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
Reduction in his Government but to await the further Order of their Hi. Mi. Hereupon it was found good that Instructions should bee drawn up by the Council of State for the said Commissioners The former Proposition beeing forthwith printed and published there came out soon after these ensuing observations Som needful Animadversions upon a certain Proposition made in June 1650. within the Cities of Holland I. IT was not enough to make a Proposition to the Corporations or Councils of those places they visited but the same was likewise printed and thereby really insinuated and presented to all the Commons nay to all the world That which is spoken to every one may bee answered by any one Take it not amiss then I pray that in the behalf of the honest Commons of Holland I do say and maintein That none indeed is better able to foresee disorder and disturbance whereof the first member of the Proposition speaketh then hee that maketh and causeth the disorder and disturbance himself All the strangers Germans Brabanders French English coming into this Countrie wonder at the good order and policie that is in Holland and if that next to the blessing of God had not been the Land had been lost long ago and unless there bee yet order setled and mainteined especially in the Treasurie this good Province and Millions of Widows Orphans and other honest Inhabitants that have their monies out in publick stocks will bee undon This is so well known to all the Cities and members of Holland that it need 's no proof Sure in all Kingdoms Cities and Countries Peace is mainly made for that end to eas and disburthen the Commons How shall they bee eased or disburthen'd if that bee not taken off which the peace it self take's off and make's to ceaâ— The neighbor-Provinces especially Friesland Groninghen and the Omlands they know how to eas their Commons to som purpose The want hereof must needs draw along with it a decreas and diversion of Trade and people That the Cashiering made by the Lords of Holland happened not without foregoing and for above a twelv-month-continued communication advice and debate with his Highness with the Deputies of other Provinces with his Excellencie the Stadtholder and the Council of State the manifold Resolutions Negotiations Messages Letters and other Acts can testifie That the power of levying and disbanding or reducing of Forces should bee given up to the Council of State the same is contrarie to the first Article of the Union where every Province declare's they will keep and maintein each one's respective Soveraigntie and contrarie likewise to the 32 Article of the Instruction of the Council of State set down hereafter II. And therefore that is untrue which is said in the second Section III. It is no change then no breach nor dissolution but a punctual observing and mainteining of the Union Artic. 5. what the Lords of Holland have don Under the very Kings and Monarchs their Subjects much more the States and Parlaments have and maintein a proprietie still and a free disposing of of their purses goods and possessions If the King would have ought of the Inhabitants it must bee don by way of entreatie not threats and forcing The very word Beden used in Braband plainly implie's thus much it happeneth frequently nay every year in Brâ—band Flanders and other Spanish Countries that the King praying in that kinde is paid with a flat and down-right denial In Braband it is a thing known in the streets how much more then in these Provinces where the States themselvs are Soveraigns now ought it to remain in their free power to consent and yield or not what is prayed in the Councils Petition who themselvs are in Service Commission and swoâ—â— to them there is no year but the States are prayed and entreated for the continuance of the State of war that is to say of all the Armie And verily in the midst of war the States had power and freedom to continue or discontinue the same as likewise several other incidents of Leaguer-charges of Subsidies to the West-Indie-Companie of casting Ordnance of lodging-monie of buying ammunition paying for Fortification c. In the midst of war many thousands have now and then by greater and lesser parties in Regiments and Companies been discontinued Holland as more interessed in it alone then all the rest hath alwaies brought in the weightiest portion and therefore most concerned in the good order and managing thereof as also beeing here in loco and best acquainted with the affairs of the Generalitie hath alwaies been the readiest and forwardest to observ and shew what charges were useless and fit to bee forborn The like Disbandings and Reductions or Discontinuations have been practised in the very height of our wars as immediately after the loss of Breda 1625. and afterwards after the Reduction of the Bosch in 1629. and of Mastricht and further in the years 1640. 1642. 1647 though I say wee were in war still Holland going before the rest of the Provinces followed not as if Holland thereby sought or arrogated a special Prerogative unto her self above or over the rest but onely doing that which all the others might have don viz discontinuing their consent beeing commonly the first for that they are in loco and can alwaies bee the readiest and this condition of theirs beeing wholesom and advantagious for the other Provinces Holland in all reason should have heartie thanks rather However if the other Provinces are pleased to continue charged it was left to their freedoms although it was never seen but the rest of the Provinces would alwaies in this point follow the laudable pattern of Holland and hitherto it succeeded well Beeing now in peace what reason is there that wee should not discharge things useless and unnecessarie I see no need wee have of continuing entertainments to Governors Colonels and a numberless companie of other Camp-Officers There is no need of it That Captains Commanders c. go all bedaubed and besmeared with gold and silver upon their clothes whilest the poor Commons are glad to feed on a piece of drie bread and must often carrie their children supperless to bed It can bee no good advice to entertain strange Forces or Troops and Souldiers of Forein Nations When Kings and Princes bring in such it is a shrewd sign they intend to tyrannize or to introduce an absolute arbitrarie Government Do not wee see now at this time that Scotland though threatned and in danger by England yet will not suffer their King to bring in there any strange Forces and so it is likewise every where els Nevertheless for such Supernumerarie and Forein Souldier's sake at Utrecht Reenen Wagoningen Arnheim Campen Deventer Swoll Dort Delft Rotterdam Shiedam Tolen Ziricksea der Goes Lewarden Franecker Harlingeen Bolsweert Sneeck and many other places for the great entertainments sake of Colonels Lievtenant-Colonels c. which were not in use in the hottest times of all the war for it
beeing themselvs also without the Government and therefore unprejudiced might best bee able to judg of them or if this should bee excepted against that there might bee called and Commissionated som of the ablest most experienced and discreetest States men who beeing well acquainted with Questions daily arising in Government and knowing that in matter of State and Policie the waie of Accommodation is usually more safe and expeditious then that of rigor in Law they might per-adventure bee emploi'd thereabout more fruitfully or if these persons also as having som part or share in the Government either directly or indirectly cannot bee held impartial and free of prejudice that the Differences bee submitted to som of the friends and Allies of the State such as are most concerned in the preservation thereof Desiring that upon all these proposals they may distinctly understand your Hi. Mi. wise considerations and that by this solemn convocation effectual order may bee settled in this behalf Touching the third point viz that of Religion the States of Zealand assure themselvs your Hi. Mi. will evermore continue holily and sincerely to maintein that precious pledg by God Almightie put into the hands of this State from Heaven and by their common Forefathers and Successors hitherto with the hazzard and loss of so much blood and treasure preserved among us Nevertheless their N. M. most affectionately desire your Hi. Mi. would bee pleased upon this occasion anew to declare That they are resolved not onely to maintein the true Christian Reformed Religion so as the same is taught now in the publick Churches of this Land and hath been elucidated by the Synod held at Dort But likewise never to suffer any alteration to bee made therein and that the said Religion shall bee protected and vindicated by the armed powers of the Lands as in every Province apart by themselvs so by the Generalitie in the Quarters resorting under their Command against all disorders or offences whatsoëver That likewise for the further preventing of all considerable prejudices the Sects and Separate people in Religion which are secluded from the publick protection and onely connived or wink 't at shall bee kept in good order and quietness and limited against all exorbitancies and under express caution and clauses that they shall bee tolerated no where els but in those places where now they are at present That for refraining of the publick Exercise of the Romish Superstition and remooving of whatsoever hath dependance thereon the publick Ordinances of the Land shall bee executed punctually without any composition or connivence forasmuch as experience hath made it manifest that for want of such prompt and readie Execution whether it came through remissness of the Officers or otherwise not onely the Government it self hath suffered much in their Honor and Reputation but the diseas also is grown from ill to wors so that the libertie of the Papists which according to the privileges of the Land cannot bee denied them in what concern's and regards their Consciences and Opinions in matters of Religion that therein they may not bee questioned nor any waies molested is by little and little degenerated into an open licentiousness and stoutness insomuch that they are not shie to set up formal Hierarchies and actually by concurs of armed men to oppose the lawful endeavors of the officers of Justice in the very face of Justice and the Higher Powers of the Land themselvs to the great prejudice of the true Reformed Religion the sad grief of all the upright professors thereof and the joie and exultation of all disaffected thereunto which might at last occasion very troublesom effects and what advantage may thereby bee given in particular to all that are ill-affected to the State for attempts upon it your Hi. Mi. are best able to judg the consequences thereof would prove so much the sadder and more dangerous in that they would light upon none more heavily then the best Patriots that is to saie those of the Reformed Religion on whose faithfulness this State reposeth with most securitie Wee are not ignorant neither Hi. Mi. Lords that many Princes and Common-wealths are allied together for mutual protection notwithstanding their manifest difference in Religion And that likewise the discrepancie therein doth not hinder their living together in confident Unitie But as there is no sure arguing from the Examples or natural constitutions and humors of one Nation to the other so doubtless though the same may safely bee practised with other confederates and is at this present yet here in this Countrie it is not onely unprofitable but prejudicial and ruinous in the highest degree beeing that the most principal Bond of this Government is the foresaid Reformed Religion the Flower of the Inhabitants thereof to wit all the persons making profession of and beeing well-affected to the said Religion are thereby inseparably enclined and engaged to mutual Unitie and to the common interest of the State And whereas likewise Hi. Mi. Lords it is evident that the Number and Boldness of the said Papists doth very much encreas by means of the bad Instructions and impressions which the good and plain Inhabitants of this State are possest withal by Popelings Priests and other pretended Ecclesiastical persons which daily in great numbers arrive into these parts out of the King of Spain his Territories The States of Zealand are desirous that Provision bee made against it as well as may bee For although it is agreed unto of this side by the Treatie of peace that the Subjects of the said King in General may convers and negotiate in these Countries the same seem's nevertheless not applicable to the foresaid ecclesiastical persons or Clergie-men First by reason of the Resolution taken upon the preliminar points to bee observed during that peace wherein it is plainly set down that the Ordinances made against the Papists should bee executed according to their form and contents in which Ordinances there is an express penal prohibition of the coming of such Ecclesiastical or Clergie-persons into this Countrie Secondly becaus that the said pretended Ecclesiasticks generally do maintain as the Plenipâ—tentiarie Ambassador of the King of Spain at Munster themselvs alleged that they are none of the said Kings Subjects nor subjected to any secular power but onely to the Pope of Rome wherefore also the Provision of the foresaid Treatie of free resort howëver couched in general terms cannot bee extended to their advantage As likewise in the third place the same is evinced by the interpretation and practice of several other Princes and Potentates who notwithstanding their friendship and alliance with the said King whereby his Subjects in general are denied no access nor commerce in their Countries yet suffer no known Clergie of his to com and covers there which interpretation agree's likewise with the Declaration of the Lords the Ordinarie Deputies of the Generalitie plainly expressed in a Certain Ordinance of theirs made for that very purpose and observed to
such Regiments and Companies of either Foot or Hors as shall by repartition bee charged upon the Provinces and do receiv their Commissions from them provided onely they take the Oath of Fidelitie to bee true to the Generalitie As likewise that the disposing of the Commâ—nderies Major ships and the like câ—arges coming to bee vacant in the Towns and apperteining Forts of the respective Provinces shall remain to the respective States where they happen to bee vacant to do therewith as shall seem good unto them Moreover that the Deputies or Commissioners of the respective Provinces to bee appointed as is aforesaid shall have the chief autoritie over and managing of the Sea affairs with the advice of the respective Councils of the Admiraltie and in a word power to do whatsoëver otherwise a General of this State by Sea and land upon incident occasion and emergencies of trouble and danger is warranted and commanded to do until such time as the joint Provinces shall bee agreed about a General for the service of this State By which occasion the Lords of the Citie and land do present to your H. M. whether it is not highly necessarie and mightily important for the service of this State especially in regard of the great exigencie of secret Correspondence or Intelligence that the same Generalship bee taken into consideration with the first opportunitie and that for this end there bee first and formost drawn up and settled a pertinent and rational instruction for that Charge and Dignitie And in case your Hi. Mi. inclination herein should light upon the person of â—the new born Prince of Orange that this State may bee provided with a Lievtenant General whereunto God hath preserved as their N. M. are confident very Capable Persons of Illustrious Familie such as have very well deserved of this State Your Hi. Mi. know very well that in times of Peace one must bee mindful of War and that sudden cases and accidents suffer no long deliberations of several Counsels and may bring irreparable dammage to the State And forasmuch as it is to bee feared that during these difficult and most important Deliberations this State will suffer in their Commerce at Sea the principal sinews of the Land inestimable prejudice in their reputation and credit and an irrecoverable flaw in their Autoritie unless there bee in the interim som vigorous means taken in hand against it Your Hi. Mi. are desired to consider and weigh well whether the affairs of the Admiralties so much out of order together with that of the West-Indie-Companie near utterly decaied ought not to bee most seriously look'd unto and the said Companie even during these Deliberations instantly and extraordinarily relieved as to the principal and put in state and condition again of useful subsistence Those of Utrecht put in likewise at last their following Declaration to shew what Considerations they had who together with Zealand and Gelderland made it appear they held it needless to have a Stadtholder and Captain General passing by the matter or leaving it untouched Inclinations and Considerations of Utrecht High and Mightie Lords AS the caus of this Great Assemblie and Solemn meeting was sad by occasion of the unexspected Deceas of his High s the Prince of Orange of immortal memorie so it is comfortable again and very prais-worthie that the United Provinces agreed all so unanimonsly to assemble so strongly here for to consider with mature Deliberation of Counsels and mutual Communication how the fourscore years structure of this Republick so wisely and excellently devised and founded by our Forefathers may bee kept standing and strengthened more and mores wherein the pious zeal of the Confederates is very remarkable and laudable every one shewing himself so ready and forward to put his helping hand to the underpropping and upholding of the said antient structure Now as wee seldom see Bodies attein to any great age without som sickness and diseases and those though recovered yet commonly leav som weakness behinde so very great and good care must bee had least the Bodie of our Government fall into any relaps or new diseas and that fit preservatives and remedies may timely bee applied against them And whereas that which is necessarie for the Conservation of this Bodie may fitly bee referred to three main points viz. the Religion the Union and the Militia the Lords the States of the Land of Utrecht have thought good to laie open their inclinations upon each of them in particular and accordingly to present unto the aforesaid Grand Assemblie of the United Provinces these ensuing Considerations Upon the point of RELIGION I. Their N. M. should hold it needful and expedient that the respective Provinces should declare each of them that they will keep and maintein stedfastly no other but the true Christian Reformed Religion so as the same is taught at present in the publick Churches throughout these Countries and was elucidated and confirmed by the National Synod at Dort A o 1619. II. That the said Reformed Religion shall in each Province apart and in the Generalitie's behalf throughout the respective Quarters resorting under the Command of their Hi. Mi. bee mainteined by the power of the State of the United Provinces without suffering the least alteration to bee ever made or allowed in the same Religion in any sort or manner by any whosoever III. Item that the Sects and Separatists beeing secluded and shut out of the publick protection and onely connived at may bee kept in a regulated order and quiet branding them against all exorbitancies and likewise that such Sects and Separates shall bee permitted and suffered no where els but where they are winked at and tolerated at present IV. And that in like manner the Ordinances published heretofore against the Roman Papists shall bee and remain firm and stedfast and bee observed in their full virtue and vigor causing them to bee punctually executed according to their tenor without any connivencie or dissimulation and strictly obliging the Officers to the performance V. Framing withal such orders and expedients against the licentious coming into these Countries of Roman Clergie-men and persons in Orders as can bee made without the least impairing or prejudice to the Treatie of peace VI. That the Ambassadors likewise and publick Ministers of Forein Kings Princes and Potentates bee held to this not to suffer or permit that within their Houses or habitations there bee made any Sermons preachings or other administrations of religious worship in ihe Netherlandish tongue but to take order that the same bee don in the respective languages of their Lords and Masters and besides That neither to the exercising nor the assisting of the foresaid Services there bee emploied or admitted any other person or people but those and such as particularly and properly belong to the familie and train of the said Ambassadors and publick Ministers VII And lastly That the wholsom Resolutions and Decrees taken and past at the Generalitie for the introduction of
that which is urged out of the word provisionally or by provision inserted in the IX Article is in truth to small purpose first for speaking but of particular cases secondly for that in those very cases the difference is to bee referred to the Lords Stadholders by provision till it shall bee otherwise ordered by common advice of the confederates Uâ— Articulus IX expressè habet cujus prior explicatio etiam ad hunc posteriorem casum pertinet quia nulla diversitatis ratio potest dari vel alia commodior explicatio adduci So that however no Province can bee deprived of this provisional Remedie nor the cours altered but by common advice forasmuch as the Stadholders are to do or administer Right in the rest of the Cases besides the forenamed in a principal manner and at last cast As for the distinction betwixt the Office of the Stad-holders and the Persons thereof taken from these words of the IX Article now beeing to pass by the contradictorie terms of debate the same savoreth more of acuteness then of probabilitie and is partly literal and contrarie to the meaning intent and design of the Confederates which without all question was no other but that the questions hapning to arise from the foresaid causes might aswell bee accommodated and decided by the subsequent Stad-holders as by those that were beeing at the time of making the Union there beeing the same ground and necessitie for either namely by provision till it should bee otherwise order'd by common consent and advice which was never don to this day And besides it is plain that the foresaid IX Article treat's onely of the foresaid particular cases and that the XVI and XXI together with others formerly alleged speak generally and indistinctly of all the Stad-holders aswel to com as present as likewise in a special case mentioned without the foresaid occasion it was but lately understood by your H. M. by the Resolution of August 18. 1650 which referrâ—th the particulars therein mentioned to the decision of the Stadholders or Stad holholder of the Provinces at that time with reflection to the Union and all the parts thereof The rest of the foresaid debate consist's in too too large an assumtion of the alleged interpretations impertinent consequences refutations of imaginarie objections conceited limitations of the office of Stadholders and the like which are sufficiently defeated by the foregoing arguments and explication so that the Deputies shall not need to repent any for to applie them to each point in particular Their N. M. the Commissioners of Friesland declaring herewith that they have no other aym in all this deduction but in the uprightness of their hearts zealously to maintain the common caus and to contribute their utmost for the conservation and setling of the State beeing not able to think on change and alterations without fear and trembling The admitting of one drawing along with it a great many others and very seldom any good success considering withal that this State hath found so much benefit by the former way of Government in regard whereof the United Provinces have good reason to mindâ— what was said of Rome Moribus antiquis res stat Romana virÃsque In prosecution and remembrance of what those of Zealand had propounded against Corruptions and receiving of presents the Lord Jacob Vett presiding for Zealand at the Assemblie Febr. 22 hee moved to their Hi. Mi whether for those reasons and motives largely then deduced and insisted on by him they did not â—inde good forthwith to order by express Resolution that such of their Hi. Mi. Deputies or Commissioners as should henceforward bee emploied to enter into and make any Treatie in the behalf of this State with Ambassador or other publick Ministers of forrein Princes Potentates and Republicks should bee obliged before they enter upon any business of that kinde to take such an oath mutatis mutandis as the Lords their Hi. Mi. Extraordinarie Ambassadors and Plenipotentiaries for the General Treatie of Peace at Munster had solemnly taken before their going thither according to the 9 and 91 Article of their Instruction Hereupon it was next daie expressly resolved That all such as should for time to com bee emploied in the behalf of this State for to make any Treatie with Embassadors and other Ministers of forrein Kings Republicks Princes and Lords shall bee bound by solemn Oath to promise and swear that before the beginning of the respective Treatie they had neither taken noâ— enjoied and that during and also after the conclusion of the Treatie they would not take nor enjoie any Gifts or Presents directly or indirectly in any manner conceivable or unconceivable but that on the contrarie if any gifts were presented them before the beginning of the foresaid Treatie or should bee presented them during or after the conclusion of the said Treatie they would with all uprightness and faithfulness and as soon as possibly might bee without any delaie give notice thereof to their Hi. Mi. under pain of infamie and such other punishment as the condition of affairs should require And that they shall likewise bee bound to swear That they will â—eprightly and faithfully follow their Instruction and the Resolution relating thereunto and contribute whatsoever shall tend most to the furthering thereof and contrarily to decline and oppose themselvs to whatsoever shall bee practised to retard or prejudice the same This same daie it was likewise found good Letters should bee writen in friendlie terms unto the Province of Groninghen and the Omlands that they would bee pleased to send their Deputies hitherwards to help together with the rest of the Provinces to resolv upon the important deliberations none beeing absent of the Principal Members but they Since that there past som daies wherein nothing was don in matters relating to the great Assemblie there beeing presented before them howbeit contrarie to the former intent and appointment of the Assemblie the business of the West-Indies the Ratification of the Danish Treatie The Complaints and Counter-complaints of Spain and France Whereupon the Ambassador of Spain the Resident Brasset and the Roial Swedish Commissioner Appelboom had successively and respectively Audience in the Assemblie All which not relating to our present purpose wee pass over here Holland it self grew cool in pressing the business of the Militia whether it were that they would staie for the arrival of the English Ambassador to caus jealousie in the other Provinces that Holland and Zealand alone if need were could so settle their affairs with England that the rest of the Provinces should bee fain to accommodate themselvs with Holland's desires of their own accord or that Holland and Zealand having now declared their minde and purpose they would give â—acitly so much to understand that they intended not to communicate the autoritie over the Militia in their paie any further with the rest then according to the project of assigning the limits and distinctions of the Companies and to leav it
Articles agreed upon among themselvs That the King ought to reduce under his obedience the Cities and open Countrie taken by the Enemies and join them to the Provinces again to which they belonged not suffering in any wise that the contracting Provinces should bee rent or torn asunder at any time the one from the other It is confessed indeed that after the loss of Antwerp in the year 1585. Richard of Merode Lord of Oirschot the Lord van Poderlo van der Werck and van der Menlen Deputies of Braband in the Generalitie taking their leav or farewel from the Ordinarie Assemblie of the States General made this request That the Lords the States would bee pleased to take that care of the remaining Cities of Braband that they might bee dealt with conformably to the Privilege of the said Countrie But those foresaid Deputies beeing swai'd by their particular interest were charged with no such thing by their Principals and therefore could not draw any prejudice thereby upon the Rights of the rest of the Nobilitie Gentrie and Cities of Braband which continued in the Union and afterwards were again reduced under it Whereupon followed that Counsellor Bruyninex beeing appointed by Prince Maurice and the Lords of Lockeren Sonsveld and Tameren did in the years 1586. 1587. 1588. both in their own behalf and that of the other Nobilitie and Gentrie together with the Deputies of the Citie of Berg op Zome seek and solicite as well by writing as word of mouth That without impediment they might govern and administer their State in particular and that in matters touching the Generalitie such as are the consent of Subsidies for war the framing out and collecting of Imposts the appointing of Licences or free passages augmentation of services and the like they may have such a part and cognizance as those of Braband which are under the Generalitie ought to have by virtue of the Common Union Upon which Motions and Desires after several Communications both before Commissioners of the States General and at the Assemblie it self their Hi. Mi. were pleased at last to declare That in this posture and condition of Braband They could not acknowledg or hold them otherwise then their Associates and not as States of Braband And by an Act of that year 1588. Prince Maurice of happie memorie was appointed Captain General over the Cities Forts and Forces in Braband And the Council of State Autorised provisionally to govern and direct all matters regarding the Government of Braband in the Name of the States General in respect of the State of Braband for that time without prejudice to the States of Braband beeing of this side and to the Citie likewise of Berg op Zome with this promiss annexed That in case hereafter there should bee any Treatie set on foot about a General Peace or transportation of the Soveraigntie of the Lands in general then the foresaid Nobilitie and Gentrie of Braband and the Governors of Berg op Zome should bee summoned Which beeing promised them in regard but of one Citie what consideration ought there to have been of the present State of Braband whenas not onely one Capital Citie or Metropolis but other Considerable ones likewise are reunited to the Union which formerly had Writs sent them to com to the Assemblie of the States and accepted of the Union During the above said sollicitation Prince Maurice had in the year 1587. put and autorised som to bee Counsellors of Braband in matters of justice who were to administer the same in several parts and relations till in the year 1591. the States General of the United Provinces instead of a Chancerie and Fief-Court appointed a Council of Braband under this Declaration That having taken into their special Consideration how the Countrie the Nobilitie Gentrie Cities Liberties Villages and other Inhabitants of Braband which remained in the Union of the Netherlands and those which were afterwards reduced or yet might bee through the blessing of God might bee governed in good order policie and Justice They ordained c. without impairing or prejudicing the Privileges and Rights of the Land of Braband and of the Nobilitie Gentrie Cities Liberties Villages and the Inhabitants thereof Afterwards in the year 1600 when by the States General there was introduced at Berg op Zome and Breda a higher raising of the general means and complaint presented thereupon in these Cities behalf shewing That the said Cities for matter of means contributions and the like burthens were not dealt withal according to their old Rights and Privileges of Braband the said States General declared thereupon That they judged the Remonstrants ought as members of the Common Union bear the burthen together with their Neighbors and if thereafter there should bee occasion of any high or new raising of means they should have Writs sent them first to com to the Assemblie of the States General with the same autoritie as they should have in those matters among the States-Assemblie of Braband if the same could bee formed in due maner In this foresaid State and Government did the affairs of Braband remain notwithstanding That their state and condition was much strengthened and enlarged from time to time through the Reduction of the Cities of Breda Steenbergen Grave the Bosch Mastricht c. insomuch That the State of Braband holding it with the United Netherlands consist's at present in six strong and walled Cities besides Mastricht and divers others belonging thereunto and therewithal an exceeding great District of open Countrie full of liberties villages and Habitations resorting under it extending it self to 30 leagues in length and 10 more in breadth and making up the greater half in ground of the whole Dukedom of Braband Before the troubles those of Flanders in the Beden petitionings and contributions were commonly taxed with a third part of the general sum which was asked and granted throroughout all the Netherlands Braband with a fourth part Holland with a fourth part of the rate of Flanders But Braband beeing impoverished by the warr and Holland with the other United Provinces enriched shall the hard fortune that those of Braband were expelled and banished for the common caus their Cities forced taken and plunder'd by the Enemies c. Bee the ground and reason of forfeiting their Libertie From all which resulteth and appeareth sufficiently that the Netherlands though divided and separated the one Province from the other do constitute or make up but one bodie beeing allied together equally atque aequo foedere and so that none of them hath any right of Superioritie or Dominion over the other for confirmation whereof may bee alleged that which Prince William of Orange of happie memorie and the State of Holland and Zealand writing in the year 1573 to the King of Spain do expresly say that the Netherlanders having formerly been under several Lords were afterwards reduced together under one head of the hous of Burgundie allied thereafter with the hous of Austria and at last with
the King of Spain nevertheless alwaies with this express reservation and limitation that the same land and each Province apart should remain and bee maintained in their own peculiar Policie Rights and liberties wherein they had continued from all antiquities so that the one Countrie or Dominion should pretend no Right or Seigniorie over the other to disposess the same in any kinde of it's Rights and liberties but they should bee obliged and engaged each to other in concord and equal Degree By the Union of Utrecht the Countries engaged themselvs together as if they were but one Province namely in that they might not bee separated but wâ—re bound to help and assist one another without inâ—ringing or impairing nevertheless the special and particular Privileges Liberties Exemtions Rights Statutes laudable and well-maintained Customs Uâ—ances and any other peculiar advantages of any one of the Provinces or particular Cities Members and Inhabitants thereof Now where there is such an Union it may well bee questioned whether the one Member ought to exalt it self over the other by reason of his prosperitie and power They make up all but one Bodie to the preservation whereof each Member hath chearfully contributed its part for if one hath afforded more means the other hath protected and defended the Rivers and passages the third hath hazarded his Countrie and lost his Cities with standing it out to the utmost against the Common Enemie The Illuâ—trious Princes of Orange of happie Memories they have contriâ—uted thereunto their wise and couragious direction and Conduct and hazarded their persons lives and estates thereby and thus every one hath brought and contributed somthing of that which was requisiâ—e and necessarie for the forming and framing of the Common State The War never bâ—gan betwixt the Netherlanders but was undertaken by the Netherlanders against the Spaniards This is that the Letter of the Nobilitie Gentrie and Cities of Holland written to the States General of the Provinces assembled at Brussels under Date of Sept. 12 1573 drive's at saying Wee do hope that you shall never bee able to forget the chearful and friendlie faithfulness which in former times wee alwaies did and still do bear one to the other iâ— beeing our dutie before both God and Men and wee for our parts beeing still resolved and ready for it Do but remember it beeing the very truth that wee do not wage War the one against the other for wee never offended one another neither in great nor small concernments but all our strife and War is onely and mâ—erly against the Government of forrein Nations The Confederacie of the Union of the Netherlands is Offensive and Defensive for ever and alwaies against al and every one who or how qualified soëver they may bee that shall attemt actually to infringe the special and particular Privileges of the Countries insomuch that the chiefest condition of the Union among the rest to maintein the Countries in their Rights one of which without all peradventure must bee the Government for the Union was made for their advantage and not for their dammage The King of Spainâ— caused offers to bee made at the Treaties at Breda of Cullen and at all others since That hee would keep and maintein the Countries both in general and in particular in all their Privileges Rights Laws and Customs so as the same had been before the Troubles and if any thing were changed and impaired the same should bee restored beeing made known In prosecution of which ground the States of the United Netherlands have often and at several times summoned the States of the Countries subject to the Spanish Government and among the rest in a certain Letter of theirs dated June 7. 1602 â—used these words Onely wee do still most friendly desire exhort and entreat you seriously to reflect upon the prais-wâ—rthie reputation which you and your forefathers have gotten to themselvs for som hundred of years and left the same to us upon record for a rule that still wee should bee upright Defenders and Protectors of the Rights and Freedoms of the Netherlands in general and of the Countries or Provinces the Members Cities and Inhabitants thereof in particular By waie of distinguishing the Provinces and Cities on this side joined together by a Common Union the Provinces and Cities of the Netherlands beeing under Spain are by this State called the Invaded Countries In the reduction of the Cities of Braband to the Union it was especially conditioned and promised that the Cities and Inhabitants thereof should be mainteined in their Rights Privileges and immunities The States General of the United Netherlands declared but lately by their Letter of March 14 last year to all the Cities of the Union That they had appointed his High s Prince William of Orange Captain and Admiral General over the people of War in service of this State for the maintenance of the Union the Right and Privileges of the Land the members and Cities thereof The States of Holland declared Febr. 19 of the same year concerning the Union That the Provinces are bound to assist one the other with life and goods and to abide together not suffering themselvs to bee divided and if this bee to bee understood of such which desired to bee under the Union and continue to desire the same The Nobilitie Gentrie and Cities of Braband have alwaies desired the same and declare hereby that they are constantly and extremely desirous of it By deputation of the States in the year 1586 Febr. 1. the Earl of Leicester was appointed Governor and Captain General of the United Provinces to wit of Gelderland Zutphen Flanders Holland and Westfriesland Zealand Utrecht Friesland together with their Associates And by the Act of that daie there were put into the hands of the said Earl the General Means of Consumtion or Revenues of Gelderland Flanders and associated Cities of Braband And in pursuance of the foresaid Commission the Earl made Oath to the States of the United Provinces and their Associates and the States reciprocally to the Earl in the name both of their own respective Provinces and the said Associates The States General of the United Provinces do address the Inscription of their Letters for publick Bid and Fasting daies and other things concerning the common affairs and and interest to the Cities of Braband on this side under the name of Associates And divers Cities of the United Provinces in their particular Letters to the Cities of Braband do design themselvs their Confederates Nay The Treatie between France England and the States General concluded ult Octob. 1596. import's expressly That the Ambassadors do in the name and behalf of the King of France and Queen of England and their Successors receiv and associate with the States General of the United Netherlandish Provinces to wit Gelderland and Zutphen Holland and West-Friesland Zealand Utrecht Friesland Over-Yssell Groninghen and Omlands together with the Gentrie Cities and Forts of Brabaâ—d those that were United then with the
States General And however hitherto the Government of Braband since the loss of Antwerp hath been exercised in the Name of the States General nevertheless the same is don onely by waie of provision for that time without impairing and under protestation of not prejudicing the Right and privileges belonging to the Nobilitie Gentrie and Cities of Braband as was formerly demonstrated And whereas the Wars through God's blessing are brought to an end now and the King of Spain doth by the Treatie of Peace concluded at Munster declare and acknowledg That the States General of the United Netherlands and respective Countries Cities and appertaining Lands are free and Soveraign Cities Provinces and Countries whom and their Associated Countries Cities and Lands the foresaid King shall neither now nor ever pretend the least unto neither for himself nor his Successors and Posteritie Therefore the Nobilitie Gentrie and Cities of Braband do confidently perswade themselvs beeing in the Union and Associates That according to the forementioned Concordates Confederacies Unions Treaties Promisses and Acknowledgments of Kings yea of the King of Spain himself They shall bee held by the United Provinces Confederates Sworn Allies Associates and Free States and not conquered invaded and subdued ones in wors condition then the Spanish Netherlands To their Hi. Mi. Lords the States General of the Vnited Netherlands THe Nobilitie Gentrie and Cites of Braband holding the side of the Union shew and desire That forasmuch as the war through God's blessing is com to an end now They Exhibitors may as Associates and Confederates of the common Union have Session and Voice in the Generalitie like other Provinces and that for the reasons alleged in the annexed Deduction Or in case That your Hi. Mi. could not as yet yield thereunto wee beeing perswaded they may That at leastwise the Exhibitors may without prejudice of the Rights of Braband govern their Province particularly contributing for the common welfare and Defens together with other Provinces such a Rate as by mutual agreement and equitie shall bee found fitting which doing c. High Mightie Lords THe Commissioners of the Nobilitie Gentrie and Cities of Braband holding the side of the Union presented in April 1646 unto the high mightie Lords the Deputies at the Generalitie a certain Remonstrance and Deduction hereunto annexed and thereby attentively concluded either to obtain Session and Voice in the General Government like other Provinces or at leastwise that without prejudice to the Rights of Braband they might Govern their Province particularly contributing to the common welfare and Defens such a Rate or Tax as according to the condition of the Countries should by mutual accord bee held fitting in equitie Whereupon there having been no Resolution taken by your Hi. Mi. the Exhibitors addressed themselvs to the No. Gr. Mi. Lords the States of the respective Provinces and propounded the same alternative conclusion to them who most of them after enquirie and mature Deliberation sufficiently agreed that the second member of the foresaid conclusion could not bee denied unto the Exhitors autorizing thereupon their Deputies at the Generalitie that they might treat with the Deputies there from the other Provinces about it And foresmuch as the United Provinces ate now extraordinarily met in a grand States-assemblie to deliberate about the most important Points for the establishing of this State and especially about the maintenance and full settlement of the Union The Exhibitors present themselvs with all due respect unto this most honorable Assemblie to reiterate the foresaid Conclusion grounded upon the Union and represent thereupon unto your Hi. Mi. That the Exhibitors have been and were every where without contradiction acknowledged Associates and Confederates of this State and members of the common Union as well by virtue of the Pacification of Ghendt de Anno 1576. whereof they of Braband had been the first Autors as especially of the neerer Union of Utrecht de Anno 1579. signed by them of Breda at Utrecht publisht in the Bosoâ— and by the rest of the Cities embraced and followed in States-manner That likewise None of the Exhibitors ever abandoned the Union but that the Cities of the Bosch Breda Grave and Steenberghen were by force of arms or domestick oppression and treacherie rent from the same with the good parties loss of goods and blood Berg op Zome and Willemstadt having alwaies remained in the Union as is more largely deduced in the annexed information That the forementioned Four withdrawn Cities have been delivered and reduced again to the Union by the help of the Confederates in conformitie to the Pacification and Union aforesaid And whereas the Foundations of the whole State doth mainly consist in the foresaid mutually made and firmly concluded Union and everlasting Confederacie And that consequently the same beeing aequo jure entered into the Members are bound not onely to assist one another with goods and blood but also if need bee to restore them in their antient Rights Liberties and Privileges whereunto it would bee è diametro repugnant that one Member should take upon him to exercise Superioritie and Domination over the other Therefore the Exhibitors negociating at present for such a considerable number of Cities and great district of Countrie conteining in ground more then the Moitie of all Braband offering to contribute according to their abilities to the common welfare ought not to bee excluded in any wise but fully to enjoie the effect of the Confederacie like unto the other United Members thereof The Exhibitors undertaking beside that by their direction the Means of Braband shall undoubtedly bee brought in to the best advantage and behoof of the Generalitie All this nevertheless notwithstanding beeing the Exhibitors are held and treated no better then invaded and conquered places suffering sufficient prejudice generally in all their Rights and Privileges as well in regard of administring Justice without their Countrie as the direction of their Civil Government and incoms They are confident your Hi. Mi. will for the reasons succinctly here alleged and more largely deduced in the Papers adjoined restore the said Exhibiters highly-wronged Right in best sort and manner or at leastwise let them enjoie the effect of the second Member of their conclusion Further Deductions and Informations of the Right of the Nobilitie Gentrie and Cities holding the side of the Vnion IT is universally known that the supreme power of the Serenissime Republick of the Netherlands consisteth in the States General of the United Provinces so called after the General Uniting of Ghendt and nearer Union of Utrecht whereon the same is founded For the preservation of good Unitie in the State upon the old and laudable principles and foundations of the first Government the Great Mightie States of all the Provinces caused to bee enâ—egistred Novemb. 16 1646 for an everlasting Remembrance That they were resolved to keep and maintein the foresaid Union among the Provinces as also the associated Countries Cities and Members thereof and now lately again at
Provinces whose Stadholders were not invested with the qualitie of Captain General over the whole Union wherefore also the Province of Groninghen and the Omlands were not content as all the rest of the Provinces in making their Stadholders Captains General by Commission but expressed besides in plain terms in the IX Article of their Instruction That the Stadholder shall likewise bee Captain General and the Chief-head note of the forces of Hors and Foot which at present are or hereafter may com into the said Province As also by your N. M. themselvs and the Lords of Holland and Westfriesland it hath been several times solemnly declared especially by the resolution of Febr. 6 1587 That his Excellencie Prince Maurice of immortal memorie who was then particular Governor and Captain General over Holland and Zealand and had no Commission yet from the Generalitie should have the direction and managing of the Militarie affairs by land in Holland and Zealand and particularly of besetting or garrisoning all the Cities and Forts of the said Countries with the advice of the States thereof or their Comissioned Council whence it follow 's that since the Voicing Provinces have neither by the Commissions to the Captains General of the Union granted nor by any other Act resigned or given up the foresaid Autoritie over the Militia and the direction of Militarie affairs That the successive Captains General of the Union could claim in that qualitie no power or autoritie in the world within the territorie of the Voicing Provinces Insomuch that the function of the Captainship General could bee exercised no where but in the Field or general Expeditions and without the resort or jurisdiction of the Voicing Provinces It is true indeed that our Forefathers in the beginning of the War found good following the example of the King of Spain and former Lords of the Countrie to appoint a Governor General over these Countries whose Autoritie withal extended within the limits of the Voicing Provinces even in matters of policie and justice it self in the highest Degree But having perceived afterwards by the sensible example of the Excesses committed by the Earl of Leiceâ—ter how easily so great a power may com to bee abused to the great prejudice of the Countrie and with extreme danger of the libertie and freedom of the people therefore our Forefathers bethought themselvs and resolved to mortifie the said charge of Governor General as also from that time ever since to this day the same remained thus mortified they having chosen into his place not a Governor General again but onely a Captain General whose power having in no kinde of way as is proved before extended within the limits of the Voicing Provinces as that of the Governor General had don and consequently onely over the Armie or Leaguers without the respective resorts or jurisdiction of the Voicing Provinces and beeing drawn forth into the Field All which appear's more fully by conferring the Contents of the Commission given by the Joint Provinces to the Earl of Leicester as Governor General with that which was given by them to the Princes of Orange as Captains General and you may bee sure that our prudent Forefathers would never have resolved for the choosing of a Captain General if their grievous War had not required an Armie in the field and the same beeing abroad compelled them by evident necessitie to provide a Chieftain for it However things beeing brought now thus far through God's gracious Assistance that the bloodie Wars are changed into a long-desired peace and consequently the forementioned moving caus is com to ceas thereby wee cannot otherwise judg but that the Charge which was grounded upon that caus is in effect by the cessation thereof to bee held exspired and mortified of it self wee beeing not able to see how where no leaguers are gathered a Captain General could bee made there over the Leaguers which are not or a Chief field-Commander where there is no field-Expedition Nor have wee ever heard of or met with any example that ever any Republick in the world reteined much less chose a Captain General in time of peace But on the contrarie it is well known that many well-governed Countries are wont to give Commission to their Captains General or Chief field-Commander onely for such a March or Expedition the same General in that case no sooner returning with the forces into their Garrisons or Winter-quarters but laying down again that Qualitie of his notwithstanding that the same Wars continue still in those parts and the Armie beeing to take the field again soon after must bee provided with another Chieftain The Duke of Alva was the first of all whom the King of Spain did constitute specifical Captain General over these Netherlands under the Government of the Duchess of Parma in the year 1567 in whose Commission bearing date ultimo Januarii of the said year the King of Spain expressly allegeth the motives and reasons thereof to bee the troubles and disturbances arisen in the Netherlands together with the necessitie of using the way of Arms as hee pretended whence it appear's and hee sufficiently shewed it thereby himself that in quieter times or peace the same should never have happened Upon all which arguments wee grow very confident that your N. M. apprehending together with us in these present conjunctures That a Captain General can bee of no use nor benefit at all to the United Provinces assuredly you will not now contrarie to the example of all other Republicks and even of the Netherlands themselvs and contrarie to the practice of all well-governed Nations press and urge the choosing of a Captain General to the dissatisfaction of your Confederates and those especially who in all times of trouble have been one Republick as one Bodie yea as one Citie together with your N. M. As after wee chearfully took it for a pledg and token thereof that your N. M. Deputies at the particular conferences with a Committee of our Lords lately met at the Haghe declared then That during the minoritie of the young Prince of Orange the choosing of a Captain General could well bee waved without any prejudice to the Countrie Nevertheless wee finde our selvs necessitated to declare that wee cannot finde it agreeing with reason nor consistent with the service of the Countrie that your N. M. Deputies seem to infer and urge withal viz. That a resolution should bee settled out of hand for the not choosing of any Captain General during the minoranitie of the said young Prince of Orange Nor that it should bee decreed the same Prince beeing com to age and judged fit by the most Voicing Provinces hee should then bee preferred to the Captainship general before all others Considering on the one hand that it could so fall out at one time or other by Wars or otherwise which God in mercie avert and protect these Countries from as that the condition of the Land should require it to proceed to the choice of a
under Seal apart and transmitted within the Ordinarie Letters provided there bee every such line mention made in the ordinarie Letters of the said enclosed secret one Which Secret Letters shall not bee opened but by a certain select number of the Commissioners successively to bee nominated and chosen thereunto out of every Province present together with the Secretarie and that the said Secret shall forthwith bee made known to the Ordinarie Assemblie unless it were judged requisite by the said Committee it should bee kept close yet for a little while and the Committee shall afterwards revealing the Secret declare their reason withal of the former concealment The foresaid Governors and Commanders of the respective Frontier places as also all other secret Correspondents shall in like form and manner address their Letters to the Ordinarie Assemblie of the States General whether they send them mediately under covert by a third hand or immediately and all such Letters shall bee opened and managed as was said before And to the end that the service of the Countrie may bee so much the better regarded and the foresaid publick Ministers the more fitted for it the Assemblie judged it requisite that the Committee to whom the opening of the foresaid secret Letters shall bee referred should likewise bee desired and autorized to transmit unto the said publick Ministers from time to time all the Resolutions and other necessarie points and informations as may stand them instead for the performance of their charge to best advantage of the State The Lords of Gelderland moved again this daie that som Resolution might bee taken about the consolidation of the upper Quarter of Gelderland and that the conferring of the Companies which formerly had been in the Prince's Disposition might henceforward bee disposed by the Generalitie but they obteined neither The first was referred to the Chambre my-partie agreed upon at Munster between Spain and the United Provinces the other business remained in the Disposition of the respective Paie-masters As for the Instruction for the Council of State the same was found good and resolved upon Julie 18 to bee decreed in manner as the same was drawn up by their H. M. Deputies in the Conferences Concilâ—â—torie and reported in the Assemblie on the 6 th and was likewise entered in their H. M. publick Registers save onely the 21 Article of the said Instruction speaking of the grant of orders upon som Declarations to bee dressed according to the last Article of the report made by the Lord Ommereun and other their Hi. Mi. Deputies for the Conference Conciliatorie Julie 25 touching the appointments or allowances for vacations and travelling charges of any of the Deputies at the Generalitie or Counsellors of State going in Commission from the Generalitie Those of Gelderland entered hereupon that they were not instructed yet in that behalf Those of Friesland and Groninghen with the Omlands declared they had given their consent upon ratification of the Lords their Respective Principals Instructions for the Council of STATE of the United Netherlands whereby the Counsellors thereof lawfully Commissioned and to bee Commissioned shall provisionally and till the States General do otherwise ordein guide and govern the affairs touching the State in general the defence conservation and Union of the Countries aforesaid I. IN the foresaid Council there shall bee comprehended and at all times appear have place and voice the Governors of the respective Provinces where now they are or may bee hereafter and matters shall bee handled deliberated and transacted in the said Council with all due reverence respect and modestie to the best advantage of the service of the said Countries the good unitie and friendship among the same their Cities and Members together with the mutual good understanding of the Lords of the Council among themselvs And the Governors of the respective Provinces and the President of the Council aforesaid for the time beeing are desired to take good care that all particular affections jarrings and impertinencies nothing concerning the matters and affairs there to bee deliberated may bee prevented and forborn II. Into this Council there shall bee chosen and admitted men qualified fit and versed in matters of State and beeing of the true Christian Reformed Religion such as the same is taught and preached at present throughout the publick Churches of these Countries and not beeing engaged by Oath pension or emploiment to any King Prince or Lords at home or abroad nor allied to each other unto the fourth degree of blood or second of affinitie according to the computation of the civil Laws and that without any dispensation also the said Counsellors ought to bee firmly resident in the place of their Assemblie III. And for the better direction and managing of all emergent affairs the same Council shall ordinarily assemble at Nine of the clock in the forenoon and at Three in the afternoon and the Counsellor shall not part or go forth without leav or knowledg of the Counsellor-President and they shall bee bound constantly to repair to the place where the Council shall bee emploied and appear at any time when they shall bee desired to meet except onely upon lawful excuses IV. The foresaid Council shall together with the Assemblie of the Commissioners in the Generalitie take good care that the Countries and United Provinces Cities and Members thereof may bee put and kept in mutual good concord according to the Union made and settled amongst them and likewise that all good correspondence bee enterteined between them and their Governors and Militarie Commanders as also between the said Governors and Commanders among themselvs V. And the said Council shall together with the Assemblie of the Ordinarie Deputies as before have and exercise the autoritie of disposing in Militarie affairs and over the Souldierie beeing in the State 's service taking according to the exigencies of things the considerations thereupon of the Field-marshal and other chief Commanders of War and causing their Commands to bee executed by the foresaid Governors of the Provinces for the time beeing the Admiral or other Officers and Commanders each within their sphere VI. Provided that the said Council do or attemt nothing that may tend to the prejudice of the Privileges Rights Freedoms Treaties Contracts Ordinances Statutes Decrees and Customs of the said Countries in general or any Province Citie or Member thereof in particular VII And the said Council shall together with the Assemblie of the foresaid Ordinarie Deputies at the Generalitie take care that the Frontiers of the State in general may bee beset or provided with sufficient garrison of several Nations and that the rest of the Souldierie bee divided and quartered as near as is feasible and occasions suffer into the next and most commodious places about the said Frontiers to the end that in time and case of sudden need as well within as without they may bee at hand VIII For which end the foresaid Council shall bee obliged the foresaid Assemblie of the
interpreted to the prejudice of the foresaid Cities and Inhabitants beeing guiltless of any such transgression or neglect nor they deprived of their Interest in the said rights and privileges but for their own Delinquencie Ninthly and most principally the same is ungainsaiably plain by the oft foresaid grand Charter given to those of Flushing and Veer respectively by Prince William of happy memory in the year 1574. The same first being not granted by or in the behalf of the Lord who then was the King of Spain but by his Excellencie in the Name of the said King as Earl of Zealand and the Earldom it self And secondly given not to the Lord nor in respect of him but onely upon request for the common good of the foresaid Citties in regard of their particular members And especially in the third place That it might serv them for a permanent law and constitution whereby the government of the said City should thenceforward be regulated and as neer as was feasible equalized as well in respect of divers freedoms and prerogatives as in regard of of the form of Government with the old free and privileged Cities of the Earldom The truth of which threefold qualification lying so evidently plain throughout the whole text and disposition of the oft-said Charter that none of any sound Judgment can at first view remain ignorant thereof much less contradict the same The rather for that his Excellencie as well in the Proêm and beginning as the upshot of all very plainly avoweth that hee doth it in the Name and behalf of his Majestie v z as Earl of the Land and in that Qualitie beeing his Stadtholder within this Province Without making any mention of the Right and qualitie which the foresaid King was then invested with in regard of these places beeing their particular fief-Fief-Lord As likewise that Qualitie could then not well have been made use of not onely by his foresaid Excellencie without special Order and Commission from the King as Lord wherewith it is known hee was not instructed then but also much less by the said King himself in regard that in the foresaid qualitie and simply considered as Vassals of the Earldom hee was well known to want the Qualification of any such Privileges which apperteined onely to the Prince or States of the Land or to such as by them are lawfully and solemnly commissioned and autorized thereunto The like power and autoritie was never committed to the Lords of Flushing and Veer in their Letters of investiture which readily appear's in the perusing of them Therefore wee see likewise that in divers other Privileges and Elections wherewith it pleased Prince William of happie memorie in those times to gratifie divers other Cities also both in this and som neighboring Provinces his Excellencie every where made use of the Name and Title of Stadtholder and as exercising the function of the Supreme Autoritie Whereunto is very appliable that his said Excellencie in the Proëme of the foresaid Charter saith withall to have don this with the Advice of the Council assisting him as also with the consent of the Rulers and Governors of the Cities which at that time chiefly represented the Sovereign Government of this Province and that in the Name onely of the Earldom And so likewise the Conclâ—sion at last whereby all high and low Judges and Officers are charged effectually to maintein the foresaid Magistrates and Inhabitauts according to the content and purports of the said Graces and withall that there is added at the close for such is Our pleasure which could bee used by none but the Sovereigns and States of the Land and can in no wise bee attributed to the power of any Vassal of the Earldom bee hee never so great and eminent Besides that the advantages and prerogatives themselvs also conteined in the said Privileges in the judgment of all understanding States-men are most of them of such a nature that they cannot directly flow from any other source but from the Earldom beeing so inseparably fastned to the disposition of the Sovereign Government that they shall never bee found to have been communicated by any Letters of Investiture to any Vassal from the Earldom As there are among other things Promises of immediateness protection confirmation of the antient Privileges Concession of Execution under caution of all sentences both interlocutorie and definitive beeing repairable and not exceeding a certain Summe the right of appealing omissio medio to the great Council the right of Calauge and Execution in matters of Justice as well Criminal as Civil to bee don by the Burgomasters in the absence of the Officers the erection of the Countrie 's Quadripartition under the managing of the Scout or Sheriff and Senators to bee appointed by the foresaid Cities Dismembring of the high Jurisdiction having apperteined of old to the cognizance of the Renomasters at Westerschelt freedom from Tolls and execution of Confiscations besides the Right of returning som of their Porteers which may bee elswhere criminally impeached and sundrie other prerogatives and examinations recited there at large And principally indeed that both the said Cities are thereby made and created integrating members of the Sovereign Government of this Province representing together with the other the States of the Land both of Zealand in general and of Walcheren in particular in that efficacie that they must be called to all Assemblies Communications Account-audites and all other transactings and affairs concerning the said States respectively and beeing present there have their Votes and Voices like the rest and as other States are wont to have Which singular and great Priveleges without all controversie not onely can bee communicated to the foresaid Cities from none other but the special free concession of the Earldoms autoritie the qualification and power of the Lord coming not into any consideration in these matters but likewise are granted to the said Cities in particular and peculiarly without any respect communication and interest of their Lords As the same doth evidently appear as well by the Text of the foresaid Charter throughout and the known practice ensued as from the presuppositions and intentions whereupon the foresaid concession by Prince William of happie memorie is said to bee made originally Considered that if thereby it might bee understood the same was granted them for the supplying in the States-Assemblie the vacant places of the Abbot and Prelate at Middleburg which nevertheless is constantly mainteined by the other Members of the Earldom that it could not bee or that the same was don in respect of their Contributions and the main interest which they together with other Cities of Zealand have in the conservation of their common weal yet neither of these considerations can bee made relative or applied to the intention of the Lords of these places so as to infer thence that in the granting af the foresaid Graces or Privileges there was som regard or reflection had to their Persons or condition For besides that in
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
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