Aet. 49 A o. 1632
So [...]ld by Io: Walker Tho: C [...]ss sculpsit
A TREATISE OF The Antiquity of the Commonwealth of the BATTAVERS, which is now the HOLLANDERS First written in Latin by HUGO GROTIUS, Advocat Fiscall of Holland, Zealand, and Westfriesland, &c. And afterwards Translated into the Netherlandish Dutch, and perused by the Author himselfe. And now again Translated out of both the Latin and Dutch, into English, By THO. WOODS, Gent.
LONDON, Printed for Iohn Walker, at the signe of the Starre in Popes Head Alley. MDCXLIX.
To the most famous and Illustrious Lords, my Lords the States of Holland and West-freisland.
NOble and mighty Lords, I present unto your Lordships a little Book; or rather it presents it selfe, which though the quantity thereof [Page] bee very small, yet being of a great quality, and altogether appropiate unto your Lordships; for it maintaineth your command, your Right and Soveraignty. The scope and drift thereof is to demonstrate and prove, (as it were cursively, and running over the times past, even from the beginning of this so famous Nation, unto this very present day) how that the chief Soveraignty of the publike affairs, hath ever had place in the principall of the two States, which were then the Battavers; but now are the Hollanders and the West Freises. The which Soraignty through a long continuall [Page] consequent Succession, is now at this present established in your Lordships.
This Soveraignty and power of the States hath been the foundation of the Commonwealth, the harbour of perfect moderated equity, and the bridle of the Principalities prodigality.
This power in former times hath been a terror, and for feare thereof, even the chiefest Commanders, and those Regents of the State of the Land, have willingly submitted their magnifience thereunto; yea, whether they were Kings, or Generals, or those which in these latest times were [Page] called the Earles thereof.
The very Lawes and Priviledges thereof, which are holy and unviolable, have likewise also continually been preserved safely in the custody and possession, and as it were in the bosome of the States.
By the resolutions of their Lordships, is that Liberty, (which in former times the Hollanders have had, and is now againe so farre famous) sailed through those mighty raging tempests, even unto these happy dayes and times.
For what greater dangers could have hapned to any for their Liberty, then that which hath hapned unto them? as [Page] first, that the Romish power, and afterwards that of the Spanish power, which is the next unto the Romish, or else according unto their own opinion farre greater then the Romish, power it self was.
Yet neverthelesse, that Liberty hath wrestled and strugled it self through both of those hideous dangers; and when they were enforced to take Arms, They first opposed against the violence of their Oppressors, the reasonablenesse of their Cause, a good politick Order, and an invincible courage.
The happy event thereof hath declared it self at two severall [Page] times unto the admiration of all Nations, upon the face of the Earth, and with the Warre is the fame and power thereof encreased, even as it pleaseth the wisedome of God, commonly first to prove and assay those with great travels and dangers, whom hee will afterwards advance to great honours.
Under the condition of those same Lords and Governours, hath ever appeared that great fidelity of the Battavers, which was never lesse then the valiantnesse of their deeds in Warre; which fidelity the Romans can sufficiently testifie of, in the times [Page] of your Lordships Predecessors: And the Neighbouring Kings doe now acknowledge the same in your Lordships: And not only they, but also even those which are our Antipodes, and which behold another Firmament and Stars.
The recitation of all which things according unto their deserts, would be matter for the furnishing of a great History.
It may suffice for this present, shortly and summarily to relate the Antiquity of this Government which hapned under the Government of the Nobles or States, the labour whereof I doubt not but it [Page] will be profitable for the Inhabitants, and very acceptable unto Strangers; for although it be very true, that which in old time was reported of Alcibiades and also Augustus, which is, That a good Subject is bound to defend the present estate of the Common-wealth, and to seek for no Alteration▪ Yet neverthelesse, we desire and more earnestly affect such a kinde of Government, as we our selves enjoy, and besides we perceive hath been pleasing to our fore-fathers, whether it be as the best in it self, or whether it be that which is most convenient for them, the which our Fathers have maintained [Page] and defended even with their dearest lives, having left the same as their own proper inheritance unto their succeeding posterity.
Hereunto may also be added, that in all matters Antiquity is much respected, and of great worth; yea, so much esteemed, that they of Marseilles, whose Common-wealth is anciently reported to be so exceeding famous, and for which they are so highly commended, that they even from the first foundation of that City, have themselves used the sword for the execution of Justice upon Malefactors; shewing thereby, that also [Page] even in the smallest matters, all the least points of Ancient Custome ought to be maintained: for Antiquity in some respects commeth nearest unto God, by way of resemblance that it hath with Eternity.
From whence also it proceedeth, that in our hearts, there is bred a reverentnesse and respect unto Antiquity; which Antiquity in the Common-Wealth ought much more to bee had in estimation, rather then in the persons of men, in regard that in the persons of men, which are mortall, their Antiquity or Antientnesse is a sign of their [Page] approaching Death: But Antiquity in the Commonwealth being once settled and grounded upon hope of never to die, doth beget from time her vertue and force, and becommeth the more old the more able; for continuance is an infallible demonstration of a well framed policy: from hence proceedeth an assurance and affection unto the Government, even from the very hearts of the Inhabitants. And this is the very principall occasion of the continuance and standing of a Commonwealth, because that in former times it so continued.
It was also reason that I had [Page] some respect unto Strangers, to the end that those which are exceeding desirous to be informed of the state of this Common-wealth, by reason of the greatnesse of those famous Acts atchieved by the same, might not only know the estate thereof as it is at this present, but also in what estate the same hath been in times past.
Also taking away an abuse which oftentimes proceedeth from names that are alike, in matters that are differing; for the Princes themselves were not alwayes alike, nor yet the States neither; for sometimes the Chief Power and Soveraignty [Page] was in the person of one man; but then the counsell and advice for the effecting of businesses was in the persons of many. At other times the Soveraigntie was in many, but the Administration in the person of one man. At some times the Lawes were subject to the Prince; at other times the Prince subject to the Lawes: All which, if a man will deliberately ponder, hee shall easily find, that that Commonwealth which is at this present among us, hath not had its begining now of late, but that the very same Commonwealth that in former times hath been, is now made [Page] more manifest, and appeareth more cleare and evidenter then ever before. For like as a house may continue standing though some parts thereof be altered and changed: but if the foundation bee overthrowne, it cannot continue standing; Even so, the altering and changing of names and Offices of some Magistrates, doth not make presently another Commonwealth, in regard that the principall Power and Soveraignty, and as it were the very soule of that whole body which hath its being, moveth and keepeth together, and doth remain and continue one [Page] and the very self-same.
It remaineth then, (Noble and most worthy Lords) that we pray unto the Lord God, who is the establisher and maintainer of this State, That it will please him to defend and maintaine that Liberty, the which is not so much defended by your especiall providence, and the worthy valor of the Burgesses and Souldiers, as it hath been hitherto, and is yet defended by his heavenly assistance, and may yet extend it selfe for many yeeres to come; and GOD grant, that it may continue among us, and be made our owne, even all these blessings [Page] that we now at this present do enjoy; but before all things grant us as an assured pledge of the common Tranquillity, Piety, Equity, and Vnity; thus prayeth he who is
[Page 1]A TREATISE OF The Antiquity of the Common-Wealth of the Battavers, which is now the Hollanders.
The first Chapter. What a Principality is in a Government of Nobles; And what they be that are called States.
ALI Nations are governed, either by the Common People, or else by the Nobles, or else by one Man only. The Government of the Nobles is [Page 2] either with a Principality, or else without a Principality: I call that a Principality, which is a more excellent and eminent Authority in the person of one man only, being limited by the Power and Laws of others: By which markes this is different from that which is called properly a Regall Authority. And for this occasion, it is that Tacitus maketh mention, how that Piso had reported of Germanicus, that hee was the sonne of a Prince of the Romans, and not of a King of the Parthians. And Suetonius reporteth of Caligula, that it wanted but a very little, but that he had transformed the shape or frame of the Principality into a Regall Authority; even as Caesar also reporteth of the Father of Vercingetorix, that he being a Prince of the Walloons, for divers Considerations suing to have brought the same to a Regall [Page 3] Authority, was made away by the Burgesses. And Pliny speaking of Trajan, reporteth that hee possessed the Seat of the Prince, because that there should bee no place for a Lord: Yet neverthelesse, the Principality being improperly spoken, is called a Regall Authority. And in like manner (saith Aristotle) it was in the dayes of the Worthies, that the Regall Authority had his originall beginning, and that when as the People having gotten and received any exceeding great benifit from them, their Parents or Ancestors, as for example; By whom they had gotten and obtained good Lawes, or by whom in time of Warre they were protected and defended, them they gave the ful Authority of the War, with the power of judging of the Affaires: which Regall Authority [Page 4] hee reporteth to bee over them that voluntarily consented thereunto, and were also limited with Lawes: The same also reporteth Thucidides, that amongst the Greeks the Authority of the Kings is the most Ancient, the which descended from the Parents unto the Children by Succession, being clad with certain Titles of Honour.
From whence then appeareth, that in the Government of the Nobles, the Principalities were distributed according to the order of the kindred; from whence we have an excellent example from them of Lacedemonia: Moreover, the Nobles in whom the Soveraignty consisteth, doe give their voyces▪ either each of them apart, like as the Venetians doe, or else in the behalf of any Society; which Societies are either of one, or else of divers sorts: Those that were of [Page 5] one sort, were like unto those of Achaia, whose Convocation consisted of the Deputies of the Cities. The other which were of divers sorts, were of the Burgesses, and of the Societies consisting of the Burgesses, arising from the diversities of the Qualities, according, unto the which, some of them were ordained to the Government, some by one meanes, and some by an other meanes: And for this occasion, those same Qualities; and also those Societies themselves were called by the Latins, Ordines; which in Common Language wee doe usually call the States: Which States Hippodamus made of three sorts, as, of the Artificers, the Husbandmen, and the Souldiers. Plato made, the Survayers, the Souldiers, and the Husbandmen: The Egyptians made the Priests, the Souldiers, and the Tradesmen: The old Walloons [Page 6] made, the Druides, the Horsemen, and the common People. So that oftentimes the Nobles then were different, and apart, in respect of the States: Those that have then the chief sway in the Government, wee call a Government of States: Like as at this present in Germany, where the chiefest sway consisteth together in the Princes Electors, the Princes & the Cities. If in case then that this Authority of the Nobles, being united together with the States, whereunto also appertained a lawfull Principality, then such a Government must bee esteemed for the most choyse and best tempered Government. For, since in all matters mediocrity is most commended; and that mediocrity is nominated sometimes from that which is separated from both the Ends, and sometimes from that which is partaking [Page 7] of both the Ends; so that then it appeareth, that this Government in such manner, is placed between the Regall Authority, and the Authority of the Common People; so that it avoideth the evils of both of them, and draweth unto it selfe from, them all which is good after it. For first of all, since that it tolerateth not all things, neither only one man to govern, which is subject to many errours, not yet the Common People who are ignorant; so that by this meanes without all doubt much danger is avoyded.
Again, in regard that a Regall Authority is commended, in respect of the exceeding Majesty and Dignity thereof: And the Authority of the Common People commended, in respect of the equall Liberty: Yet the Government of the Nobles, obtaineth that exceeding [Page 8] Majesty and Dignity by the Principality; and also giveth as much equall Liberty as is convenient, when as they (unto every one that shall endeavour himselfe thereunto, of what state soever he be, by his good parts & demeanors, and by making themselves a fortune thereunto) doe bestow upon such, both the highest Offices, and also the partnership of the Soveraign Authority.
This then being set down as a Preface, to the end, that that which followeth and shall bee spoken hereafter, bee not mangled and spoyled; there remaineth now, that wee diligently make enquiry, in what state the Government of the Battavers hath been, even from the very beginning of this Common-Wealth, to this very present.
And in the doing whereof, if in [Page 9] case my arguments bee not so absolutely perfect, as if I were in handling the History of the Grecians, or of the Romans: yet let no man marvell thereat, since that the ancientest Antiquities of the Germans are not known unto us no otherwise, but by the Writings of the Romans, who took very little care in the Registring of the Affaires of Strangers: And that also even after the fall of the Romane Empire, the Acts of our Nation, like as also the greatest part of all others, of those times, are so exceeding obscure, and also very many of them so involved in many untruths and mear fables: And also that for a long time after, and even untill now, very lately, is there risen up but few of good understanding that have endevoured to propagate the Fame of the Acts of the proceedings unto Posterity: Especially, [Page 10] also, because that for a long time, the very Charters and Records doe make no report of any thing unto us: And for this occasion, the Reader must take in good part, and be content with that rough hewen and unpollished portraiture of the Government that is described; and not expect a perfect, curious, and polished representation thereof: and must doe in this, that which a Judge ought to doe in matters that exceed memory; as namely, that he shall not so curiously and precisely urge testimony from every moment of time to time, but the beginning and the end being proved, hee must imagine with himselfe, that the time betwixt both was conformed unto the ends, if the contrary doe not appeare.
The second Chapter. In what Estate the Commonwealth of the Battavers, was at the Originall beginning of this People.
IT is then certain, that the Battavers, which before were a part of the people then called Catches, which now are called Hessens, as Tacitus testifieth; As also, the coherence of the names of the Battavers with the Hessens, and the names of the Catches with the Battavers, is an infallible mark and token thereof: And that long before the time of Iulius Caesar, yea, peradventure some hundred years before, they being removed and come unto the place which they now inhabite, that is, into an Iland [Page 12] which was invironed about with the great Sea, and the River Ryne; and the next place unto their shore upon this side of the Ryne, was that which is called the River Wall, or the Belgian border: And that then these places (as Tacitus reporteth) being unhabited, and then by them taken in and possessed, appertained most justly and rightly unto them, according to the most reasonable Law of Nature, even like as those goods which have no Possessors, doe properly appertain unto those which are the first Possessors thereof. So is this then the very first and absolute perfect beginning of a free Government, as being established by a people of a free originall beginning in a free Land.
What manner of Government they then used, Strabo sheweth, who sayth, that the Celtes were altogether addicted to the Goverment of [Page 13] the Nobles; for when as the Greeks call them Celies, they comprehend therein as well the Walloons, which were then Neighbours unto the Battavers, as the Germans, whereof the Battavers were the most famous, if wee will credit Tacitus and Plinius. And as concerning the Walloons, Ambiorix sheweth what manner of Government they had before the Conquest of the Romans, where hee sayth, That the command of the Prince in that place was such, that the multitude had no lesse sway over him, then he had over the Multitude; now in this place, the word multitude is not to be understood for the base Commonalty, but for the assembly of the choycest of each Nation; even as we finde many Examples thereof in Caesar: and Caesar himself sheweth, where he sayth, that the Common [Page 14] People amongst the Walloons were of no respect nor account, and that they were never admitted to come into any Councell; but that all their Authority was in their Druides and Horsemen. That also the Germans from all Antiquity, did not live under the Authority of one only person, but of many persons. Tacitus sheweth the same in that place, where he speaketh of the Ancient Warlike Expeditions of the Germans; saying, That the Germans were more furious, and more earnest to maintaine their own Liberty then the Kings of the Parthians were.
And Lucanus maketh mention of them, they complayning after this manner, in these words:
Whereafter also this followed:
In which places, what is meant by this word Liberty; the proper exposition of the word King or Regall Authority doth sufficiently expresse, as that which is opposite unto Liberty: like as the Annals in the beginning doe affirm, saying, The City of Rome at the first beginning, was governed by Kings; But Lucius Brutus brought in both Liberty and Consulship.
[Page 16] And like as these things generally did concern the Germans, even so Civilis, who was a Battaver himselfe, doth approve that only these did properly appertain to the Battavers: And in his Oration which he made, exhorting the Walloons to their Liberty, viz. where he sayed, Let them of Syria, and Asia, and the Easterlings be in subjection, which are accustomed unto Kings; whereby hee sheweth sufficiently, and gave them to understand, That like as the Easterlings are much addicted to have Kings, that by that meanes the Battavers might have a loathing of such a manner of Government. Yet some men may think that this contradicts that same which is spoken of Civilis in another place, who was himselfe of the Royall blood. Whereunto may be added, that which Strabo reports of one Veromerus, who had [Page 17] been a King of the Battavers, like as also Ammianus Marcellinus, who also makes mention of other Kings of the Battavers.
There is nothing more certain, but that these Kings, such as the Lacedemonians had, only Kings in Name, not in very deed, were no other but the chiefest amongst their Nobles. This Tacitus plainly proveth, where he sayth, That the Germane Kings had not a free and unlimited power; and sayth further, that in their Convocations they were heard more with Authority to Counsell, then with power to Command. In like manner speaking of the Frieses who were an Antient Neighbouring Nation of the Battavers, when he had sayd that they had Verritum and Malorigem to their Kings, added very discreetly thereunto, for as much as the Germans were governed [Page 18] after a Kingly manner. Also where he describeth the Goaths, he saith, That they were governed more neare unto a Kingly manner, then all the other Nations of the Germans; Yet neverthelesse, not exceeding their Liberty: And shewing that they of Sweathen having altogether another nature of Government, otherwise then the Germans have, he saith, So that one man only hath the Authority over them without any exception, and that they, Volens, Nolens, must obey him.
And also the Germans had not all of them, nor yet at all times, such like Kings, but sometimes onely Generalls. Tacitus maketh a plain and evident difference between these two, saying, That they made them Kings that were of the highest descent of the Nobility; but the Generals, according [Page 19] to their valour and vertue. Caesar also saith, that the Germans in the time of peace, had no common Generall; but that they were chosen, that should be their Generals in Warre after such a manner, that their Authority had the Power of punishing with life and death: So that sometimes (though seldom) there have been Kings, but oftentimes Generals, the which were chosen for every expedition; like as Civilis himself was chosen by the Battavers; and before his time Cariovalda, and afterwards others.
The Authority of the Generals was of no force, but in the Warres; But the Authority of the Kings had a farther extent, of rather was herein greater, that it still continued: And yet each and both of these Authorities were neither of them infinite nor unlimited; [Page 20] from whence followeth necessarily, that they were both of them bound in with certaine limits and restrictions.
This limitation proceeded either from the Law, or from some other Authority: The Law hath his certaine exceptions, as Tacitus so cals it; but the Authority of many joyned thereunto, doth make that that one hath his Authority only by toleration, and not by his own right.
The Lawes were not contained in writings, but were kept and maintained (as being holy) by memory and custome, like as it was accustomed among the Lacedemonians.
Now in what manner, or how farre, or after what sort, those Limitations of the Battavers did extend in Limiting the Authority of their Kings and Generals, it would [Page 21] bee very heard to repeat: Yet it is credible, that the very same was not much different from that which hereafter in the sequell we shall heare, was used in the dayes of the Earls, the which but of late years was begun to be registred. And to produce proofes, that the Battavers descended from the Hessens, which was the most provident Nation of the Germans; and who did excell in the knowledge of commanding and obeying; which Tacitus affirmeth in these words, saying, They set over them, him, whom they had elected, and obeyed him whom they had ordained.
Moreover, I never heard or found, that any one Nation either in private or publique matters, did so constantly hold and stick together in maintaining the Laws and Customs of their Ancestors, [Page 22] in such sort that it may justly bee sayd of them, That good Customs were of greater force there amongst them, then in other places good Laws were unto others: For example thereof, take the Custome of the Hessens, when as they did weare the hair of their heads and beards so long, and binding themselves with an Oath, not to change the deformity thereof, before they had overthrown their Enemies. For the remembrance and performance of which Custome, take Civilis himself who was a Battaver, as Tacitus saith, who first cut of his long golden yellow coloured hair, when as he had defeated the Legions: And it is manifest, that there have been such in the beginning of these last Warres which lately ended, that used the very same, maintaining the Custome in that particular, which they had from their Ancestors.
[Page 23] Tacitus saith, that their Companies and Squadrons were not erected and made by Chance, as taking whom they could get, but it was by kindreds of Consanguinity, and Alliance. There is yet to bee found in many Cities of the Battavers, even in these dayes, such Companies and Squadrons, consisting of Friends and Neighbours, being a Custome exceeding all memory.
By the old Germans, the women as soone as they were married, were exhorted and instructed, that they were come thither to be as Companion to their Husbands, in all paines, and in all dangers; and that shee must endure and suffer all things with her Husband, whatsoever happened, whether it were in time of Peace or Warre: from hence it proceedeth that the Battavers, even to this very present [Page 24] day, doe hold their goods common between bed-fellows, that is man and wife.
They doe make their drink of Malt, which is made of Corn, very like unto Wine: They do weare very streight Cloathes girded to their loynes.
They doe make their habitations in the fields; and every man his own Possession hedged in, which are altogether old tokens of the Germans.
That which Tacitus reporteth of those deadly feuds, which were once begun amongst any of the kindreds by any other, that the reconciliation was to be made even unto that whole kindred: And that the parties were to bee reconciled sitting and eating togegether at one Table; and that one part of the Reconciliation-money should be payed to their Lords, or [Page 25] put into the common Purse, and the other part should bee payed unto him that was injured, or unto his friends. Which Customs have been continued, and yet still doe continue, excepting that above a hundred, or two hundred years since, those deadly feuds which were amongst the kindreds, were prosecuted more furiously and more openly.
Tacitus sayth, that amongst this People was a Custome, That every man for his own part, man for man, brought some of their own Cattell unto their Prince, which he received of them as a gratuity, keeping the same for his proper use, from hence did the Tythes proceed.
Lastly, their manner of chusing their Generals, is expressed by the example of the Kennemers, who being a part of the Battavers, did after [Page 26] this manner elect one Brinio, being very nobly, descended for their Generall; as namely, They set him upon a Shield, and according to the Custome of their Nation, as Tacitus saith, They lifted him up, and carryed him upon their shoulders. That the very same manner continued amongst the Battavers and their Neighbouring Nations, even untill the dayes of the Earls, appeareth in many old pieces, which doe manifestly testifie, that before the Battell which happened between the Freises and Earle William, the last of the House of Henault: that there was a Convocation held; and the Freises did this reverence unto their Earl: four of the chiefe of the Nobles of the Freises, did set their Earle upon a Shield, and so carryed him upon their shoulders, and proclaimed, saying: This is the [Page 27] Magnificence of Friesland.
The reasons wherefore that these old Customs were so strictly maintained by these People, as well in particular, as also in publick matters, which tend more to an outward shew, then to any powerfull effect of Government; I could easily perswade my selfe, that even of old time, they have had such Lawes concerning the Government, as the Custome of succeeding times hath declared.
Yet must wee make enquiry, in whom was this highest power or Soveraignty, besides in the Kings and Generals. I finde that by the Germans, excepting the Clergy, that there was two sorts of States amongst them, viz. the Princes, and the Comonalty; now when I speak of Princes, I do not understand, nor mean those, that each of them had their Authority over a whole [Page 28] Nation; like as that name is commonly used, for such Princes were the Kings and the Generals themselves, whereof we have already spoken: But they were such, as that each of them took care for one part of the Nation, which parts being great, were called Quarters, and being little, were called Villages; of which Caesar thus speaketh, They have no common Magistrate, but the Princes of the Countreys, and of the Quarters, doe minister Justice unto them which are under them, and doe decide the Controversies. Tacitus saith, that those Princes doe minister Justice, both in the Quarters and in the Villages. Tacitus also sheweth unto us, that those Princes were usually chosen, where he saith, In that Convocation were also the Princes chosen: But they went so to work, that ever after they had regard unto those [Page 29] that were nobly born, and of the choycest of the Nobility, or rather, the meritorious deeds of their Predecessors being applyed even to their young Youths, did afford them that worthinesse to bee Princes. From whence I believe is come, that those Jurisdictions, both of Quarters and Villages, having long continued in the Houses of the Nobility, are at last become hereditary: By reason whereof, those Princes by the worthinesse of their Offices; their ensuing Posterity afterwards were those which were called Barrons and Nobles: yet the Government was not so much in their persons, that the Common People were held as Slaves, like as the Walloons were in the time of Caesar: But unto each Prince, (as Tacitus testifieth) were adjoyned a hundred men, which were chosen out of the Comonalty, [Page 30] to be as their Companions, serving for Counsell and Estimation.
Those were the Princes that Caesar reporteth, who together with the Officers, divided the Lands into Portions and Pastures: So then were those same Regions governed partly by those which were chosen out of the Common People, and partly by those Princes of each Common-Wealth. And they in this manner governed each of them their Quarters, having (being altogether,) the Soveraignty of the whole Common-wealth, and that by a form of Convocation. Tacitus saith, that of all the small matters, the Princes did consult upon, but the great Affairs were dispatched by the Princes in generall; yet in such a manner, that whatsoever was decreed by the generall Princes, the Comonalty [Page 31] was acquainted withall. He saith, that the Convocations of the Germans was of two sorts, whereof the one was little, in the which, the daily Affairs which often hapned, were decided, and this Convocation consisted only of the Princes: And the other was greater, in whom was the power of deciding even of the most highest and weightiest Affairs; and this consisted of both the States: For whereas Tacitus saith (in generall) that same is not so to be understood, as if every one should come thither, like as it usually hapned upon the Assemblies of the Romans, in such manner, that every man should leave his house and home; for such could not conveniently be amongst so great a popularity; especially, like as the Battavers were, among whom Pliny reckoneth up seven Nations, as, the Battavers, which were properly [Page 32] so called, the Kennemers, the little Freises, the Friesiabonds, the little Cauches, the Tusians, and the Marsacians: Now these altogether were called the Convocation it self, whereunto some persons were sent from each Region and State.
Tacitus expoundeth that same, where hee speaking of the Semnomes, saith, that all the people of one discent assembled together at appointed times, by those that were deputed thereunto, in a wood, the which was sanctified by the old Devotion and Prophecies of their Ancestors. And of the Germanes in generall, hee saith thus, that they assembled upon certaine days, unlesse that accidentally any thing happened which required haste, and was some extraordinary matter. And there after he saith thus, This abuse proceeded of their liberty, that they did not assemble [Page 33] altogether, nor yet when as they were commanded or warned; but oftentimes they let passe two or three dayes before they did assemble; so that then the Soveraignty was in the persons of this Assembly of both the Estates: whereupon he saith thus, Before this Assembly, was any man to be accused and challenged upon life and death. Againe hee saith, In this same Assembly the Princes were elected, and also those hundred men which were chosen out of the Commons, and adjoyned as companions unto them. The Kings themselves and the Generals were heard in this Assembly, (as is before said) more with Authority to counsell, then with any power to command. And although this was common unto all the Germanes, and not appertaining unto the Battavers, as being not able to [Page 34] attaine thereunto; Yet the History of Civilis approveth that the Battavers had this manner of Government, to the end that the wars might orderly be decreed against the oppression of the Romanes; for that end (saith he) hee assembled together the Princes of the Nations, and the ablest of the common people. Wherein appeareth then that the Battavers used the government of Nobles, and yet in such sort, that there was a Principality annexed thereunto, which was either continually under the name of a King, or temporally under the name of a Generall: That also the Nobles were of two sorts, that is, of the Princes, the which were called the first and the greatest: and those that were elected out of the Common people; these two being conjoyntly in the Assembly, had the Soveraignty of the publike [Page 35] matters; but in regard that this same Assembly did seldome meet, the matters were commonly dispatched by the Kings, according to the advice of the Princes.
That also the Government of each quarter was in such manner in each of these Princes which had their owne Jurisdiction, as in those Magistrates which were chosen out of the second State; the which in such a wonderfull musicall consort doth expresse that Government which Plato so much commendeth, in which the Nobles together with the mutuall agreement of the Common People, had the Soveraignty: Yet this must be added hereunto, That in one matter the Battavers doe seeme to differ from other Germans; as namely, That the Germans dwelt all in open Villages, and had no fenced Cities nor walled Towns: On the contrary [Page 36] part, it is apparent, that the Battavers, (as soon as they had Possessed the Iland) made fenced Cities, to the end, that they (not like as other People) might settle their aboad for a short time, but to continue and that in one place: wherof Tacitus saith, because of the convenient and easie accesse thereunto for all commodities, which abundantly might be brought in thither.
For first of all, the great Sea opened a free passage for their trafficque into Great Brittain, and to the Seacoasts of Germany. And secondly, the Ryne, the Maes, and Scheld opened them passages for trafficque into the heart of Germany, and to a great part of the Walloones Countrey. Adding hereunto, that in the time of Iulius Caesar there were very many walled Townes in the Walloones Country, [Page 37] which was a neere neighbouring example for the Battavers. Moreover the nethermost part of the Iland giveth sufficient testimony thereof, which was called Lugdunum Battavorum, which now is called Leyden, and the higher quarter called Battavodurum, which is now called Wyckterduerstede, being both the old names of famous fenced Cities, besides some other lesser Cities, as Grinnes, Vada, Aranacum▪ and other, whereof Tacitus and Pentingerus in their Maps do make mention.
All which if it be so, it is manifestly apparent, that like as these fenced Cities could not consist without Magistrates, that those Magistrates next unto the Princes had very great Authority in their publike Assemblies: And that the simple common people busied themselves, some with tilling [Page 38] of the Land, others with feeding of Cattle, and others with fishing, and with Merchandize, and other occupations belonging thereunto, that they very willingly committed the charge of the Government unto the Magistrates, whereof we now have spoken.
The third Chapter. In what estate the Common-wealth of the Battavers was in the flourishing time of the Roman Monarchy.
WE have already heard after what manner the Government of the Battavers was at the very Originall beginning of that people: But in regard that the Magnificence of the Romanes did oppresse so many other Nations, that they made free Commonwealths to be their Tributary; Provinces. And that they used the very Kings themselvs as instruments of slavery, as some Writers affirm: So peradventure may some think that these Common Lords the Battavers were used [Page 40] after the same manner also; and that the rather, because we read in Tacitus, That the Battavers leaving the land of Hessen to dwell in a place where they should be a part of the Roman Monarchy. But after what manner that is to be understood, the Authors owne words presently following doe declare, where hee saith, that the Mattiacks being neer neighbors unto the Battavers were in the very same custome with the Romanes, that is, to pleasure them; which word doth not appertaine unto a subject, but unto a friend: Adding yet further thereunto, That it so farre extended it selfe, not unto the Monarchy, but to the homage of the Monarchy.
It is manifest that there are two sorts of tolerations; one sort that is equall, and another sort that is unequall: The unequall is, when [Page 41] one Nation is subject under the authority of another; The equall is when as each of these Nations doe continue in their owne priviledges, notwithstanding though one Nation oftentimes be more mightie then the other, although their priviledges bee both alike. Yet oftentimes it commeth so to passe, that those that have the least might, although the toleration be equall, yet neverthelesse very willingly doe certain homage unto those that are the more mightie, and doe endeavour to please them: And in this case it is credible, that the Battavers have done homage unto the Romanes, and yet have not beene subject under their Command.
The word Society sheweth the very same, the which Tacitus useth in the same place, which Society was also honourable; for saith he, [Page 42] they held their reputation, and the tokens of the old Society; for the Society betokeneth an equality of each others priviledges; and so much the more, when as the word of Reputation is added therunto, the which cannot be understood in a Nation which submit themselves unto another, either by yielding, or by an unequall toleration. Yet in another place Tacitus speaketh more clearly of the Battavers, where hee saith, That they being in the Society of such as were more mightie then themselves, were nowhit dismayed at the Magnificence of the Romanes; for as commonly amongst those that are so unequall, there continueth no Society, but rather such a one as the Lion made, whereof the Fables make report, who urged all to that point, that the strongest should have all; wherein he clearly [Page 43] proveth, that the Battavers had obtained this by their undaunted courage and fidelity, that they maintained the Society, that is an equality of priviledge, not onely in words, but in very deeds also.
I will conclude this point yet after this manner, The Nations that were under the Romanes, shewed that they were subject under them by these three tokens; First, that they were under the command of the Roman Magistrates; Secondly, that they were Tributaries; and thirdly, that they payed Toll.
Now concerning the Romane Magistrates, they were never in the Iland of the Battavers; whereupon Civilis in his Oration unto his Countrey men, saith, That there never came so much as a Legate of the Romans unto the Battavers, but they governed their own Common [Page 44] wealth by their owne Lawes, and their owne Magistrates; and in this respect they were never reckoned among the number of the conquered Provinces: For oftentimes Tacitus maketh mention of the Nation of the Battavers, of the Convocations of the Battavers, of the Citizens of the Battavers; by which words he meaneth no other thing, then that which we now a dayes call a Free Government; like as Caesar called the Citizens of of the Swisers that is, the Commonwealth of the Swisers.
Now concerning the Tributes and Tolls, from which almost no Nation is free, although it had bin for no other end and purpose in them, but for this respect, That they enjoyed yet still their owne Lawes as a benefit from the Romanes, yet for all this the Battavers payed nothing at all, neither the [Page 45] one, nor the other. Tacitus saith, they were not upbraided with tributes, nor opprest with the receivers of the Toll. And presently thereafter he saith that they were free and exempt from all Charges and Contributions. Civilis in his Oration unto the Walloons, saith of the Battavers, That they were free from Tributes. And the Battavers themselves speaking of themselvs doe say, that they were not charged with any Tributes. What other Articles there were concerning the tolleration, it were folly to make further enquiry then of those that are manifest, and which the Romanes and the Battavers agreed upon, as, That they should mutually assist each other with men; and for this cause the Battavers which were continually jarring with their Neighbours about their limits, had the lesse need to [Page 46] fear them, because they learned of the Magnificence of the Romanes. And againe, the Romanes perceiving that the Battavers would be a great assistance unto them against the Belgians, the Germans, Brittains, yea even against the whole world, as being such who were the most excellently valorous of all other Nations round about them: and no lesse famous for their Horsmen, Footmen, and Mariners, and aptnesse for all sorts of warre; therefore like as at this instant the Swisers are serviceable to many Kings; even so did the Battavers unto the Romans in those daies, furnishing them with Troops and Companies, the which as Tacitus saith, were governed according to their old Customes by the noblest of their owne Countreymen: This was a great token of their equality, which seldome [Page 47] hapned in the Monarchy of the Romanes, that the Battavers themselves appointed those that should be the Generall, and the Officers of those that were sent to assist the Romanes, and received none from the Romanes: This is that which Tacitus saith, That the Battavers brought onely Men and Armes unto the Monarchy. And in another place he saith, That they were of purpose kept and preserved as a refuge to be chiefly used in Battailes, and were preserved for the warre as Armes and Ammunition. Besides the assistance of men, the Romanes had another as great a benefit of the Battavers, as namely, the use of the Iland, wherein they had not onely certain Garrisons, but also a Fleet upon their Sea oasts, and all other things that were necessary for the provision of their Warre against the Germanes, [Page 48] or the Brittaines. It is without all doubt, but that Caius Iulius Caesar, was the first of the Romanes that invaded these Countries, by whom they were first brought unto this Societie and Alliance with the Battavers; for he maketh mention himselfe of the Iland of the Battavers, and how that he was come so farre where the Ryne and the Maes ranne into one streame, and that he in his Expedition had the Battavers to assist him; the which Lucanus plainly expresseth unto us. Hee himselfe also writeth, that hee had with him Dutch Horsemen, afterterwards also certaine light armed Footmen, which whether they were Battavers themselves, or were among them; and that the rather because that all the rest of the Germanes had a detestable hatred against the Romanes: And Caesar [Page 49] writeth, that those same Horse and Footmen, were levied out of the Common-Wealths, the which hee himself had pacified.
These were they by whose valour principally Caesar conquered the Walloons, as Orosius writeth.
These were they whose shock the Walloons by Noyon could not resist: for this occasion▪ it is that Civilis boasteth himselfe that the Burgondians and the Averginans were daunted by the Horsemen of the Battavers.
These were they that beat back the Walloons, when they Charged Caesar at the Borders of Langres.
These were they that in two severall Battels conquered the Enemy by Ausseis.
By the valour of these were they of Beauvois put to flight: Afterwards concerning the Victory of the Pharsalians, Caesar had promised [Page 50] before, that no other should have the first onset thereof, and the event and successe sheweth the same, as Florus and Dion doe testifie.
These were the very same Battavers, whose Horsemen had that Quality of swimming over Rivers on Horse-back, which no other could doe, and put to flight Ptolomy▪ and the Alexandrians, when they charged Caesar: for which great examples of Courage and fidelity, Augustus Caesar took the Battavers to bee his personall Guard, as now many Kings doe the Swisers, which also the succeeding Emperours have Imitated: Of this mentioneth Dion, Suetonius, Tacitus and others.
Germanicus was exceedingly assisted by these, being under the Emperor Tiberius, in respect of the situation of the Iland, as also by [Page 51] the valour of the Battavers, like as it is clearly proved by the example of the Generall Cariovalda, in the Raigne of the Emperour Claudius, when Plautius was sent into Great Brittaine, That then a great part of that Iland was Conquered by the wonderfull and admirable Stratagems of the Battavers as Dion testifieth.
Againe, under the Emperour Nero, when Suetonius Paulinus governed Great Brittaine by many strategems, was the reputation of the Battavers exceedingly augmented: Shortly thereafter, followed the Civill Warres of the Romanes, whose good or bad successe depended most of all upon the Battavers.
These were they who advanced Galba, and after him Vitellius: The Legions of the Romanes themselves called them the strongest [Page 52] member of their Army, the ablest men, old Souldiers, Conquerors in many Battels: Tacitus saith, That the Regiments of the Battavers, were a great motive unto what side soever they inclined, whether they were with them or against them: And for this occasion, the Vitellians durst not put to death Civilis; least that for the punishing of one man, who was so mighty amonst the Battavers, they might lose the hearts of so valiant a Nation. And Martial speaking of a Battaver, useth the words:
Now sith that the benefits were so many and so great, which the Battavers had shewed unto the Emperours, [Page 53] and unto the Monarchy of the Romans, as that they had such profit by that Iland: That they were so exceeding valorous, and that the fame was so spread abroad of the great ayd that they had received from them, so that it was no marvell that for the space of a hundred and twenty years (for so many years is the reckoning from Caius Iulius Caesar, unto the raign of the Emperour Vespasian) the Battavers still kept their reputation, and their absolute perfect Priviledges of the Society. But when the time came, that the Favours of the Romans turned into an inforcing Taxation, and they not only prosecuted the same with exceeding greedinesse, but also aggravated the same with most detestable and reproachfull Ravishments; the which was in no wise tolerable for a free people to endure: [Page 54] Then did the Battavers that which was lawfull for such worthy men to doe, in taking of Armes, whereby they might defend their Liberty and unspotted Chastity: The occasion whereof, Civilis reporteth, saying, That they were not Esteemed now as Companions, like as in former time they had been, but as Slaves; That they for these occasions, had justly taken Armes against the publick Lords: That Liberty naturally was given, even to the very brute beasts: From the History of which Warre doth appear what love the Battavers had to keep their Liberty; for the which, they feared not to challenge the Romans power, and the fifteen Legions that were quartered round about them: Therefore like as Tacitus saith, the very name of the Romans was expelled out of the Iland of the Battavers; and they [Page 55] were exceedingly had in great estimation throughout all Germany, and the Walloons Countrey, as being the Authors of Liberty. This is also to be considered in the time of that War, that when as the Walloons had generally taken Armes, and were also bound by Oath unto the Legions of the Romans; That neither Civilis himself, nor yet any of the Battavers, were bound with Oath as the Walloons were: That is, because it was not convenient that such a free Nation, and such as fought for their Liberty, should give their Oath unto any other.
What successe and event that Warre had, which the Battavers undertook by the Resolution of both the States, under the conduct of Civilis, against the Tyrannicall domineering of the Romans, is not very manifest, because that Tacitus [Page 56] in his History maketh no mention thereof. But in regard that Tacitus saith, that Cerialis did offer pardon unto Civilis, and peace unto the Battavers; And that Iosephus the Jewish Writer saith, This Warre ended by concluding of a peace; so that I make no question, but that the Battavers were re-established in the former state of the Society: And so much the rather, because that Tacitus writing of the manners of the Germans in the time of Trajanus who was twice Consul, saith, That the Battavers kept their old reputation, and their tokens of the old Society: And in the sequell thereof, sheweth manifestly enough, that after that Warre they were neither opprest with Tributes, nor yet with Toll; but that they kept their Priviledge, only with this Condition, that they should send ayd unto the Romans.
[Page 57] And for a certainty, before that time, in the Reign of the Emperour Domitian, Agricola being assisted by the Battavers, effected strange businesses in Brittaine: Also when as Adrianus was with his Army by the Danow, that also then was there great Service performed by the Battavish Souldiers.
After those times, the Priviledges of the Battavers were so farre from being diminished, that their Reputation was the rather augmented, the which, certain old Titles and Inscriptions, which are yet extant and found amongst us, doe sufficiently testifie; whereof some produce the time of Severus; and others, of Antonius and Geta; for they doe not name the Nation of the Battavers, and the Citizens of the Battavers, not Companions, like as formerly they were called: but call them Brethren and [Page 58] Friends, as well of the people, as of the Monarchy of the Romans; from which name, a certaine Panegyrick Writer, saith, appeareth as well the fellowship as the equality of their worthinesse.
After these times, the Francks began to be known about the Ryne, against whom the Battavers and the Romans had continuall Warres: Oftentimes the Francks invaded the Iland of the Battavers, oftentimes they were repulsed. And lastly, in the Raign of Constantius the Emperour, the Francks trailing the Almans along with them, and the Saxons who were in Confederacy with them, swarming up and down farre and neare, that then Iulianus did so pepper them in a great Battell by Straesburch; for the Victory of which Battell, as Ammianus saith, they may principally thank the valour of the Battavers; [Page 59] for the Horsemen of the Romans being all fled, and the Enemy beginning with their swords to fall to the Execution of their confused Battell; the Battavers came to second and to relieve them in their greatest necessity, they being as Ammianus saith, a terrible multitude of people, they came with their Kings with them: from whence is concluded, that at that very time remained yet the same manner of Government amongst the Battavers, which they had had of old, excepting that they by reason of the continuing Wars, did more use the perpetuall Command of the Kings, then the temporall Command of the Generals. Moreover, that for the time that the Monarchy of the Romans was ambitiously climbing or had any trouble, they never diminished nor detained any Priviledges from [Page 60] those that were their ablest Confederates, not in the least degree, as mear reason can sufficiently approve the same.
And undoubtedly, the cruell Wars with the Francks, which continually endured from the Raign of Valerian, even unto the Monarchy of Iulianus, being a hundred years, gave such a shrowd pul-down unto the People of the Battavers, that by reason thereof, it hapned that the Salians who were one of the principall Nations of the Francks, first invaded a part of the Iland of the Battavers, as I think, that part which is nearest unto Over-Isell, and with the consent of the Romans and of the Battavers kept the same: But when the Quades being a Nation of the Saxons strove to drive them out of their Possession, Then did the Emperour Iulianus, first by Arms defend his new [Page 61] friends the Salians, and afterwards made Peace in such a manner, that he united the Quades and the Salians being the valiantest, the one Nation of the Francks, and the other of the Saxons, into one Corporation and name of Battavers. And hereupon, were certain Legions levied out of these people of the Quades, Salians, and Battavers, to ayd the Romans, who (as we may understand by Zosimus) were all called by the name of Battavers: whence appeareth, That the Battavers being augmented by the increase of other Nations, did maintaine the Priviledges of their Liberty undiminished. But especially about this time, the State of the Romans in great Brittain being very weak and in great danger, they were held up and supported by the Battavers, by whose assistance recovering London, Civilis who was a Battaver [Page 62] and of Royall blood, was then made Governour of great Brittain, as in my opinion, the very name imports so much, being descended from that famous Generall which was in the Raigne of the Emperour Vespasian.
The fourth Chapter. In what Estate the Common-wealth of the Battavers was after the fall of the Roman Monarchy.
FRom these times untill the first installing of the Earls, which was about five hundred years after, the Histories are very defective: And in the meane time, as on the one side, The Saxons, the the Wiltons, the Slavens, and thereafter they of Norway and the Danes, by Invasions and Robberies had done them very much harm; so on the other part it is probable, that while they defended their lives and goods, and amongst many losses, the valour of the Battavers increased; but all the rest is very [Page 64] obscure. Also at this time they did begin to change their names, and the name of Battavia or Betow, being shut up in the highest part of the Iland, kept still that name: And the Battavers whose dwellings were lower in the Iland, began to be called Freises; the which is not to be marvelled at, in regard that in Pliny his time, one part of the Battavers were called little Freises or Frisiabons; and the very same may appeare in the old Superscriptions, That amongst these Battavers which were the Guards of the Emperours, were certaine Frisiabones.
Now it appeared well, that the name of Freises pleased them, either because that same word in that Language is very neare unto Freedom or Liberty; or else, because that the Freises being invironed about with great Lakes and Pooles [Page 65] were not very accessible the reunto, and being the more invincible, were a Refuge unto all other Battavers, which lay more open to the Invasions of the barbarous Nations: And you shall ever finde, that the first Earls were called by no other Title, but of the Freises, before that ever the name of the Hollanders was known: Like as Tacitus at this time, and in former times, makes mention of the Kings and Generals. And Ammianus a little before these times, makes mention of the Battavian Kings; in like manner also it is that the Antient Writers of the French and German Histories, about this time do nominate certain Kings of the Freises, which have held hard War against the Francks; and amongst others, the name of Radbond is very famous, whose head is to be seen in the Castle at Medenblick; after the [Page 66] Kings, you shall finde certain Generals expressed by their names; these were they which were called Potentates.
It is somewhat strange, that which wee read in Procopius, That in the great Sea, about the mouths of the Ryne, that there should be an Iland called Britton, lying opposite against Great Brittain: That the same Iland was inhabited by three Nations, whose names were the Britons, English and Frieses; from whence yearly, many people went to inhabite the unhabited Countreys of the Francks: And that for this occasion, the Francks, although they had no other Interest in that Iland, the which also was governed by their own Kings, yet neverthelesse they endeavoured that it should be said and be believed, that it was subject under them: And hereupon, the [Page 67] King of the Francks sending an Embassador unto Constantinople, unto the Emperour Iustinianus, did therewithall send some of the People of the fore-said Iland, that by that meanes he might have a pretence of Authority over that Iland.
That this Britton was Battavia, or else a part of Battavia, bordering upon the Sea, may with some approbation of the truth be spoken, because there is no other Iland in the Sea, that hath the mouthes of the Ryne in it. And moreover and above, it appeareth that upon the Sea shore of Battavia upon the middle mouth of the Ryne, there stood a House called Britton, whereof yet even in these dayes the remaining Foundations are yet seen; and it is no marvell then that either the House took this name from the Iland, or else the [Page 68] Iland took its name from the house. In the like manner, as with us here in Holland the name of the River hath of old been called the Flie; then after, the House standing therupon got the same name, so that even now the whole Iland is called Flieland; which if this bee true, then was there yet two other Nations which inhabited that Iland, besides those that were born in the Iland, which we have said before were called Frieses, viz. the English, which were an old Germane people, and the Britons which peradventure were inforced by the violence of the Picks and men of Norway to leave their native Countrey, and to seek them a place of a more strong refuge and retreat. It is therefore without all doubt, that the English and Saxons possessed the Sea Coasts which were the nearest unto the Battavers, and [Page 69] that they divers times sayled from thence into Brittaine which is now called England. It is also manifest that Willebord an English man came hither out of England and preached the truth of the Christian Religion unto our fore-fathers in the same language that was then spoken in England. It is also credible, that the Britons betook themselves for their refuge, as well unto the moorish parts of our Countrey as unto the Sea Coast of France, which is now called little Brittaine. But that the Francks striving for the Reputation of their Kingdome, doe affirme that it should have extended so farre, who indeed had no Command over this Iland, or at least, not below Utrecht, the which some doe affirm to be the period of the Kingdome of the Francks, then called Austrasians, which doe very well approve the [Page 70] Liberty of the Sea-bordering Battavers; from whence it is credible, that they were multiplyed from time to time, by the encrease of new Nations. And that they having made peace with the Francks for fear of the People of Norway, and uniting themselves by a fast and sure league, have continued their old manner of Goverment, as well under their Kings, as under their Generals, even to the time of their Earles, whereunto wee now proceed.
The fifth Chapter. In what estate the Common-wealth of the Battavers was in in the dayes of the Earls.
I Will passe by what others have reported of the institution of this Earldome, who therein have followed the Authority of a certaine report but lately risen up, the same being founded upon certain writings, which doth sufficiently confute it selfe: And will only speak of that which concerns my purpose, and as I think is the truth, & that with no small reasons: It is thus then, That before the time of Dederick, who was counted the first of the Earls of Holland, there were in Holland many Princes that had their Authority [Page 72] not over the whole Nation, but each of them over some one part thereof: As those had whereof Tacitus and Caesar doe make mention of: These Princes were called by the names of Graven or Grafiones, which we in English call Praetors▪ and now the Dutch Graven, that is Earls, which is often found in the Germane Lawes: which to speak properly, is nothing else but Judges, from whence we call those that are the Officers and Controlers of the Causies and of those Bancks that doe check the Rivers and the Sea, we call them Dykegraven, that is Causie-Judges or Causie Earls. And with good reason were those Princes so called, because that their Principall Office was as is aforesaid to administer the Law: Now wherefore that these Earles or Judges in former ignorant times, by those that spoke [Page 73] Latine, were called Comites, or Companions, I can finde no great reason for it, unlesse peradventure, because that they together among themselves were all alike of one estimation, respect, and worthiness. And from hence it is, that those Regions, which in old time were called Pagi, that is, great Burroughes or Villages, got the name of Counties or Earldomes. And such an Earldome Walcheren which is an Iland in Zealand hath bin: And likewise, such have been Maesland, Kennemerland, and Texell, being all Regions in Holland, each of them hath been Earldoms of themselves, the which both History and antient Writings testifie. Such also were the fore-fathers of the Seigneors of Wassenar, who were called Burghgraven, that is Castle or Burrough-Earls, who were the Judges of that Castle or Burrough (as it is very [Page 74] credible) in which place is now the old City then called Lugdunum Battavorum, now called Leyden (which was then destroyed by the People of Norway) and also of some part of the Countrey thereabouts, which Seigneors being the Survayers of the Dams & Sluces of the River Ryne, there hath anciently been paid unto them certain Tolls; the which is continued yet to their posterity. At the same time were there certain Cities or Townes in this Land, as Schaffnaburgensis an old Writer nameth Flaording and Rynsburch to be very strong Towns in Freisland; whereunto may bee added Froonley in former times the chiefe City of the Northren Quarter: Dordrecht and Haerlem are of no little Antiquity. The Principall Seigneors aforenamed, and the Magistrates of the Towns (seeing that they were daily incombred with [Page 75] their Enemies the People of Norway, and that now the Enemy was more furious in regard that our Battavers had lately embraced the Christian Religion) held a publick Consultation & Resolution (as may well be imagined) how that they not would content themselvs with certaine retreats, which they had long used against the violence of their Enemies: but also how they might deliver their native Country, both for the present and future time from such unwelcome Guests, whereunto the mutable and temporary command of the Generals was not sufficient; they thought it good after the example of their fore-fathers, who had Kings, yet their liberty not infringed, to ordaine a Prince, over the whole body of the Common-Wealth; which they intituled not with the Title of King, as being such a one [Page 76] as was not employed any otherwayes then in the chiefest and absolute Authority, but entituled him by that accustomed and usuall name or Title of Gravii, that is Judge or Earl, yet with this difference, that he was not called Earl with an addition of any Quarter thereunto, but simply, as being Judge himselfe over the other Judges. Vnto this command (out of all question) he was chosen that was the very principall, both for Nobility and power amongst all other Princes: This was Dederick who in the old Records was called the Freise.
Now that these Battavers which dwelt upon the Sea-side were called Freises, we have shewed already, and the same is manifestly proved with the afore-said place of Schaffnaburgensis.
Iohn Vander Does the Father, [Page 77] Seigneor of Noortwick, a man as exceedingly well known amongst his own people by reason of his Nobility, as also to all others by reason of his Learning, manifestly sheweth (in his books, wherewith hee hath perpetually obliged his Native Countrey by an everlasting benefit unto him) out of Regino an old Writer, that this Dederick had a Brother whose name was Walgar, and that this Walgars and Dedericks Father was one Gerloffe, whom Regino a very faithful French Historiographer affirmeth to have been an Earl of the Frieses. Dederick was then before an Earl, and an Earls sonne, but Earl of some one certain Quarter, and not of the whole Nation, which honour is bestowed upon him principally through the favour and good affection (as may bee well supposed) of the Lords and the People [Page 78] of the Towns. And also because that in the Maps of Vtrecht, there is mention of a Region or Quarter called Holland; so peradventure it is likely to be true, that this same Region was the Earldom of Dederick and his Predecessors: And that thereafter, the whole body of the Common-wealth being concredited unto him, grew into a Community of the same name, to this end, that those Freises which dwelt upon this side of the River Flie, should properly be called the great Freises, only to make a difference between those Freises which dwelt on the other side of the Flie; yet neverthelesse, that part which is next unto the Flie, even to this present day is called West Freisland, the which with Holland maketh a Common-wealth. Vnto this is very conform that which the States of Holland alledged in that famous Controversie [Page 79] which was disputed upon by them and the Brabanders before the Emperour Charles the Fifth, Prince of the Netherlands, where the Brabanders affirmed, that the Emperor Charls the Fourth had granted them a certain Priviledge, that they out of their own Countrey might not be sued at the Law, maintaining therewithall, that it was not lawfull for the Hollanders to proceed against the Brabanders by manner of Arrest after the Hollanders manner. Whereupon the States of Holland shewed to the contrary, That that Priviledge did not concern them, in regard that they and their Earles from all Antiquity had the Soveraignty & all manner of Juridisction without giving any manner of acknowledgement unto any other; And that since the time that Dederick the First, recovered the Land of Holland from the Barbarous [Page 80] Nations, the which was then subject under the power of no King, that the same Earls of Holland at all times ever had the like Authority in their own Earldoms, as the Emperours of Germany or of Italy had in their Empire, without being bound or beholden to any by manner (of Leen,) that is either Free forme or Coppy-hold.
The which may be gathered even from that succession, that the women had in the Earldom; And also from hence, That the Earls have set out great parts of the Earldom, as the Lordships of Foirne, Arckel, and Putten and others, and that even to hereditary Free-farme, or Coppy-hold, without the Consent of any other Forraign Power: Although that the Ordinances of the Germane Empire, with what generall Title soever they might be written or Registred, were never [Page 81] so much as once published in Holland, neither were they in any one point obedient thereunto, the which they also proved with a very memorable late Example; for whereas the Germanes had ordained very many Lawes for the obtaining of succession without testament, even to the derogation of all customes to the contrary; yet neverthelesse the Heritages in Holland were never assigned by no other Law then by their owne customes to that very day; that also the affaires neither of the Earles nor of the States were never sentenced by the Germaine Senators.
The which being thus alledged and proved by the Hollanders, the Declaration followed, that that priviledge which was given unto the Brabanders, was of no force in Holland.
[Page 82] Besides this, Philip of Leyden writing a Book of the Governement at what time as the first William of Byeren governed Holland, and dedicated the same Book unto his Prince, he then professing the Law in France, saith often in the same Book, That the Earle of Holland is Emperour in his Earledome.
Wee know that the Germane Emperours, and also the Francks, as it is before reported out of Procopius, usually pretended that not onely the Earles of Holland, and other Princes, but even the Kings themselves were their Vassals; the which although it were granted unto them, yet in that respect the Hollanders were neverthelesse free. In such like manner, as Proculus an ancient Lawyer proveth very well; The particulars which are defended by others, doe not therefore [Page 83] lose their freedome, because they are not of equall worth with their protectors: And in like manner, the freedome of the people is not diminished, because in their Covenant there is contained that they with all courtefie should respect the Soveraignty of another, from whence also the name of free Leenen (that is, as Free Copy-holders) hath its Originall. But neverthelesse this same Covenant of free Leen, or after what sort or manner the same might or could be termed, the Earles never consented unto, as easily may be understood by that which before hath been said, as also out of the History of the Warres with the first Earles; and namely, Dederick the fourth, (for the maintenance of their reputation and worthinesse) undertook with good successe against the Emperours. [Page 84] And put the case that any of those Earles, either in time of necessity, or for some certaine consideration, were brought thereunto, who depending upon the Emperours have desired their protection, which so happening without the consent of the States, the same could neither prejudice the priviledge of the Common-wealth, nor yet of the succeeding Princes. In every respect we are certainly assured that neither those Earles of the house of Burgundy, nor yet those Earles of the house of Austria, the memory whereof is yet unfallible, that they never in respect of Holland have done any homage unto the Emperours: And that Holland never was subject neither to the Lawes nor Customes of the Emperour, nor of the Empire, which is the very principall point of all; and that the Germanes themselves [Page 85] doe confesse; from whence it is manifest, that the principall Soveraignty over the Hollanders hath been among themselves, and never depended upon any forraigne Authority.
It remaineth now that we consider the other, that is, what priviledge and authority the Princes had in the Common-wealth, and what was the Authority of the States; the which we should very particularly know, if in case those Lawes were to bee found, which concerning the Authority were given unto Dederick. But besides that which formerly hath beene spoken, that by the Germans books aswell of publike as of particular matters but very lately began to be registred, so is also the memory of all those times, (excepting only of some certaine Warres, and of some other matters which do not [Page 86] concerne this purpose,) utterly lost: Yet even before these times there was not given so great a power, as there was authority unto the Kings of the Battavers, the which even in our fathers dayes hath been registred up by forraigne Writers, That the command of the Princes of these Lands was as well limited with Lawes, as it was moderated by the resolution of the States; from whence we may assuredly collect, that the Government of the time, which was betwixt them both, hath been the very same Government as was received from our Ancestors, and left againe unto posterity: Neither is it lightly to be credited, that those worthy Cities, and the Inhabitants that were so noble and so mighty as we have shewn to have been in those former times, did fall from that equality of power whereunto they [Page 87] were accustomed, unto such a sodaine unequality: And on the contrary part, it is manifest, that afterwards when as the magnificence of the Earles by the adjoyning of other Principalities thereunto greatly increased, and especially in the House of Bourgondy and of Austria, that then the freedom or liberty rather decreased then increased. These were then the principall Lawes of the Governement, viz. That no Countesse should marry unto any man, but with the consent and good liking of the States.
That none of the Officers, as of the Counsell, and Rent-masters, and Pretorship should be confer'd upon no other but unto those that were born within the Land.
That the States shall have liberty to assemble upon the affaires of the Land and State, and that as often [Page 88] as it shal please them, without need to have consent of the Earle for that end.
That no new Tolls might be imposed, neither any man freed from those that formerly were ordained, but by consent of the States.
That the Prince should undertake no warre, neither defensive, nor offensive, otherwise then by the consent of the States.
That the Princes should in all their writings use the Dutch Language.
That the Coine should be altered, and appointed by the Prince, according as the States find it convenient.
That the Prince might not make away any part of his Principality.
That the States may not bee warned to assemble upon any convocation out of the Provinces.
[Page 89] That when as the Prince shall have need of any impositions or collections, that he himselfe personally, and not by the mediation of his Lieutenant, shall make intercession unto the States, without exacting any thing otherwise then by a willing and voluntary free consent.
That he exercise and administer Justice and Law by the hands of ordinary Justices.
That the ancient Lawes and customes, being holy, should be inviolably observed; and if the Prince should ordaine any thing contrary the reunto, that no man is bound to observe the same.
These Lawes having been long maintained by meer custome, were afterwards registred into Articles, and subsigned by the Princes from time to time, to this end that the [Page 90] natures of the same Princes might not be infected by the evill incitatations of flattering Courtiers unto the hope of an unlawfull domination: And at the last, in regard that the States made complaint of their grievances, that most of the fundamentall points of the ancient Government were overthrowne by innovations; even then was there a collection made of all these aforesaid Lawes; and so by some others before, but chiefly by Mary Countesse of Bourgondy, they were sealed up for an everlasting memory.
And although the Hollanders now in the succession of the Earledome followed the order of lineall discent; yet neverthelesse, to the end they might shew that the command and authority did not proceed from a fatherly inheritance, but from the consents of the people, [Page 91] that is, of the States, therefore they never esteemed any for their Prince, before that they had bound themselves by an oath unto the States, to maintaine the Lawes and Customes of the Land; the which being thus performed, they promised againe to him fidelity and obedience in whatsoever the Lawes should command them. Wherefore in regard that those Lawes being conditions and precontracts, are connexed unto the Authority, then hereby is manifest, that those Princes had no power of themselves to loose or to dispence themselves from the aforesaid Lawes, as it hath been very much discoursed and concluded upon by those that have written much of Government: From whence it followeth, that since the chiefe Power or Soveraignty cannot be in such a one as is bound [Page 92] unto any Civill Lawes or institutions, like as most of the Northerne Princes be, that even also the Earle of Holland being bound unto so many Lawes, hath not had the right of the Soveraign power onely in himselfe.
All that which we now have declared from the words of the Laws or from other Covenants, or Contracts, even all them, and divers other points of no lesse consequence are all approved by very old examples.
For whereas Arnoulffe the third of the Princes had two sonnes, the eldest who was called Sifrid, and of some Sicco, for some certaine fault, was denied the command; and the Principality (by the consent of the States) was conferred upon the yonger, whose name was Dederick.
Dederick the fourth dying without [Page 93] issue, although there were as yet no example of a brotherly succession, the States proclaimed Florence the brother of the deceased to be Prince.
The Wardship of Dederick the fift of that name (whose yeares being yet unfit for government) the States conferred upon his Mother the Lady Geertright, and also married her unto Robert the sonne of an Earle of Flanders, who hereby got the surname of the Friese, because that he governed the Hollanders, who at that time were yet called the Freises.
Ada the daughter of Dederick the seventh, because that she married the Earle of Loen against the States will, was deposed from the Principality, and in her place succeeded William the brother of Dederick the sixth.
Florence the fourth, being yet [Page 94] but young, his Unckle Florence was ordained Protector, after whose death because that Alidt his Aunt administred in the Protectorship, not according to the counsell of the States, but after her owne will, the Government was committed unto Otto Earle of Gelder, who was the neerest (though very farre) of kindred unto the young Earle.
Afterwards the Principality being void by the death of Florence the fourth, the Common-wealth was governed by the Nobles and the Cities, untill that Iohn the son of Florence, who (travelling abroad) returned out of England, whose Wardship was concredited unto Iohn Earle of Avennes.
Afterwards, the Lady Margaret because it seemed that she was not fit for government, was deposed, and in her place they accepted her sonne Duke William for their Earl, [Page 95] who afterwards being mad, the charge of the Common-wealth was committed unto Duke Albrecht his Brother, as Steward, providing that he should govern the Common-wealth by the Counsell of the Barons, Lords, Knights and Squires (which are degrees of the Nobility) and of good Townes. This Albrechts sonne, Duke William, perceiving that he should dye without leaving any Heire-male after him, assembled a Convocation of all the Nobles and of the Cities, and there intreated and obtained, that the succession of the Earledome might be granted unto his Daughter the Lady Iacobey; but in regard that this Iacobey abused her selfe, by marrying without the consent of the States, she was reputed unworthy of the Government, so that in her life time shee must endure to see the Government [Page 96] of Holland transported unto Duke Philip of Bourgondy.
This Philip his sonnes daughter the Lady Mary was married unto Maximilian, Archduke of Austria; which Maximilian after his wives death, desiring to keep the agreement in his hands, and administring in the same, not as being administrator and Protector of his sonne Philip the second of that name, nor yet according to the good liking of the States, but after a kingly manner; then the States of Holland, and of the adjoyning Provinces valiantly resisted the same.
The same States of the Netherlandish Provinces appointed the Protectors unto the Emperour Charls the fifth of that name when he was but young, and came first to the Principality.
The same Charles the Emperour [Page 97] having in an Assembly of the generall States resigned his Principality, recommended very earnestly his Son Philip unto the fidelity of the said States.
All these are tokens that the Princely Authority, like as it had the originall beginning from the States, that even so it returned againe unto them, as often as there was no Prince to succeed.
Moreover, we shall not finde any Act or Condition of any of the old Earls of any importance, but that it was Authorized and ratified by the consent of the Barrons and Nobles, who sealed and gave vertue unto the same; for these were the Ancientest Councell of the Earls, like as it was also in former times of the Germane Kings.
Now concerning the Cities, their number, and with the number their worthinesse is from time to time [Page 98] augmented; for even of old time each City had their own Councell of Senators; & one of those Senators dying, the place was supplied by another of the ablest and wealthiest of the Burgesses: And in some places, that same Councell ordaineth the principall Magistrates which are called the Burgh-Masters: And in some other places, they present the names of the same Burgh-Masters, and also of the Jurats, which sit to doe Justice, unto the Prince for the electing of them, yet in such a manner, that they have the nomination of as many more as are chosen, which the Prince may not exceed, the which is no little assurance of their Liberty.
It appeareth also by very many examples, that not only the great Cities, as now in these latter times hath happened, but even the little [Page 99] ones also, doe take their turns at the Convocations and Assemblies of the States. Philip of Leyden before named making often mention of the Nobles and the Governours of the Cities, calleth them the great ones of their native Countrey, saying, that their care was (the Prince neglecting the same) to see that the Commonwealth should suffer no wrong. I finde also that in the dayes of William the Fourth, who was the last of the House of Henault, about two hundred and thirty years ago, That at Dordrecht, there was an exceeding great Convocation, of the three Nations of Holland, Zealand, and Henault, where the Deputies of the Cities, being very many, were Assembled about the Toles: And this Assembly was called the High Councell. Moreover, no Imposions nor Contributions were imposed [Page 100] without the consent of the States, as appeareth by all those reckonings which are found in the Courts, whereof the consent thereunto of the same was alwayes openly published.
And from hence it proceedeth, that even of old and from all times, the afore-said Contributions and Impositions, were called nothing else but the Intreaties, the which name is often found in Philip of Leyden, in regard that they (as hath been shewed already) were granted at the intreaties of the Princes. The same being also a sufficient demonstration how the Principality must strike saile unto the Authority of the States: Yea, even in Philip himselfe who was the last Earle, and maintaining Warres in France, those nine years Impositions were not consented unto by the States no otherwayes, but by the [Page 101] prescription of certain Laws, and amongst others this, That the money should be at the disposition of such persons that should be appointed thereunto by the States. Like as it is manifest, that the States have held and maintained that Priviledge, that they may assemble at their own pleasures, even in the very latest times that were before the Warres.
From all that which hitherto hath been spoken, appeareth, that the Earles of Holland have differed almost nothing at all from the old Kings, but that they only used a name which was not so eminent, nor yet so suspitious for the Liberty as the Kingly Title was. Moreover, that the same Earles were elected according to the succession of blood, as the same is used by many free Nations; but yet neverthelesse, the Authority [Page 102] was not given unto them without exception, in regard that there were Lawes appointed thereunto, and were confirmed by Oath. That herewithall, the Authority of the Earls was not so extenuated, but that the power of the States was such, and that in divers matters, and especially concerning the Coyne, which is the sinnews and strength of a Common-Weath. And that may wee truly say of the Earles, which in former times was said of the Germane Kings, that they had Authority, but it was by entreaty▪ or permission. If in case I should seek for a Forraign example to this purpose, I can finde none more like hereunto, then in the Common-Wealth of the Lacedemonians, the which by Plato, Polybius and very many wisemen, yea, by Apollo himselfe is affirmed so to be, and is by them commended before all [Page 103] other; for in these, the Kings succeeded one after another, by the order of their Consanguinity, in so much that in place of the Kings, those that were the Protectors or Dictators, which they called Prodicos, had the Authority in their hands: But the Kings were not admitted to the Authority before they had taken their Oath to use their Authority according to the Custome of the Lawes of the Land. Now the Kings had power over each one, but above the Kings were the Survayers or Ephori, together with the Councell.
The Ancient Fathers doe very much commend a notable Speech of Theopompus King of the Lacedemonians, who being disdainfully reproved by his own wife, because that hee had diminished his own Highnesse by the Institution of the Office of the Survayers; hee [Page 104] Answered thereunto, That he should leave unto his Children a lesser, but yet a more permanent Authority: For of a truth, it is even so as the Ancient Fathers used truly to report, That every Common-wealth consisteth in a certain melody or consort, the which being once broken, all cometh to naught: which melody in my opinion consisteth not in any sound or in strings, but in the well tempered unity of the Prince with the People, and of the People with the Prince; or of severall States, the one with the other. In this melody have the Princes, the Nobility, and the Comonalty long time flourished, when as each one respected the Prince, and the Prince himself respected the Laws and the common Assemblies; and whilst the Nobility kept their Reputation, and the Comonalty their Liberty: From hence issued the [Page 105] good successe of Warre; from hence it proceeded that this Nation, like as in former times they were Confederates with the Romans, even so thereafter, though being little, have sought unto great Alliances. Hereof the Treatises of the Confederacies do plainly shew; for presently at the very birth (as it were) of the Principality there were two Dedericks, as it is generally believed, who were Brothers in-law unto the Kings of France. Arnolffe the third Earl, had to wife a daughter of the Emperour of Constantinople, whose sister was marryed unto the Emperour of Germany. Divers others that succeeded, were marryed unto the House of Saxon, who then possessed the Empire. Florence the third, was marryed unto the House of the King of Scotland; William the Second of that name, Earl of Holland, [Page 106] was elected Emperour of Germany; and as I think, for no other cause, but for that he was used in his own Countrey unto such a moderate Government. This mans Sonne Florence the Fourth, was earnestly solicited unto, on the one side, by the King of England, and on the other side, by the King of France, for his Confederacy with the presentation of each of their Daughters in marriage with great gifts. But Iohn his Son with the advice of the chiefest Nobles of the Land marryed the daughter of England: And presently after William the Sixth, marryed the daughter of the King of France. Again, the daughters of the Earls were bestowed into very great Houses, as the Lady Margarite the daughter of William the Fourth, unto an Emperour of the House of Beyeren: Iacoby unto a Dolphin of [Page 107] France: And all these whilst they were but only Earls of Holland and Zealand, and some of Henault: After that by the daughter of Albrecht, who was marryed unto one of the house of Burgondy, did Holland obtain the same Prince, who was before Prince of Brabant, and of Flanders, and many other Nations. And by this meanes were severall Nations, not differing in manners, Lawes, and Customes from each other, being at a speciall unity, and under one publick Authority, thereby the more fortified: Thereafter the Lady Mary of Burgondy, had by her Husband the Arch-Duke of Austria, a Sonne, unto whom befell for his marriagegood, the greatest part of Spaine, and with Spaine the expectation of Terra nova and many other Titles which are spread far and wide over divers Countreys. But from this [Page 108] great Magnificence of the Prince, proceeded a great alteration in the Government, the which I will briefly touch.
The sixth Chapter. How that the intended Alteration of the Government, was the occasion of the Warres.
THe nature of man is much addicted, and is easily inclined to domination; from whence (according to the saying of Aristotle) proceedeth Tyrannicall Government; especially, when as the Prince transgresseth the limits of the Laws of the Land: And it seldom hapneth, but that men attempt the taking of more in hand, then they are able to perform, unless the very hope of the performance of that which is desired be utterly extinguished: Therefore those ancient Princes whose hope and repose depended altogether upon their Native Countrey, as having no expectation [Page 110] of Forraign power to relie upon, were obedient unto the Lawes, were lovers of equity, were respecters of the States, as well knowing upon whose power and meanes both their honour and reputation consisted.
The Burgondians descended of Royall Progeny, were the first that climbed up the first step unto domination, yet very secretly; the Liberty continuing never the lesse, not only in outward shew, but also for the greatest part thereof in her full face.
Afterwards Charls being Emperour, and King of other Countrys, was not therewithall well contented, that herewithall he should be called but a Prince: But yet he for affection and some certaine respects was restrained, in regard that he was born and brought up here in the Countrey; and besides, [Page 111] did exceedingly respect this People, as being very convenient Instruments for the enterprising of any great exploit; and such as were of themselves very faithfull, but yet very soon displeased, and exceeding powerfull, when as their Liberty should be but once toucht.
Now the Church of God at that time being overwhelmed and poysoned with palpable Heresies, and longing for a wholsome medicine to purge the same: yet he resolving by violence to maintaine that which was in use amongst them, sent his bloody Commissions, that whosoever should bee found to be of any other Religion, should bee punished with death, never respecting nor enquiring what was the meaning and resolution of the States in so weighty a businesse.
But his Son Philip being of that [Page 112] unsatiable nature, that was content with nothing else but with an absolute power, envied all Nations that would prescribe a Law unto their Prince: The which the People of Aragon to their great ruine have proved. The Spaniards, who had the Education of King Philip in his youth, took hold of this occasion very earnestly, to prosecute the same against the Hollanders, and the rest of the Netherlanders; since which time, there hath been a continuall jealousie and contention betwixt them, which of them should bee best in the Princes favour; whereupon they sought to make the Liberty of the Netherlands very hatefull: And on the contrary, to demonstrate how that the Cities in Italy, and the Countreys of America, and the West-Indies, in such and such manner were kept in subjection with their Garrisons, [Page 113] and that there was an absolute obedience without any limitation.
At what time as the warres in France ending, and King Philip being requested in behalfe of the States, that hee would draw the Garrisons of the Spaniards out of the Countrey; which reasonable request of theirs, hee took very hainously, and in ill part; and being returned againe into Spaine, from that time for the most part after never permitted the publike affaires of Holland, nor of the Netherlands to be governed by the Lords that were the Inhabitants, and borne in the Countrey, whereof according to old custome, the principall and permanent Councel of the State of this Land did ever consist, but by the resolutions which were concluded in Spaine▪ leaving heere the Cardinall Granvell to bee the executioner [Page 114] of the Spanish Precepts.
The matters concerning Religion were brought to that passe, that although it had bin a matter of great offence to have beleeved any otherwise then the Pope of Rome should thinke convenient, yet neverthelesse a good Prince should not have atempted to have punished the same, in regard of the great multitudes of those that might be accused therewithall, from whose consciences that Religion of what sort soever it might be, would never by no feare have been extinguished, or qualified.
For this occasion the principall Lords, and also the chiefest Cities and Provinces made their Declaration, that neither their traffique, nor yet the common tranquillity of the Land could bee maintained, unlesse those corrisive Commissions concerning the Religion, [Page 115] were lenified and mitigated; the which was so farre contrary to his minde, that King Philip should follow their counsell therein, that hee contrary thereunto ordained that such a search and inquisition should be made, even to the very secret motions and cogitations of the heart, and that after a very new, strange, and unusuall manner of proceeding, the like whereof was never heard before, in such manner as if it had been against those Jews, or Mahumetists which shelter secretly in some parts of Christendome, and is practised in Spaine.
To this end and purpose were there here and there new Bishoprickes erected and distributed with great contradicting and in despite of the States, without whose consent in former time the Clergymen might not bee augmented; considering now that all this without [Page 116] all doubt tended to the great confusion of the publike affaires, and first of all, those Lords that were in the Councell of State, and afterwards a great number of noble personages assembling to this end and purpose, under whom also was the Lord of Brederode, descended of the Family of the Princes of Holland, who did both counsel and entreat, that they should proceed unto that remedy, the which in former times was very often used in matters of lesse moment, viz. to a Convocation of the Generall States, although King Philip before his departure, and at his departure, had excessively commanded to hinder the same, that there might be no Convocation of the Generall States; from hence there arose an uprore, not by any common consent, but by the enterprise of some certaine particular [Page 117] persons of the poorest and common people, about the taking away of the Images out of the Churches, in regard that it was a high trespasse and sinne to make supplication and intercession unto them. And after that this uprore was pacified by the authority of the principall Lords, it pleased the King of Spaine, and the Spaniards, under the pretext of this one inconsiderate particular, contrary to all right and reason, to charge the whole Nation generally with the offence of Rebellion; whereupon the Duke of Alba was sent with a very rigorous Commission, to take possession of the absolute Soveraignty, being naturally a very rigorous man, as all Germany can testifie; he very openly published that both the States, Cities, and People of the Netherlands, and every person in particular had forfeited [Page 118] all their priviledges, and that from hence forward they were to expect no other Lawes but what it pleased the King to command, whereof he himselfe was a sufficient testimony that the Lawes were abolished; he being a stranger, and none of the Princes blood, and yet neverthelesse against all right and custome was sent to possesse the generall Government. The judgement of matters was also withdrawne from the lawfull and ordinary Colledges, and by the erection of a new Judgement Seat, or Bench, where the matter of Lesae Majestatis, or the abusing of His Highnesse, should be decided by the Spaniards, and by their adherents, such as made themselves slaves unto the Spaniards, having gotten under their power, not only the lives, but also the goods of all the inhabitants, whereof not [Page 119] onely many thousands of the common people were executed, but also the very Earles themselves of Egmond and Horne, being condemned by false accusations, were forced to present their necks to the violent stroak of the Hangman. William Earle of Nassaw, Prince of Orange, being one of the chiefest Lords of the Netherlands, with divers others, were banished; of w ch persons, Egmond had his Earldome in Holland, and the Prince of Orange was Governour of Holland. The Marquesse of Berghen, and the Lord of Montignie, who had carried the Requests and Remonstrations of the people and of the States into Spaine, were both made away, the one being openly executed, and the other▪ according to common report, poysoned.
Thereafter, according to the [Page 120] custome of all those that will bee Dominators, the Cities were planted with Spanish Garrisons, or else Cittadels and Castles built therein. Moreover and above, to the end that this Nation, which before to this present time had been a free people, might the more openly publish their slavery, by maintaining and providing for themselves food and rayment, they were inforced at that time by the terrible threatnings of their Deputy, to bring up the twentieth penny at the sale of every house or parcell of Land, and every tenth penny of all Moveables, which their Princes themselves in former times were accustomed to.
Then the Fidelitie and the Liberty of those people were long contending with each other; [Page 121] but in regard it was not possible to endure any longer the oppression of their Lawes: and they setting at nought of the States, and the Governement which had continued so many hundred yeeres; and that the Libertie of their posteritie could not longer bee maintained: then the States of Holland, unto whom appertained the protection, as well both of the Lawes, as also of the generall, and their owne particular Rights, in the yeere 1572. upon the 19. of Iuly, in the Assembly at Dordrecht, consisting of certaine Nobles, and of the Deputies of the greatest part of the Cities, according to the example of their Fore fathers, who tooke up Armes against the Romanes, when as they pressed to bee Dominators, undertook [Page 122] the warre against the Duke of Alba, re-establishing againe the persons that were unlawfully banished, and acknowledged William Prince of Orange for their Governour and Generall.
The seventh Chapter. In what estate the Commonwealth of the Battavers was in the time of Warre, and is now at this present since the Warre.
SInce which time the Soveraignty of the States, which was not a little obscured and darkned by that usurped Authoritie of the last Princes, is brought againe shining more cleare in the light. And afterwards when as the States of the neighbouring Provinces had taken Armes with them of Holland for the maintenance of their Liberty, and were knit together by an assured alliance and confederacie; And that King Philip (whose reputation even yet hitherto [Page 124] hath not been toucht) neither by intreaties, nor by admonition, could bee brought into a better minde: then at last the generall States upon the 26. of Iuly, in the yeare 1581. declared that King Philip, by reason of the nullifying of their Lawes of Government, according to all Lawes, and ipso jure had forfeited his Principality, in the same manner like as many free Nations have oftentimes condemned their Prince, as the Lacedemonians condemned Pausanias; the Romanes, Nero; the Venetians, Falerius; and the Danes, Christiern: Yet neverthelesse, these Nobles did not govern the Commonwealth without a Principality. But like as in former times in place of the Kings succeeded the Generalls, even so did the Prince of Orange (the title of Earle being taken away) obtained the lawfull [Page 125] Authority under the Title of Governour: This Prince his singular unity with the States, whilst hee gave place unto their Mightinesse, and they on the contrary part both loved and respected him as being their common Father, brought the affaires of Holland from little beginnings to a great growth; wherefore although the neighborings Provinces had ordained first Matthias Archduke of Austria, and after him the Councell of State, and yet after them the Duke of Anjoy over them: yet neverthelesse the States of Holland and Zealand maintaining firmly the confederacie with their Neighbours, and never consenting unto any alteration in their own lands, continually maintained, not only the same manner of Government, but even also the very outward form of the Government.
[Page 126] After the death of the Prince of Orange, the generall Government was resign'd unto the Earle of Leicester, who had brought over English▪ Souldiers with him to aide these Lands; but in regard that he being of a Kingly prodigality, and unacquainted with our Customes, and following evill Counsellors, began to speak against the Government of the States, and to bring in many innovations; therupon the States took occasion to shew that their power from the which Leicester had received his Commission, was the most righteous and the most ancient power. Also, certaine persons, who to pleasure him, sought by uproars to bring in alterations, they punished with death; which the Earle of Leicester understanding, left both the Government and the Land. And thereupon Prince Maurice, the sonne of [Page 127] William Prince of Orange, took upon him the chief government over Holland, and of certaine of the Neighbouring Provinces. Under his Government hath been great concord, so that by the twenty yeeers tranquillity of the Commonwealth, and by the inlarging of their borders, by fortunate Battales, by Seidges so ably enterprized, as also more ably resisted, have the States obtained the fame of exceeding wise Governors, and Prince Maurice the fame of the worthiest Generall.
The Reputation of this Commonwealth is yet augmented, since that Kings have accepted the same into confederacy with themselves. For in the yeer, 1597. was a Confederacy agreed upon betwixt the King of France, the Queen of England, and the States of the united Netherlandish Provinces: Yet neverthelesse, [Page 128] the States did so reverence their deposed Prince, that whilst King Philip lived, the habilities of these Lands contained themselves within the necessity of their owne defence; but after his death was the Warre more openly manifested, and that warre was sent back againe into Spaine, which first came from themselves: Yea, and even unto the very furthermost parts of India is our Trafficque sailed, being defended with Armes: And in those places also by the occasion of the common enemy, and by the known valour and fidelity of the Hollanders, is there occasioned both friendships and Confederacies with Kings and Nations, so that the Lords the States have been saluted by Embassadours comming so farre as out of the other world.
Hitherto hath the warres continued: [Page 129] There hath been often dealing for peace, both whilst King Philip lived, as since his death. As also, when as the Netherlands were resigned unto his daughter and son in-law: But ever the States disdained those conditions, whereby either their Liberty, or that lawfull resolution, which they had justly decreed and pronounced against King Philips Authority, might any way be impeached or toucht; like unto the example of the Ancient Romans, who never esteemed any Peace so highly, that they therefore would receive in again the banished Tarquins.
Lastly, when as the Archduke Albertus, and Isabel, and King Philip the Second, Philips Son, shewed themselves to be ready to acknowldge the freedome and Liberty of the States; then through the Intercession of the Kings of [Page 130] France, of Great Britaine, and of Denmark, and of some other Princes did begin a communication: And in regard that many difficulties hindred the Peace, there was lastly in the year 1609 a Truce concluded upon for the space of 12 years, with a formall Declaration of the Archduke, both in their own names, as also in the name of King Philip, from whom to that very end, they had received Commission and procuration, that they should make Truce with the Lords the States Generall of the United Provinces, as respecting and holding them to be in quality of free States of their Lands, Provinces, and Cities, where over they have nothing to pretend.
This short Relation beginning long before the time of Iulius Caesar, and ending at these times, sheweth, that continually during [Page 131] more then 1700 years, the Battavers which now are called the Hollanders, have used the same Government; the Soveraignty whereof hath alwayes remained in the States hands, and so is it at this present. So that neverthelesse, a Principality hath belonged thereunto, sometimes in a greater, and sometimes in a lesser manner of administration. In former time comming thereunto by Succession, but very often and at this present by voyces, being ever subject under the Laws. This then is the shape or rather to say, the face of the whole Government.
Now if any man would know all the particular members thereof; They are these as followeth:
Holland is very populous, and exceedingly well stored with Cities and Villages. The especiall care of the Cities is committed [Page 132] to the Senators and Magistrates of each City, unto whom it is permitted within their own Liberties, to make certain Laws and Forfeitures, and to ordain certain Impositions for the Cities necessaries. The Senators are perpetuall, The Magistrates are yearly, having very little or no allowance at all therefore.
Their chiefe Burgh-masters have their Authority from the higher Magistrates, for to maintaine the good of the Cities, and of the common Burgesses.
The Jurats which are called Schepens, are ordained for the Law, as well over Civill as over criminall matters, whereof the Baliffs and Scoutes by one Authority, doe serve in that publike Office of Plaintiffs or Accusers.
The Magistrates have in their [Page 133] Councell, learned Lawyers, called Pensionaires. The Jurisdiction of the Villages, both as well in the High Lordships called Hooghe Heerlyecheyden, as also in the Ambachs Heerlycheden, is partly, either in the Common-wealth, or in the Principality; and partly, in the chiefe of the Nobility who have received the same from their fore-Fathers: The affairs of the Ambachs Heerleycheden, are commonly decided by the Schouts and the Schepens, The Hooghe Heer lycheyden by the Baliffs and the Tenants, or else by the Gentility.
Moreover and above, there is the Forresters and the Rangers of the Woods and Wildernesses; and the Stewards of Noblemens houses have each one their own Laws concerning Hunting &c. and their own fellow servants: And the Dykegraves and Heemraden, those that [Page 134] have the Authority over the Seadykes, and the River bancks, wherein consisteth the speciall preservation of Holland, from all these sentences (excepting in criminall matters, whereof the condemned very seldome is granted any appeale) they make their appeale unto the Court of Holland, the which is also acknowledged by Zealand. The controversies of Cities and other matters of great importance are also decided there.
In this Councell according to ancient Custome, doth sit certain of the Nobility, with certaine Lawyers and men experienced in all Customes: The chief head of this Councell is the Stadthouder, or the Governour of Holland himself; who moreover and above hath the power to command over the Garrisons, To elect the Magistrates of the Cities after a former [Page 135] nomination thereof; and also, to give remission and pardon to Malefactors; all which are tokens of an exceeding high Authority. There is also a Counting House of the Principalities own proper Rents and Revenews which is governed by the Rent-Masters.
The Convocation of the States (the chiefe power whereof they of Holland have) hapneth three or four times yearly, or as often as is required.
The State of the Nobility, and of the Gentility is represented, by some certain, who are the chief thereof, as well in respect of their noble descent, as of the Lordships which they possesse, being in number about twelve, whereof one of them dying, they chuse another unto themselves. The Cities that commonly send their Deputies unto this Convocation being warned [Page 136] thereunto, are these. Dordrecht, Haerlem, Delffe, Leyden, Amsterdam, Goude, Rotterdam, Gorchum, Schiedam, Schoonhoven, Breill, Alckmaer, Horne Enckhuysen, Edam, Monickendam, Medenblick, Purmerendt. Those that are deputed are commonly Burgh-Masters, now and then accompanied with some of the Senators, or else pensionary.
The Nobility gives their voice first, then the Cities every one according to their turnes: All this is even now as it was in the dayes of the Earls, excepting that the Administration of the publike matters which formerly the Earls performed, is now inherent in the States and in the Governor.
From the aforesaid Court of Holland, there was wont to have been appealed unto the great Councell of Mechlen, which Councell in former time, the States of [Page 137] the severall Provinces at the request of the Princes of the House of Bourgondy had condescended unto, to abide unto that common Law: Instead of this Councel, they of Holland, & of Zealand, about eight and twenty years since, have ordained the high Councel consisting of certain famous learned persons, from whose sentence there can be no appeale, but yet there may be a supplication presented unto the States, to th'end that certain other Lawyers, Judges or Revisers, might be added unto that Colledge which might diligently and considerately peruse and examine whether in that sentence there might be any errour or fault.
Moreover since the warres, both the charges, and also the businesses are very much encreased, that in respect thereof, there is yet another Colledge instituted, to have the [Page 138] survey of the common Treasure of Holland; and to decide all Controversies arising thence. This Colledge consisteth of persons which are deputed thereunto by the Gentility, and by each severall City, and are now and then changed. These doe warn the States to assemble as need requireth, and doe execute that which the States doe decree. There are yet other Deputies appointed for the surveying of these, which have the hearing of the reckonings of the Receivers of the common Treasure.
Now since Utrecht continuing still in the union with the other Provinces, which are Gelderland, Holland, Zealand, Ʋtrecht, Friesland, Over-Isell and Groning, who in former time were all called by the names of the Battavers, Mattiacks, and Frieses, there hath bin a Community or Fellowship both of [Page 139] Warre, Peace and forraign Alliances and Confederacies, as also of all other affairs, they have been alike partakers with each other. These same Provinces are also accustomed to send their Deputies for the consultation of the generall good of the Lands. This assembly seldome separateth, and are called the general States. By these, the points that fall into Controversie betwixt the Provinces, are disputed and decided. The next unto these, and by the same Commission, the Councell of State hath the survey of the affairs of the union, and the Government of the Souldiers, and of the Military businesses. This Councell is come instead of the Councell of State, which in the time of the Earls, had the survey of all the affairs of all the Netherlands.
The Councellors being a certain [Page 140] number, are chosen by the States of each Province, and also sometimes changed; they give their voyces not by the Provinces as in the Convocation, but man for man: The heads of this Councell are the Governors of the Provinces.
Moreover there is divided in Holland, Zealand, and in Freisland, certaine Colledges of the Admiralty, that look unto the affaires of the Sea, and of the Customs and Commodities that come out of the Sea; They have their Commission from the generall States; every Province sends their Deputies thither; and now and then changeth them.
The Admirall-ship (which is the highest command at Sea) hath Prince▪ Maurice.
The reckonings of the Cantoor of the generality, are looked unto [Page 141] by certain persons deputed thereunto.
These things being sufficiently known to the Inhabitants, I have handled the same more particularly for the use of strangers, not doubting when they shall have narrowly looked into these matters, but that they shall very much commend the formes and frames of the Government of this Common-wealth; for if wee would but alledge reason hereunto; reason teacheth us that Authority is best of all there, where it is conferred upon the principall best men. If we look about us concerning the Authority, That Government which consisteth of the Nobles hath in commendation thereof the wisest in former times. If we look after examples, wee have such as were very worthy and very famous. As of Candy, Lacedemon, Carthage, [Page 142] Rhodes, Marselles, Thessaly Achaia, Samos, Cnydos, Chio, Corfu, and as many think even the Romans themselves at such time as they most flourished in Vertues: Yea, and that which is more, it sufficiently appeareth that the Common-wealth of the children of Israel (even as it was ordained of God before that the people desired a King) was governed by the Nobles: Neither wanteth hereunto any fresh examples, as of Ragusa, Luca, Genua, Geneva, and the principall Cantons of the Swisers, and of Venice, which testifie their stability by the continuance of a thousand yeares. Hereunto may be added the whole corporation of the Germane Empire, being full of majesty and estimation; and many of the Northen Kingdoms, which though they be called Kingdoms, are in very deed Principalities.
[Page 143] If in case, yet we will prosecute examples that are more neare home, The Soveraignty of the assembly of the States was in use by the ancientest Nation of the Walloons and of the Brittons; and is yet at this present used in Germany.
For so much as concerns the Government which is administred by the Cities, we therein agree very well with them of Achaia, Etolia, and Licia, whose Common-wealth consisting of certain Cities conjoyned together, have governed the same by their Assemblies and by Deputies, whereof that of Achaia is set as a pattern, and commended by Polybius, Strabo, and Plutarch to bee the best representation of an absolute uniforme Common-wealth.
Also that unto the power of the Nobles be added a Principality, [Page 144] limited with Lawes, that very same is common unto us as it was unto the ancient Israelites, in the days of the Judges, & unto the Lacedemonians, and the people of Achaia, and unto the Venetians, and unto the Germane Empire, and unto the Northerne Kingdomes, as wee have said before, and unto many others. The assembling of the generall States, with the Councell of State, by whom is dispatched or decided the common affaires, which concerne the union (setting the Soveraignty of each Province aside) agreeth very well with the Amphictiones Assembly by whose bond the Common-wealths of Grecia, being knit up together, did for a long time beat back the Medes and all other forraigne powers.
In like manner also have they of Ionia with 13 Common-wealthes: [Page 145] Those of Hetruria with twelve, the old Latines with eight and fortie Commonwealths. And in former time many of the Nations of Germany, of the Walloons, and of the Brittaines, have had their generall Assemblies by vertue of their Confederacie; and the very like have the Swisers and Grisons to this very day in use.
Now whereas we do very much commend this manner of Government, yet we may nor will not discommend nor speak against that which is used by another; for wee must confesse, that all manner of things are not convenient for all sorts of people, and that there are many Nations, which serve farre better to be under an absolute Kingly Power, then to be left to their owne liberty; in regard whereof, it was more profitable [Page 146] for the people of Asia to have Kings; and on the contrary, the Grecians could endure no Kings. Now that this manner whereof wee have beene speaking, is the most convenientest for us, the experience of so many hundred years hath testified the same. As long as this continued, all things went well; but when the contrary was sought, then presently hath there Commotions and troubles arisen, neither were, or could they by any meanes be remedied, untill that the Government was suited againe into her old habit.
Those that have very diligently looked into the severall dispositions, natures, and manners of people, have perceived that those people lying Northward, and especially adjoyning unto the Seacoasts (among whom we are reckoned) [Page 147] have ever had an antipathy of the absolute authority of one man onely, and have a greater pleasure in their owne Liberty. Also there are some that approve, that great Lands and Kingdomes are best governed by Kings, the lesser Lands by the common people; but that those Nations which are of an indifferent greatnesse, and in speciall doe know how to keep that which they have well and warily, and not coveting that which is anothers, are best content with the Government of the Nobles. Moreover, there must be had great regard unto the use and customes; for that which is commonly said of all Lawes, is most commonly true in these Lawes, wherein the principall point of the Government consisteth, that is, That it is better [Page 148] to use such Lawes which are of themselves not the best, then to change and alter those which are received and have beene long practised.
For it is with Lawes even as it is with the Plants, there must be of necessity time for the establishing and fastning of the Roots; and contrarily, if they be often removed, they lose their vertue, power, and efficacy.
For this cause are wee very much bound unto our Fore-fathers, who have left unto us a Government that is very good of it selfe, and exceeding well agreeing unto our nature and manner of life, having re-obtained the same by Warre, and preserved the same in time of peace.
And this ought to bee our indeavours, if wee will neither [Page 149] prove unthankfull, nor unprovident, that wee constantly maintaine that Common-wealth whereunto wee are counselled by Reason, approved by Experience, and recommended by Antiquity.