Life and Death of John of Barneveld Part 51

It would be a thankless and tedious task to wander through the wilderness of interrogatories and answers extending over three months of time, which stood in the place of a trial. The defence of Barneveld was his own history, and that I have attempted to give in the preceding pages. A great part of the accusation was deduced from his private and official correspondence, and it is for this reason that I have laid such copious extracts from it before the reader. No man except the judges and the States-General had access to those letters, and it was easy therefore, if needful, to give them a false colouring. It is only very recently that they have been seen at all, and they have never been published from that day to this.

Out of the confused ma.s.s of doc.u.ments appertaining to the trial, a few generalizations can be made which show the nature of the attack upon him.

He was accused of having permitted Arminius to infuse new opinions into the University of Leyden, and of having subsequently defended the appointment of Vorstius to the same place. He had opposed the National Synod. He had made drafts of letters for the King of Great Britain to sign, recommending mutual toleration on the five disputed points regarding predestination. He was the author of the famous Sharp Resolution. He had recommended the enlistment by the provinces and towns of Waartgelders or mercenaries. He had maintained that those mercenaries as well as the regular troops were bound in time of peace to be obedient and faithful, not only to the Generality and the stadholders, but to the magistrates of the cities and provinces where they were employed, and to the states by whom they were paid. He had sent to Leyden, warning the authorities of the approach of the Prince. He had encouraged all the proceedings at Utrecht, writing a letter to the secretary of that province advising a watch to be kept at the city gates as well as in the river, and ordering his letter when read to be burned. He had received presents from foreign potentates. He had attempted to damage the character of his Excellency the Prince by declaring on various occasions that he aspired to the sovereignty of the country. He had held a ciphered correspondence on the subject with foreign ministers of the Republic. He had given great offence to the King of Great Britain by soliciting from him other letters in the sense of those which his Majesty had written in 1613, advising moderation and mutual toleration. He had not brought to condign punishment the author of 'The Balance', a pamphlet in which an oration of the English amba.s.sador had been criticised, and aspersions made on the Order of the Garter. He had opposed the formation of the West India Company. He had said many years before to Nicolas van Berk that the Provinces had better return to the dominion of Spain. And in general, all his proceedings had tended to put the Provinces into a "blood bath."

There was however no accusation that he had received bribes from the enemy or held traitorous communication with him, or that he had committed any act of high-treason.

His private letters to Caron and to the amba.s.sadors in Paris, with which the reader has been made familiar, had thus been ransacked to find treasonable matter, but the result was meagre in spite of the minute and microscopic a.n.a.lysis inst.i.tuted to detect traces of poison in them.

But the most subtle and far-reaching research into past transactions was due to the Greffier Cornelis Aerssens, father of the Amba.s.sador Francis, and to a certain Nicolas van Berk, Burgomaster of Utrecht.

The process of tale-bearing, hearsay evidence, gossip, and invention went back a dozen years, even to the preliminary and secret conferences in regard to the Treaty of Truce.

Readers familiar with the history of those memorable negotiations are aware that Cornelis van Aerssens had compromised himself by accepting a valuable diamond and a bill of exchange drawn by Marquis Spinola on a merchant in Amsterdam, Henry Beekman by name, for 80,000 ducats. These were handed by Father Neyen, the secret agent of the Spanish government, to the Greffier as a prospective reward for his services in furthering the Truce. He did not reject them, but he informed Prince Maurice and the Advocate of the transaction. Both diamond and bill of exchange were subsequently deposited in the hands of the treasurer of the States-General, Joris de Bie, the a.s.sembly being made officially acquainted with the whole course of the affair.

It is pa.s.sing strange that this somewhat tortuous business, which certainly cast a shade upon the fair fame of the elder Aerssens, and required him to publish as good a defence as he could against the consequent scandal, should have furnished a weapon wherewith to strike at the Advocate of Holland some dozen years later.

But so it was. Krauwels, a relative of Aerssens, through whom Father Neyen had first obtained access to the Greffier, had stated, so it seemed, that the monk had, in addition to the bill, handed to him another draft of Spinola's for 100,000 ducats, to be given to a person of more consideration than Aerssens. Krauwels did not know who the person was, nor whether he took the money. He expressed his surprise however that leading persons in the government "even old and authentic beggars"--should allow themselves to be so seduced as to accept presents from the enemy. He mentioned two such persons, namely, a burgomaster at Delft and a burgomaster at Haarlem. Aerssens now deposed that he had informed the Advocate of this story, who had said, "Be quiet about it, I will have it investigated," and some days afterwards on being questioned stated that he had made enquiry and found there was something in it.

So the fact that Cornelis Aerssens had taken bribes, and that two burgomasters were strongly suspected by Aerssens of having taken bribes, seems to have been considered as evidence that Barneveld had taken a bribe. It is true that Aerssens by advice of Maurice and Barneveld had made a clean breast of it to the States-General and had given them over the presents. But the States-General could neither wear the diamond nor cash the bill of exchange, and it would have been better for the Greffier not to contaminate his fingers with them, but to leave the gifts in the monk's palm. His revenge against the Advocate for helping him out of his dilemma, and for subsequently advancing his son Francis in a brilliant diplomatic career, seems to have been--when the clouds were thickening and every man's hand was against the fallen statesman--to insinuate that he was the anonymous personage who had accepted the apocryphal draft for 100,000 ducats.

The case is a pregnant example of the proceedings employed to destroy the Advocate.

The testimony of Nicolas van Berk was at any rate more direct.

On the 21st December 1618 the burgomaster testified that the Advocate had once declared to him that the differences in regard to Divine Wors.h.i.+p were not so great but that they might be easily composed; asking him at the same time "whether it would not be better that we should submit ourselves again to the King of Spain." Barneveld had also referred, so said van Berk, to the conduct of the Spanish king towards those who had helped him to the kingdom of Portugal. The Burgomaster was unable however to specify the date, year, or month in which the Advocate had held this language. He remembered only that the conversation occurred when Barneveld was living on the Spui at the Hague, and that having been let into the house through the hall on the side of the vestibule, he had been conducted by the Advocate down a small staircase into the office.

The only fact proved by the details seems to be that the story had lodged in the tenacious memory of the Burgomaster for eight years, as Barneveld had removed from the Spui to Arenberg House in the Voorhout in the year 1611.

No other offers from the King of Spain or the Archdukes had ever been made to him, said van Berk, than those indicated in this deposition against the Advocate as coming from that statesman. Nor had Barneveld ever spoken to him upon such subjects except on that one occasion.

It is not necessary and would be wearisome to follow the unfortunate statesman through the long line of defence which he was obliged to make, in fragmentary and irregular form, against these discursive and confused a.s.saults upon him. A continuous argument might be built up with the isolated parts which should be altogether impregnable. It is superfluous.

Always instructive to his judges as he swept at will through the record of nearly half a century of momentous European history, in which he was himself a conspicuous figure, or expounding the ancient laws and customs of the country with a wealth and accuracy of ill.u.s.tration which testified to the strength of his memory, he seemed rather like a sage expounding law and history to a cla.s.s of pupils than a criminal defending himself before a bench of commissioners. Moved occasionally from his austere simplicity, the majestic old man rose to a strain of indignant eloquence which might have shaken the hall of a vast a.s.sembly and found echo in the hearts of a thousand hearers as he denounced their petty insults or ign.o.ble insinuations; glaring like a caged lion at his tormentors, who had often shrunk before him when free, and now attempted to drown his voice by contradictions, interruptions, threats, and unmeaning howls.

He protested, from the outset and throughout the proceedings, against the jurisdiction of the tribunal. The Treaty of Union on which the a.s.sembly and States-General were founded gave that a.s.sembly no power over him.

They could take no legal cognizance of his person or his acts. He had been deprived of writing materials, or he would have already drawn up his solemn protest and argument against the existence of the commission. He demanded that they should be provided for him, together with a clerk to engross his defence. It is needless to say that the demand was refused.

It was notorious to all men, he said, that on the day when violent hands were laid upon him he was not bound to the States-General by oath, allegiance, or commission. He was a well-known inhabitant of the Hague, a householder there, a va.s.sal of the Commonwealth of Holland, enfeoffed of many notable estates in that country, serving many honourable offices by commission from its government. By birth, promotion, and conferred dignities he was subject to the supreme authority of Holland, which for forty years had been a free state possessed of all the attributes of sovereignty, political, religious, judicial, and recognizing no superior save G.o.d Almighty alone.

He was amenable to no tribunal save that of their Mightinesses the States of Holland and their ordinary judges. Not only those States but the Prince of Orange as their governor and va.s.sal, the n.o.bles of Holland, the colleges of justice, the regents of cities, and all other va.s.sals, magistrates, and officers were by their respective oaths bound to maintain and protect him in these his rights.

After fortifying this position by legal argument and by an array of historical facts within his own experience, and alluding to the repeated instances in which, sorely against his will, he had been solicited and almost compelled to remain in offices of which he was weary, he referred with dignity to the record of his past life. From the youthful days when he had served as a volunteer at his own expense in the perilous sieges of Haarlem and Leyden down to the time of his arrest, through an unbroken course of honourable and most arduous political services, emba.s.sies, and great negotiations, he had ever maintained the laws and liberties of the Fatherland and his own honour unstained.

That he should now in his seventy-second year be dragged, in violation of every privilege and statute of the country, by extraordinary means, before unknown judges, was a grave matter not for himself alone but for their Mightinesses the States of Holland and for the other provinces. The precious right 'de non evocando' had ever been dear to all the provinces, cities, and inhabitants of the Netherlands. It was the most vital privilege in their possession as well in civil as criminal, in secular as in ecclesiastical affairs.

When the King of Spain in 1567, and afterwards, set up an extraordinary tribunal and a course of extraordinary trials, it was an undeniable fact, he said, that on the solemn complaint of the States all princes, n.o.bles, and citizens not only in the Netherlands but in foreign countries, and all foreign kings and sovereigns, held those outrages to be the foremost and fundamental reason for taking up arms against that king, and declaring him to have forfeited his right of sovereignty.

Yet that monarch was unquestionably the born and accepted sovereign of each one of the provinces, while the General a.s.sembly was but a gathering of confederates and allies, in no sense sovereign. It was an unimaginable thing, he said, that the States of each province should allow their whole authority and right of sovereignty to be transferred to a board of commissioners like this before which he stood. If, for example, a general union of France, England, and the States of the United Netherlands should be formed (and the very words of the Act of Union contemplated such possibility), what greater absurdity could there be than to suppose that a college of administration created for the specific purposes of such union would be competent to perform acts of sovereignty within each of those countries in matters of justice, polity, and religion?

It was known to mankind, he said, that when negotiations were entered into for bestowing the sovereignty of the Provinces on France and on England, special and full powers were required from, and furnished by, the States of each individual province.

Had the sovereignty been in the a.s.sembly of the States-General, they might have transferred it of their own motion or kept it for themselves.

Even in the ordinary course of affairs the commissioners from each province to the General a.s.sembly always required a special power from their const.i.tuents before deciding any matter of great importance.

In regard to the defence of the respective provinces and cities, he had never heard it doubted, he said, that the states or the magistrates of cities had full right to provide for it by arming a portion of their own inhabitants or by enlisting paid troops. The sovereign counts of Holland and bishops of Utrecht certainly possessed and exercised that right for many hundred years, and by necessary tradition it pa.s.sed to the states succeeding to their ancient sovereignty. He then gave from the stores of his memory innumerable instances in which soldiers had been enlisted by provinces and cities all over the Netherlands from the time of the abjuration of Spain down to that moment. Through the whole period of independence in the time of Anjou, Matthias, Leicester, as well as under the actual government, it had been the invariable custom thus to provide both by land and sea and on the rivers against robbers, rebels, pirates, mischief-makers, a.s.sailing thieves, domestic or foreign. It had been done by the immortal William the Silent on many memorable occasions, and in fact the custom was so notorious that soldiers so enlisted were known by different and peculiar nicknames in the different provinces and towns.

That the central government had no right to meddle with religious matters was almost too self-evident an axiom to prove. Indeed the chief difficulty under which the Advocate laboured throughout this whole process was the monstrous a.s.sumption by his judges of a political and judicial system which never had any existence even in imagination. The profound secrecy which enwrapped the proceedings from that day almost to our own and an ignorant acquiescence of a considerable portion of the public in accomplished facts offer the only explanation of a mystery which must ever excite our wonder. If there were any impeachment at all, it was an impeachment of the form of government itself. If language could mean anything whatever, a mere perusal of the Articles of Union proved that the prisoner had never violated that fundamental pact. How could the general government prescribe an especial formulary for the Reformed Church, and declare opposition to its decrees treasonable, when it did not prohibit, but absolutely admitted and invited, provinces and cities exclusively Catholic to enter the Union, guaranteeing to them entire liberty of religion?

Barneveld recalled the fact that when the stadholders.h.i.+p of Utrecht thirty years before had been conferred on Prince Maurice the States of that province had solemnly reserved for themselves the disposition over religious matters in conformity with the Union, and that Maurice had sworn to support that resolution.

Five years later the Prince had himself a.s.sured a deputation from Brabant that the States of each province were supreme in religious matters, no interference the one with the other being justifiable or possible. In 1602 the States General in letters addressed to the States of the obedient provinces under dominion of the Archdukes had invited them to take up arms to help drive the Spaniards from the Provinces and to join the Confederacy, a.s.suring them that they should regulate the matter of religion at their good pleasure, and that no one else should be allowed to interfere therewith.

The Advocate then went into an historical and critical disquisition, into which we certainly have no need to follow him, rapidly examining the whole subject of predestination and conditional and unconditional d.a.m.nation from the days of St. Augustine downward, showing a thorough familiarity with a subject of theology which then made up so much of the daily business of life, political and private, and lay at the bottom of the terrible convulsion then existing in the Netherlands. We turn from it with a shudder, reminding the reader only how persistently the statesman then on his trial had advocated conciliation, moderation, and kindness between brethren of the Reformed Church who were not able to think alike on one of the subtlest and most mysterious problems that casuistry has ever propounded.

For fifty years, he said, he had been an enemy of all compulsion of the human conscience. He had always opposed rigorous ecclesiastical decrees.

He had done his best to further, and did not deny having inspired, the advice given in the famous letters from the King of Great Britain to the States in 1613, that there should be mutual toleration and abstinence from discussion of disputed doctrines, neither of them essential to salvation. He thought that neither Calvin nor Beza would have opposed freedom of opinion on those points. For himself he believed that the salvation of mankind would be through G.o.d's unmerited grace and the redemption of sins though the Saviour, and that the man who so held and persevered to the end was predestined to eternal happiness, and that his children dying before the age of reason were destined not to h.e.l.l but to Heaven. He had thought fifty years long that the pa.s.sion and sacrifice of Christ the Saviour were more potent to salvation than G.o.d's wrath and the sin of Adam and Eve to d.a.m.nation. He had done his best practically to avert personal bickerings among the clergy. He had been, so far as lay in his power, as friendly to Remonstrants as to Contra-Remonstrants, to Polyander and Festus Hommius as to Uytenbogaert and Episcopius. He had almost finished a negotiation with Councillor Kromhout for the peaceable delivery of the Cloister Church on the Thursday preceding the Sunday on which it had been forcibly seized by the Contra-Remonstrants.

When asked by one of his judges how he presumed to hope for toleration between two parties, each of which abhorred the other's opinions, and likened each other to Turks and devil-wors.h.i.+ppers, he replied that he had always detested and rebuked those mutual revilings by every means in his power, and would have wished to put down such calumniators of either persuasion by the civil authority, but the iniquity of the times and the exasperation of men's humours had prevented him.

Being perpetually goaded by one judge after another as to his disrespectful conduct towards the King of Great Britain, and asked why his Majesty had not as good right to give the advice of 1617 as the recommendation of tolerance in 1613, he scrupulously abstained, as he had done in all his letters, from saying a disrespectful word as to the glaring inconsistency between the two communications, or to the hostility manifested towards himself personally by the British amba.s.sador. He had always expressed the hope, he said, that the King would adhere to his original position, but did not dispute his right to change his mind, nor the good faith which had inspired his later letters. It had been his object, if possible, to reconcile the two different systems recommended by his Majesty into one harmonious whole.

His whole aim had been to preserve the public peace as it was the duty of every magistrate, especially in times of such excitement, to do. He could never comprehend why the toleration of the Five Points should be a danger to the Reformed religion. Rather, he thought, it would strengthen the Church and attract many Lutherans, Baptists, Catholics, and other good patriots into its pale. He had always opposed the compulsory acceptance by the people of the special opinions of scribes and doctors. He did not consider, he said, the difference in doctrine on this disputed point between the Contra-Remonstrants and Remonstrants as one-tenth the value of the civil authority and its right to make laws and ordinances regulating ecclesiastical affairs.

He believed the great bulwark of the independence of the country to be the Reformed Church, and his efforts had ever been to strengthen that bulwark by preventing the unnecessary schism which might prove its ruin.

Many questions of property, too, were involved in the question--the church buildings, lands and pastures belonging to the Counts of Holland and their successors--the States having always exercised the right of church patronage--'jus patronatus'--a privilege which, as well as inherited or purchased advowsons, had been of late flagrantly interfered with.

He was asked if he had not said that it had never been the intention of the States-General to carry on the war for this or that religion.

He replied that he had told certain clergymen expressing to him their opinion that the war had been waged solely for the furtherance of their especial shade of belief, that in his view the war had been undertaken for the conservation of the liberties and laws of the land, and of its good people. Of that freedom the first and foremost point was the true Christian religion and liberty of conscience and opinion. There must be religion in the Republic, he had said, but that the war was carried on to sustain the opinion of one doctor of divinity or another on--differential points was something he had never heard of and could never believe. The good citizens of the country had as much right to hold by Melancthon as by Calvin or Beza. He knew that the first proclamations in regard to the war declared it to be undertaken for freedom of conscience, and so to his, own knowledge it had been always carried on.

He was asked if he had not promised during the Truce negotiations so to direct matters that the Catholics with time might obtain public exercise of their religion.

He replied that this was a notorious falsehood and calumny, adding that it ill accorded with the proclamation against the Jesuits drawn up by himself some years after the Truce. He furthermore stated that it was chiefly by his direction that the discourse of President Jeannin--urging on part of the French king that liberty of wors.h.i.+p might be granted to the Papists--was kept secret, copies of it not having been furnished even to the commissioners of the Provinces.

His indignant denial of this charge, especially taken in connection with his repeated a.s.sertions during the trial, that among the most patriotic Netherlanders during and since the war were many adherents of the ancient church, seems marvellously in contradiction with his frequent and most earnest pleas for liberty of conscience. But it did not appear contradictory even to his judges nor to any contemporary. His position had always been that the civil authority of each province was supreme in all matters political or ecclesiastical. The States-General, all the provinces uniting in the vote, had invited the Catholic provinces on more than one occasion to join the Union, promising that there should be no interference on the part of any states or individuals with the internal affairs religious or otherwise of the provinces accepting the invitation.

But it would have been a gross contradiction of his own principle if he had promised so to direct matters that the Catholics should have public right of wors.h.i.+p in Holland where he knew that the civil authority was sure to refuse it, or in any of the other six provinces in whose internal affairs he had no voice whatever. He was opposed to all tyranny over conscience, he would have done his utmost to prevent inquisition into opinion, violation of domicile, interference with private wors.h.i.+p, compulsory attendance in Protestant churches of those professing the Roman creed. This was not attempted. No Catholic was persecuted on account of his religion. Compared with the practice in other countries this was a great step in advance. Religious tolerance lay on the road to religious equality, a condition which had hardly been imagined then and scarcely exists in Europe even to this day. But among the men in history whose life and death contributed to the advancement of that blessing, it would be vain to deny that Barneveld occupies a foremost place.

Moreover, it should be remembered that religious equality then would have been a most hazardous experiment. So long as Church and State were blended, it was absolutely essential at that epoch for the preservation of Protestantism to a.s.sign the predominance to the State. Should the Catholics have obtained religious equality, the probable result would before long have been religious inequality, supremacy of the Catholics in the Church, and supremacy of the Church over the State. The fruits of the forty years' war would have become dust and ashes. It would be mere weak sentimentalism to doubt--after the b.l.o.o.d.y history which had just closed and the awful tragedy, then reopening--that every spark of religious liberty would have soon been trodden out in the Netherlands. The general onslaught of the League with Ferdinand, Maximilian of Bavaria, and Philip of Spain at its head against the distracted, irresolute, and wavering line of Protestantism across the whole of Europe was just preparing.

Rather a wilderness to reign over than a single heretic, was the war-cry of the Emperor. The King of Spain, as we have just been reading in his most secret, ciphered despatches to the Archduke at Brussels, was nursing sanguine hopes and weaving elaborate schemes for recovering his dominion over the United Netherlands, and proposing to send an army of Jesuits thither to break the way to the reconquest. To play into his hands then, by granting public right of wors.h.i.+p to the Papists, would have been in Barneveld's opinion like giving up Julich and other citadels in the debatable land to Spain just as the great war between Catholicism and Protestantism was breaking out. There had been enough of burning and burying alive in the Netherlands during the century which had closed. It was not desirable to give a chance for their renewal now.

In regard to the Synod, Barneveld justified his course by a simple reference to the 13th Article of the Union. Words could not more plainly prohibit the interference by the States-General with the religious affairs of any one of the Provinces than had been done by that celebrated clause. In 1583 there had been an attempt made to amend that article by insertion of a pledge to maintain the Evangelical, Reformed, religion solely, but it was never carried out. He disdained to argue so self-evident a truth, that a confederacy which had admitted and constantly invited Catholic states to members.h.i.+p, under solemn pledge of noninterference with their religious affairs, had no right to lay down formulas for the Reformed Church throughout all the Netherlands. The oath of stadholder and magistrates in Holland to maintain the Reformed religion was framed before this unhappy controversy on predestination had begun, and it was mere arrogant a.s.sumption on the part of the Contra-Remonstrants to claim a monopoly of that religion, and to exclude the Remonstrants from its folds.

He had steadily done his utmost to a.s.suage those dissensions while maintaining the laws which he was sworn to support. He had advocated a provincial synod to be amicably a.s.sisted by divines from neighbouring countries. He had opposed a National Synod unless unanimously voted by the Seven Provinces, because it would have been an open violation of the fundamental law of the confederacy, of its whole spirit, and of liberty of conscience. He admitted that he had himself drawn up a protest on the part of three provinces (Holland, Utrecht, and Overyssel) against the decree for the National Synod as a breach of the Union, declaring it to be therefore null and void and binding upon no man. He had dictated the protest as oldest member present, while Grotius as the youngest had acted as scribe. He would have supported the Synod if legally voted, but would have preferred the convocation, under the authority of all the provinces, of a general, not a national, synod, in which, besides clergy and laymen from the Netherlands, deputations from all Protestant states and churches should take part; a kind of Protestant oec.u.menical council.

As to the enlistment, by the States of a province, of soldiers to keep the peace and suppress tumults in its cities during times of political and religious excitement, it was the most ordinary of occurrences. In his experience of more than forty years he had never heard the right even questioned. It was pure ignorance of law and history to find it a novelty.

To hire temporarily a sufficient number of professional soldiers, he considered a more wholesome means of keeping the peace than to enlist one portion of the citizens of a town against another portion, when party and religious spirit was running high. His experience had taught him that the mutual hatred of the inhabitants, thus inflamed, became more lasting and mischievous than the resentment caused through suppression of disorder by an armed and paid police of strangers.