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Texts concerning the Revolt of the Netherlands (1974)

Texts concerning the Revolt of the Netherlands

(1974)–E.H. Kossmann, A.F. Mellink–rechtenstatus Auteursrechtelijk beschermd

Vorige Volgende

37 Treaty of the Union, eternal alliance and confederation made in the town of Utrecht by the countries and their towns and members, 29 January 1579 1

The treaty of the Union was signed on 23 January 1579 by Count John of Nassau as stadholder of Gelderland, and by delegates from the provinces of Holland, Zeeland, Utrecht and the Ommelanden of Groningen. Friesland, Overijssel and Drenthe held aloof for the time being and the towns of Flanders and Brabant did not accede until later (Ghent on 4 February 1579). The prince of Orange, to whom the idea of a general union was of paramount importance, did not join until 3 May 1579, when it was certain that the Walloon provinces united by the Union of Arras (6 January 1579) would soon make peace with the duke of Parma and the king.

It is clear that since the conclusion of the Pacification of Ghent, according to which nearly all the provinces of these Low Countries undertook to assist each other with their life and property in driving the Spaniards and other foreign nations and their followers from this country, the Spaniards as well as Don John of Austria and more of their leaders and captains have sought and are still seeking by all means in their power to bring these provinces wholly or partly into subjection under their tyrannical government and into slavery. Through force of arms as well as through trickery they are trying to divide and dismember them and to annul and subvert the Union set up at the Pacification so that the countries and provinces may ultimately be brought to ruin and destruction. Indeed they are known to have recently addressed themselves by letter to some towns and districts soliciting their collaboration, and to have attacked and surprised others, viz. in the duchy of Gelderland.2 So those from the duchy of Gelderland and the county of Zutphen,3 and those from the counties and regions of Holland, Zeeland, Utrecht and the Ommelanden between the

river Eems and the Sea of Lauwers have thought it advisable to ally and to unite more closely and particularly, not with the intention of withdrawing from the General Union set up at the Pacification of Ghent but rather to strengthen it and to protect themselves against all the difficulties that their enemy's practices, attacks or outrages might bring upon them, and finally, to make clear how in such cases the provinces must behave, and can defend themselves against hostilities, as well to avoid any further separation of the provinces and their particular members. For these reasons the deputies of the afore-said provinces, fully authorised by their principals, have drawn up and concluded the following points and articles. By so doing they do not desire to withdraw from the Holy Roman Empire.4

i. The afore-said provinces shall ally, confederate and unite - and are allying, confederating and uniting herewith - to hold together eternally in all ways and forms as if they were but one province, and shall not separate themselves from each other nor have themselves separated by testament, codicil, gift, cession, exchange, sale, treaties of peace and marriage or for any other reason, however it may come about. However, this is agreed without prejudice to the special and particular privileges, freedoms, exemptions, laws, statutes, laudable and traditional customs, usages and all other rights of each province and of each town, member and inhabitant of those provinces. Not only shall the provinces not hinder each other from exercising these rights nor impair nor prejudice them in any way, but they shall help each other by all proper and possible means, if necessary with their lives and their property, to maintain and strengthen them and they shall protect and defend them against all and every one - whoever he might be and in whatever capacity he might act - who may actually design to encroach upon them. It is understood, however, that the disputes which exist, or may arise in the future, between some of the provinces, members or towns who are party to this Union, concerning their particular and special privileges, freedoms, exemptions, laws, statutes, laudable and traditional customs, usages and other rights shall be decided by ordinary courts of justice, arbiters or amicable settlement, without interference by any of the other countries or provinces and their towns or members (as long as both parties submit themselves to judicial proceedings) unless it might please them to intervene with intent to bring about an agreement.

ii. In accordance with and in fulfilment of the union and alliance, the

provinces shall be bound to assist each other with their lives and property against all acts of violence which anyone might perpetrate against them on behalf of (or allegedly on behalf of) His Majesty the King or his servants. This applies when the Spaniards take action because of the Peace Treaty of Ghent (because the provinces then took up arms against Don John of Austria and accepted the archduke Matthias as their governor)5 and all its present and future consequences, or only on the pretext of wanting to reestablish, restore or introduce the Roman Catholic religion by force of arms, or on account of some innovations or alterations which since 15586 have taken place in some of the provinces, their towns or members, or on account of this present Union and confederation or similar causes. The afore-said provinces shall be bound to assist each other both when violence is done to any one of them (or its states, towns or members) or when all together are attacked.

iii. The provinces shall be bound to support and defend each other similarly against all foreign and indigenous lords, rulers or princes, countries, provinces or their towns and members who want to perpetrate acts of violence against all or any of them, to wrong them or to make war on them. The decision in this matter shall however rest with the confederation as a whole and shall be taken after an investigation of and in accordance with the situation.

iv. In order better to protect the provinces and their towns and members against all force, it has been decided that the frontier towns and other towns where this is thought necessary (whatever province they belong to) shall be fortified and strengthened on the advice and by command of these united provinces. These towns themselves and the provinces in which they are situated shall be liable for the cost but one half of it shall be paid back to them by the generality. If on the other hand the provinces find it advisable to build new fortresses or bulwarks in any of the provinces or to alter or abolish those that are there now, all the provinces are to share the necessary costs.

v. And in order to meet the expenses which must be incurred for the defence of the provinces in such cases as mentioned above, it is agreed that in all the united provinces there shall be imposed, levied and either publicly let out to the highest bidder (for periods of three months or any other convenient period) or collected, everywhere in the united provinces and their towns and members, uniformly and on the same footing, for the general defence of these provinces, certain duties on all sorts of wines,

foreign or domestic beers, the grinding of corn and cereals, on salt, gold, silver, silken and woollen clothes, on horned cattle and seeded fields, on slaughtered beasts, on the sale and exchange of oxen and horses, on goods brought to the weigh-houses and such other duties as may be agreed upon by common advice and consent, in accordance with the relevant decree that is to be drawn up and issued.7 Moreover after deduction of liabilities the income of the estate of His Majesty the king shall be employed for the same purpose.

vi. These duties shall be raised or lowered by common consent according to circumstances and needs and they are intended for no other purpose than for the general defence and fulfilment of those financial obligations which the united provinces shall have to bear; they may never be expended for any other purpose.

vii. The frontier towns - and others if necessary - shall be bound to receive at any time all such garrisons as the united provinces may think good and, on the advice of the governor of the province where the garrison is to be billeted, may order them to receive. They have no right to refuse them. But the garrisons shall receive their pay from the united provinces, and the captains and soldiers shall swear fidelity not only to the united provinces as a whole but also to the particular town or towns and province to which they are sent, as shall be explained in the articles of their instruction. Also order and discipline are to be maintained amongst the soldiers lest the burghers and inhabitants of the towns and countryside (either clerical or secular) be unreasonably burdened or annoyed. Moreover the garrisons shall not be any further exempted from any duties or imposts than the burghers and inhabitants of the place to which they are sent; these burghers and inhabitants shall receive from the united provinces an allowance for lodging them as has hitherto been customary in Holland.

viii. In order to make sure at any time of the assistance of all the inhabitants of the countries, all the residents of each of these united provinces, towns and rural districts shall be mustered within one month from now, that is to say, all those who are between eighteen and sixty years of age.8 Once their number is known, the allies shall at their next meeting decide how best to promote the security and protection of these united provinces.

ix. No armistice or peace treaty shall be concluded nor any war started nor any duties or contributions pertaining to the generality of the united

provinces demanded but by the unanimous advice and consent of the afore-said provinces. But in other matters concerning the conduct of this confederation and whatever depends on it or follows from it, all decisions shall be taken in accordance with the advice and opinion of the majority of the provinces of this alliance. The votes will be counted as is usual in the general assembly of States until it is decided otherwise by the confederates. But if it happens that the provinces cannot reach an agreement on matters of armistice, peace, war or contributions, their differences must provisionally be referred and submitted to the present stadholders of the provinces who will bring about a settlement or at their own discretion give their judgment on the differences. If, however, the stadholders cannot agree among themselves they will select and ask such impartial assessors and assistants as they themselves choose to consult. And the parties shall be bound to accept the decisions taken by the stadholders in the aforesaid manner.

x. None of these provinces or their towns or members shall conclude any confederation or alliance with any neighbouring lord or country without the consent of these united provinces and allies.

xi. It is therefore agreed that if any neighbouring princes, lords, countries or towns want to ally with these provinces and to partake in their confederation, they may be admitted by the common advice and consent of these provinces.

xii. Moreover the provinces shall be bound to agree on a common policy with regard to the coinage, that is to say, in the matter of currency exchange rates, in conformity with such decrees as shall be made thereupon at the first opportunity. None of the provinces shall have a right to change these without the consent of the others.

xiii. Concerning the matter of religion: Holland and Zeeland shall act at their own discretion whereas the other provinces of this Union may conform to the contents of the Religious Peace Treaty already drawn up by the archduke Matthias, governor and captain-general of these countries, in collaboration with his Council on the advice of the States General,9 or else they may introduce (all together or each province independently), without being hindered or prevented from doing this by any other province, such regulations as they consider proper for the peace and welfare of the provinces, towns and their particular members and for the preservation of all people, either secular or clerical, their properties and rights, provided that in accordance with the Pacification

of Ghent10 each individual enjoys freedom of religion and no one is persecuted or questioned about his religion.

xiv. All those who live in convents and all the clergy shall, in conformity with the Pacification of Ghent, be entitled to their properties lying in any of these united provinces by reciprocity, that is to say, that if any clerical person from those provinces which during the war between the counties of Holland and Zeeland and the Spaniards were in Spanish hands, should have left any monastery or convent and settled in territory then in possession of Holland or Zeeland, he shall be given proper maintenance during his lifetime by his own convent or monastery as shall also be done in the case of those who have left Holland and Zeeland for some other province of this Union and are now residing there.11

xv. Moreover those who are living or did live in any monastery or college in these united countries and for religious or other acceptable reasons want to leave it or have left it already, shall be given as long as they live proper maintenance in accordance with the means of the monastery or college. But those who after the date of this Union go into any monastery and leave it again shall not be entitled to maintenance although they may take back for their own use what they brought in. Moreover all those who are now living in monasteries or colleges or enter them after this date, shall enjoy freedom and liberty of religion and also of clothing and dress; they shall obey the prior of the monastery in all other matters.

xvi. And if (which God forbid) some misunderstanding, quarrel or discordance arises among the provinces which they cannot resolve, this difference, if it concerns some of the provinces in particular, shall, after one of both parties in the dispute has asked for this, be dealt with and settled by the other provinces or those whom they delegate for that task. If it concerns all the provinces a decision shall be taken by the stadholders as is explained in the ixth article. They shall be bound to give judgment or to bring about a settlement within one month or less if the matter is very urgent. The decision of the other provinces or their delegates or the stadholders in the matter will be accepted and carried out and no further appeal or further action on the strength of any right, whatsoever that might be, of appeal, relief, revision or nullity will be allowed.

xvii. The provinces and their towns and members shall avoid provoking foreign princes, lords, countries or towns and, in order to avoid any provocation that might lead to a war, the provinces and their towns and members shall be bound to administer due law and justice to all foreigners and residents of the afore-said provinces. And if any of them fails to do so the other allies shall (by all proper ways and means) see to it that justice is done and that all abuses, which might prevent this and obstruct justice, shall be corrected and reformed in accordance with all men's rights and privileges, laudable and traditional customs.

xviii. None of the united provinces or their towns or members shall introduce without general consent any imposts, convoy dues or other similar taxes, burdening and prejudicing the others, nor shall they impose higher taxes upon any of these allies than upon their own residents.

xix. In order to meet all questions and difficulties that may arise, the allies, being convened by those who are authorised to do so, shall be bound to come to Utrecht on the day set. There the questions or difficulties (which should be stated, as far as possible, unless the matter should be kept secret, in the notice convening the meeting) shall be discussed and a decision be taken with the general advice and consent of the allies or by a majority vote in the way described above, even if some of the allies do not attend the meeting. In the latter case those who are present have the right to take such decisions as they consider best for these united provinces in general. These decisions shall also be binding on those who are absent except in very important matters on which some delay might be permitted. In such cases those who have not attended the meeting shall once more be summoned to a meeting at some later date on penalty of losing their vote for this occasion. The decision of those who are present at that meeting shall be binding and considered valid notwithstanding the absence of some of the other provinces. Those who are unable to attend shall be allowed to send their opinion in writing and this shall be taken into proper account when the votes are counted.

xx. For the same purpose all allies and each of them in particular shall be bound to notify those authorised to convene those meetings of all matters arising or occurring which they consider to be important for the general benefit or to the detriment of these united countries and allies; thereafter the other provinces shall be convened in the way described in article xix.

xxi. And if there is anything obscure or doubtful in these articles which might lead to questions or disputes, the interpretation thereof shall be determined by the allies who shall with general advice and consent

decree what they consider proper. If they cannot agree among themselves they shall ask for the intervention of the stadholders of the provinces in the manner described above.

xxii. If it is found necessary to make on some points or in some articles of this Union, confederation or alliance, any alteration or addition, this shall also be done with the common advice and consent of the afore-said allies and in no other way.

xxiii. The united provinces have promised and are promising herewith to keep and observe, and to ensure that others keep and observe, all these points and articles and each of them in particular and not to do anything contrary to them or to have anything done or to allow anything to be done either directly or indirectly in any way or manner. And they declare that if anybody does or tries to do anything to the contrary, this action shall henceforward be null, void and invalid; to this effect they pledge the lives and properties of themselves and all residents in their respective provinces and their towns and members; in case of contravention these may be arrested, held and charged anywhere by any lord, judge or court that can or is allowed to lay hands on them, for the sake of maintaining this union and everything contingent upon it. For that purpose the afore-said provinces renounce all exemptions, favours, privileges, reliefs and generally all other profits of rights which stipulate that no general renunciation may take place without a preceding particular renunciation.

xxiv. And to strengthen this union, the stadholders of the afore-said provinces who are now or will in the future be in office as well as all the magistrates and commanding officers of each province, its towns or members, shall swear an oath to keep and observe this union and confederation and each of its articles in particular and to ensure that they are kept and observed.12

xxv. All militia bands, fraternities and guilds that exist in any town or hamlet inside this union shall swear the same oath.12

xxvi. And letters shall be drawn up in due form containing the above-mentioned articles. They shall be sealed by the stadholders and those principal members and towns of the provinces who are specially demanded and requested to do so by other members and towns and they shall be signed by their respective secretaries.12

Explanation of the xiiith article13

Since some seem to raise objections to the xiiith article of the union made

on the 23rd of this month between the deputies of Gelderland, Zutphen, Holland, Zeeland, Utrecht and the Ommelanden between the river Eems and the Sea of Lauwers, thinking that the purpose and intention was not to accept anybody as a member of the same union except those for whom, on the advice of the States General, the Religious Peace Treaty was drawn up by the archduke of Austria and the Council of State, or at least only those who would tolerate both religions, viz. the Roman Catholic and the Reformed, the afore-mentioned deputies who are responsible for and have concluded this Union, have decided to declare herewith (to prevent all misunderstanding and distrust) that it has never been and is not now their purpose and intention to exclude from the union and alliance any towns or provinces which want to maintain the Roman Catholic religion exclusively and where the number of the residents belonging to the Reformed religion is too small to enable them to enjoy, by virtue of the Religious Peace, the right to exercise the Reformed religion. On the contrary they are willing to accept as members of the union such towns and provinces as wish to maintain the Roman religion exclusively if these want to subscribe to the other points and articles of the union and to act as good patriots. For it is not their opinion that one province or town should lay down the law to others in the matter of religion, as they want to further peace and unity amongst the provinces and to avoid and to take away the main occasion for quarrels and discord. Utrecht, 1 February 1579.


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