Texts concerning the Revolt of the Netherlands

49 Edict of the States General of the United Netherlands by which they declare that the king of Spain has forfeited the sovereignty and government of the afore-said Netherlands, with a lengthy explanation of the reasons thereof, and in which they forbid the use of his name and seal in these same countries, 26 July 1581 ¹

The States General considered this resolution at their meeting on 22 July 1581 at The Hague. The text of the edict was finally approved four days later.

The States General of the United Netherlands greet all those who will see or hear this read.

It is common knowledge that the prince of a country is appointed by God to be the head of his subjects to protect and shield them from all iniquity, trouble and violence as a shepherd is called to protect his sheep, and that the subjects are not created by God for the benefit of the prince, to submit to all that he decrees, whether godly or ungodly, just or unjust,

1 C. Cau ed., Groot Placaet-Boek, i (The Hague, 1658), pp. 26ff.

[p. 217]

and to serve him as slaves. On the contrary, the prince is created for the subjects (without whom he cannot be a prince) to govern them according to right and reason and defend and love them as a father does his children and a shepherd does his sheep when he risks his body and life for their safety. It is clear therefore that if he acts differently and instead of protecting his subjects endeavours to oppress and molest them and to deprive them of their ancient liberty, privileges and customs and to command and use them like slaves, he must be regarded not as a prince but as a tyrant. And according to right and reason his subjects, at any rate, must no longer recognise him as a prince (notably when this is decided by the States of the country), but should renounce him; in his stead another must be elected to be an overlord called to protect them.² This becomes even more true when these subjects have been unable either to soften their prince's heart through explanations humbly made or to turn him away from his tyrannical enterprises, and have no other means left to protect their ancient liberty (for the defence of which they must according to the law of nature be prepared to risk life and property) as well as that of their wives, children and descendants. This has often happened for similar reasons in many other countries at various times and there are well known instances of it. And this should happen particularly in these countries, which have always been governed (as they should be) in accordance with the oath taken by the prince at his inauguration and in conformity with the privileges, customs and old traditions of these countries which he swears to maintain. Moreover, nearly all these countries have accepted their prince conditionally, by contracts and agreements and if the prince breaks them, he legally forfeits his sovereignty.³

After the death of the emperor Charles V who is remembered with respect and who left all these Netherlands to him the king of Spain forgot the services which these countries and subjects had rendered his father and himself and which made it possible for him to achieve such glorious victories over his enemies⁴ that his fame and power came to be talked of and respected throughout the world; similarly he forgot the admonitions made by His Imperial Majesty in the past and lent his ear to and put his trust in members of the Council of Spain which was at his side. These persons, most of whom knew of the wealth and the power of these coun-

2 For a similar demonstration based on natural law of the right to depose a tyrannical prince see Document 50.

3 Privileges like the Joyeuse Entrée only permitted obedience to the prince to be refused temporarily.

4 During the wars with France, e.g. that of 1556-9.

[p. 218]

tries, envied them and their liberty, because they could not be made governors of them or acquire high office in them as they could in the kingdoms of Naples and Sicily, in Milan and the Indies and other places within the king's realm. This Council of Spain or some of its most prominent members repeatedly remonstrated with the king, asserting that it would be better for his reputation and majesty if he conquered these territories again so that he might rule them freely and absolutely (that is, tyrannise over them at his will) instead of governing them according to the conditions and under such restrictions as he had been bound on oath to agree when he took over the sovereignty of these countries.⁵

Ever since, on their advice the king has been trying to deprive these countries of their ancient freedom and to bring them into slavery under Spanish rule. First he intended to appoint new bishops to the most important and powerful towns under the pretext of protecting religion.⁶ He endowed these magnificently by appending to their sees the richest abbeys and attaching to each of them nine canons as councillors, three with special responsibility for the inquisition. Through the incorporation of the abbeys the bishops, who might equally well be foreigners as natives, would have acquired the foremost places and votes in the assemblies of the States of these countries, and would have been the king's creatures, totally submissive and devoted to him. Through the appointment of the canons the king would have introduced the Spanish inquisition in these countries where (as is generally known) it has always been held to be as abominable and odious as the worst slavery. When once His Imperial Majesty proposed to establish it in these countries, his subjects submitted a remonstrance which made him withdraw the project. Thus he displayed the sincere affection he felt for them.⁷

Various written remonstrances were submitted to the king by towns and provinces and verbal complaints were made by two prominent nobles of the country, the lord of Montigny and the count of Egmont.⁸ With the consent of the duchess of Parma, then regent of these countries, and on the advice of the Council of State and the States General, these nobles were in turn sent to Spain. Although the king of Spain gave them verbal assurances that he would comply with their request, shortly afterwards he sent

5 At his investiture in 1549.

6 See Document 6, note 9.

7 In 1522 Charles V appointed Francis van der Hulst inquisitor general for the Netherlands, but he had soon to be relieved of his office because of general opposition.

8 Montigny was sent as delegate in June 1562, Egmont in January 1565.

[p. 219]

written orders⁹ that the bishops should be received immediately, on penalty of incurring his wrath, and put in possession of their bishoprics and incorporated abbeys, and that the inquisition be enforced where it had existed before and the decrees of the Council of Trent be executed (this was in various ways contrary to the privileges of the said countries). When all this became generally known, it naturally gave rise to much alarm among the people and the great affection which as faithful subjects they had always felt for the king of Spain and his forebears greatly diminished. They were particularly shocked by these events because they noticed that the king was not only trying to tyrannise over their persons and possessions but also over their consciences. For these they thought to have to answer to none but God alone.

Thus, in 1566, out of pity for the people the most prominent members of this country's nobility submitted a remonstrance to his Majesty.¹⁰ In this they asked him to mitigate his policy relating to the strict inquisition and punishment in matters of religion, in order to appease the people and to prevent all sedition, and moreover to show thereby the love and affection which as a merciful prince he felt for his subjects. At the request of the regent, of the Council of State and of the States General¹¹ of all these countries, the marquess of Bergen and the lord of Montigny were sent to Spain as ambassadors to explain all these matters further and to speak with greater authority to the king of Spain. They were to make it clear how necessary it was for the prosperity and tranquillity of the country to abandon such innovations and to mitigate the rigorous penalties for infringing the religious edicts. But instead of listening to these envoys and providing against the ill consequences about which he was warned (these had already started to manifest themselves among the people in most provinces since the necessary remedies had been delayed so long) the king surrendered to the pressures of the Spanish Council and declared that the people who had submitted this remonstrance were rebels and guilty of the crime of laesae majestatis and as such liable to punishment by death and confiscation.¹² Moreover (because he firmly believed that the duke of Alva's violent measures had totally subjected the provinces to his power and tyranny) he acted against all fundamental rights, always strictly maintained by even the most cruel and tyrannical princes, and committed

9 Of 13 May 1565 from Valladolid.

10 Of 5 April 1566 (see Document 4).

11 The States General did not assemble at all during these years.

12 All this was carried out when the Council of Troubles was established by the duke of Alva in 1567.

[p. 220]

the said noble envoys to prison, had them put to death and had their possessions confiscated.¹³

And although the disturbances caused in the year 1566 by the actions of the regent and her adherents had been virtually quelled and many of those who defended the liberty of the country had been driven out and the others subjugated, so that the king no longer had the remotest reason for suppressing these countries with force of arms, he nevertheless - showing, contrary to his duty as their prince, protector and good shepherd, his lack of affection towards his loyal subjects - gave in to the advice of the Spanish Council. It is clear from the letters - which were intercepted - of Alana,¹⁴ the Spanish ambassador in France, to the duchess of Parma, written in those days, that the council had for a long time been seeking and hoping for an opportunity to abolish all the privileges of the country and to have it tyrannically governed by Spaniards like the Indies and newly conquered countries. Thus the king sent the duke of Alva and a large army to these provinces to suppress their liberties. The duke was notorious for his severity and cruelty, he was one of the principal enemies of these countries and was accompanied by advisers of the same nature and mentality.¹⁵

The duke of Alva entered these countries without meeting any resistance and was received by their poor inhabitants with great respect and honour. They expected only mercy and clemency, for in his letters the king had often hypocritically promised them this. He had even written that he intended to come personally to these countries¹⁶ to arrange everything to everybody's satisfaction. At the time of the duke of Alva's departure¹⁷ the king had a fleet of ships equipped in Spain to carry him and another in Zeeland to meet him - which put the country to great expense - in order to deceive and ensnare his subjects. In spite of this the duke of Alva who was a foreigner and not related to the king, declared immediately upon his arrival¹⁸ that the king had appointed him commander-in-chief, and shortly afterwards even governor-general of the country. This was contrary to the privileges and ancient traditions. And making his intentions quite clear he immediately put troops into the principal towns and for-

13 See Document 48, note 9.

14 The intercepted letters from Francis d'Alana to the duchess of Parma have already been mentioned in the Warning of the prince of Orange of 1568 (Document 11).

15 Especially Vargas and Del Rio, members of the Council of Troubles.

16 See Document 6.

17 In the spring of 1567.

18 Alva arrived in Brussels on 22 August 1567 and was appointed governor in October.

[p. 221]

tresses and built castles and fortifications in the most important and powerful towns to keep them subdued. On behalf of the king and in kindly terms he bade the highest nobles come to him under the pretext of needing their advice and of wishing to employ them in the service of the country. But those who complied with his invitation were imprisoned and contrary to the privileges removed from Brabant where they had been seized. He had them tried before him, although he was not competent to be their judge, and then, without completing their trial, sentenced them to death and had them publicly and ignominiously executed.¹⁹ Others, more aware of the hypocrisy of the Spaniards, left the country but were for this condemned by Alva to forfeit their life and possessions.²⁰ Thus the poor inhabitants, having lost their fortresses and the princes who could defend their freedom, would be helpless in the face of Spanish violence.

Moreover he put to death or drove away innumerable other nobles and excellent citizens so as to be able to confiscate their goods; he lodged common Spanish soldiers in the houses of the other inhabitants and these molested them, their wives and children and damaged their property; and he levied many and manifold taxes. He forced the people to contribute to the building of new castles and fortifications in the towns - erected for their own oppression; he forced them to pay the hundredth, twentieth and tenth penny²¹ for the support of the soldiers whom he brought with him and those whom he recruited here and who were to be used against their fellow-countrymen and against those who risked their lives to defend the liberty of the country. Thus the people would become so poor that they would not be able to prevent him from fully carrying out his plan to execute the orders he had received in Spain - to treat the country as though it were newly conquered. For this purpose he also began to alter the existing system of justice in the most important places and to remodel it after the Spanish fashion (an innovation which ran counter to the privileges of the country²²) and to appoint new councillors. When finally he considered he had no longer anything to fear, he set out to introduce forcibly a tax of ten per cent on all commodities and manufactures²³ despite the numerous protests and remonstrances submitted by each

19 The counts of Egmont and Hoorne were already in prison in September 1567. They were then removed to Ghent, to be executed at Brussels on 5 June 1568.

20 Orange, Marnix of St Aldegonde, Brederode, Hoogstraten, et al.

21 These taxes were proposed to the States General assembled for this purpose in March 1569.

22 New criminal ordinances were issued in July 1570 at Alva's instance.

23 In August 1571, when the two years' term of commutation expired.

[p. 222]

province individually and by all of them together, for it was feared that the country whose welfare depends entirely on trade and industry, would be totally ruined by this new tax.

The duke of Alva would even have carried this plan into effect by force had not the prince of Orange, several nobles and other distinguished inhabitants who after being exiled by the duke of Alva, had followed His princely Grace and were now mostly in his service, together with other good citizens who had remained in the Netherlands and who cared greatly for the liberty of the fatherland, shortly afterwards caused the greater part of Holland and Zeeland to abandon the duke and to put themselves under the protection of the prince. First the duke of Alva and then the Great Commander²⁴ (who was sent by the king to replace him, not to introduce any improvements but to continue the tyranny, although less overtly) forced the other provinces - kept in subjection to Spain by their garrisons and newly built fortifications - to help them with all means in their power to subdue these two provinces. However, the Spaniards had as little regard for the provinces which were forced to help them as they had for their enemies. They allowed the Spanish soldiers who, they pretended, had risen in mutiny to force their way to Antwerp in the presence of the Great Commander and to live as they wished there for six weeks at the burghers' expense. In order to rid themselves of these violent Spaniards the citizens were forced to pay the arrears of pay, amounting to 400,000 guilders, which they claimed to be their due.²⁵ Thereafter the Spanish soldiers, committing yet more abominable infamies and violence, had the impudence to take up arms openly against the country.²⁶ First they intended to capture Brussels and to turn the traditional residence of the prince of the country into a robber's den. When they failed in this design they surprised first the town of Alost, then the town of Maastricht. Finally they seized Antwerp, where they ransacked, pillaged and massacred, and which they set on fire and treated as badly as the most cruel and tyrannical enemies of the country could have done, causing unmeasurable damage not only to the poor inhabitants but also to most of the world's nations which had stored their merchandise and money there. The Council of State, which after the death of the Great Commander²⁷ was

24 Requesens, governor from November 1573.

25 This happened in April 1574 after the battle of Mook.

26 The mutiny of the Spanish troops began after the surrender of Zierikzee at the end of June 1576. Alost was taken by surprise in July, Maastricht in October, while the Spanish fury broke forth at Antwerp on 4 November 1576.

27 Requesens died on 4 March 1576.

[p. 223]

charged by the king of Spain with the government of the country, publicly and in the presence of Hieronymo de Rhoda²⁸ declared these Spaniards to be enemies of the country because of the damage they had caused and the force and violence they had used.²⁹ Yet this Rhoda accepted the leadership of the Spaniards and their adherents on his own authority (or, as may be presumed, by virtue of secret instructions from Spain). Without regard for the Council of State, he used the name, authority and seal of the king and acted publicly as the king's governor and lieutenant. This caused the States to make a treaty with the prince and the States of Holland and Zeeland.³⁰ This treaty was approved by the Council of State as the legitimate governors of the country, who thereby agreed jointly and unanimously to fight the Spaniards, enemies of the whole country and to drive them away. However, as loyal subjects they did not fail to approach the king as soon as possible in all proper ways.³¹ In humble remonstrances they asked him to order the Spaniards to depart because of the troubles and disturbances which had already occurred in these countries and which would doubtless continue and, as a solace to the people who had suffered and a warning to others, to punish those who were responsible for the ransacking and ruin of his principal towns and who had thus done his poor subjects unmeasurable harm.

But the king, though pretending that all these things had happened against his will and that he intended to punish the leaders responsible for them and wished to provide for order and peace with the great clemency that is proper to a prince, not only failed to judge and punish them but made it quite clear that everything had been done with his consent and on the prior advice of the Council of Spain. For shortly afterwards intercepted letters written by the king himself to Rhoda and the other captains³² who caused these disasters, showed that he not only approved their actions but praised them for what they had done and promised to reward them, Rhoda particularly, for their exceptional services. Indeed on his return to Spain he rewarded Rhoda and all the others who had helped him establish tyranny in these provinces. At the same time the king tried to blind his subjects still more by sending a near relative of his, his bastard brother Don John of Austria, to these provinces as governor general.³³ Though

28 Rhoda was a Spanish member of the Council of Troubles and of the Council of State. He fled from Brussels to Antwerp in August 1576.

29 For this resolution of the Council of State see Document 23.

30 The Pacification of Ghent of 8 November 1576.

31 By letter, as early as October 1576.

32 In October 1576.

33 He arrived at Luxemburg at the beginning of November 1576.

[p. 224]

pretending that he approved and agreed with the treaty of Ghent, that he was in favour of the States, that he would have the Spaniards leave the country, and have those people who were responsible for past troubles and violence punished and that he would restore order to the provinces and reestablish their ancient liberty, Don John in fact tried to divide the States and to subdue one province after the other. Thanks to the will of God (enemy of all tyranny) this was shortly afterwards revealed through letters which were seized and intercepted.³⁴ These showed that the king had ordered Don John to conform to the instructions and advice Rhoda would give him. But to conceal that plan Don John was forbidden to meet Rhoda and ordered to behave suavely towards the principal nobles so as to gain their confidence until, with their help and assistance, he was able to subdue Holland and Zeeland. After this he might treat the others as he pleased.

Although in the presence of all the States Don John had solemnly promised to uphold the Pacification of Ghent and a certain agreement concluded between himself and the States of all the provinces,³⁵ he violated both and used the colonels who were in his service and devoted to him to win over to his side the German soldiers who at that time occupied all the principal fortifications and towns. Thus he aimed to secure these fortresses and cities.³⁶ Indeed he had already won over most of the soldiers and thought that the towns held by the troops were at his disposal. By these means he intended to force even those who were unwilling to make war on the prince and the inhabitants of Holland and Zeeland and to start a civil war more severe and cruel than ever. But what a deceiver does contrary to his real intentions cannot remain hidden for long; so this plan was discovered before he had completely carried it into effect and it therefore failed. Nevertheless he started a new war which is still going on instead of bringing the peace which on his arrival he was boasting he would bring.

All this has given us more than enough legitimate reasons for abandoning the king of Spain and for asking another powerful and merciful prince to protect and defend these provinces. This is particularly clear because for more than twenty years during all these troubles and disorders these provinces have been abandoned by their king and been treated not as subjects but as enemies, whom their own lord sought to

34 In December 1576.

35 The Perpetual Edict of 12 February 1577, sworn to by Don John upon his arrival in Brussels in May 1577.

36 Antwerp, et al.

[p. 225]

subdue by force of arms. Moreover, after the death of Don John the king made the baron of Selles³⁷ declare quite clearly - although he claimed to be offering some proper means of achieving an agreement - that he was unwilling to endorse the Pacification of Ghent which Don John had sworn to on his behalf, and his conditions grew harsher every day.

Nevertheless we have not ceased to attempt through humble letters and through the mediation of the most important princes of Christendom to reconcile ourselves and to make peace with the king. Indeed, until quite recently we kept envoys in Cologne,³⁸ hoping that through the mediation of His Imperial Majesty and the Electors who took part in the negotiations we might obtain a firm peace guaranteeing some freedom granted in mercy, principally freedom of religion for this mainly concerns God and men's consciences.³⁹ But from experience we learned that we could obtain nothing from the king by such remonstrances and meetings, for the only purpose of these negotiations was to sow discord among the provinces and to divide them. Thereafter the king hoped that he would be able to subdue them more easily one after another and to realise with the utmost severity what he had from the outset intended against them. This was afterwards clearly shown by an edict of proscription⁴⁰ which the king published in order to render the inhabitants of the provinces universally hated, to impede their trade and to bring them into utter despair. For he declared that we and all the officials and inhabitants of the united provinces and their adherents were rebels and as such had forfeited our lives and estates; furthermore he set a large sum of money on the head of the prince of Orange.

Therefore, despairing of all means of reconciliation and left without any other remedies and help, we have been forced (in conformity with the law of nature and for the protection of our own rights and those of our fellow-countrymen, of the privileges, traditional customs and liberties of the fatherland, the life and honour of our wives, children and descendants so that they should not fall into Spanish slavery) to abandon the king of Spain and to pursue such means as we think likely to secure our rights, privileges and liberties.

Therefore we make it known that for all these reasons, forced by utter

37 Noircarmes, baron of Selles, was sent by the king as delegate to the States General at the end of 1577, when Don John was still alive (Document 38, note 9).

38 The peace-conference at Cologne dragged on from May till November 1579.

39 This is the only explicit reference to religious freedom in this edict.

40 The ban of 15 March 1580 against Orange and those who remained loyal to him.

[p. 226]

necessity, we have declared and declare herewith by a common accord, decision and agreement that the king of Spain has ipso jure forfeited his lordship, jurisdiction and inheritance of these provinces, that we do not intend to recognise him in any matters concerning him personally, his sovereignty, jurisdiction and domains in these countries, nor to use or to permit others to use his name as that of our sovereign. Consequently we declare all officers, judges, lords with lower jurisdiction, vassals and all other inhabitants of these provinces, whatever their condition or quality, to be henceforward released from all obligations and oaths they may have sworn to the king of Spain as lord of these countries.

As, for these reasons, most of the united provinces have put themselves by common accord and with the consent of their members under the lordship and government of his most serene prince, the duke of Anjou, upon certain conditions and articles concluded with His Highness,⁴¹ and because His Serene Highness, Archduke Matthias, has resigned the office of governor-general of the country,⁴² and we have accepted this, we also order and command all judges, officers and others whom this may in any way concern and regard, to use the name, title, great and small seals, counterseals and cachet-seals of the king of Spain no longer. As long as His Highness the duke of Anjou remains abroad, engaged on urgent affairs for the benefit of these provinces, they shall (as far as the provinces which have concluded an agreement with the duke of Anjou are concerned)⁴³ provisionally assume and use the title and name of the lords and the Council of the Land,⁴⁴ and until these lords and councillors have been formally and actually appointed and have taken up office they shall use our name. That is to say that in Holland and Zeeland the name of the very noble prince, the prince of Orange⁴⁵ and that of the States of the same countries shall be used until the actual installation of the afore-said Council of the Land. Thereafter they shall act in conformity with the consent given by them to both the instruction of the aforesaid council and to the treaty with His Highness. Instead of the king's seals, our great seal, counterseal and cachet-seal shall henceforward be used in matters of general government which the Council of the Land, according to its

41 According to the treaty concluded at Plessis-lez-Tours on 19 September 1580 Anjou was to receive sovereignty over the Netherlands.

42 In June 1581.

43 The provinces of Utrecht, Gelderland and Overijssel had not accepted Anjou.

44 The new council to be established to advise Anjou.

45 The supreme authority over these provinces was entrusted to Orange in July 1581.

[p. 227]

instruction, is authorised to conduct. But in matters of public order, the administration of justice and other matters concerning each country individually, the provincial and other councils shall use the name, title and seal of the respective country where the case arises, and no other, on penalty of having all letters, documents and dispatches issued or sealed in any other way annulled. And to ensure that this be effected we have ordered and commanded, and order and command herewith, that all the seals of the king of Spain which are now in these provinces must upon the publication of this be immediately handed over to the States of each province, or to such persons as the States appoint and authorise; possessors of seals who fail to do this will risk discretionary punishment. Moreover we order and command that henceforward the name, title and arms of the king of Spain shall not be struck on any coin of these countries; but such a form shall be placed there as shall later be commanded when new coins of gold and silver, with their halfs and quarters, are struck. We likewise order and command that the president and the other members of the Secret Council⁴⁶ as well as all the other chancellors, presidents and members of the provincial councils, that, further, all the presidents or chief treasurers and the other members of all the chambers of accounts in the said provinces and all other officers and judges shall (since we hold them discharged from the oath they have according to their commissions sworn to the king of Spain) be bound and obliged to take a new oath in the presence of the States of their respective province or their special deputy swearing to be faithful to us against the king of Spain and his followers, in conformity with the formula drawn up by the States General. And, instead of new commissions annulling the former ones, we shall give the councillors, judges and officers who are in the service of those provinces which have signed the treaty with His Highness the duke of Anjou, instructions to continue them in their offices, but only provisionally, that is to say until His Highness arrives. And we shall give the councillors, judges and officers who are in the service of provinces which have not signed the treaty with His Highness new commissions in our name and under our seal. This does not apply, however, to those who may be found to have forfeited their office by violating the privileges of the country, by improper actions and the like. We order, finally, the president and members of the Secret Council, the chancellor of the duchy of Brabant, the chancellor of the princedom of Gelderland and of the county of Zutphen, the president and members of the Council of Flanders, the president and

46 A council established by Charles V in 1531 charged with the supervision of the judicature.

[p. 228]

members of the Council of Holland, the treasurers or high officers of Zeeland East and West of the Scheldt, the president and members of the Council of Friesland, the bailiff of Mechlin, the president and members of the Council of Utrecht and all the other judges and officers whom this concerns and their substitutes and each of them in particular, to make known and proclaim this edict in all places under their jurisdiction and wherever public announcements are usually made, so that nobody may plead ignorance. And we call upon them to maintain and uphold this edict strictly and not to allow infringements, and to punish severely all offenders without delay or deceit, for we consider this to be necessary for the welfare of the country. And to all and each of you whom this concerns we grant full power, authority and special instructions to carry this and everything related to it into effect. To make this known we have had our seal appended to this edict. At our meeting at The Hague, 26 July 1581.