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Life and Death of John of Barneveld, Advocate of Holland : with a view of the primary causes and movements of the Thirty Years' War, 1618-19 by John Lothrop Motley
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of concession to Holland was ridiculous. Either the law 'de non
evocando'--according to which no citizen of Holland could be taken out
of the province for trial--was to be respected or it was to be trampled
upon. If it was to be trampled upon, it signified little whether more
commissioners were to be taken from Holland than from each of the other
provinces, or fewer, or none at all. Moreover it was pretended that a
majority of the whole board was to be assigned to that province. But
twelve is not a majority of twenty-four. There were three fascals or
prosecuting officers, Leeuwen of Utrecht, Sylla of Gelderland, and Antony
Duyck of Holland. Duyck was notoriously the deadly enemy of Barneveld,
and was destined to succeed to his offices. It would have been as well
to select Francis Aerssens himself.

It was necessary to appoint a commission because there was no tribunal
appertaining to the States-General. The general government of the
confederacy had no power to deal with an individual. It could only
negotiate with the sovereign province to which the individual was
responsible, and demand his punishment if proved guilty of an offence.
There was no supreme court of appeal. Machinery was provided for
settling or attempting to settle disputes among the members of the
confederacy, and if there was a culprit in this great process it was
Holland itself. Neither the Advocate nor any one of his associates had
done any act except by authority, express or implied, of that sovereign
State. Supposing them unquestionably guilty of blackest crimes against
the Generality, the dilemma was there which must always exist by the very
nature of things in a confederacy. No sovereign can try a fellow
sovereign. The subject can be tried at home by no sovereign but his own.

The accused in this case were amenable to the laws of Holland only.

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