The articles which were laid down as the basis upon which the Archduke was to be accepted; composed an ample representative constitution, by which all the legislative and many of the executive powers of government were bestowed upon the states-general or upon the council by them to be elected. To avoid remaining in the condition of a people thus left without a head, the states declared themselves willing to accept Matthias as Governor-General, on condition of the King’s subsequent approbation, and upon the general basis of the Ghent treaty. The Archduke, moreover, was to take an oath of allegiance to the King and to the states-general at the same time. He was to govern the land by the advice of a state council, the members of which were to be appointed by the states-general, and were “to be native Netherlanders, true patriots; and neither ambitious nor greedy.” In all matters discussed before the state council, a majority of votes was to decide. The Governor-General, with his Council of State, should conclude nothing concerning the common affairs of the nation—such as requests, loans, treaties of peace or declarations of war, alliances or confederacies with foreign nations—without the consent of the states-general. He was to issue no edict or ordinance, and introduce no law, without the consent of the same body duly assembled, and representing each individual province. A majority of the members was declared necessary to a quorum of the council. All acts and despatches were to be drawn up by a member of the board. The states-general were to assemble when, where, and as often as, and remain in session as long as, they might think it expedient. At the request of any individual province, concerning matters about which a convention of the generality was customary, the other states should be bound to assemble without waiting for directions from the Governor-General. The estates of each particular province were to assemble at their pleasure. The governor and council, with advice of the states-general, were to appoint all the principal military officers. Troops were to be enrolled and garrisons established by and with the consent of the states. Governors of provinces were to be appointed by the Governor-General, with advice of his council, and with the consent of the estates of the province interested. All military affairs were to be conducted during war by the governor, with advice of his council, while the estates were to have absolute control over the levying and expenditure of the common funds of the country.
It is sufficiently plain from this brief summary, that the powers thus conferred upon Matthias alone, were absolutely null, while those which he might exercise in conjunction with the state council, were not much more extensive. The actual force of the government—legislative, executive, and, administrative—was lodged in the general assembly, while no authority was left to the King, except the nominal right to approve these