Duke replied, peremptorily, that he had undertaken the
cognizance of this affair by commission of his Majesty, as sovereign of
the land, not as head of the Golden Fleece, that he should carry it
through as it had been commenced, and that the Counts should discontinue
presentations of petitions upon this point.
In the embarrassment created by the stringent language of these statutes,
Doctor Viglius found an opportunity to make himself very useful. Alva had
been turning over the laws and regulations of the Order, but could find
no loophole. The President, however, came to his rescue, and announced it
as his legal opinion that the Governor need concern himself no further on
the subject, and that the code of the Fleece offered no legal impediment
to the process. Alva immediately wrote to communicate this opinion to
Philip, adding, with great satisfaction, that he should immediately make
it known to the brethren of the Order, a step which was the more
necessary because Egmont's advocate had been making great trouble with
these privileges, and had been protesting at every step of the
proceedings. In what manner the learned President argued these
troublesome statutes out of the way, has nowhere appeared; but he
completely reinstated himself in favor, and the King wrote to thank him
for his legal exertions.
It was now boldly declared that the statutes of the Fleece did not extend
to such crimes as those with which the prisoner were charged. Alva,
moreover, received an especial patent, ante-dated eight or nine months,
by which Philip empowered him to proceed against all persons implicated
in the troubles, and particularly against Knights of the Golden Fleece.
It is superfluous to observe that these were merely the arbitrary acts of
a despot. It is hardly necessary to criticise such proceedings. The
execution of the nobles had been settled before Alva left Spain. As they
were inhabitants of a constitutional country, it was necessary to stride
over the constitution. As they were Knights of the Fleece, it was
necessary to set aside the statutes of the Order. The Netherland
constitutions seemed so entirely annihilated already, that they could
hardly be considered obstacles; but the Order of the Fleece was an august
little republic of which Philip was the hereditary chief, of which
emperors, kings, and great seigniors were the citizens. Tyranny might be
embarrassed by such subtle and golden filaments as these, even while it
cras
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