Grand Conseil de Malines: appels de Hollande
Item
Country
BE
Name of institution (English)
National Archives of Belgium (State Archives of Belgium)
Name of institution (official language of the state)
Language of name of institution
deu
Contact information: postal address
Rue de Ruysbroeck, 2, 1000 Brussels
Contact information: phone number
0032 025137680
Contact information: web address
Contact information: email
archives.generales@arch.be
Title (English)
Great Council of the Mechelen: appeals from Holland
Title (official language of the state)
Grand Conseil de Malines: appels de Hollande
Language of title
fra
Creator / accumulator
Grand Conseil de Malines
Date(s)
1473/1795
Language(s)
dut
Extent
17 linear metres
Type of material
Textual Material
Scope and content
The Appels de Hollande (appeals from Holand) of the Grand Conseil de Malines fonds consist of the appeals sent from the region of Holland and Zeeland to this court. Taking into account the extensive commercial activity in the Netherlands, in which a large number of Sephardim participated, it is expected that some of the appeals concern Portuguese merchants trading in the region. Robert van Answaarden (1991) collected and described records from this series of the Grand Conseil de Malines fonds regarding Portuguese merchants, including New Christians. It is the case of an appeal of a sentence by Álvaro Fernandes on behalf of Garcia, Henrique, and Vicente Pimentel, merchants in Lisbon, against Bernardin du Bien, an agent in Middelburg of Catarina Dias de Aguiar, a merchant in Lisbon who detained the monopoly of the Portuguese exportation of cork, 1523 (Dossiers BH, 839).
Archival history
The palace of the Grand Conseil de Malines occupied different buildings in the Early Modern period. In 1616, it was moved from the House of Aldermen (called the Old Palace) to a New Palace. The construction of this new structure was initially ordered by Emperor Carlos V in 1526 but was later suspended in 1547. After the recapture of the Southern Netherlands under King Filipe II of Spain (1585), it was hard to find financial support to complete the building. Nevertheless, the city authorities carefully examined the possibility of offering the Grand Conseil more worthy premises, which was made possible after the opportunity to buy the Palace of Margaret of Austria in 1609. This palace, later known as the New Palace, was inaugurated in November 1616.
The archives of the Grand Conseil were kept at the "greffe" (registry) while they were being used. The attic of the palace was also used as a storage facility. Most "conseillers" (counsellors), "greffiers" (clerks), "procureurs" (prosecutors) and "avocats" (lawyers) often kept files of pending cases or, sometimes, closed cases, at their own residences.
The dispersion and lack of organisation of its documents were not the only difficulties faced by the archives of the Grand Conseil. Times of social or political turmoil often led to partial destruction of the existing fonds. It was the case of the period known as "furie espagnole" (Spanish fury) when the troops of the Duke of Alba looted the city in 1572. Another example occurred later, in 1746, when Mechelen was taken by the French, and Louis XV decided to transfer part of the archives of the Grand Conseil de Malines to the Parlement de Flandre (Parliament of Flanders). However, most of these papers were returned to Mechelen at the end of the War of the Austrian Succession (1749) and, later, in 1769-70, on the occasion of the Treaty of Limits.
New difficulties arose when the Austrian Netherlands was annexed to France (1794), and the sovereign and some advisers decided to go into exile in Germany. On October 17, 1797, the Grand Conseil was formally abolished, and a part of its archive was sent to Vienna. In 1803 and 1809, the archive was transferred again to another city, Paris. However, after the Treaties of Paris in 1814 and 1815, it returned to Brussels. Then, its first storage place was the Hôtel de la Chambre des Comptes (1815-1820). Later, it was moved to the Palais de Justice, which became the seat of the State archives (1822-1823).
A part of the Grand Conseil's archives was not moved to Vienna in the late 18th century, and it remained in the building of the former Grand Conseil de Malines. In 1827, this part was transported to Brussels and placed in the registry of the Superior Court of Justice. Five years later, the government decreed that the archives of the former superior courts of justice that did not concern proceedings in matters of private interest should be transferred to the State Archives. However, this decree was only implemented in 1858.
Thus, the divided documentation of the Grand Conseil de Malines was reunited in the State Archives on May 20, 1859. At this time, numerous trial files arrived at the State Archives without any inventory or list. The archivist Henri-Felix D'Hoop was commissioned to classify this documentation and, in a short time, he succeeded in putting together a series of "trials in the first instance", and in classifying the appeal files according to the province from which they came (1863). Later, the series of appeal files were subdivided in a completely artificial way (cities, towns, civil servants, trades, nobility, clergy, individuals, etc.). Each of these subdivisions should have been ordered chronologically, but this process was never completed.
Between 1904 and 1914, part of the "Appels de Flandre" (appeals of Flanders) was classified by Emile Van Der Mijnsbrugge. This archivist separated the "fiscal" trials from the "ordinary" trials. Eventually, he intended to review the classification of all trial files, but this project did not come to fruition. After his resignation in 1923, the inventory of the "Appels de Flandre" was still incomplete until the arrival of Michel Oosterbosch. In 1998, he carried out the inventory of the first thousand units of the "ordinary trials" series, following the work begun by both D'Hoop and Van Der Mijnsbrugge.
The Mémoriaux du grand Conseil de Malines collection was created in the course of the 17th century by bringing together registers of various kinds, containing acts and documents of particular interest and importance. The collection comprises 26 folio volumes. It remained open until 1740, and from then on no more documentation was added.
The archives of the Grand Conseil were kept at the "greffe" (registry) while they were being used. The attic of the palace was also used as a storage facility. Most "conseillers" (counsellors), "greffiers" (clerks), "procureurs" (prosecutors) and "avocats" (lawyers) often kept files of pending cases or, sometimes, closed cases, at their own residences.
The dispersion and lack of organisation of its documents were not the only difficulties faced by the archives of the Grand Conseil. Times of social or political turmoil often led to partial destruction of the existing fonds. It was the case of the period known as "furie espagnole" (Spanish fury) when the troops of the Duke of Alba looted the city in 1572. Another example occurred later, in 1746, when Mechelen was taken by the French, and Louis XV decided to transfer part of the archives of the Grand Conseil de Malines to the Parlement de Flandre (Parliament of Flanders). However, most of these papers were returned to Mechelen at the end of the War of the Austrian Succession (1749) and, later, in 1769-70, on the occasion of the Treaty of Limits.
New difficulties arose when the Austrian Netherlands was annexed to France (1794), and the sovereign and some advisers decided to go into exile in Germany. On October 17, 1797, the Grand Conseil was formally abolished, and a part of its archive was sent to Vienna. In 1803 and 1809, the archive was transferred again to another city, Paris. However, after the Treaties of Paris in 1814 and 1815, it returned to Brussels. Then, its first storage place was the Hôtel de la Chambre des Comptes (1815-1820). Later, it was moved to the Palais de Justice, which became the seat of the State archives (1822-1823).
A part of the Grand Conseil's archives was not moved to Vienna in the late 18th century, and it remained in the building of the former Grand Conseil de Malines. In 1827, this part was transported to Brussels and placed in the registry of the Superior Court of Justice. Five years later, the government decreed that the archives of the former superior courts of justice that did not concern proceedings in matters of private interest should be transferred to the State Archives. However, this decree was only implemented in 1858.
Thus, the divided documentation of the Grand Conseil de Malines was reunited in the State Archives on May 20, 1859. At this time, numerous trial files arrived at the State Archives without any inventory or list. The archivist Henri-Felix D'Hoop was commissioned to classify this documentation and, in a short time, he succeeded in putting together a series of "trials in the first instance", and in classifying the appeal files according to the province from which they came (1863). Later, the series of appeal files were subdivided in a completely artificial way (cities, towns, civil servants, trades, nobility, clergy, individuals, etc.). Each of these subdivisions should have been ordered chronologically, but this process was never completed.
Between 1904 and 1914, part of the "Appels de Flandre" (appeals of Flanders) was classified by Emile Van Der Mijnsbrugge. This archivist separated the "fiscal" trials from the "ordinary" trials. Eventually, he intended to review the classification of all trial files, but this project did not come to fruition. After his resignation in 1923, the inventory of the "Appels de Flandre" was still incomplete until the arrival of Michel Oosterbosch. In 1998, he carried out the inventory of the first thousand units of the "ordinary trials" series, following the work begun by both D'Hoop and Van Der Mijnsbrugge.
The Mémoriaux du grand Conseil de Malines collection was created in the course of the 17th century by bringing together registers of various kinds, containing acts and documents of particular interest and importance. The collection comprises 26 folio volumes. It remained open until 1740, and from then on no more documentation was added.
Sources:
Administrative / Biographical history
The history of the Grand Conseil de Malines has its origins in the council of the Dukes of Burgundy, a “curia ducis” composed of nobles and jurists.
The growing territorial extension of the Burgundian state increased the number of administrative cases and legal files to be processed, which led to a progressive division of work among the members of the ducal council. From 1435 onwards, the jurists devoted themselves exclusively to judicial matters, while the nobles continued to assist the duke in matters of general policy. Gradually, the jurists' section was organised into an itinerant court of justice, the Grand Conseil de Justice (Grand Council of Justice). This new body was effectively separated from the original ducal council by 1445. However, both councils continued to maintain a strong interaction. Thus, all the documents from both bodies were drawn up at the same chancellery.
At the end of 1473, Charles le Téméraire (1467-1477) converted the Grand Conseil de Justice into a sovereign Parliament, with its own chancellery and a permanent residence in Malines (Mechelen). The Parlement de Malines was, from the institutional standpoint, the continuation of the Grand Conseil, with the same responsibility of ruling in the first and last instance on certain cases involving privileged subjects and acting as a court of appeal for all duchies, counties, and lordships of the countries under its jurisdiction.
After the death of Charles le Téméraire (1477), the Parlement de Malines was threatened by the pressure from the Brabant and Hainaut components of the Etats Généraux (States General), who regarded it as a propagation of the centralising policy of the Dukes of Burgundy. On February 11, 1477, the Parlement de Malines was suppressed by Marie de Bourgogne (1477-1482), and an itinerant Grand Conseil with limited powers was restored.
On January 22, 1504, Philippe le Beau settled the seat of the Grand Conseil in Mechelen again, this time definitely. The Grand Conseil des Pays-Bas à Malines (Grand Council of the Netherlands in Mechelen) regards itself as the legal successor of the itinerant Grand Conseil and the Parlement de Malines. For nearly three centuries (from 1504 to 1795), it remained in Mechelen almost constantly.
In January 1787, after the accession to the throne of Emperor Joseph II, the Grand Conseil and all other "Belgian" courts were abolished, following a judicial reform that aimed to normalise the institutions of the territories under his dominion. Then, a new judicial organisation was set up, composed of 64 first instance courts, two courts of appeal (Brussels and Luxembourg), and a supreme court established in Brussels (the Conseil Souverain de Justice). However, protests against this radical reform led to the suspension of Joseph II's edict a few months later, in May 1787, and to the restoration of the Grand Conseil. Its suspension lasted longer after the Brabant Revolution in December 1789, remaining until the end of the following year, when Emperor Leopold II rose to power.
After the defeat in the Battle of Jemappes on November 6, 1792, the Grand Conseil followed the government in its retreat to the east, remaining in Roermond until the Battle of Neerwinden on March 18, 1793. In July 1793, the Grand Conseil returned to Mechelen. The French victory at Fleurus, on June 26, 1794, forced several members of the Grand Conseil into a new exile. Although the French authorities decided to abolish all the old judicial institutions in November 1795, the exiled members continued their activity for some time in Regensburg and Augsburg. The Treaty of Campo Formio (October 17, 1797) marked the definitive end of the Grand Conseil.
The growing territorial extension of the Burgundian state increased the number of administrative cases and legal files to be processed, which led to a progressive division of work among the members of the ducal council. From 1435 onwards, the jurists devoted themselves exclusively to judicial matters, while the nobles continued to assist the duke in matters of general policy. Gradually, the jurists' section was organised into an itinerant court of justice, the Grand Conseil de Justice (Grand Council of Justice). This new body was effectively separated from the original ducal council by 1445. However, both councils continued to maintain a strong interaction. Thus, all the documents from both bodies were drawn up at the same chancellery.
At the end of 1473, Charles le Téméraire (1467-1477) converted the Grand Conseil de Justice into a sovereign Parliament, with its own chancellery and a permanent residence in Malines (Mechelen). The Parlement de Malines was, from the institutional standpoint, the continuation of the Grand Conseil, with the same responsibility of ruling in the first and last instance on certain cases involving privileged subjects and acting as a court of appeal for all duchies, counties, and lordships of the countries under its jurisdiction.
After the death of Charles le Téméraire (1477), the Parlement de Malines was threatened by the pressure from the Brabant and Hainaut components of the Etats Généraux (States General), who regarded it as a propagation of the centralising policy of the Dukes of Burgundy. On February 11, 1477, the Parlement de Malines was suppressed by Marie de Bourgogne (1477-1482), and an itinerant Grand Conseil with limited powers was restored.
On January 22, 1504, Philippe le Beau settled the seat of the Grand Conseil in Mechelen again, this time definitely. The Grand Conseil des Pays-Bas à Malines (Grand Council of the Netherlands in Mechelen) regards itself as the legal successor of the itinerant Grand Conseil and the Parlement de Malines. For nearly three centuries (from 1504 to 1795), it remained in Mechelen almost constantly.
In January 1787, after the accession to the throne of Emperor Joseph II, the Grand Conseil and all other "Belgian" courts were abolished, following a judicial reform that aimed to normalise the institutions of the territories under his dominion. Then, a new judicial organisation was set up, composed of 64 first instance courts, two courts of appeal (Brussels and Luxembourg), and a supreme court established in Brussels (the Conseil Souverain de Justice). However, protests against this radical reform led to the suspension of Joseph II's edict a few months later, in May 1787, and to the restoration of the Grand Conseil. Its suspension lasted longer after the Brabant Revolution in December 1789, remaining until the end of the following year, when Emperor Leopold II rose to power.
After the defeat in the Battle of Jemappes on November 6, 1792, the Grand Conseil followed the government in its retreat to the east, remaining in Roermond until the Battle of Neerwinden on March 18, 1793. In July 1793, the Grand Conseil returned to Mechelen. The French victory at Fleurus, on June 26, 1794, forced several members of the Grand Conseil into a new exile. Although the French authorities decided to abolish all the old judicial institutions in November 1795, the exiled members continued their activity for some time in Regensburg and Augsburg. The Treaty of Campo Formio (October 17, 1797) marked the definitive end of the Grand Conseil.
Access points: locations
Access points: persons, families
Access points: subject terms
Access points: document types
System of arrangement
The fonds is organised by types of documents. Series are organised chronologically.
Links to finding aids
Author of the description
Kevin Soares, 2022
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