His appeal seems to have glanced powerlessly upon the iron reticence of Maurice, and the Advocate took his departure disheartened. Later in the autumn, so warm a remonstrance was made to him by the leading nobles and deputies of Holland against his contemplated withdrawal from his post that it seemed a dereliction of duty on his part to retire. He remained to battle with the storm and to see "with anguish of heart," as he expressed it, the course religious affairs were taking.

The States of Utrecht on the 26th August resolved that on account of the gathering of large masses of troops in the countries immediately adjoining their borders, especially in the Episcopate of Cologne, by aid of Spanish money, it was expedient for them to enlist a protective force of six companies of regular soldiers in order to save the city from sudden and overwhelming attack by foreign troops.

Even if the danger from without were magnified in this preamble, which is by no means certain, there seemed to be no doubt on the subject in the minds of the magistrates. They believed that they had the right to protect and that they were bound to protect their ancient city from sudden assault, whether by Spanish soldiers or by organized mobs attempting, as had been done in Rotterdam, Oudewater, and other towns, to overawe the civil authority in the interest of the Contra-Remonstrants.

Six nobles of Utrecht were accordingly commissioned to raise the troops. A week later they had been enlisted, sworn to obey in all things the States of Utrecht, and to take orders from no one else. Three days later the States of Utrecht addressed a letter to their Mightinesses the States-General and to his Excellency the Prince, notifying them that for the reasons stated in the resolution cited the six companies had been levied. There seemed in these proceedings to be no thought of mutiny or rebellion, the province considering itself as acting within its unquestionable rights as a sovereign state and without any exaggeration of the imperious circumstances of the case.

Nor did the States-General and the Stadholder at that moment affect to dispute the rights of Utrecht, nor raise a doubt as to the legality of the proceedings. The committee sent thither by the States-General, the Prince, and the council of state in their written answer to the letter of the Utrecht government declared the reasons given for the enrolment of the six companies to be insufficient and the measure itself highly dangerous. They complained, but in very courteous language, that the soldiers had been levied without giving the least notice thereof to the general government, without asking its advice, or waiting for any communication from it, and they reminded the States of Utrecht that they might always rely upon the States-General and his Excellency, who were still ready, as they had been seven years before (1610), to protect them against every enemy and any danger.

The conflict between a single province of the confederacy and the authority of the general government had thus been brought to a direct issue; to the test of arms. For, notwithstanding the preamble to the resolution of the Utrecht Assembly just cited, there could be little question that the resolve itself was a natural corollary of the famous "Sharp Resolution," passed by the States of Holland three weeks before. Utrecht was in arms to prevent, among other things at least, the forcing upon them by a majority of the States-General of the National Synod to which they were opposed, the seizure of churches by the Contra- Remonstrants, and the destruction of life and property by inflamed mobs.

There is no doubt that Barneveld deeply deplored the issue, but that he felt himself bound to accept it. The innate absurdity of a constitutional system under which each of the seven members was sovereign and independent and the head was at the mercy of the members could not be more flagrantly illustrated. In the bloody battles which seemed impending in the streets of Utrecht and in all the principal cities of the Netherlands between the soldiers of sovereign states and soldiers of a general government which was not sovereign, the letter of the law and the records of history were unquestionably on the aide of the provincial and against the general authority. Yet to nullify the authority of the States-General by force of arms at this supreme moment was to stultify all government whatever. It was an awful dilemma, and it is difficult here fully to sympathize with the Advocate, for he it was who inspired, without dictating, the course of the Utrecht proceedings.

With him patriotism seemed at this moment to dwindle into provincialism, the statesman to shrink into the lawyer.

Certainly there was no guilt in the proceedings. There was no crime in the heart of the Advocate. He had exhausted himself with appeals in favour of moderation, conciliation, compromise. He had worked night and day with all the energy of a pure soul and a great mind to assuage religious hatreds and avert civil dissensions. He was overpowered. He had frequently desired to be released from all his functions, but as dangers thickened over the Provinces, he felt it his duty so long as he remained at his post to abide by the law as the only anchor in the storm. Not rising in his mind to the height of a national idea, and especially averse from it when embodied in the repulsive form of religious uniformity, he did not shrink from a contest which he had not provoked, but had done his utmost to avert. But even then he did not anticipate civil war. The enrolling of the Waartgelders was an armed protest, a symbol of legal conviction rather than a serious effort to resist the general government. And this is the chief justification of his course from a political point of view. It was ridiculous to suppose that with a few hundred soldiers hastily enlisted—and there were less than 1800 Waartgelders levied throughout the Provinces and under the orders of civil magistrates—a serious contest was intended against a splendidly disciplined army of veteran troops, commanded by the first general of the age.

From a legal point of view Barneveld considered his position impregnable.