t consent of the estates. In case a war be illegally undertaken,
the estates are not bound to contribute to its maintenance. In all public
and legal documents, the Netherland language shall be employed. The
commands of the duchess shall be invalid, if conflicting with the
privileges of a city.
"The seat of the Supreme Council is transferred from Mechlin to the
Hague. No money shall be coined, nor its value raised or lowered, but by
consent of the estates. Cities are not to be compelled to contribute to
requests which they have not voted. The sovereign shall come in person
before the estates, to make his request for supplies."
Here was good work. The land was rescued at a blow from the helpless
condition to which it had been reduced. This summary annihilation of all
the despotic arrangements of Charles was enough to raise him from his
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
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