Hoge Raad van Holland en Zeeland
Apex court of Holland and Zeeland, 1582–1795.
The Hoge Raad van Holland, Zeeland en West-Friesland was the apex court of the provinces of Holland and Zeeland in the Dutch Republic from 1582 to 1795. Created by the States-General, it was initially intended to serve as a supreme court for the entire Republic, but other provinces did not recognize it. The court played an important role in the formation of Roman-Dutch law, which is still a source of law in South Africa.
Quick Facts
- Established
- 1582
- Dissolved
- 1795
- Jurisdiction
- Provinces of Holland and Zeeland
Facts from the source article.
History
After the rebellious provinces of Holland and Zeeland became physically separated from the Great Council of Mechelen due to military campaigns after 1572, the lack of appeal from sentences of the Hof van Holland became a serious problem. Following the Act of Abjuration of 1581, the States-General decided in 1582 to replace the Great Council with its own supra-provincial court. Only the States of Holland accepted it initially, limiting its jurisdiction to that province. Zeeland acceded in 1587, but no other provinces joined. The court was dissolved in 1795 when the Batavian Republic overthrew the old Republic.
The Instruction of 1582
The Instructie promulgated on 31 May 1582 by William the Silent was largely based on the Ordonnance of 1559 that governed the Great Council. This text of 289 articles remained in force for the court's entire history. The first 50 articles describe jurisdiction, competence, composition, and internal procedures. Subsequent articles cover the procureur-generaal and advocaat-fiscaal, the griffier and secretaries, competence and procedure, bailiffs, procureurs and advocaten, trial procedures, and legal remedies.
Jurisdiction and competence
The court heard higher appeals from cases decided in the provincial high court and the courts of the Hoogheemraadschappen, and had original jurisdiction in certain cases such as commercial cases involving foreign merchants. Cases of reversal were reserved for the States-General, which also took politically sensitive cases like the trial of Johan van Oldenbarnevelt and Hugo Grotius. In appeals, the court had three remedies: direct appeal from a lower court decree, judicial review of an entire case, and review of cases decided by an arbiter. In original jurisdiction cases, all usual legal remedies were available. The court also had single jurisdiction over petitions for rechterlijke middelen van herstel en gunst, and acted in cases of voluntary adjudication of public instruments.
Composition
In 1582 the court had nine raadsheren and a president-raadsheer, all from Holland. When Zeeland joined in 1587, it received two of the nine councillors. In 1596 the number of councillors increased to ten, with Zeeland receiving three, and this composition remained until 1795. The griffier and deputy provided administrative support. Two first bailiffs maintained order and executed writs in The Hague. The ontvanger der exploiten collected fees and fines. These offices were filled by the Stadtholder on nomination of the States of the two provinces, except during stadtholderless periods when the provincial States filled vacancies. Two councillors held weekly audience; one councillor served as judge-commissioner in evidentiary hearings, another as rapporteur. A quorum of seven councillors was required for deliberations. Individual councillors informally mediated settlements. The procureur-generaal and advocaat-fiscaal advised the court and represented the state.
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