Life and Death of John of Barneveld Part 50

Should they pursue another and a sterner course, the envoys warned the a.s.sembly that the King would be deeply offended, deeming it thus proved how little value they set upon his advice and his friends.h.i.+p.

The States-General replied on the 19th December, a.s.suring the amba.s.sadors that the delay in the trial was in order to make the evidence of the great conspiracy complete, and would not tend to the prejudice of the prisoners "if they had a good consciousness of their innocence." They promised that the sentence upon them when p.r.o.nounced would give entire satisfaction to all their allies and to the King of France in particular, of whom they spoke throughout the doc.u.ment in terms of profound respect.

But they expressed their confidence that "his Majesty would not place the importunate and unfounded solicitations of a few particular criminals or their supporters before the general interests of the dignity and security of the Republic."

On the same day the States-General addressed a letter filled with very elaborate and courteous commonplaces to the King, in which they expressed a certainty that his Majesty would be entirely satisfied with their actions.

The official answer of the States-General to the amba.s.sadors, just cited, gave but little comfort to the friends of the imprisoned statesman and his companions. Such expressions as "ambitious and factious spirits,"--"authors and patrons of the faction,"--"attempts at novelty through changes in religion, in justice and in the fundamental laws of all orders of polity," and the frequent mention of the word "conspiracy"

boded little good.

Information of this condition of affairs was conveyed to Hoogerbeets and Grotius by means of an ingenious device of the distinguished scholar, who was then editing the Latin works of the Hague poet, Ja.n.u.s Secundus.

While the sheets were going through the press, some of the verses were left out, and their place supplied by others conveying the intelligence which it was desired to send to the prisoners. The pages which contained the secret were st.i.tched together in such wise that in cutting the book open they were not touched but remained closed. The verses were to this effect. "The examination of the Advocate proceeds slowly, but there is good hope from the serious indignation of the French king, whose envoys are devoted to the cause of the prisoners, and have been informed that justice will be soon rendered. The States of Holland are to a.s.semble on the 15th January, at which a decision will certainly be taken for appointing judges. The preachers here at Leyden are despised, and men are speaking strongly of war. The tumult which lately occurred at Rotterdam may bring forth some good."

The quick-wited Grotius instantly discovered the device, read the intelligence thus communicated in the proofsheets of Secundus, and made use of the system to obtain further intelligence.

Hoogerbeets laid the book aside, not taking much interest at that time in the works of the Hague poet. Constant efforts made to attract his attention to those poems however excited suspicion among his keepers, and the scheme was discovered before the Leyden pensionary had found the means to profit by it.'

The allusions to the trial of the Advocate referred to the preliminary examination which took place, like the first interrogatories of Grotius and Hoogerbeets, in the months of November and December.

The thorough manner in which Maurice had reformed the States of Holland has been described. There was one department of that body however which still required attention. The Order of Knights, small in number but potential in influence, which always voted first on great occasions, was still through a majority of its members inclined to Barneveld. Both his sons-in-law had seats in that college. The Stadholder had long believed in a spirit of hostility on the part of those n.o.bles towards himself. He knew that a short time before this epoch there had been a scheme for introducing his young brother, Frederic Henry, into the Chamber of Knights. The Count had become proprietor of the barony of Naaldwyk, a property which he had purchased of the Counts of Arenberg, and which carried with it the hereditary dignity of Great Equerry of the Counts of Holland. As the Counts of Holland had ceased to exist, although their sovereignty had nearly been revived and conferred upon William the Silent, the office of their chief of the stables might be deemed a sinecure. But the jealousy of Maurice was easily awakened, especially by any movement made or favoured by the Advocate. He believed that in the election of Frederic Henry as a member of the College of Knights a plan lay concealed to thrust him into power and to push this elder brother from his place. The scheme, if scheme it were, was never accomplished, but the Prince's rancour remained.

He now informed the n.o.bles that they must receive into their body Francis Aerssens, who had lately purchased the barony of Sommelsdyk, and Daniel de Hartaing, Seignior of Marquette. With the presence of this deadly enemy of Barneveld and another gentleman equally devoted to the Stadholder's interest it seemed probable that the refractory majority of the board of n.o.bles would be overcome. But there were grave objections to the admission of these new candidates. They were not eligible. The const.i.tution of the States and of the college of n.o.bles prescribed that Hollanders only of ancient and n.o.ble race and possessing estates in the province could sit in that body. Neither Aerssens nor Hartaing was born in Holland or possessed of the other needful qualifications.

Nevertheless, the Prince, who had just remodelled all the munic.i.p.alities throughout the Union which offered resistance to his authority, was not to be checked by so trifling an impediment as the statutes of the House of n.o.bles. He employed very much the same arguments which he had used to "good papa" Hooft. "This time it must be so." Another time it might not be necessary. So after a controversy which ended as controversies are apt to do when one party has a sword in his hand and the other is seated at a green-baize-covered table, Sommelsdyk and Marquette took their seats among the knights. Of course there was a spirited protest. Nothing was easier for the Stadholder than to concede the principle while trampling it with his boot-heels in practice.

"Whereas it is not competent for the said two gentlemen to be admitted to our board," said the n.o.bles in brief, "as not being const.i.tutionally eligible, nevertheless, considering the strong desire of his Excellency the Prince of Orange, we, the n.o.bles and knights of Holland, admit them with the firm promise to each other by n.o.ble and knightly faith ever in future for ourselves and descendants to maintain the privileges of our order now violated and never again to let them be directly or indirectly infringed."

And so Aerssens, the unscrupulous plotter, and dire foe of the Advocate and all his house, burning with bitter revenge for all the favours he had received from him during many years, and the author of the venomous pamphlets and diatribes which had done so much of late to blacken the character of the great statesman before the public, now a.s.sociated himself officially with his other enemies, while the preliminary proceedings for the state trials went forward.

Meantime the Synod had met at Dordtrecht. The great John Bogerman, with fierce, handsome face, beak and eye of a bird of prey, and a deluge of curly brown beard reaching to his waist, took his seat as president.

Short work was made with the Armenians. They and their five Points were soon thrust out into outer darkness.

It was established beyond all gainsaying that two forms of Divine wors.h.i.+p in one country were forbidden by G.o.d's Word, and that thenceforth by Netherland law there could be but one religion, namely, the Reformed or Calvinistic creed.

It was settled that one portion of the Netherlanders and of the rest of the human race had been expressly created by the Deity to be for ever d.a.m.ned, and another portion to be eternally blessed. But this history has little to do with that infallible council save in the political effect of its decrees on the fate of Barneveld. It was said that the canons of Dordtrecht were likely to shoot off the head of the Advocate. Their sessions and the trial of the Advocate were simultaneous, but not technically related to each other.

The conclusions of both courts were preordained, for the issue of the great duel between Priesthood and State had been decided when the military chieftain threw his sword into the scale of the Church.

There had been purposely a delay, before coming to a decision as to the fate of the state prisoners, until the work of the Synod should have approached completion.

It was thought good that the condemnation of the opinions of the Arminians and the chastis.e.m.e.nt of their leaders should go hand-in-hand.

On the 23rd April 1619, the canons were signed by all the members of the Synod. Arminians were p.r.o.nounced heretics, schismatics, teachers of false doctrines. They were declared incapable of filling any clerical or academical post. No man thenceforth was to teach children, lecture to adolescents, or preach to the mature, unless a subscriber to the doctrines of the unchanged, unchangeable, orthodox church. On the 30th April and 1st May the Netherland Confession and the Heidelberg Catechism were declared to be infallible. No change was to be possible in either formulary.

Schools and pulpits were inexorably bound to the only true religion.

On the 6th May there was a great festival at Dordtrecht in honour of the conclusion of the Synod. The canons, the sentence, and long prayers and orations in Latin by President Bogerman gladdened the souls of an immense mult.i.tude, which were further enlivened by the decree that both Creed and Catechism had stood the test of several criticisms and come out unchanged by a single hair. Nor did the orator of the occasion forget to render thanks "to the most magnanimous King James of Great Britain, through whose G.o.dly zeal, fiery sympathy, and truly royal labour G.o.d had so often refreshed the weary Synod in the midst of their toil."

The Synod held one hundred and eighty sessions between the 13th November 1618 and 29th May 1619, all the doings of which have been recorded in chronicles innumerable. There need be no further mention of them here.

Barneveld and the companions of his fate remained in prison.

On the 7th March the trial of the great Advocate began. He had sat in prison since the 18th of the preceding August. For nearly seven months he had been deprived of all communication with the outward world save such atoms of intelligence as could be secretly conveyed to him in the inside of a quill concealed in a pear and by other devices. The man who had governed one of the most important commonwealths of the world for nearly a generation long--during the same period almost controlling the politics of Europe--had now been kept in ignorance of the most insignificant everyday events. During the long summer-heat of the dog-days immediately succeeding his arrest, and the long, foggy, snowy, icy winter of Holland which ensued, he had been confined in that dreary garret-room to which he had been brought when he left his temporary imprisonment in the apartments of Prince Maurice.

There was nothing squalid in the chamber, nothing specially cruel or repulsive in the arrangements of his captivity. He was not in fetters, nor fed upon bread and water. He was not put upon the rack, nor even threatened with it as Ledenberg had been. He was kept in a mean, commonplace, meagerly furnished, tolerably s.p.a.cious room, and he was allowed the services of his faithful domestic servant John Franken. A sentinel paced day and night up the narrow corridor before his door. As spring advanced, the notes of the nightingale came through the prison-window from the neighbouring thicket. One day John Franken, opening the window that his master might the better enjoy its song, exchanged greeting with a fellow-servant in the Barneveld mansion who happened to be crossing the courtyard. Instantly workmen were sent to close and barricade the windows, and it was only after earnest remonstrances and pledges that this resolve to consign the Advocate to darkness was abandoned.

He was not permitted the help of lawyer, clerk, or man of business. Alone and from his chamber of bondage, suffering from bodily infirmities and from the weakness of advancing age, he was compelled to prepare his defence against a vague, heterogeneous collection of charges, to meet which required constant reference, not only to the statutes, privileges, and customs of the country and to the Roman law, but to a thousand minute incidents out of which the history of the Provinces during the past dozen years or more had been compounded.

It is true that no man could be more familiar with the science and practice of the law than he was, while of contemporary history he was himself the central figure. His biography was the chronicle of his country. Nevertheless it was a fearful disadvantage for him day by day to confront two dozen hostile judges comfortably seated at a great table piled with papers, surrounded by clerks with bags full of doc.u.ments and with a library of authorities and precedents duly marked and dog's-eared and ready to their hands, while his only library and chronicle lay in his brain. From day to day, with frequent intermissions, he was led down through the narrow turret-stairs to a wide chamber on the floor immediately below his prison, where a temporary tribunal had been arranged for the special commission.

There had been an inclination at first on the part of his judges to treat him as a criminal, and to require him to answer, standing, to the interrogatories propounded to him. But as the terrible old man advanced into the room, leaning on his staff, and surveying them with the air of haughty command habitual to him, they shrank before his glance; several involuntarily, rising uncovered, to salute him and making way for him to the fireplace about which many were standing that wintry morning.

He was thenceforth always accommodated with a seat while he listened to and answered 'ex tempore' the elaborate series of interrogatories which had been prepared to convict him.

Nearly seven months he had sat with no charges brought against him. This was in itself a gross violation of the laws of the land, for according to all the ancient charters of Holland it was provided that accusation should follow within six weeks of arrest, or that the prisoner should go free. But the arrest itself was so gross a violation of law that respect for it was hardly to be expected in the subsequent proceedings. He was a great officer of the States of Holland. He had been taken under their especial protection. He was on his way to the High Council. He was in no sense a subject of the States-General. He was in the discharge of his official duty. He was doubly and trebly sacred from arrest. The place where he stood was on the territory of Holland and in the very sanctuary of her courts and House of a.s.sembly. The States-General were only as guests on her soil, and had no domain or jurisdiction there whatever. He was not apprehended by any warrant or form of law. It was in time of peace, and there was no pretence of martial law. The highest civil functionary of Holland was invited in the name of its first military officer to a conference, and thus entrapped was forcibly imprisoned.

At last a board of twenty-four commissioners was created, twelve from Holland and two from each of the other six provinces. This affectation of concession to Holland was ridiculous. Either the law 'de non evocando'--according to which no citizen of Holland could be taken out of the province for trial--was to be respected or it was to be trampled upon. If it was to be trampled upon, it signified little whether more commissioners were to be taken from Holland than from each of the other provinces, or fewer, or none at all. Moreover it was pretended that a majority of the whole board was to be a.s.signed to that province. But twelve is not a majority of twenty-four. There were three fascals or prosecuting officers, Leeuwen of Utrecht, Sylla of Gelderland, and Antony Duyck of Holland. Duyck was notoriously the deadly enemy of Barneveld, and was destined to succeed to his offices. It would have been as well to select Francis Aerssens himself.

It was necessary to appoint a commission because there was no tribunal appertaining to the States-General. The general government of the confederacy had no power to deal with an individual. It could only negotiate with the sovereign province to which the individual was responsible, and demand his punishment if proved guilty of an offence.

There was no supreme court of appeal. Machinery was provided for settling or attempting to settle disputes among the members of the confederacy, and if there was a culprit in this great process it was Holland itself.

Neither the Advocate nor any one of his a.s.sociates had done any act except by authority, express or implied, of that sovereign State.

Supposing them unquestionably guilty of blackest crimes against the Generality, the dilemma was there which must always exist by the very nature of things in a confederacy. No sovereign can try a fellow sovereign. The subject can be tried at home by no sovereign but his own.

The accused in this case were amenable to the laws of Holland only.

It was a packed tribunal. Several of the commissioners, like Pauw and Muis for example, were personal enemies of Barneveld. Many of them were totally ignorant of law. Some of them knew not a word of any language but their mother tongue, although much of the law which they were to administer was written in Latin.

Before such a court the foremost citizen of the Netherlands, the first living statesman of Europe, was brought day by day during a period of nearly three months; coming down stairs from the mean and desolate room where he was confined to the comfortable apartment below, which had been fitted up for the commission.

There was no bill of indictment, no arraignment, no counsel. There were no witnesses and no arguments. The court-room contained, as it were, only a prejudiced and partial jury to p.r.o.nounce both on law and fact without a judge to direct them, or advocates to sift testimony and contend for or against the prisoner's guilt. The process, for it could not be called a trial, consisted of a vast series of rambling and tangled interrogatories reaching over a s.p.a.ce of forty years without apparent connection or relevancy, skipping fantastically about from one period to another, back and forthwith apparently no other intent than to puzzle the prisoner, throw him off his balance, and lead him into self-contradiction.

The spectacle was not a refres.h.i.+ng one. It was the attempt of a mult.i.tude of pigmies to overthrow and bind the giant.

Barneveld was served with no articles of impeachment. He asked for a list in writing of the charges against him, that he might ponder his answer.

The demand was refused. He was forbidden the use of pen and ink or any writing materials. His papers and books were all taken from him.

He was allowed to consult neither with an advocate nor even with a single friend. Alone in his chamber of bondage he was to meditate on his defence. Out of his memory and brain, and from these alone, he was to supply himself with the array of historical facts stretching over a longer period than the lifetime of many of his judges, and with the proper legal and historical arguments upon those facts for the justification of his course. That memory and brain were capacious and powerful enough for the task. It was well for the judges that they had bound themselves, at the outset, by an oath never to make known what pa.s.sed in the courtroom, but to bury all the proceedings in profound secrecy forever. Had it been otherwise, had that been known to the contemporary public which has only been revealed more than two centuries later, had a portion only of the calm and austere eloquence been heard in which the Advocate set forth his defence, had the frivolous and ign.o.ble nature of the attack been comprehended, it might have moved the very stones in the streets to mutiny. Hateful as the statesman had been made by an organized system of calumny, which was continued with unabated vigour and increased venom sine he had been imprisoned, there was enough of justice and of grat.i.tude left in the hearts of Netherlanders to resent the tyranny practised against their greatest man, and the obloquy thus brought against a nation always devoted to their liberties and laws.

That the political system of the country was miserably defective was no fault of Barneveld. He was bound by oath and duty to administer, not make the laws. A handful of petty feudal sovereignties such as had once covered the soil of Europe, a mult.i.tude of thriving cities which had wrested or purchased a ma.s.s of liberties, customs, and laws from their little tyrants, all subjected afterwards, without being blended together, to a single foreign family, had at last one by one, or two by two, shaken off that supremacy, and, resuming their ancient and as it were decapitated individualities, had bound themselves by treaty in the midst of a war to stand by each other, as if they were but one province, for purposes of common defence against the common foe.

There had been no pretence of laying down a const.i.tution, of enacting an organic law. The day had not come for even the conception of a popular const.i.tution. The people had not been invented. It was not provinces only, but cities, that had contracted with each other, according to the very first words of the first Article of Union. Some of these cities, like Ghent, Bruges, Antwerp, were Catholic by overwhelming majority, and had subsequently either fallen away from the confederacy or been conquered.

And as if to make a.s.surance doubly sure, the Articles of Union not only reserved to each province all powers not absolutely essential for carrying on the war in common, but by an express article (the 13th), declared that Holland and Zealand should regulate the matter of religion according to their own discretion, while the other provinces might conform to the provisions of the "Religious Peace" which included mutual protection for Catholics and Protestants--or take such other order as seemed most conducive to the religious and secular rights of the inhabitants. It was stipulated that no province should interfere with another in such matters, and that every individual in them all should remain free in his religion, no man being molested or examined on account of his creed. A farther declaration in regard to this famous article was made to the effect that no provinces or cities which held to the Roman Catholic religion were to be excluded from the League of Union if they were ready to conform to its conditions and comport themselves patriotically. Language could not be devised to declare more plainly than was done by this treaty that the central government of the League had neither wish nor right to concern itself with the religious affairs of the separate cities or provinces. If it permitted both Papists and Protestants to a.s.sociate themselves against the common foe, it could hardly have been imagined, when the Articles were drawn, that it would have claimed the exclusive right to define the minutest points in a single Protestant creed.

And if the exclusively secular parts of the polity prevailing in the country were clumsy, irregular, and even monstrous, and if its defects had been flagrantly demonstrated by recent events, a more reasonable method of reforming the laws might have been found than the imprisonment of a man who had faithfully administered them forty years long.

A great commonwealth had grown out of a petty feudal organism, like an oak from an acorn in a crevice, gnarled and distorted, though wide-spreading and vigorous. It seemed perilous to deal radically with such a polity, and an almost timid conservatism on the part of its guardians in such an age of tempests might be pardonable.

Moreover, as before remarked, the apparent imbecility resulting from confederacy and munic.i.p.alism combined was for a season remedied by the actual preponderance of Holland. Two-thirds of the total wealth and strength of the seven republics being concentrated in one province, the desired union seemed almost gained by the practical solution of all in that single republic. But this was one great cause of the general disaster.