Charter of Kortenberg
Encyclopedia
On September 27, 1312, the Duke of Brabant
signed a charter that should better be referred to as a constitution
. It was valid for the entire duchy. From this charter originated a kind of "Parliament of Cortenbergh" or a "Council of Cortenberg" or what was called an assembly of "The Lords of Cortenbergh". With this Charter the Duchy of Brabant was the first state in the Low Countries
or perhaps even the first state of Europe to give the estates the right for participation. Actually one of the first democratic decisions in feudal Europe.
This control organ, a precursor of the later "Estate assembly" (namely, the first estate was the clergy, the second estate was the nobility, and the third estate was the municipalities) gathered in the Abbey of Kortenberg
and elsewhere with ups and downs until 1375.
From 1332 on the council was extended by two more members, so that there were 16 Lords; Antwerp got a second member and the Brabant Walloon town of Nivelles
also got a member. In 1340 documents were sealed with a special seal on which a tree was planted on a little hill (the "short" or "sharp"?). The seal bore the words "SIGILUM COMMUNE : CONSILII DE CORTENBERGHE" (the common or usual seal of the Council of Kortenberg).
1: That no other demands or taxes be levied than those which are known as the three feudal cases:
The taxes will be reasonable (fiscal prerogative).
2: An honourable jurisdiction for rich and poor. (judicial prerogative).
3: To recognise the freedom of our good towns. (municipal prerogative).
4: To establish a council which shall be comprised (sic) of :
5: This council be allowed to meet at Kortenberg in the Abbey. It will meet every 3 weeks to monitor whether the financial, judicial and municipal prerogatives are observed.
6: That in the future improvements are introduced to the administration of the land by the council.
7: That upon the death of members of the Council of Kortenberg, new members be designated.
8: That the members of the Council take an oath on the Holy Gospel that they will pursue the best interests of the public.
9: That the people have the right to resist should the Duke or his descendants refuse to observe the Charter of Kortenberg.
Duke of Brabant
The Duchy of Brabant was formally erected in 1183/1184. The title "Duke of Brabant" was created by the German Emperor Frederick Barbarossa in favor of Henry I, son of Godfrey III of Leuven . The Duchy of Brabant was a feudal elevation of the since 1085/1086 existing title of Landgrave of Brabant...
signed a charter that should better be referred to as a constitution
Constitution
A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is...
. It was valid for the entire duchy. From this charter originated a kind of "Parliament of Cortenbergh" or a "Council of Cortenberg" or what was called an assembly of "The Lords of Cortenbergh". With this Charter the Duchy of Brabant was the first state in the Low Countries
Low Countries
The Low Countries are the historical lands around the low-lying delta of the Rhine, Scheldt, and Meuse rivers, including the modern countries of Belgium, the Netherlands, Luxembourg and parts of northern France and western Germany....
or perhaps even the first state of Europe to give the estates the right for participation. Actually one of the first democratic decisions in feudal Europe.
This control organ, a precursor of the later "Estate assembly" (namely, the first estate was the clergy, the second estate was the nobility, and the third estate was the municipalities) gathered in the Abbey of Kortenberg
Kortenberg
Kortenberg is a municipality located in the Belgian province of Flemish Brabant. The municipality comprises the towns of Erps-Kwerps, Everberg, Kortenberg proper and Meerbeek. In the southern part of Everberg there is a hamlet called Vrebos. Between Erps and Meerbeek another hamlet, called...
and elsewhere with ups and downs until 1375.
From 1332 on the council was extended by two more members, so that there were 16 Lords; Antwerp got a second member and the Brabant Walloon town of Nivelles
Nivelles
Nivelles is a Walloon city and municipality located in the Belgian province of Walloon Brabant. The Nivelles municipality includes the old communes of Baulers, Bornival, Thines, and Monstreux....
also got a member. In 1340 documents were sealed with a special seal on which a tree was planted on a little hill (the "short" or "sharp"?). The seal bore the words "SIGILUM COMMUNE : CONSILII DE CORTENBERGHE" (the common or usual seal of the Council of Kortenberg).
Modern version of the charter of Kortenberg
We duke John II of Brabant, agree1: That no other demands or taxes be levied than those which are known as the three feudal cases:
- at the knighthood of my son
- the wedding of my daughter
- and if I should be taken captive
The taxes will be reasonable (fiscal prerogative).
2: An honourable jurisdiction for rich and poor. (judicial prerogative).
3: To recognise the freedom of our good towns. (municipal prerogative).
4: To establish a council which shall be comprised (sic) of :
- 4 knights or nobles.
- 10 representatives from the 5 cities as follows:
- 3 from LeuvenLeuvenLeuven is the capital of the province of Flemish Brabant in the Flemish Region, Belgium...
- 3 from BrusselsBrusselsBrussels , officially the Brussels Region or Brussels-Capital Region , is the capital of Belgium and the de facto capital of the European Union...
- 1 from Antwerp
- 1 from 's-Hertogenbosch (now NetherlandsNetherlandsThe Netherlands is a constituent country of the Kingdom of the Netherlands, located mainly in North-West Europe and with several islands in the Caribbean. Mainland Netherlands borders the North Sea to the north and west, Belgium to the south, and Germany to the east, and shares maritime borders...
) - 1 from Tienen
- 1 from ZoutleeuwZoutleeuwZoutleeuw is a municipality and city in the Hageland, in the extreme east of the Belgian province of Flemish Brabant. On 1 January 2006 the municipality had 7,947 inhabitants...
- 3 from Leuven
5: This council be allowed to meet at Kortenberg in the Abbey. It will meet every 3 weeks to monitor whether the financial, judicial and municipal prerogatives are observed.
6: That in the future improvements are introduced to the administration of the land by the council.
7: That upon the death of members of the Council of Kortenberg, new members be designated.
8: That the members of the Council take an oath on the Holy Gospel that they will pursue the best interests of the public.
9: That the people have the right to resist should the Duke or his descendants refuse to observe the Charter of Kortenberg.