Rise of the Dutch Republic, the — Volume 02: Introduction II by John Lothrop Motley
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page 10 of 74 (13%)
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householder. All alienation of real estate must take place before the
Schepens. If an outsider has a complaint against a burgher, the Schepens and Schout must arrange it. If either party refuses submission to them, they must ring the town bell and summon an assembly of all the burghers to compel him. Any one ringing the town bell, except by general consent, and any one not appearing when it tolls, are liable to a fine. No Middelburger can be arrested or held in durance within Flanders or Holland, except for crime." This document was signed, sealed, and sworn to by the two sovereigns in the year 1217. It was the model upon which many other communities, cradles of great cities, in Holland and Zeland, were afterwards created. These charters are certainly not very extensive, even for the privileged municipalities which obtained them, when viewed from an abstract stand- point. They constituted, however, a very great advance from the stand- point at which humanity actually found itself. They created, not for all inhabitants, but for great numbers of them, the right, not to govern them selves but to be governed by law: They furnished a local administration of justice. They provided against arbitrary imprisonment. They set up tribunals, where men of burgher class were to sit in judgment. They held up a shield against arbitrary violence from above and sedition from within. They encouraged peace-makers, punished peace-breakers. They guarded the fundamental principle, 'ut sua tanerent', to the verge of absurdity; forbidding a freeman, without a freehold, from testifying-- a capacity not denied even to a country slave. Certainly all this was better than fist-law and courts manorial. For the commencement of the thirteenth century, it was progress. The Schout and Schepens, or chief magistrate and aldermen, were |
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