ugo
de Groot, a Passionate ThinkerThinker
Hugo de Groot (1583-1645), better known as Grotius,Grotius, is oneone ofof thatthat selectselect band ofof DutchmenDutchmen whowho cancan boastboast an an enduring enduring world-wide world-wide reputation. reputation. Internationally he will always bebe regardedregarded asas `the'the father father ofof international international law', whateverwhatever footnotesfootnotes modernmodem scholarshipscholarship maymay addadd to to that that description. description. It is a titletitle hishis countrycountry hashas frequentlyfrequently mademade greatgreat play play with with in in this this century. century. And for the ordinary Dutchman too Grotius'Grotius' namename lives lives on, on, though though in in quite quite another context: his spectacularspectacular escape fromfrom LoevesteinLoevestein prisonprison hiddenhidden inin a bookcase, the brainwave ofof his stout-hearted wifewife MariaMaria vanvan Reigersberch.Reigersberch. As so ofoftenten happens, history'history's s verdictverdict onon GrotiusGrotius representsrepresents aa narrowingnarrowing andand therefore a distortion of thethe reality.reality. TheThe manman himself,himself, whilewhile flattered,flattered, wouldwould be at least asas muchmuch astonishedastonished atat thethe esteemesteem inin whichwhich hehe isis currentlycurrently held.held. He himself expected to achieve lastinglasting famefame forfor hishis historicalhistorical writings,writings, andand especially for his account of the Dutch Revolt.Revolt. ButBut manymany ofof his his contempo-contempo raries, too,too, would be surprisedsurprised atat ourour judgement.judgement. HisHis reputationreputation inin hishis ownown country was inseparablyinseparably linkedlinked toto thethe RemonstrantRemonstrant conflicts,conflicts, whilewhile inin England, for instance,instance, untiluntil wellweIl intointo thethe lastlast centurycentury he he waswas known known primar- primar ily as an advocateadvocate ofof thethe restorationrestoration ofof church church unity,unity, againstagainst thethe historicalhistorical Hugo de Groot at ageage 15.15. trend. He is 'Iele miracle Grotius lived at a crucial time inin history.history. HisHis lifelife parallelsparallels thethe intenseintense d' hollande'hollande' and proudly shows the commemorative social struggle that wouldwould bringbring togethertogether thethe fledglingfledgling EuropeanEuropean nationsnations medal he received from in the Treaty of Westphalia (1648) which, after a century of chaos, shap the hands ofofthe the French in the Treaty of Westphalia (1648) which, after a century of chaos, shap- King (engraving by ed the modernmodem system of sovereignsovereign states.states. ThisThis struggle, struggle, whichwhich ledled toto thethe J. de Gheyn II).n). St Bartholomew's Day Massacre in France, to the fallfall andand executionexecution ofof Grand Pensionary Oldenbarnevelt in Holland, and which finally embroiled Europe in the Thirty Years' War,War, alsoalso formedformed thethe backgroundbackground toto Grotius'Grotius' endeavours. For his life waswas defined byby hishis deepdeep socialsocial commitment.commitment. Single- Single minded zeal characterised hishis wholewhole lifelife — - as his mottomotto' 'ruit ruit hora'hora' ('time(`time flies')flies') bearsbears witness.witness. ForFor thisthis missionarymissionary spiritspirit therethere waswas alwaysalways soso muchmuch toto do, so much that still had toto be finished. Restless activity isis the hallmark of his life andand,, predictably, as his years increaseincrease soso doesdoes hishis dissatisfactiondissatisfaction andand impatienceimpatience with the tepidtepid responseresponse whichwhich hishis missionmission encounteredencountered andand thethe resistanceresistance his works provoked; impatience,impatience, inin thethe end, withwith thethe very human shortcomings of his closeclosest st friends and family. He is weighed down by the
255255 many practical problemsproblems — - political,political, financial oror organisational organisational — - which, in-in
tentionally or otherwise, impedeimpede thethe carryingcarrying outout ofof his his grandiosegrandiose plans.plans.
Ideals and RoweverHowever learned Grotius may have been, however impressive his scholarlyscholarly principles works, it would be wrongwrong toto regardregard himhim solelysolely asas aa scholar. scholar. AtAt each each cross- cross
roads in his careercareer thethe roadroad toto aa quietquiet academicacademic lifelife andand thethe snugnesssnugness ofof
a university was open to him. ButBut hehe nevernever chosechose thatthat path,path, nono mattermatter how how
predictably difficult the alternative. HisRis charactercharacter cancan bebe seenseen particularlyparticularly clearly in the one choice which in his day dominated thethe liveslives ofof man-in-the- man-in-the
street and intellectual alike: thatthat ofof religion.religion. InIn thisthis respectrespect Grotius Grotius shows shows
himself the exactexact oppositeopposite ofof his his fellow-humanist fellow-humanist fromfrom thethe Southern Southern
Provinces, JustusJustus Lipsius, Lipsius, who who was was — - atat leastleast in in public public — - extremely flexible: flexible:
a Lutheran in Jena, a Roman Catholic in Leuven, a Calvinist inin Leiden. AfterAfter
escaping from Loevestein GrotiusGrotius spentspent almostalmost 2525 yearsyears inin exile, exile, mainly mainly in in
France, waiting for the day he could return. ButBut neitherneither thethe pensionpension grantedgranted
him by Louis milXIII nornor thethe kindredkindred spiritsspirits inin CharentonCharenton couldcould deflectdeflect himhim
from his chosen way and convert himhim toto PopePope oror Calvin.Calvin. ThisThis adherenceadherence to to
his principles —- oftenoften described as stubbornstubborn —- barredbarred him, and soso alsoalso hishis wife and children, from aa lifelife moremore appropriateappropriate toto hishis universallyuniversally acknowl- acknowl
edged, much sought-aftersought-after and trulytruly exceptionalexceptional talents.talents. TheThe dramadrama ofof Grotius' lifelife was,was, therefore,therefore, thethe resultresult ofof his his ownown choicechoice inin followingfollowing aa self- self imposed ideal. But the magnitude of thisthis idealideal isis typicaltypical ofof the the man:man: reuni-reuni fication of the churches, constructionconstruction ofof a a universaluniversal systemsystem of of law, law, integra- integra
tion of the classical andand Christian pillarspillars ofof Western Western civilisation. civilisation. Like Like many many
before and afterafter him, Grotius had to learn aa harshharsh lesson:lesson: socialsocial idealsideals tendtend
not to be compatible withwith aa peacefulpeaceful familyfamily life.life.
The development of this ideal was byby itsits naturenature aa process process ofof gradual gradual
awakening. ItIt took shape,shape, notnot surprisingly,surprisingly, inin Loevestein.Loevestein. ItIt represents represents
The spectacular escape fromfrom Loevestein prison hidden in a bookcase, as pictured in an t18th-century 8th-century engraving.
256 Hugo de Groot, a Passionate Thinker 2 Hu^ a de Gr , a Passionate Thinker Grotius' conclusionsconclusions after after ten ten yearsyears ofof front-line front -line engagement engagement in in the the political political and social hurly-burly. HollandHolland waswas hishis teacher,teacher, butbut his his conclusionsconclusions related, related, rightly, to thethe European socialsocial systemsystem ofof which which the the RemonstrantRemonstrant riots riots were were one consequence. The greatgreat ideasideas came,came, therefore,therefore, afafterter the years of thethe 'Dutch`Dutch miracle', afafterter all its literary, scientificscientific andand (less(less durable)durable) politicalpolitical triumphs. They came out of thethe years of exile andand long-drawn-outlong -drawn-out socialsocial de-de cline. But thatthat internationalists,intemationalists, theologianstheologians oror culturalcultural sociologistssociologists stillstill think itit worth theirtheir whilewhile toto studystudy Grotius Grotius — - thatthat is the legacy of thisthis much-much maligned second part of his life, as rich in intellectualintellectual power as it waswas inin conflict. Grotius' importanceimportance forfor hishis ownown timetime waswas determineddetermined byby hishis writ-writ ings. But it was his idealideal thatthat gavegave thesethese writingswritings theirtheir directiondirection and, and, as as anan all-embracing concept, providedprovided thethe keykey toto theirtheir interpretation. interpretation. This This ideal ideal is is totally in line with his character; inin thethe lastlast instance,instance, socialsocial commitment commitment de- de termined his work and his struggle.struggle. LetLet usus nownow taketake aa closercloser look look at at these these two phases of his life, thethe `Holland'Holland years'years' andand those those of of exile exile in in Europe. Europe.
The young Grotius quickly made a namename forfor himselfhimself inin HollandHolland andand inin The riserise...... Europe. His father, Jan, waswas aa colourfulcolourful figurefigure withwith wide-ranging wide-ranging mercan- mercan- tile interests; he was alsoalso well-versedwell-versed inin humanism,humanism, municipalmunicipal secretarysecretary ofof Delft and aa governorgovemor ofof the the youngyoung Leiden Leiden University University wherewhere his his brother brother taught law. Easy enough, then, for him toto introduceintroduce hishis sonson intointo thisthis rela-rela- tively closed circle. Leading figures such asas JustusJustus LipsiusLipsius andand SimonSimon Stevin were regular guests in his house. Even so, young Hugo's rapidrapid ad-ad- vancement was due toto specificspecific qualitiesqualities ofof his his own:own: aa powerful powerful analytical analytical faculty, a true legallegal mindmind andand aa notablenotabie talenttalent forfor systemsystem and and organisation. organisation. He had a near-photographic memorymemory andand an an exceptionalexceptional feeling feeling for for and and skill skill in languages. Gifts which thethe States foundfound veryvery usefuluseful duringduring thisthis periodperiod of of nation-building and in justifying itsits positionposition inin Europe.Europe. In 1594, atat thethe ageage ofof eleven, eleven, HugoHugo enrolledenrolled atat LeidenLeiden University. University. AsAs a protégé of the greatgreat JustusJustus Scaliger,Scaliger, starstar of of the the university, university, he he rapidly rapidly de- de veloped into a leading philologistphilologist and and man man ofof letters, letters, and and went went on on to to become become the finest Latinist ever toto come out of thethe Netherlands.Netherlands. AtAt thethe endend ofof 1599,1 599, by now also aa qualifiedqualified lawyerlawyer andand withwith anan (honorary)(honorary) degreedegree from from thethe fa- fa mous University of Orleans, thethe fruit ofof aa brief sojournsojoum inin France attachedattached toto an embassy, Grotius was enrolled at thethe CourtCourt ofof HollandHolland inin TheThe Hague.Hague. ItIt was the start of a lifetime's practicepractice of of the the law. law. In TheThe HagueHague hishis exceptionalexceptional talenttalent waswas quicklyquickly recognised.recognised. GrandGrand Pensionary OldenbarneveltOldenbamevelt himself testedtested thethe promisingpromising youngster'syoungster's abili- abili ties withwith historicalhistorical assignmentsassignments whichwhich ledled in 161016 IO toto hishis famousfamous De Antiquitate, an apologiaapologia for independence,independence, and later toto thethe Anna/esAnnales && Historiae, the majestic history of thethe DutchDutch RevoltRevolt whichwhich isis amongamong thethe purest and most intelligent imitationsimitations ofof Tacitan Tacitan historiographyhistoriography thethe human-human ists ever produced. HighlyHighly rhetoricalrhetorical inin tone,tone, stronglystrongly moralisingmoralising andand ten-ten dentious, it is veryvery farfar fromfrom complyingcomplying withwith modernmodem standards. standards. Neverthe- Neverthe less, by the literary norms ofof hishis dayday itit isis anan absoluteabsolute masterpiece.masterpiece. At the same time GrotiusGrotius enjoyedenjoyed competingcompeting withwith thethe LeidenLeiden coteriecoterie ofof Heinsius and Dousa in aa multiplicitymultiplicity ofof Latin Latin poeticpoetic genres:genres: seriesseries of of epi- epi grams to accompany historical prints of Prince Maurice'sMaurice' s campaigns, campaigns, pane- pane gyrics on William of Orange or Maurice'sMaurice's andand Stevin'sStevin's mathematical mathematical in-in-
257 vestigations and lengthy epithalamia for his friends. The highhigh pointpoint ofof thesethese
is Adamus Exul,Exul, a biblical drama on the Fall ofof ManMan inin thethe stylestyle ofof Seneca; Seneca;
fuIlfull of elementselements fromfrom naturalnatural philosophy, itit was a modelmodel forfor Milton'sMilton's Paradise Lost. It was no coincidencecoincidence that inin 16031603 thethe DutchDutch embassyembassy at-at tending the coronation ofof JamesJames II presentedpresented thethe KingKing withwith a a long long (and (and polit- polit
ically loaded) Latin poem composed by Grotius celebrating England andand itsits
prince.
But more serious matters soon claimed attention. InIn 16021602 aa disputedispute aboutabout
the legality of thethe seizureseizure ofof aa SpanishSpanish caraque in the Straits ofof MalaccaMalacca
brought the young lawyer a flattering commission from the Dutch East India
Company. The treatise he produced,produced, De jure praedae,praedae, marks the beginning of a long Dutch tradition of concern forfor the right ofof seizure. seizure. AtAt firstfirst thethe trea-trea
tise remained confidential, but inin 16091609 a revised version ofof one chapterchapter waswas
published in the contextcontext ofof thethe negotiationsnegotiations leadingleading toto thethe TwelveTwelve Years'Years'
Truce. This was thethe famousfamous Mare liberum contested by so many EnglishEnglish
writers, notably SeldenSelden inin hishis 16351635 Mare clausum. Even today, the problem has lost none of its relevance. Meanwhile, stormier times were approaching. As a trustedtrusted colleaguecolleague ofof Oldenbarnevelt, Grotius —- now now 2525 yearsyears old,old, a judge-advocate (1607) andand a married man (1608)(1608) —- wouldwould feelfeel their fuIlfull force. SoonSoon afterafter thethe TruceTruce came into effecteffect itit becamebecame apparent apparent — - as thethe SpaniardsSpaniards hadhad anticipated, anticipated, as as Grotius himself had had warnedwarned Oldenbarnevelt Oldenbarnevelt — - that the unityunity ofof the the ProvincesProvinces was precarious. It would not take much to ignite the smouldering embers ofof dissension. A disagreement between Leiden professors on the doctrinedoctrine ofof predestination — - forfor centuriescenturies a contested pointpoint in in theology theology — - exacerbated byby an ill-judged policy for appointing professorsprofessors onon thethe partpart ofof university university gov-gov ernors, inflamed socialsocial tensionsten si ons withinwithin thethe ratherrather heterogeneous heterogeneous religious religious community in Holland. Concern for publicpublic orderorder compelledcompelled thethe authoritiesauthorities to intervene. But The Hague's call caU forfor toleration toleration foundered foundered on on the the stubborn- stubborn ness of the preacherspreachers —- knownknown asas Arminians and GomaristsGomarists afterafter their their lead- lead
ers, Moderates and Strict Orthodox inin dogma.dogma. DemandsOemands forfor aa synodsynod became became
ever louder. However, the numerical balance meant that thethe outcomeoutcome ofof such a council waswas pre-determined.pre-determined. Besides Besides the the Catholics Catholics — - a a notnot insignifi-insignifi
cant faction —- it it would would force force yetyet anotheranother sizeable portion of the populationpopulation into opposition: thus threatening, in Oldenbarnevelt's viewview atat least,least, thethe co-co
hesiveness of the Union.Union .
••.... and fall ofof Grotius, since 16131613 PensionaryPensionary ofof Rotterdam, Rotterdam, sharedshared this this concern. concern. More- More- a gifted lawyer over, his sympathies were withwith thethe weakerweaker party,party, thethe moderatemoderate Arminians.Arminians. For both reasons, it seems,seems, he decideddecided toto involveinvolve himselfhimself inin thethe dispute.dispute. In various writings he cited argumentsarguments fromfrom dogmadogma andand churchchurch historyhistory toto drawattentiondraw attention to the doctrinaldoctrinallatitude latitude whichwhich thethe faithfulfaithful hadhad alwaysalways beenbeen permitted in this matter. In addition,addition, hehe emphaticallyemphatically stressedstressed thethe absoluteabsolute
authority of the government in religious disputes.disputes. ThisThis waswas pouringpouring oiloil onon
the flames, the second point particularly. TheThe quarrelquarrel divideddivided families, families, sects sects
and administrators alike. To maintainmaintain orderorder OldenbarneveltOldenbarnevelt resortedresorted toto thethe weapons of the local militia. Given the complex structurestructure ofof thethe Union,Union, thisthis raised the issue of thethe position of thethe UnionUnion armyarmy whichwhich waswas underunder PrincePrince Maurice's command.commando Provocations by both sidessides played on thethe latentlatent ten-ten-