Rise of the Dutch Republic, the — Volume 02: Introduction II by John Lothrop Motley
page 28 of 74 (37%)
page 28 of 74 (37%)
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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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