Texts concerning the Revolt of the Netherlands

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28 Articles by which Archduke Matthias was accepted as governor and captain-general of the provinces in the Netherlands, 1577 ¹

This document contains the conditions on which Matthias of Austria was accepted as governor by the States General on 8 December 1577, after they had declared Don John to be an enemy of the country.

i. The archduke as lieutenant of the king and governor of these countries shall take the oath to His Majesty the king as the supreme lord and legitimate prince of the Netherlands and also to the States General, to the welfare of the Netherlands.

ii. Similarly all other governors of provinces as well as of towns (where there may be governors, and usually were, in accordance with the privileges) and all colonels, captains, soldiers and officers shall take the oath to the king their lord and legitimate prince, under the governor general in the name of the king, and at the same time to the States General, to the welfare of the provinces.

iii. They, and the governor too, shall be bound to observe all the following articles, and especially to maintain each and all of the privileges, rights, usages and customs of the country and to restore, preserve and keep them inviolate.

iv. The governor shall govern the country with a Council of State, nominated by the States General, made up of men born in the country, capable and qualified, true to the country, without greed and ambition, detached, no longer driven by the passions raised in the party conflicts of recent years, wise and expert in the matter of policy as well as of war.

v. All matters which will be deliberated upon by the said council, shall be decided on and decreed by a majority of votes; the governor is not allowed to conclude matters within other private or secret councils.²

vi. If it should be revealed that some member of the said council or someone else who holds an important post in the gift of the king, does not carry out his duty as he should, appropriate measures shall be taken at the request of the States General.

1 Bor, Oorsprongk, 1, pp. 927ff.

2 A reminder of Don John's practices (see Document 27).

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vii. The king shall continue to make appointments to offices he has always been competent to make appointments to, but he shall be humbly requested to appoint capable and qualified persons who meet the requirements of article iv. All other remonstrances concerning these offices shall be remitted to the forthcoming assembly of the States General required by the Pacification of Ghent.³

viii. The said governor and councillors shall not come to any decision on important matters concerning public affairs such as requests for and levying of money, declaration of war or conclusion of peace, alliances and confederacies with foreign princes or countries and other such matters, without the permission and approval of the States General. Nor shall they issue any important edicts or decrees, or introduce any new customs or general usages, without the prior advice and agreement of the States legally assembled in each province according to the rules and, if required, even of the States General.

ix. The governor is obliged to communicate to the council all letters received which in any way concern the state of the provinces, in order that they be advised and resolved upon properly by means of a vote.

x. In the same council nothing shall be dealt with unless the greater part of the councillors are present.

xi. All deeds and despatches drawn up by the said council shall be initialed by one of the councillors.

xii. The governor shall restore according to the Pacification of Ghent and the Perpetual Edict all ancient privileges, usages and customs which can be proved to have been encroached on, violated or forcibly taken away or abolished.

xiii. The deputies of the States shall be allowed to assemble for as long as they think necessary for settling the affairs of the country, and the States General shall be allowed to assemble as often as they wish.

xiv. On an important matter which requires a general or common assembly, at the request of any one of the provinces, the other provinces may, nay must, also assemble without awaiting the governor's command, authorisation or permission.⁴

xv. In the same way the States of each province may assemble whenever they think it advisable.

xvi. The Pacification of Ghent shall be maintained in all its points and

3 See Document 23.

4 In 1477 Mary of Burgundy was forced by circumstances to grant the so-called Great Privilege which, contrary to precedent, authorised the States to meet on their own initiative. This however was withdrawn in 1494.

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articles without being encroached on or violated under any pretext whatsoever.

xvii. The governor shall have his ordinary guard of archers and halberdiers from the Netherlands, as other princes of the blood and governors of these Netherlands have had, and if he wants to increase their number for some exceptional purpose, it shall be done with the approval and advice of the States.

xviii. The governor and the members of his council shall on the advice of the States appoint the general of the army by sea and land, the admiral or general of the horse, the field-marshal and colonels and all of equal rank.

xix. He shall not raise any additional foot-soldiers or cavalry, nor garrison the towns, except with the consent both of the States and of the towns where the garrisons are to be sent, according to the privileges of the said towns, except in case of emergency.

xx. He shall not appoint a governor in any province without the advice and agreement of the province. The governor shall, if possible, be resident in that province or have estate and revenue there or at least his appointment shall be approved by the province.

xxi. In war time he shall take all important decisions in the Council of State enlarged with a Council of War. Only people acceptable to the States General shall be appointed to the said Council of War.

xxii. All revenues of the States shall be administered by the States and their commissioners. The demesne and finances of the king will continue to be administered in the usual way so that the royal authority will in no way be injured. If it appears that other measures are needed, this can be indicated now or in the forthcoming meeting of the States required by the Pacification of Ghent.

xxiii. The States may accept the proposals made by the neighbouring kingdoms and princes and the surrounding provinces and towns in case of need, notably if war has been declared. The governor shall uphold and maintain what the States have already accepted or will accept.⁵

xxiv. Those who took up arms against the States and the fatherland and sided with Don John during the recent disturbances, will be prosecuted by law. These lawsuits must not be prevented or delayed, so that from now on no one will dare to disturb the public peace and welfare. Only those are excepted who have asked to return or who can prove that they were deceived or forced by Don John against their will to support him.

5 Both Queen Elizabeth of England and the duke of Anjou (Henri III's brother) had offered their assistance to the States General.

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Their cases shall be judged by the said States General, provided they return within the time fixed and determined by the States General.

xxv. The castles which it was agreed should be demolished but which are still intact shall really be dismantled now. Decisions will be taken about the other castles or soldiers, who it is feared may serve to oppress the provinces, on the advice of the forthcoming meeting of the States General required by the Pacification of Ghent.

xxvi. In general nothing done in the past or in connection with the recent disturbances shall be investigated or made cause for reproof. All those matters fall under the first article of the Pacification of Ghent where they are said to be forgiven, forgotten and regarded as not having occurred,⁶ with the exception, however, of what is contained in the twenty-fifth article of the present treaty.

xxvii. His Highness shall maintain as good resolutions, without opposing them in any way, all that has been done, ordained or decreed by the States General since the departure of the said lord Don John to the castle of Namur,⁷ and the king shall be requested to be pleased to do likewise.

xxviii. The archduke shall also use all his influence with His Imperial Majesty, the electors and other princes of the Holy Empire that, to establish more tranquillity in these provinces, they induce by all means the king our sovereign lord to expedite the departure of the said lord Don John of Austria and all his retinue, and the reunion and restitution of the towns and places held at present by the said lord Don John. This the German princes are bound to do, for this country, together with the county of Burgundy,⁸ forms a circle of the Holy Roman Empire, and is thus under the protection of His Imperial Majesty as well as of the Empire.

xxix. Further, whilst His Highness is governor-general, he shall take no one into his service who is not a native of this country with the exception of the foreigners whom he has brought with him or whom he wants for his personal service if the States allow this. But neither they nor those who are already with him shall have anything to do with the political affairs of these provinces, nor aspire to any commission to office or interfere in public affairs or administration.

And if the said archduke after accepting the government on the said conditions comes to infringe any of these conditions, the States declare beforehand that they have the right to admonish him and, if he should not correct the infringement, to take up arms for their lawful protection against the lord archduke or others.

6 See Document 23.

7 On 24 July 1577.

8 See Document 19 note 8.