Hugo grotius. portrait Aet. 49 Ao. 1632 De positum coeli quod jure Batavia mater Horret, et haud credit se peperisse sibi Talem occulis, talem ore tulit se maximus Hugo. Instar crede hominis, caetera crede Dei. 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, advocate fiscal of Holland, Zealand, and Westfriesland, &c. And afterwards Translated into the Netherlandish Dutch, and perused by the Author himself. And now again Translated out of both the Latin and Dutch, into English, By THO. WOODS, Gent. LONDON, Printed for John Walker, at the sign of the star in Pope's 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 itself, which though the quantity thereof be very small, yet being of a great quality, and altogether appropiate unto your Lordships; for it maintaineth your command, your Right and sovereignty. 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 sovereignty of the public affairs, hath ever had place in the principal of the two States, which were then the Battavers; but now are the Hollanders and the West Freises. The which Soraignty through a long continual consequent Succession, is now at this present established in your Lordships. This sovereignty 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 fear 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 called the Earls thereof. The very laws and privileges thereof, which are holy and unviolable, have likewise also continually been preserved safely in the custody and possession, and as it were in the bosom of the States. By the resolutions of their Lordships, is that Liberty, (which in former times the Hollanders have had, and is now again so far famous) sailed through those mighty raging tempests, even unto these happy days and times. For what greater dangers could have happened to any for their Liberty, then that which hath happened unto them? as 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 far greater than the Romish, power itself was. Yet nevertheless, that Liberty hath wrestled and struggled itself through both of those hideous dangers; and when they were enforced to take Arms, They first opposed against the violence of their Oppressors, the reasonableness of their Cause, a good politic Order, and an invincible courage. The happy event thereof hath declared itself at two several times unto the admiration of all Nations, upon the face of the Earth, and with the war is the fame and power thereof increased, even as it pleaseth the wisdom of God, commonly first to prove and assay those with great travels and dangers, whom he will afterwards advance to great honours. Under the condition of those same Lords and governors, hath ever appeared that great fidelity of the Battavers, which was never less than the valiantness of their deeds in war; which fidelity the Romans can sufficiently testify of, in the times of your lordship's Predecessors: And the Neighbouring Kings do 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 happened under the Government of the Nobles or States, the labour whereof I doubt not but it 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 commonwealth, and to seek for no Alteration▪ Yet nevertheless, we desire and more earnestly affect such a kind of Government, as we ourselves enjoy, and besides we perceive hath been pleasing to our forefathers, whether it be as the best in itself, or whether it be that which is most convenient for them, the which our Fathers have maintained 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 commonwealth 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; showing thereby, that also even in the smallest matters, all the least points of Ancient custom ought to be maintained: for Antiquity in some respects cometh 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 reverentness and respect unto Antiquity; which Antiquity in the commonwealth ought much more to be had in estimation, rather than in the persons of men, in regard that in the persons of men, which are mortal, their Antiquity or ancientness is a sign of their approaching Death: But Antiquity in the commonwealth being once settled and grounded upon hope of never to die, doth beget from time her virtue and force, and becometh 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 principal occasion of the continuance and standing of a commonwealth, because that in former times it so continued. It was also reason that I had some respect unto Strangers, to the end that those which are exceeding desirous to be informed of the state of this commonwealth, by reason of the greatness of those famous Acts achieved 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 always alike, nor yet the States neither; for sometimes the Chief Power and sovereignty was in the person of one man; but then the counsel and advice for the effecting of businesses was in the persons of many. At other times the sovereignty was in many, but the Administration in the person of one man. At some times the laws were subject to the Prince; at other times the Prince subject to the laws: All which, if a man will deliberately ponder, he shall easily find, that that Commonwealth which is at this present among us, hath not had its beginning now of late, but that the very same Commonwealth that in former times hath been, is now made more manifest, and appeareth more clear 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 be overthrown, 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 principal Power and sovereignty, and as it were the very soul of that whole body which hath its being, moveth and keepeth together, and doth remain and continue one and the very selfsame. 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 maintain that Liberty, the which is not so much defended by your especial providence, and the worthy valour of the Burgesses and soldiers, as it hath been hitherto, and is yet defended by his heavenly assistance, and may yet extend itself for many years to come; and GOD grant, that it may continue among us, and be made our own, even all these blessings 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 unity; thus prayeth he who is Your lordship's Servant, THO. WOODS. A TREATISE OF The Antiquity of the commonwealth 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 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 marks this is different from that which is called properly a regal Authority. And for this occasion, it is that Tacitus maketh mention, how that Piso had reported of Germanicus, that he was the son 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 regal 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 regal Authority, was made away by the Burgesses. And Pliny speaking of Trajan, reporteth that he possessed the Seat of the Prince, because that there should be no place for a Lord: Yet nevertheless, the Principality being improperly spoken, is called a regal Authority. And in like manner (saith Aristotle) it was in the days of the Worthies, that the regal Authority had his original beginning, and that when as the People having gotten and received any exceeding great benefit from them, their Parents or Ancestors, as for example; By whom they had gotten and obtained good laws, or by whom in time of war they were protected and defended, them they gave the full Authority of the War, with the power of judging of the affairs: which regal Authority he reporteth to be over them that voluntarily consented thereunto, and were also limited with laws: The same also reporteth Thucydides, 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 sovereignty consisteth, do give their voices▪ either each of them apart, like as the Venetians do, or else in the behalf of any Society; which Societies are either of one, or else of divers sorts: Those that were of 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 means, and some by an other means: And for this occasion, those same Qualities; and also those Societies themselves were called by the Latins, Ordines; which in Common Language we do usually call the States: Which States Hippodamus made of three sorts, as, of the Artificers, the Husbandmen, and the soldiers. Plato made, the surveyors, the soldiers, and the Husbandmen: The Egyptians made the Priests, the soldiers, and the Tradesmen: The old Walloons made, the Druids, the Horsemen, and the common People. So that oftentimes the Nobles than were different, and apart, in respect of the States: Those that have then the chief sway in the Government, we call a Government of States: Like as at this present in Germany, where the chiefest sway consisteth together in the Prince's 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 lawful Principality, than such a Government must be esteemed for the most choice 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 of both the Ends; so that then it appeareth, that this Government in such manner, is placed between the regal Authority, and the Authority of the Common People; so that it avoideth the evils of both of them, and draweth unto itself 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 errors, not yet the Common People who are ignorant; so that by this means without all doubt much danger is avoided. Again, in regard that a regal Authority is commended, in respect of the exceeding Majesty and Dignity thereof: And the Authority of the Common People commended, in respect of the equal Liberty: Yet the Government of the Nobles, obtaineth that exceeding Majesty and Dignity by the Principality; and also giveth as much equal Liberty as is convenient, when as they (unto every one that shall endeavour himself thereunto, of what state soever he be, by his good parts & demeanours, and by making themselves a fortune thereunto) do bestow upon such, both the highest Offices, and also the partnership of the sovereign Authority. This then being set down as a Preface, to the end, that that which followeth and shall be spoken hereafter, be not mangled and spoiled; there remaineth now, that we diligently make enquiry, in what state the Government of the Battavers hath been, even from the very beginning of this commonwealth, to this very present. And in the doing whereof, if in case my arguments be not so absolutely perfect, as if I were in handling the History of the Grecians, or of the Romans: yet let no man marvel 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 registering of the affairs of Strangers: And that also even after the fall of the Roman 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 until now, very lately, is there risen up but few of good understanding that have endeavoured to propagate the Fame of the Acts of the proceedings unto Posterity: Especially, also, because that for a long time, the very Charters and Records do 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 hewn and unpollished portraiture of the Government that is described; and not expect a perfect, curious, and polished representation thereof: and must do in this, that which a Judge ought to do 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, he must imagine with himself, that the time betwixt both was conformed unto the ends, if the contrary do not appear. The second Chapter. In what Estate the commonwealth of the Battavers, was at the original 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 Julius Caesar, yea, peradventure some hundred years before, they being removed and come unto the place which they now inhabit, that is, into an island which was environed about with the great Sea, and the River Rhine; and the next place unto their shore upon this side of the Rhine, was that which is called the River Wall, or the Belgian border: And that then these places (as Tacitus reporteth) being habited, 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, do 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 original beginning in a free Land. What manner of Government they then used, Strabo showeth, who saith, that the Celtes were altogether addicted to the government of 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 we will credit Tacitus and Plinius. And as concerning the Walloons, Ambiorix showeth what manner of Government they had before the Conquest of the Romans, where he saith, That the command of the Prince in that place was such, that the multitude had no less sway over him, than 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 choicest of each Nation; even as we find many Examples thereof in Caesar: and Caesar himself showeth, where he saith, that the Common People amongst the Walloons were of no respect nor account, and that they were never admitted to come into any council; but that all their Authority was in their druids and Horsemen. That also the Germans from all Antiquity, did not live under the Authority of one only person, but of many persons. Tacitus showeth 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 maintain their own Liberty than the Kings of the Parthians were. And Lucanus maketh mention of them, they complaining after this manner, in these words: Our Liberty is gone, So far out of our hands; And got beyond the Doane, Into th' over Rynish Lands: And though we seek it should, And hazard life and blood: The Dutch, and Tartar bold, Do keep it as their good. Whereafter also this followed: Much People now abroad, That for themselves make Kings; But we have got a load, Our Liberty that stings. In which places, what is meant by this word Liberty; the proper exposition of the word King or regal Authority doth sufficiently express, as that which is opposite unto Liberty: like as the Annals in the beginning do affirm, saying, The City of Rome at the first beginning, was governed by Kings; But Lucius Brutus brought in both Liberty and Consulship. And like as these things generally did concern the Germans, even so Civilis, who was a Battaver himself, 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 said, Let them of Syria, and Asia, and the Easterlings be in subjection, which are accustomed unto Kings; whereby he showeth sufficiently, and gave them to understand, That like as the Easterlings are much addicted to have Kings, that by that means 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 himself of the royal blood. Whereunto may be added, that which Strabo reports of one Veromerus, who had 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 lacedaemonians had, only Kings in Name, not in very deed, were no other but the chiefest amongst their Nobles. This Tacitus plainly proveth, where he saith, That the German Kings had not a free and unlimited power; and saith further, that in their Convocations they were heard more with Authority to counsel, then with power to Command. In like manner speaking of the Frieses who were an ancient Neighbouring Nation of the Battavers, when he had said that they had Verritum and Malorigem to their Kings, added very discreetly thereunto, for as much as the Germans were governed after a Kingly manner. Also where he describeth the Goths, he saith, That they were governed more near unto a Kingly manner, than all the other Nations of the Germans; Yet nevertheless, not exceeding their Liberty: And showing 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 only generals. 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 to their valour and virtue. Caesar also saith, that the Germans in the time of peace, had no common general; but that they were chosen, that should be their Generals in war 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 wars; 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; from whence followeth necessarily, that they were both of them bound in with certain limits and restrictions. This limitation proceeded either from the Law, or from some other Authority: The Law hath his certain exceptions, as Tacitus so calls it; but the Authority of many joined thereunto, doth make that that one hath his Authority only by toleration, and not by his own right. The laws were not contained in writings, but were kept and maintained (as being holy) by memory and custom, like as it was accustomed among the lacedaemonians. Now in what manner, or how far, or after what sort, those Limitations of the Battavers did extend in Limiting the Authority of their Kings and Generals, it would be very heard to repeat: Yet it is credible, that the very same was not much different from that which hereafter in the sequel we shall hear, was used in the days of the Earls, the which but of late years was begun to be registered. And to produce proofs, that the Battavers descended from the Hessens, which was the most provident Nation of the Germans; and who did excel 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 public matters, did so constantly hold and stick together in maintaining the Laws and Customs of their Ancestors, in such sort that it may justly be said 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 custom of the Hessens, when as they did wear 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 custom, 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 wars which lately ended, that used the very same, maintaining the custom in that particular, which they had from their Ancestors. 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 be found in many Cities of the Battavers, even in these days, such Companies and Squadrons, consisting of Friends and Neighbours, being a custom exceeding all memory. By the old Germans, the women as soon as they were married, were exhorted and instructed, that they were come thither to be as Companion to their Husbands, in all pains, and in all dangers; and that she must endure and suffer all things with her Husband, whatsoever happened, whether it were in time of Peace or war: from hence it proceedeth that the Battavers, even to this very present day, do hold their goods common between bedfellows, that is man and wife. They do make their drink of Malt, which is made of Corn, very like unto Wine: They do wear very straight clothes girded to their loins. They do 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 be reconciled sitting and eating together at one Table; and that one part of the Reconciliation-money should be paid to their Lords, or put into the common Purse, and the other part should be paid unto him that was injured, or unto his friends. Which Customs have been continued, and yet still do 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 saith, that amongst this People was a custom, That every man for his own part, man for man, brought some of their own cattle unto their Prince, which he received of them as a gratuity, keeping the same for his proper use, from hence did the tithes proceed. Lastly, their manner of choosing their Generals, is expressed by the example of the Kennemers, who being a part of the Battavers, did after this manner elect one Brinio, being very nobly, descended for their general; as namely, They set him upon a Shield, and according to the custom of their Nation, as Tacitus saith, They lifted him up, and carried him upon their shoulders. That the very same manner continued amongst the Battavers and their Neighbouring Nations, even until the days of the Earls, appeareth in many old pieces, which do manifestly testify, that before the battle which happened between the Freises and Earl 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 chief of the Nobles of the Freises, did set their Earl upon a Shield, and so carried him upon their shoulders, and proclaimed, saying: This is the Magnificence of Friesland. The reasons wherefore that these old Customs were so strictly maintained by these People, as well in particular, as also in public matters, which tend more to an outward show, then to any powerful effect of Government; I could easily persuade myself, that even of old time, they have had such laws concerning the Government, as the custom of succeeding times hath declared. Yet must we make enquiry, in whom was this highest power or sovereignty, besides in the Kings and Generals. I find 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 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 countries, and of the Quarters, do minister Justice unto them which are under them, and do decide the Controversies. Tacitus saith, that those Princes do minister Justice, both in the Quarters and in the Villages. Tacitus also showeth 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 that were nobly born, and of the choicest of the Nobility, or rather, the meritorious deeds of their Predecessors being applied even to their young Youths, did afford them that worthiness to be 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 worthiness of their Offices; their ensuing Posterity afterwards were those which were called Barons 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 adjoined a hundred men, which were chosen out of the Comonalty, to be as their Companions, serving for counsel and Estimation. Those were the Princes that Caesar reporteth, who together with the Officers, divided the Lands into Portions and Pastures: So than were those same Regions governed partly by those which were chosen out of the Common People, and partly by those Princes of each commonwealth. And they in this manner governed each of them their Quarters, having (being altogether,) the sovereignty of the whole commonwealth, 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 general; yet in such a manner, that whatsoever was decreed by the general Princes, the Comonalty was acquainted withal. 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 happened, 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 general) that same is not so to be understood, as if every one should come thither, like as it usually happened 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 so called, the Kennemers, the little Freises, the Friesiabonds, the little Cauches, the Tusians, and the Marsacians: Now these altogether were called the Convocation itself, whereunto some persons were sent from each Region and State. Tacitus expoundeth that same, where he speaking of the Semnomes, saith, that all the people of one descent 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 Germans in general, he saith thus, that they assembled upon certain days, unless 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 altogether, nor yet when as they were commanded or warned; but oftentimes they let pass two or three days before they did assemble; so that then the sovereignty 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. Again he saith, In this same Assembly the Princes were elected, and also those hundred men which were chosen out of the Commons, and adjoined as companions unto them. The Kings themselves and the Generals were heard in this Assembly, (as is before said) more with Authority to counsel, then with any power to command. And although this was common unto all the Germans, and not appertaining unto the Battavers, as being not able to attain 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 Romans; for that end (saith he) he 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 general: 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 conjointly in the Assembly, had the sovereignty of the public matters; but in regard that this same Assembly did seldom 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 own Jurisdiction, as in those Magistrates which were chosen out of the second State; the which in such a wonderful musical consort doth express that Government which Plato so much commendeth, in which the Nobles together with the mutual agreement of the Common People, had the sovereignty: Yet this must be added hereunto, That in one matter the Battavers do seem to differ from other Germans; as namely, That the Germans dwelled all in open Villages, and had no fenced Cities nor walled Towns: On the contrary part, it is apparent, that the Battavers, (as soon as they had Possessed the island) made fenced Cities, to the end, that they (not like as other People) might settle their abode for a short time, but to continue and that in one place: whereof Tacitus saith, because of the convenient and easy access thereunto for all commodities, which abundantly might be brought in thither. For first of all, the great Sea opened a free passage for their traffic into Great Britain, and to the Seacoasts of Germany. And secondly, the Rhine, the Maes, and Scheld opened them passages for traffic into the heart of Germany, and to a great part of the walloons country. Adding hereunto, that in the time of Julius Caesar there were very many walled towns in the walloons Country, which was a near neighbouring example for the Battavers. Moreover the nethermost part of the island 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 public Assemblies: And that the simple common people busied themselves, some with tilling of the Land, others with feeding of Cattle, and others with fishing, and with merchandise, 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 commonwealth 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 original beginning of that people: But in regard that the Magnificence of the Romans did oppress so many other Nations, that they made free Commonwealths to be their Tributary; Provinces. And that they used the very Kings themselves as instruments of slavery, as some Writers affirm: So peradventure may some think that these Common Lords the Battavers were used 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 own words presently following do declare, where he saith, that the Mattiacks being near neighbours unto the Battavers were in the very same custom with the Romans, that is, to pleasure them; which word doth not appertain unto a subject, but unto a friend: Adding yet further thereunto, That it so far extended itself, 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 equal, and another sort that is unequal: The unequal is, when one Nation is subject under the authority of another; The equal is when as each of these Nations do continue in their own privileges, notwithstanding though one Nation oftentimes be more mighty than the other, although their privileges be both alike. Yet oftentimes it cometh so to pass, that those that have the least might, although the toleration be equal, yet nevertheless very willingly do certain homage unto those that are the more mighty, and do endeavour to please them: And in this case it is credible, that the Battavers have done homage unto the Romans, and yet have not been subject under their Command. The word Society showeth the very same, the which Tacitus useth in the same place, which Society was also honourable; for saith he, they held their reputation, and the tokens of the old Society; for the Society betokeneth an equality of each others privileges; and so much the more, when as the word of Reputation is added thereunto, the which cannot be understood in a Nation which submit themselves unto another, either by yielding, or by an unequal toleration. Yet in another place Tacitus speaketh more clearly of the Battavers, where he saith, That they being in the Society of such as were more mighty than themselves, were nowhit dismayed at the Magnificence of the Romans; for as commonly amongst those that are so unequal, 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 proveth, that the Battavers had obtained this by their undaunted courage and fidelity, that they maintained the Society, that is an equality of privilege, not only in words, but in very deeds also. I will conclude this point yet after this manner, The Nations that were under the Romans, showed 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 paid Toll. Now concerning the Roman Magistrates, they were never in the island of the Battavers; whereupon Civilis in his Oration unto his country men, saith, That there never came so much as a Legate of the Romans unto the Battavers, but they governed their own Common wealth by their own laws, and their own 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 days 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 been for no other end and purpose in them, but for this respect, That they enjoyed yet still their own laws as a benefit from the Romans, yet for all this the Battavers paid nothing at all, neither the one, nor the other. Tacitus saith, they were not upbraided with tributes, nor oppressed 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 themselves do say, that they were not charged with any Tributes. What other Articles there were concerning the toleration, it were folly to make further enquiry then of those that are manifest, and which the Romans 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 less need to fear them, because they learned of the Magnificence of the Romans. And again, the Romans perceiving that the Battavers would be a great assistance unto them against the Belgians, the Germans, Britains, yea even against the whole world, as being such who were the most excellently valorous of all other Nations round about them: and no less famous for their horsemen, Footmen, and Mariners, and aptness for all sorts of war; therefore like as at this instant the Swisers are serviceable to many Kings; even so did the Battavers unto the Romans in those days, furnishing them with Troops and Companies, the which as Tacitus saith, were governed according to their old customs by the noblest of their own countrymen: This was a great token of their equality, which seldom happened in the Monarchy of the Romans, that the Battavers themselves appointed those that should be the general, and the Officers of those that were sent to assist the Romans, and received none from the Romans: This is that which Tacitus saith, That the Battavers brought only Men and arms 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 battles, and were preserved for the war as arms and Ammunition. Besides the assistance of men, the Romans had another as great a benefit of the Battavers, as namely, the use of the island, wherein they had not only certain Garrisons, but also a Fleet upon their Sea oasts, and all other things that were necessary for the provision of their war against the Germans, or the Britons. It is without all doubt, but that Caius Julius Caesar, was the first of the Romans that invaded these Countries, by whom they were first brought unto this society and Alliance with the Battavers; for he maketh mention himself of the island of the Battavers, and how that he was come so far where the Rhine and the Maes ran into one stream, and that he in his Expedition had the Battavers to assist him; the which Lucanus plainly expresseth unto us. He himself also writeth, that he had with him Dutch Horsemen, afterwards also certain light armed Footmen, which whether they were Battavers themselves, or were among them; and that the rather because that all the rest of the Germans had a detestable hatred against the Romans: And Caesar writeth, that those same Horse and Footmen, were levied out of the commonwealths, the which he 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 himself 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 several battles 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 before, that no other should have the first onset thereof, and the event and success showeth the same, as Florus and Dion do testify. These were the very same Battavers, whose Horsemen had that Quality of swimming over Rivers on horseback, which no other could do, and put to flight Ptolemy▪ and the Alexandrians, when they charged Caesar: for which great examples of Courage and fidelity, Augustus Caesar took the Battavers to be his personal Guard, as now many Kings do the Swisers, which also the succeeding Emperors 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 island, as also by the valour of the Battavers, like as it is clearly proved by the example of the general Cariovalda, in the reign of the Emperor Claudius, when Plautius was sent into Great Britain, That then a great part of that island was Conquered by the wonderful and admirable Stratagems of the Battavers as Dion testifieth. Again, under the Emperor Nero, when Suetonius Paulinus governed Great Britain by many strategems, was the reputation of the Battavers exceedingly augmented: Shortly thereafter, followed the civil wars of the Romans, whose good or bad success depended most of all upon the Battavers. These were they who advanced Galba, and after him Vitellius: The Legions of the Romans themselves called them the strongest member of their Army, the ablest men, old soldiers, Conquerors in many battles: 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; lest that for the punishing of one man, who was so mighty amongst the Battavers, they might lose the hearts of so valiant a Nation. And Martial speaking of a Battaver, useth the words: This face which I do show thee here, Did make your father's most to fear. Now sith that the benefits were so many and so great, which the Battavers had showed unto the Emperors, and unto the Monarchy of the Romans, as that they had such profit by that island: That they were so exceeding valorous, and that the fame was so spread abroad of the great aid that they had received from them, so that it was no marvel that for the space of a hundred and twenty years (for so many years is the reckoning from Caius Julius Caesar, unto the reign of the Emperor Vespasian) the Battavers still kept their reputation, and their absolute perfect privileges of the Society. But when the time came, that the Favours of the Romans turned into an enforcing Taxation, and they not only prosecuted the same with exceeding greediness, but also aggravated the same with most detestable and reproachful Ravishments; the which was in no wise tolerable for a free people to endure: Then did the Battavers that which was lawful for such worthy men to do, in taking of arms, 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 arms against the public Lords: That Liberty naturally was given, even to the very brute beasts: From the History of which war 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 island of the Battavers; and they were exceedingly had in great estimation throughout all Germany, and the Walloons country, 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 arms, 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 success and event that war had, which the Battavers undertook by the Resolution of both the States, under the conduct of Civilis, against the tyrannical domineering of the Romans, is not very manifest, because that Tacitus 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 Josephus the Jewish Writer saith, This war 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 sequel thereof, showeth manifestly enough, that after that war they were neither oppressed with Tributes, nor yet with Toll; but that they kept their privilege, only with this Condition, that they should send aid unto the Romans. And for a certainty, before that time, in the Reign of the Emperor Domitian, Agricola being assisted by the Battavers, effected strange businesses in Britain: Also when as Adrianus was with his Army by the Danow, that also then was there great Service performed by the Battavish soldiers. After those times, the privileges of the Battavers were so far 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, do sufficiently testify; whereof some produce the time of Severus; and others, of Antonius and Geta; for they do 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 Friends, as well of the people, as of the Monarchy of the Romans; from which name, a certain panegyric Writer, saith, appeareth as well the fellowship as the equality of their worthiness. After these times, the francs began to be known about the Rhine, against whom the Battavers and the Romans had continual wars: Oftentimes the francs invaded the island of the Battavers, oftentimes they were repulsed. And lastly, in the reign of Constantius the Emperor, the francs trailing the Almans along with them, and the Saxons who were in Confederacy with them, swarming up and down far and near, that then Julianus did so pepper them in a great battle by Straesburch; for the Victory of which battle, as Ammianus saith, they may principally thank the valour of the Battavers; for the Horsemen of the Romans being all fled, and the Enemy beginning with their swords to fall to the Execution of their confused battle; 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 perpetual Command of the Kings, than the temporal 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 privileges from those that were their ablest Confederates, not in the least degree, as mear reason can sufficiently approve the same. And undoubtedly, the cruel Wars with the francs, which continually endured from the reign of Valerian, even unto the Monarchy of Julianus, being a hundred years, gave such a shroud pul-down unto the People of the Battavers, that by reason thereof, it happened that the Salians who were one of the principal Nations of the francs, first invaded a part of the island 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 Emperor Julianus, first by Arms defend his new 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 francs, 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 aid 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 maintain the privileges of their Liberty undiminished. But especially about this time, the State of the Romans in great Britain 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 and of royal blood, was then made governor of great Britain, as in my opinion, the very name imports so much, being descended from that famous general which was in the reign of the Emperor Vespasian. The fourth Chapter. In what Estate the commonwealth of the Battavers was after the fall of the Roman Monarchy. FRom these times until the first installing of the Earls, which was about five hundred years after, the Histories are very defective: And in the mean 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 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 island, kept still that name: And the Battavers whose dwellings were lower in the island, 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 appear in the old Superscriptions, That amongst these Battavers which were the Guards of the Emperors, were certain Frisiabones. Now it appeared well, that the name of Freises pleased them, either because that same word in that Language is very near unto Freedom or Liberty; or else, because that the Freises being environed about with great Lakes and pools 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 find, 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 ancient Writers of the French and German Histories, about this time do nominate certain Kings of the Freises, which have held hard War against the francs; and amongst others, the name of Radbond is very famous, whose head is to be seen in the Castle at Medenblick; after the Kings, you shall find certain Generals expressed by their names; these were they which were called Potentates. It is somewhat strange, that which we read in Procopius, That in the great Sea, about the mouths of the Rhine, that there should be an island called Britton, lying opposite against Great Britain: That the same island was inhabited by three Nations, whose names were the Britons, English and Frieses; from whence yearly, many people went to inhabit the habited countries of the francs: And that for this occasion, the francs, although they had no other Interest in that island, the which also was governed by their own Kings, yet nevertheless they endeavoured that it should be said and be believed, that it was subject under them: And hereupon, the King of the francs sending an ambassador unto Constantinople, unto the Emperor Justinianus, did therewithal send some of the People of the foresaid island, that by that means he might have a pretence of Authority over that island. 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 island in the Sea, that hath the mouths of the Rhine in it. And moreover and above, it appeareth that upon the Sea shore of Battavia upon the middle mouth of the Rhine, there stood a House called Britton, whereof yet even in these days the remaining Foundations are yet seen; and it is no marvel then that either the House took this name from the island, or else the island 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 fly; then after, the House standing thereupon got the same name, so that even now the whole island is called Flieland; which if this be true, then was there yet two other Nations which inhabited that island, besides those that were born in the island, which we have said before were called Frieses, viz. the English, which were an old German people, and the Britons which peradventure were enforced by the violence of the Picks and men of Norway to leave their native country, 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 that they divers times sailed from thence into Britain 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 forefathers 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 country as unto the Sea Coast of France, which is now called little Britain. But that the francs striving for the Reputation of their kingdom, do affirm that it should have extended so far, who indeed had no Command over this island, or at least, not below Utrecht, the which some do affirm to be the period of the kingdom of the francs, then called Austrasians, which do very well approve the Liberty of the Sea-bordering Battavers; from whence it is credible, that they were multiplied from time to time, by the increase of new Nations. And that they having made peace with the francs for fear of the People of Norway, and uniting themselves by a fast and sure league, have continued their old manner of government, as well under their Kings, as under their Generals, even to the time of their Earls, whereunto we now proceed. The fifth Chapter. In what estate the commonwealth of the Battavers was in in the days of the Earls. I Will pass by what others have reported of the institution of this earldom, who therein have followed the Authority of a certain report but lately risen up, the same being founded upon certain writings, which doth sufficiently confute itself: 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 not over the whole Nation, but each of them over some one part thereof: As those had whereof Tacitus and Caesar do 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 German laws: which to speak properly, is nothing else but Judges, from whence we call those that are the Officers and controllers of the causeys and of those banks that do check the Rivers and the Sea, we call them Dykegraven, that is Causie-Judges or causey Earls. And with good reason were those Princes so called, because that their principal Office was as is aforesaid to administer the Law: Now wherefore that these Earls or Judges in former ignorant times, by those that spoke Latin, were called Comites, or Companions, I can find no great reason for it, unless 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 earldoms. And such an earldom Walcheren which is an island in Zealand hath been: And likewise, such have been Maesland, Kennemerland, and texel, being all Regions in Holland, each of them hath been Earldoms of themselves, the which both History and ancient Writings testify. Such also were the forefathers of the seigniors 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 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 country thereabouts, which seigniors being the surveyors of the Dams & sluices of the River Rhine, 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 towns in this Land, as Schaffnaburgensis an old Writer nameth Flaording and Rynsburch to be very strong Towns in Freisland; whereunto may be added Froonley in former times the chief City of the Northern Quarter: Dordrecht and Haerlem are of no little Antiquity. The principal seigniors aforenamed, and the Magistrates of the Towns (seeing that they were daily encumbered with 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 public Consultation & Resolution (as may well be imagined) how that they not would content themselves with certain 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 forefathers, who had Kings, yet their liberty not infringed, to ordain a Prince, over the whole body of the commonwealth; which they entitled not with the Title of King, as being such a one as was not employed any otherways then in the chiefest and absolute Authority, but entitled him by that accustomed and usual 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 himself over the other Judges. Unto this command (out of all question) he was chosen that was the very principal, 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 dwelled upon the seaside were called Freises, we have showed already, and the same is manifestly proved with the aforesaid place of Schaffnaburgensis. John Vander Does the Father, seignior 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 showeth (in his books, wherewith he hath perpetually obliged his Native country 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 Dederick's Father was one Gerloffes, 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 son, 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 be well supposed) of the Lords and the People of the Towns. And also because that in the Maps of Utrecht, 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 commonwealth being concredited unto him, grew into a Community of the same name, to this end, that those Freises which dwelled upon this side of the River fly, should properly be called the great Freises, only to make a difference between those Freises which dwelled on the other side of the fly; yet nevertheless, that part which is next unto the fly, even to this present day is called West Freisland, the which with Holland maketh a commonwealth. Unto this is very conform that which the States of Holland alleged in that famous controversy which was disputed upon by them and the Brabanders before the Emperor Charles the Fifth, Prince of the Netherlands, where the Brabanders affirmed, that the Emperor Charles the Fourth had granted them a certain privilege, that they out of their own country might not be sued at the Law, maintaining therewithal, that it was not lawful for the Hollanders to proceed against the Brabanders by manner of Arrest after the Hollanders manner. Whereupon the States of Holland showed to the contrary, That that privilege did not concern them, in regard that they and their Earls from all Antiquity had the sovereignty & 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 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 Emperors of Germany or of Italy had in their Empire, without being bound or beholden to any by manner (of Leen,) that is either Free form or copyhold. 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-farm, or copyhold, without the Consent of any other foreign Power: Although that the Ordinances of the German Empire, with what general Title soever they might be written or registered, were never 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 Germans had ordained very many laws for the obtaining of succession without testament, even to the derogation of all customs to the contrary; yet nevertheless the Heritages in Holland were never assigned by no other Law then by their own customs to that very day; that also the affairs neither of the Earls nor of the States were never sentenced by the German Senators. The which being thus alleged and proved by the Hollanders, the Declaration followed, that that privilege which was given unto the Brabanders, was of no force in Holland. Besides this, Philip of Leyden writing a Book of the government 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 Earl of Holland is Emperor in his earldom. We know that the German Emperors, and also the francs, as it is before reported out of Procopius, usually pretended that not only the Earls 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 nevertheless free. In such like manner, as Proculus an ancient Lawyer proveth very well; The particulars which are defended by others, do not therefore lose their freedom, because they are not of equal worth with their protectors: And in like manner, the freedom of the people is not diminished, because in their Covenant there is contained that they with all courtesy should respect the sovereignty of another, from whence also the name of free Leenen (that is, as Free Copy-holders) hath its original. But nevertheless this same Covenant of free Leen, or after what sort or manner the same might or could be termed, the Earls never consented unto, as easily may be understood by that which before hath been said, as also out of the History of the wars with the first Earls; and namely, Dederick the fourth, (for the maintenance of their reputation and worthiness) undertook with good success against the Emperors. And put the case that any of those Earls, either in time of necessity, or for some certain consideration, were brought thereunto, who depending upon the Emperors have desired their protection, which so happening without the consent of the States, the same could neither prejudice the privilege of the commonwealth, nor yet of the succeeding Princes. In every respect we are certainly assured that neither those Earls of the house of Burgundy, nor yet those Earls of the house of Austria, the memory whereof is yet unfallible, that they never in respect of Holland have done any homage unto the Emperors: And that Holland never was subject neither to the laws nor customs of the Emperor, nor of the Empire, which is the very principal point of all; and that the Germans themselves do confess; from whence it is manifest, that the principal sovereignty over the Hollanders hath been among themselves, and never depended upon any foreign Authority. It remaineth now that we consider the other, that is, what privilege and authority the Princes had in the commonwealth, and what was the Authority of the States; the which we should very particularly know, if in case those laws were to be found, which concerning the Authority were given unto Dederick. But besides that which formerly hath been spoken, that by the Germans books as well of public as of particular matters but very lately began to be registered, so is also the memory of all those times, (excepting only of some certain wars, and of some other matters which do not concern 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 father's days hath been registered up by foreign Writers, That the command of the Princes of these Lands was as well limited with laws, 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 again 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 shown to have been in those former times, did fall from that equality of power whereunto they were accustomed, unto such a sudden unequality: And on the contrary part, it is manifest, that afterwards when as the magnificence of the Earls by the adjoining 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 principal laws of the government, viz. That no Countess should marry unto any man, but with the consent and good liking of the States. That none of the Officers, as of the counsel, and Rent-masters, and praetorship should be conferred upon no other but unto those that were born within the Land. That the States shall have liberty to assemble upon the affairs of the Land and State, and that as often as it shall please them, without need to have consent of the Earl 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 war, 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 coin 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 be warned to assemble upon any convocation out of the Provinces. That when as the Prince shall have need of any impositions or collections, that he himself 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 laws and customs, being holy, should be inviolably observed; and if the Prince should ordain any thing contrary the reunto, that no man is bound to observe the same. These laws having been long maintained by mere custom, were afterwards registered into Articles, and subsigned by the Princes from time to time, to this end that the natures of the same Princes might not be infected by the evil incitatations of flattering Courtiers unto the hope of an unlawful domination: And at the last, in regard that the States made complaint of their grievances, that most of the fundamental points of the ancient Government were overthrown by innovations; even than was there a collection made of all these aforesaid laws; and so by some others before, but chiefly by Mary Countess of Bourgondy, they were sealed up for an everlasting memory. And although the Hollanders now in the succession of the earldom followed the order of lineal descent; yet nevertheless, to the end they might show that the command and authority did not proceed from a fatherly inheritance, but from the consents of the people, 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 maintain the laws and customs of the Land; the which being thus performed, they promised again to him fidelity and obedience in whatsoever the laws should command them. Wherefore in regard that those laws being conditions and precontracts, are connexed unto the Authority, than hereby is manifest, that those Princes had no power of themselves to lose or to dispense themselves from the aforesaid laws, 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 chief Power or sovereignty cannot be in such a one as is bound unto any civil laws or institutions, like as most of the Northern Princes be, that even also the Earl of Holland being bound unto so many laws, hath not had the right of the sovereign power only in himself. 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 less consequence are all approved by very old examples. For whereas Arnoulffe the third of the Princes had two sons, the eldest who was called Sifrid, and of some Sicco, for some certain fault, was denied the command; and the Principality (by the consent of the States) was conferred upon the younger, whose name was Dederick. Dederick the fourth dying without 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 years being yet unfit for government) the States conferred upon his Mother the Lady Geertright, and also married her unto Robert the son of an Earl 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. adam the daughter of Dederick the seventh, because that she married the Earl 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 but young, his uncle Florence was ordained Protector, after whose death because that Alidt his Aunt administered in the Protectorship, not according to the counsel of the States, but after her own will, the Government was committed unto Otto Earl of Gelder, who was the nearest (though very far) of kindred unto the young Earl. Afterwards the Principality being void by the death of Florence the fourth, the commonwealth was governed by the Nobles and the Cities, until that John the son of Florence, who (travelling abroad) returned out of England, whose Wardship was concredited unto John Earl 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 son Duke William for their Earl, who afterwards being mad, the charge of the commonwealth was committed unto Duke Albrecht his Brother, as Steward, providing that he should govern the commonwealth by the counsel of the Barons, Lords, Knights and Squires (which are degrees of the Nobility) and of good towns. This Albrechts' son, Duke William, perceiving that he should die without leaving any heir-male after him, assembled a Convocation of all the Nobles and of the Cities, and there entreated and obtained, that the succession of the earldom might be granted unto his Daughter the Lady Jacobey; but in regard that this Jacobey abused herself, by marrying without the consent of the States, she was reputed unworthy of the Government, so that in her life time she must endure to see the Government of Holland transported unto Duke Philip of Bourgondy. This Philip his son's daughter the Lady Mary was married unto Maximilian, Archduke of Austria; which Maximilian after his wife's death, desiring to keep the agreement in his hands, and administering in the same, not as being administrator and Protector of his son 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 adjoining Provinces valiantly resisted the same. The same States of the Netherlandish Provinces appointed the Protectors unto the Emperor Charles the fifth of that name when he was but young, and came first to the Principality. The same Charles the Emperor having in an Assembly of the general 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 original beginning from the States, that even so it returned again unto them, as often as there was no Prince to succeed. Moreover, we shall not find 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 Barons and Nobles, who sealed and gave virtue unto the same; for these were the Ancientest council of the Earls, like as it was also in former times of the German Kings. Now concerning the Cities, their number, and with the number their worthiness is from time to time augmented; for even of old time each City had their own council 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 council ordaineth the principal 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 do 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 ones also, do take their turns at the Convocations and Assemblies of the States. Philip of Leyden before named making often mention of the Nobles and the governors of the Cities, calleth them the great ones of their native country, saying, that their care was (the Prince neglecting the same) to see that the commonwealth should suffer no wrong. I find also that in the days 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 toll: And this Assembly was called the High council. Moreover, no Imposions nor Contributions were imposed 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 always openly published. And from hence it proceedeth, that even of old and from all times, the aforesaid Contributions and Impositions, were called nothing else but the entreaties, the which name is often found in Philip of Leyden, in regard that they (as hath been showed already) were granted at the entreaties of the Princes. The same being also a sufficient demonstration how the Principality must strike sail unto the Authority of the States: Yea, even in Philip himself who was the last Earl, and maintaining wars in France, those nine years' Impositions were not consented unto by the States no otherways, but by the 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 privilege, that they may assemble at their own pleasures, even in the very latest times that were before the wars. From all that which hitherto hath been spoken, appeareth, that the Earls 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 suspicious for the Liberty as the Kingly Title was. Moreover, that the same Earls were elected according to the succession of blood, as the same is used by many free Nations; but yet nevertheless, the Authority was not given unto them without exception, in regard that there were laws appointed thereunto, and were confirmed by Oath. That herewithal, 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 coin, which is the sinews and strength of a commonwealth. And that may we truly say of the Earls, which in former times was said of the German Kings, that they had Authority, but it was by entreaty▪ or permission. If in case I should seek for a foreign example to this purpose, I can find none more like hereunto, then in the commonwealth of the lacedaemonians, the which by Plato, Polybius and very many wisemen, yea, by Apollo himself is affirmed so to be, and is by them commended before all 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 custom of the laws of the Land. Now the Kings had power over each one, but above the Kings were the surveyors or Ephori, together with the council. The Ancient Fathers do very much commend a notable Speech of Theopompus King of the lacedaemonians, who being disdainfully reproved by his own wife, because that he had diminished his own highness by the Institution of the Office of the surveyors; he 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 commonwealth consisteth in a certain melody or consort, the which being once broken, all cometh to nought: 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 several 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 good success of war; 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 show; 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 Emperor of Constantinople, whose sister was married unto the Emperor of Germany. Divers others that succeeded, were married unto the House of Saxon, who then possessed the Empire. Florence the third, was married unto the House of the King of Scotland; William the Second of that name, Earl of Holland, was elected Emperor of Germany; and as I think, for no other cause, but for that he was used in his own country unto such a moderate Government. This man's son 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 John his Son with the advice of the chiefest Nobles of the Land married the daughter of England: And presently after William the Sixth, married 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 Emperor of the House of Beyeren: Jacoby unto a Dolphin of 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 married unto one of the house of Burgundy, did Holland obtain the same Prince, who was before Prince of Brabant, and of Flanders, and many other Nations. And by this means were several Nations, not differing in manners, laws, and customs from each other, being at a special unity, and under one public Authority, thereby the more fortified: Thereafter the Lady Mary of Burgundy, had by her Husband the archduke of Austria, a son, unto whom befell for his marriagegood, the greatest part of Spain, and with Spain the expectation of Terra nova and many other Titles which are spread far and wide over divers countries. But from this 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 wars. THe nature of man is much addicted, and is easily inclined to domination; from whence (according to the saying of Aristotle) proceedeth tyrannical Government; especially, when as the Prince transgresseth the limits of the Laws of the Land: And it seldom happeneth, but that men attempt the taking of more in hand, than 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 country, as having no expectation of foreign power to rely upon, were obedient unto the laws, were lovers of equity, were respecters of the States, as well knowing upon whose power and means both their honour and reputation consisted. The Burgondians descended of royal Progeny, were the first that climbed up the first step unto domination, yet very secretly; the Liberty continuing never the less, not only in outward show, but also for the greatest part thereof in her full face. Afterwards Charles being Emperor, and King of other countries, was not therewithal well contented, that herewithal he should be called but a Prince: But yet he for affection and some certain respects was restrained, in regard that he was born and brought up here in the country; and besides, did exceedingly respect this People, as being very convenient Instruments for the enterprising of any great exploit; and such as were of themselves very faithful, but yet very soon displeased, and exceeding powerful, when as their Liberty should be but once touched. Now the Church of God at that time being overwhelmed and poisoned with palpable Heresies, and longing for a wholesome medicine to purge the same: yet he resolving by violence to maintain that which was in use amongst them, sent his bloody Commissions, that whosoever should be found to be of any other Religion, should be punished with death, never respecting nor enquiring what was the meaning and resolution of the States in so weighty a business. But his Son Philip being of that 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 ruin 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 continual jealousy and contention betwixt them, which of them should be best in the Prince's favour; whereupon they sought to make the Liberty of the Netherlands very hateful: And on the contrary, to demonstrate how that the Cities in Italy, and the countries of America, and the West-Indies, in such and such manner were kept in subjection with their Garrisons, and that there was an absolute obedience without any limitation. At what time as the wars in France ending, and King Philip being requested in behalf of the States, that he would draw the Garrisons of the Spaniards out of the country; which reasonable request of theirs, he took very heinously, and in ill part; and being returned again into Spain, from that time for the most part after never permitted the public affairs of Holland, nor of the Netherlands to be governed by the Lords that were the Inhabitants, and borne in the country, whereof according to old custom, the principal and permanent council of the State of this Land did ever consist, but by the resolutions which were concluded in Spain▪ leaving here the Cardinal Granvell to be the executioner of the Spanish Precepts. The matters concerning Religion were brought to that pass, that although it had been a matter of great offence to have believed any otherwise then the Pope of Rome should think convenient, yet nevertheless a good Prince should not have atempted to have punished the same, in regard of the great multitudes of those that might be accused therewithal, from whose consciences that Religion of what sort soever it might be, would never by no fear have been extinguished, or qualified. For this occasion the principal Lords, and also the chiefest Cities and Provinces made their Declaration, that neither their traffic, nor yet the common tranquillity of the Land could be maintained, unless those corrisive Commissions concerning the Religion, were lenified and mitigated; the which was so far contrary to his mind, that King Philip should follow their counsel therein, that he 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 unusual 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 Christendom, and is practised in Spain. To this end and purpose were there here and there new bishoprics erected and distributed with great contradicting and in despite of the States, without whose consent in former time the clergymen might not be augmented; considering now that all this without all doubt tended to the great confusion of the public affairs, and first of all, those Lords that were in the council 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 less moment, viz. to a Convocation of the general 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 general States; from hence there arose an uproar, not by any common consent, but by the enterprise of some certain particular 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 trespass and sin to make supplication and intercession unto them. And after that this uproar was pacified by the authority of the principal Lords, it pleased the King of Spain, 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 sovereignty, being naturally a very rigorous man, as all Germany can testify; he very openly published that both the States, Cities, and People of the Netherlands, and every person in particular had forfeited all their privileges, and that from hence forward they were to expect no other laws but what it pleased the King to command, whereof he himself was a sufficient testimony that the laws were abolished; he being a stranger, and none of the Prince's blood, and yet nevertheless against all right and custom was sent to possess the general Government. The judgement of matters was also withdrawn from the lawful and ordinary colleges, and by the erection of a new Judgement Seat, or Bench, where the matter of Lesae Majestatis, or the abusing of His highness, 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 only many thousands of the common people were executed, but also the very Earls themselves of Egmond and Horn, being condemned by false accusations, were forced to present their necks to the violent stroke of the Hangman. William Earl of Nassaw, Prince of Orange, being one of the chiefest Lords of the Netherlands, with divers others, were banished; of which persons, Egmond had his earldom in Holland, and the Prince of Orange was governor of Holland. The marquess of Berghen, and the Lord of Montignie, who had carried the Requests and Remonstrations of the people and of the States into Spain, were both made away, the one being openly executed, and the other▪ according to common report, poisoned. Thereafter, according to the custom of all those that will be Dominators, the Cities were planted with Spanish Garrisons, or else citadels 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 raiment, they were enforced at that time by the terrible threatenings of their Deputy, to bring up the twentieth penny at the sale of every house or parcel of Land, and every tenth penny of all movables, which their Princes themselves in former times were accustomed to. Then the fidelity and the Liberty of those people were long contending with each other; but in regard it was not possible to endure any longer the oppression of their laws: and they setting at nought of the States, and the government which had continued so many hundred years; and that the liberty of their posterity could not longer be maintained: then the States of Holland, unto whom appertained the protection, as well both of the laws, as also of the general, and their own particular Rights, in the year 1572. upon the 19 of July, in the Assembly at Dordrecht, consisting of certain Nobles, and of the Deputies of the greatest part of the Cities, according to the example of their Fore fathers, who took up arms against the Romans, when as they pressed to be Dominators, undertook the war against the Duke of Alba, re-establishing again the persons that were unlawfully banished, and acknowledged William Prince of Orange for their governor and general. The seventh Chapter. In what estate the commonwealth of the Battavers was in the time of war, and is now at this present since the war. SInce which time the sovereignty of the States, which was not a little obscured and darkened by that usurped authority of the last Princes, is brought again shining more clear in the light. And afterwards when as the States of the neighbouring Provinces had taken arms with them of Holland for the maintenance of their Liberty, and were knit together by an assured alliance and confederacy; And that King Philip (whose reputation even yet hitherto hath not been touched) neither by entreaties, nor by admonition, could be brought into a better mind: then at last the general States upon the 26. of July, in the year 1581. declared that King Philip, by reason of the nullifying of their laws of Government, according to all laws, and ipso jure had forfeited his Principality, in the same manner like as many free Nations have oftentimes condemned their Prince, as the lacedaemonians condemned Pausanias; the Romans, Nero; the Venetians, Falerius; and the Danes, Christiern: Yet nevertheless, these Nobles did not govern the Commonwealth without a Principality. But like as in former times in place of the Kings succeeded the generals, even so did the Prince of Orange (the title of Earl being taken away) obtained the lawful Authority under the Title of governor: This Prince his singular unity with the States, whilst he gave place unto their mightiness, and they on the contrary part both loved and respected him as being their common Father, brought the affairs of Holland from little beginnings to a great growth; wherefore although the neighborings Provinces had ordained first Mathias Archduke of Austria, and after him the council of State, and yet after them the Duke of Anjoy over them: yet nevertheless the States of Holland and Zealand maintaining firmly the confederacy 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. After the death of the Prince of Orange, the general Government was resigned unto the Earl of Leicester, who had brought over English▪ soldiers with him to aid these Lands; but in regard that he being of a Kingly prodigality, and unacquainted with our customs, and following evil Counsellors, began to speak against the Government of the States, and to bring in many innovations; thereupon the States took occasion to show that their power from the which Leicester had received his Commission, was the most righteous and the most ancient power. Also, certain persons, who to pleasure him, sought by uproars to bring in alterations, they punished with death; which the Earl of Leicester understanding, left both the Government and the Land. And thereupon Prince Maurice, the son of William Prince of Orange, took upon him the chief government over Holland, and of certain of the Neighbouring Provinces. Under his Government hath been great concord, so that by the twenty yeeers' tranquillity of the Commonwealth, and by the enlarging of their borders, by fortunate Battales, by Seidges so ably enterprised, as also more ably resisted, have the States obtained the fame of exceeding wise Governors, and Prince Maurice the fame of the worthiest general. The Reputation of this Commonwealth is yet augmented, since that Kings have accepted the same into confederacy with themselves. For in the year, 1597. was a Confederacy agreed upon betwixt the King of France, the Queen of England, and the States of the united Netherlandish Provinces: Yet nevertheless, 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 own defence; but after his death was the war more openly manifested, and that war was sent back again into Spain, which first came from themselves: Yea, and even unto the very furthermost parts of India is our traffic sailed, being defended with arms: 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 ambassadors coming so far as out of the other world. Hitherto hath the wars continued: 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 lawful resolution, which they had justly decreed and pronounced against King Philip's Authority, might any way be impeached or touched; 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, Philip's Son, showed themselves to be ready to acknowldge the freedom and Liberty of the States; then through the Intercession of the Kings of France, of Great Britain, and of Denmark, and of some other Princes did begin a communication: And in regard that many difficulties hindered the Peace, there was lastly in the year 1609 a Truce concluded upon for the space of 12 years, with a formal 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 state's general 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 Julius Caesar, and ending at these times, showeth, that continually during more than 1700 years, the Battavers which now are called the Hollanders, have used the same Government; the sovereignty whereof hath always remained in the state's hands, and so is it at this present. So that nevertheless, a Principality hath belonged thereunto, sometimes in a greater, and sometimes in a lesser manner of administration. In former time coming thereunto by Succession, but very often and at this present by voices, 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 especial care of the Cities is committed 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 perpetual, The Magistrates are yearly, having very little or no allowance at all therefore. Their chief Burgh-masters have their Authority from the higher Magistrates, for to maintain the good of the Cities, and of the common Burgesses. The Jurats which are called Schepens, are ordained for the Law, as well over civil as over criminal matters, whereof the bailiffs and scouts by one Authority, do serve in that public Office of Plaintiffs or Accusers. The Magistrates have in their council, learned Lawyers, called Pensionaires. The Jurisdiction of the Villages, both as well in the High Lordships called Hooghe Heerlyecheyden, as also in the ambaches Heerlycheden, is partly, either in the commonwealth, or in the Principality; and partly, in the chief of the Nobility who have received the same from their forefathers: The affairs of the ambaches Heerleycheden, are commonly decided by the Schouts and the Schepens, The Hooghe here lycheyden by the bailiffs and the Tenants, or else by the Gentility. Moreover and above, there is the foresters 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 have the Authority over the Seadykes, and the River banks, wherein consisteth the special preservation of Holland, from all these sentences (excepting in criminal matters, whereof the condemned very seldom is granted any appeal) they make their appeal 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 council according to ancient custom, doth sit certain of the Nobility, with certain Lawyers and men experienced in all customs: The chief head of this council is the Stadthouder, or the governor 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 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 revenues which is governed by the Rent-Masters. The Convocation of the States (the chief power whereof they of Holland have) happeneth 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 possess, being in number about twelve, whereof one of them dying, they choose another unto themselves. The Cities that commonly send their Deputies unto this Convocation being warned thereunto, are these. Dordrecht, Haerlem, Delffe, Leyden, Amsterdam, Goude, Rotterdam, Gorchum, Schiedam, Schoonhoven, Breill, Alckmaer, horn 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, than the Cities every one according to their turns: All this is even now as it was in the days of the Earls, excepting that the Administration of the public 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 council of Mechlen, which council in former time, the States of the several Provinces at the request of the Princes of the House of Bourgondy had condescended unto, to abide unto that common Law: Instead of this council, they of Holland, & of Zealand, about eight and twenty years since, have ordained the high council consisting of certain famous learned persons, from whose sentence there can be no appeal, 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 college which might diligently and considerately peruse and examine whether in that sentence there might be any error or fault. Moreover since the wars, both the charges, and also the businesses are very much increased, that in respect thereof, there is yet another college instituted, to have the survey of the common Treasure of Holland; and to decide all Controversies arising thence. This college consisteth of persons which are deputed thereunto by the Gentility, and by each several City, and are now and then changed. These do warn the States to assemble as need requireth, and do execute that which the States do 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, Utrecht, Friesland, Over-Isell and groaning, who in former time were all called by the names of the Battavers, Mattiacks, and Frieses, there hath been a Community or Fellowship both of war, Peace and foreign 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 general good of the Lands. This assembly seldom separateth, and are called the general States. By these, the points that fall into controversy betwixt the Provinces, are disputed and decided. The next unto these, and by the same Commission, the council of State hath the survey of the affairs of the union, and the Government of the soldiers, and of the Military businesses. This council is come instead of the council of State, which in the time of the Earls, had the survey of all the affairs of all the Netherlands. The councillors being a certain number, are chosen by the States of each Province, and also sometimes changed; they give their voices not by the Provinces as in the Convocation, but man for man: The heads of this council are the Governors of the Provinces. Moreover there is divided in Holland, Zealand, and in Freisland, certain colleges of the Admiralty, that look unto the affairs of the Sea, and of the Customs and Commodities that come out of the Sea; They have their Commission from the general States; every Province sends their Deputies thither; and now and then changeth them. The admiral-ship (which is the highest command at Sea) hath Prince▪ Maurice. The reckonings of the Cantoor of the generality, are looked unto 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 forms and frames of the Government of this commonwealth; for if we would but allege reason hereunto; reason teacheth us that Authority is best of all there, where it is conferred upon the principal 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, we have such as were very worthy and very famous. As of Candy, Lacedaemon, Carthage, Rhodes, Marselles, Thessaly Achaia, Samos, Cnydos, Chio, Corfu, and as many think even the Romans themselves at such time as they most flourished in virtues: Yea, and that which is more, it sufficiently appeareth that the commonwealth 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 principal Cantons of the Swisers, and of Venice, which testify their stability by the continuance of a thousand years. Hereunto may be added the whole corporation of the German Empire, being full of majesty and estimation; and many of the Northern Kingdoms, which though they be called Kingdoms, are in very deed Principalities. If in case, yet we will prosecute examples that are more near home, The sovereignty of the assembly of the States was in use by the ancientest Nation of the Walloons and of the Britons; and is yet at this present used in Germany. For so much as concerns the Government which is administered by the Cities, we therein agree very well with them of Achaia, Etolia, and Licia, whose commonwealth consisting of certain Cities conjoined 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 be the best representation of an absolute uniform commonwealth. Also that unto the power of the Nobles be added a Principality, limited with laws, that very same is common unto us as it was unto the ancient Israelites, in the days of the Judges, & unto the lacedaemonians, and the people of Achaia, and unto the Venetians, and unto the German Empire, and unto the Northern kingdoms, as we have said before, and unto many others. The assembling of the general States, with the council of State, by whom is dispatched or decided the common affairs, which concern the union (setting the sovereignty of each Province aside) agreeth very well with the Amphictiones Assembly by whose bond the commonwealths of Grecia, being knit up together, did for a long time beat back the Medes and all other foreign powers. In like manner also have they of Jonia with 13 commonwealths: Those of Hetruria with twelve, the old Latins with eight and forty Commonwealths. And in former time many of the Nations of Germany, of the Walloons, and of the Britons, have had their general Assemblies by virtue of their confederacy; 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 we must confess, that all manner of things are not convenient for all sorts of people, and that there are many Nations, which serve far better to be under an absolute Kingly Power, then to be left to their own liberty; in regard whereof, it was more profitable for the people of Asia to have Kings; and on the contrary, the Grecians could endure no Kings. Now that this manner whereof we have been 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 means be remedied, until that the Government was suited again into her old habit. Those that have very diligently looked into the several dispositions, natures, and manners of people, have perceived that those people lying Northward, and especially adjoining unto the seacoasts (among whom we are reckoned) have ever had an antipathy of the absolute authority of one man only, and have a greater pleasure in their own Liberty. Also there are some that approve, that great Lands and kingdoms are best governed by Kings, the lesser Lands by the common people; but that those Nations which are of an indifferent greatness, and in special do know how to keep that which they have well and warily, and not coveting that which is another's, are best content with the Government of the Nobles. Moreover, there must be had great regard unto the use and customs; for that which is commonly said of all laws, is most commonly true in these laws, wherein the principal point of the Government consisteth, that is, That it is better to use such laws which are of themselves not the best, then to change and alter those which are received and have been long practised. For it is with laws even as it is with the Plants, there must be of necessity time for the establishing and fastening of the Roots; and contrarily, if they be often removed, they lose their virtue, power, and efficacy. For this cause are we very much bound unto our forefathers, who have left unto us a Government that is very good of itself, and exceeding well agreeing unto our nature and manner of life, having reobtained the same by war, and preserved the same in time of peace. And this aught to be our endeavours, if we will neither prove unthankful, nor unprovident, that we constantly maintain that commonwealth whereunto we are counselled by Reason, approved by Experience, and recommended by Antiquity. FINIS.