d from arrest. The place
where he stood was on the territory of Holland and in the very sanctuary
of her courts and House of Assembly. The States-General were only as
guests on her soil, and had no domain or jurisdiction there whatever. He
was not apprehended by any warrant or form of law. It was in time of
peace, and there was no pretence of martial law. The highest civil
functionary of Holland was invited in the name of its first military
officer to a conference, and thus entrapped was forcibly imprisoned.
At last a board of twenty-four commissioners was created, twelve from
Holland and two from each of the other six provinces. This affectation 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 w
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