Iura & Legal Systems - ISSN 2385-2445 XI.2024/3, B (3): 40-63 Università degli Studi di Salerno 40 The paradox of Roman-Dutch law in Holland Philip Thomas* SOMMARIO: 1.- Introduction; 2.- Medieval background of United States of the Netherlands; 2.1.- Charlemagne; Holy Roman Empire; 2.2.- Feudal system and the disintegration of the empire; 2.3- Towns; 2.4 Peasantry; 3.-Late Middle Ages and power struggles; 4.- Philip van Leiden, Dutch Macchiavelli; 5.- Modernisation, centralisation of power, economic transformation; 5.1- Burgundians; 5.2- The States and the States General; 5.3- Habsburgs; 5.4- Reformation and inquisition during Charles V; 5.5- The Habsburg modernisation; 5.5.1- New structures and institutions; 6.- Dutch rebellion; 7.- Analysis of the Dutch state; 7.1- Courts; 7.2- Universities; 7.3- Legal practice; 7.4- Roman Dutch law, legal coryphées and legal reality; 8.- Conclusion. 1.Introduction The birth of the Dutch republic is classified in traditional textbooks as a religious war or a war of independence 1 , depending on the interpretation of the time and author. 2 The choice of category is also linked to the cause of the events and since the hostilities lasted eighty years it is safe to propose that various causes played a role and that different causes played the main part at different stages. This paper adheres to the theorem that the past explains the present and in consequence, the medieval background of the Netherlands will be scrutinised. The starting point will be Charlemagne since he brought the Netherlands within the German empire. The disintegration of this empire and the resulting feudalism underwent changes from the eleventh century onwards as the Crusades re-opened the Middle East and the invasions of the Normans had come to an end as they had settled in France, England and Italy. The resulting upswing in trade saw the resurgence of towns and the nascent creation of states, the return of money and the concomitant taxes. Partly due to their geographical location, partly due to the industrious population and successful rulers the Netherlands became a densely populated, prosperous corner of Europe. 3 The creation of new states from the mix and match of the feudal desmaines undertaken by the Burgundians during the fourteenth century, culminated under their Hapsburg successors in the late fifteenth and sixteenth century. The introduction of new institutions aimed at unification * Emeritus Professor in Roman Law at the University of Pretoria and President of the Southern African Society of Legal Historians. 1 The term civil war might also be appropriate, although the concept of the state was still in a developmental stage. 2 Cf Philip Thomas, The standpoint determines the view: Jacques Barzun’s theory of aspect, in New Frontiers. Law and Society in the Roman world. 3 Groot Placaet Boeck (G P B), vol 1, 1 Boeck, 1 Tit, 1 Deel, Placaet vande Staten van Hollandt 1 Corte Vertooninge van het Recht by de Ridderschap, Edelen en Steden van Hollandt en West-Vrieslandt, van allen ouden tyden inde voorsz Landen gebruyckt, tot behoudenisse vande Vryheden ende Privilegien ende lofflelicke ghebruycken vanden selven, den 16 October 1587.