44 Proceedings of the peace negotiations at Cologne, in the presence of the commissaries of His Imperial Majesty, 1581 1

This pamphlet contains not only the proceedings based on the official reports of the delegates of the States General but also a commentary written by the Frisian lawyer Agge Albada who played an important part at the Cologne conference. He frequently quotes authoritative texts such as Sebastian Castellio's treatise on the persecution of heretics (1554) and the Vindiciae contra tyrannos (1579). In the following passages he comments on the acceptance of Archduke Matthias by the States General in December 1577.

There are many elements which indicate that the king's dominion is bound under contract to the States or the people. However if one takes the contracts of all provinces into consideration, and in particular that of Brabant, it cannot be said that the king received supreme dominion from them. In almost all matters concerning the community he is not allowed to exercise his power without the people's approval. If you wish to criticise me for advancing propositions not specified in these contracts or alliances, the States answer that these contracts and alliances have the same purpose, to wit that the lives, honour and possessions of the common people should be preserved. They think this purpose has become far more important now, since things have come to such a pass that all we stand for is being openly challenged and contested by the Spaniards on behalf of the king. Now the common people have no other human help and remedy than force of arms to protect themselves and their possessions. Moreover, it can be proved that the princes are made for the benefit of their subjects and not the subjects for the benefit of the princes... The States know better than the king which persons are disposed to keep the peace and which to stir up new revolts, and whether or not such persons are respectable and capable of governing and administering justice, and to whom functions and offices should be given. To a wise man therefore it will not seem unjust or strange that the States want to appoint people who are agree-

able to them as well as to the king until the state has been restored to its former shape and stability.

So that no one should think it was unjust and illegal for the States to elect and appoint Archduke Matthias, I would like to add the true words spoken by Philip Marnix, lord of St Aldegonde in an address to the delegates of the empire delivered on behalf of the archduke and the States of the Netherlands at the diet at Worms.2 The States of the Netherlands realised, he said, that since Don John of Austria had only the ruin of the fatherland in mind, they would need another leader and captain, thanks to whose authority and high rank the provinces might be kept united in their feelings and desires in such a dangerous and precarious situation, and the neighbouring countries'3 proposals and intrigues designed towards occupying these provinces and withdrawing them entirely from loyalty to the king of Spain and house of Austria, might be prevented. It seemed to them in all respects fit and proper, to entrust His Most Serene Highness Prince Matthias, archduke of Austria, with state affairs - which were in an almost desperate condition - partly to prevent so great a ruin of their fatherland and partly to preserve and protect the right and dignity of the very illustrious house of Austria in Lower Germany or, to put it briefly, to maintain the alliance and great friendship which for various reasons they have with Germany. He is twice, nay thrice related to the king of Spain;4 he possesses a good and honest nature and thanks to his strict and perfect education in all sorts of virtues his manners differ totally from those usual in Spain. In word and deed he has always shown himself to be kindly disposed towards the Netherlands. Thus Matthias may surely be relied on to calm the tempest and readily to persuade the king his uncle to resume his old friendship and kindness to his subjects as well as to persuade the Netherlanders to restore their old loyalty and respect to their king. He will take the necessary steps to make the country prosper again for, while introducing in the Netherlands the methods and decrees concerning religion which prevail in the German Empire, he will retain for the people the statutes and privileges of our own country.

Truly His Serene Highness did not belie the just desire and expectations of the States nor did he refuse to accept their offer but he went thither as rapidly as possible, taking little rest at night.5 Then he was entrusted with

the government with the unanimous consent of all States6 and to the great joy and mirth of the people in these turbulent times, until by the will of the king and the consent of the States, other arrangements should be made. No one who examines this carefully can consider himself entitled to criticise the States for their conduct. Their laws, privileges and decrees and the examples of their ancestors show that their policy was perfectly legal. In the privileges of Brabant it is explicitly stated that even if the prince himself (not to mention the prince's deputy) should break the laws and rights of the country, not only the States in general, but every one concerned of whatever rank he might be, is allowed to refuse him obedience and respect, for as long as the king fails to comply entirely with the statutes and privileges.7 But a person appointed by the prince to act as governor, who undertakes something against the statutes and privileges, is considered by such deeds to have immediately forfeited his office and must be regarded by the whole population as being dismissed. No one is allowed to support him; without any further formal legal procedure he must be judged not only unfit to hold any public office but infamous and not qualified to make his will.

A striking instance of this is an action performed by our ancestors in recent history. For by decree of the States they deposed Duke John of Brabant, son of Anthony and grandson of Philip the Bold, duke of Burgundy and brother of the king of France, from all his administrative and governmental offices, when he showed too much favour to some of his close friends, giving them permanent office in the service and administration of the country and doing much that was contrary to the rights of the country and laws he had sworn to observe. His brother Philip was appointed his substitute until John had repaired the avowed offence and, with all those who had offended against the privileges and rights of the country excluded from office, had entirely complied with the statutes and laws of the country to the satisfaction of the States. He gave them a letter signed in his own hand and sealed with his seal, in which he declared on behalf of himself and his successors that the States had acted

well and lawfully and to the benefit of the commonwealth and that they might do this with perfect justice in accordance with the laws and statutes of the country and that therefore all their successors would be allowed to follow this example as often as necessary.8 At the time of the very Serene Lady Mary, wife of Maximilian the First, Roman emperor of that name, blessed be his memory, this law or privilege, which pertained only to Brabant, was by public treaty and contract made common and universal in all provinces of the Netherlands:9 this is stated in public papers and further documented in the annals of the realm which may serve as evidence. In former times the inhabitants of Holland and Zeeland and also of Flanders often did the same thing, as the history books show. As it is customary in all countries, even in Germany, to follow in one's ancestors' commendable footsteps, no one may now justly criticise the States of the Netherlands for using their right to oppose, not the prince himself, but the man sent from far away, from Spain, as the king's stadholder; the man who, following foreign Spanish advice,10 not only openly and shamefully offended against the privileges and laws of the country, but also against the general peace and firmly founded Pacification of Ghent, applauded and confirmed by all States, even by the king himself.