Johan Van Oldenbarnevelt - Arrest and Trial

Arrest and Trial

On 23 August 1618, by order of the States-General, Oldenbarnevelt and his chief supporters, Hugo Grotius, Gilles van Ledenberg, Rombout Hogerbeets and Jacob Dircksz de Graeff, were arrested or lost their political positions in government.

Oldenbarnevelt was, with his friends, kept in strict confinement until November of that year, and then brought for examination before a commission appointed by the States-General. He appeared more than 60 times before the commissioners and the whole course of his official life was severely examined. During the period of inquest, he was neither allowed to consult papers nor put his defense in writing.

On 20 February 1619, Oldenbarnevelt was arraigned before a special court of twenty-four members, only half of whom were Hollanders, and nearly all of whom were personal enemies. This ad hoc judicial commission was necessary, because, unlike in the individual provinces, the federal government did not have a judicial branch. Normally the accused would be brought before the Hof van Holland or the Hoge Raad van Holland en Zeeland, the highest courts in the provinces of Holland and Zeeland; however, in this case, the alleged crime was against the Generaliteit, or federal government, and required adjudication by the States-General, acting as highest court in the land. As was customary in similar cases (for instance, the later trial of the judges in the case of the Amboyna massacre), the trial was delegated to a commission. Of course, the accused contested the competence of the court, as they contested the residual sovereignty of the States-General, but their protest was disregarded.