We may judge to what length his enemies carried their blindness and fury, by the following passage related by Selden[93]. When Grotius was arrested, some who bore him ill-will, prevailed with Carleton, Ambassador from Great Britain at the Hague, to make a complaint against his book Of the Freedom of the Ocean: the Ambassador was not ashamed to maintain that the States ought to make an example of him, to prevent others from defending an opinion that might occasion a misunderstanding between the two nations. Carleton and his advisers were the dupes of this contemptible step: the States General paid no regard to his complaint. The proposal was shameful in itself. Could they think that it would be made a crime in Grotius to have written a book, dictated by his love to his country, and deserving a recompence from the States to whom it had been of great use in the dispute with England concerning the right of navigation?
At the first examination which Grotius underwent, he answered[94] that he was of the Province of Holland, Minister of a city of Holland; that he had been arrested on the territories of Holland; that he acknowledged no judges but that province, and was ready to justify all he had done. He maintained that the States General had no jurisdiction over him, and consequently could not nominate his Judges. He alledged also the privilege of the citizens of Rotterdam and demanded permission to set forth his reasons before the States of Holland and the States General; and that the validity of his objections might be determined by Judges of Holland. All these things were denied him. They insisted that he should plead: he protested against this violence; but this did not hinder them from proceeding against him, in contempt of all forms. He had been allowed the use of pen and ink[95], but, after his first examination, they were taken away.
The rigour and injustice, with which he and the other prisoners were treated, are scarce conceivable. He tells us, that when they knew they were bad, they chose that time to examine them; that they did not give them liberty to defend themselves; that they threatened, and teazed them to give immediate answers; and that they would not read over to them their examinations. Grotius having asked leave to write his defence, they allowed him for that purpose only five hours, and one sheet of paper. He was always persuaded, that if he would own he had transgressed, and ask pardon, they would set him at liberty: but as he had nothing to reproach himself with, he would never take any step that might infer consciousness of guilt. His wife, his father, brother, and friends approved of this resolution[96].
On the 18th of May, 1619, the Commissioners pronounced sentence against him, which we shall give at length.
“Whereas[97] Hugo Grotius, who was Pensionary of the Magistrates of Rotterdam, and at present a prisoner before the Commissaries appointed by the States General to try him, has acknowledged without being put to the torture.