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
page 35 of 105 (33%)
page 35 of 105 (33%)
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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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