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Rise of the Dutch Republic, the — Volume 02: Introduction II by John Lothrop Motley
page 28 of 74 (37%)
tomb. The law, the sword, the purse, were all taken from the hand of the
sovereign and placed within the control of parliament. Such sweeping
reforms, if maintained, would restore health to the body politic. They
gave, moreover, an earnest of what was one day to arrive. Certainly, for
the fifteenth century, the "Great Privilege" was a reasonably liberal
constitution. Where else upon earth, at that day, was there half so much
liberty as was thus guaranteed? The congress of the Netherlands,
according to their Magna Charta, had power to levy all taxes, to regulate
commerce and manufactures, to declare war, to coin money, to raise armies
and navies. The executive was required to ask for money in person, could
appoint only natives to office, recognized the right of disobedience in
his subjects, if his commands should conflict with law, and acknowledged
himself bound by decisions of courts of justice. The cities appointed
their own magistrates, held diets at their own pleasure, made their local
by-laws and saw to their execution. Original cognizance of legal matters
belonged to the municipal courts, appellate jurisdiction to the supreme
tribunal, in which the judges were appointed by the sovereign. The
liberty of the citizen against arbitrary imprisonment was amply provided
for. The 'jus de non evocando', the habeas corpus of Holland,
was re-established.

Truly, here was a fundamental law which largely, roundly, and reasonably
recognized the existence of a people with hearts, heads, and hands of
their own. It was a vast step in advance of natural servitude, the dogma
of the dark ages. It was a noble and temperate vindication of natural
liberty, the doctrine of more enlightened days. To no people in the
world more than to the stout burghers of Flanders and Holland belongs the
honor of having battled audaciously and perennially in behalf of human
rights.

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