PG Edition of Netherlands series — Complete

by John Lothrop Motley

This order was obeyed within nearly the prescribed period and here, it may be said, their own participation in their trial ceased; while the rest of the proceedings were buried in the deep bosom of the Blood-Council. After their answers had been delivered, and not till then, the prisoners were, by an additional mockery, permitted to employ advocates. These advocates, however, were allowed only occasional interviews with their clients, and always in the presence of certain persons, especially deputed for that purpose by the Duke. They were also allowed commissioners to collect evidence and take depositions, but before the witnesses were ready, a purposely premature day, 8th of May, was fixed upon for declaring the case closed, and not a single tittle of their evidence, personal or documentary, was admitted.—Their advocates petitioned for an exhibition of the evidence prepared by government, and were refused. Thus, they were forbidden to use the testimony in their favor, while that which was to be employed against them was kept secret. Finally, the proceedings were formally concluded on the 1st of June, and the papers laid before the Duke. The mass of matter relating to these two monster processes was declared, three days afterwards to have been examined—a physical impossibility in itself—and judgment was pronounced upon the 4th of June. This issue was precipitated by the campaign of Louis Nassau in Friesland, forming a aeries of important events which it will be soon our duty to describe. It is previously necessary, however, to add a few words in elucidation of the two mock trials which have been thus briefly sketched.

The proceeding had been carried on, from first to last, under protest by the prisoners, under a threat of contumacy on the part of the government. Apart from the totally irresponsible and illegal character of the tribunal before which they were summoned—the Blood-Council being a private institution of Alva's without pretext or commission—these nobles acknowledged the jurisdiction of but three courts. As Knights of the Golden Fleece, both claimed the privilege of that Order to be tried by its statutes. As a citizen and noble of Brabant, Egmont claimed the protection of the "Joyeuse Entree," a constitution which had been sworn to by Philip and his ancestors, and by Philip more amply, than by all his ancestors. As a member and Count of the Holy Roman Empire, the Admiral claimed to be tried by his peers, the electors and princes of the realm.

The Countess Egmont, since her husband's arrest, and the confiscation of his estates before judgment, had been reduced to a life of poverty as well as agony. With her eleven children, all of tender age, she had taken refuge in a convent. Frantic with despair, more utterly desolate, and more deeply wronged than high-born lady had often been before, she left no stone unturned to save her husband from his fate, or at least to obtain for him an impartial and competent tribunal. She addressed the Duke of Alva, the King, the Emperor, her brother the Elector Palatine, and many leading Knights of the Fleece. The Countess Dowager of Horn, both whose sons now lay in the jaws of death, occupied herself also with the most moving appeals to the same high personages. No pains were spared to make the triple plea to the jurisdiction valid. The leading Knights of the Fleece, Mansfeld, whose loyalty was unquestioned, and Hoogstraaten, although himself an outlaw; called upon the King of Spain to protect the statutes of the illustrious order of which he was the chief. The estates of Brabant, upon the petition of Sabina, Countess Egmont, that they would take to heart the privileges of the province, so that her husband might enjoy that protection of which the meanest citizen in the land could not be justly deprived, addressed a feeble and trembling protest to Alva, and enclosed to him the lady's petition. The Emperor, on behalf of Count Horn, wrote personally to Philip, to claim for him a trial before the members of the realm.

It was all in vain. The conduct of Philip and his Viceroy coincided in spirit with the honest brutality of Vargas. "Non curamus vestros privilegios," summed up the whole of the proceedings. Non curamus vestros privilegios had been the unanswerable reply to every constitutional argument which had been made against tyranny since Philip mounted his father's throne. It was now the only response deemed necessary to the crowd of petitions in favor of the Counts, whether they proceeded from sources humble or august. Personally, the King remained silent as the grave. In writing to the Duke of Alva, he observed that "the Emperor, the Dukes of Bavaria and Lorraine, the Duchess and the Duchess-dowager, had written to him many times, and in the most pressing manner, in favor of the Counts Horn and Egmont." He added, that he had made no reply to them, nor to other Knights of the Fleece who had implored him to respect the statutes of the order, and he begged Alva "to hasten the process as fast as possible." To an earnest autograph letter, in which the Emperor, on the 2nd of March, 1568, made a last effort to save the illustrious prisoners, he replied, that "the whole world would at last approve his conduct, but that, at any rate, he would not act differently, even if he should risk the loss of the provinces, and if the sky should fall on his head."

But little heed was paid to the remonstrances in behalf of the imperial Courts, or the privileges of Brabant. These were but cobweb impediments which, indeed, had long been brushed away. President Viglius was even pathetic on the subject of Madame Egmont's petition to the council of Brabant. It was so bitter, he said, that the Duke was slightly annoyed, and took it ill that the royal servants in that council should have his Majesty's interests so little at heart. It seemed indecent in the eyes of the excellent Frisian, that a wife pleading for her husband, a mother for her, eleven children, so soon to be fatherless, should indulge in strong language!

The statutes of the Fleece were obstacles somewhat more serious. As, however, Alva had come to the Netherlands pledged to accomplish the destruction of these two nobles, as soon as he should lay his hands upon them, it was only a question of form, and even that question was, after a little reflection, unceremoniously put aside.

To the petitions in behalf of the two Counts, therefore, that they should be placed in the friendly keeping of the Order, and be tried by its statutes, the 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 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.