The Rise of the Dutch Republic, Introduction II | Page 3

did make the laws, and shared, beside, in most important functions of sovereignty, in the treaty-making power, especially. Sometimes by bargains; sometimes by blood, by gold, threats, promises, or good hard blows they extorted their charters. Their codes, statutes, joyful entrances, and other constitutions were dictated by the burghers and sworn to by the monarch. They were concessions from above; privileges private laws; fragments indeed of a larger liberty, but vastly, better than the slavery for which they had been substituted; solid facts instead of empty abstractions, which, in those practical and violent days, would have yielded little nutriment; but they still rather sought to reconcile themselves, by a rough, clumsy fiction, with the hierarchy which they had invaded, than to overturn the system. Thus the cities, not regarding themselves as representatives or aggregations of the people, became fabulous personages, bodies without souls, corporations which had acquired vitality and strength enough to assert their existence. As persons, therefore--gigantic individualities--they wheeled into the feudal ranks and assumed feudal powers and responsibilities. The city of Dort; of Middelburg, of Ghent, of Louvain, was a living being, doing fealty, claiming service, bowing to its lord, struggling with its equals, trampling upon its slaves.
Thus, in these obscure provinces, as throughout Europe, in a thousand remote and isolated corners, civilization builds itself up, synthetically and slowly; yet at last, a whole is likely to get itself constructed. Thus, impelled by great and conflicting forces, now obliquely, now backward, now upward, yet, upon the whole, onward, the new Society moves along its predestined orbit, gathering consistency and strength as it goes. Society, civilization, perhaps, but hardly humanity. The people has hardly begun to extricate itself from the clods in which it lies buried. There are only nobles, priests, and, latterly, cities. In the northern Netherlands, the degraded condition of the mass continued longest. Even in Friesland, liberty, the dearest blessing of the ancient Frisians, had been forfeited in a variety of ways. Slavery was both voluntary and compulsory. Paupers sold themselves that they might escape starvation. The timid sold themselves that they might escape violence. These voluntary sales, which were frequent, wore usually made to cloisters and ecclesiastical establishments, for the condition of Church-slaves was preferable to that of other serfs. Persons worsted in judicial duels, shipwrecked sailors, vagrants, strangers, criminals unable to pay the money-bote imposed upon them, were all deprived of freedom; but the prolific source of slavery was war. Prisoners were almost universally reduced to servitude. A free woman who intermarried with a slave condemned herself and offspring to perpetual bondage. Among the Ripuarian Franks, a free woman thus disgracing herself, was girt with a sword and a distaff. Choosing the one, she was to strike her husband dead; choosing the other, she adopted the symbol of slavery, and became a chattel for life.
The ferocious inroads of the Normans scared many weak and timid persons into servitude. They fled, by throngs, to church and monastery, and were happy, by enslaving themselves, to escape the more terrible bondage of the sea-kings. During the brief dominion of the Norman Godfrey, every free Frisian was forced to wear a halter around his neck. The lot of a Church-slave was freedom in comparison. To kill him was punishable by a heavy fine. He could give testimony in court, could inherit, could make a will, could even plead before the law, if law could be found. The number of slaves throughout the Netherlands was very large; the number belonging to the bishopric of Utrecht, enormous.
The condition of those belonging to laymen was much more painful. The Lyf-eigene, or absolute slaves, were the most wretched. They were mere brutes. They had none of the natural attributes of humanity, their life and death were in the master's hands, they had no claim to a fraction of their own labor or its fruits, they had no marriage, except under condition of the infamous 'jus primoe noctis'. The villagers, or villeins, were the second class and less forlorn. They could commute the labor due to their owner by a fixed sum of money, after annual payment of which, the villein worked for himself. His master, therefore, was not his absolute proprietor. The chattel had a beneficial interest in a portion of his own flesh and blood.
The crusades made great improvement in the condition of the serfs. He who became a soldier of the cross was free upon his return, and many were adventurous enough to purchase liberty at so honorable a price. Many others were sold or mortgaged by the crusading knights, desirous of converting their property into gold, before embarking upon their enterprise. The purchasers or mortgagees were in general churches and convents, so that the slaves, thus alienated, obtained at least a preferable servitude. The place of the absent serfs