Dutch Declaration of Independence
1581
Introduction
by Oliver Thatcher
Toward the end of the Middle Ages, many of the large cities of the
Netherlands had bought or won charters giving them many rights of
freedom, but when Charles V came to the throne of Spain he
disregarded these charters. When Calvinism spread over the Low
Countries he introduced the Inquisition and tried to root it out.
Philip II of Spain increased the persecution. The people rebelled in
1566 and the Duke of Alva was sent into the country to put down the
rebellion. The people elected William of Orange as their leader, and
the Dutch Revolt began. The war lasted for forty years with varied
fortunes. The Prince of Orange was assassinated in 1584, but the
struggle went on under his second son, Prince Maurice, a boy of
seventeen. First England and then France came to their aid. Finally
in 1609 a truce was established which ended in the acknowledgment of
the provinces in 1648 as one of the provisions of the Treaty of
Westphalia.
The declaration given below — the first in modern times — brings
forward prominently the great idea that rulers are responsible to
the people and can be deposed by them. The growth of this idea is
center of the development of constitutional and republican
government.
The States General of the United Provinces of the Low Countries, to
all whom it may concern, do by these Presents send greeting:
As it is apparent to all that a prince is constituted by God to be
ruler of a people, to defend them from oppression and violence as
the shepherd his sheep; and whereas God did not create the people
slaves to their prince, to obey his commands, whether right or
wrong, but rather the prince for the sake of the subjects (without
which he could be no prince), to govern them according to equity, to
love and support them as a father his children or a shepherd his
flock, and even at the hazard of life to defend and preserve them.
And when he does not behave thus, but, on the contrary, oppresses
them, seeking opportunities to infringe their ancient customs and
privileges, exacting from them slavish compliance, then he is no
longer a prince, but a tyrant, and the subjects are to consider him
in no other view. And particularly when this is done deliberately,
unauthorized by the states, they may not only disallow his
authority, but legally proceed to the choice of another prince for
their defense. This is the only method left for subjects whose
humble petitions and remonstrances could never soften their prince
or dissuade him from his tyrannical proceedings; and this is what
the law of nature dictates for the defense of liberty, which we
ought to transmit to posterity, even at the hazard of our lives. And
this we have seen done frequently in several countries upon the like
occasion, whereof there are notorious instances, and more
justifiable in our land, which has been always governed according to
their ancient privileges, which are expressed in the oath taken by
the prince at his admission to the government; for most of the
Provinces receive their prince upon certain conditions, which he
swears to maintain, which, if the prince violates, he is no longer
sovereign.
Now thus it was that the king of Spain after the demise of the
emperor, his father, Charles the Fifth, of the glorious memory (of
whom he received all these provinces), forgetting the services done
by the subjects of these countries, both to his father and himself,
by whose valor he got so glorious and memorable victories over his
enemies that his name and power became famous and dreaded over all
the world, forgetting also the advice of his said imperial majesty,
made to him before to the contrary, did rather hearken to the
counsel of those Spaniards about him, who had conceived a secret
hatred to this land and to its liberty, because they could not enjoy
posts of honor and high employments here under the states as in
Naples, Sicily, Milan and the Indies, and other countries under the
king's dominion. Thus allured by the riches of the said provinces,
wherewith many of them were well acquainted, the said counselors, we
say, or the principal of them, frequently remonstrated to the king
that it was more for his Majesty's reputation and grandeur to subdue
the Low Countries a second time, and to make himself absolute (by
which they mean to tyrannize at pleasure), than to govern according
to the restrictions he had accepted, and at his admission sworn to
observe. From that time forward the king of Spain, following these
evil counselors, sought by all means possible to reduce this country
(stripping them of their ancient privileges) to slavery, under the
government of Spaniards having first, under the mask of religion,
endeavored to settle new bishops in the largest and principal
cities, endowing and incorporating them with the richest abbeys,
assigning to each bishop nine canons to assist him as counselors,
three whereof should superintend the inquisition.
By this incorporation the said bishops (who might be strangers as
well as natives) would have had the first place and vote in the
assembly of the states, and always the prince's creatures at
devotion; and by the addition of the said canons he would have
introduced the Spanish inquisition, which has been always as
dreadful and detested in these provinces as the worst of slavery, as
is well known, in so much that his imperial majesty, having once
before proposed it to these states, and upon whose remonstrances did
desist, and entirely gave it up, hereby giving proof of the great
affection he had for his subjects. But, notwithstanding the many
remonstrances made to the king both by the provinces and particular
towns, in writing as well as by some principal lords by word of
mouth; and, namely, by the Baron of Montigny and Earl of Egmont, who
with the approbation of the Duchess of Parma, then governess of the
Low Countries, by the advice of the council of state were sent
several times to Spain upon this affair. And, although the king had
by fair words given them grounds to hope that their request should
be complied with, yet by his letters he ordered the contrary, soon
after expressly commanding, upon pain of his displeasure, to admit
the new bishops immediately, and put them in possession of their
bishoprics and incorporated abbeys, to hold the court of the
inquisition in the places where it had been before, to obey and
follow the decrees and ordinances of the Council of Trent, which in
many articles are destructive of the privileges of the country.
This being come to the knowledge of the people gave just occasion to
great uneasiness and clamor among them, and lessened that good
affection they had always borne toward the king and his
predecessors. And, especially, seeing that he did not only seek to
tyrannize over their persons and estates, but also over their
consciences, for which they believed themselves accountable to God
only. Upon this occasion the chief of the nobility in compassion to
the poor people, in the year 1566, exhibited a certain remonstrance
in form of a petition, humbly praying, in order to appease them and
prevent public disturbances, that it would please his majesty (by
showing that clemency due from a good prince to his people) to
soften the said points, and especially with regard to the rigorous
inquisition, and capital punishments for matters of religion. And to
inform the king of this affair in a more solemn manner, and to
represent to him how necessary it was for the peace and prosperity
of the public to remove the aforesaid innovations, and moderate the
severity of his declarations published concerning divine worship,
the Marquis de Berghen, and the aforesaid Baron of Montigny had been
sent, at the request of the said lady regent, council of state, and
of the states-general as ambassadors to Spain, where the king,
instead of giving them audience, and redress the grievances they had
complained of (which for want of a timely remedy did always appear
in their evil consequences among the common people), did, by the
advice of Spanish council, declare all those who were concerned in
preparing the said remonstrance to be rebels, and guilty of high
treason, and to be punished with death, and confiscation of their
estates; and, what is more (thinking himself well assured of
reducing these countries under absolute tyranny by the army of the
Duke of Alva), did soon after imprison and put to death the said
lords the ambassadors, and confiscated their estates, contrary to
the law of nations, which has been always religiously observed even
among the most tyrannic and barbarous princes.
And, although the said disturbances, which in the year 1566 happened
on the aforementioned occasion, were now appeased by the governess
and her ministers, and many friends to liberty were either banished
or subdued, in so much that the king had not any show of reason to
use arms and violence, and further oppress this country, yet for
these causes and reasons, long time before sought by the council of
Spain (as appears by intercepted letters from the Spanish
ambassador, Alana, then in France, writ to the Duchess of Parma), to
annul all the privileges of this country, and govern it tyrannically
at pleasure as in the Indies; and in their new conquests he has, at
the instigation of the council of Spain, showing the little regard
he had for his people, so contrary to the duty which a good prince
owes to his subjects), sent the Duke of Alva with a powerful army to
oppress this land, who for his inhuman cruelties is looked upon as
one of its greatest enemies, accompanied with counselors too like
himself. And, although he came in without the least opposition, and
was received by the poor subjects with all marks of honor and
clemency, which the king had often hypocritically promised in his
letters, and that himself intended to come in person to give orders
to their general satisfaction, having since the departure of the
Duke of Alva equipped a fleet to carry him from Spain, and another
in Zealand to come to meet him at the great expense of the country,
the better to deceive his subjects, and allure them into the toils,
nevertheless the said duke, immediately after his arrival (though a
stranger, and no way related to the royal family), declared that he
had a captain-general's commission, and soon after that of governor
of these provinces, contrary to all its ancient customs and
privileges; and, the more to manifest his designs, he immediately
garrisoned the principal towns and castles, and caused fortresses
and citadels to be built in the great cities to awe them into
subjection, and very courteously sent for the chief nobility in the
king's name, under pretense of taking their advice, and to employ
them in the service of their country. And those who believed his
letters were seized and carried out of Brabant, contrary to law,
where they were imprisoned and prosecuted as criminals before him
who had no right, nor could be a competent judge; and at last he,
without hearing their defense at large, sentenced them to death,
which was publicly and ignominiously executed.
The others, better acquainted with Spanish hypocrisy, residing in
foreign countries, were declared outlawed, and had their estates
confiscated, so that the poor subjects could make no use of their
fortresses nor be assisted by their princes in defense of their
liberty against the violence of the pope; besides a great number of
other gentlemen and substantial citizens, some of whom were
executed, and others banished that their estates might be
confiscated, plaguing the other honest inhabitants, not only by the
injuries done to their wives, children and estates by the Spanish
soldiers lodged in their houses, as likewise by diverse
contributions, which they were forced to pay toward building
citadels and new fortifications of towns even to their own ruin,
besides the taxes of the hundredth, twentieth, and tenth penny, to
pay both the foreign and those raised in the country, to be employed
against their fellow-citizens and against those who at the hazard of
their lives defended their liberties. In order to impoverish the
subjects, and to incapacitate them to hinder his design, and that he
might with more ease execute the instructions received in Spain, to
treat these countries as new conquests, he began to alter the course
of justice after the Spanish mode, directly contrary to our
privileges; and, imagining at last he had nothing more to fear, he
endeavored by main force to settle a tax called the tenth penny on
merchandise and manufacture, to the total ruin of these countries,
the prosperity of which depends upon a flourishing trade,
notwithstanding frequent remonstrances, not by a single province
only, but by all of them united, which he had effected, had it not
been for the Prince of Orange with diverse gentlemen and other
inhabitants, who had followed this prince in his exile, most of whom
were in his pay, and banished by the Duke of Alva with others who
between him and the states of all the provinces, on the contrary
sought, by all possible promises made to the colonels already at his
devotion, to gain the German troops, who were then garrisoned in the
principal fortresses and the cities, that by their assistance he
might master them, as he had gained many of them already, and held
them attached to his interest in order, by their assistance, to
force those who would not join with him in making war against the
Prince of Orange, and the provinces of Holland and Zealand, more
cruel and bloody than any war before. But, as no disguises can long
conceal our intentions, this project was discovered before it could
be executed; and he, unable to perform his promises, and instead of
that peace so much boasted of at his arrival a new war kindled, not
yet extinguished.
All these considerations give us more than sufficient reason to
renounce the King of Spain, and seek some other powerful and more
gracious prince to take us under his protection; and, more
especially, as these countries have been for these twenty years
abandoned to disturbance and oppression by their king, during which
time the inhabitants were not treated as subjects, but enemies,
enslaved forcibly by their own governors.
Having also, after the decease of Don Juan, sufficiently declared by
the Baron de Selles that he would not allow the pacification of
Ghent, the which Don Juan had in his majesty's name sworn to
maintain, but daily proposing new terms of agreement less
advantageous. Notwithstanding these discouragements we used all
possible means, by petitions in writing, and the good offices of the
greatest princes in Christendom, to be reconciled to our king,
having lastly maintained for a long time our deputies at the
Congress of Cologne, hoping that the intercession of his imperial
majesty and of the electors would procure an honorable and lasting
peace, and some degree of liberty, particularly relating to religion
(which chiefly concerns God and our own consciences), at last we
found by experience that nothing would be obtained of the king by
prayers and treaties, which latter he made use of to divide and
weaken the provinces, that he might the easier execute his plan
rigorously, by subduing them one by one, which afterwards plainly
appeared by certain proclamations and proscriptions published by the
king's orders, by virtue of which we and all officers of the United
Provinces with all our friends are declared rebels and as such to
have forfeited our lives and estates. Thus, by rendering us odious
to all, he might interrupt our commerce, likewise reducing us to
despair, offering a great sum to any that would assassinate the
Prince of Orange.
So, having no hope of reconciliation, and finding no other remedy,
we have, agreeable to the law of nature in our own defense, and for
maintaining the rights, privileges, and liberties of our countrymen,
wives, and children, and latest posterity from being enslaved by the
Spaniards, been constrained to renounce allegiance to the King of
Spain, and pursue such methods as appear to us most likely to secure
our ancient liberties and privileges. Know all men by these presents
that being reduced to the last extremity, as above mentioned, we
have unanimously and deliberately declared, and do by these presents
declare, that the King of Spain has forfeited, ipso jure, all
hereditary right to the sovereignty of those countries, and are
determined from henceforward not to acknowledge his sovereignty or
jurisdiction, nor any act of his relating to the domains of the Low
Countries, nor make use of his name as prince, nor suffer others to
do it. In consequence whereof we also declare all officers, judges,
lords, gentlemen, vassals, and all other the inhabitants of this
country of what condition or quality soever, to be henceforth
discharged from all oaths and obligations whatsoever made to the
King of Spain as sovereign of those countries. And whereas, upon the
motives already mentioned, the greater part of the United Provinces
have, by common consent of their members, submitted to the
government and sovereignty of the illustrious Prince and Duke of
Anjou, upon certain conditions stipulated with his highness, and
whereas the most serene Archduke Matthias has resigned the
government of these countries with our approbation, we command and
order all justiciaries, officers, and all whom it may concern, not
to make use of the name, titles, great or privy seal of the King of
Spain from henceforward; but in lieu of them, as long as his
highness the Duke of Anjou is absent upon urgent affairs relating to
the welfare of these countries, having so agreed with his highness
or otherwise, they shall provisionally use the name and title of the
President and Council of the Province.
And, until such a president and counselors shall be nominated,
assembled, and act in that capacity, they shall act in our name,
except that in Holland and Zealand where they shall use the name of
the Prince of Orange, and of the states of the said provinces until
the aforesaid council shall legally sit, and then shall conform to
the directions of that council agreeable to the contract made with
his highness. And, instead of the king's seal aforesaid, they shall
make use of our great seal, center-seal, and signet, in affairs
relating to the public, according as the said council shall from
time to time be authorized. And in affairs concerning the
administration of justice, and transactions peculiar to each
province, the provincial council and other councils of that country
shall use respectively the name, title, and seal of the said
province, where the case is to be tried, and no other, on pain of
having all letters, documents, and despatches annulled. And, for the
better and effectual performance hereof, we have ordered and
commanded, and do hereby order and command, that all the seals of
the King of Spain which are in these United Provinces shall
immediately, upon the publication of these presents, be delivered to
the estate of each province respectively, or to such persons as by
the said estates shall be authorized and appointed, upon peril of
discretionary punishment.
Moreover, we order and command that from henceforth no money coined
shall be stamped with the name, title, or arms of the King of Spain
in any of these United Provinces, but that all new gold and silver
pieces, with their halfs and quarters, shall only bear such
impressions as the states shall direct. We order likewise and
command the president and other lords of the privy council, and all
other chancellors, presidents, accountants-general, and to others in
all the chambers of accounts respectively in these said countries,
and likewise to all other judges and officers, as we hold them
discharged from henceforth of their oath made to the King of Spain,
pursuant to the tenor of their commission, that they shall take a
new oath to the states of that country on whose jurisdiction they
depend, or to commissaries appointed by them, to be true to us
against the King of Spain and all his adherents, according to the
formula of words prepared by the states-general for that purpose.
And we shall give to the said counselors, justiciaries, and officers
employed in these provinces, who have contracted in our name with
his highness the Duke of Anjou, an act to continue them in their
respective offices, instead of new commissions, a clause annulling
the former provisionally until the arrival of his highness.
Moreover, to all such counselors, accomptants, justiciaries, and
officers in these Provinces, who have not contracted with his
highness, aforesaid, we shall grant new commissions under our hands
and seals, unless any of the said officers are accused and convicted
of having acted under their former commissions against the liberties
and privileges of this country or of other the like
maladministration.
We farther command of the president and members of the privy
council, chancellor of the Duchy of Brabant, also the chancellor of
the Duchy of Guelders, and county of Zutphen, to the president and
members of the council of Holland, to the receivers of great
officers of Beoostersheldt and Bewestersheldt in Zealand, to the
president and council of Friese, and to the Escoulet of Mechelen, to
the president and members of the council of Utrecht, and to all
other justiciaries and officers whom it may concern, to the
lieutenants all and every of them, to cause this our ordinance to be
published and proclaimed throughout their respective jurisdictions,
in the usual places appointed for that purpose, that none may plead
ignorance. And to cause our said ordinance to be observed
inviolably, punishing the offenders impartially and without delay;
for so it is found expedient for the public good. And, for better
maintaining all and every article hereof, we give to all and every
one of you, by express command, full power and authority. In witness
whereof we have hereunto set our hands and seals, dated in our
assembly at the Hague, the six and twentieth day of July, 1581,
indorsed by the orders of the states-general, and signed J. De
Asseliers.
Source:
From: Oliver J. Thatcher, ed., The Library of Original Sources
(Milwaukee: University Research Extension Co., 1907), Vol. V: 9th to
16th Centuries, pp. 189-197.