The Rise of the Dutch Republic — Volume 31: 1580-82Motley, John Lothrop
History
The Rise of the Dutch Republic — Volume 31: 1580-82
Motley, John Lothrop
Netherlands -- Church history; Netherlands -- History -- Eighty Years' War, 1568-1648
With regard to the position of the Prince, as hereditary chief of the
little commonwealth, his actual power was rather diminished than
increased by his new dignity. What was his position at the moment?
He was sovereign during the war, on the general basis of the authority
originally bestowed upon him by the King's commission of stadholder.
In 1581, his Majesty had been abjured and the stadholder had become
sovereign. He held in his hands the supreme power, legislative,
judicial, executive. The Counts of Holland--and Philip as their
successor--were the great fountains of that triple stream. Concessions
and exceptions had become so extensive; no doubt, that the provincial
charters constituted a vast body of "liberties" by which the whole
country was reasonably well supplied. At the same time, all the power
not expressly granted away remained in the breast of the Count. If
ambition, then, had been William's ruling principle, he had exchanged
substance for shadow, for the new state now constituted was a free
commonwealth--a republic in all but name.
By the new constitution he ceased to be the source of governmental life,
or to derive his own authority from above by right divine. The sacred
oil which had flowed from Charles the Simple's beard was dried up.
Orange's sovereignty was from the estates; as legal representatives of
the people; and, instead of exercising all the powers not otherwise
granted away, he was content with those especially conferred upon him.
He could neither declare war nor conclude peace without the co-operation
of the representative body. The appointing power was scrupulously
limited. Judges, magistrates, governors, sheriffs, provincial and
municipal officers, were to be nominated by the local authorities or by
the estates, on the triple principle. From these triple nominations he
had only the right of selection by advice and consent of his council.
He was expressly enjoined to see that the law was carried to every man's
door, without any distinction of persons; to submit himself to its
behests, to watch against all impedimenta to the even flow of justice, to
prevent false imprisonments, and to secure trials for every accused
person by the local tribunals. This was certainly little in accordance
with the arbitrary practice of the past quarter of a century.
Public-domain text, read in full here on John Shaqi.
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