The Life of Hugo Grotius written by Charles Butler

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[Sidenote: CHAP. VIII. 1622.]

[Sidenote: Vorstius.--James I.]

With some intimation of their independence, the States replied, that
"the case was of _their_ cognizance;" that "they would examine it;"
and that, "if it should appear that Vorstius maintained the doctrines
imputed to him, they would not suffer him to live among them." The
monarch's orthodoxy was not satisfied with this answer. He repeated his
suggestions, that the States should proceed against Vorstius; and
hinted, that if the doctrines should be proved against him, and if he
should persist in them, burning might be a proper punishment for him.
The monarch added that, if the States did not use their utmost
endeavours to extirpate the rising heresy, he should publicly protest
against their conduct; that, in quality of defender of the faith, he
would exhort all Protestant churches to join in one general resolution
to extinguish the abomination, and would, as sovereign of his own
dominions, prohibit his subjects to frequent so pestilential a place as
the University of Leyden. To his menaces he added the terrors of his
pen, and published a "Confutation of Vorstius."

By the advice of the States, Vorstius replied to his royal adversary in
a most respectful manner; still, the royal adversary was not satisfied.
Finally, the States condemned the obnoxious doctrines of Vorstius,
divested him of all his offices; and sentenced him to perpetual
banishment. Vorstius remained concealed during two years; then found an
asylum in the dominions of the Duke of Holstein, who, as we have
mentioned, took the remains of the Arminians into his protection.

Vorstius died in 1622.

CHAPTER IX.

GROTIUS AFTER HIS ESCAPE FROM PRISON, TILL HIS APPOINTMENT OF AMBASSADOR
FROM SWEDEN TO THE COURT OF FRANCE.

1621-1634.

Soon after the escape of Grotius from prison, he repaired to Paris: in
this, he followed the advice of Du Maurier, the French ambassador at the
Hague. His works had made him known in every part of Europe, in which
learning was cultivated: but persons properly qualified to appreciate
their merit, existed no where in such abundance as at Paris: he was
personally esteemed and regarded by the monarch; and the principal
officers of state were attached to him. Paris was also recommended to
him by its libraries, the easy access to them, and the habitual
intercourse of the men of letters, who, during, at least, a great part
of the year, made that city their place of residence.

[Sidenote: From the Escape of Grotius till his appointment of
Ambassador.]

Grotius arrived at Paris on the 13th of April 1621. He was immediately
noticed by a multitude of persons of distinction and rank; but it was
not till March 1622, that he was presented to the king. His majesty
received him graciously, and settled upon him a pension of 3,000 livres.
The Prince of Conde, the Chancellor, and the Keeper of the Seals, had
exerted themselves to dispose the king in his favour. His majesty
professed kindness towards those, who had been persecuted by the States;
and issued an edict, dated the 22d April 1622, by which he took them
under his protection, in the same manner as if they were his own
subjects; he even extended this benefit to their children. The
celebrated President Jeannin was one of the most active and useful of
Grotius's friends; but he died soon after Grotius arrived at Paris.

Grotius, during his stay in that city, attended frequently the courts of
justice. He observed the wretched style of oratory, which at that time,
prevailed in them. It was, in some measure, corrected by _Patru_ and _Le
Maitre_; but it did not reach its best state, till the end of the reign
of Lewis XIV. The rhetorical march and laboured amplifications allowed
at the French bar, are offensive to English ears. Has any nation
produced a more perfect style of forensic or judicial eloquence, than
that of _Sir William Grant_? The wisdom and justice of _Lord Stowell's_
decisions, and the admirable arguments by which he explains or
illustrates them, are known and acknowledged by every Court.

[Sidenote: CHAP. IX. 1621--1634]

Grotius's love of his native country continued unabated; all his views,
all his hopes, were directed thither. With these feelings he wrote his
_Apology_. He composed it in the Dutch language, and translated it
afterwards into Latin: it was published in 1622. He dedicated it to the
people of Holland and West Friesland. It is divided into twenty
chapters; in the first, he argues the important point, that each of the
United Provinces is sovereign and independent of the States General, and
that the authority of these is confined to the defence of the provinces
against their enemies. In the second chapter, he applies the position to
ecclesiastical concerns; these, he says, are subject to the sovereign
power of each State. In the following chapters, he descends into the
particular charges against him; defending himself against all the crimes
and irregularities of which he was accused, and shewing the informality
of the judicial proceedings by which he and his companions in misfortune
were tried and condemned.

[Sidenote: From the Escape of Grotius till his appointment of
Ambassador.]

His answer was universally read and approved: It greatly incensed the
States General: They proscribed it, and forbade all persons to have it
in their possession, under pain of death; but no answer to it was
published. The edict made Grotius and his friends entertain
apprehensions for his personal safety. On this account, he obtained
from the French monarch letters of naturalization, dated the 26th
February 1623: By these, his majesty took him under his special
protection.

Grotius retained many friends in every part of the United Provinces:
Prince Frederick Henry, the brother of Maurice, was among them. He had
never entered into his brother's persecuting projects.

"The Count d'Estrades has given us," says Burigni, "some anecdotes on
this subject, which we shall relate on his authority. He assures us,
that, being one day _tete a tete_ with Prince Henry Frederick in his
coach, he heard him say, that he had much to do to keep well with his
brother Maurice, who suspected him of secretly favouring Barneveldt and
the Arminians. He told me, (these were the Count's own words), it was
true that he kept a correspondence with them, to prevent their opposing
his election, in case his brother should die; but that, as it imported
him to be on good terms with his brother, and to efface the notion he
had of his connection with the Arminians, he made use of Vandenuse, one
of his particular friends, and Barneveldt's son-in-law, to let the cabal
know, that it was necessary for him to accommodate himself to his
brother, that he might be better able to serve them,--which Barneveldt
approved of."

[Sidenote: CHAP. IX. 1621--1634.]

In the meantime, the situation of Grotius at Paris, became very
uncomfortable. His resources, and those of his wife, were small; and his
pension was paid irregularly. Cardinal de Richelieu wished to attach
Grotius; but required from him an absolute and unqualified devotion to
him, which was utterly irreconcileable with the slightest degree of
honourable independence. Grotius therefore declined the offers of the
Cardinal. From this time, the Cardinal regarded him with an evil eye,
and often made him feel the effects of his displeasure.

This rendered Grotius desirous of quitting France. Trusting to some
protestations of friendship, which he had received from Prince
Frederick; to his numerous friends, to his claims upon the gratitude of
the States of Holland, to his feelings of innocence, and to the effect
produced, as he flattered himself, by his _Apology_, he ventured into
Holland in 1631. But he met with no countenance: and in that year was
banished a second time. Upon this, he formally bade a final adieu to
Holland, and determined to seek his fortune elsewhere: He then fixed his
residence at Hamburgh.

[Sidenote: From the Escape of Grotius till his appointment of
Ambassador.]

He sought to preserve his friends in France; but announced to them his
intention to receive no more money from the French government.

"I shall always," he said in a letter to the First President of the Cour
des Monnoies, "be grateful for the King's liberality; but it is enough
that I was chargeable to you, while I resided in France. I have never
done you any service, though I made you an offer of myself. But it would
not be proper that I should now live, like an hornet, on the goods of
other men. I shall not, however, forget the kindness of so great a king,
and the good offices of so many friends."

[Sidenote: CHAP. IX. 1621-1634.]

It may appear surprising that Prince Frederick of Orange should
pertinaciously exclude Grotius from his native country. But ambition
listens to nothing that conflicts with its own views. Prince Frederick
inherited from his father and brother the wish of becoming the sovereign
of the United Provinces. To this, he knew he should always find a
zealous and able opponent in Grotius: hence, notwithstanding his great
personal regard for Grotius, he always kept him a banished man. Grotius
wished to be employed by the Government of England, and Archbishop Laud
was sounded upon this subject; but the application was coldly
received[034]. Prince Frederick sustained, both in military and civil
concerns, the character of the former princes of his family. Under his
administration, the affairs of the republic prospered at sea and land.
Peter Haim captured the Spanish flotilla, estimated at twelve millions
of florins. The Prince took Bois-le duc, Maestricht, and Breda, and
reduced the Dutchy of Limburgh. Under his auspices, the celebrated Van
Tromp commenced his career of naval glory, by obtaining a complete
victory over the Spanish fleet, consisting of seventy men of war. Prince
Frederick died in 1658.

From the close of his Stadtholderate, we may date the origin of the
jealousy entertained, by France and England, of the rising power of the
United Provinces. It is to be observed that Prince Frederick was
Stadtholder only of the Provinces of Holland, Zealand, Utrecht, Gueldres
and Overyssell: Count Ernest Casimir of Nassau was Stadtholder of the
provinces of Groeningen, Frizeland, and the county of the Drenta. In
1631, their eldest sons were chosen, in the lifetime of their fathers,
their successors in their respective Stadtholderates. This was a great
step towards making the Stadtholderate hereditary in their
families,--one of the leading objects of their ambitious views.

CHAPTER X.

SOME OF THE PRINCIPAL WORKS OF GROTIUS.

1. _His Edition of Stobaeus_.

2. _His Treatise de Jure Belli et Pacis_.

3. _His Treatise de Veritate Religionis Christianae_.

4. _His Treatise de Jure summarum potestatum circa
sacra_.

5. _His Commentary on the Scriptures_.

6. _Some other Works of Grotius_

[Sidenote: CHAP. X. 1621-1634]

That literature is an ornament in prosperity, and a comfort in adverse
fortune, has been often said by the best and wisest men; but no one
experienced the truth of this assertion in a higher degree than Grotius,
during his imprisonment at Louvestein. In that wreck of his fortune and
overthrow of all his hopes, books came to his aid, soothed his sorrows,
and beguiled the wearisome hours of his gloomy solitude. His studies
often stole him from himself, and from the sense of his misfortunes. In
the exercise of his mental energies, he was sensible of their powers;
and it was impossible that he should contemplate, without pleasure, the
extent, the worth, or the splendour of his labours; the services, which
he rendered by them to learning and religion, and the admiration and
gratitude of the scholar, which he then enjoyed, and which would attend
his memory to the latest posterity. He himself acknowledged that, in the
ardour of his literary pursuits, he often forgot his calamities, and
that the hours passed unheeded, if not in joy, at least without pain.

X 1.

_His Edition of Stobaeus_.

Being ourselves unacquainted with this work, we cannot do better than
present our readers with the account given of it by Burigni.

"The year after the publication of his _Apology_, that is to say in
1623, Nicholas Huon printed at Paris, _Grotius's improvements and
additions to Stobaeus_. This author, as is well known, extracted
what he thought most important in the ancient Greek writers, and
ranged it under different heads, comprehending the principal points
of philosophy. His work is the more valuable, as it has preserved
several fragments of the Ancients, found no where else. Grotius,
when very young, purposed to extract from this author all the
maxims of the poets; to translate them into Latin verse, and to
print the original with the translation. He began this, when a boy;
he was employed in it at the time of his arrest; and continued it
as an amusement, whilst he had the use of books, in his prison at
the Hague. He tells us that, when he was deprived of pen and ink,
he was got to the forty-ninth title, which is an invective against
tyranny, that had a great relation to what passed at that time in
Holland. On his removal to Louvestein, he resumed this work, and
finished it at Paris. He made several happy corrections in the text
of Stobaeus; some, from his own conjectures or those of his friends;
others, on the authority of manuscripts in the King's library,
which were politely lent him by the learned Nicholas Rigaut,
librarian to his majesty.

[Sidenote: His edition of Stobaeus.]

[Sidenote: CHAP. X. 1621-1634]

"Prefixed to this book, are _Prolegomena_, in which the author shews
that the works of the ancient Pagans are filled with maxims
agreeable to the truths taught in holy writ. He intended to
dedicate this book to the Chancellor Silleri: he had even writ the
dedication, but his friends, to whom he shewed it, thought he
expressed himself with too much warmth, against the censurers of
his _Apology_. They advised him therefore to suppress it; and he
yielded to their opinion. It may be observed in reading the royal
privilege, that the present title of the book is different from
what it was to have had. To these extracts from the Greek poets
translated into Latin verse, Grotius annexed two pieces, one of
Plutarch, the other of St. Basil, on the use of the poets; giving
the Greek text with a Latin translation."

The work was received with universal approbation.

X. 2.

_His Treatise de Jure Belli et Pacis_.

Grotius may be considered as the founder of the modern school of _the
Law of Nature and of Nations_. He was struck with the ruthless manner,
in which wars were generally conducted; the slight pretences, upon which
they were generally begun; and the barbarity and injustice, with which
they were generally attended. He attributed these evils to the want of
settled principles respecting the rights and duties of nations and
individuals in a state of war. These, he observed, must depend on the
previous rights and duties of mankind, in a state of peace: this led him
to the preliminary inquiry into their rights and duties in a state of
nature.

Thus, an ample field was opened to him. He brought to it, a vigorous
discerning mind, and stupendous erudition. From antient and modern
history, philosophy, oratory, and poetry, he collected facts and
sayings, which appeared to him to establish a general agreement of all
civilized nations upon certain principles. From these, he formed his
system; applying them, as he proceeded in his work, to a vast multitude
of circumstances. These are so numerous, that some persons have not
scrupled to say, that no case or international law, either in war or in
peace, can be stated, to which the work of Grotius does not contain an
applicable rule.

[Sidenote: X. 2. _The Treatise de Jure Belli et Pacis._]

[Sidenote: CHAP. X. 1621-1634]

Three important objections have been made to this celebrated work,--one,
that the author defers in it, too little, to principle, too much, to
authority;--another, that the work is written in a very desultory
manner, with small attention to order, or classification;--a third, that
his authorities are often feeble, and sometimes whimsical. "Grotius,"
says Condillac, "was able to think for himself; but he constantly
labours to support his conclusions by the authority of others. Upon many
occasions; even in support of the most obvious and indisputable
propositions, he introduces a long string of quotations from the Mosaic
law, from the Gospels, from the fathers of the church, from the
casuists, and not unfrequently, even in the very same paragraph, from
Ovid, and Aristophanes." This strange mixture is subject of many
witticisms of Voltaire. But let us hear what is urged in the defence of
Grotius, by a gentleman, of whose praise the ablest of writers may be
proud:

"Few writers," says Sir James Mackintosh, in his Discourse on the
Study of the Law of Nature and Nations, "were more celebrated than
Grotius in his own days, and in the age which succeeded. It has,
however, been the fashion of the last half century to depreciate
his work, as a shapeless compilation, in which reason lies buried
under a mass of authorities and quotations. This fashion originated
among French wits and declaimers, and it has been, I know not for
what reason, adopted, though with far greater moderation and
decency, by some respectable writers among ourselves. As to those,
who first used this language, the most candid supposition that we
can make with respect to them is, that they never read the work;
for, if they had not been deterred from the perusal of it by such a
formidable display of Greek characters, they must soon have
discovered that Grotius never quotes, on any subject, till he has
first appealed to some principles; and often, in my humble opinion,
though, not always, to the soundest and most rational principles.

[Sidenote: His treatise de Jure Belli et Pacis.]

"But another sort of answer is due to some of those, who have
criticised Grotius; and that answer might be given in the words of
Grotius himself. He was not of such a stupid and servile cast of
mind as to quote the opinions of poets or orators, of historians
and philosophers, as those of judges, from whose decision there was
no appeal. He quotes them, as he tells us himself, as witnesses,
whose conspiring testimony, mightily strengthened and confirmed by
their discordance on almost every other subject, is a conclusive
proof of the unanimity of the whole human race on the great rules
of duty, and the fundamental principles of morals. Of such matters,
poets and orators are the most unexceptionable of all witnesses;
for they address themselves to the general feelings and sympathies
of mankind; they are neither warped by system, nor perverted by
sophistry; they can attain none of their objects; they can neither
please nor persuade, if they dwell on moral sentiments not in
unison with those of their readers. No system of moral philosophy
can surely disregard the general feelings of human nature, and the
according judgment of all ages and nations. But, where are these
feelings and that judgment recorded and preserved? In those very
writings which Grotius is gravely blamed for having quoted. The
usages and law of nations, the events of history, the opinions of
philosophers, the sentiments of orators and poets, as well as the
observation of common life, are, in truth, the materials out of
which the science of morality is formed; and those who neglect
them, are justly chargeable with a vain attempt to philosophise
without regard to fact and experience, the sole foundation of all
true philosophy.

[Sidenote: Chap. X. 1621-1634]

"If this were merely an objection of taste, I should be willing to
allow, that Grotius has indeed poured forth his learning with a
profusion, that sometimes rather encumbers than adorns his work,
and which is not always necessary to the illustration of his
subject. Yet, even in making, that concession, I should rather
yield to the tastes of others, than speak from my own feelings. I
own that such richness and splendour of literature have a powerful
charm for me. They fill my mind with an endless variety of
delightful recollections and associations. They relieve the
understanding in its progress through a vast science, by calling up
the memory of great men and of interesting events. By this means we
see the truths of morality clothed with all the eloquence (not that
could be produced by the powers of one man, but) that could be
bestowed on them by the collective genius of the world. Even virtue
and wisdom themselves acquire new majesty in my eyes, when I thus
see all the great masters of thinking and writing called together,
as it were, from all times and countries, to do them homage and to
appear in their train.

[Sidenote: X. 2. His Treatise de Jure Belli et Pacis]

"But this is no piece for discussions of taste, and I am very ready
to own, that mine may be corrupted. The work of Grotius is liable
to a more serious objection, though I do not recollect that it has
ever been made. His method is inconvenient and unscientific. He has
inverted the natural order. That natural order undoubtedly
dictates, that we should first search for the original principles
of the science, in human nature; then apply them to the regulation
of the conduct of individuals; and lastly employ them for the
decision of those difficult and complicated questions that arise
with respect to the intercourse of nations. But Grotius has chosen
the reverse of this method. He begins with the consideration of the
states of peace and war, and he examines original principles, only
occasionally and incidentally, as they grow out of the questions,
which he is called upon to decide. It is a necessary consequence of
this disorderly method, which exhibits the elements of the science
in the form of scattered digressions, that he seldom employs
sufficient discussion on those fundamental truths, and never in
the place where such a discussion would be most instructive to the
reader. This defect in the plan of Grotius was perceived, and
supplied by Puffendorf, who restored natural law to that
superiority which belonged to it, and with great propriety, treated
the law of nations as only one main branch of the parent stock."

[Sidenote: CHAP X. 1621-1634]

Whatever may be the merit of the work of which we are speaking, it must
be admitted, that few, on their first appearance, and during a long
subsequent period after publication, have received greater or warmer
applause. The stores of erudition displayed in it, recommended it to the
classical scholar, while the happy application of the author's reading
to the affairs of human life, drew to it the attention of common
readers. Among those, whose approbation of it, deserved to be recorded,
Gustavus Adolphus,--his prime minister the Chancellor Oxenstiern,--and
the Elector Palatine Charles Lewis, deserve particular mention.[035] As
the trophies of Miltiades are supposed to have kept Themistocles awake,
it has been said that the trophies of Grotius drove sleep from Selden,
till be produced his celebrated treatise, "_De Jure naturali et gentium
secundum leges Ebraeorim_." This important work equals that of Grotius
in learning; but, from the partial and recondite nature of its subject,
never equalled it in popularity.

[Sidenote: X. 9. His Treatise de Jure Belli et Pacis]

The supposed want of general elementary principles in the work of
Grotius gave occasion to Puffendorf's treatise _de Jure Naturae et
Gentium_; afterwards abridged by him into the small octavo volume _De
Officio hominis et civis_: an edition of it in octavo was published by
Professor Garschen Carmichael, of Glasgow, in 1724.

The best edition of Grotius's treatise _de Jure Belli et Pacis_ was
published at Amsterdam in 1730, by John Barbeyrac.

Foreigners observe, that the study of the law of nature and nations is
less cultivated in England than upon the continent. Is it not, because
Englishmen are blessed with a free constitution; are admitted into a
general participation of all its blessings; are thus personally
interested in the national concerns; and have therefore a jurisprudence,
which comes nearer to their bosoms? Is it not also, because the law of
nature and nations, with all its merit, is so loose, that its principles
seldom admit of that practical application, which renders them really
useful; and which an English mind always requires?

X.3.

_De Veritate Religionis Christianae._

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