and that as well before as after that the business shall bee dispatched in the Council and in case that any such shall have received gifts by any whom afterwards they perceived to have somwhat to do with the said Council which at the time of receiving the gifts they knew not or that such may get som business afterwards at the Council They shall bee bound to acquaint the Council with it and to convert the received gifts or the value thereof for the use of the poor in manner as the Council shall ordain them and besides that they shall not bee allowed to vote or sentence at the deliberation about the business touching him or them from whom they shall have received any such gifts without the Councils special leav all under pain That whosoever shall bee found to have don contrarie to these orders or any point thereof hee shall forthwith bee put out of his place and held infamous and uncapable of bearing any charge or office within the United Provinces the Associated Countries Cities and members thereof and bee bound besides to make restitution and laie down the fourfold proportion of whatsoever hee received or enjoied by any participation of the foresaid publick Works Provision Ammunition and other requisites buying undertaking granting of ordinances or from the participation thereof as also by the gifts and presents received made lyable above all this to such further pennances and arbitrarie correction as shall bee held fit and requisite according to the condition and exigence of the offence and the foresaid Council shall every year upon the first Tuesday in the month of Maie and such as may bee absent then on the first Tuesday they shall appear in the Council before they fall upon any business belonging to the Council clear themselvs the one to the other by solemn oath and make likewise the Treasurer-General Receivor-General Fiscal Secretarie and Clarks to purge themselvs by oath that in the foresaid matters they have acquitted themselvs uprightly and that they are not privie that their wives children families or any others of relation to them have either directly or indirectly don ought contrarie to what is aforesaid with promise for the future also to continue upright in this behalf And none at all shall bee admitted to any business or affairs of the Council before and until hee shall have solemnly cleared and engaged himself as is said before XXIX Also the foresaid Council shall over and above all this bee alwaies bound upon the least suspition to clear themselvs thereof one towards another by oath as before and to caus the Treasurer-General Receivor-General and Fiscal the Secretarie and Clarks of the Generalitie to clear themselvs of the same as those likewise which have any business with the Council and are under suspition shall declare by oath that neither directly nor indirectly they have promised or given any thing to any of the persons aforesaid nor will do XXX And such as shall bee found to have given or promised or caused to bee given or promised any gifts or presents to any of the foresaid persons their wives children families or any other in their behalf directly or indirectly whether before or after the business shall bee dispatched either for expeditions sake or otherwise under what pretext soëver they shall bee sentenced and condemned by the foresaid Council to a Fine proportioned or equal to the value of the business transacted or otherwise as the matter shall bee conditioned and require And all the foresaid Fines or Amercements shall bee disposed one third part to the informer and the two remaining thirds for the use of the poor although the committed exorbitancie should not bee found out till within som years after the fact XXXI And to the end That the foresaid things may the better bee observed and none pretend or plead ignorance thereof having any thing to do with the Council there shall bee hung up a Patent or Table in Netherlandish French English and Scotish to warn every one of offering giving or promising directly or indirectly any gifts or presents to any of the persons aforesaid their wives and children families or any other in their behalf upon pain and fine expressed in the next ensuing Article as also the Proctors Sollicitors and others which ordinarily present themselvs to bee emploied before the foresaid Council shall upon the abovesaid Tuesday or in case of absence then assoon as they shall bee returned to the Haghe again make promise by oath unto the Council that they will serve none nor give counsel to any Client or caus them to bee counsel'd to give or promise or caus to bee given or promised any gifts or presents directly or indirectly to any of the foresaid persons their wives children families or any other in their behalf but if so bee that they finde their Clients disposed or enclined to give or promise any thing to any of the persons aforesaid that they shall disswade them or coming to know that they may have given or promised somthing alreadie in that kinde that they shall make it known to the Council forthwith as also they shall bee bound from the beginning of their employ faithfully to warn their Clients of all such giving or promising ought directly or indirectly to the persons aforesaid and that they must acquaint the Council with what they know or shall discover of that nature all this under pain that the trespasser herein shall bee punished by the Council according to the qualitie and exigence of the matter XXXII And that the Council may the better bee able to attend the affairs concerning the common weal and protection of the Land and not bee hindred therein by the examinations of the processes which may arise against the exorbitances mentioned in the foresaid Articles and which might bee laid to the charge of any one of the Council the Treasurer-General Receiver-General Fiscal Secretarie or any of the Courts and for the preventing of all distaste contention and discord which might arise thereby among the Counsellors themselvs to the prejudice of the common good therefore the Lords of the Courts of Justice here in the Haghe shall bee desired and commissioned in form of Delegation to take jointly together as one Court cognizance of such like exorbitancies as are mentioned above and wherewith any of the foresaid Counsellors the Treasurer-General Receiver-General Secretarie or Clarks may com to bee charged and therein they shall do right according to the tenor of the foresaid Articles so as in their Consciences they shall finde just and fitting XXXIII And the Fiscal of the Generalitie and the Fiscal and Proctor-General of the Court of Holland Zealand and Friesland together or the Fiscal and Proctor-General of the foresaid Court alone in case the Fiscal of the Generalitie himself should stand impeached shall according to the Instructions given him in that regard by Order of the Courts of Justice aforesaid take exact informations of the foresaid Exorbitances and proceed against
common advice of the Provinces shall bee agreed on And as wee are confident Hi. Mi. Lords that you will take these our considerations seriously to heart so wee will not doubt neither but that according to your eminent wisdom and antient zeal for the common good you will take a speedie and couragious resolution and cours for the refreining and suppression of the foresâ—id vâ—le enormities and corruptions to the end that Justice may bee administred with all integritie the Government duly served the Subjects protected against all violence and a free passage opened for Virtue Knowledg Honestie and Pietie discountenancing and suppressing all oppreâ—sion and profaness Whereupon wee shall bee able to rest secure That God Almightie the Autor and Protector of this flourishing Republick will bless and prosper all your H. M. Deliberation and Resolution in this great and solemâ— Assemblie to the continual preservation and maintenance of the same Here followeth the Old Instructions for the Council of State Instructions for the Council of State of the Vnited Netherlands according to which the Lords lawfully commissioned and to bee commissioned are provisionally and till it shall bee otherwise ordered by the States General to manage and direct the affairs concerning the common state the defence conservation and Vnion of the foresaid Countries I. IN the foresaid Council there shall bee comprehended and at all times appear have place and voice therein the Governors of the respective Provinces where they are and matters shall bee handled deliberated and treated in the said Council with all due reverence respect and modestie for most service of the foresaid Countries and the good unitie and friendship among them and and the Cities and members thereof together with the mutual concord of the Lords assembling in that Council And the Governors of the respective Provinces and the President of the foresaid Council for the time beeing are desired to take good provident care that all particular affections jangling and impertinent motions not concerning the matters and affairs under Deliberation may bee prevented and hindered II. In the foresaid Council there shall not bee together such as are allied by consanguinitie in the fourth degree and by affinitie in the second according as the same are accounted by the Civil Laws III. And for the better direction and managing of all emergent businesses The same Council shall ordinarily assemble at 9 of the clock in the forenoon and at 3 in the afternoon and none of the Counsellors shall bee allowed to depart or go forth without acquainting the Lord President therewith And the said Counsellors shall bee obliged to repair and appear constantly at the place where the said Council shall negociate and to bee readie to to meet at any time when they shall bee desired except they have lawful excuses IV. The foresaid Council shall have a special regard that the Countries and United Provinces Cities and Members thereof may conformably to the confederacies made and established betwixt them bee settled and kept in Unitie and Concord both amongst themselvs and with the Governors and militarie Commanders as also the Governors and the Commanders amongst themselvs V. And the said Council shall have and exercise the Autoritie to dispose in matters of War and over all the Souldierie beeing in the Lands service causing their Commands to bee performed by the foresaid Governors of the Provinces for the time beeing the Admiral or other offâ—cers every one in his place VI. Conditioned they the said Council do nor attempt nothing which might tend to the prejudice of the Privileges Rights Liberties Treaties Contracts Ordinances Statutes Decrees and Customs of the said Countries in general or of any Provinces Cities or Members thereof in particular VII The said Council shall endeavor that the general means agreed or to bee agreed on and committed or to bee committed to their disposing by the consent of the Provinces for the Lands Defens may uniformly and generally bee raised throughout all the United Provinces the Associated Countries Cities and Members thereof together with the Quarters resorting under the Generalitie in particular and that the Farmers and Collectors thereof bee maintained for the getting of it in and executing of what shall bee farmed out to them or commanded to bee collected and that the trespassing of the Ordinances made in that behalf or to bee made bee punished without any connivance The Council of Brabant or Flanders beeing exempted from meddling at all with any of the foresaid Means or Questions and Differences arising thence VIII And for the raising of the said general means they shall follow and execute such Instructions and Ordinances as are made or to bee made in that behalf by the States General IX And for the getting in and executing the said Common means together with the agreements or Subsidies of of the Provinces and in manner as they shall bee appointed the foresaid Council shall proceed against the Debitors Farmers and Collectors as also against the Inhabitants of the Provinces and Cities beeing in default and their goods as in former times the custom was to proceed in these Countries about the actions and monies of the Prince and according to the Executorials to bee granted in that behalf provided that none shall bee summoned forth the Province where hee inhabit's without the consent of the States of the same Province X. They shall take care and narrowly look to that all such as are accountable for the Generalities means duely bring in their accounts at the Generalities Chequer or Chamber accountant XI The monies proceeding of the foresaid assented means and other consents shall bee used and emploied for the paiement of the Souldierie and other requisites of War according to the agreements of the respective Provinces or so as the Provinces in general shall ordein for most profit of the Land and especially shall there bee good order settled for the mustering and militarie discipline and that the Souldierie may bee paid by the head or pole XII They shall take care and streightly oblige the Captains in the Land-service under pain of cashiering that they paie and caus to bee delivered to their Souldiers the full paie according to the order of the Land without also abating to the said souldiers the eight daie and those by whose information any trespassing of the order aforesaid shall bee discovered they shall take special notice of to further and advance them according as opportunitie shall bee given XIII All Patents or Commissions and Command to bee addressed to the Souldierie shall bee signed by three of the Council beeing of distinct Provinces and by the Secretarie XIV As likewise all Orders for Paiments shall bee signed by the Treasurer and three of the Council beeing of several Provinces and by the Secretarie of the said Council and no Orders of paiment shall bee held authentick but such as shall bee signed in manner aforesaid with a Note Registred folio tali upon it XV. They shall likewise endeavor and further as far as
desired the High Court formerly to autorize the Princes Counsel for satisfying of them Her High s commended it to the care of the Princess Royal to finde the monies for satisfying of the Creditors and would bee very glad those honest people might receiv content once But there beeing no End of those Deputies and the prejudice and dammage on all hands thereby but increasing there were very great endeavors made to bring the parties to an Accommodation One of the special Difficulties was That the Prince of Landsberg was likewise declared Partner in the Guardian-ship Nevertheless August 13. an Agreement was procured wherein the Prince was silently past by it beeing presupposed that it would bee but troublesom to him to attend the administration here at his own Charges though it had been offered The said Agreement beeing signed the Princess Dowager went that evening yet beeing Sunday forth the Highe towards Aken for her health's sake without seeing the Princess Royal. After her Departure there arose new disputes like to undoe all afresh which yet was allaâ—'d again so that the Agreement stood the sum whereof was That the Princess Roial and the Pr. Elect. of Brandenburg together with the Princess Dowager of Orange had friendly agreed about the Guardian-ship of the Person and Goods of his High s the young Prince of Orange on condition 1. That the Princess Royal as Mother should have as much Autoritie alone as the other two partner-Guardians together 2. That all shall bee administred with common advice jointly for the conservation of all his Rights Goods Domeyns 3. That employing all his Revenues to his advantage they shall agree together how much to allow for yearly expences 4. That the Questions about the Principalitie of Orange shall bee left to Decision of both the Courts of Justice jointly together with som other codicillarie dispositions and things to remain in the interim in statu as they are and nothing altered but with common advice and consent 5. That neither partie shall refuse or act contrarie to the Determinations of the foresaid Courts of Justice in no wise nor by no pretence whatsoëver 6. That the Election of Magistrates Collation of Offices and Benefices belonging to his said High s shall bee divided in two parts and by lot adjudged to the parties 7. Except that the Election of the Magistracie and Collation of Offices and Benefices at Flushing and resort thereof shall bee left wholly to the disposing of the Princess Roial and that of ter Vere to the Elector and Dowager 8. That the former five Counsellors shall bee continued by new Commissions and two new ones added one by the Princess Roial and the other by the two other Guardians 9. That the Counsellors and other Council-Officers shall bee supplied and chosen by turns the Princess Roial beginning for the Office of Secretarie and Treasure and the two other Guardians beginning for the rest of the Offices of the said Council 10. That all Collations of Charges Offices and Benefices shall bee dispatched and issued in the name of the young Prince and by Commission of the joint-Guardians 11. That all Offices Magistracies and places shall bee on all sides bestowed upon honest and qualified persons according to the Rights Privileges and Customs of the Countries and without any Nundination whereof the said persons are to purge themselvs by Oath 12. All emergent Differences to bee referr'd to 4 persons to bee chosen by the Princess Royal and two by the two other Guardians and those 4 to choos a fist if need bee for the casting Voice 13. That all former Questions and Differences shall hereby bee void dead and null 14. That all these points and Articles shall bee subscribed by the parties interessed passing their princely word for the inviolable keeping and performing thereof Hereof there were drawn two authentick Copies at large and the one signed Maria the other Amidia Princess of Orange However there beeing no mention made in this Agreement of the Cabinet the same gave occasion of a new dispute The Princess Roial pretended that according to this Agreement shee was not bound to produce the Cabinet that in it there were likewise som Secrets which it was not fit for her to reveal or divulge The others said that by the Agreement there could not bee taken away that whereof the Agreement made no mention at all and that according to the Laws all Guardians are necessarily bound to produce and deliver up the Inventaries At length the Princess Roial was perswaded to restore the Cabinet as shee did upon their princely word And thus the business of the Guardianship being once concluded and adjusted a farther address was made thereupon to the Spanish Ambassador le Brun for the completing of the draught of the Treatie made with the late Prince of Orange And although the said Draught was made at that time more advantagious for the Prince the Spanish beeing somwhat jealous still the Prince might otherwise encline too much to the French and now hee was dead they might have taken the opportunitie of protracting the work or at leastwise new-molding it yet the Spanish shewed themselvs generous in keeping the former draught unaltered and bringing it to perfection the same consisting in these three points 1. That the Prince of Orange shall bee put and remain in full possession and proprietie of all his Goods Domains and Lordships situated under the Sovereigntie of his Majestie of Spain and specified in the Treaties made at Munster howbeit and notwithstanding that they were destinated as appear's by the said Treaties to serv and take place for the Exchange and permutation of the Marquisate of the Bergh op Zome with the dependances thereof in regard of the difficulties and contestation about the same 2. For the further satisfying of the surplusage of the value and making amends for the importance of the said Marquisate there shall bee furnished to the said Prince's profit and really delivered by Ambassador Le Brun in the behalf of the King his Master the sum of five hundred thousand florens at 20 fouls each flor to bee paiable either here at the Hague or at Amsterdam at the choice of the said Ambassador in two paiments viz. the 200000 flor immediately after the signature of the present agreement by the parties contracting and the other 300000 flor within five months after 3. That besides the paiment of the said 500000 flor there shall bee assigned to the profit of the said Prince a yearly Rent of fourscore thousand flor likewise at 20 souls each flor paiable every year either here at the Hague or at Amsterdam at the choice of his Majestie and according to the common cours of the Coin then at the said places when successively year by year the said paiments shall bee made The interests of which rent for the profit of the said Prince beeing to begin their cours from the same time of signing or dating the present Agreement aud contract the Capital and Principal thereof may
judg by what hath been deduced with what right and to what end our foresaid righteous proceedings were opposed and affronted still in such a violent and detestable manner holding and reputing the same for an high attemt against the dear-bought Freedom and free-sought Eminencie and Sovereigntie of this Province The same Freedom consisting chiefly and principally therein that wee as the Protectors of our good Commons and beeing set over them as Fathers or Guardians over their Children or Orphans shall not bee surcharged against our wills with unsufferable burthening of our Subjects especially when wee do know that without any disservice of the Land they may bee eased thereof as likewise the grievance of the tenth and twentieth penie endeavored by the King of Spain to bee introduced malgree our forefathers the lawful Governors of the Land gave just caus of and was a great ingredient in the taking up arms against him and afterwards abjuring his Dominion over us whenas wee formerly shewed at large that the foresaid whole business was taken in hand by Us upon this sole occasion that wee would not charge our selvs and poor Commons with such burthens as wee judged according to the foresaid constitution of times not to bee very necessarie And another thing wherein this Freedom doth likewise especially consist beeing this that the Respective Commons or Commonalties of the Cities each within themselvs and their Deputies and Commissioners at our State's-Assemblie should hold their Deliberations and utter their advices freely without beeing awed hindred or molested therein in which regard on the one side by the foresaid Sending and especially the Comminatorie Propositions made in divers Cities and by name at Dort and on the other side by the seizure of the Lords this Freedom hath been infringed and prejudiced in the highest degree Besides that by the foresaid acts the Eminencie and Sovereigntie of this Province was violated to the utmost and especially thereby that the highest and chiefest Government and consequently the Sovereigntie it self was directly and immediately set upon by the arrest and and detention of the six Lords and that the State 's forces were in hostile manner led against integrating members of our Sovereign Assemblie and even against the mightiest weightiest and considerablest of all this Province All the said proceedings beeing likewise directly against all the Laws Rights and Privileges of the Land both in regard that the foresaid Arrest and detention was don by them who though all the charges of the foresaid Paper against the Persons had been as true as they are not were not in any degree warranted or qualified to do such a thing and besides without any shew of process or form of Justice and without any foregoing information and more especially yet that the carrying away and incarceration of them in the hous of Loevenstein was don without any precedent sentence or judgment given in that regard without cognisance of the matter without hearing without plea without Law onely by bare force and meer violence Whereunto is to bee join'd that both the foresaid six Lords and som others within the Citie of Amsterdam were forced to abstein from all Government and to abandon their respective charges which is likewise directly contrarie to all the known Privileges of the said respective Cities and especially in regard of those persons which had the honor to bee Members of their Senates who according to the privileges thereof could not bee put out thence all their life time but must remain and continue therein to their dying daie unless they forsook the Land or were put out by court of Law And further also both the Imperial written Laws and even the Common Right of all Nations beeing grossly transgressed in this that on the one hand the foresaid six Lords had in all the affair above-mentioned and deduced in the foresaid Paper of his High s the Prince of Orange of immortal memorie don nothing of their own head but all by Order and Commifsion from the respective Senates their Principals as som of those Senates instantly and the rest have fully declared and manifested unto us and on the other that the said Lords cannot bee otherwise considered then Deputies or Ambassadors and in that qualitie were not in capacitie to bee arrested for executing their Orders even by the Law of Nations All which might bee deduced and asserted more at large yet with an infinite number of reasons examples and other arguments but that wee hold it needless to enlarge our selvs further in regard of the undoubted and palpable veritie before our eies Lauding and praising onely Almightie God in the inwardst of our souls That most unexspectedly without any helping hand of our own hee hath through his wonderful operation so mercifully delivered us out of all these troublesom perplexities and difficulties and withal restored again such an Harmonie Concord Love and mutual confidence and Affection between the General Confederates and thereby recovered the state of the Land from utter confusion and imminent ruine to such a settledness as wee could hardly have dared to exspect from his Almightie hand without presumtion Beseeching him from the bottom of our hearts that it may bee his favorable pleasure to continue the gracious blessing of his upon these Countries for all times to com and to grant unto us such wisdom guidance and discretion and withal to inspire us with that zeal and courage that duly acknowledging the foresaid mercies wee may henceforward so minde and improve the publick affairs of the Land and in all troublesom occurrences so tender and attend the weal thereof that wee may leav the state of the Land and the Government to our Posteritie in the same assurance libertie and freedom as God hath put the same at present into our hands Don and determined thus in our Assemblie 1651. They of Friesland then as was said having propounded and likewise presented a Draught of an Amnestia or Oblivion Julie 20 the same was next daie after committed to the Lord van Omeren and others of their H. M. Commissioners for the Conciliatorie Conferences to draw up a Project or Form of an Amnestia The same Lord van Omeren and the rest brought in then also the ensuing Advice for the deciding of Differences if any should com to arise among the Provinces wherewith these of Gelderland Zealand and Over-Yssell conformed themselvs upon liking of their Principals as those of Holland did absolutely Friesland and Groninghen with the Omlands were desired to do the like The tenor of the said Advice was as followeth I. IF so bee that any Disputes or Differences arise among the joint Provinces in matters where the major Votes have no place according to the Articles of the Union that then there shall bee chosen an unpartial able peaceable and expert man in affairs of State out of every Province to the number of seaven to assay the way of friendship betwixt the parties and the same not succeeding the differing Provinces shall
appointed 13 daie of September after the like Thanksgiving and publick Testimonies of Rejoicing were more generally and largely performed throughout all the Land And after that the managing of all affairs returned again to the Ordinarie Assemblie of the States General The Lords of Holland and Westfriesland had for many years together found and judged the place of their Assemblie very incommodious and mean and observing that by the Deceas of the Prince as Stadtholder most of the upper rooms of the Court of Holland stood vacant they appointed a Committee Octob. 3 viz. the Lord van Schagen of the Nobilitie together with the Lords of Dort Amsterdam Schiedum Alcmaer and Horen to look out for a more convenient place there provided nevertheless that with the fitting of the place so much time might bee taken up as that before the meeting of the foresaid Assemblie there the mourning-year of the Hous of Orange might bee exspired The Lord Cats beeing now 74 years of age had already at several times solicited the Lords of Holland for dismissing of him from his charge of Counsellor-Pensionarie or Advocate of that Province His many acceptable long and faithful services were such as that in regard thereof they were hard to bee brought to grant his request But the great Assemblie beeing ended hee solicited more seriously yet for the obteinment which having gotten at length Septemb. 27 hee fell upon his knees in the Assemblie thanking first Almightie God for his manifold mercies in preserving him all along in so weightie toilsom and hazardous an Emploiment and afterwards the Lords the States of the Province for all their favors by many elegant expressions and wishing them all further happiness bliss and prosperitie Thus the Lord Cats beeing discharged of that place though continuing in his Office of keeping the Great Seal and beeing Deputie of the Fiefs of Holland the Assemblie proceeded instantly to the chusing of another Counsellor-Pensionarie the necessitie and importance of the said Charge beeing so great that a certain learned man called him that was invested with the same in his time the Atlas Belgicae Libertatis Therefore the business admitting no Delay there was that very day chose in his Room by unanimous Voices the Lord Adrian Pauw Lord of Hemstede c. First and presiding Counsellor and Controller in the Chamber of Accounts of Holland and Westfriesland who likewise before that time had served in this Charge and been emploied in divers solemn Embassies with greatest prais and to the special service of this State Next daie after this Election was signified unto him by Beaumont Secretarie to the said Assemblie with desire that his native Countrie standing now more in need then ever of his service hee would by no means seek to wave it and returning afterwards again brought the Instruction along for to examine the same and to lose as little time as may bee offering to amend what might bee found amiss in it In the mean time hee was visited and entreated both in the Nobilitie's and the Citie 's behalf from the Assemblie by the Lord Cats himself and by the brethren the Ministers at the Hagbe for to take the Charge upon him it beeing both their and all good Patriots opinion that such a person of honor integritie faithfulness knowledg experience discretion and autoritie as the Lord of Hemstede was was exceeding necessarie and behoof-ful for the supplying of this Charge to the good and service of this Common-wealth The Lord of Hemstede was very hardly drawn to declare and resolv hereupon and therefore the foresaid Secretarie pressing him further in their N. Gr. M. behalf hee discoursed long thereof and deduced likewise by word of mouth in the Assemblie it self whatsoever hee could to shew the weight thereof and especially in regard the said Charge and Emploiment was subject to great trouble and thankless issues and upon revolutions of times and affairs like to prove very dangerous Therefore hee desired that hee might not bee liable to give account of his doings actions and administrations to any but their No. Gr. Mi. full Assemblie and that likewise hee might bee allowed to have recours if need were to the Courts of Justice in the ordinarie cours thereof without being constreined under any pretext whatsoever to make any appearance plea or answer before any delegated or extraordinarie Judges or before any combined in-landish or out-landish Courts Civil or Militarie or any other Councils Courts or Benches of Judicature here or elswere erected or to bee erected in any place That upon all Events however things might fall out afterwards by either Revolution or mischance hee might keep and effectually enjoie still the rights and privileges of the Countrie of Holland and Westfriesland in general and particularly the privileges belonging to the Citie and Citizens of Amsterdam and that their N. G. M. would bee pleased to confirm the same ex abundanti unless they should think better without prejudice or imminution of the solemn Act hee had obtained formerly from the Burgomasters Governors of Amsterdam to grant him som other favorabl privilege for his farther security against any such sinistrous accident That their N. Gr. M. would bee pleased to vouchsafe him Letters Patents of Protection indemnitie against all violence Molestation Detraction other troubles vexations damages and inconveniencies which by reason of his function might bee put or com upon him in what manner or under what pretext soever with such clauses and proviso's and dispatched in the best form as his Predecessors in office had it and the like was granted heretofore to himself in his former emploiment during the Wars That in regard and consideration of the Commissions and travels laid upon him by the Instruction to perform onely within the United Provinces the better to attend and wait upon the service of their N. Gr. Mi. looking upon his years and forepast manifold Commissions performed forth the Land hee may bee and remain excused from all further Forrein Emploiments and Commissions and that hee shall not bee obliged to the accepting and performing thereof without his own inclination and conveniencie but bee spared in that particular as likewise the same was granted to som of his Predecessors in the same charge heretofore And whereas the Instruction made for the said charge of Counsellor Pensionarie and delivered into his hands by their N Gr M s Secretarie conteined a good number of Articles which partly were not to bee found in former Instructions and partly differed somwhat from the waie and order which their N. Gr. M. had formerly desired should bee observed and that in the execution of som of the Articles of the present Instruction there might likely som difficulties bee discovered That therefore hee might have leav and libertie upon the findeing or meeting with any of the said difficulties or inconveniencies to propound the same from time to time unto their N. Gr. M. as likewise the same was at other times found good and granted by
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
Counsellors there though on the one side they bee engaged by Oath to the Earldom or to the Magistrate of the Cities for beeing faithful to the Administ aâ—ion of the Civil Government thereof nevertheless they may well enough also make Oath to the Lord for the sincere administration of Justice As likewise the same Counsellors besides the ordinarie dutie which they ow to the inhabitants by Commissions from the Lord they stand withall engaged to the Earldom or State of the Province to administer good Right and Justice to the people of the Countrie assigned to their resort Wherewith as wee trust Noble Mightie Lords to have summarily and no less usefully elucidated the whole condition of this Affair so wee will not doubt but the same have sufficiently understood thereby what Difference there is betwixt the Command and Autoritie which in the foresaid Cities doth belong on the one side to the Earldom and on the other to the Lord or Marquiss and in what points the same respectively doth most properly consist Therein namely That to the Earldom without all Controversie apperteineth all the Right of Sovereigntie and Supreme Autoritie That the particular Lords as Vassals of the Earldom are bound to shew to the said Earldom all due Obedience and homage That the said Cities in respect of the Employment and Deliberations touching affaires as well of the Common Government of the Land as the particular of their Cities do altogether and immediatly resort under the said Earldom without being bound to acknowledg the Marquiss or Lord in that behalf And consequently That the Courts of the Common Councils beeing originally erected there by the Autoritie and in the Name of the Earldom there is none can justly pretend to any disposition of confirming altering or moderating the same but onely the Lords the States as representing the said Earldom That the Creation and Election of the Burgomasters in those Cities as beeing the Head of the Government and of the Common Councils in various relations to them according to the 3 and 26 Articles of the foresaid respective Charters made heretofore by their Highnesses as Stadtholders of the Province is now by their Deceas apparently devolved into the bosom of the Earldom Which might henceforward rather do the same by themselvs or els in conformitie to the Resolutions taken and already practised to the advantage of the Common Members of the Province confer the same upon the Magistrates of the said Cities respectively in such a waie and Reiglement as was by them drawn up with the least impairing of their privileges and might consequently upon due cognisance of the matters bee autorised and decreed here Leaving likewise to their trust and unprejudiced as before the further direction in all civil matters and affairs with the said Cities respectively Adding this privilege besides for reasons and in conformitie to the common practises formerly alleged that they may bee enabled to make choice and election of persons for the supplying of som vacant places in the Common Councils absolutely and definitively by themselvs As also there ought to bee left under correction unto the foresaid Lord or Marquiss unprejudiced and undamnified all such dispositions and autoritie as are in express terms given to them over the foresaid places by their Letter of Investiture And that in pursuance thereof the same shall continue to exercise the power there for the administration of the criminal and civil Jurisdiction and particularly to engage by Oath according to custom the Bayliâ—ts and Counsellors together with the Secretaries and other attendants of Justice Provided notwithstanding that the foresaid Counsellors and Officers beeing desired to administer Justice at first instance in criminal or by appeal in civil matters over the Inhabitants of the open Countrie having relation to their appointed resort they shall bee bound and obliged in that regard to respect and that immediately the Commands of the Earldom As likewise the Bayliffs and Counsellors aforesaid shall bee bound to make Oath in that behalf unto the Earldom and likewise in the express Name and Quadripartition of the same to banish c. howbeit as wee are informed the same hath not been absolutely practised for these many years Beeing that the power of the said Bailiffs and Counsellors of administring Justice in the foresaid places is not conferred upon them by Commission of the Lord who hath not the least thing to say or pretend there but onely by delegation and permission of the States That withall the Marquiss or Lord shall have libertie to place for the future such Officers and Ministers there for the Receipt and Improvement of his Demeanes and Royalties-as he was wont to do of old as likewise the Cities may dispose in matters of their own so as they shall finde it requisite for the adminstration of their Government and best managing of their own meanes and revenues And thus wee conceiv shall every one bee duly maintein'd in the Right belonging to him and no bodie wrong'd the Earldom reserving its Right the Marquiss or Lord the contents of his feodotarie Letters and both the respective Cities the substance of their Charter Presenting at last unto your N. M. consideration whether it were not expedient that they would bee pleased to appoint som Members of their present Assemblie who might together with the rest of the Council frame and draw up from all that hath been represented here a Substantial Ordinance how the Right belonging to the Earldom touching the Magistracie or Government of the foresaid Cities may henceforward bee directed to the best advantage and consequently their N. M. conform the taking of their Resolution of it to most Justice and Equitie For which end wee praie Almightie God to inspire your N. M. with the spirit of Wisdom and discretion and to continue blessing the same with a long-lasting peaceable and prosperous Government Don and advised thus c. In Middleburg Sept. 1. 1651. If his Electorall High s of Brandenburg in his French letter sent heretofore by Monsieur Severin to the Princess Royall had reason to intimate what detriment the affairs of the Young Prince did suffer by reason of their mutual Disputes certainly here was more caus to regreet and rue it The Princely Guardians or Administrators notwithstanding did both underhand and overboard privately and publickly whatsoëver they could to withstand it They wrote Octob. 23. unto the States of Zealand That they were informed of the foresaid Considerations and Advice and that they were sent to the Members of the Assemblie as one of the points to be handled next Session And whereas the said advice was greatly tending to the prejudice of the Young Prince his Right belonging to him as Marquis and Lord of the foresaid Cities Therefore they in Qualitie of Guardians of the said Prince their respective Son and Son's Son Marquiss and Lord of those Cities had found themselvs obliged to caus the Right of the said Prince over the said Cities to bee carefully examined that thereupon
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