The Rise of the Dutch Republic — Complete (1555-84)

by John Lothrop Motley

"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."

Such were the leading provisions of this famous edict, originally promulgated in 1550 as a recapitulation and condensation of all the previous ordinances of the Emperor upon religious subjects. By its style and title it was a perpetual edict, and, according to one of its clauses, was to be published forever, once in every six months, in every city and village of the Netherlands. It had been promulgated at Augsburg, where the Emperor was holding a diet, upon the 25th of September. Its severity had so appalled the Dowager Queen of Hungary, that she had made a journey to Augsburg expressly to procure a mitigation of some of its provisions. The principal alteration which she was able to obtain of the Emperor was, however, in the phraseology only. As a concession to popular, prejudice, the words "spiritual judges" were substituted for "inquisitors" wherever that expression had occurred in the original draft.

The edict had been re-enacted by the express advice of the Bishop of Arras, immediately on the accession of Philip: The prelate knew the value of the Emperor's name; he may have thought, also, that it would be difficult to increase the sharpness of the ordinances. "I advised the King," says Granvelle, in a letter written a few years later, "to make no change in the placards, but to proclaim the text drawn up by the Emperor, republishing the whole as the King's edict, with express insertion of the phrase, 'Carolus,' etc. I recommended this lest men should calumniate his Majesty as wishing to introduce novelties in the matter of religion."