¶ The establishing of the King of Spaine, in gouernment of the Lowe countreys vppon those Articles following, to the which he is most solemply sworne.
Forasmuch & to shew and declare the better our inheritant lāds on this side & y e good and true subiectes therof, the vpright loue, fauour, and affection, which we Emperors alwayes haue borne and yet are bearing. Not requiring, but that which is and concerneth their commō welfaring, rest, peace, and assuraunce. We haue sent for, and caused to come ouer, our welbeloued prince of Spaine, to the intent that hee him selfe shoulde see, examine, visite, and knowe the said our heritable landes of the Low countreys, proceeded of succession, and likewise shewe vnto the subiectes thereof, the good and special true loue and effection which he beareth vnto them. To the intent they shuld be more enclined, affectioned, and to bee bounde to remaine, and for the same certaine other speciall reasons, haue we resolued, [Page] and concludteh him to be receiued, helde, and sworne, by the States and members of all our saide heritable landes, and among others by the Prelates, Nobles, & foure chiefe Cities of this our Dukedome and countreys of Brabant, for their naturall and chiefest Prince and Lorde, for him his heires and successors, to bee occupied after our discease, the said our Dukedome and countreys of Brabant, with his appurtenances, as iust and lawfull Lorde thereof: All which we haue caused to be proposed and declared to the aforesaid three States of Brabant in our presence, and in the presence of our welbeloued sister, and Aunte of our Prince, lady Marie Queene Dawgieresse of Hungarie, of Boheme, &c. In our absence Regent and gouernour of our said heritable landes. And that our will and intention hath beene, and is yet, that our saide sonne the Prince as our only heire to come, likewise do graunt, promise, and sweare the ioyfull income, after the olde order and custome. But because that in the ioyfull income which we and our forefathers haue sworne, are in some points and matters already done, and totally perfourmed, [Page] others which are not to bee perfourmed, nor reasonably for the common wealth and quietnesse of the same countrey. And considering that our said sonne thinkes and doeth require all that which hee shall graunt, promise, & sweare vnto them pointly to obserue and perfourme. So haue we caused to be made communicacion with the aforesaide three States of Brabant, for to haue our ioyful incomming to be seene ouer and visited, because that they them selues might consider al that which oughte therein to be moderated and variated. And for to refourme the articles which shoulde bee found not to be obseruable, nor mainteined. According to which ther had bene kept, diuers communicacions and assemblings together, so that finally after diuers delayings, aduisements, opinions, & reports respectiuely made one to another, they haue in that behalfe consented and willed them selues, according to y e acte hereupon made, signed by them. And also we Prince hauing sure and well vnderstanded the aforesayde ioyfull income of our Lorde and Father, and likewise the adioyned letters and additions thereof, with also the other adioyned [Page] letters and graunts of the sayd our grandfather mentioned in the last article of our aforesaid ioyful income, being truely translated and sette ouer in the Spanish tongue, and likewise also the vocation and moderation therof, & that which therunto is set by, according to the contention of the aforesaid acte, willing and requesting according to the good pleasure of our said Lord and Father, the common countrey of Brabant, and the good people inhabitantes and subiects therof, their rights, priuileges, freedomes, customes, vsances, and old proceedings, obserue and perfourme, especially considered, the great and manifolde seruices, fauours, and fidelitie by them at diuers times done, and shewed to our forefathers, Dukes, and Ducesses of Brabant, of disceased memorie, and among others to our remembred Lorde the Emperour our Lord and father, as true subiects ought to do to their Lords. And as we trust that they likewise will do to vs hereafter. So we haue the will, and knowledge of our sayde Lorde and Father, in this our receiuing and holding within the Citie of Louaine, and with our good knowledge and will also graunted, giuen [Page] and consented, graunt, giue, and consente, search, priuileges, poyntes, and fastnesse of rights, as here do followe, promising and swearing vnto them for vs, our heyres and successours, after the discease of our sayde Lorde and father, (whome God almightie graunt a good long prosperous life,) feruent and stedfastly to obserue and mainteine and cause to bee obserued and mainteined, without breaking, interruption, for euer and euer.
1 That wee shall bee the good and true Lordes, and shall not do nor suffer to bee done to them, any force and wil in any wise, and that we shal not meddle our selues, nor suffer to be medled with the forraine lawes and iudgements. But that we shall vse and cause to be vsed al our Prelates, almeshouses, Banrotches, Noble, and good people, and subiectes of our Cities and Townes of the Country of Brabant and Ouermaze, vse & cause to be vsed in al matters with iudgement, and with lawe according to the lawes of the Cities and Benches, whereas the same ought to be done and shal appertaine. And y t the Iudges of our said Country shal be bound to keepe their terme times of law [Page] without any meanes of prolongations by any their doings or procurement. Reserued that the foresaide Iudges may prolong their termes of Lordships once, & no more.
2 Item, that the preuiledges and charters belonging to the sayde countreys and good people, which they haue at this presēt, & herafter shal or may get in their countreys behalfe, shal remaine in the Castle of V [...]uoorde, in the keeping of an honest worshipfull and well quallified man, borne and resident in Brabant, therunto by the prince committed, or to be committed. Reserued that the same Commissionor shall besworn by the Prince in the presence of the States or their Deputies: whereunto the Prealates and Nobilitie haue appoynted two Prelates, and two Noble men, which the layde Prince, or his Deputie, shal commodiously finde at the time when as the sayde Commissioner shall do his othe. And shall the thirde estate, to wit, the foure chiefe cities (thereunto being required by y e prince) apoint one out of euery chiefe citie which shall bee called thereunto for to be likewise by the swearing of the same othe, which othe shall be and shall conteine to bee good [Page] and true to the saide Prince, and not to alienate nor variate change nor hide the same charters and priuileges by him selfe, nor any others in any wise. And that the saide Commissioner shall giue ouer and deliuer to the States a generall Inuentary of the priuiledges and charters belonging to the said countrie and good people of Brabant, which shall be made by the sayd Commissioner & keeper, in the presence of the Chancellor of Brabant, so extendeth that euery one of the States may knowe thereby, that which concerned and belonged vnto them, for to be kept by the said States into their coffer, & to deliuer to no man in perticular the copie, But the same States, and euery of them, and of the foure chiefest cities, at their request and by order of the saide Chancellour shall haue the sight thereof, Moreouer that the saide keeper of the charters shall be bounde (being thereunto required) by the said States or any of them to giue the sight and copie auctentyke of such originall letters, as the same States, Citie or Cities or any of them shall require and haue neede of, and that by order of the saide Prince or his Counsell of Brabrant.
[Page]3 Item, that we shall neuer bynde our selfe as Duke of Brabant, and countie of Limborch, and for the matters of the Lordshippes of the same countries, for to make warres, nor lay to gage, nor cause for to be done vpon any of them, except it be by the counsell and wil of our cities and Countrie of Brabant, and that wee shall not scale, nor promise other matters wherewithall our countreys, limittes, or cities, or any of them of the sayd countries, or the lawes, lyberties, & priuileges shalbe interrupted, or diminished, wherewithal our countreys and subiectes thereof might be put to charges, or losse in any wise.
4 Item, that we shall take vpon vs the tytle and armes of Lotrycke, of Brabant, of Limbourgh, and Marquis of the holy Empire as it appertayneth, and that wee shall cause to be made and gathered a seale according to the saide Title and armes, with a speciall marke, different of our other seale, which wee shall, nor may cause to be altered, or any others to make, or cause to be counterfeited thereafter, neyther will nor consent therunto in any wise, except it were for reasonble causes which we shoulde then [Page] do, by the consent of their States of the said countrie of Brabant, which seale shall alwayes remaine in the saide countie of Brabrant, and not be caried thereout, and therewithall shall be sealed al the matters belonging to our saide countie of Brabant and Ouermaze, and the subiectes thereof, and none others, and that the letters therof shal be made by one of our Secretaries that shal be ordeyned for the matters of Brabant.
5 Item, that we shall entertayne seuen worshipfull persons, whereof the one shalbe Chancellour and sealer, bound within our saide countrie of Brabant, speaking three languages, scilicet, Latin, Frenche, and Dutch, which shall keepe our saide seale, and the fore borne resident and inherited in our saide countrie of Brabant and that doe possesse of themselues, or by mariage in our said countrie of Brabant Barronnies, and the other two of our part of our counsell, as we shal thinke best vnderstanding dutch, w t which seuen and others thereunto, nowe ordeined them that shal please vs hereafter to the saide counsell to ordeine, wee or our gouernoure, or gouernaunt generall shall cause to meddle and doe all the matters of [Page] the same Countries, & the inhabitants therof concerning Iustice, and all that is thereunto depending, It be of Prouisions ordinaries of Iustice of statutes, placeats edictes, ordinances, commaundements or others by counsell and aduisement of the same, and the aforesaide counsell of Brabant, without that there shall bee done any let or impediment, nor that they shall stand to the order of any man, but of vs, our gouernour or gouernant general, and al them that shal be ours or our successours, Counsellers, or secretaries, before they shall meddle with office of counsell or offices by such faith, fidelitie, and othe as they shall haue done to our successoures, that they to oure three states in our countries behalfe, shall promise and graunte that they shall neuer stande ouer or come by, make letters, signe seale wherewithal any of our countries, Cities, Castles, people reuennues or Lordships by water or by Land, laying on this side, or on the other side of the Maze, shalbe encombred, charged, sold, alienated, giuē away, or acquited in any wise, except it be by consent, and assent of the afore saide three States, And if it be found that any of our [Page] Counsellers, do seale or the secretaries subsigne in their Counsell, office, and seruice, and do so misrule themselues: we shall then correct by counsell of the nobilitie and good Citties of our saide countrie of Brabant, or the moste part thereof.
6 Item, that wee henceforth shall take nor mainteine none to our sworne counsell of Brabant: except they be good men borne of lawful birth in our countrie of Brabāt, and resident within our countrie, inherited or possessing barronnies in our saide countrie proceeding of themselues, or hauing them gottem by mariage, except the two of our counsell which haue the saide Dutche tong.
7 Item that we shal set good men of our counsell of Brabant, for to keepe a counsell chamber in our behalfe, in the place wheras we shall keepe our residence in the saide Country, & if it did happen vs to be therewith, so shal we ordain the same to be kept within the same country, in a fit place, whiche shall haue full power, all men to discharge in our name, and that likewise our reckoning chamber shall be kept as it hath bene kepte vntill this time,
[Page]8 Item that all letters aswell open as closed that shal be granted and & sent foorth from hēceforth in our name out of our counsell of Brabant, either if it bee for vs, or at the request of parties, shall be made dispatched, & sent in such speech as is spoken in the places, whereas they shal be sent vnto.
9 Item y t we shal set no Chanceller, nor sealer, into our Countries of Brabant, except he be of lawfull birth, born within our Country of Brabant, & there dwelling, inheriting possessing Barronies & in our said country of his owne succession, or by marriage, speaking three languages as aforesaide, and being apt & for the purpose, and profitable to the office and Lande, whiche Chancellor shall doe the othe to the same office belonging in our presence, and of the three states to the vse of the common countrie, after the sort as here before is in one point comprehended, concerning the promises which our Counsellers, Sealers, & Secretaryes, shall doe to the saide three States. And that our Secretary of Brabant, and the Clearke of oure freelandes shall be borne in Brabant: reserued that we may ordein two secretaries, thogh they are [Page] not borne in Brabant.
10 Item that our Chauncellor, & men of counsell, Secretaries, the men of oure chamber of reckoninges in Brabant, and Clearks, Shirifs, Maisters of Warrants, masters of Woods, and al others that haue any great offices or doinges, And likewise also all offices vppon the flat land, and also the Burugh masters, and Schepens of our Cities, and al others that do, or administer iustice in our or in our Vasselles name, shal sweare vppon the holye Euangelistes that they shall obserue these our ioyfull ent [...]rye in all pointes, forasmuche as it doeth belong to euery one of them, without any doinges to the contrary thereof with counsel or deede in any wise,
11 Item that they of our Counsell, and all other our officers, Iustices, Burughmasters, Schepens, men of Counsell, men o [...] free landes, our farmers that haue power to aske iudgement, and to giue iudgement and likewise that keep offices & seruices in our saide Country of Brabant, of what offic [...] ther be none reserued, both in cities, town [...] & villages, shal be sworne, Doing their e [...] that they shall not cause to bee taken an [...] [Page] golde, goods, gifts nor any kind of things, not cause nor suffer to be promised or taken by themselues or by any other, for to aduance or to hinder, but that they shall do to all men aswell rich as poore, Equitie and Iustice without any dissembling, Moreouer that they doe not haue respect vppon Burughmasters, Schepens, Counselles, goodes, monie, giftes, nor any manner of seruices, good deedes, giuen or promised, nor offered, or cause to be offered, giue nor offer, nor caused to be offred in their names nor required, or praying therefore in any wise, and whosoeuer doth to the contrary, that in no wise suche neuer shall or may enter in our counsell, seruice, nor in any lawe or gouernement of our Cities, Townes, or Villages.
12 Item that our Countreys of Lymburgh and beyond the Maze shall remain for euer with our countrey of Brabant.
And that they neuer shalbe seperated thereof, that we likewise shall release, and discharge our other countreys of ouer Maze, as we shall be able to do, and bring them to our countrey of Brabant, for to remaine with them, without being separated. [Page] That moreouer to the saide our Countreys of Brabant, shall remaine the Earle and Oyen with their appurtenāces, and others which are thereof alienated. And specially to procure so much, that through the aforesayd place of Oyen, at this present is out of our hands, that notwithstanding the same place bee brought and set agayne into our hands, and remaine together as it hath bene before, if right may be done. And that we, our landes, and castles of ouer Maze, with all their appurtenaunces, shall not encomber any more or further, then there are encombred at this present time. And when they shall come into our hands and power, that wee shall then immediatly cause them to bee ashamed, with our saide countrey of Brabant without any delay, with good sureties on this side of the Maze, and to deliuer the houses thereof to our Countreys, and the sayde houses and townes to bee inhabited by Brabanders, or the same people of the same Countrey, and them that shall assure our Countreys, so well with good sureties resident on this side of the Maze, so that we and our countrey shalbe well assured thereof, that they shall not be seperated [Page] of the sayd our countreys in no wise. And that wee from thencefoorth neuer shall enlarge, nor incomber any more the said countreis, castles, & towns of ouer Maze in any wise. And that the subieces of our said countreys of ouer Maze, shall keepe their lawes and Iustices, whereas it shall appertayne according to the vse of the Benches.
13 Item, that we shal keepe al our subiects and people, of our Countreys, and Cities: and Townes of Brabāt, & ouer Maze, peaceably and quietly in the countreys of Hollande and Zelande, and all other Countreys to trauell by water and land, free and franke vpon their customes as they were wont to do. And that we moreouer, shall keepe our saide subiectes and people of our Country, Cities, and Towns, free & franke to trauell, passe, and repasse, without any molestation of any debts & promises which we or our predecessours, might owe and be debuable or haue promised, or y t wee might owe and promise hereafter. Moreouer, we haue confirmed and allowed to our citizens of our Citie of Bolducke, and do confirme and allow by these presents, such letters as they haue of Duke Iohn of Brabant, and [Page] Lady Iacob, Duchesse in Beyre disceased, concerning y t they should be free of custome in Hollande & Zealand for their marchandise: and we shall command our letters to be made thereof sufficient, according to the letters, and as the countrey of Gealre, that they shall be likewise free of custome, passe, and repasse in the aforesaid countrie, according to y e leters which they haue likewise thereof. And if it were so, that any of due subiectes by reason of debts, or promises of our said prodecessors, or of vs should fall in talke that we shal keepe them harmlesse thereof according to the contention of letter thereof written in Wallon.
14 Item, that we shall keepe open all our free streetes as we ought to do without fraude or guile, for euery man to passe and repasse there through paying their custome, except of debtes or promises which hee did owe, or any forfaytes or offences which might haue offended.
15 Item, that we shall compell or cause to bee compelled all them that owe oure saide Countreys, any wayes, bridges, or passages through their land and goods, and cause them to amende well and sufficiently [Page] the same waies, bridges and passages from time to time, and if that therein were any fault, that in such case the chiefe citie where vnder such wayes, bridges, and passages do lye, shall and may doe vppon the coste and charges of him that is bound thereunto. And for that intent and for the obseruation of all neighbourly rights shall no man be excused.
16 Item, that from henceforth they that shall heare or haue part of our customes in our said countreys, during the terme of their hyring. Also likewise them that haue parte in our cities in the coyning of money, shall or may not be ordeyned, are also likewise receiued,
17 Item, that whatsoeuer man or person that is taken prisonner within our sayde Countreis of Brabant and ouer Maze, that we shall not cary nor cause to be caried out of our saide Countries.
18 Item that wee shall cause no money to bee coyned with our saide countrey of Brabant, except it bee by the will and consent of the common Countreys aforesayde, and that the same peece of money, neuer shall or may bee made lyghter, and if that [Page] it be made lighter, that we shall & may take the same vpon our coyners lyfe and goods, without delay or exception, & that the saide peece of money shalbe made in one of our free cities, and to warrant the same according to the contention of the charter, or letter heretofore made in Wallon.
19 Item, y t no man y t is not of a lawfull birth, shal or may be Counseller, Sheriffe, nor Iusticer in Brabant, nor haue any office of vs.
20 Item, if in case there did fall any difference or fightings in our sayd Countreys that then all that bee not guiltie of the differents or fyghtings, shal haue fast and sure quietnesse from the houre that the sayd differents or fightings were done the space of 24 houres, and whosoeuer do some what in the matter, shall be more quieter.
21 Item, that we shall graunt no man freedome in the countrey, any that hath slaine a man, except he bee first reconciled with the friendes of the disceased.
22 Item, that all them that hencfoorth shall giue the office of Maiors, Bayliffes, & they that haue them already at this present time, that they shall serue the same, and [Page] that they shall or may not, transport, nor sel them, nor let them out, and them that keepe commons, or do other seruices, vppon the flat landes, and that haue aucthoritie to administer Iustice to the people, shal without delay, put in certain sureties afore they shal or may haue their offices, & that in the hands of the Iustice, wheras they do serue in the behalfe of them that might suffer any hurt by them.
23 Item, that the officers of our country of Brabant, concerning Iustice shal not be let out, nor belent, but they shall bee serued as they haue bene vsed to haue kept and obserued in olde time to be serued, & all letting out thereof, shall be of no value nor effecte.
24 Item, y t we shal not suffer y t any man of our Countreys, shall or may arrest, encomber, nor trouble out of our countreis for any matters wheresoeuer they be, except he flee away before, without fraude or guile. Likewise also that whosoeuer of our subiectes doth call the other our of y e Countrey for to fight, or cause to bee called to fight, they shall forfaite two hundreth markes of fine golde, or other wayes to be corrected to the moderation and abiterment of them, of [Page] the Counsell of Brabant.
25 Item, if any of our subiects did robbe or steale, in our countrey of Brabant Ouermaze or the inhabitants thereof, & furthermore if they did lodge into their houses or succoured, with their will and knowledge any enemies to vs as Duke of Brabant, Limburgh and Lordes of the Countreys of Ouermaze, that he shall leese his life and goods, and we shall nor may neuer graunt him againe the said our countreys, & if that we did giue pardon to such, that such pardon shall be of none effect.
26 Item, that if in case that any women were forced, so that shee did cry out, or that it were found to bee true, that it were done agaynst her will, and that she did remayne and continued with the man, then shall wee haue all her moueable goods, and her lands during her life, and after her death, shal the landes returne and succeede where as they ought to goe. And if she did not remayne and continue by the man. In such case we shall haue neither the moueable goods neyther landes, and shal the man that committeth such things, and all his helpers, and likewise they that with their knowledge do [Page] helpe succour and lodge him, doe forfaite their liues, and all their goodes for euer, if in case that they may forfaite it, And if in case that any man did by force conueie away any child being vnder age, either man childe or woman childe, so shall they and all their helpers haue forfetted their life and goodes without exception, and against the same no man shall haue excuse by S. Peters manship, freedome of Cities, or others, but there shall bee vsed according to the lawes of the countries.
27 Item that women shall be accused, nor may bee accused which shoulde hinder him concerning bludshed, neither of killing of any bodie, if in case that hee dare truste himself to stande to the trueth thereof, and will come to his notgyltinesse, vntill the time that he shall be vanquished. Reserued that the officer of the place shall and maye arrest him and keep him in prison, keeping the goodes of him in safetie, proceeding against him to the diffinitiue, either of condemnation or absolution.
28 Item that all our good people and subiectes of our Cities and Countries of Brabant and of Ouermaze, touching all [Page] publique mishappes which may happen to come to their bodies, or their Children, seruantes and familie in whatsoeuer sorte or manner it were, Whereby they or any of them did come from life to death, without any proceeding faultes, the same shal stand and remaine free and franke of any forfets or confiscation of their goodes. Of whiche mischance the magestrates of the places shall visite and consider the matters (at the request of the officer there) and that being done shall declare whether it ought to bee kept for mischance or not, And suche as they shall declare concerning the matter, shall be kept obserued and perfourmed, and if in case, that there bee founde anye fault before, then shall and may the Magistrates punishe the offendor extraordinarily, according to the state of the matter.
29 Item whatsoeuer Cities, Townes Lordships or fortresses, which we shall win with force of armes and common warre out of our countries of Brabant, vpon what soeuer Princes or Lordes, that they shall remaine and apperteine, to our Countrie of Brabant aforesaid, without turning backe againe, and that they shall vse and doe [Page] as our common country ought to do without parting likewise, as our saide Country of Brabant.
30 Item whosoeuer requireth adioining within our said Countrie of Brabant and ouermaze, that wee shall cause him to haue against all men.
31 Item that Saint Peters men & all they that are of Saint Peters manshapes companie shall be vsed and kepte as they ought to be kept by all equitie and Iustice.
32 Item if in case that any parties two together beeing lowe persons do goe to lawe concerning any goods, hauing within our saide countries and the said parties hauing proceeded to the end and condemnation, so that the one do leese the processe or iudgement, and if the same wherefore the processe was there Iudged from him, and if he did shew the same to any priest. Cleark or other spiritual person, or likewise to any other for trouble, & molest the other out of the Countrie whiche had the iudgement vpon him, if also any person resident within our Countrie had the aduancement of the matter, or that also any person residente, within our said Countrie that did giue ouer [Page] the matter to any others for to trouble and molest the partie out the Countries, that he y t did any of these things shal forfet two hundred Marks of golde, or otherwaies to be punished at the arbitrement and moderation of them of our counsell of Brabant.
33 Item that euery man shall and may keepe his own lands or cause, is to be watched and keepe Dogges therto, the clawes vnshortened, without calenging and if that it hapened that any wilde, breake his neck, or ware hurted by the dogs, that the same shal so remaine laying, and that their dogs shal suffer no hurt or domage thereby, And that further euery man shall and may hunt Haires and foxes thorow out all Brabant without calenging, and likewise Connies without free warrands, and also flye with Haukes ouer all without chalenging.
34 Item that henceforth all knightes, yeomen and al good people resident within our countrie of Brabant, shal and may hunt thorow all Brabant in his season, all manner of wilde Deere. Without chalenging, excepte. In the warrantes and Woodes of Zonien, of Zauenterlo, of Greotheyste, of Weeredale and Grootenhout, and to the [Page] intent that this point should be obserued, so haue we promised and sworne, do promise and sweare as is sayd that we shall neuer make any disending, nor cause, nor suffer to [...]e made any commandement to the contrary in any maner of wise, wherewithal these pointes shal suffer any let, hurt, or interrup [...]ion.
35 Item, that henceforth within our said countrey of Brabant, shalbe any warrants, nor kept any then the free warrants, then those that haue bin free warrants, since the yere 1367. and haue bene receiued, so long time for free, of thē that oweth them, except that the good people, suffer not thereby any vnreasonable damage.
36 Item, that the debt shall be brought or deliuered by the lawes or warrants, and [...]wards excepted, debts proceeding of wood and tymber, of olde woods of the Prince, of the countrey, or of other warrantes of the Prince of the Countrey, or of other woods and wards, which from old time haue stood vnder the same lawe.
37 Item, that there shalbe in our countrey of Wallon, a Bayliffe, an honest man borne in our countrey of Brabant, and that [Page] his clearke and other officers vnder borne, and likewise our other iustices & officers of our other 6. offices, shalbe borne of our coū trey of Brabant. And that the court of Genepia, shalbe kept as it was heretofore, so that no man that shall haue occasion there to do, shal not be vsed without order of law.
38 Item, that also henceforth our small Lords, Iustices, & Officers, Rētmasters, particularly shalbe borne within our countrey of Brabant, so that they shall nor may haue serued their sayde offices by any outlandishbrone, of what so euer qualitie they be, and also our Lieftenants of our castles, of our sayd countrey of Brabant, shalbe inborne Brabants, except it were that they did possesse by them selues, or by mariage any olde possessions of the same countrey.
39 Item, that we shall keepe in state our reformed Benches of Santhouen and of Vccle, as they nowe be, & as apperteineth, and that our Schepens of Vccle, shall keep their residence in Brussell.
40 Item, that our citie of Antwerppe with the appurtenāces therunto belonging, shal remaine assembled for euer to our good cities and countrey of Brabant, after such [Page] sort & manour, as she was at the time when she was separated from Brabant, and likewise our Citie of Niuelle, as she hath bene vntill this day.
41 Item, y t our assembling daies which we shall hencefoorth sende to our States, and countrey of Brabant, and of Ouermaze that we shal write alwaies for thē 14. daies before the day, that y e appointed assembling pay shalbe kept (except the matters, wherefore we would keep the same assemblings, did require great haste, and that we shal appoint such commodious places, whereas our saide states may free and frankly without danger, come & goe. And that euery one of our Prelats, Banrotches, Noble, cities, & Townes, of our saide country of Brabant and Ouermaze, before vs or elswere, where as it apperteyneth ioyntly or particularly shall & may say open & declare their charges, and satisfie therewithall without any indignation or rebuke of vs, or by others to haue, or by vs to be disfauoured in any wise, and if in case that they therefore did get any hurt, the same do we promise to reuēge vpon his or their liues & goods w tout remedy.
42 Item, that we shall alwayes set & ordaine [Page] the countreys of our free lands in the places whereas we shall keepe place of residence, so that the parties, with their witnesses, & other things thereunto belonging may easily come therein, and whensoeuer it shal happen to vs, to be out of our countrey of Brabant, then shal we ordaine an hones [...] man, eyther our chiefe Sherife of Brabant or an other y t might bee councellor in Brabant: which in our absence, & as long as [...] shall please vs, shall receiue the free lande [...] touching vs, and in our absence keepe th [...] court dayes in the place whereas the res [...] dence shalbe of our Counsell chambers, an [...] he shall and may do all that appertayne [...] to the free lands, as we might do being o [...] selfe present, without giuing, or forgiuin [...] any thing.
43 Item, that we shal keep free, & cause [...] be kept free, al our fayres being within [...] city of Antwerp, aswel by water as by lan [...] of body & goods, within all our Countrey [...] liberties powers, & commandements. A [...] if it came to passe, y t the aforesaid faire we [...] prolonged 14 dayes or vnder, by the Mag [...] strates of our citie of Antwerpe, we do p [...] mise that we shal keepe, or cause to be ke [...] [Page] free y e said prolonged dayes, as free as we are bonde for to keepe the principall dayes of the layre.
44 Item, that we shall not suffer our free faires of our cities of Brussel, Antwerpe, and likewise the free fayres of the citie of Barrowe, or Zoam, to bee troubled or interrupted by any executions, cōmandements, or dissentions, eyther by letters of mark, countermarkes, arrestmentes, or their like, whiche we might graunt to the contrary, herein excepted our owne proper debtes, & also likewise y e ordinance made, or to bee made by vs, vppon the matter of coyning, which ordinance we will haue obserued, as wel in the aforesayd yerely faires as without, for to haue punished and corrected the transgressors.
45 Item, y t we hēceforth shal grāt no priuiledges, nor liberties to the nations that keepe staple in our countrey of Flāders, y t can or may preiudice & hinder our saide countreys, & inhabitants of Brabant.
46 Item, that we shal let y e inhabitants of our coū trey of Brabant, & their goods which they haue in other countreys and lands, or shal haue hereafter, & the fruites thereof shall suffer quietly and peaceably to haue and enioy, notwithstāding any commandements, or defendings, which might be made to the contrary thereof. And likewise the marchants, and inhabitāts of all our countreys, lordships, and iurisdictions, shall haue & may one among another, trafficke with their goods and marchandize, and walke, trauel, bargaine, sel, bring their goods to the market [Page] to sell, where their liking shall thinke best, paying their ordinarie custome and charges,
47 Item, that we shall cause to be kept, & remain vnto our couurtrey of Brabant, and in the handes of our said countrey indistinctly, the landes, castels, & townes of Hensden, & S. Shertruydenbergh, with all their appurtenances, if in case we may do it with right and reason, due both for the costs and charges or shal kepe or cause to be kept vntil y e money which is den & suffered in y e assigning of S. Shertruydenbergh, and the taking in, and prouiding of Hensden, be duely and totally payde and restituted.
48 Item, if it happen that the cities of Holland, & Zeland, did not perfourme and obserue such tractat or agreement made, and agreed betweene the Pensionaries of Brabant, that we shal then do ful iustice like as if it were of other lawfull debt to the Pensionaries of Brabant, hauing life pentiō vpon the said cities of Holland, and Zeland, in commanding them and the inhabitants thereof.
49 Item, moreouer we haue promised, & by these presents do promise them of y e States of our countrey of Brabant, and Ouermaze, that our lands of our citie of Graue, with the lands of Duke Ressell, and Oyen, if the law will suffer it, shall alwayes remaine anexed and incorporated with our said countreys of Brabant, & that the inhabitants of the said land & citie of Graue, w t the said land of Cuyc Res- & sel Oyen, and shal haue their resort to our counsel [Page] of Brabrant, & not be thereof in any wise seperates
50 Item, that all marchants of whatsoeuer countrey or nation they be, aswel outlādish as inlandish shal and may go by water, to traffect, frequent: bie, & sel peaceably, & quietly in our said coūtrey of Brabant, & Ouermaze, both among vs, & the smal lords of the same our countreis, in what cities, townes, or places, whereas it shal please thē best, paying their custome & charges, w tout that the saide marchants shal and may be compelled w t any restrict commandemēts, or defendings or other waies for to compel to sel the more their marchandizes in one particuler place then in another. And that the saide marchants shall & may chuse themselues their dwelling places and kepe where it shal please them, w tout that for any staples sake, or other wayes they shalbe let or hindred in their free wil, in any wise reserued, that the same which is aforesaid, shall or may not larger be extended then to the Staples which are at this present, within our countreys of Brabant.
51 Item, y t we will not nor may suffer to be done y t any of our subiectes of our countreys of Brabant and of Ouermaze shalbe, (for any ciuill matters) kept and detayned prisoners in any castelles, but that they shal keep their imprisonments within the countyes, except whereas there be no countyes, & that notwithstanding the sayde prisoner putting in suretie for ciuil matters, for to stand to the law and [Page] to accomplish the iudgement, as apperteyneth to y e vse of the place there, except he were arrested vpon condemnations, or for our proper debts.
52 Item, that euery one of what state or condition he shalbe, shall or may not fishe vpon the riuer of the Zenne as hath bin vsed, and was in the time of our olde grandfather, Duke Philip.
43 Item, whensoeuer we or the officers of our Iustices shall haue, apprehende, take prisoner any man, by water or by land, which hath robd or stolen, or taken away anothers goodes, money, or substance, and that he had yet the same goods, or knew y e same goods where they were sold, so shall y e same goods not being forfaited, but the officer vnder whō this shal happen, shalbe bound to restitute, or cause to be restituted to the party from whom it was takē and stolen, if in case the said partie can proue it lawfully to be is own, and that it appeareth lawfully to be his owne, reserued that he shal be bounde to pay to the officer which did this arrest or apprehension, his reasonable sallary at the discretion of the Magistrats of that same place where this was done.
44 Item that henceforth shal nor may apprehend or arrest any of the liberties of cities or otherwaies being vnder vs that are of a good name & fame, except the officer of the place shall first and for most haue taken full information of the suspection, whervppon he woulde arrest and apprehende him, and [Page] that no man shall or may be put to sharpe examinatione, xcept the officer shall first and formoste haue shewed his information to the Magistrates of the place, and that he be thereto condemned by iudgement of the magistrats, except it wer a priuiledged Crime, and whereof the magistrates of the flat land ought to haue no knowledge, and y t the knowledge-belongeth to vs and to our said counsel.
55 Item y t from hencefoorth for euer, no Maior Shirife-Bailife nor any other officers of our countries of Brabant, by vertue of transport of letter of Attornie, which they might haue of any mā, or yet accept, shal or may arrest encōber attach & charge within their liberties by themselues or any others, any inhabitantes of the said our countries, or their goodes, by vertue of any debtes whiche the Cities, Townes and Villages, doe owe of rentes of Liffe-pensions or other debts, and if they doe to the contrary, that the same shall be of no vallure, and beside that, shal forfet to the Lord wheras this shalbe done tenne Andrewe Children.
56 If that henceforth there shall bee giuen no commens, almosses of Lands and perpetual rents in no maner of wise, and that we shall do al our diligence, for to get and to haue reduction of the chaire of Rome of the Annates, of all the Cloisters, & all Almshouses which are or may be discomforted therin, more then they haue beene therein discomforted [Page] heretofore, Reserued that the aforesaid prelates almeshouses & cloisters, shall finde & pay for the costs and charges needefull to the said reduction.
57 Item moreouer we haue confirmed and ratified, confirme and ratifie by these pattens al our prelates almsehouses Cloisters, Banrotches knights, Cities, Townes, and all other oure subiectes and good people of our Countries of Brabant, Ouermaze, and all their lawes Liberties, Priuiledges, Charters, Customs, Vsanses and olde proceedings of lands which they haue, and are giuen, graunted, and sealed them by our forefathers, Dukes and ducesses, and also them which they haue vsed, hanted, and where went to vse and specially the odde letter graunted to the said three states by our said Duke Philip our olde grandfather diseased at his incomming of the date as the letters be of the said incomming. Likewise two other letters graunted by the saide our grandfather disceased the one of the date. 1451. the 20. daye of April, and y e other in the yere. 1457. 28. daies in Nouember, and likewise the two additions of the ioyful income of the Lorde, our father giuen at Ghaunte of the twentie day of April in the yere 1515 after Easter, and the other giuen at Bridges the 26. of April in the same yeare and doe giue them generally & specially: if in case they doe stand to obseruation, and are able to be oberused, to hold them firme and stabell for euer, for vs our heirs & successours, without breaking or doing [Page] or cause to be done to the contrary in any wise.
58 Item we do promise them moreouer for vs our heires and successours, that wee shall neuer alledge deuise or propose, nor cause to be alleaged, as that we are not bound & deluable to keep & obserue the aforesaide liberties, lawes, Priuiledges, Charters, Customes, vsances, and olde vses which when we haue heretofore confirmed & ratified in generall, because and for that we haue not graunted and promised to them the saide pointes and articles, particularly, which we will that shall do no hurte, hinderance or preiudice to them, And because that we will and desire that all the aforesaid pointes, articles giftes, promises, confirmations, and assurances, shal be kepte and remaine sure and constantly for euer. So is it therefore that we haue them altogether generally promised in good faith to all the prelats, cloisters, and almshouses, Barons, knights, Cities, townes, and to all our good people and subiectes of the saide Countries of Brabant and Ouermaze to their heires and successors, and do promise in good faith, and freendly sworne vppon the holye Gospel for vs, our heires and successers that after the dissease of our Lorde and father, to keepe them fast and stedfastly, and there againste neuer to doe or cause to be done, nor suffer to be done in any wise. And if in case that we, our heires and successoures did doe, say, or vppose here against or caused to bee [Page] done, by our selfe or others in our name, in part or in all, in whatsoeuer manner it were. So do we in that case consent & do wil our prelates, barrons, knights Cities and townes, and al others our said subiectes that they shall do to vs, our heires and successours no manner of seruice, nor be obedient in no manner of Cases that we neede, or that wee might require & do request of them vntil the time we shal haue made fullie amendes, and left and forsaken immediatly, all the matters afore mencioned, whereunto we will do, discerne, and declare, that immediatly, al our offices doing to the contrary of this my incomming, shall be left, forsaken, and that al henceforth shall or may be attempted, shalbe of none effect and shall not be obserued in any wise hereafter. And all without fruade or guile. In witnes of which things and for perpetuall assurance, haue wee Emperour and prince aforesaid caused our seale hereunto to be hanged. Giuen in our Citie of Louaine, the fift day of Iuly, Anno. 1549. of our empire of vs Charles the 30. and of our Realmes of Castile, and others. 34. Thus subsigned, Charles, Philippe, & vnderneath is written, By the Emperor, & the saide Prince, & signed by the audience, and first Secretary Verricken, and this Letter was sealed with the seale of the emperor & prince in red waxe with gold and black-silke strings. And vnderneth was written, Collationated and found agreed with the originall, By me I. Facuwez.