee had contributed for a long time to the Unitie among the Provinces That since also hee hath notably cleared the points in difference unto us and shewed himself together with us much enclined to accommodation nay hee together with his fellow-Deputies have even gon somwhat beyond our order towards the embracing of the Conciliatorie advice of June 16. 1650. which nevertheless after report made unto us by our Deputies wee have given them thanks on the 24 th Nor have wee ever found in him any humorousness ill-affectedness malignant design presumption or self-will much less ever heard any seditious or dangerous Discourses com from him tending to the Dissolution of the Union or Compulsion of the other Provinces neither do wee know or can believ that ever hee had any ill designs plots or contrivances or kept ill Counsel apart wee having contrariewise alwaies known him and by these wee declare him an upright Patriot and Lover of his Native Countrie and the paternal freedom thereof fought for these four-score years and withal a good defender of the true Christian Reformed Religion and whom wee never could suspect to have had any thing before his eies but the advancement of the glorie of God and the foresaid Religion the Freedom Quiet Securitie and Unitie of our dear Father-land and that in the same form of Government according to the Union and other fundemental Maximes of the State wherein hee was born and which hee â—ath appeared and stood for many a time according to his place and talent And further yet wee do declare that hee together with his fellow-Deputies hath served and supplied Us from time to time especially touching these matters of saving charges and reducement of forces and the State of War with very accurate faithful and sinceâ—e reports touching that which had past as well in the particular conferrences as in the full Assemblie and likewise well discharged his respective Orders and contributed all hee could for the good and service as well of the publick as of our Citie in particular for the which wee have oftimes thanked him and yet have caus to do in regard of his Vigilancie Faithfulness and Zeal which appeared sufficiently to every one in the discharge of his Employments as our Secretarie first and afterwards Pensionarie for all which as was don before July 31. 1650. so wee do still hold good firm and valid whatsoëver the foresaid Lord Keyser and other our Deputies have don at the Assemblie in the affair of Cashiering and Reducing of the Militia and things depending thereon giving him heartie and reiterate thanks for his good endeavors in that and other discharges of his Trust and withal promising to him and his posteritie to keep them free and harmless at all times from whatsoever might betide them by reason hereof and to defend and protect them therein against every one under the obligation of our Citie and all the goods thereof to bee impleaded by all Laws Judges and Judicatures Don thus in our Assemblie July 10. 1651. present the N. Lords Will. Claesz de Jager M. Albert de Groot Claesz Janssen Pot Burgomasters Marten Jansz Groot Jan Alberts Lamberschagen Pieter Dercks Ben Claes Cornel. Hogwoude M. Cornelis Riperse Jan Fredericksz Abbekerck Doct. Gerard Hooâ—us Lambert Powelsz Cornel. Claes Veen Thiis Adriaensz Fons Elbert Dircksz Langewagen M. Corn. Olferse and Geroit Pietersz Twis of the Council the Lords Raet Sonck and de Vry attending their function in the Haghe and the foresaid Lord Keyser duâ—â—ng our deliberation gon out of Town In witness whereof wee have caused our Citie-Seal to bee annexed here under this 12. of July 1651. underneath stood By Order of the Noble my Lords aforenamed signed by mee Secretarie Wormbout Jadsz Wee M. Nicoles Raet Burgomaster and Geroit Jansz de Vry Old-Counsellor both fellow-Counsellors of the Citie of Horen not having been present at the time of taking Resolution upon the foresaid Act of Justification and Approbation at Horen in the Assemblie of the Commons there but beeing deputed here at the States Assemblie in the said Cities behalf wee do declare by these that wee do approve the â—oresaid Act and every part thereof and fully conform our selvs thereunto as if wee had been personally present at the framing and decreeing of the foreâ—aid Act and Resolution in our Common Assemblie Actum at the Haghe July 14. 1651. signed Clâ—es Raet and Gerrit Jansz de Vry Act of Justification of the Citie of Medenblyck Extract out of the book of Resolutions of the Burgomasters and Commons of the Citie of Medenblyck Assemblie beeing held by the Burgomasters and Commons July 3. 1651. present M. Everk Jacobsz Jan Jansz de Zee and M. Volckart Cornelis Burgomasters together with Symon Maertse Lieos Henbrick Verwer Adrian Roecker Bartholomeus Maertse Jacob Nels Adam Cornen Jan van Hauwert Jacob Acker Adrian Albertsz and Cornelis Hogeland Common Council THere beeing exhibited to and read before the Lords Burgomasters and Common Council of the Citie of Medenblyck a certain paper countersigned by the Lord Pensionarie Cats entituled Reasons and Motives c. whereby the said six Lords are charged and aspersed with very enormous and insolent crimes and delinquencies especially in matters concerning their function and employment and by occasion thereof enquierie beeing made what was fit to bee don in specie in the behalf defens and protection of the said Lord Stellingwerf Counsellor and Pensionarie of this Citie having been one of the said arrested six Lords his innocence after mature deliberation it was found by the unanimous Vote of the Burgomasters and Common Council first and foremost to declare as their N. by these do declare That the said Lord Stellingwerf in the executing of his office beeing Counsellor and Pensionarie and Ordinarie Deputie from this Citie at the Assemblie of the N. gr M. Lords the States of Holland and West-Friesland for many years together and especially in the affairs last year 1650. principally agitated touching the new State of War and separate Casheiring and Reducing of the Militia the opposing of the inhibitorie Resolutions taken at the Generalitie Jun. 5 and 6. 1650. and of the Commission
afterwards of his High s to all the Cities of this Province and lastly of the approbation of the conciliatorie project of July 16. 1650. and other businesses ensued thereupon hath carried himself so honorably honestly sincerely and uprightly according to the orders given him by Us made Us such faithful and true reports from time to time of the advices and considerations of all the Members at the Assemblie of the Province of Holland and West Friesland as also at the Generalitie touching the foresaid subjects both pro and contra according to his ordinarie curious and laborious custom as well by writing as word of mouth as ever could bee don by any wherefore also both himself and his respective fellow-Deputies after reports made of their vigilancie zeal and good endeavors had every time most heartie thanks given them which is now reiterated by these in special manner approving the Zeal and Courage which they have shewed in these matters for the service of the Land declaring withal the contents of the foresaid papers in this regard for untrue injurious and calumnious and that the rest can bee reputed no better promising also therefore to him and his descent and posteritie not onely to hold them guilt-and harm-less of whatsoever might at any time betide them by reason hereof but likewise to repute of any such accident as happening unto our selvs in General and to every one of us in particular and to see the same repaired with all vigor to our utmost and to save and keep him and his free of all charge charges and damages in that behalf under the obligation of our Citie and goods thereof impetrable by any Court or Judicatories Laws and Judges Underneath stood Extracted out of the foresaid Register of the Resolution book and found to agree therewith word for word the daie and year as before Signed by mee M. Ryckaert Secretarie at Medenblyck Declaration of the No. Gr. Mi. Lords the States of Holland and Westfriesland touching the Charge against the six arrested Lords and the Government of Amsterdam THe Knighthood Nobles and Cities of Holland and Westfriesland representing the States of the said Countrie To all those that shall see or hear the reading of these greeting Bee it known That whereas last year 1650 a Deliberation beeing on foot about the receiving a new state of War a Retrenchment of the Land-Charges and other dependences thereof som of the Lords Members of our Assemblie of State by name Jacob de Witte Old-Burgomaster of the Citie of Dort Jan de Wael Burgomaster and Aelbert Ruyl Counsellor Pensionarie of the Citie Haerlem John Duyst van Voorhout old Burgomaster of the Citie of Delft Nunning Keysar Counsellor and Pensionarie of the Citie of Horem and Nicolas Stellingwerf Counsellor and Pensionarie of the Citie of Medenblyck were seized and for a time deteined prisoners in our hous of Loevestein and that all the foresaid Lords as also together with them the Lords Andreas Bicker Lord of Engelenburg and Cornelius Bicker Lord of Swieten the former Old and the latter governing Burgomaster of the Citie of Amsterdam were fain through the practice used then about the foresaid matters to resign and bee discharged of their respective Citie 's emploiments That likewise our good Citie of Amsterdam hath for som daies been kept shut up and besieged by forces of the State all which might caus such as have not a right and full knowledg of the true condition and circumstances of affairs happened and transacted then to take it for granted and currant as if the said respective Lords had been brought to this seizure and resignation of their emploiments through or by reason of any misdeed or misdemeanour of theirs in either their respective Cities or the State 's affairs and consequently through their own fault as also that by the Governors of the Citie of Amsterdam there had been any just caus given of the trouble they susteined by the Siege aforesaid And that nevertheless on the contrarie it hath plainly been evidenced unto Us by the lawful and solemn Declarations of the Unanimous Commons of the above-named Cities that the foresaid Lords respectively have with all sinceritie and faithfulness followed and performed what they had given them in charge by their respective Principals and in particular about those points of retrenching the charges of the State and in regard of the State of War and things dependent thereon together with all the results of the Deliberations held in behalf thereof as well touching the with-holding of the consents of paying of a part of the Militia petitioned for by the Council of State in the fore-mentioned State of War as about the Execution of the Resolutions taken by us in those matters and other consectaries thereof have discharged their trust and followed the intentions and orders of the foresaid respective Commons their Principals and likewise served and supplied the same from time to time with pertinent true and faithful reports of all the advices and considerations both of the other members in our own State's-Assemblie and those of the Deputies of the rest of the Provinces at the Assemblie of the Lords the States-General deduced pro and con to those Commons their Principals perfect instruction good content and abâ—olute satisfaction Moreover that in the managing of the foresaid matters and deliberations in the reâ—pective Commonalties the said Lords or any of them never shewed themselvs to bee acted by passions or possessed with prejudice or ill-affectedness but on the contrarie ever directed the affairs uprightly sincerely and unpassionately however as much as in them laie they laboâ—ed by all good and sutable means to direct all to the â—ecuring of the dear-bought Libertie of the United Provinces in General and of our Couâ—trie of Holland and Westfriâ—slâ—nd in particular and all that for the quiet welfare and common good of our dear Father land Therefore wee our selvs having likewise good and perfect knowledg of all the proceedings about the foresaid affairs transacted in our Assemblie beeing fully satisfied with and giving perfect credit to the respective Testimonies in that regaâ—d of the foresaid Commonalties of the Cities of Dort Haerlem Delf Amsterdam Horem and Medenblick finding alâ—o our selvs fully satisfied in the innocence and uprightness of the proceedings which by the Government of the foresaid Citie of Amsterdam was used about that business and judging not otherwise thereof but the same were directed to the good of the State in general and of our Province in particular Wee have declared and do declare by these for the taking off all mis-interpretions abusive informations evil and groundless opinions that all and every one of the above-named Lords and those of the Government of the said Citie of Amsterdam have don or managed nothing about all the foresaid matters deliberations resolutions and executions thereof but what good and just Governors faithful Patriots and lovers of the freedom and welfare of these Countries and the good inhabitants thereof were bound to
do and ought to have don and that therefore they all and every one of them can nor ought not in the least to bee prejudiced impaired or wronged in their honor good name and fame by either their foresaid seizure detention and resignation of their respective Emploiments or in regard of that siege of the foresaid Citie Don thus and decreed in our State's-Assemblie under Our Great Seal August 23 of the year of our Lord and Saviour 1651. After this there was drawn up by a Committee of Members the ensuing Information whereof som few Copies were printed under Title of A True and Necessarie Information of that which the Lords the States of Holland and Westfriesland have in the year 1650 from time to time advised resolved and acted about the matter of Retrenchment of Charges and the difficulties made by the said Province of yielding to the desired Consents for the entertaining and paiment of a part of the Armie in service during the War Together with A Refutation of a certain Paper entituled Reasons and Motives which induced his High s the Prince of Orange to undertake both the seizing of the Lords and that which was begun upon at and about the Citie of Amsterdam THe States of Holland and Westfriâ—sland having seen a certain Paper entituled Reasons and Motives which induced his High â— the Prince of Orange to undertake both the seizing of the Lords and that which was undertaken upon at and about the Citie of Amsterdam Consigned by his High s of immortal memorie into the hands of our Counsellor Pensionarie August 9 1650 and afterwards brought into our Assemblie and upon precedent Deliberation opened on June 15 last 1651 and having maturely pondered the same and made use also of the advice of our Deputies into whose hands wee for that end committed the said Writing with sundrie other Acts and Resolutions relating to that matter Wee do finde our selvs necessitated for the better information of our Confederates and all others to whose hands the foresaid Papers may have com and this also may bee presented as also in special manner for the discharge of Our selvs and posteritie to make known the true state and condition of affairs mentioned in the Paper aforesaid together with the proceedings taken in hand by Us from time to time in and about the same Declaring and protesting that in all this wee have no other aim nor design but to justifie defend and maintein our Actions so odiously represented in the foresaid Paper together with the Honor and Reputation of our Countrie of Holland and Westfriesland and assuring our upright and faithful Confederates that our love and affection is nothing lessened nor cooled towards them nor shall for all that divers unlawful actions and proceedings to our great grief and sorrow have been procured and practised against us by som few ones from among them set on and favored therein even wee are fully persuaded to the dislike and discontent of their own Principals Yea and that all our intent is onely tending to the Quiet Peace Unitie and Common Good the which wee have during the great and weightie Deliberations happened since the Deceas of his High s the Prince of Orange and by reason and occasion thereof and now through God's gracious assistance unanimously and to the full content of all the United Provinces happily ended really testified from time to time most earnestly therefore desiring the said â—our dear Confederates and all others to pass as peaceable and impartial a judgment hereupon as wee have shewed and carried our selvs peaceable and impartial all along and really complying in the matter it â—elf The same beeing thus conditioned That immediately after the conclusion of the peace obtained through the help and blessing of God Almightie and especially purchased by the free and voluntarie contributions of the goods and blood of our faithful Subjects and Inhabitants All our Actions and Endeavors were directed and employ'd That the same our Inhabitants and good Commons might taste now once again the Fruits of Peace that dear purchase of theirs and that by degrees they might in som measure if it were possible bee eased and relieved in their manifold Impositions and Contributions laid upon them for the maintenance of the Armie and other Charges of the Land And whereas our Treasurie through the excessive Charge of that long War and the continual taking up of Monies upon Interest which from time to time wee were driven to for the Expedition of so many chargeable designs of War in behalf of the common Union and no less through the manifold supplies and disbursments in time of need to the rest of the Provinces our Confederates for the preservation of the State far beyond our own rate whereof to this hour wee could never recover any liquidation much less repayment had run it self in that extremitie of behindhandedness That even after the discharge of the ordinarie Leaguer-charges and after a notable redress in the Treasurie by the retrenchment of som other charges both of the Generalities and Provincial regard nevertheless the Ordinarie Revenue of our Treasuries could no waies reach to the paying of the Armie Rents Interests and other unavoidable yearly charges and it beeing not avoidable in any kinde to supplie the yearly arrears caused thereby by any further ruinous and cankering means of running in debt beeing in so deep before by reason of former frequent refuges to it much less could wee resolv upon an encreas of Taxes and higher raising and aggravating of Impositions that beeing most unreasonable and a sign of a most corrupt policie to lie more heavie upon the good people and commons of the Land in time of peace then wee had don in all these heavie wars but equitie it self requiring that the Treasure and Blood so frequently adventured and spent by them and their zealous progenitors for the safetie of the State with so much hardship should now by occasion of the peace were it possible bee recompenced at least with lessening of the charges and all deviseable allevations Wee saw our selvs reduced to that point of necessitie that either wee must undertake to redress the foresaid yearly excess and arrears by means of a well-regulated saving and the retrenchment of sundrie not highly necessarie charges or els suffer and see the State of the Land to precipitate it self into utter disorder and confusion And accordingly wee have caused as well a Committee of our own Assemblie and our Commissioned Council seriously to examin and devise by what means and in what things the foresaid saving design might most conveniently bee found and practised without aggrieving of the Land as likewise in the year 1648. two distinct businesses of this nature were projected and by deduced advices determined as also Resolutions taken by us tending in great part to the discharging of divers unnecessarie Officers whose functions were of themselvs absolutely com to ceas by the peace or otherwise and to the retrenching of part of
order of Government and especially the 9 th Article of the Union as beeing a matter of charge requiring contribution of monies wee can nor may not bee over-voted in that case Or if so bee that on the contrarie such a thing should have been endeavored to bee put upon us wee might have had libertie then to with-hold those monies or contributions and forbear them altogether like as June 1 1650 wee took such a Resolution spoken of before at large and consequently did well and justly for the preventing of confusion and muâ—inie to give advertisement thereof to these viz. Ritmasters Captains and other Militarie Officers who otherwise conceiving afterward they were to draw monies would together with the Souldiers under them have been disgusted in the highest degree and that not without great reason By all which rational Motives and from the consequences of true and duly disposed Premisses the groundlesness of their Supposition is evidently discernable which would have drawn the foresaid Libertie of Consents in regard of the Militia into question It beeing very remarkable besides to the further Confusion of such That before the beginning of the Peace that that very partie which so fain would have seen the foresaid yearly libertie of consenting in these Militia-matters justled out hath been very busie about it for a whole twelv month together as the Registers of the Resolutions at the Generalitie shew forth though all in vain and without any success there beeing inserted into the fundamental Resolution about the preliminar points before the Treatie of Peace Novemb. 16 1646 these express words Thirdly concerning the Militia it is found good and resolved that the said Militia shall bee fitâ—ed and framed according to the occasions of times and affairs and according to the antient custom there shall yearly a Petition bee made by his High s his Excell cie the Stadholder and the Council of State and transmitted to the Provinces for them to deliberate thereupon about needful Consents and to return the same to the Generalitie By reason whereof also wee alwaies were wont to restrain our Consents which from time to time were granted by Us upon the yearly Petition of the Council of State and the state of War with this express claus That the same was meant and don for the time of one year and no further and never engaged or promised further then for the year current onely to take fitting order for the paying of our Quote towards the Militia and other petitioned publick charges After the quotation of which clear significant and express words both of the foresaid General Resolution and our own Acts of Consenting wee cannot judg our foresaid first point should need any further confirmation Although ex abundanti it might bee shewed here not onely that their Hi. Mi. in general have by several Missives and particularly that of Decemb. 8 1648 and Septemb 27 1649 respectively desired of us that wee would yield our Consents to the foresaid state of War but likewise that all the Provinces in particular have in their respective Provincial Advices upon the said projected state of War not onely acknowledged the said libertie of Consenting but likewise themselvs plainly made use thereof in several particulars for their own advantage for proof whereof wee shall content our selvs to produce here onely the words of the Province of Zealand who in their advice returned upon the foresaid state of War having premised that in the general Proposition or Petition they pretended to have their Quote to bee lessened or substracted from the whole mass or bodie of the State aforesaid they claus it with these following formal words declaring That otherwise wee will not bee bound to consent to any further charges or Petition Whence indeed wee took occasion to believ as also wee are still persuaded that the foresaid affair was agitated and advanced at the Generalitie not according to the intention or by the joint acting of the Provinces themselvs whom wee perceiv to have been of one minde with us concerning the main but onely by som few Deputies seeking to currie grace and favor from his High s or otherwise byassed by particular aims and interests of their own Now concerning the Second point propounded above namely the Sending Julie 5. 1650 decreed and forthwith expedited to all the Cities and Members of our Assemblie wee have therein observed a twofold unlawfulness and unbefitttingness the one in regard of the partie giving the Commission or decreeing that Deputation and the other in respect of the matter it self or the aim and drift wherefore the same was undertaken As for the givers of the Commission The truth is and may appear by the Notals of the Lords present in the Register-book of their Hi. Mi. that they were men in such a scantling Number that three whole Provinces were represented there but Note by four persons so that wee could not sufficiently admire how so small a number of Deputies should dare to undertake the foresaid general autorisation a matter of so great weight and consequence together with the foresaid never well succeeded Commission and Sending without first as in such matters of importance the usual custom is beeing warranted and ordered thereunto by their Principals or having understood their minds and intentions in that behalf proceeding to grant and decree the same onely upon the Votes of five Provinces so slenderly represented as said is against the standing out of the Deputies of the Province of Gelderland and the protestation of Ours Besides this that wee are verily perswaded there were divers yet among those few ones of a contrarie opinion and meerly over-voiced by their fellow Deputies and others som which by reason of the presence and autoritie of his High s durst not oppose Insomuch that even thereby first it may easily bee judged what is to bee held of the lawfulness of the foresaid Conclusions taken at the Generalitie Jan. 5 and 6 aforesaid And secondly it is considerable also in regard of these givers of the Commission that though the foresaid Sending had been approved of and concluded on by the Lords the States General or the Deputies of the Provinces compleatly instructed and autorised thereunto with unanimous consent of six consonant advices in regard our own Deputies could not join with them nevertheless it had been clearly shewed and will bee further very clearly and evidently deduced that their Hi. Mi. are in no part warranted nor qualified to do it Beeing that all Sendings decreed or to decree unto the Provinces ought according to the fundamental Order of the Government to bee addressed unto the States-Assemblie and not to the Cities or particular Members thereof Which likewise was alwaies observed in these Countries and particularly also by the Lord Stadtholder Count William Lodovick of happie memorie and Deputie for the Province of Friesland in the year 1587. who understood and declared it thus in regard of the Letters and Sendings by or in the behalf of the E. of Leicester
Sovereigntie Resort and Homage And Secondly that the foresaid particular Lords by the Contract of their foresaid Sale and Transport they have notoriously past away no more right or autoritie over them then the Instruments of Investiture and the specification of the Fiefs do contein and hold forth Which for all the Concession of as well higher as middle and lower Jurisdiction and divers other both honorable and profitable rights and prerogatives made over to the said Lords do therefore withall in terminis give up unto them all manner of functions and requisites necessarie for the Direction and Government of a Civil Societie it followeth evidently that whatsoever serving to that end and not belonging to the immediate exercise of Sovereigntie is not expressly and by name set down in the foresaid Letters the same ought to bee left and reserved to the Cities aforesaid As indeed the same distinct Right thereof over the said places belonging on the one side to the Lord in respect of his Enfeofment on the other side to the Citie-Magistrates Ratione Juris publici may yet further bee asserted First from certain immunities and privileges particularly granted unto the foresaid Cities and their common resort for their particular accommodation by the the Earls and Countesses of Zeland som even after the time that the said Cities were under particular Lords which are things without dispute and to bee seen in the Records of the said Cities Secondly from divers Contracts Transactions and Agreements solemnly made as well of old as later times betwixt the Lords on the one and the Governors and Commonalties of the said Cities on the other side And particularly from the Contract made in the year 1530 between Adolph of Burgundie as Lord of Flushing and the Burgamasters and Governors of that Citie touching the mainteining of the Citie-works to the Sea-ward and the collecting of several Incoms and means arising there a certain distinction beeing made therein between partie and partie both for charge and benefit thence accrewing where is likewise mention made not onely of nulling or repealing a former Contract but also which is worth noting in the Citie 's behalf that this was don after due and Legal communication had with the Principal ones and Commons of the said Citie the whole Contract also beeing confirmed on the one side with the Seal of the Lord and on the other with the Seal used for the Citie-affairs As likewise Prince William of Hon ble Memorie in the year 1582 granted unto those of Flushing aforesaid for their support and relief and towards the mainteining of their Sea works the Herring-toll there and Heir's-right together with the handtoll under certain conditions set down at large in the said Concessions The like Agreements and Contracts both touching the fortifications and other matters were made at several times between the Marquises and the Citie Veer respectively All which could not stand in Law if the Governors and Inhabitants of the said Cities were wholly and without any exception depending on their Lords and could not in any wise bee considered without them as also in such a case beeing all one with their Lords it is plain of it self that they would not bee able to make any Contract with them Siquidem nemo secum contrahit It appear's Thirdly also very evidently by the Agreements and Transactions entered into and past by the said Cities without their Lords apart and in particular with the States of this Province For proof whereof doth serv especially among others that which past between the said Lords the States of Zeland and the Citie of Flushing in the year 1585 touching the Indemnitie desired by them upon the ensurance made to her Roial Majestie of England By which Letters or grant of Indemnitie obteined then there are engaged to them and put into their hands all the Domains Means and Revenues of the Earl and Earldom of Zeland within that Citie and resort thereof with autorization that of their own power they may seiz upon the same for the Indemnitie of the Citie their Citizens and Inhabitants against all damages and prejudices which by reason of the said transport or surrender the said Citie might chance to suffer in their Domains Incoms and otherwise or any of their Citizens and Inhabitants in their concernments Beeing that the foresaid Letters and Acts of Indemnitie note well were granted to the Governors of Flushing for themselvs and their Inhabitants in particular and upon their particular Request without any use made in that behalf of the name and intervention of his Excellencie Maurice beeing at that time the Lord of the place And that which is more yet those of Flushing among other points and articles delivered in by them to the end aforesaid one was besides the satisfaction desired in particular for themselvs that content might bee given likewise to Count Maurice for his Interest making thus express distinction between the interest of the one and that of the other As also it is notorious and appear's by the Registers that after the foresaid Act of Indemnitie for the Governors and Inhabitants of Flushing expedited Septemb. 23 1585 the Letters of Indemnitie for his Excellencie aforesaid in case that through the foresaid Garrison of the Queen of England his Jurisdiction Domains Houses and Rights should com to suffer any damage or inconvenience for all the instance of those of Flushing aforesaid and the earnest sollicitation of the Lord Bruninex Counsellor to his Ezcellencie were not granted till December thirteenth ensuing It beeing true withal that the Magistrate and Citizens of Flushing for the caus abovesaid having been engaged by a particular Oath of Fidelitie to her Majestie aforesaid they were afterward June 14 1616 particularly likewise released thereof And therefore was it very pertinently said in the 9 Article of the Grant or Charter given to those of Flushing by his Excellencie Prince William of happie memorie in the year 1574. That according to their antient Privileges they are sufficiently qualified and antorized to treat transact and dispose of all matters and affairs belonging to the foresaid Citie Fourthly the grounds of the former assertion are conspicuous also from the Contracts and Transactions made as well by the Lords as the Governors of the the said Cities intervening and for their distinct interest with other forrein Princes and Potentates An example whereof wee have in the Agreement made in the year 1612 between the Commissioners of the States of Scotland by autorization of the King on the one part and the Commissioners both of the Marquiss and of the Citie of Veer on the other concerning the foundation of a Staple for the Scotish Wares within the said Citie in most of the Articles principally engaging the Magistrate there and in the solemn Signature thereof the Deputies of the Marquiss standing separated from the Commissioners of the Citie All which had been to no purpose and could not have been don without incongruitie if the Magistrate of the foresaid two Cities
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
general it cannot bee presumed the foresaid Prince beeing at that time so highly offended and persecuted by the King of Spain hee should have been disposed then to gratifie Him beeing the Lord of the places aforesaid with any particular advantages it cannot bee conceived in any case how the said King otherwise the First and representing the rest of the Nobilitie in the Assemblie of Zealand should besides that bee able to take Session there in the place of the Prela◠and having voted once in the Nobilities behalf among the States should afterward have power to vote again by means of those Cities in behalf of the Prelat which indeed without palpable contradiction and absurditie and the introducing of manifest confusion in matters of Government can bee mainteined by none Therefore and clearly do shew that the said prerogatives were granted without any regard had to the Lord and onely in the behalf and to the advantage of the foresaid Cities and their common inhabitants by reason of their particular and common interest it is said in express terms both in the Preface and conclusion of the same that they are granted upon the humble petition of the Burgo-masters and Governors and in the none and behalf of the said Cities and their Governors to com together with the common Porteers and inhabitants thereof And to what end namely for the furthering of good Government welfare and prosperitie among them and that they may bee relieved from under the great and heavie burthens which were fallen upon them partly by reason of the necessarie Sea-Works and great arrears of Rents and partly becaus of the warrs against Duke d' Alva and his adherents together with regard had to their good endeavors and faithful services performed by them in that War All which can have and yield no other reflection but to the commonalitie of the said Cities considered apart without admitting of any further extention and so that the same Cities as likewise was touched above cannot lawfully bee deprived of the same through any felonie neglect or delinquencie of their subaltern Lords Which ought to bee of so much the more validitie when reflection is made upon the direction intention and aim Prince William of happie memorie had in granting of the said Charters to the Cities aforesaid namely to compose and frame the Government and civil admin stration thereof as neer as might bee equal to the other Cities of the Earldom as among other appear's ungainsayably by the ensuing Arguments And First by this that there having been of old a Court in the foresaid Cities serving originally to the direction and administration of justice and the same in are likewise before the warr by contract made between the Lords and the said Cities for sake of their Government now by virtue of the express text of the foresaid privileges there is set up and instituted there respectively a formal Court of Common-Council or Citie-Council It beeing well known that as on the one side the Court of justice was formerly set up and emploied by order of the particular Lords according to their letters of investiture so on the other side the foresaid Erection of the Citie-Council there could not bee effected otherwise then with express consent and by the immediate Autoritie of the Earldom That same power beeing one of the most eminent and principal Roialties which belong's to the Princes or States of the land here As therefore wee see likewise that both in these Neighboring-Provinces not onely the Citie Councils themselvs could not bee erected without the special Grant from the Earldom but likewise not the Least amendment alteration or ampliation thereof could bee made without the like Grant and with Unanimous Consent of all the Members after the contents of them were first very ripely and seriously examined And that which is more the remonstrances to this end made by divers Cities are used to bee presented onely by the Burgo-Masters and Common-Council apart with preterition of the Counsellors Who in many places in this countrie have nothing to do with the Government but are onely employed about the exercise and administration of justice As in very truth also there hath ever time out of minde been a special difference in the Cities of this Province betwixt these two sorts of employments and the Common-Councils were originally introduced there distinguished from justice onely for the keeping of the rights and Privileges of the Cities whereunto likewise they are particularly sworn and as by the Lords the States it was very well said in the year 1587 to whom appertain's the power not onely to resolv but also to dispose of all things concerning the state of the Countrie and the Cities Which is the reason likewise Why the Burgo master of these Cities are wont and bound in all businesses of importance to understand the good opinion of the foresaid Common Councils as whereby the Cities and Commonalties for matter of civil Government are properly represented And for the same reasons also is the Election of the said Common-Council in most Cities both of this and Neighboring-Provinces left by Priveleges from the Earls or the State thereof unto the immediate disposition of the Cities themselvs even to the least inclusively Insomuch that it cannot bee shewed by any letters of Investiture or other Feodarie Acts that ever there was any thing of that nature transported or communicated to any vassals of the Earldom much less pretended to or practised by them in any of their Lordships Secondly the foresaid position viz. That it was the intention of Prince William of happie memorie by any means to equalize the two foresaid Lordships with the Cities of the Earldom is evidenced by this that although formerly the Courts of judicature and justice used to bee chosen simply without any Nomination ex arbitrio Dominorum at the pleasure of the Lords the same cannot bee don so now becaus of the foresaid privileges but upon a precedent presentation whether it bee that any Election shall bee needful for the yearly renewing of the Laws 〈◊〉 that the same must bee made by reason of the departure or Deceas of any of the Law-keepers for the supplying of the places which thereby is made vacant And thirdly that though the foresaid presentation and the ensued Election thereupon of the Counsellors may bee made there as well of persons which are of the Common Council of the said Cities as of any one from amid'st the Commonaltie nevertheless the Burgomasters thereof may not bee chosen but out of those which shall bee named of the said Common Councils they beeing the Head of the Government and therefore ought alwaies by known cours to bee of the number of the Common Council which in the Counsellors as was said even now it is not necessarie In regard that on the one side for the administration of good Justice in the general it sufficeth that there are chosen and appointed som understanding discreet and just men but on the other side for
the direction and well-ordering of Government it is requisite besides that there bee chosen som likewise which are constantly versed and well-experienced in affairs Besides that therein also specially consisteth the assurance and freedom of the Cities that as the charge and emploiment of Common Counsellors ought to bee every where firm and permanent so likewise all manner of functions in matter of Government bee as near as may bee conferred upon the Members of the said Councils onely Where it is likewise very considerable that by the abovesaid Charters the Election of both Burgomasters out of those nominated of the Common Councils and Counsellors out of the Commonaltie is left to his Roial Majestie to wit as Earl of Zeland beeing that the qualitie of the Lord as concurring therein is not all exprest nor the Designation of his Majestie in this behalf ever used in all the Charter Which nevertheless had been very needful in every regard if so bee that the meaning of Prince William had been to gratifie the King as Lord of the said places above the advantages and prerogatives mentioned in the Letters of Investiture with sundrie other such eminent Concessions forasmuch as of Right all Collations of Roialties whether of Vassaâ—s or otherwise ought to bee made plainly and in express downright terms such as admit not any arguments of presumtion or inference to the contrarie But besides that same beyond all this would yet imply divers other palpable contradictions and absurdities against the qualitie and function wherewith his Excellencie was then invested as was demonstrated above it is undoubtedly to bee held that it was as far from his Excellencie's intention as the East is from the West Not onely for that the King so grievously persecuting him at that time had merited no such thing at his hands but also becaus the same could not bee admitted then to the use and exercise of such eminent Roialties with any safetie and quiet of the said Cities as also that none knew what â—sâ—ues and events were like to ensue upon the war begun and the Differecâ—es then arisen And therefore it might well bee said and asserted upon good ground that although their Excellencies and Highnesses of happie memorie did successively expedite the foresaid Election that nevertheless they did it not as Lords of the foresaid places but as Stadtholders and in the Name of the Earldom The rather becaus his often abovesaid Exrellencie Prince William made the said Election there from the year 1574 to the year 1582 inclusively at which time hee first became the buyer of the two foresaid Lordships no otherwise and in no other qualitie then as Stadtholder of the Province and that it was likewise most reasonable and equal that the Magistracie of the foresaid Cities beeing made integrating Members of the Earldom's Sovereign Government with so many prerogatives of the Earldom should depend of the Earldom if not entirely and altogether yet at least for the most part And howbeit that it will bee instanced the appointing of the Counsellors cannot bee disputed to the Marquiles or Lords of the foresaid places beeing the power thereof is expressly given them by the Letters of Investiture yet it can no waies bee conceived or imagined how or upon what ground the said Lords or Marquises should have any right or autoritie over the Election of the Common Councils or of the Burgomaster as the head and chief members thereof Beeing that to the Office of the Consul or Burgomaster there is peculiarly committed the Ordinarie Direction and Command in all Civil affairs touching as well the Administration of the Citie 's Goods and Revenues as the welfare and protection of the Cities Concerning which the Feodatarie Letters of the said Lords and Marquises forasmuch as now especially they must bee considered as integrating Members of the Sovereigntie do not make the least mention Notwithstanding that those very Letters were granted many years before the date of the Concession of the foresaid great Privilege and since the date thereof to this daie were never couched in any other terms then they were originally and therefore cannot contein more now then was granted and conferred upon them at the original investiture A manifest token that there appertein's no share nor autoritie to the Lord or Marquises in the present Government of the said Cities and that whatsoever hath been indulged to the Bailiffs Burgomasters Counsellors and Common Councils thereof in that behalf the same is not derived unto them from the Lords but onely from the Earldom Which is the more to bee credited yet forasmuch as in the Judgment of all those which are versed in these matters it is held altogether incompatible and contrarie to natural reason that one and the same persons Court Societie or Universitie in the said qualitie shall bee Vassal and Independent together of the Earldom and on the other side comprehend such a considerable and main part of the Sovereigntie it self on the one side to do Oath and homage and on the other side to receiv it to bee subject and command all at once As therefore it is well known that in som of the neighbor Provinces som Cities could not bee made Members of their Provincial Assemblies but after that it was solemnly resolved by the States of that Countrie the said Cities should alwaies and solely depend of the Earldom without ever beeing to bee reduced or engaged any more to any particular Lords The said States alleging this reason in the Letters solemnly past thereupon That thus they do and did for the securitie of their Province besides that it could not but caus a great undervalue and disrespect to the Governors of integrating Members of the State 's Assemblie to bee chosen by particular and subaltern Lords to saie nothing of the disservice to the common interest which in many regards would unavoidably ensue thence All which Considerations of what reflexion and weight they are your N. M. will easily judg according to their wonted wisdom and determine by their Resolution Holding nevertheless under correction that hereunto is not contrarie that both here and elswhere som Ecclesiastical persons Gentlemen and Citizens beeing Subjects and Vassals of the State do constitute a part of the Supreme Magistrate beeing that the same doth not appertein to them as to Vassals but as Commissioners or beeing the first and worthiest of certain Bodies or Orders whereof the foresaid State is composed Nor that it is contrarie to this or implieth any contradiction that many of the foresaid Common Councils are appointed and emploied by the Marquiss for the administration of Justice and keeping of his Right Lordships and Roialties there beeing that in Law one and the same person considered in divers respects may without any incongruitie or confusion bee emploied in distinct services and engaged under several Oaths as might bee instanced and verified if need were by many examples and autorities And consequently the persons which from among the foresaid Common Councils may bee appointed
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
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
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
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
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
of Flushing and Veer respectively were again desired to declare themselvs upon the seventh point of the Writ touching the Right of the Earldom on the one side and the Lords of Flushing and Veer respectively one the other but they persisted in their former advices that first they might have Copie of the Verbal Advice against the Counter-Remonstrance made in behalf of the Prince of Orange as likewise of the Letters of Sale or Transport and Investiture upon which dedesire the four fore-sitting Members beeing the second time sollicited by the Pensionarie of the land to advise They declared That the business having its accomplishment of Deliberation and lying so clear before them as could not bee gainsaid by any reason The Conclusion ought to bee taken without any further delaie upon which the Pensionarie of the land producing and reading a certain Memorandum delivered unto him in behalf of their High ss the Princesses of Orange after the reading thereof hee propounded whether the Members might not finde good for to proceed in this weightie affair with all complementarie civilitie and discreet leisurableness to communicate copie of what was Verbally brought in against the Counter-Remonstrance unto the Commissioner of their High ss as Guardians of the Prince of Orange as likewise to the Lords of Flushing and Veer copie of the desired pieces that in convenient time they might produce what they shall have to saie to it and to the end that there may no ground bee laid of any prejudice that the Election of the Magistrate and all other matters in Justice and Policie might the while remain in statu whereupon the question beeing put the second time The four fore-sitting Members persisted in their former Advice and the Pensioner of the land was urged again to proceed to the Conclusion Flushing and Veer persisting in their Desires till upon reiterated putting the matter to the question and deliberations past upon the same it was found good and resolved to embrace and in all parts to accept of the Advice exhibited by the Lords of the Commissioned Council touching the Right belonging to the Earldom on the one side and to the Lord of Flushing and Veer respectively on the other in respect of their Magistracie and Civil Government the Lords of Flushing and Veer beeing desired to draw up and bring in their respective Reiglements for to bee past and registred in conformitie of the Resolutions of March 23. and May 1. last past the Lords of the Council beeing autorised finding the same agreeing with the foresaid advice to pass and register the same together with other both there by the Secretaries and in the Chamber of Accounts At which conclusion this Item was entered The Deputies of the Flushing and Veer respectively have by Order of their Principals caused to bee entered That they reserved them the Libertie to bring in touching this matter hereafter what they shall finde requisite In Holland as was intimated before the Cities had alreadie immediately after Prince Williams departure assumed to themselvs the self-choosing of their Magistrates by grant of the States of the Province as the Soveraign In Gelderland the Citie of Nimighen undertook the like of her own accord on new-New-years daie the 1 of Januar. 1651. as a matter of old and rights belonging to them The Citie of Tiel obtained it during the Great Assemblie from the States of Gelderland by waie of Grant all the rest of the Cities in Gelderland were of old in the possession of making their own Magistrates as likewise all the Cities great and small in Over-Yssel and Groninghen At Utrecht the Magistrates likewise reassumed it to themselvs as of old and right belonging unto them in this manner Thursday Maie 22 1651 the common Council assembled and there beeing likewise present among them the Lords which otherwise by reason of their Commissions and Offices were not wont to appear the first Burgomaster Wyck propounded That whereas by the death of his High s the Prince of Orange of high-praised memorie the Province of Utrecht had no Stadholder more and through the Deceas of the old Burgomaster the Lord John van der Nyport there was a place vacant in the Council therefore it had been found good to desire and call the foresaid Lords jointly to consider and resolv upon the form and manner to bee observed for time to com about the supplying of vacant places And after mutual communication and mature deliberation it was unanimously agreed That the Right of appointing Burgomasters and Senators in the Common Council and Counsellors of the Citie of Utrecht was and for ever should remain belonging to the Common Council onely and that it should bee decreed as an unalterable Resolution and everlasting Law that the said Right shal never bee yielded up neither whole or in part on no condition and in no manner whatsoever to any other Saturdaie Maie 24 the Common Council beeing met again in competent number there was after divers propositions made and ripe deliberations used unanimously found good and agreed this following form and cours of Nomination and Election of Senators in the Common Council First That so many papers should bee marked with Numbers as there bee Members present in the Common Council and that by the drawing out of the said papers the Court should bee divided into four parts according to the Order of the Numbers That the partition beeing made thus none of the Members should by either words or signs recommend or intimate any to others upon pain of loosing his voice the first time That then at last and during the Council's sitting the Members of the first division shall by most voices with close papers nominate a person qualified according to the order of the Common Council and ensued Resolutions That the voices coming to bee even-ballanced amongst those of the first Division so that by voicing again with close papers the person cannot bee found out yet they shall proceed to lots by drawing of two papers And that the Name of the person thus nominated shall bee set down by the Secretarie That then successively and orderly in manner as before the like proceeding shall bee made by the second third and fourth Division respectively Provided nevertheless that by the subsequent parties none bee nominated that was nominated already by a former and set down by the Secretarie as before That four persons beeing nominated and set down as said is there bee chosen one of them by the joint present Members with close papers by pluralitie of voices None of the Members by either words or signs recommending or intimating any of the four to others upon pain as before And that the voices coming again to bee evenly ballanced they shall proceed to voicing again or lots in manner as before Furthermore it is unanimously resolved and agreed that the Common Council shall yearly upon the 1 daie of October proceed to the Election of two Burgomasters for the year ensuing and that by close papers and pluralitie