estates; that is
to say, of the nobility, the clergy, and the municipalities.
These, under the name of States, assembled as often as the wants of the
province required it. Without their consent no new laws were valid, no
war could be carried on, and no taxes levied, no change made in the
coinage, and no foreigner admitted to any office of government. All the
provinces enjoyed these privileges in common; others were peculiar to
the various districts. The supreme government was hereditary, but the
son did not enter on the rights of his father before he had solemnly
sworn to maintain the existing constitution.
Necessity is the first lawgiver; all the wants which had to be met by
this constitution were originally of a commercial nature. Thus the
whole constitution was founded on commerce, and the laws of the nation
were adapted to its pursuits. The last clause, which excluded
foreigners from all offices of trust, was a natural consequence of the
preceding articles. So complicated and artificial a relation between
the sovereign and his people, which in many provinces was further
modified according to the peculiar wants of each, and frequently of some
single city, required for its maintenance the liveliest zeal for the
liberties of the country, combined with an intimate acquaintance with
them. From a foreigner neither could well be expected. This law,
besides, was enforced reciprocally in each particular province; so that
in Brabant no Fleming, in Zealand no Hollander, could hold office; and
it continued in force even after all these provinces were united under
one government.
Above all others, Brabant enjoyed the highest degree of freedom. Its
privileges were esteemed so valuable that many mothers from the adjacent
provinces removed thither about the time of their accouchment, in order
to entitle their children to participate, by birth, in all the
immunities of that favored country; just as, says Strada, one improves
the plants of a rude climate by removing them to the soil of a milder.
After the House of Burgundy had united several provinces under its
dominion, the separate provincial assemblies which, up to that time, had
been independent tribunals, were made subject to a supreme court at
Malines, which incorporated the various judicatures into one body, and
decided in the last resort all civil and criminal appeals. The separate
independence of the provinces was thus abolished, and the supreme power
vested in the s
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