When kings were no longer able to drive their people to fight just to

satisfy their personal ambition, and when people became more tolerant

about religious differences, other causes for wars arose. Governments

became ambitious and wanted their countries to expand and acquire great

colonial possessions, and acute rivalry grew up between nations. This

was encouraged by the richer classes, who could profit by extended

trade, and as the means of communication and of conveyance suddenly

became much easier because of steamships, trains, and telegraphy, the

desire as well as the possibility of building great Empires was very

much increased. The governing classes and those who were rich and

idle were not very much concerned about the pressing need for social

reform which the vast mass of the people were longing for. They were

interested in wars, and they could easily make them popular by means

of the newspapers which they had at their command. Meanwhile, the

people became gradually more peace-loving. But this made no difference,

because they had no say in controlling the relations of their country

with other nations; they were very easily misled because of their

ignorance of foreign policy and foreign countries, and they could

always be roused to fight by being told that their country was in

danger.

A disbelief in force was, however, slowly growing up, and people were

no longer impressed by the glory of war. In their relations with one

another individual men left off fighting, because they found that

quarrels were better settled by reason, and they knew that the man who

happened to be the strongest physically or the most skillful with arms

was not necessarily in the right, though he might kill or maim his

opponent.

But while many nations within their own borders were able to establish

peaceful relations between their citizens by means of law and order,

the relationship between the nations themselves could not be regulated

in the same way. In their infancy the nations recognized no law, no

regulations for warfare, and no binding sense of obligation. There was

no supreme authority who could insist on obedience, and the only way of

settling differences was to fight it out. Agreements between one ruler

and another were of little value; terrible barbarities and wholesale

massacre were resorted to without protest; no sort of code of honor

or humanity was recognized, and justification for hideous cruelty was

often found by the Church in the pages of the Bible.

At a period when Europe was one broad battlefield, when wars were

raging between races, between nations, and between religious sects,

and hatred, misery, cruelty, and torture were filling the world with

horror, and in a country that was suffering more than any other from

these fearful evils, was born a man who, in spite of the darkness

around him and in spite of the overwhelming forces which seemed to be

subduing mankind, set to work to save civilization from ruin and to

establish law and reason in the relations of nations. This man was Huig

de Groot, known afterwards to the world as Hugo Grotius, who was born

at Delft, in Holland, on Easter Day of 1583. He will be recognized for

all time as the founder of international law, and as the first man who

awakened the conscience of governments to a higher moral sense, to more

humanitarian feelings, and to the recognition of the fact that there

was such a thing as international duty. “I saw,” he said, “in the whole

Christian world a license of fighting at which even barbarous nations

might blush. Wars were begun on trifling pretexts or none at all, and

carried on without any reverence of law, Divine or human. A declaration

of war seemed to let loose every crime.”

The foundation of his idea was that the Law of Nations, that is to

say, the agreements made between governments, should be brought into

harmony with the principles of natural morality and the commands of

justice written, as he said, by God on the hearts and minds of men.

This he called the Law of Nature, which man could discover by right

reason. He wanted, in fact, the same ideas of right and wrong which

people were taught to adopt in their dealings with one another to be

applied to the dealings of one nation with another. Instead of saying

that justice, honor, generosity, and friendship meant one thing between

man and man and quite another thing between nation and nation, he

tried to combine the two and bring the lower one up to the level of

the higher. Out of this union between the two sorts of law he hoped to

create an international law which would put an end to the unreasonable,

uncivilized, and perpetually dangerous relationship which existed

between nations.

The great book he wrote was called “De Jure Belli ac Pacis” (Concerning

the Law of War and Peace). He collected together in it quotations from

a number of great men, and elaborated his argument with wonderful

clearness and great learning. He condemned the atrocities of warfare,

and more especially he pointed to a way in which war might be avoided.

He examined various methods by which international questions might

be settled without war, and proposed the idea of conferences and

international arbitration. In fact, it may be said that the seed of

arbitration was first sown when Grotius wrote the words: “But specially

are Christian kings and States bound to try this way of avoiding war.”

The book, indeed, in the hands of those who followed him, became a

mighty weapon against the follies of rulers and the cruelties of

war. It could not have been written by a mere scholar; it was not

just a collection of quotations and clever theories; it was the work

of a man whose nobility of heart and mind and whose earnestness and

unselfishness made his voice echo through the nations and through the

ages.

But you, who have known a war compared to which the wars of the past

seem as little battles, may well ask whether the ideas of Grotius have

really spread and become of any permanent good. Well, I will try to

answer that question. The tremendous scale of the great European war

of the twentieth century is not a measure of the wicked disposition of

the nations concerned, but is due more especially to the easy methods

of transport and communication, to the rapid manner in which munitions

can be manufactured, and to the diabolical nature of modern inventions

and engines of destruction. That war could not be prevented is not due

to the frantic desire of the peoples to fight, but to the policy of

governments and ministers, to the faulty methods of intercourse between

nations, which is called diplomacy, and to the inability of the people

to control their governments. So far from this catastrophe showing

nations are more evilly disposed towards one another than formerly, it

is undoubtedly true that mutual knowledge was beginning to produce a

new sympathy and understanding, and though it has been checked, that

movement will revive and continue, perhaps with greater vigor.

Although there may be much to alter and much to mend in ways that

Grotius never dreamed of, the prospect of the cessation of war is

decidedly nearer, in spite of this great failure. Such a prospect

may still be very remote—we cannot say—but it is as inevitable as

the rising of the sun, and we can either help or hinder its coming.

Therefore, in considering the fact that the mind of man has been slowly

preparing for the abolition of the rule of force and the establishment

of the reign of reason, and that moral law has been slowly but surely

gaining ground over belief in violence, we should ever turn with

gratitude to the man who took the first and most difficult step, and

who had sufficient foresight and courage, when things seemed most

hopeless, to look into the future.

The publication of such a book naturally caused a great stir. It came

out in 1625, and was immediately placed by the Pope upon the Index—that

is, the list of books which Catholics were forbidden to read. It was

not a popular book in the sense that it could be read by every one. The

appeal was to thinking men. Its influence therefore was very gradual.

But slowly the ideas set forth by Grotius found their way into laws

and into treaties, and eminent lawyers in European universities took

the great work as a starting-point of the further development of

principles of international law. There are two interesting instances of

how the influence of the book was immediately felt. Gustavus Adolphus

of Sweden, who was the greatest general of the time, made a careful

study of “De Jure Belli ac Pacis”: he kept it by his bedside, and it

was found in his tent after his death on the field of Lützen. Gustavus

constantly stood for mercy, and began on a large scale the better

conduct of modern war. He made speeches to his soldiers dissuading them

from cruelty or rebuking them for it.

The other instance was in the case of the capture of La Rochelle by

Cardinal Richelieu, who governed France in the name of Louis XIII.

La Rochelle was the stronghold of French Protestantism. All Europe

expected that the inhabitants would be massacred, in accordance with

the spirit of cruel intolerance which was usual at that time, and which

would certainly be expected from the merciless Cardinal. But to the

amazement of the world there were no massacre, no destruction, and no

plunder, and the Huguenots were treated with mercy and even respect.

At a later period, indeed, Cardinal Richelieu freed the writings of

Grotius from the French censorship, and declared him one of the three

great scholars of his time.

The Treaty of Westphalia, which closed the Thirty Years War in

1648, may be added as another instance of how Grotius had brought in

a new epoch in international affairs, for it contained principles

which he had been the first to bring into the thought of the world.

Nevertheless, the immediate influence of Grotius’ book was not so great

as the lasting service he rendered in laying the foundation of a new

science of International Law, on which succeeding generations slowly

built up and strengthened the sense of morality between nations. There

is still very much to be added; and new problems and new conditions

require new plans and new designs. But the foundation was well laid and

can never be shifted.

The book was criticized by some who declared that it was just a

shapeless collection of quotations, and that the argument was lost

under the mass of extracts from other authorities. It is true that its

arrangement and style were rather heavy and clumsy, and there is much

in the book that may appear to us, three hundred years afterwards, as

rather crude, but attack has come for the most part from those who

are quite unable to understand the high ideal toward which Grotius

was reaching out. A prominent English international jurist, Sir James

Mackintosh, has declared that this great work “is perhaps the most

complete that the world has yet owed, at so early a stage in the

progress of any science, to the genius and learning of one man.”

Now, I must give you some account of the life of the writer of this

famous book. As you may imagine, a man of such decided character, who

had the courage to express new and original views, was not allowed to

live in peace and quiet.

His father, John de Groot, was four times burgomaster of Delft and

one of the curators of the University of Leyden. He was a great

scholar, and acted as tutor to his son Hugo. At a very early age the

boy showed the most extraordinary powers. At ten, his Latin verses

were praised by learned men; at eleven, poets declared that he would

be a second Erasmus; at twelve, he was admitted to the University of

Leyden. He was, in fact, very precocious. It very often happens with

precocious children that they are made to show off, and are so spoilt

by their parents that they become conceited, and when they grow up they

disappoint the expectations formed about them when they were young.

But his parents were sensible, and he himself was naturally humble and

modest, and so he continued his studies and enriched his mind without

any harm being done to his character. He produced immense learned books

on many different subjects, and at the age of fifteen held public

disputes in mathematics, philosophy, and law.

In 1598 he was appointed to accompany a special Embassy which was

being sent by the Netherlands to the King of France, Henry IV. His

reputation had gone before him. The men of the day crowded to see him,

and the King received him and with his own hand hung his portrait

round the youth’s neck. So much flattery might easily have turned his

head, but he already showed a calm judgment and the wisdom of a man of

long experience. He did not loiter in this pleasant atmosphere, but

returned to his work in Holland. But there was another danger before

him. He might have buried himself in his studies, and, like other

learned men of his time, and, indeed, of all times, accumulated a lot

of useless knowledge. So many great scholars have become experts in

some particular subject, and have shut themselves off from contact

with their fellow-men. Their mind becomes their idol, and they fail

to see that mere brain-power is of little service if it is not used

for some great purpose, and if it is not inspired by moral and humane

sentiments. Grotius avoided this course; he was anxious for active

life, and wanted to join in and help his country and humanity in

some practical way. He had avoided becoming a prig, a prodigy, or a

bookworm, and when he took up the career of a lawyer he also avoided

using his rapid promotion for the purpose of money-making and personal

success. His extraordinary talents were like the spreading sails of a

ship. They might have capsized him if he had not had plenty of ballast.

How little he thought of fame and applause, and how he worked for true

knowledge and in order to prepare himself for the future, is shown by

the discovery at The Hague, two hundred years later, of a manuscript

of a big book written by him when he was twenty-two, but never

published. One of the chapters of this book he issued as a treatise

under the title of “Mare Liberum.” It was an argument against the

claim made by some nations, specially Portugal at this time, that the

seas could be owned by a nation, and that no other nation could fish

in them or navigate them without her permission. Grotius maintained

the freedom of the seas was necessary to enable nations to communicate

with one another, and it could not be taken away by any power whatever.

James I very much disapproved of this book, as he thought it interfered

with the rights of Great Britain. He ordered his Ambassador in

Holland to take measures against the author. But as nothing could be

done, the King instructed the great English lawyer, John Selden, to

write a reply, which he did in a learned book called “Mare Clausum.”

But Grotius really had the best of the argument, and his view was

eventually adopted.

Grotius, who had now gained an international reputation, was

given various high appointments, such as Public Historiographer,

Attorney-General for the province of Holland, and councilor of

Rotterdam. He went to England and was received by the King with the

greatest cordiality, in spite of the recent dispute. He made many

friends in England, notably with the celebrated scholar, Isaac

Casaubon, who expressed the highest opinion of the great Dutchman in a

letter written in April, 1613. He says:

I cannot say how happy I esteem myself in having seen so much of one

so truly great as Grotius. A wonderful man! This I knew him to be

before I had seen him; but the rare excellence of that divine genius

no one can sufficiently feel who does not see his face and hear him

speak. Probity is stamped on his features; his conversation savors of

true piety and profound learning. It is not only upon me that he has

made this impression; all the pious and learned to whom he has been

introduced here have felt the same towards him; the King especially

so.

Grotius returned to his country, where serious trouble awaited him.

The cause of it all was, to begin with, a religious squabble between

two sects, the one followers of Arminius, who believed in free-will,

the other followers of Gomarus, who believed in predestination. This

senseless dispute on a question which can never be settled—that is

to say, whether man is free to shape his own destiny or whether his

acts are all fated beforehand by God—was only an excuse for a quarrel

between the more bigoted and intolerant religious sects who sided with

Gomarus and the freer and more broadminded who followed Arminius. The

whole country was convulsed by the controversy. The Arminians drew

up a Remonstrance, which was answered by a Counter Remonstrance, and

the Parliament issued an Edict of Pacification, urging tolerance and

forbearance, which was largely due to the influence of Grotius.

Advantage was taken of this disturbance by Prince Maurice of Orange,

the second son of William the Silent. He was an accomplished soldier,

but a weak and untrustworthy statesman, and thought it a good

opportunity to assert himself and satisfy his personal ambition to

become a monarch. He undertook what he was pleased to call a pacific

campaign, and seeing that the Gomarists were more popular than their

opponents, many of whom favored a republic rather than a monarchy, he

practically took their side.

Olden Barneveld, the Grand Pensionary, who now led the opposition

to the Prince, is one of the notable figures in the history of the

Netherlands. He was an old and experienced minister, a true patriot,

a humane and broadminded man, who had rendered the most distinguished

service to his country. The Gomarists sided with the Prince, the

Arminians with the Grand Pensionary. Grotius unhesitatingly followed

Olden Barneveld, and struggled with all his great powers for peace

and toleration. He had conferences with Prince Maurice, headed a

deputation, made eloquent appeals, but all in vain. The Prince

continued his campaign, the civic guards were disarmed and disbanded

wherever they resisted him. Barneveld and Grotius, and also Hoogerbertz

of Leyden, who had joined them, were arrested and taken to the castle

at The Hague. Barneveld, now an old man of over seventy, was subjected

to twenty-three examinations, during which he was neither allowed to

take down questions in writing, to make memoranda of his answers,

nor to refer to notes. In spite of his reputation, his services, and

his advanced age, he was condemned to death and executed. From the

scaffold he cried to the spectators: “My friends, believe not that I am

a traitor. I have lived a good patriot, and such I die.” Grotius was

condemned to imprisonment for life and his property was confiscated.

Their followers were seized, imprisoned, or banished to neighboring

countries, just as the Puritans were driven from England and the

Huguenots from France.

It was in June, 1619, that Grotius was shut up in the fortress of

Louvenstein; he was only thirty-six, and he had no prospect now before

him but that of lifelong captivity. Eleven years before he had married

Marie Reigersberg, a lady of great intelligence and high character.

She now stepped in, showed wonderful ingenuity, and played a very

courageous part in her husband’s fortunes.

Pressure had been brought to bear on her after the execution of

Barneveld. The scaffold on which he had been executed was left standing

for fifteen days, so as to frighten the other prisoners. Grotius’

wife was specially urged to get an acknowledgment of guilt from her

husband and solicit a pardon for him, and promises were held out to her

of a favorable hearing on the part of the Prince of Orange. But she

stoutly refused to cast this dishonor on her husband, and with fierce

resolution declared: “I will not do it—if he has deserved it, let them

strike off his head.”

In the prison of Louvenstein Grotius found consolation in his studies.

He never yielded to despair, but occupied his whole time reading,

composing, and translating. His devoted wife, after several petitions,

at last received permission to share his captivity, on the condition

that if she came out she would not be allowed to return. She made

friends with the jailer’s wife and others who might be of use, and

after nearly two years she thought out a method of escape. The prisoner

was allowed books. These were sent in a large chest, and those he had

done with were sent back, together with his washing, to Gorcum. After a

time Marie Grotius noticed that the warders let the chest pass without

opening it. One day she persuaded her husband, after much entreaty, to

get into the chest, in which she had had some holes bored. She locked

it up and asked the soldiers to come in and carry it out as usual.

It was a great risk, for she must have known that, had her plot been

discovered, she and her husband would suffer heavy penalties. She must

have exercised great self-control to prevent herself showing any sign

of agitation or excitement. The soldiers complained that the chest was

unusually heavy. “There must be an Arminian in it,” said one of them

jestingly. Madame Grotius replied calmly, “There are indeed Arminian

books in it.” There was a river to be crossed, and the chest was put in

a boat. The soldiers declared it ought to be opened, but a maid and a

valet who were in the plot managed to prevent this. The precious load

was to be taken to the house of one of Grotius’ friends in Gorcum. But

if it was to be heaved about like ordinary luggage, what would happen

to the unfortunate captive inside, who was terribly cramped as it was?

The maid had great presence of mind, and told the people on the shore

that the chest was full of glass, and must be moved with particular

care. So they got a horse-chair and shifted it very carefully to the

appointed place. Grotius’ friend received the chest, and after he had

sent all his servants out on various errands, opened it and greeted the

escaped prisoner with open arms.

Grotius declared he was none the worse for the adventure, although he

had naturally felt anxious lest he might be discovered. There was no

time to be lost; he disguised himself as a mason, carrying a rule, hod,

and trowel, and went out of the back door, accompanied by the maid, who

did not leave him until he had reached safety. Then she returned to his

wife and told her how successfully the plot had worked. Marie Grotius

immediately informed the governor of the prison that her husband had

escaped. She was placed in close confinement, but after a few days, by

order of the States General, she was released and joined her husband,

who had gone to Paris after spending a day or two at Antwerp.

On arriving in France, Louis XIII gave Grotius a cordial welcome,

and a high pension was conferred on him. French pensions were easily

granted, all the more so as they were rarely paid. It was in France, at

the château of Balagni, which had been lent to him, that Grotius gave

final shape to the great work of his life, the book on war and peace

which I have already mentioned. A man treated as he had been might

have been tempted to indulge in an attack on the authorities; he might

have occupied his time satirizing his enemies and scoffing at the many

signs of human folly he saw around him. But he did nothing of the sort.

After writing an apology defending himself against the charges brought

against him, he worked day and night to reconstruct, reform, and

improve the foundations of human society. The book brought him in no

profit whatever in the way of money, but it brought him reputation so

widely spread and of such a lasting nature as no other legal work has

ever enjoyed. He did not contemplate immediate success, but even so, he

said, “ought we not to sow the seed which may be useful for posterity.”

But Grotius and his wife were very badly off, as the pension was paid

irregularly. Cardinal Richelieu wanted to make use of his talents,

but the terms he demanded, which would have deprived Grotius from

having any freedom, prevented any such arrangement being possible.

Accordingly, the Cardinal made things uncomfortable for him, and

Grotius decided once more to attempt to live in his native land. But

his reception in Holland was anything but cordial. His enemies were

active, and the States General offered a high reward to any one who

would deliver him up to them. So again he became an exile, and took

refuge this time in Hamburg. He hoped his countrymen might return

to reason, and so refused flattering offers made to him by the King

of Denmark, by Spain, and even by Wallenstein, who was practically

dictator of Germany.

Rebels and Reformers: Biographies for Young People · 第 7 / 17 段