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.

The second Chapter. In what Estate the Common∣wealth of the Battavers, was at the Originall beginning of this People. (Book 2)

IT is then certain, that the Bat∣tavers, which before were a part of the people then called Catches, which now are called Hessens, as Tacitus testifieth; As also, the coherence of the names of the Battavers with the Hessens, and the names of the Catches with the Battavers, is an infallible mark and token thereof: And that long before the time of Iulius Caesar, yea, peradventure some hundred years before, they being removed and come unto the place which they now inhabite, that is, into an Iland

which was invironed about with the great Sea, and the River Ryne; and the next place unto their shore upon this side of the Ryne, was that which is called the River Wall, or the Belgian border: And that then these places (as Tacitus reporteth) being unhabited, and then by them taken in and possessed, appertained most justly and rightly unto them, according to the most reasonable Law of Nature, even like as those goods which have no Possessors, doe properly appertain unto those which are the first Possessors there∣of. So is this then the very first and absolute perfect beginning of a free Government, as being esta∣blished by a people of a free ori∣ginall beginning in a free Land.

What manner of Government they then used, Strabo sheweth, who sayth, that the Celtes were altoge∣ther addicted to the Goverment of

the Nobles; for when as the Greeks call them Celies, they compre∣hend therein as well the Walloons, which were then Neighbours unto the Battavers, as the Germans, whereof the Battavers were the most famous, if wee will credit Tacitus and Plinius. And as con∣cerning the Walloons, Ambiorix sheweth what manner of Govern∣ment they had before the Con∣quest of the Romans, where hee sayth, That the command of the Prince in that place was such, that the multitude had no lesse sway over him, then he had over the Multitude; now in this place, the word multitude is not to be un∣derstood for the base Commonal∣ty, but for the assembly of the choycest of each Nation; even as we finde many Examples thereof in Caesar: and Caesar himself sheweth, where he sayth, that the Common

People amongst the Walloons were of no respect nor account, and that they were never admitted to come into any Councell; but that all their Authority was in their Druides and Horsemen. That also the Ger∣mans from all Antiquity, did not live under the Authority of one only person, but of many persons. Tacitus sheweth the same in that place, where he speaketh of the Ancient Warlike Expeditions of the Germans; saying, That the Ger∣mans were more furious, and more earnest to maintaine their own Li∣berty then the Kings of the Par∣thians were.

And Lucanus maketh mention of them, they complayning after this manner, in these words:

Our Liberty is gone, So farre 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 bould, Doe keep it as their good.

Whereafter also this followed:

Much People now abroad, That for themselves make Kings; But wee 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 Regall Authority doth sufficiently expresse, as that which is oppo∣site unto Liberty: like as the An∣nals in the beginning doe affirm, saying, The City of Rome at the first beginning, was governed by Kings; But Lucius Brutus brought in both Liberty and Consul∣ship.

And like as these things general∣ly did concern the Germans, even so Civilis, who was a Battaver him∣selfe, doth approve that only these did properly appertain to the Bat∣tavers: And in his Oration which he made, exhorting the Walloons to their Liberty, viz. where he sayed, Let them of Syria, and Asia, and the Easterlings be in subjection, which are accustomed unto Kings; whereby hee sheweth sufficiently, and gave them to understand, That like as the Easterlings are much addicted to have Kings, that by that meanes the Battavers might have a loathing of such a manner of Go∣vernment. Yet some men may think that this contradicts that same which is spoken of Civilis in another place, who was himselfe of the Royall blood. Whereunto may be added, that which Strabo reports of one Veromerus, who had

been a King of the Battavers, like as also Ammianus Marcellinus, who also makes mention of other Kings of the Battavers.

There is nothing more certain, but that these Kings, such as the Lacedemonians had, only Kings in Name, not in very deed, were no other but the chiefest amongst their Nobles. This Tacitus plainly proveth, where he sayth, That the Germane Kings had not a free and unlimited power; and sayth fur∣ther, that in their Convocations they were heard more with Autho∣rity to Counsell, then with power to Command. In like manner speaking of the Frieses who were an Antient Neighbouring Nati∣on of the Battavers, when he had sayd that they had Verritum and Malorigem to their Kings, added very discreetly thereunto, for as much as the Germans were go∣verned

after a Kingly manner. Also where he describeth the Goaths, he saith, That they were governed more neare unto a Kingly manner, then all the other Nations of the Germans; Yet neverthelesse, not exceeding their Liberty: And shewing that they of Sweathen ha∣ving 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 some∣times onely Generalls. Tacitus maketh a plain and evident diffe∣rence between these two, saying, That they made them Kings that were of the highest descent of the Nobility; but the Generals, ac∣cording

to their valour and vertue. Caesar also saith, that the Germans in the time of peace, had no com∣mon Generall; but that they were chosen, that should be their Gene∣rals in Warre after such a manner, that their Authority had the Power of punishing with life and death: So that sometimes (though seldom) there have been Kings, but oftentimes Generals, the which were chosen for every expedition; like as Civilis himself was chosen by the Battavers; and before his time Cariovalda, and afterwards others.

The Authority of the Gene∣rals was of no force, but in the Warres; But the Authority of the Kings had a farther extent, of rather was herein greater, that it still continued: And yet each and both of these Authorities were neither of them infinite nor unli∣mited;

from whence followeth necessarily, that they were both of them bound in with certaine limits and restrictions.

This limitation proceeded ei∣ther from the Law, or from some other Authority: The Law hath his certaine exceptions, as Tacitus so cals it; but the Authority of many joyned thereunto, doth make that that one hath his Authority only by toleration, and not by his own right.

The Lawes were not contained in writings, but were kept and maintained (as being holy) by me∣mory and custome, like as it was accustomed among the Lacedemo∣nians.

Now in what manner, or how farre, or after what sort, those Li∣mitations of the Battavers did ex∣tend in Limiting the Authority of their Kings and Generals, it would

bee very heard to repeat: Yet it is credible, that the very same was not much different from that which hereafter in the sequell we shall heare, was used in the dayes of the Earls, the which but of late years was begun to be registred. And to produce proofes, that the Bat∣tavers descended from the Hessens, which was the most provident Nation of the Germans; and who did excell in the knowledge of commanding and obeying; which Tacitus affirmeth in these words, saying, They set over them, him, whom they had elected, and o∣beyed him whom they had or∣dained.

Moreover, I never heard or found, that any one Nation either in private or publique matters, did so constantly hold and stick together in maintaining the Laws and Customs of their Ancestors,

in such sort that it may justly bee sayd of them, That good Customs were of greater force there amongst them, then in other places good Laws were unto others: For ex∣ample thereof, take the Custome of the Hessens, when as they did weare the hair of their heads and beards so long, and binding them∣selves with an Oath, not to change the deformity thereof, before they had overthrown their Enemies. For the remembrance and perfor∣mance of which Custome, take Civilis himself who was a Battaver, as Tacitus saith, who first cut of his long golden yellow coloured hair, when as he had defeated the Le∣gions: And it is manifest, that there have been such in the begin∣ning of these last Warres which lately ended, that used the very same, maintaining the Custome in that particular, which they had from their Ancestors.

Tacitus saith, that their Com∣panies and Squadrons were not erected and made by Chance, as taking whom they could get, but it was by kindreds of Consanguinity, and Alliance. There is yet to bee found in many Cities of the Battavers, even in these dayes, such Companies and Squadrons, consisting of Friends and Neigh∣bours, being a Custome exceeding all memory.

By the old Germans, the women as soone as they were married, were exhorted and instructed, that they were come thither to be as Companion to their Husbands, in all paines, and in all dangers; and that shee must endure and suffer all things with her Husband, whatsoe∣ver happened, whether it were in time of Peace or Warre: from hence it proceedeth that the Bat∣tavers, even to this very present

day, doe hold their goods com∣mon between bed-fellows, that is man and wife.

They doe make their drink of Malt, which is made of Corn, very like unto Wine: They do weare very streight Cloathes girded to their loynes.

They doe make their habitati∣ons in the fields; and every man his own Possession hedged in, which are altogether old tokens of the Germans.

That which Tacitus reporteth of those deadly feuds, which were once begun amongst any of the kindreds by any other, that the reconciliation was to be made even unto that whole kindred: And that the parties were to bee reconciled sitting and eating toge∣gether at one Table; and that one part of the Reconciliation-money should be payed to their Lords, or

put into the common Purse, and the other part should bee payed unto him that was injured, or un∣to his friends. Which Customs have been continued, and yet still doe continue, excepting that above a hundred, or two hundred years since, those deadly feuds which were amongst the kindreds, were prosecuted more furiously and more openly.

Tacitus sayth, that amongst this People was a Custome, That every man for his own part, man for man, brought some of their own Cattell unto their Prince, which he re∣ceived of them as a gratuity, keep∣ing the same for his proper use, from hence did the Tythes pro∣ceed.

Lastly, their manner of chusing their Generals, is expressed by the example of the Kennemers, who be∣ing a part of the Battavers, did after

this manner elect one Brinio, being very nobly, descended for their Generall; as namely, They set him upon a Shield, and according to the Custome of their Nation, as Tacitus saith, They lifted him up, and carryed him upon their shoul∣ders. That the very same manner continued amongst the Battavers and their Neighbouring Nations, even untill the dayes of the Earls, appeareth in many old pieces, which doe manifestly testifie, that before the Battell which happened between the Freises and Earle Wil∣liam, the last of the House of He∣nault: that there was a Convoca∣tion held; and the Freises did this reverence unto their Earl: four of the chiefe of the Nobles of the Freises, did set their Earle upon a Shield, and so carryed him upon their shoulders, and pro∣claimed, saying: This is the

Magnificence of Friesland.

The reasons wherefore that these old Customs were so strictly main∣tained by these People, as well in particular, as also in publick mat∣ters, which tend more to an out∣ward 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 Govern∣ment, as the Custome of succeed∣ing 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 com∣monly used, for such Princes were the Kings and the Generals them∣selves, 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 Ju∣stice unto them which are under them, and doe decide the Con∣troversies. 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 ra∣ther, 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 Comonal∣ty,

to be as their Companions, serving for Counsell and Estima∣tion.

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 Soveraign∣ty of the whole Common-wealth, and that by a form of Convocati∣on. 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 Ger∣mans was of two sorts, whereof the one was little, in the which, the daily Affairs which often hapned, were decided, and this Convocati∣on 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 usu∣ally hapned upon the Assemblies of the Romans, in such manner, that every man should leave his house and home; for such could not con∣veniently 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 Mar∣sacians: 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 Sem∣nomes, 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 Ger∣manes 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 assem∣ble; so that then the Soveraignty was in the persons of this Assem∣bly of both the Estates: whereup∣on he saith thus, Before this As∣sembly, 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 com∣panions unto them. The Kings themselves and the Generals were heard in this Assembly, (as is be∣fore said) more with Authority to counsell, then with any power to command. And although this was common unto all the Ger∣manes, and not appertaining unto the Battavers, as being not able to

attaine thereunto; Yet the Hi∣story of Civilis approveth that the Battavers had this manner of Go∣vernment, 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 Nati∣ons, and the ablest of the common people. Wherein appeareth then that the Battavers used the govern∣ment 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 pub∣like

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 agree∣ment 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 contra∣ry

part, it is apparent, that the Bat∣tavers, (as soon as they had Posses∣sed the Iland) made fenced Cities, to the end, that they (not like as other People) might settle their aboad for a short time, but to con∣tinue and that in one place: wher∣of Tacitus saith, because of the convenient and easie accesse there∣unto 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 Ger∣many, and to a great part of the Walloones Countrey. Adding here∣unto, 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. More∣over the nethermost part of the Iland giveth sufficient testimony thereof, which was called Lugdu∣num Battavorum, which now is called Leyden, and the higher quar∣ter called Battavodurum, which is now called Wyckterduerstede, being both the old names of famous fen∣ced Cities, besides some other lesser Cities, as Grinnes, Vada, A∣ranacum▪ and other, whereof Ta∣citus 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 til∣ling

of the Land, others with feed∣ing of Cattle, and others with fishing, and with Merchandize, and other occupations belonging thereunto, that they very willing∣ly committed the charge of the Government unto the Magistrates, whereof we now have spoken.