Renewal of the Previous Bloody Decrees of Emperor Charles the Fifth, in the Year 1556

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Renewal of the Previous Bloody Decrees of Emperor Charles the Fifth, in the Year 1556

RENEWAL OF THE PREVIOUS BLOODY DECREES OF EMPEROR CHARLES THE FIFTH, AGAINST THE BAPTISTS OR SO CALLED ANABAPTISTS, BY PHILIP THE SECOND, KING OF SPAIN, IN THE YEAR 1556

Up to this time, Emperor Charles the Fifth was alone, or at least chiefly responsible, for the shedding of the blood of the saints in the Netherlands, and also for the most cruel tyrannies which were inflicted on them by fire, water, sword, and otherwise, through the instrumentality of the Inquisition and through what followed afterwards; but in this year his son, Philip the Second, King of Spain, following in his father's footsteps (instead of lightening the constraint of conscience), had all the previous bloody and cruel decrees which his father had issued against the so called heretics renewed and confirmed, especially the most cruel decree published on the 25th of September, 1550. We have held back its contents until the present time, but will now bring them forward here, as renewed in the year 1556, however not with all its particulars, but only so far as it was directed (principally) against the Anabaptists and their doctrine.

In the book in which the prince of Orange, William the First, defends himself against the false charges which his adversaries sought unjustly to bring against him, printed in 1569, mention of this is made (page 165, letter L. 6.), in the following words.

Of the ordinances and decrees made for all times,

and for general observance, and proclaimed

everywhere, from the 25th of September,

1550, and renewed and confirmed by

his Royal Majesty in the year 1556

We likewise forbid all lay persons, and others, to converse or dispute about the holy Scriptures, whether openly or secretly, especially in doubtful and difficult matters; or to teach, expound or interpret the holy Scriptures to others, unless they [who do so] are theologians and versed in divinity and spiritual law, and approved by some notable university, or others authorized to do so by the ordinary of the place. Let it be well understood, however, that this is not to be regarded as applying to those who simply and only converse together on the aforesaid holy Scriptures, bringing in the expositions of holy and approved doctors; but to those who, in order to seduce others, or to teach and instruct them in what is forbidden, maintain and teach evil and false propositions and doctrines contrary to the ordinances of our mother, the holy church, and who are notoriously considered heretics; or who preach, defend, allege or maintain, openly or secretly, any doctrines of the authors named above.

On pain that if any are found to have acted contrary to any of the points stated above, they shall be punished as seditious persons, and disturbers of our realm and the common peace, and be executed as such

Namely, the men with the sword, and the women buried alive; that is, if they will not maintain or defend their errors. But if they persist in their errors, opinions, or heresies, they are to be executed with fire; and in every case all their property is declared confiscated, and forfeited for our benefit.

And as regards what we had ordained in our previous decrees and our last ordinances, that from the day they had acted contrary to them, or had fallen into the errors named above, they should be disqualified from disposing of their property, and that all alienations, gifts, cessions, sales, conveyances, transfers, testaments, or last wills, made and executed by them from that day on, should be null, invalid and void.

Again (page 168): Since many from our aforesaid countries who are suspected of heresy, especially of the sect of the Anabaptists, change their place of residence in order to infect the simple in places where their character is not known, we, in order to guard against this, will, ordain, and decree that none of the inhabitants of our aforesaid Netherlands, of whatever state, quality or condition he may be, shall be admitted or received into any city or village of these countries, to live there, unless he brings with him a certificate from the parish priest of the place where he last resided.

Which certificate he shall be required to show and deliver into the hands of the principal officer of the city or village where he intends to live; on pain that those who do not bring such certificates shall not be admitted to live there.

And we charge the officers to inform themselves diligently with regard to them, and to proceed in the matter as shall be proper, without our aforesaid officers, or the particular lords and their officers, being permitted to grant such persons any pass or safe conduct.

Again (page 171): That all who have knowledge of any who are tainted with heresy shall be bound, immediately and without delay, to accuse, report, and point them out to all spiritual judges, deputies of the bishops, and other proper persons.

Likewise, if any are found to have acted contrary to these our ordinances and prohibitions, showing himself to be infected, or a favorer of the heretics, or committing any act contrary to these our ordinances and prohibitions, especially anything tending to scandal or sedition, those who have knowledge of them shall be bound to report it immediately to our proctors, or their substitutes and commissaries, or to the officers of the place where such tainted favorers or offenders live; and this on pain of arbitrary punishment.

In like manner, if they know the place where any such heretics keep or shelter themselves, they shall be bound to point it out to the officer of that place, on pain of being considered, as stated before, favorers, entertainers and adherents of heresy, and punished with the same punishment as would be inflicted on the heretic or offender, if he should be apprehended.

And in order that the aforesaid judges and officers, who shall apprehend these heretics, Anabaptists, and transgressors of our aforesaid ordinances and prohibitions, may have no reason, under the pretense that the punishments seem too great and severe and were decreed only to deter the delinquents (Anabaptists) and offenders, to deal deceitfully with them, their accomplices and favorers, or to punish them less than they have deserved, as has often been found to have been done heretofore; therefore we will that those whom they know to have acted contrary to these ordinances, or who have kept in their possession, printed, sold, distributed, or published any heretical scandalous books, writings . . . or have contravened the points already indicated, or to be stated hereafter, or some of them, shall actually be punished and corrected with the punishments set forth above.

We forbid all our judges, justiciaries and officers, and also our vassals and subjects, temporal lords who exercise high justice, and their officers, in any way to alter, mitigate or change the aforesaid punishments (those ordained to be inflicted with the sword, earth, or fire); but, on having taken cognizance of such contravention, plainly to declare and decree the aforesaid punishments, pursuant to these present ordinances, on pain of being severely punished; unless in some particular case the said judges, because of great and important considerations, should find difficulty as to the exact execution of the punishment decreed against the transgressor by our aforesaid ordinances.

In that case they may nevertheless not mitigate the punishment of their own accord, but shall be bound to carry or send the criminal process, faithfully closed and sealed, to the sovereign or provincial council under whose jurisdiction they belong, there to be examined and deliberated on, as to whether any alteration or mitigation of the aforesaid punishment is proper or not.

And if our aforesaid councilors find that in good justice, according to right and reason (with regard to which we charge their consciences), any mitigation or alteration is proper, in that case they may advise them in writing, and send it all to the said judges and officers, so that the latter may finish and conclude the said process in accordance with it.

We command them to do nothing less, and we charge them very expressly and strictly, on pain of being arbitrarily corrected and punished, not to make use of these consultations without great and important reasons, but to be governed, as much as they can, by the contents of these present ordinances.

Extracted from the great book of decrees of Ghent, in which are collected all the decrees, mandates, and ordinances of Emperor Charles the Fifth, and of King Philip the Second; and cited by William the First, Prince of Orange, in his defense against his adversaries, edition of 1569, from page 165 to 174 inclusive.