In consequence of the excitement produced by this event, it was no longer possible for the Prince to decline accepting the countship of Holland and Zealand, which he had refused absolutely two years before, and which he had again rejected, except for a limited period, in the year 1581. It was well understood, as appears by the treaty with Anjou, and afterwards formally arranged, "that the Duke was never, to claim sovereignty over Holland and Zealand," and the offer of the sovereign countship of Holland was again made to the Prince of Orange in most urgent terms. It will be recollected that he had accepted the sovereignty on the 5th of July, 1581, only for the term of the war. In a letter, dated Bruges, 14th of August, 1582, he accepted the dignity without limitation. This offer and acceptance, however, constituted but the preliminaries, for it was further necessary that the letters of "Renversal" should be drawn up, that they should be formally delivered, and that a new constitution should be laid down, and confirmed by mutual oaths. After these steps had been taken, the ceremonious inauguration or rendering of homage was to be celebrated.
All these measures were duly arranged, except the last. The installation of the new Count of Holland was prevented by his death, and the northern provinces remained a Republic, not only in fact but in name.
In political matters; the basis of the new constitution was the "Great Privilege" of the Lady Mary, the Magna Charta of the country. That memorable monument in the history of the Netherlands and of municipal progress had, been overthrown by Mary's son, with the forced acquiescence of the states, and it was therefore stipulated by the new article, that even such laws and privileges as had fallen into disuse should be revived. It was furthermore provided that the little state should be a free Countship, and should thus silently sever its connexion with the Empire.
With regard to the position of the Prince, as hereditary chief of the little commonwealth, his actual power was rather diminished than increased by his new dignity. What was his position at the moment? He was sovereign during the war, on the general basis of the authority originally bestowed upon him by the King's commission of stadholder. In 1581, his Majesty had been abjured and the stadholder had become sovereign. He held in his hands the supreme power, legislative, judicial, executive. The Counts of Holland—and Philip as their successor—were the great fountains of that triple stream. Concessions and exceptions had become so extensive; no doubt, that the provincial charters constituted a vast body of "liberties" by which the whole country was reasonably well supplied. At the same time, all the power not expressly granted away remained in the breast of the Count. If ambition, then, had been William's ruling principle, he had exchanged substance for shadow, for the new state now constituted was a free commonwealth—a republic in all but name.
By the new constitution he ceased to be the source of governmental life, or to derive his own authority from above by right divine. The sacred oil which had flowed from Charles the Simple's beard was dried up. Orange's sovereignty was from the estates; as legal representatives of the people; and, instead of exercising all the powers not otherwise granted away, he was content with those especially conferred upon him. He could neither declare war nor conclude peace without the co-operation of the representative body. The appointing power was scrupulously limited. Judges, magistrates, governors, sheriffs, provincial and municipal officers, were to be nominated by the local authorities or by the estates, on the triple principle. From these triple nominations he had only the right of selection by advice and consent of his council. He was expressly enjoined to see that the law was carried to every man's door, without any distinction of persons; to submit himself to its behests, to watch against all impedimenta to the even flow of justice, to prevent false imprisonments, and to secure trials for every accused person by the local tribunals. This was certainly little in accordance with the arbitrary practice of the past quarter of a century.
With respect to the great principle of taxation, stricter bonds even were provided than those which already existed. Not only the right of taxation remained with the states, but the Count was to see that, except for war purposes, every impost was levied by a unanimous vote. He was expressly forbidden to tamper with the currency. As executive head, save in his capacity as Commander-in-chief by land or sea, the new sovereign was, in short, strictly limited by self-imposed laws. It had rested with him to dictate or to accept a constitution. He had in his memorable letter of August, 1582, from Bruges, laid down generally the articles prepared at Plessia and Bourdeaux, for Anjou-together with all applicable provisions of the Joyous Entry of Brabant—as the outlines of the constitution for the little commonwealth then forming in the north. To these provisions he was willing to add any others which, after ripe deliberation, might be thought beneficial to the country.
Thus limited were his executive functions. As to his judicial authority it had ceased to exist. The Count of Holland was now the guardian of the laws, but the judges were to administer them. He held the sword of justice to protect and to execute, while the scales were left in the hands which had learned to weigh and to measure.
As to the Count's legislative authority, it had become coordinate with, if not subordinate to, that of the representative body. He was strictly prohibited from interfering with the right of the separate or the general states to assemble as often as they should think proper; and he was also forbidden to summon them outside their own territory. This was one immense step in the progress of representative liberty, and the next was equally important. It was now formally stipulated that the estates were to deliberate upon all measures which "concerned justice and polity," and that no change was to be made—that is to say, no new law was to pass without their consent as well as that of the council. Thus, the principle was established of two legislative chambers, with the right, but not the exclusive right, of initiation on the part of government, and in the sixteenth century one would hardly look for broader views of civil liberty and representative government. The foundation of a free commonwealth was thus securely laid, which had William lived, would have been a representative monarchy, but which his death converted into a federal republic. It was necessary for the sake of unity to give a connected outline of these proceedings with regard to the sovereignty of Orange. The formal inauguration, only remained, and this, as will be seen, was for ever interrupted.
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