The Rise of the Dutch Republic — Complete (1555-66). John Lothrop Motley
in the treaty-making power, especially. Sometimes by bargains; sometimes by blood, by gold, threats, promises, or good hard blows they extorted their charters. Their codes, statutes, joyful entrances, and other constitutions were dictated by the burghers and sworn to by the monarch. They were concessions from above; privileges private laws; fragments indeed of a larger liberty, but vastly, better than the slavery for which they had been substituted; solid facts instead of empty abstractions, which, in those practical and violent days, would have yielded little nutriment; but they still rather sought to reconcile themselves, by a rough, clumsy fiction, with the hierarchy which they had invaded, than to overturn the system. Thus the cities, not regarding themselves as representatives or aggregations of the people, became fabulous personages, bodies without souls, corporations which had acquired vitality and strength enough to assert their existence. As persons, therefore—gigantic individualities—they wheeled into the feudal ranks and assumed feudal powers and responsibilities. The city of Dort; of Middelburg, of Ghent, of Louvain, was a living being, doing fealty, claiming service, bowing to its lord, struggling with its equals, trampling upon its slaves.
Thus, in these obscure provinces, as throughout Europe, in a thousand remote and isolated corners, civilization builds itself up, synthetically and slowly; yet at last, a whole is likely to get itself constructed. Thus, impelled by great and conflicting forces, now obliquely, now backward, now upward, yet, upon the whole, onward, the new Society moves along its predestined orbit, gathering consistency and strength as it goes. Society, civilization, perhaps, but hardly humanity. The people has hardly begun to extricate itself from the clods in which it lies buried. There are only nobles, priests, and, latterly, cities. In the northern Netherlands, the degraded condition of the mass continued longest. Even in Friesland, liberty, the dearest blessing of the ancient Frisians, had been forfeited in a variety of ways. Slavery was both voluntary and compulsory. Paupers sold themselves that they might escape starvation. The timid sold themselves that they might escape violence. These voluntary sales, which were frequent, wore usually made to cloisters and ecclesiastical establishments, for the condition of Church-slaves was preferable to that of other serfs. Persons worsted in judicial duels, shipwrecked sailors, vagrants, strangers, criminals unable to pay the money-bote imposed upon them, were all deprived of freedom; but the prolific source of slavery was war. Prisoners were almost universally reduced to servitude. A free woman who intermarried with a slave condemned herself and offspring to perpetual bondage. Among the Ripuarian Franks, a free woman thus disgracing herself, was girt with a sword and a distaff. Choosing the one, she was to strike her husband dead; choosing the other, she adopted the symbol of slavery, and became a chattel for life.
The ferocious inroads of the Normans scared many weak and timid persons into servitude. They fled, by throngs, to church and monastery, and were happy, by enslaving themselves, to escape the more terrible bondage of the sea-kings. During the brief dominion of the Norman Godfrey, every free Frisian was forced to wear a halter around his neck. The lot of a Church-slave was freedom in comparison. To kill him was punishable by a heavy fine. He could give testimony in court, could inherit, could make a will, could even plead before the law, if law could be found. The number of slaves throughout the Netherlands was very large; the number belonging to the bishopric of Utrecht, enormous.
The condition of those belonging to laymen was much more painful. The Lyf-eigene, or absolute slaves, were the most wretched. They were mere brutes. They had none of the natural attributes of humanity, their life and death were in the master's hands, they had no claim to a fraction of their own labor or its fruits, they had no marriage, except under condition of the infamous 'jus primoe noctis'. The villagers, or villeins, were the second class and less forlorn. They could commute the labor due to their owner by a fixed sum of money, after annual payment of which, the villein worked for himself. His master, therefore, was not his absolute proprietor. The chattel had a beneficial interest in a portion of his own flesh and blood.
The crusades made great improvement in the condition of the serfs. He who became a soldier of the cross was free upon his return, and many were adventurous enough to purchase liberty at so honorable a price. Many others were sold or mortgaged by the crusading knights, desirous of converting their property into gold, before embarking upon their enterprise. The purchasers or mortgagees were in general churches and convents, so that the slaves, thus alienated, obtained at least a preferable servitude. The place of the absent serfs was supplied by free labor, so that agricultural and mechanical occupations, now devolving upon a more elevated class, became less degrading, and, in process of time, opened an ever-widening sphere for the industry and progress of freemen. Thus a people began to exist. It was, however; a miserable people, with personal, but no civil rights whatever. Their condition, although better than servitude, was almost desperate. They were taxed beyond their ability, while priest and noble were exempt. They had no voice in the apportionment of the money thus contributed. There was no redress against the lawless violence to which they were perpetually exposed. In the manorial courts, the criminal sat in judgment upon his victim. The functions of highwayman and magistrate were combined in one individual.
By degrees, the class of freemen, artisans, traders, and the like, becoming the more numerous, built stronger and better houses outside the castle gates of the "land's master" or the burghs of the more powerful nobles. The superiors, anxious to increase their own importance, favored the progress of the little boroughs. The population, thus collected, began to divide themselves into guilds. These were soon afterwards erected by the community into bodies corporate; the establishment of the community, of course, preceding, the incorporation of the guilds. Those communities were created by charters or Keuren, granted by the sovereign. Unless the earliest concessions of this nature have perished, the town charters of Holland or Zeland are nearly a century later than those of Flanders, France, and England.
The oldest Keur, or act of municipal incorporation, in the provinces afterwards constituting the republic, was that granted by Count William the First of Holland and Countess Joanna of Flanders, as joint proprietors of Walcheren, to the town of Middelburg. It will be seen that its main purport is to promise, as a special privilege to this community, law, in place of the arbitrary violence by which mankind, in general, were governed by their betters.
"The inhabitants," ran the Charter, "are taken into protection by both counts. Upon fighting, maiming, wounding, striking, scolding; upon peace-breaking, upon resistance to peace-makers and to the judgment of Schepens; upon contemning the Ban, upon selling spoiled wine, and upon other misdeeds fines are imposed for behoof of the Count, the city, and sometimes of the Schepens … . … To all Middelburgers one kind of law is guaranteed. Every man must go to law before the Schepens. If any one being summoned and present in Walcheren does not appear, or refuses submission to sentence, he shall be banished with confiscation of property. Schout or Schepen denying justice to a complainant, shall, until reparation, hold no tribunal again … . … A burgher having a dispute with an outsider (buiten mann) must summon him before the Schepens. An appeal lies from the Schepens to the Count. No one can testify but a householder. All alienation of real estate must take place before the Schepens. If an outsider has a complaint against a burgher, the Schepens and Schout must arrange it. If either party refuses submission to them, they must ring the town bell and summon an assembly of all the burghers to compel him. Any one ringing the town bell, except by general consent, and any one not appearing when it tolls, are liable to a fine. No Middelburger can be arrested or held in durance within Flanders or Holland, except for crime."
This document was signed, sealed, and sworn to by the two sovereigns in the year 1217. It was the model upon which many other communities, cradles of great cities, in Holland and Zeland, were afterwards created.
These charters are certainly not very extensive, even for the privileged municipalities which obtained them, when viewed from an abstract stand-point. They constituted, however, a very great advance from the stand-point at which humanity actually found itself. They created, not for all inhabitants, but for great numbers of them, the right, not to govern them selves but to be governed by law: They furnished a local administration of justice. They provided against arbitrary imprisonment. They set up tribunals, where men of burgher class were to sit in judgment. They held up a shield against arbitrary violence from above and sedition from within. They encouraged peace-makers, punished peace-breakers. They guarded the fundamental principle, 'ut sua tanerent', to the verge of absurdity; forbidding a