The development of the territorial principalities and the rise of the towns (925–c. 1350)

The secular principalities

The secular princes consolidated their power in a number of ways. The count still exercised the rights that had for centuries been attached to the Carolingian office of count, denoted by the term comitatus. They included the administration of justice, various military powers, and the right to levy fines and tolls. To these rights fiefs were attached, which during the passage of time were expanded by the counts, who eventually owned such large estates that they were by far the greatest landowners in their territories. Soon the term comitatus covered not only the office, or duty, but also the whole area over which that office was exercised; thus it could be said that the count held his county in fief of the king. An important element of the count’s authority was supervision over the county’s religious foundations, especially the monasteries. In the 10th century, the counts sometimes even assumed the function of abbot (lay abbot); but they later contented themselves with the control of appointments to ecclesiastical offices, through which they often had great influence over the monasteries and profited from the income from monastic land. Thus, monasteries such as St. Vaast (near Arras), St. Amand (on the Scarpe), St. Bertin (near St. Omer), and St. Bavon and St. Peter (in Ghent) became centres of the power and authority of the counts of Flanders; Nivelles and Gembloux, of the dukes of Brabant; and Egmond and Rijnsburg, of the counts of Holland.

At the end of the 9th and in the 10th century, during the Viking attacks and while connections with the empire were loosening, the local counts built up their power by joining a number of pagi together and building forts to ensure their safety. The counts of Flanders amalgamated the pagi Flandrensis, Rodanensis, Gandensis, Curtracensis, Iserae, and Mempiscus, the whole being thenceforth called Flanders; they fortified this area of their power with new or surviving Roman citadels. In the northern coastal regions, the Viking Gerulf was granted in about 885 the rights over a number of counties between the Meuse and the Vlie (Masalant, Kinnem, Texla, Westflinge, and a district known as Circa oras Rheni, which was, as the name implies, on both sides of the Rhine); his descendants consolidated their power there as counts of west Frisia and, after 1100, took the title of counts of Holland. In Brabant and Guelders, the amalgamation of fragmentary and dispersed estates took place later than in Flanders and Holland.

During the 10th and 11th centuries, the German kings of the Saxon and Salian dynasties attempted to impose their authority on the increasingly powerful secular principalities by the appointment of dukes. In Lorraine, during the reign of Otto I (936–973), the king appointed his brother, Bruno, the archbishop of Cologne, to the position of duke. Bruno soon split Lorraine into two dukedoms—Upper and Lower Lorraine. In Lower Lorraine, the title of duke was given to the counts of Leuven and the counts of Limburg—the former at first called themselves dukes of Lorraine but soon assumed the title of dukes of Brabant; the latter were known as the dukes of Limburg.

The spiritual principalities

That the German kings failed to integrate Lorraine into the Holy Roman Empire as a duchy ruled by a viceroy may be attributed to the fact that the kings soon developed another way to strengthen their power, not only in Lorraine but throughout the empire, by systematically investing bishops and abbots with secular powers and making them pillars of authority. This procedure, developed by Otto I and reaching its summit under Henry III, was carried out in phases and led eventually to the establishment of the imperial church (Reichskirche), in which the spiritual and secular principalities played an important part. The most important ecclesiastical principalities in the Low Countries were the bishoprics of Liège, Utrecht, and, to a lesser degree, Cambrai, which, though within the Holy Roman Empire, belonged to the French church province of Rheims. The secular powers enjoyed by these bishops were based on the right of immunity that their churches exercised over their properties, and that meant that, within the areas of their properties, the counts and their subordinates had little or no opportunity to carry out their functions. The bishops’ power was consolidated when the kings decided to transfer to the bishops the powers of counts in certain areas that were not covered by immunity.

Certain bishops, such as those of Liège and Utrecht, were able to combine their rights of immunity, certain jurisdictional powers, regalia, and ban-immunities into a unified secular authority, thus forming a secular principality called a Sticht (as distinct from the diocese) or—where the power structure was very large and complex, as in the case of the bishop of Liège—a prince-bishopric. As princes, the bishops were vassals of the king, having to fulfill military and advisory duties in the same way as their secular colleagues. The advantage of this system to the kings lay in the fact that the bishops could not start a dynasty that might begin to work for its own ends, and its smooth running stood and fell with the authority of the kings to nominate their own bishops.

Thus the spiritual-territorial principalities of the bishops of Liège and Utrecht emerged—the prince-bishopric of Liège and the Sticht of Utrecht. In Liège this development was completed in 972–1008 under the guidance of Bishop Notger, appointed by Otto I. As early as 985 he was granted the rights of the count of Huy, and the German kings made use of the bishopric of Liège to try to strengthen their positions in Lorraine. Utrecht, which lay more on the periphery of the empire, developed somewhat later. It was principally the kings Henry II, Conrad II, and Henry III who strengthened the secular power of the bishops through privileges and gifts of land.

Struggle for independence

Thus, the Low Countries during the 10th and 11th centuries saw the development of the pattern of a number of more or less independent feudal states, both secular and ecclesiastical, each of which was struggling for more freedom from the king’s authority, the enlargement of its sphere of influence, and the strengthening of its internal power. Flanders led the way. In the 10th and 11th centuries it needed to pay only scant attention to the weak French kings of the Capetian dynasty and was thus soon able to exercise its power farther south—in Artois—and was even able to play an important part in a political power struggle around the French crown. In 1066 the count of Flanders lent his support to the expedition to England of his son-in-law, William, duke of Normandy. The counts of Flanders built up a strong administrative apparatus—the curia comitis, based on central officials and on local rulers called burgraves, or castellans (castellani), who were in charge of districts known as castellanies, where they had extensive military and administrative powers. The reclamation of land from the sea and from marsh and wasteland in the coastal area, which began in earnest in the 11th century, enlarged the estates and the income of the counts and brought about the need for a rational administrative system. The nobles were a power to be reckoned with, but Count Robert I (ruled 1071–93) and his successors were able to find support and a balancing force in such developing towns as Brugge, Ghent, Ypres, Courtrai, and Cassel. The murder of the powerful and highly respected Count Charles the Good (ruled 1119–27), who was childless, plunged Flanders into a crisis that involved not only the nobles and the towns but also, for the first time, the French king.

About 1100 such other territories as Brabant, Hainaut, Namur, and Holland began to expand and form principalities, helped by the weakening of the German crown during the Investiture Contest (a struggle between civil and church rulers over the right to invest bishops and abbots). The Concordat of Worms (1122) ruled that bishops were to be chosen by the chapter of canons of the cathedral; thus, the German king was obliged to transfer the secular powers to an electus, who was then usually ordained bishop by the metropolitan. Although the king still exercised some influence over the elections, the local counts were able to make their voices heard the loudest in the chapter, so that Utrecht, for example, soon had bishops from the families of the counts of Holland and Guelders. This was the end of the strong influence that German imperial power exercised through the bishops in the Low Countries. Thenceforth, the spiritual and secular princes stood together, although the death of a bishop still tended to plunge the principality into a crisis.

French and English influence

As their power declined, the Holy Roman emperors could do little more than involve themselves almost incidentally in the affairs and many conflicts of the Low Countries. The German decline went hand in hand with the increasing influence of the French and English kings, particularly after 1200; this applied especially to French power in Flanders. A struggle for the throne that broke out in Germany at the death of Henry VI (1197) found the two powerful factions—the Ghibellines and Guelfs—on opposite sides; in the Low Countries, a game of political chance developed, in which the duke of Brabant (Henry I) played an important role, alternately supporting both parties. The French king, Philip Augustus, and his opponent, King John of England, both interfered in the conflict, which polarized into Anglo-Guelf and Franco-Ghibelline coalitions, each looking for allies in the Low Countries. A victory won by the French king at the Battle of Bouvines, east of Lille (1214), put the count of Flanders at his mercy. The southern parts of the county were split off and incorporated into the county of Artois.

Throughout the 13th century, the French kings increased their influence in Flanders, which was joined to Hainaut by personal union. The power of the counts diminished during the reign of two countesses from 1205 to 1278 because of the increasing pressure of the kingdom and the growing power of the cities. The counts’ efforts to control the urban elites (the patriciate) by controlling the cities’ finances and the appointment of the magistrates (aldermen, or schepenen) failed because the French king supported the patricians. King Philip IV, who was successful in his territorial expansion in Champagne and Gascony, also tried to incorporate the county of Flanders by a military invasion, in which he was supported by his patrician partisans. By 1300 the annexation of Flanders was almost complete. Resistance by Count Guy, which was supported by the crafts in the towns, culminated in a resounding victory by the Flemish army (which consisted largely of citizens of the towns fighting on foot) over the French knights at Courtrai (the Battle of the Golden Spurs, 1302) and prevented total annexation.

French influence remained strong during the 14th century, however, as the counts saw themselves repeatedly opposed by a mighty coalition of subjects in revolt. An early case was the peasant revolt in the western part of the county, supported by Brugge and lasting from 1323 to 1328; it was provoked by heavy taxation as a consequence of the French-imposed peace conditions of 1305. Only the massive help of a French army enabled the count to impose his heavy repression. Then the outbreak of the Hundred Years’ War about 1337 tempted the Flemish to take sides with the English, whose wool imports they needed for their large-scale textile industry. From 1338 until his death in 1346, Count Louis I of Nevers sought the protection of the French king, to whom he fled, leaving his county virtually in the hands of the three major cities of Ghent, Brugge, and Ypres, which had developed as city-states. Again in 1379–85 a new revolt of the major cities against the count’s son, Louis II of Male, provoked French military intervention, which, however, did not resolve the situation. Louis of Male also fled to France, and peace with the Flemings could only be negotiated favourably for the cities by their new prince, Philip, duke of Burgundy, youngest son of the French king, John II.

Social and economic structure

To obtain some insight into the social structure of the Low Countries between 900 and 1350, it is important to realize that, although the territorial princes wielded supreme power, the people were in fact directly dependent on an elite that, by virtue of owning land and possessing certain powers of jurisdiction and administration, had formed seigneuries, in which they held considerable effective power. These lords could control their dependents by demanding agricultural services, exercising certain rights over dependents’ inheritances, levying monies in return for granting permission to marry, and forcing them to make use of the lords’ mills, ovens, breweries, and stud animals. In the main, the owners of these seigneuries were treated as nobles and were often, though not always, bound to the territorial prince by feudal ties. A separate class was formed by the knights, who in the 12th century were usually ministeriales (servants who had originally been bondsmen) and were used by their lords for cavalry service or for higher administrative duties, for which they received a fief. It was not until the 13th century and, in many places, even later that the feudal nobility and ministerial knights became unified in a single aristocracy. Apart from these nobles, there were also freemen who owned their own land (allodium), but little is known about them; they were present, however, in large numbers in the cattle-breeding regions of Flanders, Zeeland, Holland, and Friesland, where the numerous rivers and streams must have split up the land into many small farms. The descendants of noble families who were no longer able to live as richly as the nobles and who were known as hommes de lignage (in Brabant), hommes de loi (Namur), or welgeborenen (Holland), must have been very close in status to the freemen. In the agricultural areas of Hainaut, Brabant, Guelders, and the Oversticht were dependents whose legal status is difficult to determine, though they may be classed as bondsmen because of their being liable for various services and payments.

A factor of great, if not decisive, importance for social and economic relations, not only in the Low Countries but in all of western Europe, was the growth of the population. There is no direct statistical information but only a certain amount of indirect knowledge—after about 1050, it can be seen in the internal colonization (in the form of reclamation of woods and bogs), in the building of dikes and polders, in the expansion of agricultural land, and in the growth of the villages (new parishes) and towns.

The opening up of extensive areas of wood and heathland led to the foundation of new settlements (known in the French-speaking areas as villes neuves), to which colonists were attracted by offers of advantageous conditions—which were also intended to benefit the original estates. Many of these colonists were younger sons who had no share in the inheritance of their fathers’ farms. The Cistercian and Premonstratensian monks, whose rules prescribed that they must work the land themselves, played an important part in this exploitation of new land. In the coastal regions of Flanders, Zeeland, and Friesland, they were very active in the struggle against the sea, building dikes both inland and on the coast itself. At first these dikes were purely defensive, but later they took on an offensive character and wrested considerable areas of land from the sea.

Especially important was the reclamation of marshland in the peat-bog areas of Holland and Utrecht and in the coastal regions of Flanders and Friesland. The Frisians had specialized in this work as early as the 11th century; Flemings and Hollanders soon adopted their methods, even applying them in the Elbe plain in Germany. The system, which consisted of digging drainage ditches, lowered the water table, leaving the ground dry enough for cattle grazing and, later, even for arable farming. The colonists, who were freemen, were given the right to cut drainage ditches as far back from the common watercourse as they wished. Certain restrictions were later imposed by the lords, however, who regarded themselves as the owners of these areas and demanded tribute money as compensation. Reclamation work was organized by a contractor (locator), who was responsible to the count and often carried out the function of local judge.

Thus, in the 12th and 13th centuries, a large area of land in the Holland-Utrecht peat-bog plain was made available for agriculture, facilitating the rise of nonagricultural communities (i.e., the towns). In Flanders, Zeeland, Holland, and Utrecht this struggle against the sea and the inland water was particularly noteworthy in that it led to the foundation of water boards, which in the 13th and 14th centuries were amalgamated to form higher water authorities (the hoogheemraadschappen). Mastery over the water had to be carried out on a large scale and in an organized fashion; the building of dikes required a higher authority and coordinated labour. Thus, various organizations emerged, acting independently in the field of canal and dike building and maintenance and responsible only to the government itself. These were communitates, with their own servants and their own managements (dike reeves and heemraden) and empowered to take necessary measures to maintain the waterworks, administer justice, and issue proclamations. This included the levy of taxes for this purpose, under the exclusive control of the landholders, who had to contribute proportionally to the area they possessed. The need of absolute solidarity, imposed by geography, thus created a system of communal organization based on full participation and equality exceptional in European terms. In the core of Holland, three large hoogheemraadschappen controlled the whole territory. They were headed by dike reeves who also were the count’s bailiffs and thus functioned as high judges and administrators. They were assisted by heemraden elected by the landholders.

The increase in the population and the reclamation of land from the sea and marshes, as well as the fight to keep the sea out, all helped change the social and economic structures of the Low Countries. For centuries, the southern and eastern areas had been agricultural, often making use of the domain system. In the coastal areas, however, reduced labour requirements of cattle raising could be combined with fishing, weaving, and overseas trading. Dorestad, the centre of the Frisian trade, fell into decay not so much as a result of Viking raids (it was rebuilt after each one) as of a change in the course of the river upon whose banks the town was situated. Dorestad’s leading position in trade was then taken over by Tiel, Deventer, Zaltbommel, Heerewaarden, and the city of Utrecht. Wheat was imported from the Rhine plain, salt from Friesland, and iron ore from Saxony, and, before long, wine, textiles, and metal goods were brought along the Meuse and Rhine from the south. The IJssel in Guelders also began to carry trading traffic through Deventer, Zutphen, and Kampen and, on the coast of the Zuiderzee (now IJsselmeer), through Harderwijk, Elburg, and Stavoren.

Growth of Flanders

In the south, commercial developments were concentrated in two areas: one was the Artois-Flanders region, which profited from the shipping facilities of a river system providing access to the sea and to the wide Schelde plains; the other was the Meuse corridor. For centuries, sheep farming on chalky soils and coastal marshlands had produced the wool needed in the cloth industry; but to meet an increased demand wool was imported from England, for which purpose merchants from various Flemish towns joined together in the Flemish Hanse, a trade association, in London. Flemish cloth produced in fast-growing cities such as Arras, Saint-Omer, Douai, Lille, Tournai, Ypres, Ghent, and Brugge found its buyers throughout Europe. Notary’s registers in Genoa and Milan, preserved since about 1200, mention many transactions of different varieties of Flemish cloth and indicate the presence of Flemish and Artesian (from Artois) merchants. The fairs (markets) in the Champagne region linked northern Italy with northwestern Europe; in Flanders a series of similar fairs was set up to facilitate contacts and credit operations among merchants of different nationalities.

To a large extent, the Flemish economy became dependent on the import of English wool, while its exports of finished cloth were directed mainly to the Rhineland, northern Italy, the French west coast, the northern Low Countries, and the Baltic. Flanders’ early dominant position was possible owing to a favourable combination of geographic and economic factors. Because Flanders had the first large export industry in northern Europe, its production centres attained the highest levels of quality through specialization and diversification.

For the cloth industry itself, Ghent and Ypres were among the most important towns. In Ghent the production process was run by drapers (drapiers), who bought the raw material, had it treated by spinners, weavers, fullers, and dyers, and eventually sold the final product. A drop in wool imports from England could therefore cause immediate social and political upheavals in the city.

The area of the Meuse also carried on considerable trade and industry; merchants from Liège, Huy, Namur, and Dinant are named in 11th-century toll tariffs from London and Koblenz. This trade was supplied mainly by the textile industry of Maastricht, Huy, and Nivelles and by the metal industry of Liège and Dinant. Trade in Brabant, actively supported by the dukes, used the road, or system of tracks (medieval road systems were not advanced), that ran from Cologne through Aix-la-Chapelle, Maastricht, Tongres, Leuven, and Brussels to Ghent and Brugge. Four major trade routes thus developed before 1300 in the Low Countries, favouring the growth or even the emergence of cities; these were between the Rhine and the Zuiderzee, along the Meuse, along the land route from Cologne through Brabant to the sea, and through Flanders. Only the latter displayed a spectacular growth during this period, taking advantage of its proximity to the sea to build up a massive export industry of labour-intensive, high-quality consumer products.

Since prehistoric times, fishing, particularly for herring, had been important in the coastal regions of Zeeland and Flanders. Since the 5th century bce, archaeological evidence shows that the people produced salt, important in fish preservation, by boiling seawater. In later centuries, a more-sophisticated technique was devised by burning peat, from which salt could be refined. This industry was located along the coast and near Biervliet and Dordrecht on the major rivers. It evidently was established to support the fisheries. The fishing industry was given added stimulus by the shift of the herring shoals from the coast of Schonen (Sweden) to the North Sea. The ships, however, were increasingly placed at the disposal of general trade and, in particular, of the wool trade with England. The German merchants also turned their attention to Holland, where Dordrecht became the most important centre. Because of its central position in the rivers area, this town offered the counts the chance to raise tolls on all traffic in the neighbourhood; moreover, all cargoes had to be unloaded and offered for sale—wine, coal, millstones, metal products, fruit, spices, fish, salt, grain, and wood.

The towns

The towns gave the Low Countries a special character of their own. Apart from some towns that had existed even in Roman times, such as Maastricht and Nijmegen, most towns arose in the 9th century; in the 11th and 12th centuries, they expanded and developed considerably. The emergence of the towns went hand in hand with the population increase and the extension of cultivable land, which made possible higher production. The population centres that emerged were not primarily agrarian but specialized in industry and trade.

The oldest towns were in the regions of the Schelde and Meuse. Near existing counts’ castles or walled monasteries, merchants formed settlements (portus, or vicus). In some cases, like that of Ghent, for instance, the commercial portus was older than the count’s castle and grew purely because of its advantageous location. The portus gradually merged with the original settlements to form units that both economically and in their constitutions took on their own characters with respect to the surrounding country—characters that were later manifested by defensive ramparts and walls. The cities in the Meuse valley (Dinant, Namur, Huy, Liège, and Maastricht) had already developed in the 10th century, owing to the heritage of this region as the core of the Carolingian empire. Maastricht in particular played a prominent role as one of the main seats of the German imperial church. In the Schelde valley a dense urban network had also developed. A later group (though not much later) was formed by the northern towns of Deventer and Tiel, while Utrecht had long been a town in the sense of a commercial centre. Zutphen, Zwolle, Kampen, Harderwijk, Elburg, and Stavoren are other examples of early towns. Much younger (13th-century) are the towns of Holland—Dordrecht, Leiden, Haarlem, Alkmaar, and Delft.

All the towns formed a new, non-feudal element in the existing social structure, and from the beginning merchants played an important role. The merchants often formed guilds, organizations that grew out of merchant groups and banded together for mutual protection while traveling during this violent period, when attacks on merchant caravans were common. From a manuscript dated about 1020, it appears that the merchants of Tiel met regularly for a drinking bout, had a common treasury, and could clear themselves of a charge by the simple expedient of swearing an oath of innocence (a privilege they claimed to have been granted by the emperor). Thus, there and elsewhere, the merchants constituted a horizontal community formed by an oath of cooperation and with the maintenance of law and order as its goal.

In contrast, therefore, to the vertical bonds in the feudal world and within the manors, horizontal bonds emerged between individuals who were naturally aiming at independence and autonomy. The extent to which autonomy was achieved varied greatly and depended on the power exercised by the territorial prince. Autonomy often developed spontaneously, and its evolution might have been accepted either tacitly or orally by the prince, so that no documentary evidence of it remains. Sometimes, however, certain freedoms were granted in writing, such as that granted by the bishop of Liège to Huy as early as 1066. Such town charters often included the record of a ruling that had been the subject of demands or conflicts; they frequently dealt with a special form of criminal or contract law, the satisfactory regulation of which was of utmost importance to the town involved. Indeed, the first step a town took on the road to autonomy was to receive its own law and judicial system, dissociated from that of the surrounding countryside; a natural consequence of this was that the town then had its own governing authority and judiciary in the form of a board, whose members were called schepenen (échevins), headed by a schout (écoutète), or bailiff. As the towns grew, functionaries appeared who had to look after the town’s finances and its fortifications. They were often called burgomasters (burgemeesters).

Town opposition to the prince

The development of a town’s autonomy sometimes advanced somewhat spasmodically as a result of violent conflicts with the prince. The citizens then united, forming conjurationes (sometimes called communes)—fighting groups bound together by an oath—as happened during a Flemish crisis in 1127–28 in Ghent and Brugge and in Utrecht in 1159. The counts of Flanders from the house of Alsace (Thierry, ruled 1128–68, and Philip, 1168–91) kept careful watch, supporting and aiding the towns in their economic development but otherwise keeping the process in check.

In their struggle for autonomy, the towns had to fight for financial freedom, such as for the lessening or abolition of the taxes and tolls they had to pay to the prince but also and principally for the right to impose their own taxes, usually in the form of indirect taxation (e.g., excise duties), in order to raise money for necessary public works. Especially important to them was the right to frame their own laws; this legislative right (the keurrecht) was in most towns originally restricted to the control of prices and standards in the markets and shops but was gradually extended to cover civil and criminal law. The extent of a man’s obligation to serve in the prince’s armed forces was often fixed or limited or both (sometimes by the provision for payment in lieu, sometimes by a legal definition of the number of foot soldiers or manned ships to be made available).

Thus, the town in the Low Countries became a communitas (sometimes called corporatio or universitas)—a community that was legally a corporate body, could enter into alliances and ratify them with its own seal, could sometimes even make commercial or military contracts with other towns, and could negotiate directly with the prince. Land within the town’s boundaries usually became its property or its burghers’ by redemption, and the town’s inhabitants were usually exempt from any dependent relationship with outsiders.

A town’s population usually had a distinct social structure. The merchants, the oldest and leading group, soon emerged as a separate class (the patriciate); they generally managed to gain control of the offices of schepen and burgomaster and thus controlled the town’s finances. Sometimes the homines novi, a new class of up-and-coming merchants, tried to become part of the patriciate, as in Dordrecht and Utrecht. Beneath the patriciate a lower class formed, called the gemeen (“common,” in the strict sense of the word), which embraced the artisans and organized into crafts such tradesmen as butchers, bakers, tailors, carpenters, masons, weavers, fullers, shearers, and coppersmiths. These crafts, or guilds, originally developed out of charitable organizations of people in the same profession and had to adhere to regulations laid down by the authorities. Gradually, however, they tried to obtain their independence, exercise influence in politics, cut themselves off from outsiders by means of compulsory membership, and introduce their own regulations regarding prices, working hours, quality of products, apprentices, journeymen, and masters. During the second half of the 13th century, class antagonism rose in the main industrial cities in Flanders. The political conflict between the count of Flanders, the king of France, and the partriciate opened the way for the craftsmen to score a military victory in 1302. This led to the constitutional recognition of the guilds as autonomous organs with the right of considerable participation in the cities’ administration. The achievements of the Flemish artisans inspired their colleagues in Brabant and Liège to revolt and raise similar demands; Flemish military incursions provoked the same reaction in Dordrecht and Utrecht. In Brabant, the concessions were only short-lived, but their effects were more durable in the other places, although never undisputed by the old elites.

In Flanders and in the bishopric of Liège, the towns rapidly attained such power that they constituted a threat to the territorial prince, a situation that often resulted in violent conflicts. In contrast to this, relations between the prince and the towns of Brabant were more harmonious; the political interests of the prince and the economic interests of the towns coincided for the most part during the 13th century, while John I, Duke of Brabant, sought expansion toward the Rhine valley, which offered protection for the growing trade that moved from Cologne overland through Brabant. Duke John II, however, left such formidable debts that Brabant merchants were arrested abroad, which made them claim control over the duke’s finances during Duke John III’s minority (1312–20). The fact that from 1248 to 1430 only two dynastic successions involved a direct adult male heir gave the cities (which had incurred massive debts) recurrent opportunities to intervene in the government and to impose their conditions on the successors in the form of public testaments called joyeuse entrée acts, which were delivered at all successions from 1312 until 1794. The acts, which also applied to Limburg, contained dozens of ad hoc regulations besides a few more general and abstract notions, such as the indivisibility of the territory, a nationality requirement for the officials, approval of the cities before embarking on a war, and the subjects’ right of resistance in case of violation of any stipulation of the acts. In Holland the towns did not really develop until as late as the 13th century, when they were helped by the counts.

During this period, when foundations were being laid for the dominant role the towns would later play in the Low Countries, a decisive change also took place in the authority of the territorial prince. Originally he regarded his powers mainly as a means of increasing his income and of extending the area over which he could exercise power. He felt little duty toward his subjects or desire to further the welfare of the community as a whole. At best there were religious as well as material motives in his dealings with the churches and monasteries. There were no direct relations between the prince and all his subjects, for he was primarily lord of his vassals. The political, social, and economic developments discussed above, however, brought a change in this situation. In the first place, the prince’s increasing independence meant that he himself began to behave like a king or sovereign lord. His authority was then referred to as potestas publica (“public authority”), and it was believed to be granted by God (a Deo tradita). The area over which he ruled was described as his regnum or patria. This implied not only the duty of a lord toward his vassals but also that of a prince (princeps) toward his subjects. This duty included as its first priority the maintenance of law and order (defensio pacis) by means of laws and their administration. He had further to protect the church (defensio or advocatio ecclesiae), while his involvement in land reclamation and in the building of dikes and with the development of the towns brought him into direct contact with the non-feudal elements of the population, with whom his relations were no longer those of a lord toward his vassals but took on a more modern aspect—that of a sovereign toward his trusted subjects. He became, according to the 14th-century lawyer Philip of Leiden, the procurator rei publicae (“he who looks after the matters of the people”). Contact with his subjects was through the representatives of the communitates of the water boards and heemraadschappen and through the towns and nonurban communities, which were legally corporate bodies in dealings not only with outsiders but also with the prince. Sometimes the towns expressly placed themselves under the protection of the prince and declared themselves committed to loyalty to him. Such a town was Dordrecht, which, in a document dated 1266, expressed its loyalty and at the same time described the count of Holland as dominus terrae (“lord of the land”). These new notions point to a more modern conception of a state, to a growing awareness of territoriality, and to new possibilities of collaboration between prince and subjects.