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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

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case I should seek for a Forraign example to this purpose I can finde none more like hereunto then in the Common-Wealth of the Lacedemonians the which by Plato Polybius and very many wisemen yea by Apollo himselfe is affirmed so to be and is by them commended before all other for in these the Kings succeeded one after another by the order of their Consanguinity in so much that in place of the Kings those that were the Protectors or Dictators which they called Prodicos had the Authority in their hands But the Kings were not admitted to the Authority before they had taken their Oath to use their Authority according to the Custome of the Lawes of the Land Now the Kings had power over each one but above the Kings were the Survayers or Ephori together with the Councell The Ancient Fathers doe very much commend a notable Speech of Theopompus King of the Lacedemonians who being disdainfully reproved by his own wife because that hee had diminished his own Highnesse by the Institution of the Office of the Survayers hee Answered thereunto That he should leave unto his Children a lesser but yet a more permanent Authority For of a truth it is even so as the Ancient Fathers used truly to report That every Common-wealth consisteth in a certain melody or consort the which being once broken all cometh to naught which melody in my opinion consisteth not in any sound or in strings but in the well tempered unity of the Prince with the People and of the People with the Prince or of severall States the one with the other In this melody have the Princes the Nobility and the Comonalty long time flourished when as each one respected the Prince and the Prince himself respected the Laws and the common Assemblies and whilst the Nobility kept their Reputation and the Comonalty their Liberty From hence issued the good successe of Warre from hence it proceeded that this Nation like as in former times they were Confederates with the Romans even so thereafter though being little have sought unto great Alliances Hereof the Treatises of the Confederacies do plainly shew for presently at the very birth as it were of the Principality there were two Dedericks as it is generally believed who were Brothers in-law unto the Kings of France Arnolffe the third Earl had to wife a daughter of the Emperour of Constantinople whose sister was marryed unto the Emperour of Germany Divers others that succeeded were marryed unto the House of Saxon who then possessed the Empire Florence the third was marryed unto the House of the King of Scotland William the Second of that name Earl of Holland was elected Emperour of Germany and as I think for no other cause but for that he was used in his own Countrey unto such a moderate Government This mans Sonne Florence the Fourth was earnestly solicited unto on the one side by the King of England and on the other side by the King of France for his Confederacy with the presentation of each of their Daughters in marriage with great gifts But Iohn his Son with the advice of the chiefest Nobles of the Land marryed the daughter of England And presently after William the Sixth marryed the daughter of the King of France Again the daughters of the Earls were bestowed into very great Houses as the Lady Margarite the daughter of William the Fourth unto an Emperour of the House of Beyeren Iacoby unto a Dolphin of France And all these whilst they were but only Earls of Holland and Zealand and some of Henault After that by the daughter of Albrecht who was marryed unto one of the house of Burgondy did Holland obtain the same Prince who was before Prince of Brabant and of Flanders and many other Nations And by this meanes were severall Nations not differing in manners Lawes and Customes from each other being at a speciall unity and under one publick Authority thereby the more fortified Thereafter the Lady Mary of Burgondy had by her Husband the Arch-Duke of Austria a Sonne unto whom befell for his marriagegood the greatest part of Spaine and with Spaine the expectation of Terra nova and many other Titles which are spread far and wide over divers Countreys But from this great Magnificence of the Prince proceeded a great alteration in the Government the which I will briefly touch The sixth Chapter How that the intended Alteration of the Government was the occasion of the Warres THe nature of man is much addicted and is easily inclined to domination from whence according to the saying of Aristotle proceedeth Tyrannicall Government especially when as the Prince transgresseth the limits of the Laws of the Land And it seldom hapneth but that men attempt the taking of more in hand then they are able to perform unless the very hope of the performance of that which is desired be utterly extinguished Therefore those ancient Princes whose hope and repose depended altogether upon their Native Countrey as having no expectation of Forraign power to relie upon were obedient unto the Lawes were lovers of equity were respecters of the States as well knowing upon whose power and meanes both their honour and reputation consisted The Burgondians descended of Royall Progeny were the first that climbed up the first step unto domination yet very secretly the Liberty continuing never the lesse not only in outward shew but also for the greatest part thereof in her full face Afterwards Charls being Emperour and King of other Countrys was not therewithall well contented that herewithall he should be called but a Prince But yet he for affection and some certaine respects was restrained in regard that he was born and brought up here in the Countrey and besides did exceedingly respect this People as being very convenient Instruments for the enterprising of any great exploit and such as were of themselves very faithfull but yet very soon displeased and exceeding powerfull when as their Liberty should be but once toucht Now the Church of God at that time being overwhelmed and poysoned with palpable Heresies and longing for a wholsome medicine to purge the same yet he resolving by violence to maintaine that which was in use amongst them sent his bloody Commissions that whosoever should bee found to be of any other Religion should bee punished with death never respecting nor enquiring what was the meaning and resolution of the States in so weighty a businesse But his Son Philip being of that unsatiable nature that was content with nothing else but with an absolute power envied all Nations that would prescribe a Law unto their Prince The which the People of Aragon to their great ruine have proved The Spaniards who had the Education of King Philip in his youth took hold of this occasion very earnestly to prosecute the same against the Hollanders and the rest of the Netherlanders since which time there hath been a continuall jealousie and contention betwixt them which of them should bee best in the Princes favour whereupon
Dominators undertook the warre against the Duke of Alba re-establishing againe the persons that were unlawfully banished and acknowledged William Prince of Orange for their Governour and Generall The seventh Chapter In what estate the Common-wealth of the Battavers was in the time of Warre and is now at this present since the Warre SInce which time the Soveraignty of the States which was not a little obscured and darkned by that usurped Authoritie of the last Princes is brought againe shining more cleare in the light And afterwards when as the States of the neighbouring Provinces had taken Armes with them of Holland for the maintenance of their Liberty and were knit together by an assured alliance and confederacie And that King Philip whose reputation even yet hitherto hath not been toucht neither by intreaties nor by admonition could bee brought into a better minde then at last the generall States upon the 26. of Iuly in the yeare 1581. declared that King Philip by reason of the nullifying of their Lawes of Government according to all Lawes and ipso jure had forfeited his Principality in the same manner like as many free Nations have oftentimes condemned their Prince as the Lacedemonians condemned Pausanias the Romanes Nero the Venetians Falerius and the Danes Christiern Yet neverthelesse these Nobles did not govern the Commonwealth without a Principality But like as in former times in place of the Kings succeeded the Generalls even so did the Prince of Orange the title of Earle being taken away obtained the lawfull Authority under the Title of Governour This Prince his singular unity with the States whilst hee gave place unto their Mightinesse and they on the contrary part both loved and respected him as being their common Father brought the affaires of Holland from little beginnings to a great growth wherefore although the neighborings Provinces had ordained first Matthias Archduke of Austria and after him the Councell of State and yet after them the Duke of Anjoy over them yet neverthelesse the States of Holland and Zealand maintaining firmly the confederacie with their Neighbours and never consenting unto any alteration in their own lands continually maintained not only the same manner of Government but even also the very outward form of the Government After the death of the Prince of Orange the generall Government was resign'd unto the Earle of Leicester who had brought over English Souldiers with him to aide these Lands but in regard that he being of a Kingly prodigality and unacquainted with our Customes and following evill Counsellors began to speak against the Government of the States and to bring in many innovations therupon the States took occasion to shew that their power from the which Leicester had received his Commission was the most righteous and the most ancient power Also certaine persons who to pleasure him sought by uproars to bring in alterations they punished with death which the Earle of Leicester understanding left both the Government and the Land And thereupon Prince Maurice the sonne of William Prince of Orange took upon him the chief government over Holland and of certaine of the Neighbouring Provinces Under his Government hath been great concord so that by the twenty yeeers tranquillity of the Commonwealth and by the inlarging of their borders by fortunate Battales by Seidges so ably enterprized as also more ably resisted have the States obtained the fame of exceeding wise Governors and Prince Maurice the fame of the worthiest Generall The Reputation of this Commonwealth is yet augmented since that Kings have accepted the same into confederacy with themselves For in the yeer 1597. was a Confederacy agreed upon betwixt the King of France the Queen of England and the States of the united Netherlandish Provinces Yet neverthelesse the States did so reverence their deposed Prince that whilst King Philip lived the habilities of these Lands contained themselves within the necessity of their owne defence but after his death was the Warre more openly manifested and that warre was sent back againe into Spaine which first came from themselves Yea and even unto the very furthermost parts of India is our Trafficque sailed being defended with Armes And in those places also by the occasion of the common enemy and by the known valour and fidelity of the Hollanders is there occasioned both friendships and Confederacies with Kings and Nations so that the Lords the States have been saluted by Embassadours comming so farre as out of the other world Hitherto hath the warres continued There hath been often dealing for peace both whilst King Philip lived as since his death As also when as the Netherlands were resigned unto his daughter and son in-law But ever the States disdained those conditions whereby either their Liberty or that lawfull resolution which they had justly decreed and pronounced against King Philips Authority might any way be impeached or toucht like unto the example of the Ancient Romans who never esteemed any Peace so highly that they therefore would receive in again the banished Tarquins Lastly when as the Archduke Albertus and Isabel and King Philip the Second Philips Son shewed themselves to be ready to acknowldge the freedome and Liberty of the States then through the Intercession of the Kings of France of Great Britaine and of Denmark and of some other Princes did begin a communication And in regard that many difficulties hindred the Peace there was lastly in the year 1609 a Truce concluded upon for the space of 12 years with a formall Declaration of the Archduke both in their own names as also in the name of King Philip from whom to that very end they had received Commission and procuration that they should make Truce with the Lords the States Generall of the United Provinces as respecting and holding them to be in quality of free States of their Lands Provinces and Cities where over they have nothing to pretend This short Relation beginning long before the time of Iulius Caesar and ending at these times sheweth that continually during more then 1700 years the Battavers which now are called the Hollanders have used the same Government the Soveraignty whereof hath alwayes remained in the States hands and so is it at this present So that neverthelesse a Principality hath belonged thereunto sometimes in a greater and sometimes in a lesser manner of administration In former time comming thereunto by Succession but very often and at this present by voyces being ever subject under the Laws This then is the shape or rather to say the face of the whole Government Now if any man would know all the particular members thereof They are these as followeth Holland is very populous and exceedingly well stored with Cities and Villages The especiall care of the Cities is committed to the Senators and Magistrates of each City unto whom it is permitted within their own Liberties to make certain Laws and Forfeitures and to ordain certain Impositions for the Cities necessaries The Senators are perpetuall The Magistrates are yearly
who hereby got the surname of the Friese because that he governed the Hollanders who at that time were yet called the Freises Ada the daughter of Dederick the seventh because that she married the Earle of Loen against the States will was deposed from the Principality and in her place succeeded William the brother of Dederick the sixth Florence the fourth being yet but young his Unckle Florence was ordained Protector after whose death because that Alidt his Aunt administred in the Protectorship not according to the counsell of the States but after her owne will the Government was committed unto Otto Earle of Gelder who was the neerest though very farre of kindred unto the young Earle Afterwards the Principality being void by the death of Florence the fourth the Common-wealth was governed by the Nobles and the Cities untill that Iohn the son of Florence who travelling abroad returned out of England whose Wardship was concredited unto Iohn Earle of Avennes Afterwards the Lady Margaret because it seemed that she was not fit for government was deposed and in her place they accepted her sonne Duke William for their Earl who afterwards being mad the charge of the Common-wealth was committed unto Duke Albrecht his Brother as Steward providing that he should govern the Common-wealth by the Counsell of the Barons Lords Knights and Squires which are degrees of the Nobility and of good Townes This Albrechts sonne Duke William perceiving that he should dye without leaving any Heire-male after him assembled a Convocation of all the Nobles and of the Cities and there intreated and obtained that the succession of the Earledome might be granted unto his Daughter the Lady Iacobey but in regard that this Iacobey abused her selfe by marrying without the consent of the States she was reputed unworthy of the Government so that in her life time shee must endure to see the Government of Holland transported unto Duke Philip of Bourgondy This Philip his sonnes daughter the Lady Mary was married unto Maximilian Archduke of Austria which Maximilian after his wives death desiring to keep the agreement in his hands and administring in the same not as being administrator and Protector of his sonne Philip the second of that name nor yet according to the good liking of the States but after a kingly manner then the States of Holland and of the adjoyning Provinces valiantly resisted the same The same States of the Netherlandish Provinces appointed the Protectors unto the Emperour Charls the fifth of that name when he was but young and came first to the Principality The same Charles the Emperour having in an Assembly of the generall States resigned his Principality recommended very earnestly his Son Philip unto the fidelity of the said States All these are tokens that the Princely Authority like as it had the originall beginning from the States that even so it returned againe unto them as often as there was no Prince to succeed Moreover we shall not finde any Act or Condition of any of the old Earls of any importance but that it was Authorized and ratified by the consent of the Barrons and Nobles who sealed and gave vertue unto the same for these were the Ancientest Councell of the Earls like as it was also in former times of the Germane Kings Now concerning the Cities their number and with the number their worthinesse is from time to time augmented for even of old time each City had their own Councell of Senators one of those Senators dying the place was supplied by another of the ablest and wealthiest of the Burgesses And in some places that same Councell ordaineth the principall Magistrates which are called the Burgh-Masters And in some other places they present the names of the same Burgh-Masters and also of the Jurats which sit to doe Justice unto the Prince for the electing of them yet in such a manner that they have the nomination of as many more as are chosen which the Prince may not exceed the which is no little assurance of their Liberty It appeareth also by very many examples that not only the great Cities as now in these latter times hath happened but even the little ones also doe take their turns at the Convocations and Assemblies of the States Philip of Leyden before named making often mention of the Nobles and the Governours of the Cities calleth them the great ones of their native Countrey saying that their care was the Prince neglecting the same to see that the Common-wealth should suffer no wrong I finde also that in the dayes of William the Fourth who was the last of the House of Henault about two hundred and thirty years ago That at Dordrecht there was an exceeding great Convocation of the three Nations of Holland Zealand and Henault where the Deputies of the Cities being very many were Assembled about the Toles And this Assembly was called the High Councell Moreover no Imposions nor Contributions were imposed without the consent of the States as appeareth by all those reckonings which are found in the Courts whereof the consent thereunto of the same was alwayes openly published And from hence it proceedeth that even of old and from all times the afore-said Contributions and Impositions were called nothing else but the Intreaties the which name is often found in Philip of Leyden in regard that they as hath been shewed already were granted at the intreaties of the Princes The same being also a sufficient demonstration how the Principality must strike saile unto the Authority of the States Yea even in Philip himselfe who was the last Earle and maintaining Warres in France those nine years Impositions were not consented unto by the States no otherwayes but by the prescription of certain Laws and amongst others this That the money should be at the disposition of such persons that should be appointed thereunto by the States Like as it is manifest that the States have held and maintained that Priviledge that they may assemble at their own pleasures even in the very latest times that were before the Warres From all that which hitherto hath been spoken appeareth that the Earles of Holland have differed almost nothing at all from the old Kings but that they only used a name which was not so eminent nor yet so suspitious for the Liberty as the Kingly Title was Moreover that the same Earles were elected according to the succession of blood as the same is used by many free Nations but yet neverthelesse the Authority was not given unto them without exception in regard that there were Lawes appointed thereunto and were confirmed by Oath That herewithall the Authority of the Earls was not so extenuated but that the power of the States was such and that in divers matters and especially concerning the Coyne which is the sinnews and strength of a Common-Weath And that may wee truly say of the Earles which in former times was said of the Germane Kings that they had Authority but it was by entreaty or permission If in