The Twelve Years Truce (1609)

The Twelve Years Truce (1609) <UN> Legal History Library volume 13 Studies in the History of International Law Series Editor Randall Lesaffer Tilburg University, Catholic University of Leuven Editorial Board Tony Carty (Hong Kong University) Peter Haggenmacher (Institut de Hautes Études Internationales Genève) Martine Julia van Ittersum (University of Dundee) Emmanuelle Tourme Jouannet (Paris I, Panthéon-Sorbonne) Lauri Mälksoo (University of Tartu) James Q. Whitman (Yale University) Masaharu Yanagihara (Kyushu University) volume 6 The titles published in this series are listed at brill.com/shil <UN> The Twelve Years Truce (1609) Peace, Truce, War and Law in the Low Countries at the Turn of the 17th Century Edited by Randall Lesaffer LEIDEN | BOSTON <UN> Cover illustration: Official Dutch publication of the Truce of 1609. © National Archives, The Hague, Archives of the States General 1576–1796. Library of Congress Cataloging-in-Publication Data The Twelve Years’ Truce (1609) : peace, truce, war, and law in the low countries at the turn of the 17th century / edited by Randall Lesaffer. pages cm. -- (Legal history library ; v. 13) ISBN 978-90-04-27491-4 (hardback: alk. paper) -- ISBN 978-90-04-27492-1 (e-book) 1. Spain. Treaties, etc. United Provinces of the Netherlands, 1609 Apr. 9. 2. Netherlands--History--Twelve Years’ Truce, 1609-1621. 3. Spain. Treaties, etc. United Provinces of the Netherlands, 1648 January 30. 4. Netherlands--History-- Eighty Years’ War, 1568-1648. 5. Law--Benelux countries--History. I. Lesaffer, Randall, editor of compilation. KZ1329.8.A58T84 2014 949.2’03--dc23 2014014503 This publication has been typeset in the multilingual “Brill” typeface. With over 5,100 characters covering Latin, ipa, Greek, and Cyrillic, this typeface is especially suitable for use in the humanities. For more information, please see www.brill.com/brill-typeface. issn 1874-1793 isbn 978-90-04-27491-4 (hardback) isbn 978-90-04-27492-1 (e-book) Copyright 2014 by Koninklijke Brill nv, Leiden, The Netherlands. Koninklijke Brill nv incorporates the imprints Brill, Brill Nijhoff, Global Oriental and Hotei Publishing. All rights reserved. No part of this publication may be reproduced, translated, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without prior written permission from the publisher. Authorization to photocopy items for internal or personal use is granted by Koninklijke Brill nv provided that the appropriate fees are paid directly to The Copyright Clearance Center, 222 Rosewood Drive, Suite 910, Danvers, ma 01923, usa. Fees are subject to change. This book is printed on acid-free paper. <UN> Contents Note on Contributors vii Introduction 1 Randall Lesaffer Part 1 Truce and Peace 1 The Twelve Years Truce: Textual Explanations 7 Paul Brood 2 Preparing the Ground: The Cession of the Netherland’s Sovereignty in 1598 and the Failure of its Peace-Making Objective, 1607–1609 15 Alicia Esteban Estríngana 3 The Act of Cession, the 1598 and 1600 States General in Brussels and the Peace Negotiations during the Dutch Revolt 48 Bram De Ridder and Violet Soen 4 The Anglo-Spanish Peace Treaty of 1604: A Rehearsal for Belgian Diplomats? 69 Alain Wijffels Part 2 Truce and War 5 Left ‘Holding the Bag’: The Johor-voc Alliance and the Twelve Years Truce (1606–1613) 89 Peter Borschberg 6 The Tactical Military Revolution and Dutch Army Operations during the Era of the Twelve Years Truce (1592–1618) 121 Olaf van Nimwegen <UN> vi Contents 7 ‘Une oppression insupportable au peuple’: The Impact of Contributions on Armistice, Peace and Truce Negotiations 152 Tim Piceu Part 3 Truce and Law 8 The United Provinces: ‘Free’ or ‘Free and Sovereign’? 181 Beatrix C.M. Jacobs 9 How ‘Sovereign’ were the Southern Netherlands under the Archdukes? 196 Georges Martyn 10 The Early Doctrine of International Law as a Bridge from Antiquity to Modernity and Diplomatic Inviolability in 16th- and 17th-Century European Practice 210 Carlo Focarelli 11 From Antwerp to Munster (1609/1648): Truce and Peace under the Law of Nations 233 Randall Lesaffer, Erik-Jan Broers and Johanna Waelkens 12 ‘La dernière ancre de leur finesse’: Truce and Peace Treaties as Criteria for bellum justum in Early Modern Europe 256 Bernd Klesmann 13 The Treaty of London, the Twelve Years Truce and Religious Toleration in Spain and the Netherlands (1598–1621) 277 Werner Thomas <UN> Note on Contributors Peter Borschberg is an associate professor in the Department of History at the National University of Singapore and a visiting professor in modern history at the University of Greifswald. He has published widely on the history of early modern trade from a global perspective, colonial Southeast Asia as well as on the origins of modern international law. Erik-Jan Broers is assistant professor of legal history at Tilburg Law School. He has widely published on the history of criminal law. Paul Brood is a legal historian and archivist at the National Archives of the Netherlands in The Hague. Bram De Ridder is a PhD fellow of the Research Foundation – Flanders (fwo) at the University of Leuven. He studied history in Leuven and International Relations at the University of Cambridge. His work focuses on early modern border issues and peace. Alicia Esteban Estríngana is professor of history at the University of Alcalá de Henares. She is a leading specialist on the Spanish Empire in the Early Modern Age. Carlo Focarelli is professor of international law at the University of Perugia and luiss Guido Carli University of Rome where he has also taught history of international law. He is the author of International Law as Social Construct (Oxford, 2012) and Introduzione storica al diritto internazionale (Milan, 2012). Beatrix C.M. Jacobs is professor of Dutch legal history at Tilburg Law School. She published especially on the history of the administration of justice, procedural law and constitutional law. <UN> viii Notes on contributors Randall Lesaffer is professor of legal history at Tilburg Law School and part-time professor of international and European legal history at the University of Leuven. Most of his work relates to the law of nations in Early-Modern Europe. Bernd Klesmann is research assistant at Cologne University (Historisches Institut). His primary areas of interest are international, especially French history of the 17th and 18th centuries and the history of journalism. Georges Martyn is professor of legal history at the University of Ghent. His main fields of research are the history of the legal professions, legal iconography and early modern private and public law. Tim Piceu is a historian and an assistant at the University of Leuven campus Kortrijk. He currently works on the historiography of the Southern Netherlands between 1500 and 1830. Violet Soen is professor of Early Modern History at the University of Leuven. Her work focuses on war, peace and reconciliation during the Dutch Revolt. Werner Thomas is professor of Spanish and Latin American history at the University of Leuven. He has focused his research on the Low Countries as a part of the Spanish monarchy, and has published on the history of the Spanish inquisition, Protestantism in Spain, and the government of the Archdukes in the Southern Netherlands. Olaf van Nimwegen is a research fellow at the University of Utrecht. He is a specialist in the military history of the Dutch Republic. Johanna Waelkens studied classics as well as law and is now a PhD fellow at the Faculty of Law of the University of Leuven. She writes a thesis in the field of contract law. <UN> Notes on contributors ix Alain Wijffels teaches at the universities of Leiden, Leuven and Louvain-la-Neuve. His main subjects are legal history and comparative law. He is also a research fellow of the French cnrs (umr 8025, Lille). <UN> Introduction Randall Lesaffer On 9 April 1609, the representatives of the States General of the Republic of the United Provinces of the Northern Netherlands and the representatives of the Archdukes Albert and Isabelle, sovereign lords of the Southern Netherlands, signed a truce for twelve years at Antwerp. On 7 July, the Spanish King Philip III ratified the Treaty at Madrid, putting his signature under a text that implied the, albeit temporary, recognition of the United Provinces as free states. The Treaty suspended the hostilities between the rebellious Northern Netherlands and the Spanish Monarchy that had first erupted in 1567 and which had grown into a major, full scale war and spilled over into the Indies. After the expiration of the truce in 1621, war resumed until the final peace settlement at Munster of 30 January 1648 put an end to what has become known as the Eighty Years War (1567–1648). The Twelve Years Truce is a major event in the national political and constitutional history of the Netherlands. Although formally speaking, the recognition of its freedom by Spain was temporary, it was a crucial step in the birth of the Republic as a sovereign power. The Peace Treaty of Munster would add little to that, except for the definite acquiescence by Spain to a reality that had by then existed and had hardly been seriously contested for almost four decades. The text of the Peace Treaty itself was largely copied from the Twelve Years Truce. The scope of this book is not limited to the significance of the Twelve Years Truce in Dutch national history. The Antwerp Treaty is rather looked upon as an event through which to study the turmoil and upheaval that marked the international order of Europe and the law of nations at the time. The period running from the early 16th to the midst of the 17th century saw a fundamental transition of the international order of Europe.

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