Instruction of 12 April 1588


In the history of the Netherlands, the instruction of 12 April 1588 is a decision of the States General of the Netherlands passed on 12 April 1588 during the Eighty Years' War. It transferred the duties of the executive branch of government from the Advocatus to the Council of State. In conjunction with a separate decision taken by the States General to transfer the oaths of allegiance of all officials from Leicester to themselves on the same day, the instruction is widely regarded as the formal establishment of the Dutch Republic.

Background

The States General's instruction was intended for the Council of State, which until then had served as an advisory body to the landvoogd, and previously the governors-general of the Habsburg Netherlands. It largely mirrored the provisions of the Treaty of Nonsuch concerning the establishment of a central administration in the United Provinces, in order to provide for some of the shortcomings of the treaty text of the Union of Utrecht. The difference, however, was that there were no longer any references to any sovereignty of Queen Elizabeth I of England, or of Robert Dudley, 1st Earl of Leicester, who had resigned less than two weeks earlier.
The Instruction of 12 April 1588 authorised the Council of State to administer generally the rebellious United Provinces, at that time consisting in whole or in part of Gelre, Holland Zeeland, Utrecht, Friesland and Overijssel and the Flemish city of Ostend. The same day, the States General took the decision to relieve all officials from their oaths to Leicester and bind them to themselves with a new oath. These two decrees are widely regarded as the establishment of the Dutch Republic, since the sovereignty of the monarchical hereditary head of state – a position that, since the Act of Abjuration of 1581, had been held first by Francis, Duke of Anjou and last by Robert, Earl of Leicester – were transferred by the States General to the Council of State. Historians note that the passing of these decisions was not otherwise accompanied by much outward show of a solemn proclamation, but was rather the end result of a gradual process that no one had foreseen, or had planned in advance.

Contents

With the instruction of 12 April 1588, the States General instructed the Council of State "to conduct and direct the affairs of the Common State, to preserve the defence and the Union of the aforementioned Lands". These were the same duties and competences given to Leicester in 1586. According to Berkhoff, the duties of the Council of State could be summarised as follows
  1. 'maintaining treaties concluded with foreign powers and, in general, maintaining good relations with neighbouring countries
  2. taking command in military matters
  3. managing the general resources of the Generality
  4. exercising the jurisdiction, usually that of the highest court, of the Generality'

However, because the instruction did not precisely delineate duties and competences, the ultimate power of the Council of State would depend on how it would cooperate with the States General. In practice, the States General would prevail and become the highest governing body in the Republic.

Interpretation

According to Groenveld & Leeuwenberg, the 1588 instruction had empowered the Council of State with "the command in war, with the administration of Union funds and with foreign affairs – precisely the three basic tasks of the Generality. Council members were also under oath from the States General and did not have the financial resources to carry out all kinds of tasks without support from the Generality. The States General, originally really only a representative body, had already taken administrative powers to themselves since the Pacification of Ghent of 1576, and convened on its own initiative, which had previously been exclusive privileges of the feudal lord. Eventually the territory of the rebellious Generality coincided with that of the Union of Utrecht; from 1588, they were permanently based at The Hague; from 1593, they met daily ; and from 1595 the number of provinces represented in the States General was fixed at seven.
Historians have long suspected that a power struggle raged between the Council of State and the States General. For instance, Thorbecke, Fruin and Colenbrander believed that 'the States General frequently infringed' on the powers of the Council. But later further historical research revealed that the two colleges worked quite well together. The Council ended up taking over mainly preparatory and executive tasks from the States General to reduce their workload.

Primary sources

  • * pp. 83—88: Treaty of Nonsuch.
  • * pp. 89–91: Placard States General of the United Provinces, conferring the government of their Countries upon the Earl of Leicester.
  • * pp. 92–97: Placard discharging the Dutch from their Oath to the Earl of Leicester..

Literature

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