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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A85750	A treatise of the antiquity of the commonwealth of the Battavers, which is now the Hollanders first written in Latin by Hugo Grotius, advocat fiscall of Holland, Zealand, and Westfriesland, &c. And afterwards translated into the Netherlandish Dutch, and perused by the author himselfe. And now again translated out of both the Latin and Dutch, into English, by Tho. Woods, Gent.; De antiquitate Reipublicae Batavicae. English.	Grotius, Hugo, 1583-1645.; Woods, Thomas.; Cross, Thomas, fl. 1632-1682, engraver.	1649 (1649)	Wing G2127; Thomason E1303_2; ESTC R202252	40,326	171

mention of the Battavian Kings in like manner also it is that the Antient Writers of the French and German Histories about this time do nominate certain Kings of the Freises which have held hard War against the Francks and amongst others the name of Radbond is very famous whose head is to be seen in the Castle at Medenblick after the Kings you shall finde certain Generals expressed by their names these were they which were called Potentates It is somewhat strange that which wee read in Procopius That in the great Sea about the mouths of the Ryne that there should be an Iland called Britton lying opposite against Great Brittain That the same Iland was inhabited by three Nations whose names were the Britons English and Frieses from whence yearly many people went to inhabite the unhabited Countreys of the Francks And that for this occasion the Francks although they had no other Interest in that Iland the which also was governed by their own Kings yet neverthelesse they endeavoured that it should be said and be believed that it was subject under them And hereupon the King of the Francks sending an Embassador unto Constantinople unto the Emperour Iustinianus did therewithall send some of the People of the fore-said Iland that by that meanes he might have a pretence of Authority over that Iland That this Britton was Battavia or else a part of Battavia bordering upon the Sea may with some approbation of the truth be spoken because there is no other Iland in the Sea that hath the mouthes of the Ryne in it And moreover and above it appeareth that upon the Sea shore of Battavia upon the middle mouth of the Ryne there stood a House called Britton whereof yet even in these dayes the remaining Foundations are yet seen and it is no marvell then that either the House took this name from the Iland or else the Iland took its name from the house In the like manner as with us here in Holland the name of the River hath of old been called the Flie then after the House standing therupon got the same name so that even now the whole Iland is called Flieland which if this bee true then was there yet two other Nations which inhabited that Iland besides those that were born in the Iland which we have said before were called Frieses viz. the English which were an old Germane people and the Britons which peradventure were inforced by the violence of the Picks and men of Norway to leave their native Countrey and to seek them a place of a more strong refuge and retreat It is therefore without all doubt that the English and Saxons possessed the Sea Coasts which were the nearest unto the Battavers and that they divers times sayled from thence into Brittaine which is now called England It is also manifest that Willebord an English man came hither out of England and preached the truth of the Christian Religion unto our fore-fathers in the same language that was then spoken in England It is also credible that the Britons betook themselves for their refuge as well unto the moorish parts of our Countrey as unto the Sea Coast of France which is now called little Brittaine But that the Francks striving for the Reputation of their Kingdome doe affirme that it should have extended so farre who indeed had no Command over this Iland or at least not below Utrecht the which some doe affirm to be the period of the Kingdome of the Francks then called Austrasians which doe very well approve the Liberty of the Sea-bordering Battavers from whence it is credible that they were multiplyed from time to time by the encrease of new Nations And that they having made peace with the Francks for fear of the People of Norway and uniting themselves by a fast and sure league have continued their old manner of Goverment as well under their Kings as under their Generals even to the time of their Earles whereunto wee now proceed The fifth Chapter In what estate the Common-wealth of the Battavers was in in the dayes of the Earls I Will passe by what others have reported of the institution of this Earldome who therein have followed the Authority of a certaine report but lately risen up the same being founded upon certain writings which doth sufficiently confute it selfe And will only speak of that which concerns my purpose and as I think is the truth that with no small reasons It is thus then That before the time of Dederick who was counted the first of the Earls of Holland there were in Holland many Princes that had their Authority not over the whole Nation but each of them over some one part thereof As those had whereof Tacitus and Caesar doe make mention of These Princes were called by the names of Graven or Grafiones which we in English call Praetors and now the Dutch Graven that is Earls which is often found in the Germane Lawes which to speak properly is nothing else but Judges from whence we call those that are the Officers and Controlers of the Causies and of those Bancks that doe check the Rivers and the Sea we call them Dykegraven that is Causie-Judges or Causie Earls And with good reason were those Princes so called because that their Principall Office was as is aforesaid to administer the Law Now wherefore that these Earles or Judges in former ignorant times by those that spoke Latine were called Comites or Companions I can finde no great reason for it unlesse peradventure because that they together among themselves were all alike of one estimation respect and worthiness And from hence it is that those Regions which in old time were called Pagi that is great Burroughes or Villages got the name of Counties or Earldomes And such an Earldome Walcheren which is an Iland in Zealand hath bin And likewise such have been Maesland Kennemerland and Texell being all Regions in Holland each of them hath been Earldoms of themselves the which both History and antient Writings testifie Such also were the fore-fathers of the Seigneors of Wassenar who were called Burghgraven that is Castle or Burrough-Earls who were the Judges of that Castle or Burrough as it is very credible in which place is now the old City then called Lugdunum Battavorum now called Leyden which was then destroyed by the People of Norway and also of some part of the Countrey thereabouts which Seigneors being the Survayers of the Dams Sluces of the River Ryne there hath anciently been paid unto them certain Tolls the which is continued yet to their posterity At the same time were there certain Cities or Townes in this Land as Schaffnaburgensis an old Writer nameth Flaording and Rynsburch to be very strong Towns in Freisland whereunto may bee added Froonley in former times the chiefe City of the Northren Quarter Dordrecht and Haerlem are of no little Antiquity The Principall Seigneors aforenamed and the Magistrates of the Towns seeing that they were daily incombred

the end that they not like as other People might settle their aboad for a short time but to continue and that in one place wherof Tacitus saith because of the convenient and easie accesse thereunto for all commodities which abundantly might be brought in thither For first of all the great Sea opened a free passage for their trafficque into Great Brittain and to the Seacoasts of Germany And secondly the Ryne the Maes and Scheld opened them passages for trafficque into the heart of Germany and to a great part of the Walloones Countrey Adding hereunto that in the time of Iulius Caesar there were very many walled Townes in the Walloones Country which was a neere neighbouring example for the Battavers Moreover the nethermost part of the Iland giveth sufficient testimony thereof which was called Lugdunum Battavorum which now is called Leyden and the higher quarter called Battavodurum which is now called Wyckterduerstede being both the old names of famous fenced Cities besides some other lesser Cities as Grinnes Vada Aranacum and other whereof Tacitus and Pentingerus in their Maps do make mention All which if it be so it is manifestly apparent that like as these fenced Cities could not consist without Magistrates that those Magistrates next unto the Princes had very great Authority in their publike Assemblies And that the simple common people busied themselves some with tilling of the Land others with feeding of Cattle and others with fishing and with Merchandize and other occupations belonging thereunto that they very willingly committed the charge of the Government unto the Magistrates whereof we now have spoken The third Chapter In what estate the Common-wealth of the Battavers was in the flourishing time of the Roman Monarchy WE have already heard after what manner the Government of the Battavers was at the very Originall beginning of that people But in regard that the Magnificence of the Romanes did oppresse so many other Nations that they made free Commonwealths to be their Tributary Provinces And that they used the very Kings themselvs as instruments of slavery as some Writers affirm So peradventure may some think that these Common Lords the Battavers were used after the same manner also and that the rather because we read in Tacitus That the Battavers leaving the land of Hessen to dwell in a place where they should be a part of the Roman Monarchy But after what manner that is to be understood the Authors owne words presently following doe declare where hee saith that the Mattiacks being neer neighbors unto the Battavers were in the very same custome with the Romanes that is to pleasure them which word doth not appertaine unto a subject but unto a friend Adding yet further thereunto That it so farre extended it selfe not unto the Monarchy but to the homage of the Monarchy It is manifest that there are two sorts of tolerations one sort that is equall and another sort that is unequall The unequall is when one Nation is subject under the authority of another The equall is when as each of these Nations doe continue in their owne priviledges notwithstanding though one Nation oftentimes be more mightie then the other although their priviledges bee both alike Yet oftentimes it commeth so to passe that those that have the least might although the toleration be equall yet neverthelesse very willingly doe certain homage unto those that are the more mightie and doe endeavour to please them And in this case it is credible that the Battavers have done homage unto the Romanes and yet have not beene subject under their Command The word Society sheweth the very same the which Tacitus useth in the same place which Society was also honourable for saith he they held their reputation and the tokens of the old Society for the Society betokeneth an equality of each others priviledges and so much the more when as the word of Reputation is added therunto the which cannot be understood in a Nation which submit themselves unto another either by yielding or by an unequall toleration Yet in another place Tacitus speaketh more clearly of the Battavers where hee saith That they being in the Society of such as were more mightie then themselves were nowhit dismayed at the Magnificence of the Romanes for as commonly amongst those that are so unequall there continueth no Society but rather such a one as the Lion made whereof the Fables make report who urged all to that point that the strongest should have all wherein he clearly proveth that the Battavers had obtained this by their undaunted courage and fidelity that they maintained the Society that is an equality of priviledge not onely in words but in very deeds also I will conclude this point yet after this manner The Nations that were under the Romanes shewed that they were subject under them by these three tokens First that they were under the command of the Roman Magistrates Secondly that they were Tributaries and thirdly that they payed Toll Now concerning the Romane Magistrates they were never in the Iland of the Battavers whereupon Civilis in his Oration unto his Countrey men saith That there never came so much as a Legate of the Romans unto the Battavers but they governed their own Common wealth by their owne Lawes and their owne Magistrates and in this respect they were never reckoned among the number of the conquered Provinces For oftentimes Tacitus maketh mention of the Nation of the Battavers of the Convocations of the Battavers of the Citizens of the Battavers by which words he meaneth no other thing then that which we now a dayes call a Free Government like as Caesar called the Citizens of of the Swisers that is the Commonwealth of the Swisers Now concerning the Tributes and Tolls from which almost no Nation is free although it had bin for no other end and purpose in them but for this respect That they enjoyed yet still their owne Lawes as a benefit from the Romanes yet for all this the Battavers payed nothing at all neither the one nor the other Tacitus saith they were not upbraided with tributes nor opprest with the receivers of the Toll And presently thereafter he saith that they were free and exempt from all Charges and Contributions Civilis in his Oration unto the Walloons saith of the Battavers That they were free from Tributes And the Battavers themselves speaking of themselvs doe say that they were not charged with any Tributes What other Articles there were concerning the tolleration it were folly to make further enquiry then of those that are manifest and which the Romanes and the Battavers agreed upon as That they should mutually assist each other with men and for this cause the Battavers which were continually jarring with their Neighbours about their limits had the lesse need to fear them because they learned of the Magnificence of the Romanes And againe the Romanes perceiving that the Battavers would be a great assistance unto them against the Belgians the Germans Brittains yea even against

of one man but then the counsell and advice for the effecting of businesses was in the persons of many At other times the Soveraigntie was in many but the Administration in the person of one man At some times the Lawes were subject to the Prince at other times the Prince subject to the Lawes All which if a man will deliberately ponder hee shall easily find that that Commonwealth which is at this present among us hath not had its begining now of late but that the very same Commonwealth that in former times hath been is now made more manifest and appeareth more cleare and evidenter then ever before For like as a house may continue standing though some parts thereof be altered and changed but if the foundation bee overthrowne it cannot continue standing Even so the altering and changing of names and Offices of some Magistrates doth not make presently another Common-wealth in regard that the principall Power and Soveraignty and as it were the very soule of that whole body which hath its being moveth and keepeth together and doth remain and continue one and the very self-same It remaineth then Noble and most worthy Lords that we pray unto the Lord God who is the establisher and maintainer of this State That it will please him to defend and maintaine that Liberty the which is not so much defended by your especiall providence and the worthy valor of the Burgesses and Souldiers as it hath been hitherto and is yet defended by his heavenly assistance and may yet extend it selfe for many yeeres to come and GOD grant that it may continue among us and be made our owne even all these blessings that we now at this present do enjoy but before all things grant us as an assured pledge of the common Tranquillity Piety Equity and Vnity thus prayeth he who is Your Lordships Servant THO. WOODS A TREATISE OF The Antiquity of the Common-Wealth of the Battavers which is now the Hollanders The first Chapter What a Principality is in a Government of Nobles And what they be that are called States ALI Nations are governed either by the Common People or else by the Nobles or else by one Man only The Government of the Nobles is either with a Principality or else without a Principality I call that a Principality which is a more excellent and eminent Authority in the person of one man only being limited by the Power and Laws of others By which markes this is different from that which is called properly a Regall Authority And for this occasion it is that Tacitus maketh mention how that Piso had reported of Germanicus that hee was the sonne of a Prince of the Romans and not of a King of the Parthians And Suetonius reporteth of Caligula that it wanted but a very little but that he had transformed the shape or frame of the Principality into a Regall Authority even as Caesar also reporteth of the Father of Vercingetorix that he being a Prince of the Walloons for divers Considerations suing to have brought the same to a Regall Authority was made away by the Burgesses And Pliny speaking of Trajan reporteth that hee possessed the Seat of the Prince because that there should bee no place for a Lord Yet neverthelesse the Principality being improperly spoken is called a Regall Authority And in like manner saith Aristotle it was in the dayes of the Worthies that the Regall Authority had his originall beginning and that when as the People having gotten and received any exceeding great benifit from them their Parents or Ancestors as for example By whom they had gotten and obtained good Lawes or by whom in time of Warre they were protected and defended them they gave the ful Authority of the War with the power of judging of the Affaires which Regall Authority hee reporteth to bee over them that voluntarily consented thereunto and were also limited with Lawes The same also reporteth Thucidides that amongst the Greeks the Authority of the Kings is the most Ancient the which descended from the Parents unto the Children by Succession being clad with certain Titles of Honour From whence then appeareth that in the Government of the Nobles the Principalities were distributed according to the order of the kindred from whence we have an excellent example from them of Lacedemonia Moreover the Nobles in whom the Soveraignty consisteth doe give their voyces either each of them apart like as the Venetians doe or else in the behalf of any Society which Societies are either of one or else of divers sorts Those that were of one sort were like unto those of Achaia whose Convocation consisted of the Deputies of the Cities The other which were of divers sorts were of the Burgesses and of the Societies consisting of the Burgesses arising from the diversities of the Qualities according unto the which some of them were ordained to the Government some by one meanes and some by an other meanes And for this occasion those same Qualities and also those Societies themselves were called by the Latins Ordines which in Common Language wee doe usually call the States Which States Hippodamus made of three sorts as of the Artificers the Husbandmen and the Souldiers Plato made the Survayers the Souldiers and the Husbandmen The Egyptians made the Priests the Souldiers and the Tradesmen The old Walloons made the Druides the Horsemen and the common People So that oftentimes the Nobles then were different and apart in respect of the States Those that have then the chief sway in the Government wee call a Government of States Like as at this present in Germany where the chiefest sway consisteth together in the Princes Electors the Princes the Cities If in case then that this Authority of the Nobles being united together with the States whereunto also appertained a lawfull Principality then such a Government must bee esteemed for the most choyse and best tempered Government For since in all matters mediocrity is most commended and that mediocrity is nominated sometimes from that which is separated from both the Ends and sometimes from that which is partaking of both the Ends so that then it appeareth that this Government in such manner is placed between the Regall Authority and the Authority of the Common People so that it avoideth the evils of both of them and draweth unto it selfe from them all which is good after it For first of all since that it tolerateth not all things neither only one man to govern which is subject to many errours not yet the Common People who are ignorant so that by this meanes without all doubt much danger is avoyded Again in regard that a Regall Authority is commended in respect of the exceeding Majesty and Dignity thereof And the Authority of the Common People commended in respect of the equall Liberty Yet the Government of the Nobles obtaineth that exceeding Majesty and Dignity by the Principality and also giveth as much equall Liberty as is convenient when as they unto every one

wherefore that these old Customs were so strictly maintained by these People as well in particular as also in publick matters which tend more to an outward shew then to any powerfull effect of Government I could easily perswade my selfe that even of old time they have had such Lawes concerning the Government as the Custome of succeeding times hath declared Yet must wee make enquiry in whom was this highest power or Soveraignty besides in the Kings and Generals I finde that by the Germans excepting the Clergy that there was two sorts of States amongst them viz. the Princes and the Comonalty now when I speak of Princes I do not understand nor mean those that each of them had their Authority over a whole Nation like as that name is commonly used for such Princes were the Kings and the Generals themselves whereof we have already spoken But they were such as that each of them took care for one part of the Nation which parts being great were called Quarters and being little were called Villages of which Caesar thus speaketh They have no common Magistrate but the Princes of the Countreys and of the Quarters doe minister Justice unto them which are under them and doe decide the Controversies Tacitus saith that those Princes doe minister Justice both in the Quarters and in the Villages Tacitus also sheweth unto us that those Princes were usually chosen where he saith In that Convocation were also the Princes chosen But they went so to work that ever after they had regard unto those that were nobly born and of the choycest of the Nobility or rather the meritorious deeds of their Predecessors being applyed even to their young Youths did afford them that worthinesse to bee Princes From whence I believe is come that those Jurisdictions both of Quarters and Villages having long continued in the Houses of the Nobility are at last become hereditary By reason whereof those Princes by the worthinesse of their Offices their ensuing Posterity afterwards were those which were called Barrons and Nobles yet the Government was not so much in their persons that the Common People were held as Slaves like as the Walloons were in the time of Caesar But unto each Prince as Tacitus testifieth were adjoyned a hundred men which were chosen out of the Comonalty to be as their Companions serving for Counsell and Estimation Those were the Princes that Caesar reporteth who together with the Officers divided the Lands into Portions and Pastures So then were those same Regions governed partly by those which were chosen out of the Common People and partly by those Princes of each Common-Wealth And they in this manner governed each of them their Quarters having being altogether the Soveraignty of the whole Common-wealth and that by a form of Convocation Tacitus saith that of all the small matters the Princes did consult upon but the great Affairs were dispatched by the Princes in generall yet in such a manner that whatsoever was decreed by the generall Princes the Comonalty was acquainted withall He saith that the Convocations of the Germans was of two sorts whereof the one was little in the which the daily Affairs which often hapned were decided and this Convocation consisted only of the Princes And the other was greater in whom was the power of deciding even of the most highest and weightiest Affairs and this consisted of both the States For whereas Tacitus saith in generall that same is not so to be understood as if every one should come thither like as it usually hapned upon the Assemblies of the Romans in such manner that every man should leave his house and home for such could not conveniently be amongst so great a popularity especially like as the Battavers were among whom Pliny reckoneth up seven Nations as the Battavers which were properly so called the Kennemers the little Freises the Friesiabonds the little Cauches the Tusians and the Marsacians Now these altogether were called the Convocation it self whereunto some persons were sent from each Region and State Tacitus expoundeth that same where hee speaking of the Semnomes saith that all the people of one discent assembled together at appointed times by those that were deputed thereunto in a wood the which was sanctified by the old Devotion and Prophecies of their Ancestors And of the Germanes in generall hee saith thus that they assembled upon certaine days unlesse that accidentally any thing happened which required haste and was some extraordinary matter And there after he saith thus This abuse proceeded of their liberty that they did not assemble altogether nor yet when as they were commanded or warned but oftentimes they let passe two or three dayes before they did assemble so that then the Soveraignty was in the persons of this Assembly of both the Estates whereupon he saith thus Before this Assembly was any man to be accused and challenged upon life and death Againe hee saith In this same Assembly the Princes were elected and also those hundred men which were chosen out of the Commons and adjoyned as companions unto them The Kings themselves and the Generals were heard in this Assembly as is before said more with Authority to counsell then with any power to command And although this was common unto all the Germanes and not appertaining unto the Battavers as being not able to attaine thereunto Yet the History of Civilis approveth that the Battavers had this manner of Government to the end that the wars might orderly be decreed against the oppression of the Romanes for that end saith he hee assembled together the Princes of the Nations and the ablest of the common people Wherein appeareth then that the Battavers used the government of Nobles and yet in such sort that there was a Principality annexed thereunto which was either continually under the name of a King or temporally under the name of a Generall That also the Nobles were of two sorts that is of the Princes the which were called the first and the greatest and those that were elected out of the Common people these two being conjoyntly in the Assembly had the Soveraignty of the publike matters but in regard that this same Assembly did seldome meet the matters were commonly dispatched by the Kings according to the advice of the Princes That also the Government of each quarter was in such manner in each of these Princes which had their owne Jurisdiction as in those Magistrates which were chosen out of the second State the which in such a wonderfull musicall consort doth expresse that Government which Plato so much commendeth in which the Nobles together with the mutuall agreement of the Common People had the Soveraignty Yet this must be added hereunto That in one matter the Battavers doe seeme to differ from other Germans as namely That the Germans dwelt all in open Villages and had no fenced Cities nor walled Towns On the contrary part it is apparent that the Battavers as soon as they had Possessed the Iland made fenced Cities to

either in time of necessity or for some certaine consideration were brought thereunto who depending upon the Emperours have desired their protection which so happening without the consent of the States the same could neither prejudice the priviledge of the Common-wealth nor yet of the succeeding Princes In every respect we are certainly assured that neither those Earles of the house of Burgundy nor yet those Earles of the house of Austria the memory whereof is yet unfallible that they never in respect of Holland have done any homage unto the Emperours And that Holland never was subject neither to the Lawes nor Customes of the Emperour nor of the Empire which is the very principall point of all and that the Germanes themselves doe confesse from whence it is manifest that the principall Soveraignty over the Hollanders hath been among themselves and never depended upon any forraigne Authority It remaineth now that we consider the other that is what priviledge and authority the Princes had in the Common-wealth and what was the Authority of the States the which we should very particularly know if in case those Lawes were to bee found which concerning the Authority were given unto Dederick But besides that which formerly hath beene spoken that by the Germans books aswell of publike as of particular matters but very lately began to be registred so is also the memory of all those times excepting only of some certaine Warres and of some other matters which do not concerne this purpose utterly lost Yet even before these times there was not given so great a power as there was authority unto the Kings of the Battavers the which even in our fathers dayes hath been registred up by forraigne Writers That the command of the Princes of these Lands was as well limited with Lawes as it was moderated by the resolution of the States from whence we may assuredly collect that the Government of the time which was betwixt them both hath been the very same Government as was received from our Ancestors and left againe unto posterity Neither is it lightly to be credited that those worthy Cities and the Inhabitants that were so noble and so mighty as we have shewn to have been in those former times did fall from that equality of power whereunto they were accustomed unto such a sodaine unequality And on the contrary part it is manifest that afterwards when as the magnificence of the Earles by the adjoyning of other Principalities thereunto greatly increased and especially in the House of Bourgondy and of Austria that then the freedom or liberty rather decreased then increased These were then the principall Lawes of the Governement viz. That no Countesse should marry unto any man but with the consent and good liking of the States That none of the Officers as of the Counsell and Rent-masters and Pretorship should be confer'd upon no other but unto those that were born within the Land That the States shall have liberty to assemble upon the affaires of the Land and State and that as often as it shal please them without need to have consent of the Earle for that end That no new Tolls might be imposed neither any man freed from those that formerly were ordained but by consent of the States That the Prince should undertake no warre neither defensive nor offensive otherwise then by the consent of the States That the Princes should in all their writings use the Dutch Language That the Coine should be altered and appointed by the Prince according as the States find it convenient That the Prince might not make away any part of his Principality That the States may not bee warned to assemble upon any convocation out of the Provinces That when as the Prince shall have need of any impositions or collections that he himselfe personally and not by the mediation of his Lieutenant shall make intercession unto the States without exacting any thing otherwise then by a willing and voluntary free consent That he exercise and administer Justice and Law by the hands of ordinary Justices That the ancient Lawes and customes being holy should be inviolably observed and if the Prince should ordaine any thing contrary the reunto that no man is bound to observe the same These Lawes having been long maintained by meer custome were afterwards registred into Articles and subsigned by the Princes from time to time to this end that the natures of the same Princes might not be infected by the evill incitatations of flattering Courtiers unto the hope of an unlawfull domination And at the last in regard that the States made complaint of their grievances that most of the fundamentall points of the ancient Government were overthrowne by innovations even then was there a collection made of all these aforesaid Lawes and so by some others before but chiefly by Mary Countesse of Bourgondy they were sealed up for an everlasting memory And although the Hollanders now in the succession of the Earledome followed the order of lineall discent yet neverthelesse to the end they might shew that the command and authority did not proceed from a fatherly inheritance but from the consents of the people that is of the States therefore they never esteemed any for their Prince before that they had bound themselves by an oath unto the States to maintaine the Lawes and Customes of the Land the which being thus performed they promised againe to him fidelity and obedience in whatsoever the Lawes should command them Wherefore in regard that those Lawes being conditions and precontracts are connexed unto the Authority then hereby is manifest that those Princes had no power of themselves to loose or to dispence themselves from the aforesaid Lawes as it hath been very much discoursed and concluded upon by those that have written much of Government From whence it followeth that since the chiefe Power or Soveraignty cannot be in such a one as is bound unto any Civill Lawes or institutions like as most of the Northerne Princes be that even also the Earle of Holland being bound unto so many Lawes hath not had the right of the Soveraign power onely in himselfe All that which we now have declared from the words of the Laws or from other Covenants or Contracts even all them and divers other points of no lesse consequence are all approved by very old examples For whereas Arnoulffe the third of the Princes had two sonnes the eldest who was called Sifrid and of some Sicco for some certaine fault was denied the command and the Principality by the consent of the States was conferred upon the yonger whose name was Dederick Dederick the fourth dying without issue although there were as yet no example of a brotherly succession the States proclaimed Florence the brother of the deceased to be Prince The Wardship of Dederick the fift of that name whose yeares being yet unfit for government the States conferred upon his Mother the Lady Geertright and also married her unto Robert the sonne of an Earle of Flanders