t 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
crashed through municipal charters as if they had been reeds and
bulrushes. Nevertheless, the King's course was taken. Although the
thirteenth, fourteenth, and fifteenth chapters of the Order expressly
provided for the trial and punishment of brethren who had been guilty of
rebellion, heresy, or treason; and although the eleventh chapter;
perpetual and immutable, of additions to that constitution by the Emperor
Charles, conferred on the Order exclusive jurisdiction over all crimes
whatever committed by the knights, yet it was coolly proclaimed by Alva,
that the crimes for which the Admiral and Egmont had been arrested, were
beyond the powers of the tribunal.
So much for the plea to the jurisdiction. It is hardly worth while to
look any further into proceedings which were initiated and brought to a
conclusion in the manner already narrated. Nevertheless, as they were
called a process, a single glance at the interior of that mass of
documents can hardly be superfluous.
The declaration against Count Horn; upon which, supported by invisible
witnesses, he was condemned, was in the nature of a narrative. It
consisted in a rehearsal of circumstances, some true and some fictitious,
with five inferences. These five inferences amounted to five crimes--high
treason, rebellion, conspiracy, misprision of treason, and b
|