The Rise of the Dutch Republic — Volume 06: 1560-61Motley, John Lothrop
History
The Rise of the Dutch Republic — Volume 06: 1560-61
Motley, John Lothrop
Netherlands -- Church history; Netherlands -- History -- Eighty Years' War, 1568-1648
Against the arbitrary policy embodied in the edicts, the new bishoprics
and the foreign soldiery, the Netherlanders appealed to their ancient
constitutions. These charters were called "handvests" in the vernacular
Dutch and Flemish, because the sovereign made them fast with his hand.
As already stated, Philip had made them faster than any of the princes of
his house had ever done, so far as oath and signature could accomplish
that purpose, both as hereditary prince in 1549, and as monarch in 1555.
The reasons for the extensive and unconditional manner in which he swore
to support the provincial charters, have been already indicated.
Of these constitutions, that of Brabant, known by the title of the
'joyeuse entree, blyde inkomst', or blithe entrance, furnished the most
decisive barrier against the present wholesale tyranny. First and
foremost, the "joyous entry" provided "that the prince of the land should
not elevate the clerical state higher than of old has been customary and
by former princes settled; unless by consent of the other two estates,
the nobility and the cities."
Again; "the prince can prosecute no one of his subjects nor any foreign
resident, civilly or criminally, except in the ordinary and open courts
of justice in the province, where the accused may answer and defend
himself with the help of advocates."
Further; "the prince shall appoint no foreigners to office in Brabant."
Lastly; "should the prince, by force or otherwise, violate any of these
privileges, the inhabitants of Brabant, after regular protest entered,
are discharged of their oaths of allegiance, and as free, independent and
unbound people, may conduct themselves exactly as seems to them best."
Such were the leading features, so far as they regarded the points now at
issue, of that famous constitution which was so highly esteemed in the
Netherlands, that mothers came to the province in order to give birth to
their children, who might thus enjoy, as a birthright, the privileges of
Brabant. Yet the charters of the other provinces ought to have been as
effective against the arbitrary course of the government. "No foreigner,"
said the constitution of Holland, "is eligible as, councillor, financier,
magistrate, or member of a court. Justice can be administered only by
the ordinary tribunals and magistrates. The ancient laws and customs
shall remain inviolable. Should the prince infringe any of these
provisions, no one is bound to obey him."
Public-domain text, read in full here on John Shaqi.
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