PG Edition of Netherlands series — Complete

by John Lothrop Motley

No other offers from the King of Spain or the Archdukes had ever been made to him, said van Berk, than those indicated in this deposition against the Advocate as coming from that statesman. Nor had Barneveld ever spoken to him upon such subjects except on that one occasion.

It is not necessary and would be wearisome to follow the unfortunate statesman through the long line of defence which he was obliged to make, in fragmentary and irregular form, against these discursive and confused assaults upon him. A continuous argument might be built up with the isolated parts which should be altogether impregnable. It is superfluous.

Always instructive to his judges as he swept at will through the record of nearly half a century of momentous European history, in which he was himself a conspicuous figure, or expounding the ancient laws and customs of the country with a wealth and accuracy of illustration which testified to the strength of his memory, he seemed rather like a sage expounding law and history to a class of pupils than a criminal defending himself before a bench of commissioners. Moved occasionally from his austere simplicity, the majestic old man rose to a strain of indignant eloquence which might have shaken the hall of a vast assembly and found echo in the hearts of a thousand hearers as he denounced their petty insults or ignoble insinuations; glaring like a caged lion at his tormentors, who had often shrunk before him when free, and now attempted to drown his voice by contradictions, interruptions, threats, and unmeaning howls.

He protested, from the outset and throughout the proceedings, against the jurisdiction of the tribunal. The Treaty of Union on which the Assembly and States-General were founded gave that assembly no power over him. They could take no legal cognizance of his person or his acts. He had been deprived of writing materials, or he would have already drawn up his solemn protest and argument against the existence of the commission. He demanded that they should be provided for him, together with a clerk to engross his defence. It is needless to say that the demand was refused.

It was notorious to all men, he said, that on the day when violent hands were laid upon him he was not bound to the States-General by oath, allegiance, or commission. He was a well-known inhabitant of the Hague, a householder there, a vassal of the Commonwealth of Holland, enfeoffed of many notable estates in that country, serving many honourable offices by commission from its government. By birth, promotion, and conferred dignities he was subject to the supreme authority of Holland, which for forty years had been a free state possessed of all the attributes of sovereignty, political, religious, judicial, and recognizing no superior save God Almighty alone.

He was amenable to no tribunal save that of their Mightinesses the States of Holland and their ordinary judges. Not only those States but the Prince of Orange as their governor and vassal, the nobles of Holland, the colleges of justice, the regents of cities, and all other vassals, magistrates, and officers were by their respective oaths bound to maintain and protect him in these his rights.

After fortifying this position by legal argument and by an array of historical facts within his own experience, and alluding to the repeated instances in which, sorely against his will, he had been solicited and almost compelled to remain in offices of which he was weary, he referred with dignity to the record of his past life. From the youthful days when he had served as a volunteer at his own expense in the perilous sieges of Haarlem and Leyden down to the time of his arrest, through an unbroken course of honourable and most arduous political services, embassies, and great negotiations, he had ever maintained the laws and liberties of the Fatherland and his own honour unstained.

That he should now in his seventy-second year be dragged, in violation of every privilege and statute of the country, by extraordinary means, before unknown judges, was a grave matter not for himself alone but for their Mightinesses the States of Holland and for the other provinces. The precious right 'de non evocando' had ever been dear to all the provinces, cities, and inhabitants of the Netherlands. It was the most vital privilege in their possession as well in civil as criminal, in secular as in ecclesiastical affairs.

When the King of Spain in 1567, and afterwards, set up an extraordinary tribunal and a course of extraordinary trials, it was an undeniable fact, he said, that on the solemn complaint of the States all princes, nobles, and citizens not only in the Netherlands but in foreign countries, and all foreign kings and sovereigns, held those outrages to be the foremost and fundamental reason for taking up arms against that king, and declaring him to have forfeited his right of sovereignty.

Yet that monarch was unquestionably the born and accepted sovereign of each one of the provinces, while the General Assembly was but a gathering of confederates and allies, in no sense sovereign. It was an unimaginable thing, he said, that the States of each province should allow their whole authority and right of sovereignty to be transferred to a board of commissioners like this before which he stood. If, for example, a general union of France, England, and the States of the United Netherlands should be formed (and the very words of the Act of Union contemplated such possibility), what greater absurdity could there be than to suppose that a college of administration created for the specific purposes of such union would be competent to perform acts of sovereignty within each of those countries in matters of justice, polity, and religion?