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A59211 The sentence of the court of Holland, Zealand, and Friesland, against Mr. Simon van Halewyn ... and Robert de Pille du Plessis ... pronounc'd July the 31st. 1693 ... : containing a full account of the whole intriegue for the carrying on a peace with France ... : done out of the Dutch.; Sententie van den Hove van Hollandt, Zeelandt, ende Vrieslandtjegens Mr. Simon van Halewyn. English Holland (Netherlands : Province). Hof. 1693 (1693) Wing S2556; ESTC R21922 11,056 29

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THE SENTENCE OF THE COURT OF Holland Zealand and Friesland AGAINST Mr. Simon van Halewyn Burgher Master of Dort AND Robert de Pille du Plessis Emissary of the French King Pronounc'd July the 31st 1693. Containing a full Account of the whole Intriegue for the carrying on a Peace with France and the Project of it made by the said Halewyn Printed at the Hague by Order and Authority of the States-General Done out of the Dutch London Printed for Richard Baldwin near the Oxford-Arms in Warwick-Lane MDCXCIII Mr. Simon Van Halewiin 's SENTENCE WHereas Mr. Simon van Halewiin born at Dort and Burgher-Master Senior of the same place at present Prisoner in the Gate-house of the Court of Holland has confess'd without torture and being without Iron-Fetters that he went out of this Country last year about three Days after the Fight of Steenkirk to travel into Germany and Switzerland Partly as he says out of curiosity to enquire into the Present State of the Frontiers of Germany and France And Partly to inform himself if possible by Monsieur Amelot the French Ambassador in Switzerland of the King his Master's Intention concerning a General Peace in Europe That by both these Designs as he farther says he has had no other aim than to acquire more Knowledge and Experience by which he might regulate his Conduct to the best advantage of the Publick and to a fuller discharge of his Duty in the administration of the Affairs of his Country That the Prisoner being arriv'd at Solethurne in Switzerland had address'd himself to the foremention'd Amelot asking him 1st If he was able to give him any information of the King his Master's Intention about a General Peace 2dly If his Master was inclinable to deliver up some considerable Frontiers to secure the Spanish Netherlands and this Country That the said Ambassador had answer'd him to both in the affirmative but telling him also that he was not able nor impower'd to give him any Particular that this was work for a Treaty but yet if the Prisoner would be pleased to stay there some time then he the Ambassador would write to Court and give him certainly a positive Answer That he had replied That it was not convenient for him to stay there any longer to prevent several Reflections That the said Ambassador having ask'd him Who he was and if he had any Relations and Friends in the Government the Prisoner answered him That his Name was Simon van Halewyn that he was burgher-Burgher-Master Senior of the City of Dort and that he had a Brother who had yet a greater power in the Government That the said Amelot during their Conversation having ask'd him further What success he thought that King James might have had in his intended Descent in case the French had not been beaten at Sea the Prisoner answer'd him That it would have been a very weak Enterprize considering the general aversion the English had for King James That the Prisoner to refute some Arguments which Amelot had made use of to show how much this State ought to desire a Peace told him That it was true enough that the most considerable Families of our Country suffered very much by heavy Taxes as having great Estates in Land which carried the greatest Burthen but that the Merchants were very gently treated for the benefit of Trade that the Taxes on real Estates could cause at the worst but a change of their Masters which did not at all concern the State in general and considered in abstracto adding withal in order to the clearer proof that the present War did not lessen the Power of the State that although there were some losses in Trade on one hand yet that they were repair'd on the other by a considerable Sale of the Manufacturies and that it was certain that there were much more Ships built now than before the War That even their Losses at Sea did not incommode them very much since the greatest part of their Ships and Cargo were insured and that it was in vain to imagine that there was no difference if the Loss were sustained by the Proprietors or Insurers because the latter sufficiently repairs it by what they gain'd from Ships that safely arriv'd in the Harbour and that the result of all was that those who stood in need of the Goods were to pay a greater price for them These and several other Arguments the Prisoner avers that he made use of in order to exaggerate the power of the State The Prisoner says farther That the said Amelot having ask'd him if there were some grounds to hope that some of those that were at the Helm of the Government were inclinable to a peace he answered him that this did depend upon the particulars of the Proposals relating to it and that except some considerable Frontier places were delivered up to the Spanish Netherlands there was no true Dutch man who would not rather sacrifice the last Slyver he had than to think of a peace That after some other Discourse the Prisoner agreed with the said Amelot that he the said Amelot was to send him some body to let him know by word of mouth an answer of the two above mentioned Questions and that a printed Book should be sent to the Prisoner as a Token that the King did continue in his Inclination for a general peace and that a Messenger should follow That they had further agreed that the Prisoner as a Token that he had receiv'd the Book should send a Letter of Trade to one Handecourt living at Paris in St. Honore-Street at the Sign of the Arms of England which should also serve for an Advertisement that he was arriv'd in the Country That the Prisoner told the said Amelot that whereas he might perhaps make a tour into England it would be necessary to let him know what time a Messenger would be sent him for fear of his being disappointed and that to assure him the Letter came from Monsieur Amelot a certain Mark should be put upon the outside of it That according to these concerted Measures the Prisoner receiv'd last Harvest the said printed Book with two Letters of a different date one of which gave him notice that he was to receive the said Book and the other was accompanied with it That the said Letters were sign'd Finberlon which the Prisoner judg'd to be a fictitious Name that he shew'd them to no body and burn'd them a little time after the receipt of them That the Prisoner had sent a Letter to the said Handecourt of which the following Copy was seizd amongst his Papers I'Ay bien receu vas deux lettres datées de I' onzieme et quinzieme de ce mois je tacheray a faire vendre vos actions de Novembre selon les ordres que vous m'y donnez Je voudrols que vous me pouviez envoyer au plutost mon conte car il faut que l'ajuste icy mes Affaires avant que je puisse faire
in the Affirmative the Prisoner had further ask'd him whether he had any Proposals to make relating to a Peace That the said Halewyn had answered him as the Prisoner pretends that it was not time yet that the face of Affairs was chang'd and that the Prisoner must allow him some time to take some new Measures That he had thereupon ask'd the said Halewyn as he says if there was then no hopes left and if it was fit for him to depart Halewyn had answer'd him No but that he should wait some time to see if some favourable opportunity and some good Disposition in the State should offer it self That he had talk'd at several times and places with the said Simon van Halewyn and concerted within several Measures about this Affair That after their first enterview they had met at several times at the Voorhout a place before the Court at the Hague and that about a Month ago being come to the same place about Seven a Clock at Night according to the said Halewyn's Assignation the said Halewyn had told him That he had a written Project about him but that he had refus'd to deliver it to him nor to trust any body with it because he had writ it with his own Hand That the said Halewyn had carried the Prisoner to the Ouden doole where he had dictated to him the said Project That the said Halewyn had brought with him to that purpose some Paper but finding no Ink there the Prisoner had found himself oblig'd to write it into his Tables That the said Halewyn after having dictated to him the said Project had burnt the Original of it That afterwards the Prisoner having told the said Halewyn that tho they were in a Tavern that yet they had drunk no Wine and that people might very well suspect they were come thither for some other purpose than to drink the said Halewyn had pour'd out some Wine upon the Floor and into the Chimney That the Prisoner has sent the said Project in a Letter into France the 19th of February last the Contents of which are That to prepare things for a Peace it would be necessary to engage the King of Sweden to offer his Mediation about it to his Majesty of Great-Britain and this State That there should by no means be made any Proposals of it before they were assured that these Provinces were in a Humonr to accept it That the means to bring them to it were to endeavour secretly and cunningly to give a full prospect to those that had the greatest Interest and Authority with the Deputies of this State of the sad Consequences that would attend a further Continuation of this War to all the States in General and to each in Particular managing every body according to his Humour and Inclination That altho they were sensible enough of the Inconveniencies of the War that yet this was not sufficient but that it was necessary to gain some Deputies that would undertake to animate the rest by some bold Example That no body was more proper for it than the two Brothers Halewyn as being Persons of great Credit and of a competent Knowledge of Affairs That over and above the City of Dort who had the first Vote of all other Places might by her Advice and manner of proceeding teach others that were more timerous to despise the hatred of those that were not pleas'd with it That after the Two Brothers had been gain'd and the King of Sweden disposed to the offering of his Mediation that then the Memorial which was to be presented about it to the States-General should be concerted with the said Two Persons who best knew how to humour it That after this Memorial was presented to the States-General and receiv'd by the said Provinces and consequently brought into Holland that then the respective Deputies should take it into their Consideration except those of the City of Dort who should instantly declare that they had already embrac'd it that the other Deputies might acquaint their Principals with it That to this purpose it was necessary to gain the Eldest of the said Brothers by some Interest of Family and to render them Masters in the said City of Dort which being govern'd by a Commonalty might be easily appeas'd with words alone These the Prisoner says were the Content of the Project altho the said Simon van Halewyn expresly denies to know the least thing of it and that the Prisoner protests That Simon van Halewyn has always told him that his Brother had not the least knowledge of it nor that the Prisoner has ever talkt with the Eldest Halewyn or any other Person That the Prisoner has further declared to the Court That he has sent several other Letters to the Court of France relating to this Affair and especially one dated Febr. 13. 1693. by which he had inform'd that Court that Simon Van Halewyn had told him That the two Joint-Fleets were to be Reinforced by a Squadron of Thirty Men of War That altho the Prisoner had denied to have offered any Sum of Money to the said Halewin yet that he has confest That taking a walk with him at Abbenbroeck and talking about his Building he had said to the said Halewyn upon his own account only and by way of Compliment That the King his Master was rich enough to offer him a little Present to the promoting of his Building but that it seem'd the said Halewyn had made no Reflections on it That nevertheless the Prisoner had writ into France for Money and that thereupon he had been imprower'd by the French King in a Letter dated the 4th of March last which was intercepted during his Imprisonment to promise to Simon van Halewyn the Sum of Twenty thousand Crowns in case he could by his Credit and that of his Friends persuade the City of Dort to give such an Example to tho other Cities in Holland that thereupon a Peace might ensue All which being such Proceedings as in no Country where there is any Justice ought to be suffered as tending to the Destruction of the General Quiet and Tranquility of the State and the causing some Difference and Animosity if possible between the Confederates and this State and consequently deserving Punishment for an Example to others For these Reasons The said Court after a mature Deliberation and serious Examination of all Matters relating to this Affair administring Justice in the Name and by the Authority of the Supreme Magistracy and Lordship of Holland Zealand and Friezland has condemn'd the said Prisoner and does condemn him by these Presents To be carried to a secure Place where he is to remain Prisoner during this War and to be kept on his own Expences and does Banish him out of Holland Zealand Friezland and Utrecht without Liberty of returning thereto under pain of a severer Punishment declares all his Goods confiscated to the profit of the Supream Magistracy and condemns him besides to all the Expences