PG Edition of Netherlands series — Complete

by John Lothrop Motley

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 breach of trust. The proof of these crimes was evolved, in a dim and misty manner, out of a purposely confused recital. No events, however, were recapitulated which have not been described in the course of this history. Setting out with a general statement, that the Admiral, the Prince of Orange, Count Egmont, and other lords had organized a plot to expel his Majesty from the Netherlands, and to divide the provinces among themselves; the declaration afterwards proceeded to particulars. Ten of its sixty-three articles were occupied with the Cardinal Granvelle, who, by an absurd affectation, was never directly named, but called "a certain personage—a principal personage—a grand personage, of his Majesty's state council." None of the offences committed against him were forgotten: the 11th of March letter, the fool's-cap, the livery, were reproduced in the most violent colors, and the cabal against the minister was quietly assumed to constitute treason against the monarch.

The Admiral, it was further charged, had advised and consented to the fusion of the finance and privy councils with that of state, a measure which was clearly treasonable. He had, moreover, held interviews with the Prince of Orange, with Egmont, and other nobles, at Breda and at Hoogstraaten, at which meetings the confederacy and the petition had been engendered. That petition had been the cause of all the evils which had swept the land. "It had scandalously injured the King, by affirming that the inquisition was a tyranny to humanity, which was an infamous and unworthy proposition." The confederacy, with his knowledge and countenance, had enrolled 30,000 men. He had done nothing, any more than Orange or Egmont, to prevent the presentation of the petition. In the consultation at the state-council which ensued, both he and the Prince were for leaving Brussels at once, while Count Egmont expressed an intention of going to Aix to drink the waters. Yet Count Egmont's appearance (proceeded this indictment against another individual) exhibited not a single sign of sickness. The Admiral had, moreover, drank the toast of "Vivent leg gueux" on various occasions, at the Culemberg House banquet, at the private table of the Prince of Orange, at a supper at the monastery of Saint Bernard's, at a dinner given by Burgomaster Straalen. He had sanctioned the treaties with the rebels at Duffel, by which he had clearly rendered himself guilty of high treason. He had held an interview with Orange, Egmont, and Hoogstraaten, at Denremonde, for the treasonable purpose of arranging a levy of troops to prevent his Majesty's entrance into the Netherlands. He had refused to come to Brussels at the request of the Duchess of Parma, when the rebels were about to present the petition. He had written to his secretary that he was thenceforth resolved to serve neither King nor Kaiser. He had received from one Taffin, with marks of approbation, a paper, stating that the assembling of the states-general was the only remedy for the troubles in the land. He had, repeatedly affirmed that the inquisition and edicts ought to be repealed.

On his arrival at Tournay in August, 1566, the people had cried "Vivent les gueux;" a proof that he liked the cry. All his transactions at Tournay, from first to last, had been criminal. He had tolerated Reformed preaching, he had forbidden Catholics and Protestants to molest each other, he had omitted to execute heretics, he had allowed the religionists to erect an edifice for public worship outside the walls. He had said, at the house of Prince Espinoy, that if the King should come into the provinces with force, he would oppose him with 15,000 troops. He had said, if his brother Montigny should be detained in Spain, he would march to his rescue at the head of 50,000 men whom he had at his command. He had on various occasions declared that "men should live according to their consciences"—as if divine and human laws were dead, and men, like wild beasts, were to follow all their lusts and desires. Lastly, he had encouraged the rebellion in Valenciennes.

Of all these crimes and misdeeds the procurator declared himself sufficiently informed, and the aforesaid defendant entirely, commonly, and publicly defamed.

Wherefore, that officer terminated his declaration by claiming "that the cause should be concluded summarily, and without figure or form of process; and that therefore, by his Excellency or his sub-delegated judges, the aforesaid defendant should be declared to have in diverse ways committed high treason, should be degraded from his dignities, and should be condemned to death, with confiscation of all his estates."

The Admiral, thus peremptorily summoned, within five days, without assistance, without documents, and from the walls of a prison, to answer to these charges, 'solos ex vinculis causam dicere', undertook his task with the boldness of innocence. He protested, of course, to the jurisdiction, and complained of the want of an advocate, not in order to excuse any weakness in his defence, but only any inelegance in his statement. He then proceeded flatly to deny some of the facts, to admit others, and to repel the whole treasonable inference. His answer in all essential respects was triumphant. Supported by the evidence which, alas was not collected and published till after his death, it was impregnable.

He denied that he had ever plotted against his King, to whom he had ever been attached, but admitted that he had desired the removal of Granvelle, to whom he had always been hostile. He had, however, been an open and avowed enemy to the Cardinal, and had been engaged in no secret conspiracy against his character or against his life. He denied that the livery (for which, however, he was not responsible) had been intended to ridicule the Cardinal, but asserted that it was intended to afford an example of economy to an extravagant nobility. He had met Orange and Egmont at Breda and Hoogstraaten, and had been glad to do so, for he had been long separated from them. These interviews, however, had been social, not political, for good cheer and merry-making, not for conspiracy and treason. He had never had any connection with the confederacy; he had neither advised nor protected the petition, but, on the contrary, after hearing of the contemplated movement, had written to give notice thereof to the Duchess. He was in no manner allied, with Brederode, but, on the contrary, for various reasons, was not upon friendly terms with him. He had not entered his house since his return from Spain. He had not been a party to the dinner at Culemburg House. Upon that day he had dined with the Prince of Orange, with whom he was lodging and, after dinner, they had both gone together to visit Mansfeld, who was confined with an inflamed eye. There they had met Egmont, and the three had proceeded together to Culemburg House in order to bring away Hoogstraaten, whom the confederates had compelled to dine with them; and also to warn the nobles not to commit themselves by extravagant and suspicious excesses. They had remained in the house but a few minutes, during which time the company had insisted upon their drinking a single cup to the toast of "Vivent le roy et les gueux." They had then retired, taking with them Hoogstraaten, and all thinking that they had rendered a service to the government by their visit, instead of having made themselves liable to a charge of treason. As to the cries of "Vivent les gueux" at the tables of Orange, of the Abbot of Saint Bernard, and at other places, those words had been uttered by simple, harmless fellows; and as he considered, the table a place of freedom, he had not felt himself justified in rebuking the manners of his associates, particularly, in houses where he was himself but a guest. As for committing treason at the Duffel meeting, he had not been there at all.

He thanked God that, at that epoch, he had been absent from Brussels, for had he, as well as Orange and Egmont, been commissioned by the Duchess to arrange those difficult matters, he should have considered it his duty to do as they did. He had never thought of levying troops against his Majesty. The Denremonde meeting had been held, to consult upon four subjects: the affairs of Tournay; the intercepted letters of the French ambassador, Alava; the letter of Montigny, in which he warned his brother of the evil impression which the Netherland matters were making in Spain; and the affairs of Antwerp, from which city the Prince of Orange found it necessary at that moment to withdraw.—With regard to his absence from Brussels, he stated that he had kept away from the Court because he was ruined. He was deeply in debt, and so complete was his embarrassment, that he had been unable in Antwerp to raise 1000 crowns upon his property, even at an interest of one hundred per cent. So far from being able to levy troops, he was hardly able to pay for his daily bread. With regard to his transactions at Tournay, he had, throughout them all, conformed himself to the instructions of Madame de Parma. As to the cry of "Vivent les gueux," he should not have cared at that moment if the populace had cried 'Vive Comte Horn', for his thoughts were then occupied with more substantial matters. He had gone thither under a special commission from the Duchess, and had acted under instructions daily received by her own hand. He had, by her orders, effected a temporary compromise between the two religious parties, on the basis of the Duffel treaty. He had permitted the public preaching to continue, but had not introduced it for the first time. He had allowed temples to be built outside the gates, but it was by express command of Madame, as he could prove by her letters. She had even reproved him before the council, because the work had not been accomplished with sufficient despatch. With regard to his alleged threat, that he would oppose the King's entrance with 15,000 men, he answered, with astonishing simplicity, that he did not remember making any such observation, but it was impossible for a man to retain in his mind all the nonsense which he might occasionally utter. The honest Admiral thought that his poverty, already pleaded, was so notorious that the charge was not worthy of a serious answer. He also treated the observation which he was charged with having made, relative to his marching to Spain with 50,000 men to rescue Montigny as "frivolous and ridiculous." He had no power to raise a hundred men. Moreover he had rejoiced at Montigny's detention, for he had thought that to be out of the Netherlands was to be out of harm's way. On the whole, he claimed that in all those transactions of his which might be considered anti-Catholic, he had been governed entirely by the instructions of the Regent, and by her Accord with the nobles. That Accord, as she had repeatedly stated to him, was to be kept sacred until his Majesty, by advice of the states-general, should otherwise ordain.

Finally, he observed, that law was not his vocation. He was no pettifogger, but he had endeavored loyally to conform himself to the broad and general principles of honor, justice, and truth. In a very few and simple words, he begged his judges to have regard to his deeds, and to a life of loyal service. If he had erred occasionally in those times of tumult, his intentions had ever been faithful and honorable.