e higher than of old has been customary and
by former princes settled; unless by consent of the other two estates,
the nobility and the cities."
Again; "the prince can prosecute no one of his subjects nor any foreign
resident, civilly or criminally, except in the ordinary and open courts
of justice in the province, where the accused may answer and defend
himself with the help of advocates."
Further; "the prince shall appoint no foreigners to office in Brabant."
Lastly; "should the prince, by force or otherwise, violate any of these
privileges, the inhabitants of Brabant, after regular protest entered,
are discharged of their oaths of allegiance, and as free, independent and
unbound people, may conduct themselves exactly as seems to them best."
Such were the leading features, so far as they regarded the points now at
issue, of that famous constitution which was so highly esteemed in the
Netherlands, that mothers came to the province in order to give birth to
their children, who might thus enjoy, as a birthright, the privileges of
Brabant. Yet the charters of the other provinces ought to have been as
effective against the arbitrary course of the government. "No foreigner,"
said the constitution of Holland, "is eligible as, councillor, financier,
magistrate, or member of a court. Justice can be administered only by the
ordinary tribunals and magistrates. The ancient laws and customs shall
remain inviolable. Should the prince infringe any of these provisions, no
one is bound to obey him."
These provisions, from the Brabant and Holland charters, are only cited
as illustrative of the general spirit of the provincial constitutions.
Nearly all the provinces possessed privileges equally ample, duly signed
and sealed. So far as ink and sealing wax could defend a land against
sword and fire, the Netherlands were impregnable against the edicts and
the renewed episcopal inquisition. Unfortunately, all history shows how
feeble are barriers of paper or lambskin, even when hallowed with a
monarch's oath, against the torrent of regal and ecclesiastical
absolutism. It was on the reception in the provinces of the new and
confirmatory Bull concerning the bishoprics, issued in January, 1560,
that the measure became known, and the dissatisfaction manifest. The
discontent was inevitable and universal. The ecclesiastical establishment
which was not to be enlarged or elevated but by consent of the estates,
was suddenly expanded into th
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