141]
but without any design to overturn the government. This, by our law,
could hardly be construed into treason. But in the Netherlands, in the
time of the Spanish rule, the law may have been more comprehensive in
its import; nor is it likely that the word "treason" was limited in so
explicit a manner as by the English statute-book under the
Plantagenets.[1142]
We have information of a curious document of the time, that may throw
light on the matter. Peter d'Arset, president of Artois, was one of the
original members of the Council of Troubles, but had retired from office
before the trial of the two lords. It may have been from the high
judicial station he held in one of Egmont's provinces, that he was
consulted in regard to that nobleman's process. After an examination of
the papers, he returned an answer, written in Latin, at great length,
and with a purity of style that shows him to have been a scholar. In
this, he goes over the whole ground of the accusation, article by
article, showing the insufficiency of proof on every charge, and by
argument and legal reference fully establishing the innocence of the
accused. The president's opinion, so independently given, we may readily
believe, found too little favor with the duke of Alva to be cited as
authority.[1143]
But even though it were true that the two lords, in that season of
public excitement, had been seduced from their allegiance for a time,
some charity might have been shown to men who had subsequently broken
with their former friends, and displayed the utmost zeal in carrying out
the measures of the government; a zeal in the case of Egmont, at least,
which drew from the regent unqualified commendation.[1144] Something
more might have been conceded to the man who had won for his sovereign
the most glorious trophies of his reign. But Philip's nature, unhappily,
as I have had occasion to notice, was of that sort which is more
sensible to injuries than to benefits.
Under the circumstances attending this trial, it may seem to have been a
waste of time to inquire into the legality of the court which tried the
cause, or the regularity of the forms of procedure. The real trial took
place, not in Flanders, but in Castile. Who can doubt that, long before
the duke of Alva began his march, the doom of the two nobles had been
pronounced in the cabinet of Madrid?[1145]
CHAPTER V.
EXECUTION OF EGMONT AND HOORNE.
The Counts removed to Brussels.--Informed o
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