The Rise of the Dutch Republic, 1568 part 1 | Page 7

John Lothrop Motley
these privileges, and had been protesting at every step of the proceedings. In what manner the learned President argued these troublesome statutes out of the way, has nowhere appeared; but he completely reinstated himself in favor, and the King wrote to thank him for his legal exertions.
It was now boldly declared that the statutes of the Fleece did not extend to such crimes as those with which the prisoner were charged. Alva, moreover, received an especial patent, ante-dated eight or nine months, by which Philip empowered him to proceed against all persons implicated in the troubles, and particularly against Knights of the Golden Fleece.
It is superfluous to observe that these were merely the arbitrary acts of a despot. It is hardly necessary to criticise such proceedings. The execution of the nobles had been settled before Alva left Spain. As they were inhabitants of a constitutional country, it was necessary to stride over the constitution. As they were Knights of the Fleece, it was necessary to set aside the statutes of the Order. The Netherland constitutions seemed so entirely annihilated already, that they could hardly be considered obstacles; but the Order of the Fleece was an august little republic of which Philip was the hereditary chief, of which emperors, kings, and great seigniors were the citizens. Tyranny might be embarrassed by such subtle and golden filaments as these, even while it crashed through municipal charters as if they had been reeds and bulrushes. Nevertheless, the King's course was taken. Although the thirteenth, fourteenth, and fifteenth chapters of the Order expressly provided for the trial and punishment of brethren who had been guilty of rebellion, heresy, or treason; and although the eleventh chapter; perpetual and immutable, of additions to that constitution by the Emperor Charles, conferred on the Order exclusive jurisdiction over all crimes whatever committed by the knights, yet it was coolly proclaimed by Alva, that the crimes for which the Admiral and Egmont had been arrested, were beyond the powers of the tribunal.
So much for the plea to the jurisdiction. It is hardly worth while to look any further into proceedings which were initiated and brought to a conclusion in the manner already narrated. Nevertheless, as they were called a process, a single glance at the interior of that mass of documents can hardly be superfluous.
The declaration against Count Horn; upon which, supported by invisible witnesses, he was condemned, was in the nature of a narrative. It consisted in a rehearsal of circumstances, some true and some fictitious, with five inferences. These five inferences amounted to five crimes-- high treason, rebellion, conspiracy, misprision of treason, and breach of trust. The proof of these crimes was evolved, in a dim and misty manner, out of a purposely confused recital. No events, however, were recapitulated which have not been described in the course of this history. Setting out with a general statement, that the Admiral, the Prince of Orange, Count Egmont, and other lords had organized a plot to expel his Majesty from the Netherlands, and to divide the provinces among themselves; the declaration afterwards proceeded to particulars. Ten of its sixty-three articles were occupied with the Cardinal Granvelle, who, by an absurd affectation, was never directly named, but called "a certain personage--a principal personage--a grand personage, of his Majesty's state council." None of the offences committed against him were forgotten: the 11th of March letter, the fool's-cap, the livery, were reproduced in the most violent colors, and the cabal against the minister was quietly assumed to constitute treason against the monarch.
The Admiral, it was further charged, had advised and consented to the fusion of the finance and privy councils with that of state, a measure which was clearly treasonable. He had, moreover, held interviews with the Prince of Orange, with Egmont, and other nobles, at Breda and at Hoogstraaten, at which meetings the confederacy and the petition had been engendered. That petition had been the cause of all the evils which had swept the land. "It had scandalously injured the King, by affirming that the inquisition was a tyranny to humanity, which was an infamous and unworthy proposition." The confederacy, with his knowledge and countenance, had enrolled 30,000 men. He had done nothing, any more than Orange or Egmont, to prevent the presentation of the petition. In the consultation at the state-council which ensued, both he and the Prince were for leaving Brussels at once, while Count Egmont expressed an intention of going to Aix to drink the waters. Yet Count Egmont's appearance (proceeded this indictment against another individual) exhibited not a single sign of sickness. The Admiral had, moreover, drank the toast of "Vivent leg gueux" on various occasions, at the Culemberg House banquet, at the private table of the Prince of Orange, at a supper at the monastery of
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