Transitional Justice in Consultations of Hendrik van Kinschot (1541–1608) Learned Legal Practice on Wars, Loans and Credit

Resumen

This article presents three consultations by Hendrik van Kinschot (Kinschotius, 15411608), a lawyer from the Southern Netherlands who acted as an advocatus at the Council of Brabant. All three responsa deal with questions of loans and credit after a period of war and rebellion. Responsum 55 concerns a forced loan that had been accorded by the chapter of Saint Gudula in Brussels to the Calvinist-led magistrate in February 1580. After 1585, the chapter of Saint Gudula asked repayment. Questions on the liability of the new magistrate for contracts of its rebellious predecessors are raised and solved by our Brabantian jurist. Responsa 6 and 47 interpret restitution clauses in two peace treaties, namely the Pacification of Ghent (1576) and the Capitulation of Antwerp (1585). Especially the issue was raised whether the promised restitution also included claims against the fisc (nomina) that had been terminated through confusion (confusio). All three consultations offer a good example of learned legal practice. Kinschot skilfully applies the framework of the ius commune to the local situation, taking into account particular law.