PG Edition of Netherlands series — Complete

by John Lothrop Motley

Yet, strange to say, this tremendous court, thus established upon the ruins of all the ancient institutions of the country, had not been provided with even a nominal authority from any source whatever. The King had granted it no letters patent or charter, nor had even the Duke of Alva thought it worth while to grant any commissions either in his own name or as Captain-General, to any of the members composing the board. The Blood-Council was merely an informal club, of which the Duke was perpetual president, while the other members were all appointed by himself.

Of these subordinate councillors, two had the right of voting, subject, however, in all cases to his final decision, while the rest of the number did not vote at all. It had not, therefore, in any sense, the character of a judicial, legislative, or executive tribunal, but was purely a board of advice by which the bloody labors of the duke were occasionally lightened as to detail, while not a feather's weight of power or of responsibility was removed from his shoulders. He reserved for himself the final decision upon all causes which should come before the council, and stated his motives for so doing with grim simplicity. "Two reasons," he wrote to the King, "have determined me thus to limit the power of the tribunal; the first that, not knowing its members, I might be easily deceived by them; the second, that the men of law only condemn for crimes which are proved; whereas your Majesty knows that affairs of state are governed by very different rules from the laws which they have here."

It being, therefore, the object of the Duke to compose a body of men who would be of assistance to him in condemning for crimes which could not be proved, and in slipping over statutes which were not to be recognized, it must be confessed that he was not unfortunate in the appointments which he made to the office of councillors. In this task of appointment he had the assistance of the experienced Viglius. That learned jurisconsult, with characteristic lubricity, had evaded the dangerous honor for himself, but he nominated a number of persons from whom the Duke selected his list. The sacerdotal robes which he had so recently and so "craftily" assumed, furnished his own excuse, and in his letters to his faithful Hopper he repeatedly congratulated himself upon his success in keeping himself at a distance from so bloody and perilous a post.

It is impossible to look at the conduct of the distinguished Frisian at this important juncture without contempt. Bent only upon saving himself, his property, and his reputation, he did not hesitate to bend before the "most illustrious Duke," as he always denominated him, with fulsome and fawning homage. While he declined to dip his own fingers in the innocent blood which was about to flow in torrents, he did not object to officiate at the initiatory preliminaries of the great Netherland holocaust. His decent and dainty demeanor seems even more offensive than the jocularity of the real murderers. Conscious that no man knew the laws and customs of the Netherlands better than himself, he had the humble effrontery to observe that it was necessary for him at that moment silently to submit his own unskilfulness to the superior judgment and knowledge of others. Having at last been relieved from the stone of Sisyphus, which, as he plaintively expressed himself, he had been rolling for twenty years; having, by the arrival of Tisnacq, obtained his discharge as President of the state council, he was yet not unwilling to retain the emoluments and the rank of President of the privy council, although both offices had become sinecures since the erection of the Council of Blood. Although his life had been spent in administrative and judicial employments, he did not blush upon a matter of constitutional law to defer to the authority of such jurisconsults as the Duke of Alva and his two Spanish bloodhounds, Vargas and Del Rio. He did not like, he observed, in his confidential correspondence, to gainsay the Duke, when maintaining, that in cases of treason, the privileges of Brabant were powerless, although he mildly doubted whether the Brabantines would agree with the doctrine. He often thought, he said, of remedies for restoring the prosperity of the provinces, but in action he only assisted the Duke, to the best of his abilities, in arranging the Blood-Council. He wished well to his country, but he was more anxious for the favor of Alva. "I rejoice," said he, in one of his letters, "that the most illustrious Duke has written to the King in praise of my obsequiousness; when I am censured here for so reverently cherishing him, it is a consolation that my services to the King and to the governor are not unappreciated there." Indeed the Duke of Alva, who had originally suspected the President's character, seemed at last overcome by his indefatigable and cringing homage. He wrote to the King, in whose good graces the learned Doctor was most anxious at that portentous period to maintain himself, that the President was very serviceable and diligent, and that he deserved to receive a crumb of comfort from the royal hand. Philip, in consequence, wrote in one of his letters a few lines of vague compliment, which could be shown to Viglius, according to Alva's suggestion. It is, however, not a little characteristic of the Spanish court and of the Spanish monarch, that, on the very day before, he had sent to the Captain-General a few documents of very different import. In order, as he said, that the Duke might be ignorant of nothing which related to the Netherlands, he forwarded to him copies of the letters written by Margaret of Parma from Brussels, three years before. These letters, as it will be recollected, contained an account of the secret investigations which the Duchess had made as to the private character and opinions of Viglius—at the very moment when he apparently stood highest in her confidence—and charged him with heresy, swindling, and theft. Thus the painstaking and time-serving President, with all his learning and experience, was successively the dupe of Margaret and of Alva, whom he so obsequiously courted, and always of Philip, whom he so feared and worshipped.

With his assistance, the list of blood-councillors was quickly completed. No one who was offered the office refused it. Noircarmes and Berlaymont accepted with very great eagerness. Several presidents and councillors of the different provincial tribunals were appointed, but all the Netherlanders were men of straw. Two Spaniards, Del Rio and Vargas, were the only members who could vote; while their decisions, as already stated, were subject to reversal by Alva. Del Rio was a man without character or talent, a mere tool in the hands of his superiors, but Juan de Vargas was a terrible reality.

No better man could have been found in Europe for the post to which he was thus elevated. To shed human blood was, in his opinion, the only important business and the only exhilarating pastime of life. His youth had been stained with other crimes. He had been obliged to retire from Spain, because of his violation of an orphan child to whom he was guardian, but, in his manhood, he found no pleasure but in murder. He executed Alva's bloody work with an industry which was almost superhuman, and with a merriment which would have shamed a demon. His execrable jests ring through the blood and smoke and death-cries of those days of perpetual sacrifice. He was proud to be the double of the iron-hearted Duke, and acted so uniformly in accordance with his views, that the right of revision remained but nominal. There could be no possibility of collision where the subaltern was only anxious to surpass an incomparable superior. The figure of Vargas rises upon us through the mist of three centuries with terrible distinctness. Even his barbarous grammar has not been forgotten, and his crimes against syntax and against humanity have acquired the same immortality. "Heretici fraxerunt templa, boni nihili faxerunt contra, ergo debent omnes patibulare," was the comprehensive but barbarous formula of a man who murdered the Latin language as ruthlessly as he slaughtered his contemporaries.

Among the ciphers who composed the rest of the board, the Flemish Councillor Hessels was the one whom the Duke most respected. He was not without talent or learning, but the Duke only valued him for his cruelty. Being allowed to take but little share in the deliberations, Hessels was accustomed to doze away his afternoon hours at the council table, and when awakened from his nap in order that he might express an opinion on the case then before the court, was wont to rub his eyes and to call out "Ad patibulum, ad patibulum," ("to the gallows with him, to the gallows with him,") with great fervor, but in entire ignorance of the culprit's name or the merits of the case. His wife, naturally disturbed that her husband's waking and sleeping hours were alike absorbed with this hangman's work, more than once ominously expressed her hope to him, that he, whose head and heart were thus engrossed with the gibbet, might not one day come to hang upon it himself; a gloomy prophecy which the Future most terribly fulfilled.

The Council of Blood, thus constituted, held its first session on the 20th September, at the lodgings of Alva. Springing completely grown and armed to the teeth from the head of its inventor, the new tribunal—at the very outset in possession of all its vigor—forthwith began to manifest a terrible activity in accomplishing the objects of its existence. The councillors having been sworn to "eternal secrecy as to any thing which should be transacted at the board, and having likewise made oath to denounce any one of their number who should violate the pledge," the court was considered as organized. Alva worked therein seven hours daily. It may be believed that the subordinates were not spared, and that their office proved no sinecure. Their labors, however, were not encumbered by antiquated forms. As this supreme and only tribunal for all the Netherlands had no commission or authority save the will of the Captain-General, so it was also thought a matter of supererogation to establish a set of rules and orders such as might be useful in less independent courts. The forms of proceeding were brief and artless. There was a rude organization by which a crowd of commissioners, acting as inferior officers of the council, were spread over the provinces, whose business was to collect information concerning all persons who might be incriminated for participation in the recent troubles. The greatest crime, however, was to be rich, and one which could be expiated by no virtues, however signal. Alva was bent upon proving himself as accomplished a financier as he was indisputably a consummate commander, and he had promised his master an annual income of 500,000 ducats from the confiscations which were to accompany the executions.

It was necessary that the blood torrent should flow at once through the Netherlands, in order that the promised golden river, a yard deep, according to his vaunt, should begin to irrigate the thirsty soil of Spain. It is obvious, from the fundamental laws which were made to define treason at the same moment in which they established the council, that any man might be at any instant summoned to the court. Every man, whether innocent or guilty, whether Papist or Protestant, felt his head shaking on his shoulders. If he were wealthy, there seemed no remedy but flight, which was now almost impossible, from the heavy penalties affixed by the new edict upon all carriers, shipmasters, and wagoners, who should aid in the escape of heretics.

A certain number of these commissioners were particularly instructed to collect information as to the treason of Orange, Louis Nassau, Brederode, Egmont, Horn, Culemberg, Vanden Berg, Bergen, and Montigny. Upon such information the proceedings against those distinguished seigniors were to be summarily instituted. Particular councillors of the Court of Blood were charged with the arrangement of these important suits, but the commissioners were to report in the first instance to the Duke himself, who afterwards returned the paper into the hands of his subordinates.