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.