terug  begin  verderprepost

23 Pacification of Ghent, 8 November 1576 1

The Pacification was signed at Ghent on 8 November 1576, four days after the mutiny of the Spanish soldiers had culminated in the Spanish fury at Antwerp.

Greetings to all those who will see these papers or hear them read. These countries have fallen into great misery and distress through civil war, haughty and harsh government, wilfulness, robberies and other disturbances committed by the Spaniards and their adherents during these nine or ten years. In order to take measures against these evils and to prevent further troubles, oppressions and poverty in the country by means of a lasting peace and pacification, commissioners of His Majesty and of the prince of Orange, the States of Holland, Zeeland and their associates met at Breda in the month of February in the year 1575, and put forward several measures by which such a pacification could be furthered. But the proposals did not bear the fruits which had been expected;2 on the contrary, instead of the relief and compassion which it was hoped His Majesty would give us, the Spaniards continued every day to oppress and ruin the poor subjects and to reduce them to eternal slavery. Several times they themselves rose in mutiny, threatening lords and towns and taking many places by force, robbing them and burning them down.3 This is why the councillors entrusted with the government of

[p. 127]

the countries4 declared them to be enemies of His Majesty and the common weal and why the States have been forced, with the permission of the aforementioned councillors, to take up arms. In order that total ruin be staved off, that the inhabitants of all these Netherlands united in a lasting peace and agreement may jointly force the Spaniards and their adherents who are a public plague, to depart and that they be given back their old privileges, customs and freedoms, by which trade and prosperity could return there, now, with the consent of the councillors entrusted with the government of the countries and as a consequence of the peace negotiation started at Breda, for the glory of God and the service of His Majesty, this present treaty has been drafted between the prelates, nobles, towns and members of Brabant, Flanders, Artois, Hainault, Valenciennes, Lille, Douai, Orchies, Namur, Tournay, Utrecht and Mechlin, representing the States of those countries, and the prince of Orange, the States of Holland, Zeeland, and their associates, through commissioners deputed on both sides respectively...5

This eternal, lasting peace, alliance and union is concluded under the terms and conditions following hereafter.

i. All offences, injuries, unlawful acts and damage done during the disturbances between the inhabitants of such provinces, as are involved in the present treaty, wherever and however they have been committed, shall be forgiven, forgotten and regarded as not having occurred so that no one may mention them or may be sued for them.

ii. In consequence the said States of Brabant, Flanders, Hainault etc. as well as the Prince, the States of Holland and Zeeland with their associates promise sincerely and honestly to keep, and oblige all inhabitants of the provinces to maintain, from now on a lasting and unbreakable friendship and peace and to assist each other at all times and in all events by words and deeds, with their lives and property, and to drive and keep out of the provinces the Spanish soldiers and other foreigners who have tried, without any recourse to law, to put to death lords and nobles, to usurp the wealth of the provinces, and to reduce the commonalty to

[p. 128]

perpetual enslavement. In order to furnish whatever will be necessary to resist those who might thwart them in this, the said allies also promise to be willing and prepared to pay all necessary and reasonable contributions and taxes.

iii. Moreover it has been agreed that immediately after the departure of the Spaniards and their adherents and after law and order has been restored, the two parties will be bound to do their utmost to convoke an assembly of the States General composed in the same manner as the meeting in which the late emperor Charles, blessed be his memory, transferred these hereditary Netherlands to His Royal Majesty, our most gracious lord.6 The assembly must settle the affairs of the provinces in general and in detail, not only the matter and exercise of religion in Holland, Zeeland, Bommel and associated places and the restitution of the strongholds, artillery, ships and other things belonging to the king, which during the said disturbances were taken by Hollanders and Zeelanders, but everything that furthers the service of His Majesty and the prosperity and union of the provinces. This will be done without contradiction or impediment, delay or postponement from either side, either with regard to the ordinances, statements and resolutions which will be passed there, or with regard to their application. To this both parties shall submit entirely and in good faith.

iv. Henceforth the inhabitants and subjects on both sides, no matter which province they come from or what their status, quality and condition, will be allowed to move freely, to come and to go, to live and to travel everywhere for commercial and other purposes, in all freedom and security. However those of Holland, Zeeland or others of whatsoever province, condition and quality they may be, shall not be allowed to disturb the common peace and quiet outside the provinces of Holland, Zeeland and associated places, or in particular to attack the Roman Catholic religion and practice, nor to slander any one or cause scandal by word or deed because of his Catholic faith, on penalty of being punished as disturbers of the common peace and of serving as an example to others.

v. In the meantime no one may be lightly accused, arrested or endangered; all edicts about heresy formerly made and promulgated, as well as the criminal ordinance made by the duke of Alva,7 shall be suspended and shall not be put into operation, until the States General shall ordain otherwise, provided that no scandals occur.

[p. 129]

vi. The prince shall remain admiral general of the fleet8 and stadholder of His Majesty for Holland and Zeeland, Bommel and other associated places and be in command there as he is at present, with the same officers, judges and magistrates, without any change or innovation unless with his consent and will. His Excellency shall also be in command of the towns and places, which he now holds, until the States General ordain otherwise after the departure of the Spaniards.

vii. But as regards the towns and places included in his commission from His Royal Majesty which are at present not under the authority of His Excellency,9 this point will remain in abeyance until these towns and places have joined the other States in this union and settlement, and His Excellency has given them satisfaction on those matters which are of importance to them when they come under his government, either with regard to the exercise of religion or otherwise, so that the provinces be not torn asunder and to avoid all dispute and discord.

viii. And meanwhile no edicts, mandates, provisions or writs shall be valid in the provinces and towns governed by the said Prince, except those which have been approved or issued by His Excellency and by the council, the magistrates and other officers in those places without prejudice to the jurisdiction of the Great Council of His Majesty in future.

ix. It has also been agreed that all prisoners taken during the recent disturbances shall be released, in particular the count of Bossu,10 without payment of ransom - unless the ransoms have been fixed and agreed upon before this treaty was made - but that they should pay the prison expenses.

x. It has also been agreed that the said prince and all other lords, knights, nobles, private persons and subjects, of whatever status, quality or condition, and also their widows, dowagers, children and heirs on both sides shall be rehabilitated and allowed to take possession of all their seignories, estates, prerogatives, shares, credits which have not been sold or alienated, in the condition in which these possessions are at present. For this purpose

[p. 130]

all writs of default and contumacy, all arrests, sentences, seizures and executions performed since the beginning of the disturbances in the year 1566, both because of religion and because of the taking up of arms and what has happened since, shall be annulled, revoked and declared null and void. Equally all documents of lawsuits, acts and actions relating to this shall be destroyed and struck off the registers, without any necessity to obtain any other verdict or provision than this present treaty, notwithstanding any laws, rights, customs, privileges, prescripts, official, conventional, customary or local regulations, nor any other exception to the contrary, which will be suspended and cease to be operative in these and in all other matters concerning the said disturbances. To this effect these regulations are now suspended as far as necessary with the proviso that there is no general derogation without previous specification.

xi. It must be understood that among those who will profit by this settlement will be my gracious lady the wife of His Serene Highness the elector of the Rhine, formerly the widow of Lord Brederode,11 concerning Vianen as well as other properties to which Her Serene Highness or her deputy may lay claim.

xii. Also the count of Buren12 will be included as regards the town, the castle and the estate of Buren, to be used by the said count as his own property after the departure of the garrison.

xiii. And the pillars, trophies, inscriptions and effigies erected by the duke of Alva to the shame and disgrace of the afore-said and all others, shall be destroyed and demolished.

xiv. As to the yields of the said seignories and estates, the arrears of dowers, usufructs, rents, and interests recoverable from the king, the country, towns and all others which were due before now and have not been paid, nor received by His Majesty or his deputies, each shall receive his due.

xv. It should be understood that all yields of the afore-mentioned estates, interests and other properties that have fallen due since last Midsummerday 1576, shall remain to the profit of those who are entitled to them, but that part of the yields have already been received by the collector of the confiscations or others of which in such cases no restitution shall be made.

[p. 131]

xvi. But if during some years the afore-said real burdens, interests or other income have been seized and received in the name of the king by way of confiscation every one shall for the same period be kept free and exempt from all rents due from his lands and properties from which he could not profit because of the recent disturbances; the duration of this exemption shall be related to the length of the period during which the goods could not be normally exploited. And as to the household effects and other movable property which have been lost, sold or otherwise alienated on either side, there shall be no redress for anyone.

xvii. As to the real estates, houses and rents which have been sold or alienated by way of confiscation, the States General shall in each province appoint commissioners to inquire into the difficulties if such shall arise and to make reasonable recompense to the former proprietors and also to the purchasers and new owners of the properties and rights for their redress and eviction respectively.

xviii. The settlement of personal annuities and liabilities and all other claims, complaints and grievances which the interested parties on both sides bring forward and advance afterwards as resulting from the disturbances, howsoever they may do so, shall be dealt with in the same way.

xix. All prelates and other ecclesiastical persons, whose abbeys, bishoprics, foundations and residences are situated outside Holland and Zeeland and who nevertheless possess property within these provinces, shall come again into the possession and enjoyment of their properties in the same manner as has been ordained for secular persons.

xx. But regarding the conventuals and other ecclesiastics who are professed or have their prebends within these two provinces and their associates but left them because the greater part of their properties was alienated, they shall henceforth be reasonably provided for along with those who have stayed, or if the States so prefer, the use of their goods shall be given back to them. All this however is provisional and awaits a decision by the States General on their further claims.

xxi. Moreover it has been agreed that all bequests, statements of disinheritance and other deeds, drawn up inter vivos vel causa mortis by private persons, by which the legitimate heirs are deprived of their legitimate inheritance and disinherited or received only a small portion by reason of the said disturbances or of religion, shall be held null and void by virtue of this agreement.

xxii. And as the States of Holland and Zeeland in order better to cover the expenses of the war have increased the value of all specie of gold and silver, which they cannot spend in other provinces without a great loss,

[p. 132]

it has been agreed that the deputies of the States General shall consider accepting the same standard as soon as possible so that the rate of the said coins may be fixed as uniformly as possible, in support of this union and its trade.

xxiii. As to the opinion put forward by the deputies of Holland and Zeeland, that the States General of all the Netherlands should take over all debts incurred by the Prince for his two expeditions and large armies13 for which the States of Holland and Zeeland as well as those provinces and towns which surrendered during the last campaign,14 stand surety, as they declared, this matter is left to the discretion of the States General. When general peace has been restored, a report or remonstrance shall be submitted to them so that they may take appropriate action in this matter.

xxiv. The provinces, seignories and towns on the opposite side,15 shall not be included in this common accord and pacification or able to enjoy its benefits until they have actually joined this confederacy. But they are free to do this whenever they see fit.

 

After the report, agreement and assent of the councillors entrusted with the government of the provinces as well as of the States of these provinces on the one hand, and of the prince, the States of Holland, Zeeland and their associates on the other, the said members of the Council of State and the representatives of the States General have promised and sworn by virtue of their powers and commission and promise and swear now to observe and to keep this treaty of peace in all the said points and clauses and also in all that will be defined and ordained by the said States General in regard to it; and to have it ratified, sworn to, signed and sealed on both sides by the prelates, nobles, towns and other members of the said provinces, and especially by the said prince, in general and in detail, within a month, to everybody's satisfaction. And acquainted with the foregoing the said deputies signed this in the town-hall of the town of Ghent on 8 November 1576.

1A.S. de Blécourt and N. Japikse, Klein Plakkaatboek van Nederland (The Hague, 1919), pp. 113ff.
2See Document 22, pp. 124ff.
3The mutiny started when the Spaniards captured Zierikzee at the end of May 1576. The rebel troops then gathered at Alost in Flanders.
4In the absence of a governor after Requesens' death in March 1576 the Council of State condemned the mutineers as enemies of the country in edicts of 26 July and 22 September. The latter edict was issued after the councillors at Brussels had been imprisoned for a time by supporters of the prince of Orange led by William of Heze, commander of the troops recruited by the States of Brabant.
5The meeting of the States General started at Brussels on 25 September, when delegates from Brabant, Flanders and Hainault alone were present. On 19 October negotiations started at Ghent between delegates from both sides.
6At Brussels on 25 October 1555.
7In July 1570, when his power in the Netherlands seemed to be firmly established.
8When the Prince of Orange was appointed stadholder of Holland, Zeeland and Utrecht in 1559, he had already laid claim to the title of admiral general of the province of Holland.
9In 1577 treaties of satisfaction were concluded with the towns of Haarlem, Schoonhoven and Oudewater in Holland, Goes, Tholen and Zierikzee in Zeeland and in 1578 with Amsterdam. Maintenance of the Roman Catholic religion was guaranteed for the time being. Utrecht again accepted the prince as stadholder in 1577.
10Maximilian Hennin, count of Bossu (See Document 14, note 4), was taken captive by the Beggars at the Zuyder Zee in October 1573.
11Amelia, countess of Neuenahr, married the Elector Palatine Frederick III in 1569. Her first husband Henry Brederode, lord of Vianen, died in exile in 1568.
12Orange's eldest son, Philip William, born in 1554 of the marriage with Anne, heiress of Buren (d. 1558) was kidnapped when a student at Louvain by Alva and sent to Spain. The town of Buren which had remained loyal to the Prince, fell into Spanish hands in 1575.
13In 1568 and 1572.
14This refers to the towns of Tienen, Diest and Mechlin, Dendermonde and Oudenaarde, which fell into the hands of the prince during his campaign of 1572.
15Luxemburg in particular kept aloof.
prepostterug  begin  verder