PG Edition of Netherlands series — Complete

by John Lothrop Motley

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 Assembly. 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 assigned 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 associates 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 pronounce 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 space 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 refreshing one. It was the attempt of a multitude 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 passed 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 ignoble 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 gratitude 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.