This act was accomplished with the deliberation due to its gravity. At

the same time it left the country in a very divided condition. This was

inevitable. The Prince had done all that one man could do to hold the

Netherlands together and unite them perpetually into one body politic,

and perhaps, if he had been inspired by a keener personal ambition, this

task might have been accomplished.--The seventeen provinces might have

accepted his dominion, but they would agree to that of no other

sovereign. Providence had not decreed that the country, after its long

agony, should give birth to a single and perfect commonwealth. The

Walloon provinces had already fallen off from the cause, notwithstanding

the entreaties of the Prince. The other Netherlands, after long and

tedious negotiation with Anjou, had at last consented to his supremacy,

but from this arrangement Holland and Zealand held themselves aloof.

By a somewhat anomalous proceeding, they sent deputies along with those

of the other provinces, to the conferences with the Duke, but it was

expressly understood that they would never accept him as sovereign.

They were willing to contract with him and with their sister provinces--

over which he was soon to exercise authority--a firm and perpetual

league, but as to their own chief, their hearts were fixed. The Prince

of Orange should be their lord and master, and none other. It lay only

in his self-denying character that he had not been clothed with this

dignity long before. He had, however, persisted in the hope that all

the provinces might be brought to acknowledge the Duke of Anjou as their

sovereign, under conditions which constituted a free commonwealth with an

hereditary chief, and in this hope he had constantly refused concession

to the wishes of the northern provinces. He in reality exercised

sovereign power over nearly the whole population, of the Netherlands.

Already in 1580, at the assembly held in April, the states of Holland had

formally requested him to assume the full sovereignty over them, with the

title of Count of Holland and Zealand forfeited by Philip. He had not

consented, and the proceedings had been kept comparatively secret. As

the negotiations with Anjou advanced, and as the corresponding abjuration

of Philip was more decisively indicated, the consent of the Prince to

this request was more warmly urged. As it was evident that the provinces

thus bent upon placing him at their head, could by no possibility be

induced to accept the sovereignty of Anjou--as, moreover; the act of

renunciation of Philip could no longer be deferred, the Prince of Orange

reluctantly and provisionally accepted the supreme power over Holland and

Zealand. This arrangement was finally accomplished upon the 24th of

July, 1581, and the act of abjuration took place two days afterwards.

The offer of the sovereignty over the other united provinces had been

accepted by Anjou six months before.

Thus, the Netherlands were divided into three portions--the reconciled

provinces, the united provinces under Anjou, and the northern provinces

under Orange; the last division forming the germ, already nearly

developed, of the coming republic. The constitution, or catalogue of

conditions, by which the sovereignty accorded to Anjou was reduced to

such narrow limits as to be little more than a nominal authority, while

the power remained in the hands of the representative body of the

provinces, will be described, somewhat later, together with the

inauguration of the Duke. For the present it is necessary that the

reader should fully understand the relative position of the Prince and of

the northern provinces. The memorable act of renunciation--the

Netherland declaration of independence--will then be briefly explained.

On the 29th of March, 1580, a resolution passed the assembly of Holland

and Zealand never to make peace or enter into any negotiations with the

King of Spain on the basis of his sovereignty. The same resolution

provided that his name--hitherto used in all public acts--should be for

ever discarded, that his seal should be broken, and that the name and

seal of the Prince of Orange should be substituted in all commissions and

public documents. At almost the same time the states of Utrecht passed a

similar resolution. These offers were, however, not accepted, and the

affair was preserved profoundly secret. On the 5th of July, 1581, "the

knights, nobles, and cities of Holland and Zealand," again, in an urgent

and solemn manner, requested the Prince to accept the "entire authority

as sovereign and chief of the land, as long as the war should continue."

This limitation as to time was inserted most reluctantly by the states,

and because it was perfectly well understood that without it the Prince

would not accept the sovereignty at all. The act by which this dignity

was offered, conferred full power to command all forces by land and sea,

to appoint all military officers, and to conduct all warlike operations,

without the control or advice of any person whatsoever. It authorized

him, with consent of the states, to appoint all financial and judicial

officers, created him the supreme executive chief, and fountain of

justice and pardon, and directed him "to maintain the exercise only of

the Reformed evangelical religion, without, however, permitting that

inquiries should be made into any man's belief or conscience, or that any

injury or hindrance should be offered to any man on account of his

religion."

The sovereignty thus pressingly offered, and thus limited as to time, was

finally accepted by William of Orange, according to a formal act dated at

the Hague, 5th of July, 1581, but it will be perceived that no powers

were conferred by this new instrument beyond those already exercised by

the Prince. It was, as it were, a formal continuance of the functions

which he had exercised since 1576 as the King's stadholder, according to

his old commission of 1555, although a vast, difference existed in

reality. The King's name was now discarded and his sovereignty disowned,

while the proscribed rebel stood in his place, exercising supreme

functions, not vicariously, but in his own name. The limitation as to

time was, moreover, soon afterwards secretly, and without the knowledge

of Orange, cancelled by the states. They were determined that the Prince

should be their sovereign--if they could make him so--for the term of his

life.

The offer having thus been made and accepted upon the 5th of July, oaths

of allegiance and fidelity were exchanged between the Prince and the

estates upon the 24th of the same month. In these solemnities, the

states, as representing the provinces, declared that because the King of

Spain, contrary to his oath as Count of Holland and Zealand, had not only

not protected these provinces, but had sought with all his might to

reduce them to eternal slavery, it had been found necessary to forsake

him. They therefore proclaimed every inhabitant absolved from

allegiance, while at the same time, in the name of the population, they

swore fidelity to the Prince of Orange, as representing the supreme

authority.

Two days afterwards, upon the 26th of July, 1581, the memorable

declaration of independence was issued by the deputies of the united

provinces, then solemnly assembled at the Hague. It was called the Act

of Abjuration. It deposed Philip from his sovereignty, but was not the

proclamation of a new form of government, for the united provinces were

not ready to dispense with an hereditary chief. Unluckily, they had

already provided themselves with a very bad one to succeed Philip in the

dominion over most of their territory, while the northern provinces were

fortunate enough and wise enough to take the Father of the country for

their supreme magistrate.

The document by which the provinces renounced their allegiance was not

the most felicitous of their state papers. It was too prolix and

technical. Its style had more of the formal phraseology of legal

documents than befitted this great appeal to the whole world and to all

time. Nevertheless, this is but matter of taste. The Netherlanders were

so eminently a law-abiding people, that, like the American patriots of

the eighteenth century, they on most occasions preferred punctilious

precision to florid declamation. They chose to conduct their revolt

according to law. At the same time, while thus decently wrapping herself

in conventional garments, the spirit of Liberty revealed none the less

her majestic proportions.

At the very outset of the Abjuration, these fathers of the Republic laid

down wholesome truths, which at that time seemed startling blasphemies in

the ears of Christendom. "All mankind know," said the preamble, "that a

prince is appointed by God to cherish his subjects, even as a shepherd to

guard his sheep. When, therefore, the prince--does not fulfil his duty

as protector; when he oppresses his subjects, destroys their ancient

liberties, and treats them as slaves, he is to be considered, not a

prince, but a tyrant. As such, the estates of the land may lawfully and

reasonably depose him, and elect another in his room."

Having enunciated these maxims, the estates proceeded to apply them to

their own case, and certainly never was an ampler justification for

renouncing a prince since princes were first instituted. The states ran

through the history of the past quarter of a century, patiently

accumulating a load of charges against the monarch, a tithe of which

would have furnished cause for his dethronement. Without passion or

exaggeration, they told the world their wrongs. The picture was not

highly colored. On the contrary, it was rather a feeble than a striking

portrait of the monstrous iniquity which had so long been established

over them. Nevertheless, they went through the narrative conscientiously

and earnestly. They spoke of the King's early determination to govern

the Netherlands, not by natives but by Spaniards; to treat them not as

constitutional countries, but as conquered provinces; to regard the

inhabitants not as liege subjects, but as enemies; above all, to

supersede their ancient liberty by the Spanish Inquisition, and they

alluded to the first great step in this scheme--the creation of the new

bishoprics, each with its staff of inquisitors.

They noticed the memorable Petition, the mission of Berghen and Montigny,

their imprisonment and taking off, in violation of all national law, even

that which had ever been held sacred by the most cruel and tyrannical

princes. They sketched the history of Alva's administration; his

entrapping the most eminent nobles by false promises, and delivering them

to the executioner; his countless sentences of death, outlawry, and

confiscation; his erection of citadels to curb, his imposition of the

tenth and twentieth penny to exhaust the land; his Blood Council and its

achievements; and the immeasurable, woe produced by hanging, burning,

banishing, and plundering, during his seven years of residence. They

adverted to the Grand Commander, as having been sent, not to improve the

condition of the country, but to pursue the same course of tyranny by

more concealed ways. They spoke of the horrible mutiny which broke forth

at his death; of the Antwerp Fury; of the express approbation rendered to

that great outrage by the King, who had not only praised the crime, but

promised to recompense the criminals. They alluded to Don John of

Austria and his duplicity; to his pretended confirmation of the Ghent

treaty; to his attempts to divide the country against itself; to the

Escovedo policy; to the intrigues with the German regiments. They

touched upon the Cologne negotiations, and the fruitless attempt of the

patriots upon that occasion to procure freedom of religion, while the

object of the royalists was only to distract and divide the nation.

Finally, they commented with sorrow and despair upon that last and

crowning measure of tyranny--the ban against the Prince of Orange.

They calmly observed, after this recital, that they were sufficiently

justified in forsaking a sovereign who for more than twenty years had

forsaken them. Obeying the law of nature--desirous of maintaining the

rights, charters, and liberties of their fatherland--determined to escape

from slavery to Spaniards--and making known their decision to the world,

they declared the King of Spain deposed from his sovereignty, and

proclaimed that they should recognize thenceforth neither his title nor

jurisdiction. Three days afterwards, on the 29th of July, the assembly

adopted a formula, by which all persons were to be required to signify

their abjuration.

Such were the forms by which the united provinces threw off their

allegiance to Spain, and ipso facto established a republic, which was to

flourish for two centuries. This result, however, was not exactly

foreseen by the congress which deposed Philip. The fathers of the

commonwealth did not baptize it by the name of Republic. They did not

contemplate a change in their form of government. They had neither an

aristocracy nor a democracy in their thoughts. Like the actors in our

own great national drama, these Netherland patriots were struggling to

sustain, not to overthrow; unlike them, they claimed no theoretical

freedom for humanity--promulgated no doctrine of popular sovereignty:

they insisted merely on the fulfilment of actual contracts, signed

sealed, and sworn to by many successive sovereigns. Acting, upon the

principle that government should be for the benefit of the governed, and

in conformity to the dictates of reason and justice, they examined the

facts by those divine lights, and discovered cause to discard their

ruler. They did not object to being ruled. They were satisfied with

their historical institutions, and preferred the mixture of hereditary

sovereignty with popular representation, to which they were accustomed.

They did not devise an a priori constitution. Philip having violated the

law of reason and the statutes of the land, was deposed, and a new chief

magistrate was to be elected in his stead. This was popular sovereignty

in fact, but not in words. The deposition and election could be legally

justified only by the inherent right of the people to depose and to

elect; yet the provinces, in their Declaration of Independence, spoke of

the divine right of kings, even while dethroning, by popular right, their

own King!

So also, in the instructions given by the states to their envoys charged

to justify the abjuration before the Imperial diet held at Augsburg,

twelve months later, the highest ground was claimed for the popular right

to elect or depose the sovereign, while at the same time, kings were

spoken of as "appointed by God." It is true that they were described, in

the same clause, as "chosen by the people"--which was, perhaps, as exact

a concurrence in the maxim of Vox populi, vox Dei, as the boldest

democrat of the day could demand. In truth, a more democratic course

would have defeated its own ends. The murderous and mischievous pranks

of Imbize, Ryhove, and such demagogues, at Ghent and elsewhere, with

their wild theories of what they called Grecian, Roman, and Helvetian

republicanism, had inflicted damage enough on the cause of freedom, and

had paved the road for the return of royal despotism. The senators

assembled at the Hague gave more moderate instructions to their delegates

at Augsburg. They were to place the King's tenure upon contract--not an

implied one, but a contract as literal as the lease of a farm. The house

of Austria, they were to maintain, had come into the possession of the

seventeen Netherlands upon certain express conditions, and with the

understanding that its possession was to cease with the first condition

broken. It was a question of law and fact, not of royal or popular

right. They were to take the ground, not only that the contract had been

violated, but that the foundation of perpetual justice upon which it

rested; had likewise been undermined. It was time to vindicate both

written charters and general principles. "God has given absolute power

to no mortal man," said Saint Aldegonde, "to do his own will against all

laws and all reason." "The contracts which the King has broken are no

pedantic fantasies," said the estates, "but laws planted by nature in the

universal heart of mankind, and expressly acquiesced in by prince and

people." All men, at least, who speak the English tongue, will accept

the conclusion of the provinces, that when laws which protected the

citizen against arbitrary imprisonment and guaranteed him a trial in his

own province--which forbade the appointment of foreigners to high office

--which secured the property of the citizen from taxation, except by the

representative body--which forbade intermeddling on the part of the

sovereign with the conscience of the subject in religious matters--when

such laws had been subverted by blood tribunals, where drowsy judges

sentenced thousands to stake and scaffold without a hearing by

excommunication, confiscation, banishment-by hanging, beheading, burning,

to such enormous extent and with such terrible monotony that the

executioner's sword came to be looked upon as the only symbol of justice

--then surely it might be said, without exaggeration, that the complaints

of the Netherlanders were "no pedantic fantasies," and that the King had

ceased to perform his functions as dispenser of God's justice.

The Netherlanders dealt with facts. They possessed a body of laws,

monuments of their national progress, by which as good a share of

individual liberty was secured to the citizen as was then enjoyed in any

country of the world. Their institutions admitted of great improvement,

no doubt; but it was natural that a people so circumstanced should be

unwilling to exchange their condition for the vassalage of "Moors or

Indians."

At the same time it may be doubted whether the instinct for political

freedom only would have sustained them in the long contest, and whether

the bonds which united them to the Spanish Crown would have been broken,

had it not been for the stronger passion for religious liberty, by which

so large a portion of the people was animated. Boldly as the united

states of the Netherlands laid down their political maxima, the quarrel

might perhaps have been healed if the religious question had admitted of

a peaceable solution. Philip's bigotry amounting to frenzy, and the

Netherlanders of "the religion" being willing, in their own words, "to

die the death" rather than abandon the Reformed faith, there was upon

this point no longer room for hope. In the act of abjuration, however,

it was thought necessary to give offence to no class of the inhabitants,

but to lay down such principles only as enlightened Catholics would not

oppose. All parties abhorred the Inquisition, and hatred to that

institution is ever prominent among the causes assigned for the

deposition of the monarch. "Under pretence of maintaining the Roman

religion," said the estates, "the King has sought by evil means to bring

into operation the whole strength of the placards and of the Inquisition

--the first and true cause of all our miseries."

Without making any assault upon the Roman Catholic faith, the authors of

the great act by which Philip was for ever expelled from the Netherlands

showed plainly enough that religious persecution had driven them at last

to extremity. At the same time, they were willing--for the sake of

conciliating all classes of their countrymen--to bring the political

causes of discontent into the foreground, and to use discreet language

upon the religious question.

Such, then, being the spirit which prompted the provinces upon this great

occasion, it may be asked who were the men who signed a document of such

importance? In whose-name and by what authority did they act against the

sovereign? The signers of the declaration of independence acted in the

name and by the authority of the Netherlands people. The estates were

the constitutional representatives of that people. The statesmen of that

day discovering, upon cold analysis of facts, that Philip's sovereignty

was, legally forfeited; formally proclaimed that forfeiture. Then

inquiring what had become of the sovereignty, they found it not in the

mass of the people, but in the representative body, which actually

personated the people. The estates of the different provinces--

consisting of the knights, nobles, and burgesses of each--sent,

accordingly, their deputies to the general assembly at the Hague; and by

this congress the decree of abjuration was issued. It did, not occur to

any one to summon the people in their primary assemblies, nor would the

people of that day, have comprehended the objects of such a summons.

They were accustomed to the action of the estates, and those bodies

represented as large a number of political capacities as could be

expected of assemblies chosen then upon general principles. The hour had

not arrived for more profound analysis of the social compact. Philip was

accordingly deposed justly, legally formally justly, because it had

become necessary to abjur a monarch who was determined not only to

oppress; but to exterminate his people; legally, because he had

habitually violated the constitutions which he had sworn to support;

formally, because the act was done in the name of the people, by the body

historically representing the people.

What, then, was the condition of the nation, after this great step had

been taken? It stood, as it were, with its sovereignty in its hand,

dividing it into two portions, and offering it, thus separated, to two

distinct individuals. The sovereignty of Holland and Zealand had been

reluctantly accepted by Orange. The sovereignty of the united provinces

had been offered to Anjou, but the terms of agreement with that Duke had

not yet been ratified. The movement was therefore triple, consisting of

an abjuration and of two separate elections of hereditary chiefs; these

two elections being accomplished in the same manner, by the

representative bodies respectively of the united provinces, and of

Holland and Zealand. Neither the abjuration nor the elections were acted

upon beforehand by the communities, the train-bands, or the guilds of the

cities--all represented, in fact, by the magistrates and councils of

each; nor by the peasantry of the open country--all supposed to be

represented by the knights and nobles. All classes of individuals,

however; arranged in various political or military combinations, gave

their acquiescence afterwards, together with their oaths of allegiance.

The people approved the important steps taken by their representatives.

Without a direct intention on the part of the people or its leaders to

establish a republic, the Republic established itself. Providence did

not permit the whole country, so full of wealth intelligence, healthy

political action--so stocked with powerful cities and an energetic

population, to be combined into one free and prosperous commonwealth.

The factious ambition of a few grandees, the cynical venality of many

nobles, the frenzy of the Ghent democracy, the spirit of religious

intolerance, the consummate military and political genius of Alexander

Farnese, the exaggerated self-abnegation and the tragic fate of Orange,

all united to dissever this group of flourishing and kindred provinces.

The Rise of the Dutch Republic — Volume 31: 1580-82 · 第 2 / 5 段