Part 7 (1/2)

That he pretended these soldiers ought to serve even against the States-General and against Prince Maurice.

That he wanted to prevail with the cities to make a new union.

That he held conferences with a foreign Amba.s.sador.

That he was concerned in the deputation sent to the Brille to oppose Prince Maurice.

That, on the 14th of May, 1618, he made an act with eight Deputies of cities, by virtue of which they were permitted to oppose what the States-General might do for accelerating the holding of the Synod; which act they wanted to get approved by the States of Utrecht; that he endeavoured to divert the Deputies of Utrecht from disbanding their new troops agreeable to the intention of the States of that province, by promising them a.s.sistance.

That he accused the States-General, as well as Prince Maurice, of evil designs.

That he maintained, they ought to be resisted, and the revenue and forces of the State employed against them.

That he said the disbanding the new soldiers would increase the boldness of the Disaffected, and the disorders in the State; that the ordinary troops were not sufficient; that the members of the province of Holland would abundantly succour such as did not obey the States-General; that he suffered himself to be deputed to Utrecht to offer his a.s.sistance to the States and the City; that this deputation was ordered only by a few n.o.bles, three Deputies of Cities, and some Deputies to the States of Holland, who had no instructions on that subject from their Const.i.tuents.

That his acknowledged design, and that of those deputed to Utrecht, was to engage the States to require the ordinary soldiers to obey the States of Utrecht, in prejudice of the obedience due to the States-General.

That he carried Letters of Barnevelt, which had not been read in the a.s.sembly of the States of Holland, declaring, that the soldiers ought to obey the States, and oppose whatever might be done against them.

That he had combined with Ledemberg in the measures to be taken for preventing the new soldiers from being disbanded by the States of Utrecht.

That he spoke against the States-General and against Prince Maurice in the a.s.sembly of the States of Utrecht; that he a.s.sisted the States of Utrecht in preparing their answer to Prince Maurice and the States General, by which they refused to acknowledge these Deputies as sent by the States-General, though they were in fact; that he held a conference with the Bailly of the city of Utrecht on the measures to be taken for resisting Prince Maurice if he should come to Utrecht to disband the new soldiers; and that he endeavoured to prevail with the States of Utrecht to have recourse to open force on this occasion.

That he wanted to make the ordinary garrison oppose the Deputies of the States-General when their orders were contrary to those of the States of Utrecht; threatening to stop their pay if they did otherwise.

That he advised the Bailly of Utrecht to obey only the Deputies of Holland or the States of Utrecht.

That he conferred with the said Bailly on the means of hindering Prince Maurice from introducing soldiers into Utrecht; which might have occasioned much bloodshed in the city, and put the Prince and the Republic in the greatest danger; and which gave rise to dissentions and new treaties, contrary to the union of the provinces: whence the public order in Church and State was disturbed, the finances of the State exhausted, divisions arose between the States-General and the Provinces, and the union was on the point of being broke.

For these causes the Judges appointed to try this affair, administring justice in the name of the States-General, condemn the said Hugo Grotius to perpetual imprisonment; and to be carried to the place appointed by the States-General, there to be guarded with all precaution, and confined the rest of his days; and declare his estate confiscated.

Hague, May 18, 1619.”

Grotius, who enters into an examination of this sentence, charges it with many falsities: he maintains[98] that it makes him say several things which he constantly denied: and that he never acknowledged himself guilty. What is mentioned in the sentence concerning the deputation to Utrecht, he shews to be palpably false[99]. On the 20th of July, 1618, he acquaints us, certain Deputies to the States of Holland wanted to go home; that the a.s.sembly was summoned for the 24th; that some Deputies were indeed absent that day, but the Curators of the Republic of those Cities, agreeable to the order they had received, supplied their place; that the a.s.sembly was composed of the Deputies of Harlem, Delft, Leyden, Amsterdam, Goude, Rotterdam, Alcmaer, and the n.o.bles; that the Deputies of the other cities were summoned; that their absence could not stay the proceedings of the rest; that, excepting the Deputies of Amsterdam, all the others agreed to the deputation sent to Utrecht; that it was thrice approved; and that the Deputies at their return received the thanks of the States, who defrayed the expence of their journey.

Grotius complains that he was not examined on the tenth part of the facts specified in his sentence, that his examination was not read over to him; in fine, that he was no ways reprehensible, since in all he did, he exactly followed the orders of the States of Holland, or those of the city of Rotterdam[100], as the States and the City allowed; and that if he was to be tried, it ought to be by Judges of Rotterdam, according to the privileges of that city. Hoogerbetz was also condemned to perpetual banishment. The body of Ledemberg, Secretary of the States of Utrecht, who, as hath been said, put an end to his life in gaol, was affixed in the coffin to a gibbet. Moerbergen, Counsellor of Utrecht, had only his country-house, for his prison, because, suffering himself to be moved by the tears of his wife and children, he made a kind of submission bordering on those which they wanted to draw from Hoogerbetz and Grotius.

The Judges who condemned them were so ignorant of the laws, that they decreed penalties which are only enacted against persons convicted of high treason, yet omitted mentioning in the sentence that Grotius was guilty of that crime. They were told of this irregularity, and saw they were in the wrong: to remedy it, they declared, a whole year after the trial, without rehearing the cause, that their intention was to condemn Grotius and his accomplices as guilty of high-treason; which step was the more irregular[101], as delegated judges cannot, by law, add to their sentence after it is pa.s.sed. This addition deprived Grotius's wife of the liberty of redeeming, at a moderate price, her husband's estate; a privilege which the law allows in all cases but those of treason. His estate was therefore confiscated: but by this he was no great loser. At that time he was very far from being rich: his father being alive, what properly belonged to him was only the savings of his salary and his wife's fortune.

FOOTNOTES:

[91] Hug. Grotii votum, p. 664.

[92] Apol. c. 13.

[93] Mare clausum l. 1. p. 198.

[94] Apol. c. 15.

[95] Apol. c. 13.