d by a much more stringent decree in 1822 by which, in the two
Flanders, South Brabant and Limburg, Dutch was to be used in the
law-courts and in all public acts and notices. Although the operation of
this decree was confined to the Flemish-speaking districts, it must be
remembered that, from the time of the Burgundian dukes right through the
Spanish and Austrian periods, French had always been the official
language of the country, the upper classes only spoke French, and with
few exceptions the advocates could only plead in that language. This was
a great hardship upon the Belgian bar, which would have been greatly
increased had the royal decree (June 21,1830), placing the court of
appeal for the whole kingdom at the Hague, been carried into effect.
More serious in its results was the infringement of Art. CCXXVII of the
Fundamental Law guaranteeing liberty of the press. The return of
Napoleon from Elba, and the imminent danger to which the, as yet,
unorganised kingdom of the Netherlands was exposed, led to the issue of
an _arrete_ of the severest character. By it all persons publishing news
of any kind, or giving information injurious to the State, or writing or
distributing political pamphlets, were to be brought before a special
tribunal of nine judges holding office at the king's pleasure; and, if
condemned, were liable to be sentenced to exposure in the pillory,
deprivation of civic rights, branding, imprisonment, and fines varying
from 100 to 10,000 francs. This harsh measure was possibly justifiable
in an extreme emergency upon the plea that it was necessary for the
safety of the State. When the danger was over, and the Fundamental Law
was passed, there was no excuse for its further maintenance on the
Statute-book. Yet before this court Abbe de Foere was summoned for
having defended in the _Spectateur Beige_ the _jugement doctrinal_ of
Bishop de Broglie, and he was sentenced to two years' imprisonment. In
the following year, 1818, the government obtained the approval of the
States-General (with slight modification) for the continuance of this
war-time censorship of the press. The penalties remained, but the court
consisted of a judge and four assessors, all government nominees. Under
this law a Brussels advocate, Van der Straeten, was fined 3000 fl. for a
brochure attacking the ministers; and several other advocates were
disbarred for protesting that this sentence was in conflict with the
Fundamental Law. Prosecu
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