Henricus Kinschotius (1541–1608)

Summary This article is aimed at investigating the power to pardon insolvent debtors in the early modern Duchy of Brabant through the analysis of Henricus Kinschotius’ treatise De solutionum induciis , 4th part of his opus De rescriptis Gratiae, a supremo Brabantia senatu nomine Ducis concedi solitis . In his treatise, Kinschotius, a Brabantian lawyer of the second part of the xvi th century, seeks to study the so-called letters of atterminatio and respite, which are ducal grace letters intended to grant payment suspension to insolvent bona fide debtors. As supreme jurisdiction of the duchy, the Sovereign Council of Brabant is the main institution empowered to issue these pardon letters on behalf of the Duke. But granting such debt deferral is likely to affect the creditors’ interests. As a matter of consequence, several legal requirements must be fulfilled to benefit from a letter of atterminatio : the requesting debtor must notably provide a sufficient guarantee and obtain the consent of the majority of his creditors. This paper will thus discuss the procedural aspects for acquiring those letters, the scope of application ratione personae and materiae (with a list of claims that cannot be subject to a debt deferral) as well as their legal conditions and effects. Finally, special attention will be paid to the common practices of abuse committed by fraudulent debtors and which solutions Kinschotius proposes to put an end to it. As it will be concluded, Kinschotius’ study of the practice of letters of atterminatio and respite by the Council of Brabant illustrates a strong and tenacious autonomy of a provincial institution in the context of the assertion of sovereignty and centralisation of power that characterised the modern Habsburg Low Countries.