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?
It was known to mankind, he said, that when negotiations were entered
into for bestowing the sovereignty of the Provinces on France and on
England, special and full powers were required from, and furnished by,
the States of each individual province.
Had the sovereignty been in the assembly of the States-General, they
might have transferred it of their own motion or kept it for themselves.
Even in the ordinary course of affairs the commissioners from each
province to the General Assembly always required a special power from
their constituents before deciding any matter of great importance.
In regard to the defence of the respective provinces and cities, he had
never heard it doubted, he said, that the states or the magistrates of
cities had full right to provide for it by arming a
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