The Rise of the Dutch Republic — Complete (1555-66)

by John Lothrop Motley

The edict of 1550 had been re-enacted immediately after Philip's accession to sovereignty. It is necessary that the reader should be made acquainted with some of the leading provisions of this famous document, thus laid down above all the constitutions as the organic law of the land. A few plain facts, entirely without rhetorical varnish, will prove more impressive in this case than superfluous declamation. The American will judge whether the wrongs inflicted by Laud and Charles upon his Puritan ancestors were the severest which a people has had to undergo, and whether the Dutch Republic does not track its source to the same high, religious origin as that of our own commonwealth.

"No one," said the edict, "shall print, write, copy, keep, conceal, sell, buy or give in churches, streets, or other places, any book or writing made by Martin Luther, John Ecolampadius, Ulrich Zwinglius, Martin Bucer, John Calvin, or other heretics reprobated by the Holy Church; nor break, or otherwise injure the images of the holy virgin or canonized saints.... nor in his house hold conventicles, or illegal gatherings, or be present at any such in which the adherents of the above-mentioned heretics teach, baptize, and form conspiracies against the Holy Church and the general welfare..... Moreover, we forbid," continues the edict, in name of the sovereign, "all lay persons to converse or dispute concerning the Holy Scriptures, openly or secretly, especially on any doubtful or difficult matters, or to read, teach, or expound the Scriptures, unless they have duly studied theology and been approved by some renowned university..... or to preach secretly, or openly, or to entertain any of the opinions of the above-mentioned heretics..... on pain, should anyone be found to have contravened any of the points above-mentioned, as perturbators of our state and of the general quiet, to be punished in the following manner." And how were they to be punished? What was the penalty inflicted upon the man or woman who owned a hymn-book, or who hazarded the opinion in private, that Luther was not quite wrong in doubting the power of a monk to sell for money the license to commit murder or incest; or upon the parent, not being a Roman Catholic doctor of divinity, who should read Christ's Sermon on the Mount to his children in his own parlor or shop? How were crimes like these to be visited upon the transgressor? Was it by reprimand, fine, imprisonment, banishment, or by branding on the forehead, by the cropping of the ears or the slitting of nostrils, as was practised upon the Puritan fathers of New England for their nonconformity? It was by a sharper chastisement than any of these methods. The Puritan fathers of the Dutch Republic had to struggle against a darker doom. The edict went on to provide—

"That such perturbators of the general quiet are to be executed, to wit: the men with the sword and the women to be buried alive, if they do not persist in their errors; if they do persist in them, then they are to be executed with fire; all their property in both cases being confiscated to the crown."

Thus, the clemency of the sovereign permitted the repentant heretic to be beheaded or buried, alive, instead of being burned.

The edict further provided against all misprision of heresy by making those who failed to betray the suspected liable to the same punishment as if suspected or convicted themselves: "we forbid," said the decree, "all persons to lodge, entertain, furnish with food, fire, or clothing, or otherwise to favor any one holden or notoriously suspected of being a heretic;... and any one failing to denounce any such we ordain shall be liable to the above-mentioned punishments."

The edict went on to provide, "that if any person, being not convicted of heresy or error, but greatly suspected thereof, and therefore condemned by the spiritual judge to abjure such heresy, or by the secular magistrate to make public fine and reparation, shall again become suspected or tainted with heresy—although it should not appear that he has contravened or violated any one of our abovementioned commands—nevertheless, we do will and ordain that such person shall be considered as relapsed, and, as such, be punished with loss of life and property, without any hope of moderation or mitigation of the above-mentioned penalties."

Furthermore, it was decreed, that "the spiritual judges, desiring to proceed against any one for the crime of heresy, shall request any of our sovereign courts or provincial councils to appoint any one of their college, or such other adjunct as the council shall select, to preside over the proceedings to be instituted against the suspected. All who know of any person tainted with heresy are required to denounce and give them up to all judges, officers of the bishops, or others having authority on the premises, on pain of being punished according to the pleasure of the judge. Likewise, all shall be obliged, who know of any place where such heretics keep themselves, to declare them to the authorities, on pain of being held as accomplices, and punished as such heretics themselves would be if apprehended."

In order to secure the greatest number of arrests by a direct appeal to the most ignoble, but not the least powerful principle of human nature, it was ordained "that the informer, in case of conviction, should be entitled to one half the property of the accused, if not more than one hundred pounds Flemish; if more, then ten per cent. of all such excess."

Treachery to one's friends was encouraged by the provision, "that if any man being present at any secret conventicle, shall afterwards come forward and betray his fellow-members of the congregation, he shall receive full pardon."

In order that neither the good people of the Netherlands, nor the judges and inquisitors should delude themselves with the notion that these fanatic decrees were only intended to inspire terror, not for practical execution, the sovereign continued to ordain—"to the end that the judges and officers may have no reason, under pretext that the penalties are too great and heavy and only devised to terrify delinquents, to punish them less severely than they deserve—that the culprits be really punished by the penalties above declared; forbidding all judges to alter or moderate the penalties in any manner forbidding any one, of whatsoever condition, to ask of us, or of any one having authority, to grant pardon, or to present any petition in favor of such heretics, exiles, or fugitives, on penalty of being declared forever incapable of civil and military office, and of being, arbitrarily punished besides."