Contraventions by delaying the Evacuation of Places

BY the Fourth, Fifth, and Eighth Articles of the said Treaty it was agreed, That the places to be restored on either side, should immediately after the exchange of the Ratifications be really and Bona fide Evacuated, without delay or dif­ficulty, for any Cause whatever.

Notwithstanding this agreement, and all the instances of his Catholick Majesty to have the Treaty observed, The Ministers of France, designing to reduce the whole Coun­try, they were oblig'd to restore, to a point of irrecoverable Ruine and Desolation, have notoriously delayed the Evacuation of the Places: Pretending, as to the Towns where there were Rivers, that the Ice had render'd them unpassable for Vessels to carry away their Ammunition: And, as to the Coun­try, That the Commonalty of the Pro­vinces, under the Obedience of his Ca­tholick Majesty, being in arrear for Con­tributions demanded by France, had not given Security sufficient to satisfie all their pretensions.

The oppression and Ruine of the same Pla­ces.

Offers were made on the part of his Catholick Majesty, that the French Am­munition should be carried by Wagons, and that it might be done after the Resti­tution of the Towns, according to the Seventeenth Article of the Treaty: As to the Contributi­ons, the Spaniards would have given all reasonable satisfaction, and made it appear the Evacua­tion ought not however to be retarded on that account; but all to no purpose: For the French continued their Exactions of [Page 3]Aids and Subsidies from Town and Coun­try, and Quartered their Troops there Ten Weeks after the publication of the Peace, and forc'd the Inhabitants to pay every Company eight hundred Florins to­wards Recruits, besides Free Quarter.

And when the Levyes for Recruits were ended, they made the Officers pay the Moneys in their Hands, received on that Account, into the Treasury of the most Christian King.

The Charge on this occasion hath been so excessive, that it hath amounted to a­bove Fifty thousand Florins a day, and for the Ten Weeks time to several Millions. The French, not content with this, ex­tended their Exactions over several places, which have always belong'd to his Ca­tholick Majesty, particularly over the Countries of Alost, Grammont, and Waes, and generally all those Countries that had paid Aids and Subsidies with the City of Ghent.

Any Country that had been assess'd with Ghent towards payment of Taxes, the French took themselves sufficiently intitu­led to, and made absolute Proprietors of by right of War, as a Dependent of the City of Ghent, which they had possess'd them­selves of, but were obliged by the Treaty [Page 4]to have restored to his Catholick Ma­jesty, at the time they exacted Aids and Subsidies from them.

And though by the Fifth and Eighth Ar­ticles of the Treaty it was agreed, That the places to be Evacuated should not be dammag'd, and that the Inhabitants should not be charg'd, nor any demand be made of payment by them for any thing pre­tended due to the Souldiers quarter'd a­mong them; yet the severity of the French, in exacting Aids and Subsidies, was such, that the Inhabitants of several Vil­lages in Flanders, Hainault, and elsewhere, having deserted their abode, the States of the Provinces, or those Towns which had any thing left, were forc'd to pay the Rates assess'd on the depopulated Places.

The oppression of his Catholick Majesties Subjects under pre­tence of Arrears of Contribution.

The Rigor they have us'd in the matter of Contributi­ons, without regard to Rea­son or Covenant, or the moderation agreed on, is un­parallell'd.

They forc'd the Subjects of his Catholick Majesty to travel from place to place, and dance attendance wherever the Intendents of France thought fit to Command them: They made them pay, not only after the conclusion but publication of the Peace, [Page 5]the charge of Envoys, Reprizals, and Coun­ter-Reprizals past in time of the War, though his Catholick Majesty had revok'd all Or­ders of that kind. And when his Majesties Subjects could not produce particular Ac­quittances (which had been burnt, or lost, or mislaid in the War time) the French com­pelled them to pay the same Duty twice, not satisfied with later Acquittances, by which it appeared the former Duty was discharg'd; and his Catholick Majesty was oblig'd to pay what was demanded of such of his sub­jects as were insolvent.

Besides, they extended their Contribu­tions in full Peace, to places that had not been subject to them in the time of War, nor paid any Aid or Subsidy to his Catho­lick Majesty.

'Tis evident by the Sixteenth Article of the Treaty, That the Contributions were not to be demanded after the Six­teenth of October, 1678. But it was the plea­sure of France, they should be paid for two Months longer, under pretence, that his Catholick Majesty had delayed the exchange of the Ratification; though in truth, the Term was prolong'd by mutual consent, without altering the Treaty in any par­ticular; and that, in the mean time the Suspension of Arms continued, so that there [Page 6]was not any need of Guards or safe Con­ducts, and consequently no cause to raise Con­tributions; but the Exaction ought to have ceas'd upon that very account, if the Treaty had not limited when it should determine.

Breach by destroying of Woods.

The Thirteenth Article of the Treaty says in express terms, That the Subjects of either Part, should from the day of Signing the Trea­ty be put into full possession of their Estates, and particularly of the Woods in the several Places, and that from that day no Wood should be fallen by right of War.

The French Intendants have been Guil­ty of a formal Contravention in this point; having caused a fall of Woods to be begun after the Treaty had been sign'd, and a pro­digious quantity to be cut down, which did belong to the Subjects of his Catholick Majesty: The pretence being, they had or­der to do so, if the Ratifications were not perfected within the time limited for that purpose: And when it was made appear the Ratification had been effectually ex­chang'd within the time prefix'd, their an­swer was, the Woods were fallen before they had the News; as if they had not been obliged in the least to inquire after the progress of the Treaty, and that their distance from Nimmighen had given them full [Page 7]right to act the violences they pleas'd, upon supposition it was possible a thing was not done which had been effectually accomplished.

Besides, they were so far from hearkning to the Instances made them, that they would leave to the Owners such of the Trees fallen as remained on their Grounds, that they caused them to be carried away, and disposed of them as they pleas'd.

Waste and ruine by the March of their Troops.

Their Forces, before they were drawn off, in pursuance of the Treaty concluded and ratified, committed great spoil, and excessively wasted the Province of Na­mur, by Marches and Counter-Marches of purpose, wherein they were Guilty of disorders in abundance, using the Spanish Subjects at discretion, Robbing their Houses, and forceing them to ransom their Persons, as in the heat of the War.

The Chevalier de Sourdis, who, pursuant to the Treaty concluded with the Elector of Brandenbourgh, brought back the French Forces from the Dutchy of Cleves, through the Provinces of Gueldres and Luxemburgh, abstained not from the like disorders; have­ing forc'd his Catholick Majesties Subjects of Welst and Breehdorf to Build a Bridge o­ver the Roer, for carrying over his Ammu­nition; the Officers of his Dragoons have­ing [Page 8]compelled the same Subjects to furnish them with Victuals and Forrage unpaid for.

This was certainly against the Laws of Nations and of Hospitality: For though this passage had been granted them on the ac­count of the Elector of Brandenbourhg and the States of the United Provinces, to rid the Country of the former of these Forces, and the States of so dangerous Neighbours, they ought to have been content with the liberty of passage, and not have forc'd the Subjects of his Catholick Majesty to bear their Charges.

Breaches by invad­ing and taking Towns and Places of his Catholick Majesties.

These Contraventions usher'd in an inundation of others, that quickly followed in several parts of the Pro­vinces subject to his Ca­tholick Majesty, wherein the French took several Towns and open places, many whereof they had quitted and re­stored into the possession of his Catho­lick Majesty, in pursuance of the Treaty.

In Hainault.

The Town of Chevre in Hai­nault holds immediately of his Catholick Majesty and the Soveraign Court of Mons: The most Christian Kings Attorney, at the Conferences held in exe­cution of the Treaty of Aix la Chappelle, which granted to France the Town and [Page 9] Castlewick of Aeth, had inserted the Town of Chevre in his List of the Dependences of that Castlewick, and pretended it be­longed to the most Christian King, as a Member of the Castle of Aeth: His Ca­tholick Majesties Attorney maintain'd the contrary: The Commissioners of the two Crowns were divided in Opinion, those of his Catholick Majesty insisting it ought to continue his, as holding immediately of him and the Court of Mons: The French urg'd, it belonged to their King, as a de­pendent of Aeth pass'd to him by the Trea­ty of Aix la Chappelle.

And thought the matter was put out of question, by the Retrocession of the said Castlewick of Aeth, to his most Catholick Majesty by the last Treaty; so that it must of right belong to him, whether you allow the opinion of the French or Spanish Commissioners and Attorneyes of the Crowns: Yet in December, 1679. Count Monbron, Lieutenant General of the Ar­mies of France, was sent with considera­ble Forces of Horse and Foot, with Engi­neers, to make himself Master of that Castlewick by force of Arms, in a time of full Peace, and when the Commissioners of the two Crowns were actually met for Execution of the Treaty.

They possess'd themselves the same time of about twenty Villages lying within the Castlewick of Aeth, intermixt with the Members of it, and called Free Lands, for that they are not dependents of the Castle, but are holden immediately of his Catho­lick Majesty as Earl of Hainault: Not­withstanding this, the French pretended to them since the Treaty of Aix la Chap­pelle, and took possession of them as depend­dents of the Castle of Aeth, though his Ca­tholick Majesty had also the perception of the Rights and Profits belonging to him.

When their pretended Title by the Treaty of Aix la Chappelle, ceas'd by that of Nimmighen, wherein they agreed to re­store Aeth and its Castlewick to his Catho­lick Majesty, the same time that they drew out of Aeth and its Castlewick, they did without difficulty evacuate those Vil­lages, leaving them in the full and free possession of his Catholick Majesty, as agree'd by the Treaty: But, after about a years time, they enter'd again upon the Castle­wick of Aeth, and took actual possession of it; and (for want of other reason) pretended, they had right to it, for that they had in the last War taken and possess'd it by force of Arms, and that the most Christian King in his Proposals for Peace, had not only demanded the Cession [Page 11]of the places there mentioned, but added this Clause, In a word, the Places and Coun­tries he was in Possession of, except only those he should think fit to restore.

And though this general Clause was reject­ed by the Act of acceptation, and the Trea­ty thereupon, and that by the mediation of the States-General, it was agreed, That all places to remain in the possession of France should be particularly exprest and named in the Treaty of Peace, and a ge­neral Clause inserted, That all that had been or should be possess'd till the Publication of the Peace, (except the places to remain by the Treaty in the Possession of France) should be restored: And that besides this agreement, the Castlewick of Aeth and its Dependents, were expresly named among the places to be restored to his Catholick Majesty, whereby all the right and pre­tence of the French was absolutely an­null'd: Notwithstanding all this, and that they had not any colour to claim again their pretended possession, having devested themselves of it, and of the Title they had made use of as the sole ground of their possession; Yet within twelve Months af­ter evacuation of those places, pursuant to this Treaty, the French without right, and contrary to the Treaty, possess'd them­selves [Page 12]of the same places by force of Arms: They possess'd themselves also of the Town of Fountain L'Evesque, which holds of his Catholick Majesty as Earl of Hainault: And in December, 1679. they seiz'd the Towns of Fumay and Revin, situate on the Meuse, and belonging to his Catholick Majesty, as Dependences of the County of Beaumont, for which seizure they had not, nor pretended any right, other than that they had found, that about nine hundred years ago, those Towns had been reputed part of France.

At the same time they made themselves Masters of Bourg D'Estrun, the Villages of Feron and Roully, and afterwards that of Rock and other Hamlettes, pretending them to be Dependences of Maubenge; though in truth they are part of the Principality of Chimay, belonging to his Catholick Ma­jesty, under the immediate Jurisdiction of his Soveraign Court of Mons.

An Order dated the sixth of February, 1680. was sent to those of Cerfontain, Ti­rimon, Bersilly, Le Val, and Audrelu, to force them to swear Fealty to the most Christian King: Under pretence, they had found some old Registers wherein those Villages were mentioned as Dependences of Maubenge: Though in truth, they neither [Page 13]were, nor are so; but the four first of those Villages have ever since the year 1518, been United to the Provostship of Beaumont, and Andrelu to that of Binch.

Breaches in the Province of Flanders.

The Violences done by the French in the Province of Flan­ders are no less suprizing and groundless than the former.

They have possess'd themselves there of several open places belonging to his Catho­lick Majesty, and among others, of the three Towns of Loo, Roulers, and Renaix.

The Town Loo is immediately subject to his Catholick Majesty as Earl of Flan­ders, having been always Govern'd by particular Officers, without other depen­dence than that of contributing in Assess­ments with the Freedom of Bruges, whose Customs it follows, as may be seen by the Records of the Province, and the Customs of the Freedom of Bruges, Tit. 1. Art. 6, 7.

After the Peace of Aix la Chappelle, France pretended to it as a dependent of Furnes, and the Sieur Bobert, the French Intendant, quartered Forces there under that pretence in the year 1668. But those of the Coun­cil of Flanders having made the contrary appear by Letter of the eighth of June that year, the Intendant acknowledged himself satisfied, and by Letter of the 13th [Page 14]of the same Month answered, that had he been so informed before, he would not have sent any Forces thither; his answer was confirmed by Order he sent for the speedy dislodging of the Troops quartered there; which being accordingly done, his Catho­lick Majesties unquestionable right to that Town was owned and confirmed by the confession of the French: Notwithstand­ing this, after the Peace of Nimmighen, they made use of the same pretence for appropriating to them the Soveraignty of that Town; in pursuance whereof, they placed new Magistrates there, in 1679.

The same year they possess'd themselves of the Town of Roullers, pretending it a Dependent of the Castlewick of Ipre; though it be in truth a Signiory in chief, and is called as such to the States of Flanders in all Assessments of Aids and Subsidies, and is part of the Land of Wynendall within the Free­dom of Bruges: The Aids and Subsidies charg'd on the Castlewick of Ipre, as well as those on the Town of Roullers, are paid at Roullers; in all other things the Town of Roullers is wholly separate and distinct from the Castlewick of Ipre, and so absolutely independent, that the Inhabitants of Roul­lers have never contributed to the Charges of the Castlewick: and Roullers hath been so [Page 15]far from being reputed a dependent of the Castlewick of Ipre, that it had not any be­nifit of the redemption quarters purcha­sed by that Castlewick, or granted it from time to time: And the independence of it from the Castlewick, hath been confirm'd by a Sentence upon Appeal in 1578.

The Town and Territory of Renaix is immediately subject to his Catholick Ma­jesty, as Earl of Flanders; and pays its Services in his Chamber of Justice esta­blished in the Town of Ghent.

It belonged formerly to the Abbots of the Monastery of St. Cornelius, and in the year 1280, was sold to Guy Earl of Flan­ders, and united to that Province: The same Guy gave it to one of his Sons in Fee, to hold of him his Heirs and Successors Earls of Flanders; and it was accordingly held for several Ages.

This possession is grounded on abun­dance of Evidences and Decrees of Con­fiscation to the use of the Earl of Flanders, as Soveraign Lord; so that the Right of his Catholick Majesty to it is beyond contra­diction; but the French, whose Right con­sists in their Arms, have sent Troops to quarter there, and usurp the Soveraignty of the place against his Catholick Ma­jesty.

Breaches in the Dutchy of Luxem­burgh.

The Province of Luxemburgh hath more than any other felt their daily Contraventions a­gainst the Treaty of Peace; for, in the time of full Peace, the French have taken in that Province with­out any reason, other than that of the Right of Arms, a great number of Towns, Castles, and Territories of very large extent.

The Castle of Bourg of Rodemacker is a Signiory in chief, depending immediately of his Catholick Majesty, as Duke of Lux­emburgh; it holds immediately of his Ma­jesties Person, and does its Fealty and o­ther Services due to his Majesty before the General Governour of that Province, as appears by Surveys and other Records, par­ticularly those of 1552, and 1553. And by the admission of the Marquess of Ba­den in 1562. The French pretended to it as belonging to them by the Cession of Thionville by the Treaty of the Pyrenees: But in the Conferences held for execution of that Treaty, the Right of his Catholick Majesty was so clearly made out and maintain'd, that he continued in possession of the Castle and Burrough; and in the beginning of the War in 1667. His most Christian Majesty granted them a Neutra­lity [Page 17]at the request of the Marchioness of Baden.

The Publick Faith ought in that case to have secured them from his Arms, but hath been so far from securing them, that the French Troops, expresly contrary to the Neutrality, possess'd themselves both of the Castle and Burrough: By the Trea­ty of Aix la Chapelle reparation was agreed to be made for this Violence; but the last War breaking out before reparation ob­tain'd, his Catholick Majesty retook the the Burrough and Castle, and continued a Garrison there till both were demolished: So that the last possession hath gone with the right of his Catholick Majesty.

Yet, though after this, and especially af­ter the conclusion of the Peace at Nimmi­ghen, all violent attempts and seizures by force ought to have ceas'd; the Ministers of France have not only possess'd themselves of the said Castle and Burrough, (for no other reason than that Right must submit to Might) but have seiz'd other Lands to the Gates of Luxembourgh, pretending they are Dependences of the Burrough or Castle of Rodemacker, for which there is not any more colour than for the pretended depen­dence of Rodemacker on Thionville.

Upon this ground it was, that in Octo­ber [Page 18]1679. they seiz'd the Castle of Esperange within half a League of Luxemburgh, forc'd the Inhabitants of the Signiory to swear Fealty to the most Christian King, abus'd the Mayor of the place for opposing them, and prohibited the Inhabitants to acknow­ledge any longer the Soveraignty of his Catholick Majesty as Duke of Luxemburgh, or resort to the Fairs held in that City, upon pain of Corporal punishment, though it clearly appears by the Records of ad­missions of the Tenants of Rodemacker, that the Territory of Rodemacker extends not to Esperange, nor the Villages its Depen­dents: And by the admissions of the Tenants of Esperange it is equally evident, it is held immediately of his Catholick Majesty as Duke of Luxemburgh, being a Seigniory in chief, and as independent as Rodemacker it self.

The complaints made on this account to the Court of France appeared so rea­sonable, that Monsieur de Pompone the twentieth of October, 1679. declar'd to the Sieur Del Val, by express Order of his most Christian Majesty, that the Intendant ha­ving been charg'd to cause all the Inhabi­tants of the places his Majesty was possess'd of in Alsace and Lorain to swear Alle­giance to him, had of his own head ex­tended [Page 19]the Order to the places above men­tioned: But that no advantage should be taken of it; and when it should be made appear, at the Conference, that they be­long'd to his Catholick Majesty, he should without difficulty be put into Possession of them.

After this Answer it was expected they would have at least abstain'd from Force; but the fifteenth of November, 1679. they took those places again, and farm'd out the Toll of the Bridge of Esperange, belong­ing to his Catholick Majesty; and without any regard to the Protestation made by his Attorney General, and accepted by him they had constituted Commander of Rode­macker, they order'd the Ancient Farmer of that Duty under his Catholick Majesty to pay it to the use of his most Christian Ma­jesty; and let the Governour of Luxem­burgh know, they would not permit his Catholick Majesty to receive any Aids or Impositions from the places they had ob­lig'd to swear Allegiance to the most Chri­stian King, and that they would make the Subjects of his Catholick Majesty pay double what should be so imposed or received on his part.

In January, 1680. they seiz'd Ryaville, and seventeen Villages annext to it, pre­tending [Page 20]they were Dependents of Metz, though in truth they are not, but belong to his Catholick Majesty, and depend ab­solutely on his Dutchy of Luxemburgh.

Their proceedings as to the Seigniories and Lands of Russy, Putlange, and Presche are yet more enormous; for the fifth of May, 1680. the Count de Bussy presented himself at the Frontier of Luxemburgh with a Body of French Horse and Dragoons, with resolution to enter that Province on the morrow, if the Souldiers his Catholick Majesty had in those Castles did not retire thence in the mean time; which, to pre­vent greater inconveniences, they did: And the Count de Bussy immediately possess'd himself of the Places, plac'd French Gar­risons in them, and forc'd the Province of Luxemburgh to pay the Charges the Victual­lers of his Troops said they had been at, and imprisoned the Provost of Verton, till he had Compounded with them for a hundred Pistols.

These Violences were the more surpriz­ing, as grounded on no other pretence than an imaginary Dependence of those places on Thionville and Rodemacker: Though Russy be a County and Seigniory held imme­diately of the Person of his Catholick Majesty, to whom it does Homage and o­ther [Page 21]Services, which it performs to his Ma­jesty in the Person of his Governour-General of that Province, to whom alone under his Majesty it is oblig'd to pay them, having always been a place independent of any o­ther, and its Inhabitants subject to the immediate Jurisdiction of the Council Pro­vincial of Luxemburgh. Besides it is Re­gistred as a County, and more ancient than Thionville and Rodemacker, as appears by the Surveys and Admissions, particularly of the years 1270, and 1563.

The Castle of Putlange is also a Seignio­ry in Chief, holden immediately of his Catholick Majesty as Duke of Luxemburgh, and the Territory of it is under the Juris­diction of the Provostship of Luxemburgh, with which it hath been always tax'd, and contributes to all Charges publick and pri­vate, ordinary and extraordinary, as appears by the Registers of Fires in the years 1552, 1563, 1624, 1656, and 1659. By the O­riginal Assessments, the Accounts of the Provostship, and the Sentence given in the point the last of June, 1624.

And that the Lordship of Preische, con­sisting in a Castle and some Farms, hem'd in and incompassed with Villages of the provostship of Luxemburgh, is a distinct Fiefe and Seigniory holden in Chief, and [Page 22]depending immediately on his Catholick Majesty, as Duke of Luxemburgh; as appears by many Admissions of Tenants, and Sur­veys, particularly those of 1563, 1597, and 1624.

Breach as to Char­lemont.

By the Treaty of Peace his Ca­tholick Majesty was to have his Election, to yield up to the most Christian King the Town of Char­lemont, or in lieu thereof, to procure Di­naut to be yielded to him, with the con­sent of the Prince of Leige, the Emperour and the Empire, within a year from the Ra­tification of the Peace between the Empe­rour and his most Christian Majesty: The Catholick King having determin'd his E­lection by choosing the Cession of Dinaut, The Ministers of France without any scru­ple publickly us'd all the means in their power to deprive his Catholick Majesty of the Effect of his Choice; And, two Months before the year was expir'd, imploy'd open Force to possess themselves of Charlemont: The year was to begin from the Ratifica­tion of the Treaty between the Emperour and France, (being the twenty eighth of A­pril, 1679. the day the Ratifications were exchang'd) and to end the same day in the year 1680. But the French were so im­patiently eager to be Masters of that Town, [Page 23]that two Months before, they drew down many Forces to the Frontier, and declar'd to the Governour of the Spanish Nether­lands, that if that Town were not Eva­cuated in February 1680, they would right themselves by Arms: Pretending it suffi­cient, the Ratification of the Peace by the most Christian King was Dated in Februa­ry 1679, though the Ratification by the Emperour, and the Exchange was made after.

This proceeding was more unjust, as con­trary to the Nature of Treaties, which is grounded on the mutual consent of Parties: Which the Ministers of France thought so necessary in regard of the Ratification of the Treaty with Spain, that the delay of it by his Catholick Majesty for a time a­greed on for that purpose, serv'd them for a pretence to force his Majesties Subjects to pay them Contributions two Months be­yond the term agreed on.

And though their pretences were wide from the purpose, it being evident that the time for demanding the Cession of Dinaut was not to begin till the Ratification of the Peace by the Emperour, without which the Instances of his Catholick Majesty in the Empire could not be effectual; yet the Representations made on this Subject by the [Page 24] Spanish Embassador, and those of England and Holland, were altogether vain; And his Catholick Majesty was obliged to com­ply with them, to prevent the Oppression of his Country by their Troops; which, in default of compliance with their pleasure, had order to fall into his Majesties Coun­tries four several ways.

More Contra­ventions in Luxemburgh and Namur.

They were no sooner in pos­session of Charlemont, but they made themselves Masters of se­veral Places of Luxemburgh and Namur, as Dependents of that Town, which is but a Fortress or place of Arms, having not any Dependent, nor men­tioned in the Treaty.

Under this pretence Fifty Men under the Command of Count Montbron took the Castle of Agimont, and forc'd the Spa­nish Garrison to quit it; though Agimont be so far from being a Dependent of Char­lemont, that on the contrary Charlemont hath been always a Dependent, and repu­ted part of Agimont, till separated from it by Charles the Fifth: The Protestations a­gainst this proceeding were altogether fruit­less, and his Catholick Majesty conniv'd at the Attempt, to prevent the irruption his Countries were threatned with in case of opposition.

The same time they seiz'd Givet, and after­wards possess'd themselves of above thirty Villages belonging to his Catholick Majesty, pretending them to be Dependents of Agi­mont, though the pretence for the most part be as groundless as that of the Dependence of Agimont on the Fortress of Charlemont: Part of those Villages being of the Dutchy of Luxemburgh; as the Seigniories of Rienne and Viereux les Walraut, the former where­of is held of the Castle of Orchimont, and the other a Seigniory in Chief, indepen­dent of any other place, as appears by the Admissions and Surveys of both; and part of them not only are parcel of that Dutchy, but have been acknowledged such by the Intendant Faultrier, who being ask'd the reason of this Infraction of the Peace, an­swered he very well knew the Articles of it: And that this Village being not above half a League from Givet, and surrounded on all sides with the Lands of Agimont, his most Christian Majesty was at liberty to appropriate to himself the Soveraignty of it, by disinteresting his Catholick Majesty of the Right he had in it. Though in truth such Exchanges and Disinteressments, as the Intendant seemed to intimate, could not be regulated by the will of either of the Crowns: It being expresly provided by [Page 26]the fifteenth and sixteenth Articles of the Treaty, that Commissioners should be ap­pointed on both sides for adjusting them, with directions for clearing such difficulties as might arise on that Subject.

A third part of those Villages belongs to the County of Namur, and depends not of Agimont, but other places of that Pro­vince belonging to his Catholick Majesty: But there is no end of the Dependences they pretend to: In April 1680, the Vil­lages of Spontin, Falmaigne, Pondrosme, So­rinnes, Maismil, St. Blaise, Hargnies, and the two Bourseignes, were seiz'd by the French, as obliged to follow the Fortune of the Seigniory of Polvache in the same County.

Contraventions and Violences a­gainst several Abbies in di­vers Provinces.

In the same Month of April they possess'd themselves of the Abby and Villages of Waulsors, Hastier, and Ermeton, belong­ing to his Catholick Majesty in the same County: They at­tempted the Abby of Moulin, and us'd all sorts of Artifice to induce the Monks in the absence of their Prelat to swear Allegiance to the Crown of France.

Having found at St. Gerrard, a Prior that had the baseness to desire their protection, they seiz'd the Lands of Broigne and St. Gerrard, having sent thither for that pur­pose [Page 27]an Officer with Dragoons in July 1680. The pretence being, that the Monks of the Priory of St. Gerrard had opposed the Union made of that Priory to the Bi­shopwrick of Namur in the last Age: And that the See of Namur being void, they had Right to defend and support those Monks, that the Profits and Revenues of the Bishopwrick might be preserv'd for the use of them they should belong to.

They committed the like attempts against other Abbies in Haynault and Flanders, and refus'd to admit the Abbot of Hannon, no­minated by his Catholick Majesty while the Abby was under his Obedience: They forc'd the Abbot of Aumont to go to the French Court, pretending he was rendred a Dependent of it by the Cession of the Provostship of Maubenge, though his Abby is not of that Provostship, but depends im­mediately of the Court of Mons.

They have treated and continue to treat with rigor the Abby of Dunes transferr'd long since into the City of Bruges, having in ef­fect taken away all its Subsistence, by seiz­ing the Lands it hath under the French Kings Dominion, and giving them to a re­volted Monk, who hath procur'd himself to be made an Abbot in one of the Farms of the said Abby called Bogard: So that the [Page 28]Prelat and Monks of Dunes at Bruges, being thirty in number, having not wherewith to maintain themselves, have for their nourishment been forc'd to sell the Conse­crated Vessels of their Church; and hav­ing now nothing left, are reduc'd to the ut­most extremity, having not been able to prevail for any thing to maintain them in the mean time till Justice be done them, which they have demanded, and are sent to the Conference at Courtray, in order to obtaining it.

Not content herewith, they pretended a Right to take from that Priory all its Ef­fects, and the poor Remains it hath under the Dominion of his Catholick Majesty, and for that purpose seiz'd by way of Re­prizal the Estate of the Abby of St. Peter in Ghent, to the value of six thousand Flo­rins a year.

Contraventions and Attempts in the Woods and Forests of his Catholick Ma­jesty,

Their Attempts in the Woods and Forests of his Catholick Majesty in se­veral Provinces, are no less considerable than destitute of any colour of Reason.

They possess'd themselves of the Woods of Nieppe, Mourma [...], and Oosthulst, which were neither yielded up to them, nor de­pend on any of the Places yielded; and ex­tended [Page 29]their Usurpation (in regard of the Woods of Oosthulst) into the Territory of Merckem which is within the Freedom of Bruges.

Their pretended protection of the Estate of the Monastery of St. Gerrard before men­tioned, hath suffic'd to intitle them, not only to dispose of the Estate of that Mo­nastery, but to Usurp his Catholick Ma­jesties Forests bordering on the County of Namur, particularly Biert, Marlaigne, and Foix, having hindred the Serjeants to make distresse there, carried them Prisoners to St. Gerrard, and obliged them by all sorts of Menaces to swear Fealty to them, and to discover what was done in those Woods for his Catholick Majesty.

When complaint was made of the in­justice of this proceeding, the Intendent Faultrier answered, if those Woods be­long'd to his Catholick Majesty he should have them; and that the matter should be regulated in the Conference at Court­ray.

And his Subjects.

They have taken the same liber­ty as to the Woods of his Subjects, having caused those of the County of Beaumont to be cut down for the For­tifications of Maubenge, without consent of the Owners.

The Tolls and Customs of his Catho­lick Majesty are not exempt from the Vio­lences of the French, who in the Territo­ries subject to their Dominion, have at their pleasure erected Offices for gather­ing them in the very sight of his Majesties Towns: And when the like was endea­vour'd to have been done on his Majesties part at St. Antony's, about three quarters of a League from Tournay, they not only hin­dred it by force, pretending it too near the City of Tournay, but possess'd themselves of the Village where the Office was in­tended to have been set up.

Nor will they permit that their Subjects shall pay any Duty for Importation or Expor­tation of Goods they carry through the Spanish Dominions, from one Town under their Obedience to another: Because it is said in the sixteenth Article of the Treaty, that if Difference arise about any Lands belonging to either Crown, surrounded by those belonging to the other, no Office may be erected on either side, to perplex and render more difficult the Communication of Places under the same Obedience: And on this ground they have hindered the Esta­blishment of Offices in several places where there are not any Enclaves or Lands sur­rounded as aforesaid.

The French Subjects need no more than the Countenance and Assistance of an In­terstant to defraud (without fear of Punish­ment) His Catholick Majesty of these and other Rights in his Countries, where this Establishment is not contradicted, and to be discharg'd of the Forfeitures and Con­fiscations they have incurr'd, and the Com­positions they have agreed to.

This hath been made appear on several occasions, particularly in December 1680, in the Dutchy of Luxembourgh, when a Merchant of Marville, who would have convey'd severel Stuffs from Luxembourgh into France, without bringing them to the Staple, without Entring their Quantity or Quality, and without paying the Duties of Importation or Exportation, or that of Safe-Conduct, which is generally due for whatever goes out of Luxembourgh; and had Treated with the Officers of his Ca­tholick Majesty to pay fourscore Patacoons to discharge himself from the Penalties in­curr'd. He no sooner address'd himself to the Intendant of Metz, under pretence of a Priviledge granted those of Marville by Arch-Duke Albert, to bring thither their Merchandises in their passage through his Dominions, without paying any Duties; but the Intendant declar'd his pleasure the [Page 32]Merchant should be absolutely discharg'd; otherwise, that Right should be done [...]m by way of Reprizal, which he gave the Governour of Thionville order to make up­on the Inhabitants of Luxembourgh: So that to stop his course, the Officers of Spain were forc'd to restore to the Merchant the four-score Patacoons, pay him his Costs of Suit, and to give him two hundred and four-score Crowns Dammages: Though the Priviledge granted the Inhabitants of Mar­ville, when under the Obedience of Arch-Duke Albert could not take place after it had past into the subjection of France; and that it was declar'd before, it extended not to the said Duty of Safe-Conduct, and consequently cannot warrant the Contra­ventions against his Catholick Majesties Placarts.

By prohibiting them to Alien their Estates without Li­cence.

They have not only ill us'd the Subjects of his Catholick Majesty, and particularly the Nobility, but have taken their Measures to take from them the Liberty of Alienating the Lands they have under the Dominion of France: For under pretence there was here­tofore an Order that the French must pur­chase Licence to sell their Lands in any part of the Low-Countries, particularly in [Page 33] Artois and Cambresy; they made a general Ordinance the fifth of December 1679. Pro­hibiting the Subjects of his Catholick Ma­jesty to Alien their Estates, in any part of the French Dominions, to the use either of French or Strangers, without Licence from the most Christian King; contrary to what was agreed by the Treaty of Peace, That every one should be restored to the full property and enjoyment of his Estate, which consists principally in the liberty to dispose as one thinks best of his own.

By drowning their grounds.

In the time of full Peace they damm'd up the Waters at Con­de, and afterwards opening the Sluces laid under Water all the Lands of Bernissart, the Meadows and greatest part of the Lands of Harchies, Preau, Tiuvette, Hensy, Neufville, Sarty, and a great part of Pommerevil, all under the Dominion of his Catholick Majesty: This done, Bonnier is a mea­sure of Land some­what above the French Acre or Arpent. they laid a Tax of fifty Florins on every Bonnier of Land and Meadow under Water, for redeeming the In­undation, and threatned the Proprietors to seize upon the Meadows, and Unite them to the Crown of France, in default of payment of the Tax: And several not submitting to this Oppression, [Page 34]they caus'd those Meadows to be Mow'd in July and October 1680, and let them out to Farm to the use of his most Chri­stian Majesty for the Term of seven years.

This Violent and Notorious Usurpation upon the Soveraignty of his Catholick Ma­jesty is the more surprizing, for that the French pretend to a Right to oblige the Go­vernors of his Majesties Places in the Ne­therlands, by way of Reprizal, to open their Sluces, when their Subjects suffer the least inconvenience by the stopping them.

They made the Sluces of Newport be o­pen'd at the first demand, for the benefit of the Meadows of Furnes: And during the Peace of Aix la Chappelle, they made use of a pretence of some Dammage re­ceiv'd in their Lands by the Inhabitants of Bernissart, by the stopping of the Waters of Conde, to seize upon the Effects of se­veral of the Nobility, and other Subjects of his Catholick Majesty, and disinterested the said Inhabitants from any Concern in the Affair, taking the matter wholly upon them­selves: And though in the year 1680, the Waters of Courtray were let down at their request beyond the usual marks, so that his Catholick Majesties Customary Mill, where his Tenants in those Parts were obliged to bring their Grists, could not Grind of a long [Page 35]time, only that they might be furnished with the Water they said they wanted, for working more easily in some Foundations of the Fortifications of Menin.

Not satisfied with this, they would have made the Governour of Coutray responsa­ble for the inconveniences they suffer'd by the Rains; and on another occasion sent him word, that if he did not let down the Waters to a greater height than they were at, they would send Forces into the Castle­wick of Courtray to Quarter at discretion, and that Count Montbron had received Or­ders to that purpose: So that the Go­vernour of Courtray was obliged to desire the French to send some Persons to Court­ray to inform themselves of the Truth, and be convinc'd upon sight that they had done all in their power to pleasure them, that he might prevent the Reprizal they were going to put in Execution, and where­of they make use every moment, even in private Affairs.

By stopping the course of Justice.

For, for a Sentence pronounc'd in the Court of Mons, against a Person the Intendant Faultrier pretended to belong to the Domi­nion of France, they seiz'd Goods of the Spanish Subjects amounting to above a hun­dred times the value of the Sum in Question.

The Burgomaster and Sheriff of Zenecon were imprisoned for having exacted a La­bourer in the Land of Agimont.

If a Robbery or any disorder be commit­ted in their Country, 'tis enough if they can suspect it hath been done by the Sub­jects or Souldiers of the Neighbouring Spa­nish Garrisons; this serves them for ground sufficient not only to demand Justice, but to do themselves the Right they pretend to, by way of Reprizal; as they did in Lux­embourgh and Flanders in December 1680, so that the States of those Provinces were ob­liged to charge themselves with Restitution of what the French said had been taken from them.

Contraventions and Violences on the account of Palisades at Bovignes.

If they apprehend any For­tification of Places belonging to his Catholick Majesty, or have not a mind they should go on, they proclaim Repri­zal beforehand, as was done the beginning of the year 1681. When being alarm'd at the News of some Palisades made at Bo­vignes by a company of Souldiers Quar­ter'd there, they sent to Brussells the French Lieutenant of Tournay, to declare to the Governour of the Netherlands, that having Forces in Dinaut they would not permit Bovignes, being so near it, to be Fortified, [Page 37]and that if they ceas'd not Forifying on this warning, they would imploy Force to stop them. And though they were made sen­sible that Fortification was nothing, and that they might be convinc'd by a sight of it on the place, they were not satisfied, but disposed of their Troops in readiness to en­ter his Catholick Majesties Countries, and forc'd the Governour to take away the Palisade: Though in the mean time they Fortifie where they please, have rais'd a regular Fortification at Menin near Court­ray, and cannot pretend the Town of Di­naut to be theirs, but the Bishops of Liege, to whom they are obliged to restore it, and have by the Cardinal of Bouillon solicited the Chapter of that Bishoprick not to con­sent it should be exchang'd and separated from their Church, that by this means they may have the Town of Charlemont, and retain Dinaut also, the better to block up the Town and Province of Namur.

The constant success they have in these Attempts and Violences, and the inability of the Spanish Netherlands to oppose them, makes them look upon the whole Coun­try as a place invested by their Arms, to be harrass'd on all sides, that it may at last wholly fall under their Power.

New Violences in Namur, by tak­ing the Towns and Places of his Catholick Majesty

'Twas not on any other ac­count, that the seventeenth of May 1681. they prohibited the Inhabitants of Arbre and Lesues belonging to his Ca­tholick Majesty, as part of the Baylywick of Bovignes in the County of Na­mur, to pay his Majesty any more Taxes, upon pain of being chastis'd as disobedient to the Orders of the most Christian King: And that on the twenty sixth of June 1681, they granted to him that gave most, the Great and Small Tithes of the Village of Bioulx and the Neighbouring Places be­tween the Sambre and the Meuse.

In July 1681, they possess'd themselves of the Villages of Biesmes, Gerpinnes, Vil­lers-la-posterie, Acos, Ioncret, a la Stache, Orez, Gougnies, Bois, de Sart-Villers, Rom­ree, and Furnau, Dependents of the Bay­liage of Bovignes, and forc'd the Mayors and Inhabitants of the said Villages to come to Biesmes, and there swear Alle­giance to the most Christian King: They seiz'd also the Bayliage of Anthee between the Sambre and the Meuse, with all its De­pendences, and possess'd themselves of them, particularly Morville, Fontaine, Meanvoye, Sierville, Flavions, Rosee, Kestrevins, Metz, Wespins, Melins, River, Somer, Ontraye, [Page 39]Wellien, and other places, all unquestiona­bly belonging to his Catholick Majesty as Earl of Namur. They extended their U­surpation over the Forest of Marlaigne, which is part of his Catholick Majesties Demaines, over six hundred Bonniers more, and forbad all the Chapmen of the Fellet­tes to fall any of the Woods sold them, or to make any use of them, without pay­ing their Commissary for them.

In Hainalt.

They continued their Violences in the Province of Hainalt, where the fifth of April 1681. they possess'd them­selves of the Villages of Vaux, Fontenoy, Veron, Maubray, Bras-maisme, and Bourgeon, though unquestionably belonging to his Catholick Majesty, as part of the Castle­wick of Aeth, as was agreed by the Pro­curators and Commissioners of both Crowns at the Conference at Lille, in Execution of the Treaty of Aix la Chappelle, where it was Decreed by consent, That these Vil­lages should continue in the List Exhibited by the Procurator of the most Christian King, who enjoy'd them on that account, till by the Treaty of Nimmighen he was ingag'd to restore them to his Catholick Majesty, in pursuance whereof, he caused them to be Evacuated with the rest of that Castle­wick, that his Catholick Majesty might [Page 40]have free Possession of them, wherein he continued till the said fifth of April 1681.

New and horrible Violences in taking all the Towns in the Territory of Lux­emburgh, except the Provostship of the City.

Their Principal Designs have always been against the Province of Luxemburgh, for its great extent as well on their side as on the side of the Empire, and the Nether­lands, to the Province of Na­mur; and their Exhorbitances to bring it under their power, have been greater than the Disorders and Enormities committed in other Places.

For, under pretence that the County of Verton had some Ages past been holden of the Bishop of Verdun, and that the Counts had done Homage, and other Ser­vices, to the Bishop for that County; the French (without Colour of Jurisdiction) in the Name of the pretended Lord of that place, caus'd his Catholick Majesty (in the Person of one of his Officers) to be Sum­mon'd to appear in their Chamber of Re­union Established at Metz, to do his Ser­vice due for the County of Verton, upon pain of Forfeiture: Which pain they not only Decreed, but would have Executed by Force of Arms in the Territories of his Catholick Majesty: Having sent the thirteenth of March 1681, the Count De [Page 41]Bussy with a Troop of Horse and Dra­goons into the Dutchy of Luxemburgh, where he presented himself at the Gate of Verton, and Summond him who Com­manded there for his Catholick Majesty to quit the place with his Garrison. The Com­mander declaring he could not do it with­out Order from the Governour of the Pro­vince, the Count De Bussy with about two thousand five hundred Horse Quartered in the same Province, and continued there till thet wenty fourth of April following, having in that time committed several Acts of Hosti­lity, by the Spoil and Ruine of the Estates and Effects of his Catholick Majesties Sub­jects, by taking away their Cattel and o­ther Moveables, and imprisoning their Per­sons, and putting them to the Ransom, with­out desisting his violent Enterprizes till his Catholick Majesty had ordered his Gar­rison to be drawn out of Verton.

And though this was done the eighteenth of April 1681, the Count De Bussy, not sa­tisfied therewith, continued his Violences, till the Spaniards Evacuated St. Mard, though a Dependent of another Provostship.

The same Count possess'd himself of the Seigniories and Castles of Tour la Val, Gome­riers, and Mont Quintin, having sent to­wards this last place a Company of Grana­deers [Page 42]to drive out the Spanish Garrison thence, and damnified the Province by his Spoils and Oppressions to the value of a hun­dred and fifty thousand Crowns.

They seiz'd also the Provostship of Or­chimont, and several Lordships included in it, and Neighbouring to it: And forc'd the Officers both of State and Justice, the Law­yers and other Inhabitants, to swear Alle­giance to the most Christian King, and for­bad them to pay any Aids or Taxes to the States of Luxemburgh.

They possess'd themselves also of the Castles of Rochfort and Beaurain, where they have plac'd a Garrison, though these Places are part of the Dominions of his Catholick Majesty in Right of his Dutchy of Luxemburgh, to which they have be­longed several Ages.

And that they might seize the Terri­tory of the County of Chiny, and so open a way to invade the rest of that Province, they have search'd out a pretence of Tenure, that Homage ought to be paid to his most Christian Majesty for that County: Which in truth is part of the Ancient Demeans of his Catholick Majesty as Duke of Lux­emburgh, and hath been many Ages in the Possession of his Majesty and his Predecessors independent of any other Power.

True it is, the Dukes of Lorain pretend­ed a Right to have Homage done them, as Dukes of Barr, for a Moiety of that County; and several Conferences were had on that Subject toward the end of the last Age, and the beginning of this, betwixt the Deputies of Arch-Duke Albertus, and those of the Duke of Lorrain and Barr: But 'tis as true, and appears by the Trea­ty had in pursuance of those Conferen­ces, That it was agreed, the County of Chiny should be absolutely exempted from the Fealty and Homage pretended to for it by the Duke of Lorrain and Barr, who granted to the said Arch-Duke and his Suc­cessors all the Right he had or could have to it, in consideration of a Release the Arch-Duke made to him of the Services due for some places of the Dukedom of Barr.

Notwithstanding this, the French Sum­mon'd, (at a House of an Officer of the said County) the pretended Count of Chiny to appear in the said Chamber of Reunion at Metz, (which hath not any Authority or Jurisdiction in the Case) to do Homage to his most Christian Majesty, as being in Possession of the Dukedom of Barr without any Grant.

And though this Summons and Pro­ceedings thereupon have been Vacuated by [Page 44]the Councils of his Catholick Majesty, as Judges of the Territory, the French have not ceas'd to pursue their Point. And the better to gain it, in a place where could be no contradiction, the most Christian Kings Attorney made use of those Evidences on­ly which had been exhibited in the said Conferences on the part of the Duke of Lorrain and Barr, without mentioning the Evidences Exhibitied on the part of Arch-Duke Albertus, nor the Treaty concluded.

Pursuant hereto the said Chamber of Metz upon a pretended default gave Judgment the twenty first of April 1681, whereby the pretended Count of Chiny was con­demn'd to hold the said County of the Dukedom of Barr, and to do Homage for its Appurtenances, Dependences, and places annext to it, upon pain of Forfeiture to be incurr'd within a Month, without further Order.

This Judgment was sent into almost eve­ry place of the said Province, though al­together independent of Chiny; and Prohi­bition added in the Name of his most Chri­stian Majesty, that no Money should, with­out express Order from him, and the ap­pointment of the Officers of the Generalship of Metz, be rais'd or impos'd on the Inhabi­tants of those Places; nor any Quarter or [Page 45]Subsistence allowed there for any Officers or Souldiers of any Nation whatever, with­out like Order and Appointment, on pain of a thousand Livers.

And as these strange Orders, (being ab­solutely null by the Makers want of Juris­diction and Authority within the Territory and Dominions of his Catholick Majesty) could not be obey'd there; the count De Bussy entred again into the Province of Luxemburgh the tenth of July 1681. with a Body of Horse and Dragoons, and caus'd the Commander of Chiny for his Catholick Majesty to be Summoned to draw his Gar­rison out of Chiny, and leave the place to the French, adding Threats in case of refu­sal. The Commander Answering, his Du­ty permitted him not to comply with the Summons, the Count De Bussy first Quar­tered his Troops in the County of his Ca­tholick Majesty about Chiny, and afterwards at Neuf-Chasteau in the Country of St. Hu­bert, Mirwart, Marche, Durbuy, and o­ther Places, having not only forc'd the In­habitants to receive the said Troops, but obliged some of them to swear Allegiance to the most Christian King: Afterwards he went with the same Troops to Orthevil­le, Asnonlez, Bastoigne, Martelange, Ell, and then to Mersch, having posted himself [Page 46]between Mersch and Lintgen, till the thir­teenth of August.

Yet the Ministers of France thought this a Proceeding not brisk enough, and there­fore the sooner to attain their end, sent an Envoy to Brussels to signifie to his High­ness the Prince of Parma, Governour of the Netherlands, that if within eight days he caus'd not the Spanish Garrisons to be all drawn out of the County of Chiny, and all its Dependences, they would make a fur­ther Irruption into the Lands of his Catho­lick Majesty in Flanders and Hainalt, with two Bodies of Horse, Commanded by Count Montbron and the Chevalier de Sourdis, whom they had order'd to March for that purpose to the Frontiers of both Provin­ces.

So that to prevent the total overthrow of his Catholick Majesties Interest in the Netherlands, the Spanish Garrisons were drawn out of Chiny and all its Dependen­ces.

Yet all this would not satisfie them; but to compass their Design of making themselves Masters of other places in Lux­emburgh, as Dependents of Chiny, (though in truth they were not, nor had their Cham­ber of Reunion Decreed any thing in that point) they let his Highness know further, [Page 47]the two Bodies of Horse above-mentioned should fall into his Catholick Majesties Country, unless he would Evacuate all those places the Count de Bussy should name to be Dependents of Chiny, having order'd the said Troops to forrage in the interim in Flanders and Hainalt upon the Lands be­longing to his Catholick Majesty, into which they caus'd their forragers to enter, and forc'd the Subjects (to prevent their Ruine) to carry to the French Camp the Forrage they demanded, being double the quantity they needed, and to pay in the Country subject to France the Subsistance of those Troops.

To these Violences they added the Usur­pation of his Catholick Majesties Soveraign­ty over his Subjects, prohibiting them by Proclamation to carry their Effects into his Majesties Wall'd Towns, on pain of Confis­cation, which they Executed in some pla­ces.

Besides all this, they forc'd the Spanish Sub­jects to make Presents to the Commanders of these Troops for their Oppression and In­juries, as the Effects of the Amity and fair Correspondence they had promised to ob­serve by the Treaty of Peace: So that (to put a stop to those Violences) they had de­livered up to them (besides Chiny and its [Page 48]Dependences) all the Towns, Lordships, and Countries of the Dutchy of Luxemburgh, demanded by the Count de Bussy, except the City of Luxemburgh and the Provostship thereof, with some Lordships included: Whereby they have not only extended their Power over a large quantity of Ground, containing above a thousand Towns, Bur­roughs and Villages, but also opened the way for subduing Luxemburgh, especially by con­tinuing the measures they have taken to stop the Importation of Necessaries for its sub­sistence.

All which is directly contrary to the Treaty of Peace, (whereby to prevent all occasions of proceeding by force) it is a­greed by the fifteenth Article that Commssio­ners should be sent to Courtray, to put an a­micable end to all differences that should a­rise about Execution of the Treaty.

Their refusing to treat of any bu­siness at the Con­ference.

But they have made it evi­dently appear they intended no such matter, nor sent their Deputies to Courtray for any other end, than meerly to make a show, and amuse the Neighbouring Prin­ces and States, without any the least ef­fectual satisfaction.

Difficulty rais'd about the Title of Duke of Bur­gundy.

For the Commissioners of the two Crowns having met in December 1679, the French rais'd a Preliminary difficulty about the Title of Duke of Burgundy inserted in the Commission from his Catholick Majesty; pretending that Dukedome had been granted to the most Christian King, by the Treaty of Crepy.

And though there be not any ground for the Objection, but on the contrary, the said Treaty mentions not any, otherwise than Conditionally and Alternatively: That the Netherlands should be granted, with a Renunciation of the Dutchy of Burgun­dy, to Prince Charles, younger Son of Fran­cis the First; in case he should Marry the Daughter of Charles the Fifth: Or that the Dutchy of Milan should be granted to that Prince if he Married the Daughter of Ferdinand King of the Romans, at the E­lection of the Emperour: That the Empe­rour determined his Election by the Mar­riage of his Daughter with Ferdinand; that the intended Marriage of the said younger Son of France was prevented by his sudden Death, and consequently, the condition of the Grant was not fiulfill'd, in which case the Title and pretension to the Dutchy of Burgundy was expresly re­serv'd, [Page 50]in that as in all following Treaties that relate to it: Besides it was made ap­pear, the discussion of this point was out of the Power of the Commissioners, which was limited to the Execution of the Trea­ty of Nimmighen which mentions it not: And that there was so much the less reason to raise this Objection in a place where they were obliged to disallow and oppose it, for that this Title belongs to his Catholick Majesty by Birth right: That since the U­nion of the House of Austria with that of Burgundy, all the Princes of both Branches, (as well that of Spain as Germany) have us'd it, and use it to this day: That with the full privity, and without any contradicti­on of France, it hath been constantly inserted in all the Treaties made since that of Crepy, for an Age and a half; that it is found in the Powers granted for the present Treaty of Peace, the Execution whereof is the sole matter in question; as also in the Rati­fication of the Articles, and the Proxy for the Espousals given by his Catholick Ma­jesty to the most Christian King, who ac­cepted it without scruple, and by vertue of it substituted the Prince of Conty in that Affair.

Notwithstanding all this, they persisted in their Demand, and the third of May, [Page 51]1680. caus'd it to be declar'd to the Spanish Commissioners, that if they did not procure themselves another Commission to the sa­tisfaction of the French, within the Term limited for that purpose, the most Chri­stian King would order his Commissioners to retire from the Conference, and possess himself of all the places he should judge ought to belong to him by vertue of the Treaty.

And though this difficulty ceas'd since September 1680. and that the Commis­sioners of France the fifteenth of that Month dclar'd they were satisfied with the Powers Communicated to them that day; and that they were content to enter upon the busi­ness; yet they sought out several preten­ces to delay the Affair for several Months. And when they could not find any more; but expressed themselves satisfied with the Reasons of the Spaniards; 'twas but in ap­pearance and meerly to amuse them, for they continued to decide all by the way of Arms, eluding all instances made to the contrary.

And when the Commissioners of his Ca­tholick Majesty desired to Treat at Court­ray of the Affairs of Luxemburgh; the Commissioners of France declared openly, they had not any Commission or power [Page 52]to Treat of them there, and that they con­cerned the Execution of the Treaty of Mun­ster, and not that of Nimmighen; though they very well knew, neither his Catholick Majesty, nor any on his behalf intervened in the Treaty of Munster, nor in that of Nimmighen, as relating to that of Munster; the one and the other having been made seperately between the Plenipotentiaries of the Emperour and the most Christian King.

And as to the restoring his Catholick Ma­jesty to the Possession of the Places and Countries Usurp'd from him by Force since the Publishing of the Peace; the French have been so far from doing his Majesty Right, that they have incessantly acted new Violences and Injuries, and formed other pretensions at the Conference, not only destitute of Ground, but any appearance of Reason: Insomuch, that they insisted the most Christian King had Right over the Towns and Countries of Alost, Niuoue, Gramont, and abundance of other Places, to the very Lands of the States of the U­nited Provinces: And demanded an Equi­valent for them from his Catholick Majesty, pretending that by the taking of Ghent, their Arms had given them Right of Entry into those Countries; and that they had had [Page 53]some kind of Possession of them. Whereas in truth they are open places, and have so continued during the War: So that France could not on that account gain any right to them, nor hinder his Catholick Majesty from accesse to them, and consequently from preserving his Right and Possession as he hath done. And that the most Christian King, after the taking of Ghent, pretended not to them but as Dependences of that City, which he is particularly and expresly obliged to restore to his Catholick Ma­jesty.

Besides, after the Publication of the Peace, the French were Quartered in those Coun­tries, as Places belonging to his Catholick Majesty, to Force Spain to pay the Residue of the Contributions as pretended to by France: And when they were paid as is mentioned before, the most Christian King drew his Forces out of those Places at the time he Evacuated Ghent, that his Catho­lick Majesty might be left in the peaceable Possession of them.

Add hereto, that these Places are essential Parts of the Barriere, for which the most Christian King hath obliged himself to rest satisfied with the Cession of certain Places agreed to be given him in exchange. And that in the List of Places named in the [Page 54]Treaty to be given in exchange of the Bar­riere, the Places we speak of are not com­priz'd: And that after the Enumeration of Places to remain in the Possession of either Crown, or to be restor'd to them, an Ar­ticle was added by way of enlargement, that all Towns, Place, Postes, &c. should be restored, that had been or should be pos­sess'd by either Party till the Publication of the Peace, as appears by the seventh Article of the Treaty.

More Contraven­tions and Violen­ces in Namur and Haynault.

After all this they gave us to understand they were not minded to stop there; for they renewed their Usurpa­tions in the Provinces of Hay­nault and Namur with as much or more Violence than formerly: For in October 1681, they compelled the Commonality of Long-Pret and Beutonville, two Villages near Beaumont in Haynault, to swear Al­legiance to the most Christian King: And sent Orders to the same purpose to those of Profonde-ville, Wepion, Aveloy, and Thy­le-Chasteau, in the Province of Namur; and having posted themselves at Wepion adjoyning close and contiguous to the Ci­ty of Luxemburgh, they stopt the Impor­tation of any Grain into it by Land or by Water▪ and the fourth of October 1681, [Page 55]seiz'd some Horses Laden with Oats and other Grain, and caus'd the Boats that were going down the Meuse to come a-shore, to be searched whether they had aboard any Grain to be carried to Luxemburgh.

Not content with this, they caused some of the Inhabitants of Wepion to be carried away in November 1681, on pretence those of that Village had not sworn Allegiance to France; and threatned to Plunder and set Fire on the Place if they comply'd not forthwith.

Besides, they caused an Ordinance to be published, Dated the fourth of that Month, prohibiting all Gentlemen and others ha­ving Votes in the Assembly of the States of Namur, and those who were Lords or Inhabitants of any Lands or Villages pre­tended by the French to have submitted to them, to appear any more in the said As­sembly on pain of being proceeded against as disobedient, with further prohibition to the Inhabitants of the Villages between the Sambre and the Meuse, to acknowledg any Soveraign, other than the most Chri­stian King, or to receive any order from Spain, or pay any Rights, Taxes, Aids, or Duties, to any but those deputed by the Intendant of France: With express order to carry Prisoners to Philippe-Ville or Char­lemont, [Page 56]those who should bring any Orders of that Nature from Spain or any place but France, and the Persons Commissioned by it.

To let the World see how unlimited they would make their Attemps, they extended them beyond the Meuse over all the Vil­lages of the Provostship of Poilvache; for though his Catholick Majesty continued in peaceable possession of them to the fif­teenth of November 1681. (Except only the Month of April, 1680.) They possess'd themselves of the Villages of Houx under Polivache, setting up there the Arms of France, and afterwards sent orders to the like Effect to Spontin and Sursinnes, pretending the most Christian King had taken possession of all the said Provostship of Polivache, and gained the Soveraignty over all the Inhabi­tants and the Villages its Dependents.

Pursuant to this pretence, in Ostober and November, 1681, they sent Orders to the Mayors and Inhabitants of the Ban of Leig­non, the Villages of Chaltin, Emptines, Spon­tin, Obey, Halliot, Gaun, Hodemon, Walay, Wauremont, Asies, the Mayoralty of Ren­darche, containing several Villages, Gesues, Corier, Falmaign, and other places depen­dent and under the Jurisdiction of the said Provostship, to force them to swear Alle­giance [Page 57]to France, and to send into Dinaut Oates, Hay, and Straw, for Maintenance of their Horse (which was accordingly done) with Prohibition to the Inhabitants to re­ceive any Orders from his Catholick Ma­jesty, or carry any Money to the Receipt of of his Domaine, on any pretence whate­ver, upon pain of being punished as dis­loyal Subjects: After which they placed Souldiers in the Castles and strong Places of that Provostship to be maintained at the Charge of the Country: Without setting up any pretence for seizing those Places o­ther than the pretended possession of their King, as appears by the following expres­sions contained in every Order relating to this Affair: viz. Though the possession his Majesty is in of the Soveraignty of Poil­vache and the Provostship thereof, may suf­ficiently inform all the Subjects of the Pro­vostship they ought not to acknowledge any Soveraign but his Majesty, &c.

They took the same course with the Mayors and Inhabitants of the Village of Ahin, a Dependent of the Bailiage of Entre meuze and Arche, and with those of the Mayorality of Houx a Dependent of Bovig­nes, and consisting in the Villages of Li­soigne, d' Auvaigne, Purnode, Eurd'haille, Juoix and Godiness, and in the Hamlettes of [Page 85] Lois, Faynoulle, Champall, Venate, Furvoy, Frappeud, Fresne and Talfier, all Situate beyond the Meuse, and unquestionably be­longing to his Catholick Majesty as Count of Namur.

Nor did they think it sufficient to make themselves Masters of the Woods of Biert, Marlaigne, and Foy, but they possessed them­selves also of the Forests of Marly, Bielme, Vieux-fourneau, Halloy, Weillon, Hez, Bru­vieres, and Heronart; for having caused the said Woods and Forests to be fell'd, they sold them in October 1681, to him that bid most for the use of his most Christian Ma­jesty: And the fourth of December follow­ing, compelled the Ranger of the Forests of High and Low Arche (both Dependents of the said Bailiage of Entremeuse and Arche) to appear at Dinnut to swear Allegiance to France.

They pretend also a property in the Woods of Anwez in the same Province, consisting in eight hundred forty six Bon­niers situate beyond the Meuse; and in No­vember 1681, prohibited the Officers of the Woods of that Quarter to come any more to Namur to make any Report concerning those Woods to the Officers of his Catho­lick Majesty, but required them to make their Reports for the future at Dinaut, on [Page 65]pain of being hanged or sent to the Gal­lies.

Other Violences in the Provinces of Lothier, Limburgh, Luxemburgh and Flanders.

They extend their Usur­pations to the Villages of the Dutchy of Lothier or Brabant, having about the end of September 1681, sent orders (which were renew­ed the seventeenth of November the same year) to the Mayor and Inhabitants of Ay­seaux, Le Roux, Abbaye d' Ogines, and their Dependences, being all under the Juris­diction of the said Dutchy, to force them, (as they did,) to swear Allegiance to the most Christian King: Notwithstanding the Remonstrance made to them by the Mar­quisse d'Aysseaux, that these Places were De­pendents of the said Dutchy of Lothier and not of the County of Namur.

They have also left Marks of their Vio­lences in the Counting-House of the Du­ties for Exportation and Importation esta­blished at Honyles Esseneux in the Country of Limbourgh, as well by taking away all the Ancient Controlles of Claude Noell the Con­troller deceased, as by other Attempts and Violences against his Widdow, who fore­seeing their Enterprize withdrew with her Money to Leige.

In the beginning of December 1681. They made the Province of Flanders feel more sharply the smart of their Opressions; for under pretence of some Attempts and Spoils pretended to have been committed in the Country of Luxemburgh by the Troops of his Catholick Majesty (though caus'd by the French,) they invaded the said Pro­vince, and committed more Cruelties than in a time of open War; having Plun­dered and sack'd several Villages in the Country within the Freedom; and in the Castlewick of Courtray, taking away above six hundred Horse, a Multitude of horned Beasts, and carried with them the Bailiffs, Burgomasters and Sheriffs of Harlebeck, Thielt, and Deinse, the Provost of Harle­beck, the Baron of Winghene, several Cu­rates and other Gentlemen of the Country, whom they us'd ill, and imprisoned them at Menin among the common Malefactors, where they indured very great incovenien­ces: the Sieur Voorden Commissioner for France at the Conference of Courtray, ha­ving declared to a Deputy of the said Castle­wick, that the pretension insisted on by France, was to have payment from the Subjects of Spain, of the Sum of sixty thou­sand Florins for Interest and Dammages pretended to have been suffered by them [Page 61]in the Country of Luxemburgh, and of three and thirty thousand Patacoons for the Charges of the Execution above mentio­ned: And that if these Sums were not presently paid, the Marshal d'Humieres would send orders for making more ter­rible Executions, and taking persons of greater Quality than those who were then Prisoners.

To make it appear yet more clearly, that France scruples not any sort of Con­travention against the Treaty of Peace: An Ordinance was issued, dated the twenty seventh of November 1681, whereby they caused all the Lands in Artois, belonging to the Subjects of his Catholick Majesty, to be seiz'd, with prohibition to the Farmers or Receivers to pay thenceforward any thing that should be due to the Proprieters for Arrears or growing Rents till further or­der: In pursuance whereof, they caused all the Lands, Signiories, and other Effects belonging to the Baron of Couriers, Go­vernour of Audenard, to be seiz'd; though by the Treaties of Peace the Subjects of the one King unquestionably may and ought to enjoy peaceably their Estates within the Dominion of the other.

Till then we were ignorant of the cause of these Seizures: But the Ministers of [Page 62] France have since sufficiently explained themselves, having by Order of the most Christian King, caused a general seizure to be made of all the Estates, Lands and Sig­niories of the Subjects of his Catholick Ma­jesty, situate in any Country yielded to France; and having settled Commissioners to receive the Profits and Revenues there­of, and pressed the Receivers to pay them what was already accrewed. Declaring further, that those Estates should continue under seizure till the Ministers of his Catho­lick Majesty at Brussels made Reparation to the Prince d'Isenghien for the vexation he had suffered; though what they call vexation, is but the Sentence and Execu­tion given and awarded by Competent Judges, whom the said Prince petitioned to have Assigned in a Cause wherein he was Plaintiff, and acknowledged their Ju­risdiction from the time of the Action brought to the decision of the Cause, ha­ving Personally, or by his Lady or Agents, constantly solicited the dispatch of the bu­siness, procured the assistance of the Com­missioners who attended the Inquests, tax'd the Costs, and made up the Report of the Proceedings.

It was afterwards observed also, as to the Office at Esseneux spoken of before, that [Page 63]the Ministers of France had no other de­sign but to destroy it, and utterly ruine the Province of Limburgh as well as the rest; for under several feigned preten­ces purposely set on foot, and principally for that the Officer at Esseneux had made the Tradesmen of Leige pay the Duties for Im­portation and Exportation, who, to defraud his Catholick Majesty, pretended them­selves Subjects of France, though their be­ing so would have been so far from exempt­ing them, that it obliged them to pay: Yet on this pretence principally they first threat­ned high, and afterwards Plundered and [...]uined several Villages of Limburgh, which they also pretend to under the false Title of Dependences of the County of Chiny and others.

These Attempts and Violences being endless, they exacted two hundred Mea­sures of Oats from the Bank of Sprimont in the same Province, threatning to Plun­der the Boares if they did not presently de­liver the Oats; and would have obliged the Count d'Esseneux Lord of Sprimont to swear Allegiance to the most Christian King, though that Lordship is notoriously known to be holden of the Dutchy and Soveraignty of Limburgh.

In a word, it clearly appears by all these proceedings, that all hitherto done by France and its Ministers is not to be justified either in form or substance.

For as to form the whole World hath seen, and known they have not acted otherwise than by Force, but have violated the Law of Nations, and broke that Seal of sincerity and truth, affixt so solemnly to the Treaty of Nimmighen, to declare it was intended to be made firm and stable, and to be perpe­tually observed.

As to the substance and ground of the pretensions of France, it hath been made appear, they have not any Foundation of Title, Possession, or Colour of Right: And that on the contrary the Title, Possession, and Right of his Catholick Majesty are so fully justified and so clearly made out, that they are really unquestionable, and not to be contradicted with Reason or Truth: Yet for further satisfaction to the World, as to Luxemburgh and Namur, we have thought fit to deduce more particularly the lawful Right and Possession of his Catholick Ma­jesty, in all the French have possess'd them­selves of in those two Provinces since the Publication of the Peace.

The Castle, Borrough, and Signiory of Ro­demacheren, with twenty Villages its Dependents.

1. FRance began with the Castle and Borrough of Rodenmacheren, of which the French possess'd them­selves the thirtieth of De­cember 1678. and after­wards of twenty Villages [Page 66]in which the Lordship of Rodenmacheren consists; though the said Lordship, Castle, and Borrough be a particular and distinct Signiory in cheif, depending only of the Duke of Luxemburgh, and held imme­diately of his Person, as appears by the admissions of the Tenants and Feoffees there­of; particularly in the years 1302, 1314, 1532, 1562, 1605, and several others: as also by the Gift of the said Signiory made by Maximilian King of the Romans, the fifteenth of November, 1492, to Christopher Marquess of Baden, with condition that he and his Heirs, Lords of the said Signiory, should upon every Descent or Alienation do the Services due for their admission, and hold it in Fee of the Duke of Luxemburgh, of whom the said Signiory is holden of old, with all Royalties, Jurisdictions, Fees, and Rights possessory, as express'd in the Grant: It appears further by the Register of Fires, in the years 1552, 1553, and others: Not­withstanding all which, and that Roden­macheren hath not been granted by any Treaty to the French, yet have they possess'd themselves of it, as aforesaid.

The Castle and Lord­ship of Hesperange, and four Villages.

2. In October 1679, the French seiz'd the Castle of Hespe­range (distant only halfe a League from the City of [Page 67] Luxemburgh) pretending it to be a Depen­dent of Rodenmacheren; and forc'd the In­habitants of Hesperange, and four Villages that make up the Signiory, to swear Feal­ty to the most Christian King; and that they would no longer acknowledge the Duke of Luxemburgh their Soveraign, nor pay him any Aid or Imposition; though by the Surveys of the Lordship of Roden­macheren, it appears clearly, it extends not to Hesperange, nor those four Villages its Dependents: And the Records of admis­sions demonstrate evidently, it is held im­mediately of the Duke of Luxemburgh as a distinct Signiory in Chief, and is as in­dependent as Rodenmacheren it self, as by the Rolls of Admissions in 1532, 1562, 1605.

The Castle and Lordship of Ra­ville with 17 Villages its De­pendents.

3. In January 1680, the French possess'd themselves of the Land and Lordship of Ra­ville, (consisting in seventeen Villages, situate by the River Niedt and thereabouts) as a Dependent of Metz: Whereas in truth the said Land and Signiory hath been al­ways held and reputed parcel of the So­veraignty of Luxemburgh: And the Lords as well as the under-Tenants of Raville have always owned and submitted to the [Page 68]Jurisdiction of the Provincial Council of Luxemburgh, and held immediately of the Duke of Luxemburgh, as appears by the admission of John de Roldenge in the year 1323, by the Earl of Luxemburgh; and by the admissions in the years 1461, 1546, 1548, 1570, 1572, and others: And in the Conference and Partition made the twenty third of September 1615, and the Ratification thereof the twenty fifth of Octo­ber 1615. it was agreed and declared, That the Duke of Luxemburgh should continue in possession and quiet enjoyment of the exercise of all Acts of Soveraignty in the Village of Raville, without impeachment or innovation by those of Metz, in any point whatsoever: And that thenceforth the Lord Bishop of Metz should be for ever debarred from pretending to any Soveraignty or Ju­risdiction whatever in Raville aforesaid: So that not only the Castle but the Signio­ry of Raville, and its Dependences, belong to the Duke of Luxemburgh.

4. The fifth of May 1680. the Count de Bissy presented himself upon the Frontier of the Province of Luxemburgh, with a Body of French Horse and Dragoons, threat­ning an Irruption on the morrow, unless the Souldiers his Catholick Majesty had in the Castles of Russy, Putlange, and Preisch were [Page 69]drawn off in the mean time: The Spa­niards to prevent the Ruine of the Pro­vince, were forc'd to comply, and Eva­cuated the three Castles: This was no sooner done, but the Count de Bissy put French Garrisons in them, and obliged the Province of Luxemburgh to pay the Char­ges the Victuallers of his Troops said they had been at.

The Castle and County of Rus­sy, with eleven Villages its Dependents.

The pretence for these Usur­pations was, that those Castles were Dependents of: Thionville and Rodenmacheren: Though Russy be a County holden in Chief of the Duke of Luxem­burgh, as appears by the Admissions in the years 1270, 1287, 1304, 1563, 1624, and others; and hath been Surveyed by it self, as a County; as appears by the Register of Fires of the Province; and hath been always under the immediate Jurisdiction and ordering of the Governour of the Pro­vince: Besides it is in truth more Ancient then Thionville or Rodemacheren, and was heretofore given by Henry Earl of Lux­emburgh to his Brother Walerand. Not­withstanding this, the French have pos­sess'd themselves of the said Castle and County of Russy, and eleven Villages its De­pendents.

The Castle and Jurisdiction of Putlange, and fifteen Villages

5. As also the Castle of Put­lange, though held in chief of the Duke of Luxemburgh, as by the Records of Admissions in 1551, 1574, and others; and that the Lord of Putlange, with the rest of the Gentlemen and Feoffees of that Coun­try, swore Fealty to Winceslaus Duke of Luxemburgh in the year 1398.

6. The French possess'd themselves also of the Land of Putlange, and fifteen Villages in which it consists; though it is in truth a F [...]nchise of the Provostship of Luxem­burgh, with which it hath been always Tax'd and Assess'd, in all Charges Ordina­ry and Extraordinary, as appears not only by the Registers of Fires in 1552, 1563, 1624, 1656, and 1659, but by the Accounts of the Office of the Provostship, and a Sentence given in the point the last of June 1624.

The Castle and Lordship of Pritsch.

7. The Castle and Lordship of Pritsch is a distinct Fee and Sig­niory, depending immediately, and held of the Duke of Lux­emburgh, as appears by the Admissions in 1562, 1597, 1624, and others; yet the French seiz'd both the Signiory and Castle.

8. They possess'd themselves of the Castle of Agrimont, as a Dependent of Charlemont, which in truth hath not any Dependent, but [Page 71]was Built and Fortified by Charls the Fifth, in the Territory of Agimont: And the Castle of Agimont, the Capital Seat of the Terri­tory, or any Land depending of it, was never by any Treaty granted to France: But the French have also seiz'd the Lord­ships of Riennes and Vireux le Walerand, The Lordships of Vireux le Walerand and Rienne. though parcels of the Dutchy of Luxemburgh; the for­mer held of it as a Signiory in chief, independent of any other place, and the other holden of the Duke, as of his Castle of Orchimont, as appears by the Admissions and Surveys in the years 1598, 1600, and others.

The Lordships of Chastepierre, Riviere, &.

9. Claud Verdavoine Usher of the Cham­ber of Metz, Summon'd the last of Februa­ry 1681, the Deteyners of the Lands and Lordships of the County of Rochefort and Montagn, the Provostship of Orchymont and New Castle, and Lordships of Chastepierre, Riviere, Fontenoilla, S. Cecile, Lesch, Le Mesnil, Cugnon, Les Bertris, Ban d' Orjo, Baillamont, Marpout, Dochamps, Herbumont, Ban de Hutailles, Ban de Musson, and several other Villages, to appear and answer the Articles of the Attorney General of the said Chamber of Metz: Pretending it did appear those Lands and Lordships were De­pendences [Page 72]of the County of Chiny, though in truth not any of them but New Castle be a Dependent of it; and that France had not then set up the least pretension to the County of Chiny: yet in process of time, the French possess'd themselves of those Places.

The Castle and Pro­vostship of Orcy­mont, with 6 Vil­lages and ten Lord­ships.

10. Particularly, having by Force of Arms possess'd themselves of the Castle of Orcymont and its Provost­ship, consisting in twenty one Villages, and also of ten Signiories included within the Limits of the Provostship, they compelled the Justi­ces and Officers of the Provostship and Lordships to swear Fealty to the most Chri­stian King, and prohibited them under grievous Penalties to pay any thing thence­forth to those of Luxemburgh: Though the said Provostship and Lordships have time out of mind been held and reputed parcel of the Dutchy of Luxemburgh, and the Dukes of Luxemburgh have enjoyed all Royal Rights, Jurisdiction and Soveraign­ty over them. And when Orcymont hath been out of the immediate possession of the Duke, the present Owner always did Feal­ty and other Services for it to the Duke, by the Hands of the Governour General of [Page 73]the Province, as appears by the Admissions in 1545, 1598, 1600, 1678, and others: And in 1260. John Lord of Orcymont ac­knowledged he held his Lordship of the Earl of Luxemburgh.

The Castle and County of Roch­fort, with four Villages.

11. The French by Force of Arms possess'd themselves like­wise of the Castle of Rochfort, a place very considerable, and that hath for above four hund­red years acknowledged, as to part, the Duke of Luxemburgh Lord, (as appears by several Admissions, particularly in the years 1283, 1545, 1598, 1599, 1600, 1673, and others) and, as to the residue, the Bishop of Leige, according to agreement with him.

12. Under pretence that Verton holds of the Bishop of Verdun, and ought to pay him relief and other Services, the Chamber of Metz, by Arrest of the 24th. of October, 1680. condemned His Catholick Majesty to receive admission to his Tenancy of Ver­ton from the Church of Verdun, and to ap­pear personally in the said Chamber, to do his Fealty and Homage to the Most Christi­an King: tho it cannot be made appear, that Verton hath at any time within three hun­dred and forty years last past been taken as a Fee of the Bishop of Verdun; but, on the contrary, the Dukes of Luxemburgh have [Page 74]possessed and enjoyed it ever since the year 1340 when John King of Bohemia, then Earl of Luxemburgh, purchased it of the then rightful Lord of it, to hold to the said Earl and his Successors, in all Sovereignty, Jurisdiction, and Demeans; which Pur­chase was made in the face of all the World, and without the least trouble or impeach­ment by any. So that, admitting it true, that Verton above three hundred and forty years since hath been taken of the Bishop of Verdun, as Lord of the Fee; yet what can that be to the purpose, after so many Revo­lutions and Changes since hapned in King­doms, Principalities, and Sovereignties? when nothing can be more clear, than that the Conquest one Sovereign gains over ano­ther in War, must be regulated by inspexi­on of the last Estate of the thing conque­red: that is, The Conquerour cannot other­wise possess his Conquest than in such man­ner and form as it was possess'd by the Dis­seizee at the time of the Disseizin by the Arms of his Enemy. Consequently, it be­ing unquestionably true, that the Empire, when by the Treaty of Munster it granced to France the Sovereignty of the Bishoprick of Verdun, was not seised of any Seigniory over Verton in Right of that Bishoprick; it follows, that the Most Christian King cannot [Page 75]by vertue of that Grant pretend to any such Seigniory.

14. This Rule is grounded on the Right of Arms, and derived from the Law of War, by which it is generally holden, the Conquerour succeeds him that is disposses­sed, and represents him in his Conquests. So that the Grants of Dependences, and Cessions (of things annexed) in Treaties of Peace, are to be understood (by a tacit con­dition in Law) to have relation always to the last Possession of the Dispossessed, tho it be not so expressed in the Treaty.

15. This Maxim is allowed by all to have the force of Common Law, except the Mi­nisters of France, who not only reject the Interpretation and Constructions in Law of such Cessions and Grants, but without scru­ple break express Stipulations.

16. For, by the Latin Original of the Treaty of Munster it is clear, that the Ces­sion of the Sovereignty of the three Bishop­ricks of Metz, Toul, and Verdun, with their Appendences and Dependences, was no otherwise granted to France, Quam sicuti Imperium hactenus pessedit; that is, Than as the Empire hath hitherto possessed it: which is altered in the French Translation of the Treaty, where the Word Hactenus is not rendred Jesques icy, Hitherto; but Cy-de­vant, [Page 76]Heretofore: which gives quite ano­ther sense to the Period.

17. Notwithstanding this, Count Bissy, accompanied with about two thousand Horse, entred the Province, Mar. 13. 1681. and caused the Commander and Inhabitants of Verton to be summoned three times to yield themselves to France; and upon their refusal, he lodg'd his Troopsin the Province, and ruin'd several Villages depending on the Provostship of Verton, St. Mard, d' Arlon, Boulogne, Estalle, and Luxemburgh, and di­vers other Lordships; where he committed many Cruelties and Exactions, having put the Inhabitants to Composition and Ran­som, carried away many Goods, and a great quantity of all sorts of Beasts. Not content with this, he sent several Prisoners into the Towns of France, and declared publickly he would not draw out his Forces before the Evacuation of Verton, but would march with them throughout the Province, con­suming and ruining one Place after another.

The Town, Sub­urbs, and Pro­vostship of Ver­ton, with 17 Villages.

18. So that the Spaniards, forced to comply, evacuated the Town and Suburbs of Ver­ton, which France took posses­sion of, as well as of the Pro­vostship, with seventeen Villages.

19. But notwithstanding this Evacuati­on, Count Bissy would not leave the Pro­vince till St. Mard was likewise evacuated, tho a Provostship different from Verton, and for several Ages under the Jurisdiction and Sovereignty of Luxemburgh, and time out of mind before the Purchase of Verton. The Spaniards submitted also to the Evacu­ation of St. Mard, thinking thereby to pre­vent the total Ruin of the Province, which the French Troops had by their Oppressions, Devastations, and carrying away Men and Beasts, damnified to the Value of One hun­dred and fifty thousand Crowns.

20. Thus France possess'd it self of St. Mard, and sixteen Villages, its Dependents.

The Castles and Lordships de la Tour, Mont-Quintin, La­vaux, Gromme­ry, &c.

21. Not content with this, the French have seised the Seigniories and Castles de la Tour, Mont-Quintin, Lavax, Gommery, Bassail, Ruette, Vil­lers la Loupe, tho Capital Pla­ces, held of the Duke of Luxemburgh, and part of them granted him by a Cession made 15 July, 1602. confirmed 26 March, 1603.

The Town and County of Chi­ny, with 27 Towns, Villages, Hamlets, &c. And the Lorship of Neuf-Cha­steau; consisting in 40 Villages.

22. France staid not here; but the Chamber-Royal esta­blished [Page 78]at Metz, having by an Arrest of 21 April, 1681. condemn'd the pretended Earl of Chiny to appear pesonally in the said Chamber, to do his Fealty and Homage (due for the said Earldom, its Appurtenances, Dependences, Rights, and Places annex'd) and within forty days after to bring in a Sur­very thereof, with Acknowledgment of his Tenure; they would have recorded this Arrest in the Town of Chiny, by Claud Ver­davoire their Usher, had he not been hin­dred by the Commander of the Town, who made him retire.

23. And tho this pretended Arrest be null by the highest of Nullities, the want of Jurisdiction in that Chamber over his Catholick Majesty, who hath the Right and Possession of the Sovereignty of the County of Chiny, with all its Appendences and Dependences, it is besides most unjust, and full of Errors, both in Law, and in Fact.

24. For although the Duke of Luxem­burgh purchased the County of Chiny in the year 1364. and possess'd it ever since in De­mensn, with all Sovereignty and Jurisdicti­on, without doing any Service, or paying any Relief for it to the Duke of Barr, who, on the contrary, by Grant of 15 July, 1602. confirm'd 26 March, 1603. releas'd all Rights and Obligations of Vassalship, direct Seigni­ory, [Page 79]and Feodal Tenure, he had, or could pretend to, or demand, over the said Coun­ty of Chiny, in exchange for the Services and Reliefs due from the said Duke of Barr for several considerable Lands, to wit, the Town and Castlewick of S [...]thenay, the Town and Castlewick of Marville, the Pro­vostship of Arancy, the Ban or Mannor of Marry and Conflans in Gernesey, which the Archdukes Albert and Isabel released to that Duke; yet the Chamber of Metz condem­ned the Lord of the County of Chiny to do in Person his Fealty and Homage, whereof he had been acquitted by solemn Acts, exe­cuted with all Formality requisite: Not to mention that the Duke of Barr pretended to the Seigniory of no more than a moiety of the said County, as appears by the said Grant of 15 July, 1602. and by another of 10 September, 1553.

25. However, the Count de Bissy, the tenth of July, 1681. entred the Province again with a Body of Horse and Dragoons, and caused the Commander of Chiny to be summoned to quit that Place with his Gar­rison, threatning him with ill usage in case of refusal: But the Commander having not thought fit to obey the Summons, Count Bissy staid some days with his Troops about Chiny, and afterwards march'd with them [Page 80]from one end of the province to the other, requiring the Subjects of his Catholick Ma­jesty to receive them, and to swear Fealty and Homage to the most Christian King, which some were forced to do: And ha­ving continued some days at Aye, he march'd with his Troops to Ortevilli, Asnoi lez Ba­stoigne, Martelange, and Elle, and after­wards went on to the further end of the Marshes, and posted himself between Mersch and Luxemburgh till about the end of Au­gust.

26. So that the Spaniards were obliged to evacuate Chiny, to prevent the Ruine of the Province, and of Brabant, Flanders, and Hainalt, threatned by the French, who use in such cases to be too true to their Words, as appears sufficiently by many fresh Instances here before mentioned.

27. But France not satisfied with the Evacuation of Chiny, demanded that the following Places should be evacuated; to wit, Remich, Greven-Macheren, Wasserbillig, Echternach, Vianden, Dickrich, S. Vith, La Roche, Houstalize, Durbuy, Clervaux, Marche, Mirwart, Bastoigne, Arlon, and their De­pendents; to which the Spaniards were forced to submit.

28. Thus France got possession of them, and generally of all the Places, Lands, and [Page 81]Lordships of the Dutchy of Luxemburgh, except the Villages of the Provostship of Luxemburgh, and obliged the Officers and Lawyers to swear Allegiance to the most Christian King, tho the Places, Lands, and Lordships above-mentioned, or any of them, have not any dependence on the County of Chiny, or any other Capital Place belong­ing to France, but have always been part of the Dutchy of Luxemburgh, and for se­veral Ages held of the duke as Sovereign Lord thereof, as will particularly appear by what shall be observed concerning every Place hereafter specified and possessed by France.

29. The Provostship of Luxemburgh is composed of three Jurisdictions; Kuntzig or Clemancy, Putlange, and Bettingen; three Land-Mayories, Bettemburgh, Sand-Weiler, and Kehlen; and three Mayoralties, Stein­sel, Lingtgen, and Schittenigen: consisting together in seventy one Villages and Ham­lets, and thirty five more, called The Vil­lages of the provost. this Provostship is of the Ancient Patrimony of the Earls and Dukes of Luxemburgh, having heretofore belong'd to Sigisfroid first Earl of Luxem­burgh, who having purchased in the year 963. of Wikerus Abbot of St. Maximin at Treves, the Castle of Luxemburgh, in ex­change [Page 82]for an Estate in the village of Tea­len, immediately caused this Town of Lux­emburgh to be built there: And the Earls and Dukes of Luxemburgh have ever since successively enjoy'd the said City and Pro­vostship in Demean, with all Rights of Ju­risdiction and Sovereignty, till Count Bissy possest himself of the said Provostship.

30. Besides, the said Jurisdictions, Land. Mayoralties, Mayoralties, and Villages of the Provostship, have been always survey'd together, and taxed jointly towards all Pub­lick Charges, ordinary and extraordinary, under the name of The provostship of Lux­emburgh, as appears by the Register of Fires in 1552, 1553, 1604, 1656, 1659. Every of them being govern'd by a Sheriff and Assessor, who with the Provost make up the Provost-Court, kept in the City of Luxemburgh, where the Assessors are obli­ged to reside. And it cannot be proved, the said provostship, or any part of it, is a De­pendent of the Lordship of Rodenmacker, (but hath always acknowledged the Earls and Dukes of Luxemburgh its Sovereigns, and is held of them) nor yet of the County of Chiny, nor of any other Capital Place; the County of Chiny having been first pur­chased by Wenceslaus first Duke of Luxem­burgh, in the Year 1364. as hath been al­ready [Page 83]made out; and consequently, above four hundred Years after the Earls of Lux­emburgh were first seised of that Provost­ship, which now is intirely in the possession of France, except only the thirty five Vil­lages and Hamlets of the Provost.

The Borrough, Franchise, and mayoralty of Remich, consi­sting in 20 Vil­lages and Ham­lets.

31. If any Place in the pro­vince may be reputed annex'd to the Town and Provostship of Luxemburgh, the Mayoralty of Remich must certainly be so, having belonged to the first Earls of Luxemburgh; and the Inhabitants are free of City of Luxemburgh, as well as of Remich: And the Court or May­ordom of Remich hath also belonged to the first Earls of Luxemburgh, who, as well as their Successors, the Earls and Dukes of that Place, have always enjoy'd it in De­mesne, and exercised in it all Jurisdiction and Sovereignty; the ninth part of all Wine and Grain within the Mayordom ha­ving been paid his Catholick Majesty, by the Hands of the Receiver of his Demesns in the City of Luxemburgh, who resides there, and receives also the Demesns of the Provostship of Luxemburgh. Walerand and Ermesind, Earl and Countess of Luxemburgh in the Year 1225. assigned to their Daugh­ter Catharin (promised in Marriage to Mat­thew [Page 84]Duke of Lorrain) Three thousand Li­vers Messinois, on the Demesns of Remich, and other Places, which in 1229. were paid the said Duke. Henry the ninth Earl of Luxemburgh, and Son of Walerand and Ermesind, with Margaret his Wife, paid the Cloyster of Clairfontain, near Arlon, Thirty Awms of Wine, to be taken out of their Demesns of Remich and Graven-Mac­keren: By which it appears the Mayordom of Remich is of the ancient Patrimony and Demesns of the Earls and Dukes of Lux­emburgh, who have from time to time cau­sed it to be Assess'd, and to pay towards all Publick Charges, ordinary and extraordi­nary.

The Jurisdiction of Mackeren le Conte, consist­ing in the Town and thirty four Villages and Hamlets.

32. The Jurisdiction of Mackeren le Conte, consisting in the Town of that Name, and four and thirty Villages and Hamlets, lies near adja­cent to the Mayordom of Re­mich, and belonged to the first Earls of Luxemburgh, from whom it came to the Dukes of the same Place, and suc­cessively to his Catholick Majesty in De­mesn, with all Rights of Jurisdiction and Sovereignty. Henry the second of that Name, the ninth Earl of Luxemburgh, ha­ving in the year 1251. assigned to the Mo­nastery [Page 85]of Clairfontain Fifty Measures of Rye, upon his Demesns of Mackeren le Count, as a Foundation for five Prebends in the said Monastery: and in 1270. the said Earl sold the said Monastery Thirty Awms of Wine, to be taken Annually out of his Demesns of Graven-Mackeren and Remich, as was observed before. Besides, in the Year 1252. the Burrough of Mackeren was farm'd out by order of the said Earl Henry, from whom it bears to this day the Name of Mackeren le count, or Earls-Mackeren: The Inhabitants were made Freemen of Luxem­burgh, and afterwards, in 1327. gratified with many other Privileges, by John the Twelfth King of Bohemia, and Wenceslaus his Son, first Duke of of Luxemburgh, who in 1357. granted them a Weekly Market; and lastly, by Wenceslaus the Emperour, se­cond Duke of Luxemburgh, who in 1584. confirm'd all their Privileges.

The Provostship of Echternach, consisting in the Town, and thir­ty three Villages and Hamlets, &c.

33. The Provostship of Ech­ternach, consisting in the Town of that Name, and three and thirty Villages and Ham­lets, divided into the four Mayordoms of Osweiller, Irrel, Erenhen, and Bollendorff, be­long'd to the first Earls of Luxemburgh in Demesn, with full Right of all Jurisdiction [Page 86]and Sovereignty: Which Earls had grant­ed the Greatest part of their said Demesn to the Abbies of St. Willebrod and St. Clair at Echternach, for Pious Uses. Henry the se­cond of that Name, and Mineth Earl of Luxemburgh, the Son of Wallerand de Lim­bourgh, and Ermesinde Countess of Luxem­burgh, assigned in the Year 1240. 700 Livers a Year on his Lands in Echternach and Biedbourgh, in Dower to his Wife Marga­ret de Barr. His Son, Henry the Tenth, Earl of Luxemburgh, in 1277. ratified the Foundation made by Thiry de Kerpen and Margaret his Wife, of an Anniversary in the Abby of Echternach, out of his Rents at Wallendorf. In 1398. the Deputies of the Town of Echternach did Fealty and Ho­mage to the Emperour Wenceslaus, second Duke of Luxemburgh; and the Subjects of that Place have acknowledged his Catho­lick Majesty, and his August Predecessors, Earls and Dukes of Luxemburgh, their So­vereigns, and paid them Aids and Subsidies, as well as other Places of the Province, to this day.

The Town and Provostship of Biedbourgh, consisting in the Franchise of Dusseldorf, and 34 Villages.

34. The Town and provost­ship of Biedbourgh, consisting in the Franchise of Dusseldorf, and four and thirty Villages, having belong'd in Demesn, [Page 87]with full Right of Jurisdiction and Sove­reignty, to Sigisfroid first Earl of Luxem­burgh, and descended from him to other Earls and Dukes of Luxemburgh successive­ly, the Subjects of the Territory have to this day acknowledged his Catholick Ma­jesty their Sovereign, and paid him Aids and Subsidies, with other Subjects of the Province, as formerly, in 1359. Henry Earl of, Luxemburgh, the Son of Walerand Earl of Limbourgh and Ermesinde Countess of Luxemburgh, assigned in the Year 1240. in Dower to Margaret the Daughter of Henry Earl of Barr, his Wife, seven hundred Li­vers a Year, on his Demesns of Biedbourgh and Echternach: And in 1398. the Deputies of Biedbourgh, with the Deputies of other Towns, did Fealty and Homage to the Em­perour Wenceslaus, as Duke of Luxemburgh.

The Town and Provostship of Dickrich, &c.

35. The Sovereignty and Jurisdiction over the Town and provostship of Dickrich, con­sisting in the Town of that name, and five and twenty Villages and Hamlets, hath ever belonged to the Earls and Dukes of Luxemburgh; and so have the Demesns of it: part whereof Walerand Earl of Luxemburgh purchased of Robert d'Esch, in 1221. Besides, the said Provost­ship hath contributed with other Towns of [Page 88]the Province, to the Aids and Subsidies paid his Majesty: And the Town of Dickrich hath lately sent Deputies to the Assembly of the States, as it had formerly done in the year 1400. in the Town of Arlon.

The Town and Provostship of Arlon.

36. The Town and Provost­ship of Arlon, consisting in the Town of that name, and 119 Villages and Hamlets, under fifteen Bannes or Mayoralties, is a Provost­ship of large extent, and comprehends a great part of Ardenne; which having be­long'd to Sigisfroid first Earl of Luxemburgh, came many years after, by marriage, to the Family of Limbourg, and afterwards return­ed, by the like way of Marriage, to the House of Luxemburgh: Since which his Catholick Majesty (as his Royal Predeces­sors) enjoy'd it in Demesn, with full Right and Exercise of Jurisdiction and Sovereign­ty: For clearning whereof, it may not be im­pertinent to give you the following Ac­count.

37. Sigisfroid, the first of Luxemburgh, having, as Successor to the Earls of Arden, had in his possession the Town and Provost­ship of Arlon, enjoy'd it during Life, and at his Death left it to his Son Henry, under the Title of the Earldom of Ardenne. Fre­derick, elder Son of the said Henry, having [Page 89]by Inheritance succeeded in the Earldom of Luxemburgh, left Conrade the Son of his Brother Gisilbert his Successor, to whom the said Town and Provostship of Arlon descended, by the name of the Earldom of Ardenne. Conrade had Issue Wallerand Earl of Arlon, who first qualified himself in Writing with the Title of Earl of Arson. He married Adela the Daughter of Theo­dore Earl of Barr and Brie, Niece of Frede­rick Duke of Lorrain, who built the Town of Bar. Adela, who had her usual Resi­dence at Arlon, having survived her Hus­band, left Issue by him two Sons, Walerand and Foulk, and a Daughter named Adela. Walerand and Foulk dying without Issue, the County of Arlon fell in possession to their Sister Adela; who having married Henry Earl of Limbourgh, brought him in Marri­age the Earldom of Arlon. The same Hen­ry, afterwards created Duke of Lothier, by Henry the Emperour, about the Year 1101. retained the same Title, tho deprived of it about 1106. and left Walerand, sirnamed The Pagan, his Heir, as well of the Dutchy of Limbourgh, as the Earldom of Arlon, and all his Father had been seised of about Thionville. This Walerand had three Sons, Henry Duke of Limbourgh, Walerand Earl of Arlon, and Gerard. His son Walerand [Page 90]Earl of Arlon, in the Year 1210. gave by Deed to the Abby of Munster near Luxem­burgh, for an Anniversary Obit to be sung on the day of his death, the Church of Kit­tenlwuen, with the Right of Patronage; in which Deed he first took the Title of Mar­quess of Arlon. Walerand the Marquess left (besides other Sons) Walerand second Hus­band if Ermesinde Countess of Luxem­burgh, to whom, in 1214. with consent of his two sons by a former Venter, he gave in Marriage the Marquisate of Arlon, with its appurtenences and dependences, upon con­dition the Issue he should have by that Mar­riage should inherit the said Marquisate, to­gether with the County of Luxemburgh. Accordingly, the said Marquisate of Arlon, together with the Earldom of Luxemburgh and La Roche, fell to Henry eldest son of Walle­rand by Ermesinde; which Henry left it to his Successors, Earls and Dukes of Luxem­burgh. And thereupon the said Marquisate remained annexed to the Dutchy of Luxem­burgh; and the August Successors of the Dukes of that Place have from time to time peaceably enjoy'd the Patrimony and Fees depending thereon, and exercised therein all Acts of Jurisdiction and Sovereignty, 150 Years before the Purchase of the County of Chiny in 1364. by Wenceslaus the first Duke of Luxemburgh.

The Town and Provostship of Bastoigne.

38. The Town, Mayoralty, and Provostship of Bastoigne, consisting in the Town of that name, and one hundred forty five Villages and Hamlets, under ten May­ordoms, hath ever since the Year 963. be­longed to the first Earls of Luxemburgh in Demesn, with full Right of Jurisdiction and Sovereignty, as comprehended under the Title of the Earldom of Ardenne. Wa­lerand and Ermesinde, Earl and Countess of Luxemburgh, having by Deed, in 1225. as­signed to their daughter Catharin (who had been promis'd in Marriage to Matthew Duke of Lorrain) three thousand Livers Messinois, upon their Demesn of Bastoigne, (except the Town) and upon their Courts of Remich and Anliers, which were accord­ingly paid the said Matthew of Lorrain in 1229. Since which time, the Town and Provostship of Bastoigne hath been reputed a Member of the County and Dutchy of Luxemburgh, and the Earls and Dukes thereof have enjoy'd it, with all Sovereign­ty and Jurisdiction, to this day.

The Town and Provostship of March, &c.

39. The Town, Mayoralty, and Provostship of March; con­sisting in the Town of that name, and nineteen Villages and Hamlets, hath many Ages belong'd to [Page 92]the Earls and Dukes of Luxemburgh in De­mesn, with full Right of Sovereignty and Jurisdiction. Henry the second of that name, Earl of Luxemburgh, the Son of Er­mesinde, gave it in the Year 1247. to his Brother Gerard, in full of all demands of Inheritance in Right of his Father and Mo­ther. This Provostship was then granted by the name of The Land of Tamenne, above the Castle and Town of Durbuy, with all its Dependences, Villance, the Land of Da­lem, and Filstorff, upon condition expressed in the Grant, That Gerrard should hold the said Lands in Fee of the Earl of Luxemburgh. The said Lands of Tamenne, Durbuy, and Vallence were in the Year 1304. reunited to the County of Luxemburgh, by Count Henry the fourth of that name, Son of Hen­ry the third and Beatrix Daughter of Bald­wyn of Avennes, pursuant to an Agreement made that Year between Gerard Earl of Grandprez, Lord of Houstalize, Son of Henry of Grandprez and Beatrix Daughter of Ge­rard Lord of Durbuy, and the said Henry Earl of Luxemburgh, by the Mediation of his Mother the Countess Dowager of Lux­emburgh, called Beatrix, to whose Arbi­trement the Parties submitted, the Sunday after Christmas, 1303. upon condition ne­vertheless, that the Lordship of Russy where­of [Page 93] Dalem and Filstorff are part) should re­main to the said Gerard of Grandprez, and that Count Henry should pay him an An­nuity of One hundred Livers. The like Agreement was made by Gerrard Lord of Blackenheim and Irmgard his Wife, Daugh­ter also of Gerard Lord of Durbuy, by Deed, in February, 1306. whereby the said Lord of Blackenheim and his Wife have renounced and released all Right they could any way have to the Estate of Gerard Lord of Dur­buy, their Father-in-Law, and Father re­spectively; which Renunciation and Re­lease was ratified in 1314. by John and Ge­rard Sons of the said Gerard of Blackenheim; and afterwards the Earls and Dukes of Lux­emburgh enjoy'd it in Demesn, with full Ju­risdiction and Sovereignty.

The Town and Provostship of Durbuy, &c.

40. The Town and Provost­ship of Durbuy, consisting in the Town of that name, and forty four Villages and Hamlets, di­vided into four Courts, and nineteen Lord­ships of the Soil, Compos'd of two and thirty Villages, have likewise belong'd some Ages to the Earls and Dukes of Luxemburgh in Demesn, with full Right of Jurisdiction and Sovereignty: And his Catholick Maje­sty hath continued in possession of it, as ap­pears by what hath been said before as to the Provostship of Marche.

The County of La Roche, &c.

41. The Earldom of La Roche, consisting in the Castle and Town so called, and one and fifty Villages and Hamlets, divided in­to four Mayordoms, and the Seigniory of Beausaint, is an ancient Patrimony of the Earls and Dukes of Luxemburgh, who as­sumed the Title of Earls de la Roche ever since the year 1214. and enjoy'd the said Castle, Town, and their Dependences, in Demesn, with full Right of Jurisdiction and Sovereignty, till dispossessed of them forci­bly by the French, as aforesaid.

The County of Salm, &c.

42. The County of Salm, consisting in a Castle, Bur­rough, and thirty two Villages and Hamlets is very ancient, having taken its Original from the first Family of the Earls of Luxemburgh: Gislibert the Son of Frederick the second Earl of Luxemburgh ha­ving taken the Title of Earl of Salm, in which Earldom his Son Herman succeeded, who afterwards was chosen Emperour of the Romans, and left the said Earldom to his Son Herman also by name, who had his Son Conrade his Successor; Henry the Son of Conrade succeeded him, and by Deed of 15 May, 1240. declared, That as his Ance­stor the Earl of Salm had done Fealty and Homage to the Noble Man the Earl of Lux­emburgh, [Page 95]he would renew the said Homage, and did for him, and his Heirs and Succes­sors, Earls of Salm, take of Henry Earl of Luxemburgh and La Roche, and Marquess of Arlon, (which Henry, being the second of that name, was the ninth Earl of Luxem­burgh) the Castle and Castlewick of Salm, with all their Appurtenances, Rights, In­heritances, Fiefes, Wards, Homages, Bur­gessships, and Seigniories whatsoever, to be holden of the Earl of Luxemburgh in Fee, and by Homage-Liege. Henry, the Son of the said Henry Earl of Salm, did the like Fealty and Homage, on Thursday next after the Feast of All Saints, in the Year 1248. for the same Castle of Salm, to the same Henry Earl of Luxemburgh, with a formal Declaration, That the Earl of Luxemburgh might and ought to have Aid of the Castle of Salm, and Lands belonging to it, against all Men; and that the Castle was to be sur­rendred to him when occasion required. In 1306. Henry Earl of Salm, Son of Henry aforesaid, did the like Services for the said Earldom of Salm, to Henry the fourth of that name, the eleventh Earl of Luxem­burgh, and seventh Emperour of that name. After him, Henry his Son, Earl of Salm, did the like Services for the said Earldom, to John King of Bohemia, twelfth Earl of Lux­emburgh, [Page 96]on Monday the eighth of Decem­ber, 1343. The Family of Salm being ex­tinct in 1408. the Lords of Reiferscheidt succeeding as next of Blood, did the like Services for the said County, till a certain Lord of Reiferscheidt, Earl of Salm, having for Violences and Outrages by him commit­ted, been banished out of these Countries, and his Estate declared confiscated to the use of the Emperour Charles, the Fifth Duke of Luxemburgh, by Sentence of the Great Council at Malines, 16 January, 1528. his Son John of Reiferscheidt, Earl of Salm, was summoned to appear at the said Council, to hear Execution awarded of the said Sentence, at his peril: But this John having submitted himself, by agreement made at Bruxelles, with the Queen Dowa­ger of Hungary and Bohemia, Governess of the Low-Countries, 21 February, 1549. the said Earldom of Salm, and all the Estate thereto belonging, were granted to the said John of Reiferscheidt Earl of Salm: but up­on express condition, that he should take and hold them in Fee of the Emperour Charles the Fifth, as Duke of Luxemburgh, by the Services accustomed: And the third of January, 1551. the said John took them accordingly; and ever since, the succes­sors of the said Earl of Salm have been used [Page 97]and reputed (as his Predecessors had been) Vassals of his Catholick Majesty and his An­cestors, Dukes and Earls of Luxemburgh; and the Subjects of the said Earldom have contributed to all publick Charges imposed on the Province of Luxemburgh.

The Country of Vianden.

43 The County of Vianden consists in a Castle, Town, and forty nine Villages and Hamlets, divided in­to six Mayordoms, of which several other Castles and Lands hold as Mesne Fees. It is of large extent, and for several Ages past hath been held in Fee of the Earl of Luxemburgh. The first Earl of Vianden was Frederick in the Year 1124. who left Signisfroid his Son his Successor, to whom succeeded Frederick a­bout the Year 1193. and to Him his Son Philip, who dying without Heirs of his Bo­dy, left the said County to his Brother Henry; who having been kept Prisoner by Walerand Duke of Limburgh and Earl of Luxemburgh, was set at liberty, on Conditi­on he should acknowledge Walerand Lord of the Fee of the said County of Vianden. the next Earl of Vianden was Philip, Son of the said Henry, who was kept Prisoner by his Nephew Henry, upon some difference be­tween them about the Succession of the County of Vianden. On this occasion it was that Henry Bishop of Utrecht, Brother to [Page 98] Philip Count Vianden, pass'd an Act in the Year 1264. in favour of Henry Earl of Luxemburgh; by which he promises that Philip his Brother, and his Successors, should hold the said County of Vianden as a Fief Liege immediately of the Earl of Luxem­burgh, on Condition the said Henry Earl of Luxemburgh should use all the means he could to set at liberty the said Philip Earl of Vianden, and to restore to him the Castle of Schonecken, usurped by his Nephew Henry. The said Philip accordingly took the Earl­dom of Vianden of Margaret Countess of Luxemburgh, Wife of Henry the Second, Earl of Luxemburgh, and of Henry the Third of that Name, their Son, on Tuesday before Lent in the Year 1270. Godfrey having suc­ceeded his Father Philip, left Heir of the County of Vianden, Philip, begotten of Lintgarde, Lady of Lignie, &c. which Phi­lip took in like manner the said County of Vianden in 1306. of Henry the Fourth of that Name, Earl of Luxemburgh, and Emperor of the Romans. Afterwards the said County came by Marriage to the House and Family of Nassau above three hundred years ago, and the Princes of Orange have successively taken it of his Catholick Majesty and his Predecessors, Dukes of Luxemburgh; and the Subjects of Vianden have from time to [Page 99]time constantly contributed to all Aids and publick Charges, ordinary and extraordi­nary, with other Subjects of the Pro­vince of Luxemburgh; and his Ma­jesty, whenever he pleased, put a Garrison into the Castle and Town of Vianden.

The Land and Seigniory of St. Vithe, &c.

44. The Land and Seigniory of St. Vithe, consisting in a Town and forty seven Villa­ges, divided into six Courts, is an ancient Fee of Luxemburgh, Count Henry the Se­cond of that Name having long since had Toll and Conduct-Money in St. Vithe and Bullenge in the Year 1253. as appears by the Agreement between the said Count Henry and his Sister Elizabeth, Wife of Walerand, Lord Faulcomont and Montjoy, in the Year 1270. Walerand, Lord Faulcomont and Montjoy, did Fealty and Homage for the said Land and Seigniory to Henry the Second of that Name, Earl of Luxemburgh, and Margaret his Wife: So did Reynald Lord Faulcomont and Montjoy in 1306. to Henry the Fourth of that Name, Earl of Luxem­burgh, for the Lordship of St. Vithe; which coming afterwards to Simon Earl of Span­heim, he did Fealty and Homage for it to Winceslaus Duke of Luxemburgh, in the Year 1380. The same Lordship passing since by Marriage into the Family of Nassau, the [Page 100]Princes of Orange have always done Fealty for it, (with the County of Vianden, and other Lands and Lordships in the Country of Luxemburgh) as a Fee held of the Duke of Luxemburgh: And the Inhabitants of the said Land and Lordship have always Con­tributed, with the rest of his Catholick Ma­jesties Subjects, towards all publick Aids and Charges, ordinary and extraordinary: And his Majesty hath placed a Garrison in the Town of St. Vithe, when ever he thought it convenient.

The Lordship of Munster, &c.

45. The Lordship of Mun­ster, near the City of Luxem­burgh is a Capital place, consist­ing of our and twenty Villages, Hamlets and Farms, and hath been of the ancient Patrimony of the Earls of Luxemburgh, who in the year 1080, endowed therewith the Abby of Munster, as appears by the Foun­dation of Conrade, the second of that Name, Earl of Luxemburgh, in the year 1083, Confirm'd by Earl William his Son, and Walerand, Earl of Luxemburgh, in the year 1225: And the Priviledges and Exempti­ons granted them have been confirm'd suc­cessively, by Wenceslaus, Earl of Luxemburgh, in the year 1398; by Philip, Duke of Bur­gundy, in 1432; by Maximilian the Empe­rour, [Page 101]in 1486, and by Charles the Fifth, the 15th of July 1531.

The Lordship of Mont St. Jean, &c.

46. The Lordship of Mont St. Jean, consisting in four Villages and Hamlets, with an old demolish'd Castle, hath e­ver been under the Soveraignty of the Earls and Dukes of Luxemburgh, and held in Fee immediately of them, as appears by the Re­cords of Fealty and Homage, in the years 1563, 1573, 1600, 1624.

The Castle and Lordship of Differtange, and Solleuvre, &c.

47. The Castle and Lord­ship of Differtange and Solleu­vre, with three and twenty Vil­lages, Hamlets, and Farmes its Dependents, hath been part of the ancient Demesnes of the Earls of Luxemburgh, as appears by Deed, in 1238, wherein Alexander Lord of Solleuvre hath acknowledged the said Lordship to have de­scended to him as a Fee from Ermesinde, Countess of Luxemburgh, who having, in the year 1236, confirmed the Priviledges of the Town of Echternach, the said ALexan­der, obliged himself to observe them, on pain of losing his Fee: The Lord of the same place did Fealty and Homage for it to Duke Wenceslaus, in the year 1398, with other Lords and Feoffees of that Coun­trey; and his Successors did the like [Page 102]in the years 1532, 1546, 1563, 1573, and 1600.

The Castle and Lordship of Bertrange, &c.

48. The Castle and Lord­ship of Bertrange, (the Lords whereof have not only been Lords, Feodals, and Gentle­ment of that Country, but had Jurisdiction over the Gentlemen Feoffees of the same, as appears by the Act of Sale of the Towns of Verton, Ivoix, and la Ferte, conveyed to Jeffrey de Bertrange, in the year 1340.) is not distant above a 11 hours Journey from the Capital City, and stands inclosed within the Provostship of Luxem­burgh.

The Castle and Lordship of Ansembourgh, &c.

49. The Castle and Lord­ship of Ansembourgh consists in three Villages and Hamlets, wherein his Catholick Maje­sties Predecessors, and his Ma­jesty, have for several Ages exercised to this day all acts of Soveraign Jurisdiction, by their Provost of Luxemburgh, particu­larly by the Execution of Malefactors con­demned to dye: And the Lord of Ansem­bourgh, in the year 1398, did Fealty and Ho­mage with the other Feoffees and Subjects of that Country to Duke Wenceslaus.

The Castle and Lordship of Hellenfelts, &c.

50. The Castle and Lord­ship of Hellenfelts, consists in twelve Villages and Hamlets, the Lords whereof have been Feoffees of that Country. And John de Helvetz, above three hundred and sixty years past was Justicier of the Nobles there. And the Conveyance of the said Lordship was made before the Justicier and Bench of Nobles of that Country, as ap­pears by the Sale and Conveyance made in the year, 1477: Since which, as before, it hath been taken in Fee from the Dukes of Luxemburgh, as appears by the Records of Fealty and Homage, in 1546, 1547, 1570, 1577, and 1624.

The Castle and Lordship of Mersch, &c.

51. The Castle and Lordship of Mersch, consisting in four­teen Villages and Hamlets, hath also been an ancient De­mesn of the Earls of Luxemburgh, as ap­pears by the Gift of part thereof, made by Sigisfroid, first Earl of Luxemburgh, to the Monastery of St. Maximin; the residue thereof, with the high Jurisdiction, or right of doing Justice in Capital matters, as well as those of inferior Nature, having been held in Fee of his Catholick Majesty, by Temporal Lords, who have been always Cavaleers of that Country, and assisted as [Page 104]such at the Sessons of Nobles held at Lux­emburgh, particularly at the Sessions held in the year 1407, and with other Feoffees of the same Country did Fealty and Homage to the Emperour Wenceslaus, as Duke of Luxemburgh, in the year 1398, and after­wards received the said Lordship as a Fee of the Dukes of Luxemburgh, in 1520, 1534, and 1571.

The Castle and Lordship of Pittange, &c.

52. The Castle and Lordship of Pittange, consisting in six­teen Villages and Hamlets, the high Justice whereof the King of Bohemia, in the year 1311, gave to Arnold, Lord of Pittange, for inlargement of his Fee: The Lord of Pittange did Ho­mage for it to the Emperour Wenceslaus, in the year 1398: The Sale and Conveyance of it was past before the Justicier and Bench of Nobles of that Countrey, as appears by the Grant thereof, made by Margaret Lady Pittange, in the year 1458, since which, the Lords thereof have successively taken it of the Dukes of Luxemburgh, as appears by the Records of Services done upon admission in the years 1520, 1532, 1546, 1547, 1562, 1570, and 1572.

The Lordship of Huperdange.

53. The Lordship of Huper­dange is a Dependent of that of Pittange, and was given [Page 105]by Henry Earl of Luxemburgh, to Arnold of Pittange, in the year 1281, on condition he should hold it in Fee, by Fealty and Ho­mage: And for enlargement of the said Fee, the King of Bohemia granted the said Ar­nold the Right and Power of High Justice, or Criminal Jurisdiction, in the year 1311.

The Lordship of Arlon-Court.

54. The Lordship of Arlon-Court consists in three Villages and Hamlets, and is a Capital place, and ancient Fee of the said Province. John King of Bohemia having granted Ar­nold de Pittange High Justice there, in the year 1311, for inlargement of his Fee. And in 1570 the Lord of Arlon-Court did Ho­mage for it.

The Lordship of Meissenburgh.

55. The Lordship of Meissen­bourgh consists in fifteen Villa­ges and Hamlets: The Lords thereof have been Counsellors to the anci­ent Earls of Luxemburgh, before, and since the year 1237, and in 1398 did Fealty and Homage for it to the Dukes of Luxem­burgh, and afterwards in the year 1532, 1547, 1556, and 1624.

The Castle and Lordship of Fischbach.

56. The Castle and Lordship of Fischbach consists in three Villages and Hamlets: The Lords thereof have been Cavaleers of that [Page 106]Country, done Fealty and Homage to the Duke in 1398, and assisted at the Session of Nobles in 1407. The High Justice thereof was given by Justus, Marquess of Branden­burgh, to Robert and John de Fischbach, on Fryday before the Visitation, in 1407. And Wenceslaus, King of the Romans, on St. Si­mons day, in the year 1409, confirm'd the said Gift: The Conveyance of Sale of part of the said Lordship was pass'd be­fore the Justicier and Bench of Nobles of Luxemburgh the 13 of September 1581, and the 18 of May, 1628; and the Lords of it have done Fealty and Homage for it to the Dukes of Luxemburgh.

The Castle and Lordship of Leinster, &c.

57. The Castle and Lordship of Leinster, or Linceren, consists in nine Villages and Hamlets: The Lords thereof have been ancient Feoffees of that Country, and in 1236 obliged themselves to observe the Pri­viledges granted to the Inhabitants of Echter­nech, by the Countess of Ermesinde, on pain of forfeiting their Fee: The Lord of Lein­ster, in 1230, did Fealty and Homage for it; the like was done for it to Duke Wence­slaus in 1398, and afterwards to other Dukes in 1447, and 1556.

The Castle and Lordship of Heffingen.

58. That the Castle and Lordship of Heffingen is a Ca­pital place, and held in Chief of the Duke of Luxemburgh, appears by the Records of Services upon Admissions in 1563.

The Lordship of la Rochette, with the Wall of an old Castle, and fifteen Vil­lages and Ham­lets, &c.

59. The Lordship of la Ro­chette consists in fifteen Villages and Hamlets, the Lords there­of have been ancient Feoffees of that Country, and as such have purchased several Lord­ships there, and in 1398, and since in 1546, 1563, 1570, 1600, and 1621, have done Fealty and Homage for it to the Dukes of Luxemburgh, as appears of Record.

The Lordship of Heringen.

60. In 1570 the Duke of Luxemburgh had Fealty and Ho­mage done him by the Lord of Heringen, for his Lordship of Heringen, con­sisting in a Village and a Hamlet.

The Castle and Lordship of Beaufort, &c.

61. The Castle and Lordship of Beaufort, consisting in eleven Villages and Hamlets, is a Fee and Capital place of the Dutchy of Luxemburgh: In 1338, among other the Feoffees of the Dutchy, the Lord of Beau­fort did Homage to the Duke. The Lord­ship having since been Confiscated by Arch-Duke [Page 108] Maximilian, he invested in it Messire Jean Bayer of Bapport, as appears by the Act of Donation made the 7th of August, 1478. And the Successors of the Donee have since done Fealty and Homage for it to the Dukes of Luxemburgh, as appears by the Records thereof in 1506, and 1621.

The Castle and Lordship of Berbourg.

62. The Castle and Lordship of Berbourg, or Beaurepart, con­sisting in eleven Villages and Hamlets, is an ancient Fee of the Dutchy of Luxemburgh, as appears by the Act of Renovation of the Priviledges of Echternach, by which Viry, Lord of Ber­bourg, is obliged to observe them upon pain of being deprived of his Fee. In 1238 the Lord of Berbourg did Homage for it to the Duke of Luxemburgh; the Successors of the said Lord did the like in 1563, 1573, and 1600: The Lords of the said place having been the ancient Chancellors of that Coun­trey, and acknowledged to b e so in the Session of Nobles held at Luxemburgh in 1407.

The Lordship of Herberen and Mompach.

63. The Seigniory of Her­beren and Mompach is a Fee held of the Duke of Luxem­burg, and in 1451, John de Sirk did Homage for Mompach to the Duke.

The Castle and Lordship of Reulandt.

64. The Castle and Lord­ship of Reulandt, consisting in fifteen Villages and Hamlets, is an ancient Fee of the Dutchy of Luxemburgh, as appears by the Act of Sale made by Elizabeth of Blackenheim to the King of Bohemia, in 1327, wherein she declares she sells it in the same manner, as the late Feris of Blackenheim held it in Fee of the said King, by Homage and Fealty: And the said Lordship having afterwards been granted out in Fee: it was taken in the year 1384, of King Wenceslaus, as Duke of Luxemburgh, and annext to the Office of Chamberlain of the Dutchy; and in the year 1549 Homage was again done for it.

The Castle and Lordship of Ouren.

65. The Castle and Lordship of Ouren consists in six Villages and Hamlets; the Lord there­of, with other Subjects and Vassals of the Dutchy of Luxemburgh, did Fealty and Homage to Duke Wenceslaus in 1398.

The Castle and Lordship of Clervaux.

66. The Castle and Lordship of Clervaux, consists in four and forty Villages and Hamlets, the Lords whereof have anci­ently been Chancellors of this Country, as appears by the Sale of Ivoix, the Convey­ance [Page 110]whereof was made before Walter de Chervaux, and Chancellor of the Province, who with other Cavaleers of those parts did Fealty and Homage to Duke Wenceslaus, in the year 1398.

The Castle and County of Wiltz.

67. In the year 1398 and af­ter, Fealty and Homage have been performed to the Dukes of Luxemburgh, for the Castle and County of Wiltz, consisting in three and twenty Villages and Hamlets.

The Castle and Lordship of Esch.

68. The Castle and Lordship of Esch, or Aisse, consists in nineteen Villages and Hamlets, the Lords whereof were anci­ently Chancellors of the Country, having assisted the Earls of Luxemburgh in Council, and in quality of Noble Feoffees, taken Cognizance of Sales and Grants of the Lordships of the same Country, as appears by an Act pass'd in 1230, before Robin d'Esch, Knight: This Lordship was formerly held of the Earl of Vianden, who having afterwards consented it should be holden immediately of the Earl of Luxemburgh, Homage was done to him immediately for it, in 1270, 1306, 1506, 1551, and 1624: And in 1398 the Lord of Esch, with other Chancellors of the Country, swore Allegiance to Duke VVenceslaus. And in 1402 John [Page 111]d'Esch acknowledged himself his Sub­ject.

The Castle and Lordship of Bourscheidt.

69. The Castle and Lordship of Bourscheidt, consists in twelve Villages and Hamlets: The Lords thereof were anciently Cavaleers of the Earls of Luxemburgh, par­ticularly Solver de Bourscheidt, who was Ju­sticier of the Nobles there, and by Act in 1233, acknowledged himself a Liegeman of Luxemburgh, and entred into obligation to guard and defend the Castle of Luxemburgh, and declared that the Countess of Luxem­burgh, ought (as heretofore) to have aid of the Castle of Bourscheidt: Fery de Bour­scheidt acknowledged himself under the like Obligation in the year 1317. The Lord of Bourscheidt in 1398, with other Chan­cellors of the Country, paid Homage to VVenceslaus Duke of Luxemburgh: VVerner Zanden of Bourscheidt, and John Theodore Zanden did the like to the Duke of Luxem­burgh, in 1551, and 1624.

The Town, Castle and Lordship of Newerbourgh.

70. The Town, Castle, and Lordship of Newerbourgh, con­sisting in the Town of Newer­bourgh, and two and fifty Vil­lages and Hamlets, is a very ancient Fee of the Country of Luxemburgh: the Earls of Vianden having acknowledged they held it [Page 112]in Fee of the Earls of Luxemburgh, by Acts and Services done for it, in the years 1257, 1270, and 1306: Since which time the Lords of Newerbourgh, with consent of the Earls of Vianden, have taken it in Fee, immediately of the Earls and Dukes of Lux­embourgh, as appears by the Records of Ho­mage in 1547, 1551, and 1598: And in 1398, Everard de la Marck, as Lord of New­erburgh did Fealty and Homage for it to Duke VVenceslaus.

The Castle and Lordship of Brandenburgh

71. The Castle and Lordship of Brandenburgh, consists in six Villages and Hamlets, and in the years 1270, and 1306 hath been acknowledged a Fee of Luxemburgh, by the Earls of Vianden: in 1398 the Sieur de Brandenbourgh, with the other Gentlemen of this Country, swore Allegiance to Duke VVenceslaus.

The Castle and Lordship of Kayll.

72. The Castle and Lordship of Kayll, consisting in two Vil­lages, hath by Thiry of Black­enheim been acknowledged a Fee held of the Dutchy of Luxembourgh, as appears by an Act of Recognition in 1449: Arnold de Blackenheim did Homage for his part of it in the years 1357, and 1378, and William and Philip Theodore of Mander­scheidt, in 1482, and 1624.

The Castle and Lordship of Falkenstein.

73. The Castle and Lordship of Falkenstein, or Faulconpiere, consisting in three Villages and Hamlets, is an ancient Fee of Lux­emburgh, as appears by the Records of Ho­mage done for it by Arnold de Faulconpiere, in 1270, and by other in 1451, and 1624.

The Castle and Lordship of Bettingen.

74. The Castle and Lordship of Bettingen consists of nine Villages and Hamlets; the Lord thereof did Fealty and Homage to the Emperour Wenceslaus, Duke of Lux­emburgh, in 1398: the like Services were done for it, as a Fee of the Dukes of Luxem­burgh, in 1451, and 1624.

The Castle and Lordship of Ham.

75. The Castle and Lordship of Ham, consisting in four Vil­lages and Hamlets, is a Fee, and part of the ancient Patrimo­ny of the Earls of Luxemburgh: as appears by the Act in 1334, whereby the King of Bohemia gave the High Justice of Ham to Gerard of Ham, for improvement of his Fee: And the Lord of this place, in 1398, did Homage for it, with other Feoffees, to Duke Wenceslaus.

The Lordship of Brouch.

76. The Lordship of Brouch, consisting in twelve Villages and Hamlets, is an ancient Fee of the Dutchy of Luxemburgh, and acknow­ledged [Page 114]to be so by the Lord of the place, in 1394, who with other Feoffees of the Coun­trey did Homage for it in 1398.

The Lordship of Malberg.

77. The Lordship of Mal­berg consists in three Villages and Hamlets, and was taken in Fee of the Duke of Luxemburgh in 1306; and in 1398 the Lord of Malberg, with o­ther Feoffees of the Province, did Homage for Malberg.

The Lordship of Rosport.

78. The Lordship of Rosport, consisting in six Villages and Hamlets, was in the year 1303 acknowledged a Fee of the Earldom of Lux­emburgh.

The Castle and Lordship of Mirevart.

79. The Castle and Lordship of Mirevart consists in six and twenty Villages and Hamlets, and hath been an ancient Patri­mony of the Earls of Luxemburgh; the parts of which it consists having ever since the year 1311, been accompted and recorded among the Demesns of the Earls of Lux­emburgh, and made parcel of the particular thereof. Arch-Duke Maximilian gave it since to Everard de la Marck, who, and his Successours the Dukes of Aremberg, have from time to time paid Homage for it to this day.

The Castle and Lordship of Fo­cant.

80. That the Castle and Lord­ship of Focant was parcel of the ancient Demesns of the Earls of Luxemburgh, appears by the accompts of the Revenues thereof, ever since the year 1311.

The County of Montague.

81. That the County of Mon­tague, consisting in thirteen Vil­lages and Hamlets, is also a Fee of Luxemburgh, appears by the Records of Homage done for it in 1545, 1598, 1600, 1673.

The Lordship of Rachamps.

82. The Lordship of Ra­champs, consisting in a Village and Hamlet, is an ancient de­pendent of Luxemburgh: King Wenceslaus having the 12th of October, 1384, confirm­ed the Priviledges his Predecessours, the Earls of Luxemburgh, had granted the Lord and Tenants of this Lordship.

The Lordship of Ayvaille.

83. The Lordship of Ayvaille, consisting in eight Villages and Hamlets, hath been an ancient Patrimony of the Earls of Luxemburgh, as appears by the Gift the King of Bohemia made of the Bridge of Ayvaille, to the In­habitants of the place, 23 July, 1346.

The Lordship of Harzet.

84. Lewis de Clermont, in the year 1302, did Homage for the Lordship of Harzet, consi­sting [Page 116]in three Villages and Hamlets, as a Fee held of the Earl of Luxemburgh.

The Lordship of Bascille.

85. Alard de Bascille by Act in 1307, acknowledged himself a Leige-man of the Earl of Lux­emburgh, for the Lodship of Bascille, as a Fee of the Earldom.

The Lordship of Chesne.

86. The Lord of the Signiory of Chesne, consisting in three Villages and Hamlets, did a­mong other Subjects and Feoffes of the Pro­vince, perform his Homage to the Empe­rour Wenceslaus Duke of Luxemburgh, in 1398.

The Castle and Lordship of Witry.

87. The Castle and Lordship of Witry, consisting in four Vil­lages and Hamlets, is a Capital place, and of the ancient De­mesns of the Earl of Luxemburgh, as ap­pears by the Gift thereof made by Henry Earl of Luxemburgh, to Arnold de Pittange in 1281, on condition he should hold it of him in Fee by Homage: And in 1311, the King of Bohemia, then Earl of Luxemburgh, granted the said Arnold the High Justice of Witry for improvement of his Fee.

The Castle and Lordship of Useldange.

88. That the Castle and Lord­ship of Useldange, consisting in sixteen Villages and Hamlets, is an ancient Fee of the Earldom [Page 117]of Luxemburgh, appears by an Act in 1298, wherein Robert Lord Useldange hath acknow­ledged Homage due from him to the Earl of Luxemburgh: This Lordship came after­wards by Confiscation to Maximilian the Emperour; who, and his Son Arch-Duke Philip, as Dukes of Luxemburgh, gave the said Castle and Lordship to Philip. Marquis of Baden, in the year 1494: After which Homage was paid for it in 1532, 1562, and 1605.

The Castle and Lordship of Autel, &c.

89. That the Castle and Lordship of Autel, consisting in six Villa­ges and Hamlets; is an ancient Fee of the Earldom of Luxemburgh, ap­pears by an Act in 1223, when Henry de Dune having been made Marshall of Luxem­burgh, annext to that Office the Lordship of Autel, acknowledging he held it in Fee of the Earls of Luxemburgh, to whom Homage was done for it in 1270; and afterwards in 1398, by the then Lord of Autel, to Wenceslaus the Emperour: This is confirmed by the Sale Richard de Dune made in 1254, to the Covent of Clairfontain of some E­state in Autel, which the Lords thereof had not power to alien without leave of the Earl of Luxemburgh.

The Castle and Lordship of Girsch.

90. The Castle and Lordship of Girsch, consisting in fifteen Villages and Hamlets, is an ancient Fee of the Earldom of Luxemburgh; and Homage was done for it to the Duke of Luxemburgh in 1556.

The Castle and Lordship of Koerich.

91. Tillman of Koerich in 1314 did Homage to the Earl of Luxemburgh for the Lordship of Koerich, consisting in five Vil­lages and Hamlets, as a Fee held by Ho­mage of the Earl. And in the years 1400, and 1617, the Successours of Tillman did Homage for it to the then Dukes of Luxem­burgh: And in 1398 Homage was done for it to Wenceslaus the Emperour, in the right of the Earldom of Luxemburgh.

The Castle and Lordship of Septfontain, &c.

92. That the Lords of the Castle and Lordship of Septfon­tain, consisting in ten Villages and Hamlets, have been anci­ent Vassals of the Earls of Lux­emburgh, is evident by the record of Ho­mage done for it in 1233: Since which, Thomas de Septfontain, Chamberlain to the Earl of Luxemburgh, and his Successors, re­ceived by the Earls Grant, the Right and Priviledge of High Justice to be exercised throughout the Liberty of Septfontain, for inlargment of his Fee.

The Lordship of Wiltingen and Cantzem.

93. In the year 1230, Ernest de Pictipas acknowledged the Lordship of Wiltingen and Cant­zem to be Capital places, held in Fee of the Earldom of Luxemburgh; and John de Sirk did Homage for them accord­ingly in 1450.

The Land and Lordship of St. Hubert.

94. The Land and Lordship of St. Hubert consists in six Mayordoms or Mannors, with several Villages depending thereon: and, as to Situation, is inclosed on all sides by the Lands of the Dutchy of Luxemburgh, and consequently by the Laws and Maxims of State, cannot be a particular Sovereignty, distinct or separate from that which incloses it: The intention of the Duke (in granting away the Lands of St. Hubert) being grounded on a Presumption in Law, That Land inclosed within other greater and more considerable, is to be re­puted of the same Quality, Jurisdiction, and Sovereignty, with that which incloses it, till the contrary be made appear.

95. This will be thought more reasona­ble in this Case, when it shall be considered, that till the age before the last it was never disputed, but that the Dukes and Earls of Luxemburgh had not only the Possession, but the Right of Soveraignty of the Land and [Page 120]Lordship of St. Hubert. On the contrary it appears by Letters Dated at Arlon, June 5, 1343, that John King of Bohemia, and Earl of Luxemburgh, calls the Abbot and Covent of St. Hubert, his Faithful and well Beloved, (importing Fealty due from them to him). And grants them the priviledge of Mast in the Woods. And by the Act of Inauguration of Phi­lip Duke of Burgundy, Dated at the Castle of Luxemburgh, October 25, 1415, the Abbot of St. Hubert, as a Prelate of the Dutchy of Luxemburgh, with other Prelates, Earls, Barons, Gentlemen, and Estates of the Pro­vince, did Swear Fealty and Homage to the Duke, as his Predecessours the Abbots of St. Hubert had constantly done before to the Sovereigns of the said Province.

95. The same Duke Philip soon after granted those of St. Hubert a Charter for a Weekly Market, which is an evident Mark of Sovereignty.

96. The 12 of December, 1648, at the Inauguration of Charles the Hardy, Duke of Burgundy, and Son the said Duke Philip, the said Prelate of St. Hubert, without scru­ple, took again the like Oath of Fealty and Homage, as Prelate, Vassal, and Subject of the Province.

97. The like was done by the Prelate of St. Hubert, at the Inauguration of Maximili­an [Page 121]King of the Romans, who Married the only Daughter and Heir of Charles the Har­dy, with whom the Provinces of the Low Countries came to the House of Anstrin; as also at the Inauguration of Charles the Prince of Spain, afterwards Emperour of the Romans.

99. The Prelates of St. Hubert have ever since appeared at the States of Luxemburgh, as other Prelates of the Province, and sub­mitted, as the rest of the Prelates, to the Pe­nalty imposed for absence from the Session of the States; till the Prince, Bishop of Liege, undertook to dispute the Soveraignty of St. Hubert with the Duke of Luxemburgh; when Remacle de March Abbot of St. Hubert, inclining to favour the Bishops Pretentions, refused to appear at the Session of the States, held at the Inauguration of Phillip the Second Prince of Spain, and Son of the Emporour Charles the Fifth: By reason whereof the Attourney General of the Council of the Province, cause all his Temporalties in that Province to be seized. The Prelate of St. Hubert appeal'd to the Great Council at Ma­lines, and brought his Action for restitution of his Temporalties: Sentence was given upon hearing both Parties, that the Prelate had no right of Action.

100. The Prelate thereupon had Recourse [Page 122]to the Queen of Hungary, Governess of the Low Countries, and Petitioned he might be admitted and received to agree to, ratify, and approve what had been Enacted at the said Sessions of the States at Luxemburgh, as if he had been personally present; ad­ding an offer and promise to appear for the future at the Assembly of the States of the Province of Luxemburgh, as his Prede­cessors, the Abbots and Lords of St. Hubert had done, and that in the mean time he might be restored to his Temporalties.

101. His Petition was granted upon his Signing Deeds of Acknowledgment and Promise, as the Case required, which Deeds were Executed in the year 1551. And in the Assembly of the States held at Luxem­burgh the 28th of December, the same year, the Prelate by another Act reiterated the same Acknowledgment and Promise: The Pre­lates of St. Hubert have ever since appeared at the States of Luxemburgh, till the imme­diate Predecessor of the present Abbot de­sired to be excused from appearing there, by reason of the War.

102. In the mean time his Catholick Ma­jesty, as Duke of Luxemburgh, and his Au­gust Predecessors, have not only had the Ti­tle of Soveraigns of St. Hubert, but continu­ed in possession of Sovereignty, and exerci­sed [Page 123]there all Acts of Jurisdiction, Judgment of Appeals, and absolute Command in quar­tering Souldiers there, and charging the place with their subsistance and maintenance, and other Acts of Supream Jurisdiction, notwith­standing the Action of Right brought by the Bishop of Liege, as appears by the Articles exhibited by the Attorney General of the province of Luxemburgh.

The Castle and Lordship of Schleiden.

103. By the Records of Ho­mage done in the years 1270,1344, 1549, 1551, 1676, 1680, and others, and the Translation of the 19 of November, 1546, 'tis clear the Castle, Town, and Lordship of Schleiden, consisting in thirty six or thirty seven Vil­lages, is a Fee held immediately of the Duke of Luxemburgh.

The Castle and Lordship of Cronenburg:

104. It appears by like Re­cords of Homage done to the Earls and Dukes of Luxemburgh, in the years 1293, 1306, 1318, 1549, 1551, 1599, and several others, and by the transaction above mentioned in 1546, that the Castle, Burrough and Signiory of Cronenburg, consisting in thirteen Villages, is a Fee held (from all Antiquity) of the Earl­dom of Luxemburgh.

The Castle and Lordship of Manderscheidt

105. By the same transacti­on and the Records of Homage done in the years 1343, 1419, 1551, 1624, and many others, 'tis evident the Castle and Lordship of Man­derscheidt, with the Villages, its Depen­dents, is an ancient Fee of Luxemburgh: and that John of Manderscheidt did Fealty and Homage to Wenceslaus, in the year 1398.

106. 'Tis evident, all the Towns, Lands, Signiories, and L'ordships before mentioned, are Capital places, reputed for many Ages part of the Dutchy of Luxemburgh, and held of it: And that the Earls and Dukes of Luxemburgh, have for between three and four hundred years, or more, enjoy'd them as the ancient Patrimony and Demesns of the Dutchy, and exercised therein all Acts of Soveraignty and Jurisdiction, in Assessing the Subjects, Levying of Aids, and other Taxes, quartering Souldiers, exclusive to all others; and without trouble or hinderance, they have in like manner enjoyed the Lands and Lordships following, that is to say, The Castle and Lordship of Schonfelts, con­sisting in two Villages and Hamlets: The Court of Thommen, consisting in twenty two. Hacheville, in three: The Castle and Lordship of Morstorff, consisting in three: The Castle and Lordship of Heltzembourgh, consisting [Page 125]in two: Sterpigny: The Castle and Lordship of Aspourg, consisting in thirty four Villages and Hamlets: The Castle and Lordship of Sinsfelt, consisting in six: Scharssbillich, con­sisting in twelve: The Castle and Lordship of Daun and Dens-bem, consisting in four: Mehret Bettenfelt: The Castle and Lord­ship of Solver: The Mannor of Esclassni, consisting in three: Redu, Esclaye: The Castle and Lordship of Beauram, consisting in three: Hansurlesse, consisting in three: The Castle and Lordship of Houstalize, con­sisting in twenty two: Humaine: The Ca­stle and Lordship of Waha, consisting in two: The Castle and Lordship of Daverdis: The Castle and Lordship of Dessy, consisting in six: The Castle and Lordship of Jemeppe: The Castle and Lordship of Docham, consi­sting in six Villages and Hamlets: The Ca­stle and Lordship of Rollet, consisting in six: The Castle and Lordship of Montjardin: The Castle and Lordship of Travigny, consisting in six: The Castle and Lordship of de la Val, in two: Vilers la Loupe, Chesnoy: The Castle and Lordship of Rutte la Grande: The Ca­stle and Lordship of Signeul St. Remy: The Castle and Lordship of Villers, before Orval: The Castle and Lordship of Porcheresse: Vance, consisting in two Villages: The Ca­stle and Lordship of Boulogne, in five: The [Page 126]Castle and Lordship of Horbeumont, in seven: The Castle and Lordship of Everlange, con­sisting in nine Villages and Hamlets: The Lordship of Nasseigne: The Castle and Lord­ship of Grune.

All which last mentioned Lordships are also Capital places, and Fees held of the Marquisat of Arlon, the Earldom of la Roche, Durbuy, and other places, and some of them of the Dutchy of Luxemburgh, whereof the Catholick King is Sovereign. And the said Lordships have not only been for many Ages reputed parcel of the Dutchy of Luxemburgh, but the Dukes thereof have in the face of all the World peaceably enjoy'd them, and exercised therein all Powers and Acts of Sovereign Jurisdiction; With­out that, that they or any other the places before mentioned have had any dependence on the County of Chiny, or any other Ca­pital place belonging to France.

These (men would think) are Reasons sufficient to make out the Right of his Catho­lick Majesty to these places, and that he ought to continue in possession of them; the rather, for that France hath not any colour of pretence to them, since the Act of the 25th of November, 1462, of the Grant and Conveyance of the Dutchy of Luxemburgh, and the Counties of Chiny and la Roche, by [Page 127] Lewis King of France, to Philip Duke of Burgundy, whereby the said King of his spe­cial Grace, full Power, and Royal Authori­ty, hath given, granted, conveyed, and released all Right, Title, Interest, Claim, and Demand he had or could have to the Dutchy of Luxemburgh, and the Counties of Chiny and la Roche, their Appurtenances and Appendences, Quit-rents, Rents, Ju­risdictions, Property, Fee, and other Rights thereto belonging, as well by means of the purchase thereof by his late Father, as other­wise howsoever, To have and to hold to the said Duke of Burgundy, and his Heirs fore­ver; without that, that the said King Lewis, his Heirs and Successors, shall or may Claim or Demand the same for any cause whatever. Yet France, as hath been made appear, hath possessed it self of all the Towns, Lands and Lordships before mentioned, and generally of all the places of the Province of Luxem­burgh, except the Capital City, and the 25 Villages of the Provostship of Luxemburgh, though without Reason or Ground.

Agimont in the possession of France.

CHarlemont having, in pursuance of the Peace made at Nimmighen, been yielded up to France, the French Mi­nisters thought fit to take Possessi­of Agimont, with its Appurtenance and [Page 130]Dependences, notwithstanding the Claims and Protestations of the Officers of his Catho­lick Majesty, against the Proceedings of the French: And under pretence that the Vil­lages of Maisnil St. Blaise, Hargnies, and the two Bourseignes, are Dependents of Agimont, Faultrier, the French Commissi­oner and Intendant, sent Order of the 30th of March, 1680, to those of the Village of Maisnil St. Blaise, to repair to Charlemont, to swear Allegiance to the most Christian King, which they, and those of Hargnies, and the two Bourseignes were forced to do.

The Right of Spain to Agimont.

True it is, that Agimont being neither part, nor within the limits of the Province of Namur, there in not in the Records of the Castle of Namur, any Evidence to justifie the Right of his Catholick Majesty to it, and to prove it Independent of Charlemont. But let it be observed, that the Castle of Agimont is of a Structure far more ancient than the Fortress of Charlemont, which was built by the Emperour Charles the Fifth, a­bout and Age since; so that we cannot see how Agimont can be a Dependent of Charle­mont. And by two Copies, the one Dated the 6th of April, 1555, it appears, the said [Page 131]Emperour Charles the Fifth bought the Ca­stle and Strong-house, Town, Land, and Lordship of Agimont, with its Rights and Dependences: And by the other Dated the 7th of March, 1574, That his Majesty in­gaged the said Castle, Land and Lordship to the use of Lancelot de Berlemont, Earl of Meghe. As to the Villages of Maisnil St. Blaise, Hargnies and Bourseignes, it appears by an Act of the 7th of March, 1431, that Homage was done for them by the Lord of Agimont, to the Earl of Namur, as Lord of Poilvache: Since which they were united to the Provostship of Poilvache, and have been accordingly Charg'd in the accompt of the Aids of the Province of Namur, granted his Majesty the 10the of October, 1493, as by the Close Rolls in the Chamber of Accompts at Lille: Since which time they have to this day paid the said Aids, and Contributed to publick Charges, as well as other places of the Province.

Waulsors, Hastiers, and Ermeton.

The same Intendant, Faultrier, sent Or­der, Dated the 5th of April, 1680, to the Mayors of Waulsors and Hastiers, signifying, that his Christian Majesty had Ordered him to take Possession, in his Name, of the Land [Page 132]and Bank of Waulsers, Hastiers, and Erme­ton, and to receive in his Name an Oath of Fidelity to his Majesty, which the Mayors and Inhabitants of those places were obliged to take. He Commanded them to give no­tice to the Inhabitants of those Villages and their Dependences, to repair for that pur­pose on the morrow to Waulsors, where they were effectually obliged to take the said Oath: And having omitted the Admini­string the like Oath to those of the Village of Ermeton, he Ordered the Officers and principal Inhabitants of that place, to attend him at Charlemont the twelfth day of the then next Month, to take the said Oath; and in the mean time, in the Name of the most Christian King, expresly prohibited them to receive or execute any Order from his Catho­lick Majesty, or his Ministers, or to pay him any Aid or Duty whatever, upon pain of being punished as Rebels: And not only disturbed the Spanish Receiver at Ermeton, in the ex­ercise of his Office, but caused him to be taken and carried away by a Company of Foot.

Some days after the said Intendant went to the Abby of Waulsors, to cause the Abbot and Monks there to swear Allegiance to the King his Master, and upon their refusal, sent thither in August following thirty Soldi­ers, [Page 133]whom the Abbots and Monks were forced to maintain, at great Charges, for six Weeks; which one of the Monks having represented to the Marquess of Louvois, he answered, that if the Prelate would not within fifteen days be at the Monastery, he would cause it to be rais'd: The 2d or 3d of September, 1680, Faultrier, full of Indigna­tion that the Monks of that place refused still the taking the said Oath, sent to the said Abby a hundred and sixteen men to live there at discretion, with Order to the Monks, that they should not any longer acknowledge their Prelate, and to the Farmers their Te­nants, that they should not pay them any thing, on pain of being made pay twice, and having the Bailiff of Waulsors Arrested and put into a Dungeon, which was ac­cordingly done: These Souldiers continued at Waulsors till the Monks promised they would not do any thing against the Service of the most Christian King, whereupon the French Erected a Custom-house at Waulsors, and took Toll, and levied other Duties for the use of their King.

The Right of the Spaniards to Waulsors, Hastiers, and Ermeton.

It appears by the Register remaining in the [Page 134]Compting-house of the General Receipt at Namur, intituled the Register of the Demesnes of Namur, in the year 1265, that Waulsors, Hastiers, and Ermeton on the Meuse, are of the ancient De­mesns and Lands of the County of Namur: The Earls of Namur having granted out in Fee, the Wineage of Hastiers, and several Duties the Inhabitants of Waulsors, Hastiers, and Ermeton were obliged to pay, and also the Mannor and Dependences of Ermeton on the Bierre. Besides, in the Record of a so­lemn Oath taken by William Earl of Namur, in the year 1360, with four Knights of his Council, nominated by Enghelbert de la Marcq, Bishop of Leige, pursuant to an Agreement between them, it is contained, that the Banks of Waulsors, and Hastiers, on ei­ther side the Meuse, are intirely within the County of Namur, and that in all Cases the Law of Namur is to be observed there, no less than in the Broigne and its Appurtenan­ces, Members of that County: And that the Inhabitants of Waulsors, and Hastiers, and the Territories thereof, are no less subject than the Citizens of Namur to the Earls of that Country: The said Earl William, and four Knights, having affirm'd that Waulsors, Hastiers, and the Broigne, had been as long as could well be remembred, the Inheritance [Page 135]of the said Earl and his Predecessors, as by the Record of that Oath more at large appears.

And in Act of the year 1420, Copied out of an ancient Register of the Churches of Waulsors and Hastiers, it is declared, That the said Churches are situate in the County of Namur, and the Jurisdiction of the those places had been granted to the use of the said Churches, saving to the Earl of Namur the Soveraignty thereof: And in the year 1466, the Inhabitants of the same places petitioned and obtained from Philip Duke of Burgundy, as Earl of Namur, an Act of Pardon and Oblivion, for their having re­tired with their Effects into the City of Di­nant then in Hostility with him.

Broigne, otherwise called St. Gerard.

The third of April, 1680, the said In­tendant sent fifty Horse to the Village of St. Gerard, with Order to the Mayor of the place to receive them, and Summon the Of­ficers of Justice, and principal Inhabitants to be in readiness to take an Oath of Allegi­ance to the most Christian King of fourth day after; when the Intendant, being arri­ved with a Guard of two Troops of Horse, told the said Officers of Justice, and greater part of the Inhabitants, that he was come to take possession of the place, and to ad­minister [Page 136]the said Oath, which he forced them with Menaces to take, without allowing them time to advertise their Superiors: And the Mayor having in the Name of the Commo­nalty of the place, Read and Sign'd the Oath, as drawn by Faultrier, he obliged the Pastor of the Church there to Sing Te Deum, with Oremus pro Ludovico decimo quarto. Having in his Harangue made to induce the People to take the Oath, told them, That King Pe­pin, to whom the Low Countries belong'd, being dead, a King of France succeeded him: And that the Emperour, Charles the fifth, being a Powerful Prince, had appro­priated to himself what he thought conve­nient; that they, the Inhabitants, ought not to scruple the Oath he required of them, for that it did not belong to them to dispute it, being a matter to be decided between the two Kings, and that the more powerful would carry it; since which to this day there hath been a French Garrison in the place: And the Intendant, in pursuance of the Usurpation, gave Order to the Officers of Justice there to make new Assessments: And by his Ordinance of the 17th of Febru­ary, 1681, moderated the Tax that place and its Dependences had usually been assess'd at to pay his Catholick Majesty, reducing it from a thousand Florins to three hundred.

The Right of Spain to the Broigne, alias St. Gerard.

That the Village of Broigne is of the an­cient Demesn Lands of the Earldom of Na­mur, appears by the Register above mentio­ned, remaining in the Compting-house of the general Receipt of Namur, in the year 1265, wherein the said Village of Broigne is contained and called St. Gerard: And in the Close Rolls of the Accompts of Ayds in the Chamber of Accompts of Lille, the 10th of October, 1493, it is mentioned under the Title of the Mayory of Rovignes: And in the Act of the Solemn Oath taken by William Earl of Namur, in 1360, with four Knights of his Council, nominated by Enghelbert de la Marcq Bishop of Leige, pursuant to the Agreement between them, it is express'd, that Broigne and its Appurtenances are part of the said County, and that the Inhabitants of that Territory, as well as the Citizens, of Namur, are Subjects to the Earl. Broigne ha­ving, as long as could well be remembred, been he Inheritance of the said Earl William and his Predecessors, as appears at large by the Record of the said Oath.

The Woods of Biert.

Upon pretence that the Woods of Biert, and others belonging to his Catholick Ma­jesty, are Dependents of St. Gerard, a French Captain of Dragoons was quartered there, who not only interrupted the ordina­ry Sale of Woods, begun by his Catholick Majesties Counsellor, and Receiver Gene­ral in the Woods of Biert, but forbad the Chapmen (who had bargain'd) to fall a Tree without leave under the Hand of the said In­tendant; who by an Edict of the 4th of No­vember, 1680, prohibited all Persons to fall any Tree in the Woods of Biert and Foy, or to put in any Hogs or other Beasts there, on any pretence whatever, on pain of Con­fiscation of the Beasts, and a hundred Crowns Fine; with like prohibition from Hunting in those Woods, or Fishing in the Rivers De­pendents of St. Gerard. And he that had by Grant from the Officers of his Catholick Majesty, obtained the Mast of the Woods of Biert, was obliged to give Security at St. Gerard to pay the Rent there. Besides which, the Intendant not only made several Bar­gains for Wood to be fallen there, but caus'd a great quantity of the fairest Oaks to be fallen and squared, and carried to Phillippe­ville, [Page 139]Charlemont, and Dinant. And by his Order a Chapman was Arrested and carried to St. Gerard to pay the French the price he had agreed for a bargain of Woods in 1680, made with the Officers of his Catholick Majesty, for his Majesties use. Several other Chap­men were forced to do the like, and some to quit their Bargains, and restore the Woods sold them by the Officers of his Catholick Majesty: finally, the Woodwards appoin­ted by his Catholick Majesty, were forced to take an Oath to serve the most Chri­stian King in the same Function: And the Chapmen of Falaen were forbidden to carry out of the Woods of Foy, any Wood Sold there.

The Right of Spain to the Woods of Biert.

By a Transaction and Agreement in the year 1266, between Thomas Abbot of Broigne, and his Covent of the one part, and Guy Earl of Flanders, and Marquess of Namur of the other part, upon a Controver­sie happen'd about the Woods of Biert, It was agreed, that among several other Woods, those of Biert should remain to the said Guy, who in consideration thereof, granted to the said Abbot and Covent a piece of Wood Ground, descended to him from his Ance­stors, [Page 140]as appears at large by the Agreement. In pursuance whereof, the said Guy, Mar­quess of Namur, and his Successors, have to this day peaceably enjoyed the said Woods, without any Interruption by the said Abbot and Covent, or their Successors, who have likewise enjoyed the Woods past to them by the said Guy. And if there had not been any such Transaction or Agreement, yet a Possession of four hundred years and upwards is by the Common Law of the Country suf­ficient to create a Right, which is presum'd upon continual and peaceable possession: the rather for that by the 35th Article of the Customs of Namur, there is no more required than a possession of Forty years to prescribe against the Church.

The Bailiage of Bouvignes.

The Sixth of July, 1681, the Intendant Faultrier, with the Sieur Madelan, and Charles Boron his Deputy, being come to the place of residence of the Baily of Bouvignes, caused the Officers of Justice, and some prin­cipal Inhabitants of that place to be summo­ned to swear Allegiance to France, which they did, and were the same time prohibited on pain of Chastisement to own any other Superiour.

The same Intendant sent Orders to the Officers of Justice at Gerpines, to repair to Biesme, and take the like Oath, without any Dispute, otherwise it should go ill with them, and they should be punished as disobedient.

The like was done to those of the Villages of Acos, Joncret, Villers la Potterie, Sart a la Stache, Orez, Gougines, Bois de Villers, Romree, and Turnault, Dependents of the said Bailiage. And to the Farmer of the Rents of the Mannor belonging to his Catho­lick Majesty, in the Forest of Marlaigne, who were all obliged to take the said Oath; the Intendant alledging for the ground of his proceedings the Authority of Prophe­cies, and some sayings of Wizards.

The Intendant having sent Orders to the Mayor and principal Inhabitants of Lesues and Arbre, Dependents of the same Bai­liage, to come to St. Gerard for the purpose above-mentioned; they not coming accor­dingly, Charles Boron, his Deputy, caused them to be taken in the Night by Souldiers, and carried to St. Gerard the 7th of June, 1681; where, upon their Arrival, the Com­mander prohibited them to receive any Or­ders from those of Namur, or to pay them any thing on pain of being severely punished. Orders being afterwards sent them by four French Dragoons, to come again to St. Ge­rard, [Page 142]they obey'd, and found there the In­tendant, the Sieur Madelain, and other French Officers: And the Intendant having declared to them it was convenient they should take an Oath of Allegiance to France; the said Mayor and Inhabitants ex­cused themselves; the Intendant hearing them, Ordered the Commander of St. Ge­rard to have his Men in readiness to go pu­nish those who would not obey his Orders: this so frightned the Mayor and Inhabitants, they took the Oath as required.

The Right of Spain to the Bailiage of Bouvignes.

That the Bailiage of Bouvignes belongs to his Catholick Majesty, is sufficiently made out by a Deed in 1262, remaining among the Records of the Castle of Namur, whereby it appears, that the same year Baldwyn, Em­perour of Constantinople, and Philip his Son, then Earls of Namur, by Succession after several Ancestors, had sold the Town and Castle of Namur, Bouvignes, Golsines, Vies ville, and the whole County of Namur, to Guy Earl of Flanders, whom his Catho­lick Majesty represents. And pursuant to this Sale, this said Emperour and his Son Ordered and Commanded the Inhabitants of [Page 143]the Town and County of Namur, to ac­knowledge the above-named Earl of Flan­ders their Lord, and to pay him in all things the obedience faithful Subjects ought to pay their Sovereign, which hath to this time been successively done. The Earls of Na­mur having constantly possess'd and enjoy'd with all Soveraignty the Town of Bouvignes, and the places its Dependents, particularly Enumerated in the Register before-mentio­ned of the Demesnes of the County of Namur, in 1265; called Le livre aux aisselles.

Rosee, Flavion and Serville.

The said Intendant possess'd himself also of the Villages of Rosee, Flavion, and Ser­ville, Dependents of the said Bailiage. And the Receiver General of Namur, having caused two beasts belonging to some Inha­bitants of the Village of Bois de Villers to be seized for a Debt due for some Wood sold by his Catholick Majesties Officers of the Woods. The Intendant by way of Reprisal, caused a Forge-Master to be taken and carried to St. Gerard, and thence to Philippe-ville, to be kept Prisoner there till restitution of the Beasts; the Commander of St. Gerard being informed that the Mayors of Arbre and Le­sues [Page 144]had been with the Attorney General of Namur, to acquaint him with the Prohibi­tion they lay under to pay any Taxes to his Catholick Majesty, sent a Party of Dragoons to take them, and forbad them to go any more on any such Errands without his Or­ders, on pain of being Chastised, adding, they ought not to own any Superior but France.

Ontraye.

The third of August 1681, the said In­tendant accompanied with St. Madelain, Governour of Philippe-ville, and other Of­ficers, came to Ontraye; and having caused Dieu-donne Petit Jean (his Catholick Ma­jesties Commissioner there for the Customs and Duties of Exportation and Importation) to come before him, he declared he was come to take possession of that Village, and therefore forbad him to Levy there any more Duties for his Catholick Majesty, which prohibition the Commissioner was forced to comply with: And the Officers of Justice, and several Inhabitants of Ontraye, were Commanded to meet and take an Oath of Allegiance to France, and to give in their Names to be Registred; all which was ac­cordingly Executed. And in the Woods [Page 145]of Biesme, and of Halloy, and Vieux Four­neau its Dependents; the French Officers have marked a great quantity of the fairest Trees to be fallen, and used in Buildings at Philippeville.

The Provostship of Poilvache.

The same Intendant, Faultrier, sent Or­der, Dated the 10th of April, 1680, to the Lieutenant Provost of Poilvache, importing, That as his most Christian Majesty had order­ed him to take possession of the said Provost­ship, for his Majesties use, he required the Lieutenant and other Officers of the Pro­vostship, to appear without delay at Charle­mont, to swear Allegiance to the most Chri­stian King; and to bring with them an ac­count of the Impositions Levied on their Parishes, that they might be moderated ac­cording to the Orders he had received: All this to be done on pain of being declared Disobedient, and punished accordingly.

The same Month of April, the Mayors and several Inhabitants of the Village of Houxsoubs Poilvache, were sent for by the Intendant to the Town of Dinant, to swear Allegiance to the King his Master; and up­on their refusal, he forced them to it by threatning to send Souldiers into their [Page 146]Mayoralty: After which he placed an Offi­cer there, to shew he had taken possession of the place, and put up on a Tree and the Old Tower of Poilvache the Arms of the French King, and settled a Compting-house there, and Levied five per Cent. Duty on Oats and other Corn.

And by Order of the 8th of March, 1680. sent to them of Spontin, the 10th of the fol­lowing Month, the said Intendant, Faul­trier, signified to them, that not only the Provost, Lieutenant, and Officers of the Jurisdiction and Provostship of Poilvache, but of all the Jurisdictions, its Dependents, were to appear the 10th of May following, in the Forenoon, at the House of the Burgo-Ma­ster Taboulet, in the Town of Dinant, to receive his most Christian Majesties Orders, and not to fail on pain of being proceeded a­gainst as disobedient: Pursuant to which, they of Spontin having sent to know his Inten­tions; he let them know he had Order from his Master to take possession of the Provost­ship of Poilvache: and that having been up­on the place for that purpose, he had found there only old Walls, without any Inhabitant, and was therefore obliged to require all those who dwelt within the Jurisdiction of that Provostship, to swear Allegiance to his most Christian Majesty, and the Messenger from [Page 147] Spontin should first do it, which he did, and was then told by the Intendant, they should thenceforward pay only a moiety of the Taxes and Impositions they paid his Catho­lick Majesty, from whom he forbad them to receive any more Orders.

The Mayor of Sorinnes also received Or­der, Dated the 8th of April, 1680: where­in the Intendant required him to swear Alle­giance to France, prohibiting him to ac­knowledge for the future the Soveraignty of his Catholick Majesty, or pay him any Taxes or Duties, and promising to protect him and the Inhabitants in case of Molesta­stion.

The Right of Spain to the Provostship of Poilvache.

The Provostship of Poilvache compre­hends several Mayoralties, every of which is compos'd of many Villages. And by an Act of the Month of March, 1280, it ap­pears, that Henry Earl of Luxemburgh, and Marquess of Erlon, received out of the Hands of Guy Earl of Flanders, Marquess of Namur, the Castle and Town of Poil­vache, with the Village of Oire sur Meuse, and others specified in that Act, to be held in Fee of the Marquess of Namur, and his [Page 148]Heirs the Lords and Earls of Namur, by perpetual Homage.

Pursuant to which, it is mentioned in an ancient Register of Surveys, written in Pa­per of Lombardy, in the year 1343, that the Sire de Poilvache is a Peer of the Castle of Namur, and holds of the said Castle in Fee, the Castle and Town of Poilvache, and all the Mayories belonging to it, the Mayory of Falize, the Mayories of Sorinnes above Di­nant, of Ascech. of Diwaing, of Schaltin, of Leignon and Falmaigne, and all the Towns and Houses depending thereon, and ought in all Cases to use the Law of the County of Namur.

But in the year 1344, John, King of Bo­hemia, and Earl of Luxemburgh, for him, his Heirs and Successors, sold to Madam Mary d'Artois, Countess of Namur, her Heirs and Successors, the said Town, Ca­stle, and Provostship of Poilvache, with the Appurtenances; namely, the Mayories of Poilvache, Falize, Sorinnes above Dinant, Ascesse, Diwaing, Ohey, Schaltin, Leignon, Falmaigne, and all Towns and Houses their Appendents, with all other things apper­taining to the said Provostship, held of the Earldom of Namur; (without Exception or Reservation) as also the Bann de Soy, for the sum of twenty seven thousand and four hun­dred [Page 149]Florins. And by a particular Act of the fifth of September, 1344, the same King of Bohemia Commanded all his Subjects of the Provostship of Poilvache, to do Fealty and Homage to the said Countess of Namur, having released and absolved them from the Fealty and Homage due to him.

The Sale was agreed too, and ratified by Charles, Eldest Son of the said King of Bo­hemia, and Earl of Luxemburgh, the 24th of August, 1344. And by an Act of the 12th of December, 1346, he discharg'd all the Burgesses and Subjects of the Territory of Poilvache from all Fealty and Homage, that might any way be due to him his Heirs and Successors.

This done, the Lady Mary, Countess of Namur, by Act of the 11th of September, 1353, gave her Son William Earl of Namur, and his Heirs, the said Castle, Town and Territory of Poilvache, and the Bann de Soy, with all their Appendences and Appurte­nances, High and Low Signiories, Homage and Rights whatsover.

After which, John of Flanders, Earl of Namur, sold to Philip Duke of Burgundy (whom his Catholick Majesty represents) the County of Namur, with the Territory and Provostship of Poilvache, in the year 1421: In which Territory is comprized the [Page 150]Village of Houx on the Meuse, in the Re­cord of Fealty done for the Fee, in the year 1280, mentioned before: And in the Close Rolls of the Accompts of Ayds, in the Cham­ber of Accompts at Lille, the 10th of Octo­ber, 1493: It is charged as a parcel of that Provostship.

Pondrosme.

The Intendant not satisfied with having done as much in the Village of Pondrosme, as in other the Dependents of the Provost­ship of Poilvache, Ordered the Mayor of that place to suppress the Compting-house esta­blished there, for Levying the sixtieth pen­ny.

The Right of Spain to Pondrosme.

The Village of Pondrosme, situate very near a Branch of the River Lesse, is a De­pendent of Poilvache, and as such, hath always paid Aids to his Catholick Majesty, Contributed with the County of Namur to publick Charges and Expences, and the fur­nishing Pioneers, Carriages, and other things of that Nature; received his Maje­sties Orders and Placarts by the Provost of Poilvache, and, as other Members of that [Page 151]Provostship, made Appeals to the Council of Namur: so that there is little reason ap­pears why France should have suppressed the Compting house settled there from all Antiquity, and Governed by the Under­farmers of the said sixtieth penny.

Haibes.

The same Intendant, Faultrier, sent an Order, Dated the 20th of April, 1680, and Letters of the 27th following, to the In­habitants of the Village of Haibes, requi­ring them to swear Allegiance to France; though by an Extract sent by the Counsel of Namur, Number 12, in their Letter of the 24th of November, 1680, 'tis evident the Sieur de Haibes holds the said Village in Fee, as a Dependent of Poilvache.

The Mayory of Bouvignes.

From Onhaye the Intendant with his Com­pany and Guards went to the Bann, or Ju­risdicton of Anthee, consisting in the Vil­lages of Anthee, Mavoye, Morville, and Fontaine, and took possession of it the third of August, 1681, and made the Inhabitants take the Oath required. The like was done as to the Hamlets of Chestrevin, Melin, Wes­pin [Page 152]and Metz, Dependents of that Mayory; after they having in July 1681, compelled those of the Villages of Soumiers and Rivere, Dependents of the same Mayory to take the like Oath, and made Laurence Licos, an In­habitant of Soumiers, Mayor of the place, and given the People some Money to Drink: though the Right of his Catholick Majesty to the Mayory of Bouvignes, may be clearly made out by the evidences above-mentioned, as to the Bailiage of Bouvignes.

The Bailiage of Montaigle, Falaen.

About October, 1680, the Intendant, Faul­trier, having sent three several Orders to those of the Village of Falaen (a Dependent of the Bailiage of Montaigle) to be all in readiness, came thither accompanied by Madellain, and a good number of Souldiers; and in an Harangue to the People, told them, that the Village of Falaen was a Depen­dent of St. Gerard; that it was an Estate of the Church usurp'd by Charles the Fifth; that those who had exacted Taxes and Ga­bels from them, had Committed Sacriledge; that he would restore them to their ancient Liberty; that they should pay no more Taxes or Gabels, but only some small ac­knowledgment to his most Christian Ma­jesty.

Madellain the same time told an Officer of the Bailiage, that what he then said to him, he said not as a French-man, or Governour of Phillippeville, but as an honest Leigois as he was; that he had written to them out of kindness, and the Affection he had for the In­habitants of Falaen: With that he presented them a Paper to Sign, containing in sub­stance a Promise not do to any thing against the Service of the most Christian King.

The Inhabitants refusing to Sign it, he threatned to send four hundred Dragoons to their Village; adding, they need not be a­fraid; and that they should never fall again under the Dominion of Spain; and that France had a High and Powerful Arm to protect them.

By these means and inducements the Inha­bitants were prevailed with to Sign the Pa­per, protesting nevertheless they were forc'd to it by violence: This done Madel­lain offered them Money to Drink, which they refus'd, and he thereupon threw them four Patacoons, and retired.

Anvoye and Rouillon.

The 9th of October, 1680, the Villages of Anvoye, Rouillon, and Hun were prohibi­ted to pay his Catholick Majesty any Tax, Im­post, [Page 154]or Duty whatever, or to permit any Usher, or Serjeant of Namur to Execute any Process in the said Villages; and in case a­ny such Officer should come within their Precincts, the Inhabitants were Commanded to take, and carry him bound and pinion'd to Phillippeville, to be sent thence to the Gallies: That they should try their Suits in the Courts of their Precincts, and appeal, (when there should be Cause) to the Court of Tournay.

Salez, Corbay, and Henemont.

In November 1680, pursuant to an Or­der from the Intendant Faultrier, the Far­mers of Corbay, Salez, and Henemont, De­pendents of the Bailiage of Montaigle, went to St. Gerard, where the Intendant, after some Remonstrances like those above-men­tioned, made them take the like Oath of Al­legiance to France.

The Abby of Moulin.

The Abbot and Covent of our Lady at Moulin, having after many Solicitations, refused to swear Allegiance to France, had, in July 1681, between fifty and threescore Horse and Foot Quartered upon them, by [Page 155] Faultrier's Order, where they lived at Dis­cretion a considerable time.

The Tithes of Bioulx.

Charles Boron, the Intendants Deputy, having given notice of his Intenti­ons, by Papers publickly posted, granted to him that gave most, the Great and Small Tithes of Bioulx, and the Villages adjacent, belonging to his Catholick Majesty, and De­pendents of the Bailiage of Montaigle.

In November 1680, Madellain having sent to Falaen a Captain of Dragoons, with ten Horsemen to bring thence to St. Gerard a Woodward who resided there, with the Farmers of the Fishery of the Brook of Floy­on, forbad them to pay his Catholick Maje­sty any Rent till the Difference should be de­cided at Courtray.

By an Ordinance of the 17th of February, issued out by Faultrier, the Tax assessed on the Bailiage of Montaigle, for the use of his Catholick Majesty, being a thousand Flo­rins, was reduc'd to six hundred Florins, with intimation it was done for the ease of the new Subjects of the King his Ma­ster.

In March, 1681, the Farmer of the Fishery of the Meuse before Goddinnes, a­long [Page 156] Rouillon, was disturb'd in his Fishing, till the Sieur de Goddinnes, who set it to Farm, promised Faultrier to let him see the Evidences he had of his Right in that Fishery.

The Right of Spain to the Tithes of Bioulx.

By the Records remaining in the Castle of Namur, it appears, that William Earl of Namur, bought the said Tithes the 28th of July, 1362, of Sir John Marbais, Knight, Lord of Marbais, and paid him the Con­sideration Money, as appears by an acquit­tance of the last of that Month.

The Woods of Marlaigne, Libinnes, and o­thers, and the violences us'd against the Woodwards of his Catholick Majesty.

By Order of the 19th of March, 1680, the said Intendant prohibited all Persons to out, fall, square, or take away any Tree within the Compass of the Vi-County of Libinnes, being part of the Forest of Mar­laigne, on pain of Corporal punishment: And injoyned the said Boron to see this Order Executed, and in case of resistance, or force, to have recourse to Armes.

The Right of Spain to the Woods of Libinnes.

The Land of Libinnes is a Fee held of the Earl of Namur, William of Libinnes having in a Survey of that Land, acknowledged himself a Feoffee of the said Earl, and that he held of him, by Homage, his Mannor and Tower of Libinnes, with all Lands there­in contained and inclosed, and eight Bonni­ers of Land and Meadow, more or less, with Pasture in Marlaigne, for 25 yearlings in the Woods, above seven years Growth, and Pasture for six Horses of his Team, and dead Wood to burn in his House, feeding for Hogs of his Breed: With which Fee the said William endowed his Sister; and after his Death, William his Son did Homage for the same Fee; and having granted it in Fee-Farm to John de Celles, Knight, he did Ho­mage for it to the Soveraign Baily of Namur, as appears by the Surveys of Fees held of the Castle of Namur.

By a Deed of the 28th of December, 1412. William of Flanders, Earl of Namur, for the good and acceptable Service done him by John de Celles, then his Soveraign Baily of the County of Namur, and which he ex­pected should be done him by the said John, did for himself his Heirs and Successors grant [Page 158]to the said John the Royalty, Seigniory, and High, Mean, and Low Jurisdiction of the Mayory of Libinnes, with Power to Con­stitute a Mayor and seven Eschevins, with a Serjeant for the Exercise and Execution of Justice there: He gave him also all the Rents he had in Libinnes, and whereof the Court there had Cognizance.

The said John de Celles having inlarged his Fee, by an addition of about sixty Bor­miers of Land and Meadow, which with the ancient Fee made up a hundred and thirteen Bormiers: The said Earl of Namur granted him Pasture for his Horned Beasts, and the Horses of his Team, within the Woods of Marlaigne, of above seven years growth.

And that the Limits and Bounds of the Land and Royalty of Libinnes might be known, the said Earl sent several of his Council and Officers to view it; who re­ported that the Royalty and Mayory of Li­binnes, begins at the Ditch of Rochealroux, which divides the Countrey of Leige from the County of Namur, and reaches from thence to the High way that leads into the Great Plain of Libinnes; the said High way being the Boundary that parts the Moyory of Floreffe, and the Land of Libinnes, till you come to the Choir Oke, from which Oke it extends to the way that leads through the [Page 159]bottom of Wastieux to a Maple-Tree, which parts the Mayory of Broigne, and the Land of Libinnes, and from thence it goes to the Land of the Abbot of Broigne, as well towards Broigne as towards his House.

This Land and Lordship the Earl of Na­mur granted to John de Celles, and his Suc­cessors, to be held as an entire Fee of the Earl of Namur: Saving to the said Earl, his Heirs and Successors, Earls of Namur, the Soveraignty and Judgment of Apeals: Sa­ving also, that if the Mayory of Libinnes, extended into the Woods of Marlaigne, within the Limits and Bounds above-declared, the Receiver of the Earldom of Namur, and the Woodwards, Chapmen, and Work­men, might and should exercise and enjoy their usual Powers and Priviledges in the said Woods, without any disturbance or im­peachment by the said Sieur de Libinnes, his Heirs and Successors, or any other: And that the said Sieur de Libinnes, his Heirs and Successors, or any of them, should not any way intermeddle with the Debts, Fines, or Forfeitures concerning the said Woods.

Whereby it appears clearly, that the Earl of Namur hath the Soveraignty and Supreme Jurisdiction over the said Land and Signiory of Libinnes, and that the Sieur de Libinnes is his Vassal.

It appears also, that the Woods of Mar­laigne, within the Limits and Bounds above­mentioned, belong to the Earl of Namur; and that the Sieur de Libinnes hath not any Jurisidiction there, at least as to any Fine or Forfeiture incurr'd by the Chapmen, or their Workmen, imployed in the Sales made by the said Earl: Nor can the Sieur de Libinnes claim any thing in the said Woods, but the Pasture and Fewel he holds in Fee of the Earl.

This is so clear, it needs not illustration, and is confirmed by an Extract of the old Re­pertory of Services done for the Fees held of the Castle of Namur; wherein we find, that after the said John de Celles, Gerard his Bro­ther did Homage for the said Seigniory, and Land of Libinnes, in 1427. And after him Godfrey de Celles, in 1430. And in the same year John Burquin de Supplea, who succeed­ed Godfrey, by vertue of a Devise by the last Will of John de Celles.

The 10th of March, 1445, John de Lon­champs, Lord of Fernelmont, as next Heir, recovered it out of the Hands of John de Wa­rissoul, who had taken possession of it.

The 2d of August 1461, Don William de Graux, Abbot of Broigne, did Homage for the same Land and Lordship; which came to him by Vertue of an exchange made between [Page 161]him and the said John de Lonchamps, for fourscore measures of Corn.

The Second of August, 1462, the same Don William de Graux settled the said Land and Lordship to the use of Pierart Alart, Va­let de Chambre, to the Duke of Burgundy, and his Heirs, paying a rent of fourscore measures of Corn to the Church of Broigne.

In 1469, the said Pierart Alard, Sieur de Seiron, convey'd to the use of Henry d'Ou­tremont, Receiver General of the Court, all the Land of Libinnes, with its Appen­dances and Appurtenances.

In 1488, Gyles d'Outremont did Homage for the said Land, its Appendances and Appurtenances, descended to him by the death of Nicholas his brother.

The 2d June 1495, Gyles d'Outremont the Son of Henry, sold to the Reverend Don James le Hourier, Abbot of the Church of St. Peter at Broigne, for the use of his Church, the House, Town, and Land of Libennes, its Appurtenances and Depen­dences, without Exception or Reservation; and the Abbot did Homage for the Fee.

The last of September, 1503, Don Willi­am de Beyn, Abbot of Broigne, did Homage for the House, Town, and Land of Libin­nes, its Appurtenances and Dependences, [Page 162]as James le Hourier, his Predecessor, had enjoy'd them.

The 11th of May, 1507, Don Thomas Baudery, Abbot of Broigne, did the like: The 28 July, 1513, Don William Cauliere, Abbot of Broigne, by the Resignation of the said Thomas, did the like: And the 3d of July, 1551, Don Benedict de Mailey, Abbot of Broigne, did the like.

The 6th of September, 1584, Francis de Walon Capelle, Bishop of Namur, Prelate of Broigne, and Sieur de Libinnes, did Ho­mage for the same Land and Lordship of Libinnes: The like was done the 13 of Ju­ly, 1598, by the Right Reverend Father in God James Blaseus, Bishop of Namur, and Prelate of Broigne; and afterwards, by John Davin, Bishop of Namur, and Prelate of Broigne; and since by Enghelbert de Bois, Bishop of Namur: And in 1664, by John de Wactendoncq, Bishop of Namur, and Prelate of St. Gerard. And lastly, the 14 September, 1675, by Ignatius Austin de Gro­bendoncy, Bishop of Namur, and Prelate of St. Gerard, last deceased.

By which it appears, the Homage, suc­cessively done, and continued several Ages, for the Land and Lordship of Libinnes, was pursuant to the Survey made by William de Libinnes, and the Feoffment from the Earl of Namur to John de Celles.

This being so, the Prelate of the Abby of St. Gerard, annexed to the Bishoprick of Namur, can pretend to no more, than what is contained in the said Survey of the Fee of Libinnes, being only Pasture and Fewel in Marlaigne, belonging to the Earl of Namur, and some kind of Jurisdiction on Marlaigne, as inclos'd within the limits of the Lordship of Libinnes, with an Express Exception and Reservation of Competent Jurisdiction to the said Earl, and his Officers, in all matters of Fines and Forfeitures in the Woods, which, by the Feofment or act of Donation, the Count hath expresly reserved to himself.

So that the Seizure of the Woods of Lib­binnes, and of Marlaigne, lately made by the French, is a manifest and notorious U­surpation, considering the Evidences above mentioned, and his Catholick Majesties possession of the said Woods several Ages.

True it is, That under the Jurisdiction of Libinnes, there are two little parcels of Wood, containing about sixteen Bonniers more or less, called the Sarts or Sauts, and belonging to the Abbot of St. Gerard, as Sieur de Libinnes: But they are distinct and separate from those of Marlaigne, and we grant the Propriety, as the Possession of them belongs to the Prelate of St. Gerard.

By this it appears, His Catholick Maje­sty [Page 164]hath a clear and unquestionable right to the Woods of High Marlaigne, within the Mayory of Libinnes; though we should allow the bounds of that Lordship to extend as far, and comprehend as much, as the French have unjustly, according to their Custome, lately pretended, taking from his Catholick Majesty, what lawfully belongs to him.

Marlaigne.

His Catholick Majesties Officers of the Woods, being gone to the Woods of High- Marlaigne, to mark the Fewel due to the Abbot and Covent of St. Gerard, found there the Receiver of the Abby; who told them, he had Order from the Abbot, and the French Captain of Dragoons quartered, and St. Gerard, not to receive the said Fewel within the Limits of Libinnes: And if they marked any there, the Captain would come in search of them, and take them Pri­soners, by Order given him to that effect, by the Intendant Faultrier.

The French Officers have marked abun­dance of Trees, to the quantity of 400 or 500 Bonniers of Timber, pretending them to be Dependents of Libinnes, and Con­fiscated Woods, fallen by some Chapmen, [Page 165]pursuant to their Bargains with the Offi­cers of his Catholick Majesty, and driven away the Workmen they imployed.

The 13th of April, 1681, Boron, and the Captain of Dragoons having, by Posted Bil­lets, summoned several Timber Merchants to appear at Libinnes, and declared to them, That if they made appear by Acquittance, they had paid for their Bargains at three se­veral Sales, and would pay them in eight days, the value agreed at the last Sale in Octo­ber, 1680: They would permit them to en­joy their Bargains, and go on with their business, otherwise they would Confiscate the Wood, they had fallen.

Yet one of them, having produc'd his Ac­quittances, was nevertheless carried to St. Gerard, upon pretence, he had not paid Boron the value, he had agreed for, at the Sale made by the Officers of his Catholick Majesty, in the year 1680, in the Woods of Biert.

The 4th of November, 1680, the said Captain of Dragoons, having caused Bene­dict Noel, Stephen Copee, and John Melez, his Majesties Woodwards in the Quarter of Biert, to be called before him, Ordered them to go presently to the said Intendant, to declare, whether they would serve him in their Offices, and make report to him of [Page 166]the Trespasses and Offences, committed in the Woods, for four Months past, and that should be committed there for the future: Other­wise he would imploy others in their places; And indeavoured to make them shew him all the Trees marked at the extraordinary Sale, the 3d of June, 1680, saying, they be­longed all to France.

The 13th of November, 1680, the said Captain, with four Dragoons, found out the said Noel, and ask'd him, why he went not to receive Orders, and make his Re­ports? who answering, he was forbidden by his Superiors; the Captain reply'd, he must do it, or be carried away by the Soldiers, and put into a Dungeon: To which he ad­ded Invectives and Threats against many of the Woodwards, who had reported to his Catholick Majesties Officers at Namur, what the French did in the Woods of Mar­laigne.

The 16th of November, 1680, Madellain, being at St. Gerard, and having sent for Stephen Copee, and Benedict Noel thither, partly by Promises, and partly by Menaces, and detaining their Parsons, made them sign a Declaration, whereby they approved the Oath taken by them of Falaen and Er­meton Sur-Biert. Madellain telling them further, that if they of Namur should trou­ble [Page 167]them on that account, or any person authoriz'd or imployed by the French, they would Arrest some Officer of his Catholick Majesty, or some Rich Farmer, till they were indemnified. And that they ought to make Report to him, or the Captain quar­tering at St. Gerard, of Trespasses done in the Woods, and give them notice of all Orders and Billets posted up by the Officers of Namur.

Paul Philibert Gobert, a Subject of his Catholick Majesties, and Partner with Je­rom Bonchat, having obtained a Grant of the Master of Weillen-woods, received a Let­ter, Dated the 9th of Decenber, 1680, re­quiring him to put in Security at Dinant, or some other place of the French Conquests, to answer for the Profits of his Grant. Bo­ron having, by Letter of the same Date, ordered Bouchat to detain Goberts Hoggs, till he had paid the Charge of their running there. And Gobert having not put in Secu­rity, as required; Boron, with a great num­ber of Soldiers, drove away his Hoggs, and kept them at Falaen, till Gobert gave Security.

The 11th of March, 1681, his Catholick Majesties Officers of the Woods, being at High- Marlaign, to Mark and sell Timber there; the Captain of the Dragoons came [Page 168]upon them with ten or twelve Soldiers, to hinder their Marking, telling the Chapmen he would not permit a stick to be carried a­way without order from Faultrier.

The Spanish Officers, protesting against this Violence, the Captain answer'd, he had ex­press Order from the King his Master, to watch and observe whatever was done in the Woods, and to give him notice.

And when some of the Chapmen would have fallen the Woods bought at the Sale in November 1680, of his Catholick Maje­sties Officers, the Captain hindered them.

Bills were put up on the Church doors of Floreffe, Arbre, Lesves, Profondeville, and St. Heribert, to signify, that the 15 of July, 1681, a Sale of Timber should be made in Marlaigne Woods, for the use of the most Christian King, by Deputy Boron; which was accordingly done, the 16 and 17 of that Month, at Geraumont in High Marlaign, and afterwards at Brocteaux, and elsewhere.

The like had been done by the French, the 21 of March, 1681, near the Parkfall towards the bottom of Beaury, when they sold to new Chapmen, the Wood sold by his Catholick Majesties Officers, at the ex­traordinary Markage, on Condition they would put in Security for the value to France at St. Gerard or Dinant.

Besides, Boron marked a number of Trees unsold, and said, it was for repairing the Ab­by of St. Gerard.

From the Parkfal and Beaury bottom, he went to Spittechamps, where he made Sale of all the Wood standing or fallen, which had been mark'd and sold by the Officers of his Catholick Majesty.

From thence he went near the Woods called Sartes, or Sautes, belonging to the Abby of St. Gerard, and made Sale to him, that offered most, of the Wood his Catho­lick Majesties Officers had marked and sold.

So that the French, in the Limits, them­selves have set to the Woods they pretend to have usurp'd in High Marlaigne, six or seven hundred Bonniers of Wood, belonging to his Catholick Majesty: In a word, the whole Forest of Marlaigne within an hour and a halfs journey of the Castle of Namur.

In June 1681, Faultrier took the Liber­ty to tell Lewes Moreau, his Catholick Ma­jesties Receiver of the Duty for Importati­on and Exportation, that he would set up the Arms of France, close to the Castle of Namur, and perhaps would make it appear, the said Castle is situate upon the same Ter­ritory with the Woods of Marlaigne. And that in a short time, he would forbid any [Page 170]stick to be taken for the use of the King of Spain, out of the Woods of Marlaigne.

To Conclude, the French have caused the Woods of Wellein, Delhee, and Faulx being Dependents of Biert, to be measured in order to a Sale of them (as the other Woods) for their proper use.

The Right of Spain to Anhee.

That the Territory of Anhee, with its Appendences, consisting in the places fol­lowing, viz. Anhee, Mets, Grainge, Ro­stenne, Haux le Wasteau, Ohey, Hontoir, Riviere, Chestrevin, Melin, Mestprin, Flun, and Welin, Onhaye, Marine, and Soumiers, are Dependents of the Province of Namur, ap­pears, First, By the Register, remaining in the Office of the General Receipt, Intituled on the Cover, The Register of the Demesnes of the Country of Namur, Ann. 1265, where, among others, in the Chapter of Bovignes, all the places above-mentioned, are particu­larly enumerated in so many several Chap­ters, in every of which, it is expresly De­clar'd, That the Earl of Namur hath, in e­very of those places, Right of Subsidies and Tallies, and several other Rights, there par­ticularly set forth.

It appears, Secondly, by the first Volume of the Old Repertory, in the Enumeration of the Fiefes of the Soveraign Bayliage of this Province, that several of the said places; to wit, Wespin, Hontoir, Flun, Chestrevin, and others, are Fieses held of the Castle of Namur, where the Homage of the Tenants, done two or three Ages since, remain of Record, as also in the Register of the Fiefes of the Bayliage of Bovignes.

Thirdly, It appears by an old account, Heard and Decreed in the Chamber of Ac­counts at Lille, the 10th of October, 1493, for the Aids granted in the year 1491, by the Members of the three Estates of this Province; That Anhee is comprized in the Bayliage of Bovignes.

It appears further, by the Accounts of the years 1559 and 1562, of the Aids of the Spirituality of the Province, that Sou­miers, Ohey, and Outr [...]y, have, as Depen­dents of the Mayory of Anhee, been As­sess'd towards payment of the said Aids, granted by the said States.

Lastly, It appears by the Register of Sur­veys, made by the Deputies of the Gover­nour of this Province, that the Mayoralty of Anhee, and all the places abovementi­oned, are integral parts of the same Pro­vince.

Profondeville.

The like Order was sent to Profonde­ville.

The right of Spain to Profondeville.

It appears by a Record of the year 1212, in the Castle of Namur, that by the Medi­ation of Arbitrators, there named, an Agree­ment was made between the Chapter of Hay, and Philip, Marquess of Namur, con­taining, among other things, That all that Wood, called Profondeville, with all Right Property, and Dominion therein, shall re­main to the Lord of Namur and his Heirs, saving to the Inhabitants of the place, their Right and Custom of Fewel, Pales, Rods, Buildings, &c. in the same Wood.

By another Record of the year 1341, in the Castle of Namur, it appears that Profon­deville, is part of the County of Namur; and that Philip de Juppleu did Homage to the Earl of Namur, for a House and Gar­den he had in Profondeville.

It appears also by the Register of the year 1265, that the Earl of Namur hath right of Taxing the Tenants of Profondeville, and receiving other Duties, there particularly mentioned.

Moreover, Profondeville is returned with­in the Bayliage of Bovignes, and according­ly assess'd at a certain sum, in the said ac­compt of Aids of this Province, granted at Lille, in 1493. As also in the Accompts of the years 1559 and 1562, of the Aids of the Clergy of Namur: And in the Regi­ster of Surveys, made in the year 1602, in the Survey of the Bayliage of Bovignes, Profondeville is mentioned as an integral part of the Province of Namur.

Aveloy.

Faultrier sent an Order, the same in ef­fect with that above-mentioned, to A­veloy.

The Right of Spain to Aveloy.

By the Register abovementioned, of the year 1265, it appears, that the Earl of Na­mur, hath Right of Tallage, Mortmain, Escheats, and many other Rights (particu­larly exprest there) in Aveloy.

And by the Register of Fiefes, Aveloy is a Peerdom, holding of the Castle of Namur, a moiety of which Peerdom belongs to the Abbot of Floresce, and the other Moiety to the Lord of Ham, on the Sambre. And the [Page 176]Abbot, as well as the Lord of Ham, have e­ver since the year 1361 to this day, done Homage for it to the Earls of Namur, from time to time.

It appears also by the said Account of Aids of the year 1493, That Aveloy is Re­turned and Assess'd within the Bayliage of Bovignes; as also by the Accounts above­mentioned, of the Aids of the Clergy, in 1559 and 1562: And in the Register of Surveys of the year 1602, it is returned, as Part of the County of Namur.

Wepion.

The said Intendant sent like Orders to Wepion.

The Right of Spain to Wepion.

It appears by the Register of a Survey of the Banlieu, or Capital place of the Town of Namur, in 1601, by William Rancet, Lieutenant Mayor, in pursuance of an Or­der of the Mayor and Sheriffs of Namur, That Wepion is a Member of the said Capital place, and appeartains to it with all the Houses and Heritages thereof.

The Le Chasteau, and its Dependents.

The Inhabitants of Thy Le Chasteau, and its Dependences, received an Order to the like effect, and Dated, as That before men­tioned.

The Right of Spain to Thy Le Chasteau.

It appears by two Letters remaining a­mong the Records in the Castle of Namur, of the years 1289 and 1290, that Gerard Lord of Thier erected a Fiefe in the Burgess­ship of Thier, and made a Gift of it to the use of Simon de Neuville, and had the Li­cence of the Earl of Namur for so doing.

By another Record of the year 1322, it appears, that the Steward of Haynalt holds the Land of Thy of the Earl of Namur.

And by the Register of the year 1265, that the Earl of Namur hath right to Com­mand all the Inhabitants of Thier, to attend him in the Army, and to provide Horses and Carriages for his Progresses and Jour­neys, or to pay him Composition for the same.

By the old Repertory of the Fiefes, it ap­pears, that John Lord of Werchin, Seneschal of Hamault, is Liegeman to the Earl of Na­mur, [Page 178]and did him Homage for all his Ter­ritory of Thier; to wit, the Castle-house and Towns of Thier, Castle Feroul, Line, Tarsinne, The Jurisdiction of Rabusee, Som­zee, Gourdins, with all and every their Ap­purtenances. And that from the year 1367, James Lord Werchin, Steward of Hamault, and his Successors from time to time to this day, did Homage to the Earl of Namur for the said Territory.

The same Territory of Thy Le Chasteau, is Charged and Assess'd at a certain sum, both in the said Accompts of Aydes, in the year 1493, and of the Aids of the Clergy, in 1562.

And by the Register of Surveys in 1602, 'tis clear, that Thy Le Chasteau is part of the Province of Namur, and Bayliage of Bo­vignes.

Ayseaux, le Reux, and the Abby of Ognyes.

The like Order of the 29th of September, 1681, was sent by Faultrier to the Mayor, Sheriffs, Officers at Law, and Inhabitants of the Village of Ayseaux, le Reux, and Og­nyes, with their Appendents and Appurte­nances.

The Title of Spain to the places last above­mentioned.

As to Ayseaux, there is in the Castle of Na­mur, a Record of the year 1334, concern­ing the difference between the Duke of Brabant, and Earl of Namur, about Ay­siaux, which was referred to the Arbitration of the French King, and other Lords there named, wherein it is awarded, that the Earl of Namur shall use Soveraign Jurisdiction in Ayseaux.

By another Record of the year 1343, in the same Castle, mention is made of an A­greement concerning the Land of Ayseaux, whereby John, Duke of Brabant, released the Right, he claimed to the said Territory to the use of William, Earl of Namur.

By another Record of the year 1350, the French King being chosen Arbitrator be­tween the Duke of Brabant, and the Earl of Namur, about Ayseaux, Awarded, that the Prior of Ognyes should receive and keep the Rents and Profits of the Territory of Ay­seaux, till Determination of the matter in Controversie between the Parties.

By another Record of the year 1357. Wencestaus, Duke of Brabant, and William, Earl of Namur, surrendered their right to [Page 180] Ayseaux into the Emperors hands, with Power to dispose thereof, as he should think fit. Since which, Ayseaux was granted to the Duke of Brabant; and John, the first of that name, gave it to his Son John, the Ba­stard of Braban, surnamed Brant, whose Mother was a Daughter of that House, the Land and Lordship of Ayseaux, with the Ap­purtenances, to be held in Fee of the Duke. The present Marquess d' Ayseaux is a Descen­dent of the said Brant, and in Right thereof, sits in the States of Brabant, as appears by the Feodal Registers of Brabant, and by Christopher Berken's Trophees of Brabant: Printed in 1641, fol. 448, &c. 653, &c.

N. The beginning of October, 1681, the French posted themselves at Wepion, close by Namur, and hindered the Importation of any Grain into Na­mur, by Land or by Water; and for that purpose, seiz'd several Sacks of Corn, and Horses that came from Villers; and searched all the Boats that came down the Meuse.

The Fishery in the Meuse at Wepion.

The French have prohibited his Catho­lick Majesties Farmers of the said Fishery [Page 181]at Wepion, and thereabouts, and taken a­way the Fish; they had taken, pretending, that the said Fishery belong'd to the most Christian King.

Besides, Faultrier made an Ordinance, Dated the 10th of September, 1681, to all Persons any way accomptable for the De­mesnes of his Catholick Majesty, between the Sombre and the Meuse, to make Pay­ment of what is in their hands, to N. Boron, and his Order. And sent a Billet without Date, whereby he gave notice, he would at nine in the morning at Falaen, sell to him, that bid most, the most of the Forests of Biere, of High and Low Marlaigne, of the Forest of Marly, the Forests of Biesne, old Tournan, Halloy, the under-Woods of Wellan, Hez, Bruaire, Feroniar, and Ford, all situate between the Sambre, and the Meuse, and belonging to his Catholick Ma­jesty.

The Right of Spain to the Fishery and Forests.

By a Placart of His Majesty, Decreed and Publish'd in the year, 1591, concerning the Isles in the Meuse, and grounded upon an ancient Record of that Country, it appears, his Majesty, as Earl of Namur, hath the [Page 182]whole Course of the River from beyond Saulx a Revin towards France, to the Pop­lars of Ardem, and Rieu d'Alim, near the Town of Huy, with full Seigniory and Ju­risdiction.

As to the Forests of Biere, &c. it ap­pears by a Record of the year 1324, re­maining in the Castle of Namur, that a cer­tain Lady granted and transferred to the Earl of Namur, the Wood of Marliar: As for those of Biert, Bresne, Marlaigne, and others; see, what hath been said before, concerning them.

Floreffe.

An Ordinance, Dated the 28th of Sep­tember, 1681, was posted up by night in Floresse, whereby, the said Intendant Prohi­bits the Transportation of Grain out of the Territories, under the Dominion of France, Commanding the Guards, and others, to stop their passage; to seize the Horses and Carriages, and the Boats, if any pass loa­den with Grain; and to Confiscate them to the use of the Farmers of his most Christi­an Majesty; though the Village of Floreffe is notoriously known to be within the Do­minions of Spain; and the French have not yet possess'd themselves of it; so that 'tis [Page 183]superfluous to add any more on that Sub­ect.

Spontin.

An Ordinance to the like effect, was sent by Faultrier, to Spontin, and divers o­ther Villages of this County, with a Prohi­bition to the Mayor, Sheriffs, and Inhabi­tants of Spontin, to pay any Tallage or Aids to his Catholick Majesty, on pain of Dis­obedeince.

The Title of Spain to Spontin.

By a Record of the year 1377, in the Castle of Namur, it appears, that the Lord of Spontin owns the Earl of Namur to be his Lord, and confesses, he bought of him the Mill of Spontin for some Bushels of Corn, to be delivered into the Granaries of the Ca­stle of Polvache.

Besides, in an old Register of in the Offiec the Soveraigne Bayliage; Intituled, The Re­gister in Parchment; it appears in the Chapter of Poilvache, that William Lardienoy, held of the Earl, and did him Homage, for his Ca­stle, Lordship, and Territory of Spontin; to wit, the Town of Spontin, and its De­pendences, there set forth at large.

In the said Account of Aids, of the years 1491 and 1562, Spontin is Assess'd among the Villages of this Province.

And in the Register of Surveys, of the year 1602, it is mentioned to be part of the Provostship of Polvache, and being a Mem­ber thereof, the Title of his Majesty of Spain is further cleared to Spontin, by what is be­fore said of his right to that Provostship.

Gerpinnes.

Faultrier sent to Gerpinnes, situate be­tween the Sambre and the Meuse, an Or­der, Dated the 4th of November, 1681, Prohibiting the Inhabitants to receive any Orders from his Catholick Majesty, or pay any Toll, Taxes, or Duties to any Person whatever, but such as should be Commissi­oned by him the said Faultrier, with fur­ther Order to all Gentlemen and others, ha­ving right to sit in the Assembly of the States of this Province, and all other Lords and Inhabitants in the Lands and Villages in the possession of France, that for the future, they forbear Sitting in the said States, on pain of being proceeded against as Disobe­nient.

The Title of Spain to Gerpinnes.

It appears by Register abovementioned, of the year 1265, that the Men of Gerpin­nes are not only obliged to follow the said Count of Namur into the Wars, and to pro­vide Horses and Carriages for his Progresses and Journeys, but he hath also right of Mort­main, Escheat, High Justice, and other Rights there specified, over them.

Besides, Gerpinnes is one of the Seven­teen Villages, heretofore in Controversie be­tween the Bishop and Chapter of Liege, and the Earl of Namur; touching which it was agteed between the Parties in the year 1360, that the Earl and four of his Knights, there named and chosen, on the part of Bi­shop and Chapter, should swear, that the said Villages did belong to the said Earl; that they descended to him from his Prede­cessors, who had enjoyed them time out of mind: And that the said Bishop and Chap­ter had not possessed or enjoyed them: And that they did not any way belong to them; that in case of such Oath made, the said Bishop and Chapter would restore to the said Earl, the possession of the said Seven­teen Villages. The Earl accepted the Con­dition; and he and his four Knights, one [Page 186]after another, took solemn Oaths upon the Holy Evangelists, to the effectaforesaid: the Form of the Oath being entred at the bottom of a Parchment Roll, wherein the Rights and Dependences of every of the 17 Villages were set forth at large. All this being done, in presence of the said Chapter, and four Commissioners appointed by them, who administred, received, and accepted the said Oath; notwithstanding all this, the said Bishop and Chapter refused to restore the Count to his possession of the 17 Villages, accord­ing to the agreement, whereupon the Count obtained, in the Court of Rome, four Decrees for possession, by which the Bishop and Chap­ter were Condemned, to restore to the Count the possession of the Villages, and to ac­count to him for the mean Profits, they had received.

Pursuant to these Decrees, Execution was awarded by the Cardinals, deputed by the Pope, and a Commission given by the Bishop of Liege, for restoring to the Count, the possession of the 17 Villages, which was accordingly done.

Moreover, By the Paper List of the Fiefes of the Bayliage of Bovignes, holding of the Castle of Namur, it appears, that John le Rouleux was a Liegeman and Homager to the Earl of Namur, for the Vi-county of Ger­pinnes, [Page 187]and all its Appurtenances; and John de Graux did Homage for it in 1426.

In the Accounts of the Aids of the years 1493, 1559, 1560, 1562, Gerpinnes is Assessed as a Member of the Province of Namur, and is accordingly returned in the Survey of 1602.

Sorinnes sur Dinant, Ayseaux, Viley la Po­terie, and Wepion.

The Intendant Faultrier caused an Order to be delivered to the Mayor, Sheriffs, and Inhabitants of Sorinnes, to oblige them to swear Aliegiance to France; which they ac­cordingly did, as appears by Certificat from J. de V [...]nsaigne, Lord of that place, to the Attorney General Cuvelier.

In October, 1681, the French Ministers sold, to him who bid most, the Woods of Marlaigne, Biert, and other places.

The Officers of his Catholick Majesty, having thought fit to demolish the Hermi­tage of St. George, situate upon a Hill, o­ver against the Fortifications of Sorinnes, and within Musket-shot of them; the Gover­nour of Chilipville made great Complaints of it to the Prince of Barbanson, Governour of this Province; and threatned, by a Let­ter on that Subject, to proceed by way of [Page 188]reprisal, for the Demolishing the Hermitage; pretending, that the Hermitage being be­tween the Sambre and the Meuse, it was a Dependent of the Villages and Places, France was in Possession of, and subject to the Pretensions France, hath upon that Country.

The Mayoralty of Anhee.

Faultrier sent an Order, Dated the 4th of November, 1681, to the Inhabitants of this Mayoralty, expresly commanding all Gen­tlemen, and others, having right to Sit in the States of this Province; or being Lords or Inhabitants of any Villages within the French Conquests, that they forbear Sitting in the said States, for the future, on pain of being punished, as Disobedient: And that the Mayor, Sheriffs, and Officers at Law, of the Lands, owing Fealty to France, and summoned to do it, should not receive any Order, or pay any Tolls, Taxes, or Duties to any, but such, as should produce Commissi­on from Faultrier.

The like Order was sent by him to the Inhabitants of Ayseaux, and its De­pendents, and other Villages of this Pro­vince.

And by Order of the 14th of November, 1681, sent to Vilers la Poterie, between the Sambre and the Meuse, and a Dependent of the County of Namur, he Comman­ded the Inhabitants there, to deliver at Philipville a quantity of Forage, several Measures of Oats, and Trusses of Straw.

The like Order was sent to Wepion, for the Inhabitants, there to furnish Dinant with three thousand Trusses of Hay, 4 Measures of Oats, and a hundred Trusses of Straw, with Threats in case of Disobedience, to send thither Horse-men and Dragoons, to fetch away that Forage.

The 17th of November, 1681, the Inha­bitants of the same place had Order to go to Philipville, to swear Allegiance to France, and because they obeyed not those Orders, some French Soldiers, carried away to Di: nant two of the Inhabitants of Wepion, whom Faultrier threatned with Plunder and Fire, unless the Inhabitants of Wepion would swear Allegiance to France, before the end of November.

The Titlh of Spain to the places last emen­tioned.

Sorinnes is one of the Villages mentioned before, and belongs to Spain by the same [Page 190]right, that Gerpinnes doth; besides which, it appears, by a Grant of the Provostship of Poilvache, made by an Earl of Luxemburgh, to an Earl of Namur; and by the Accounts of Aids, granted in the years 1493, 1560, and 1562; and by the Register of Surveys, in 1602, that Sorinnes, is a Member of this Province.

His Catholick Majesties Right to the Mayoralty of Anhee, Ayseaux, and Wepion, hath been made out before: And as for Villers la Poterie, it appears by the Register of 1562, that the Earl of Namur is Lord of Villers; and that the Inhabitants there owe him suit to the Wars, provision of Horses and Carriages for his Journeys; and that he hath right of Mortmain, and all other rights of Seigniory there.

The Provostship of Poilvach, and Bann of Leignon.

In November, 1681, the Mayor, Sheriffs, Officers at Law, and Inhabitants of the Li­berty of Liegnon, depending on the said, Provostship, received Order from Faultrier, to appear the 15th of that Month at Dinant to swear Allegiance to France, with Pro­bition to receive, for the future, any Order, but what came from him.

Ivoir.

The same Faultrier, by his Order, Dated the 15th of the same Month, Prohibited the Inhabitants of Ivoir, as a Member of the Provostship of Polvach, to own own any Soveraign, but the most Christian King, on pain of being punished, as Rebels.

The Sieur de Liseigne, having by Petition to Faultrier, complained of two Decrees the Councel of Namur had pronounced, in favour of his Sister, and the Executions served, pursuant to the Decrees, upon his Estate in Ivoir: Faultrier, by his Answer to the Petition, Reversed the Decrees, and Prohibited, on pain of Reprisal, all Execu­tions there of, in the Villages in the Possessi­on of France.

Chaltin, Emptines, Spontin, Ohey, Halliot, Goesne, Hodomont, Walay, Wauremont, Asses, Corier, and the Mayoralty of Ren­darch.

The same Intendant sent two Orders, Dated the 14th and 26th of November, 1681, to the Mayor, Sheriffs, and Inhabi­tants of the Villages of Chaltin, Emptines, Spontin, Ohey, Halliot, Goesne, Hodomont, [Page 192]Walay, Wauremont, and Asses, situate be­yond the Meuse, and Dependents of the Provostship of Poilvache, and to the Inha­bitants of Colier; and the Mayor and She­riffs of the Mayoralty of Rendarch, which comprehends several Villages: By the First, they were to deliver to Courbiet, at Dinant, a quantity of Hey, Oats, and Straw. By the Second, they were prohibited to receive any Order from his Catholick Majesty, or his Ministers, or to carry any Money into the Receipt of his Demesne, for Impost, Tal­lage, Subsidies, or on any other pretence whatsoyver.

By Billet, Dated the 25th of November, 1681, the same Intendant Commanded Philip Houyoux, Deputy Provost of Poiluache, to appear immediately in the Town of Di­nant, to receive such Orders, as should be given him, on the behalf of France.

Falmaigne.

An Order of the same Intendant, Dated the 26th of November, 1681, was deliver­ed to the Mayor, Sheriffs, and Inhabitants of Falmaigne, a Dependent of the Provost­ship of Poilvach, forbidding them to receive any Order from his Catholick Majesty, or his Ministers, or to pay any money into his [Page 193]Exchequer, on any pretence whatsoever.

Ash in Rendarch, Eurehailles, Godines, Gesnes, Ivoir, and Champall.

The said Villages, all Dependents of the Provostship of Poilvach, received several Orders from Faultrier, forbidding them to pay any Duties, in Obedience to any Order of the States of this Province; and com­manding them not to receive any Order, but what came from him.

The 30th of November, 1681, thirty or forty Dragoons, under the Command of N. Boron, Faultriers Deputy, came to Ivoir, and, by ringing a Bell, summoned all the Inhabitants together, and by word of Mouth, repeated to them the Orders above­mentioned: Having past thence to Godines, Boron asked John Charlett, one of his Ca­tholick Majesties Woodwards in Hanwez, by what Authority he had on the 28th and 29th of November, measured the Woods of Hanwez? the Woodward replying, he had done it by Order of his Catholick Maje­sties Officers, his Masters: Boron forbad him to do so again, on pain of being Hang­ed, or sent to the Gallies.

The Mayoralty of Houx, and its De­pendents.

Faultrier sent Orders to the Inhabitants of the Mayoralty of Houx, a Dependent of Bovignes, to the same effect as the Orders sent to the Provostship of Poilvache; which Mayoralty consists in the following Villages, Lisoigne, Avaigne, Purnode, Eurehailles, Ivoir, and Godines, with the Hamlets of Lois, Faiginoule, Champal, Venate, Futvoye, Frappeul, Fresne, and Talfier, all situate beyond the Meuse, and Dependents of the Province of Namur.

In December, 1681, the French quarter­ed Dragoons in the strong places and Ca­stles of the Provostship of Poilvach, where they continue at the charge of the Coun­try.

The Right of Spain to all the Places last men­tioned, within the Provostship of Poilvach, and Bann of Leignon.

The Bann or Liberty of Leignon, and the Villages above-mentioned, are Depen­dents of the Provostship of Poilvach, which by the Register of Surveys of the year 1602, consists in the following Villages, the Mayo­ralty [Page 195]of Rendarch, which comprehends Lou­stin, Ronchines, Ivoy, Ash, Mallien, Cori­er, Corioule, Long Sorinne, Porin d'Asses, Miltier, Jassoigne, the Fields of Jassoigne, Wauremont, Ohey, and Walbet, with other Appendences, Halliot, Sey, Mohiville, the Appendents of Sey, Chaltin, Maibe, a Dependent of Chaltin, Fusee, Waulin, the Liberty of Leignon, Leignon, Chapoy, Ouechippe, Rouvaux, Corbion, Falmaign, and Barsinalle, Sorinne snr Dinant, Borsell, Gesnes, Emptines, Emptinal, Natoye, Fon­tam, Campilion, le sart, Spontin, Goesne, Fille, Hodomont, Hous en Famerme, Hary­nies, the two Bourseignes, old Bourseigne, Mesinil, St. Blaise, Hailes, Prondrosme, the Mayoralty of Houx, consisting in the Land of Eurehailles, Broche, and Gayolle, incor­porate into the Town of Bovignes, Ivoir, and Furvye, Venate, Hour, Champal, Hu­gomont, Rbockmont, Godines, Monts, and Chavaux, Frappeul, Fresne, and Talfier, Awaign, Lisoigne, Teroul, Loyers, and Pur­mode, of which France hath taken possessi­on.

That the Provostship and Villages above­mentioned, belong to his Catholick Maje­sty, hath been already made out, and may further appear by unquestionable Eviden­ces, and Records of the years 1280, 1343, [Page 196]1344, 1346, and 1353, containing the Sale made of that Provostship, and the Mayoralties, depending of it, by the Earl of Luxembourgh, to the Lady Mary d' Ar­toy, Countess of Namur: The Confirma­tion of the same Sale, by Charles, eldest Son of the said Earl; and the said Earl and his Sons discharging their Subjects of the said Provostship of the Homage due to them; with Order to acknowledge the Countess of Namur their Lady, as they had done the Earls of Luxemburgh their Lords, and pay her for the future the like Duties they had formerly paid the said Earles, to which the said Earls, to which may be added the Gift the said Lady, made of the said then Provostship to William her Son Earl of Namur.

Besides which, we find an Agreement made by the Mediation of the Emperour, Between Wenceslaus, Duke of Luxemburgh, and Brabant, and the said William, Earl of Namur, whereby the said Duke releases all Right, he or his Heirs might any way claim to the Castle, Town, and Provost­ship of Poilvach, with its Dependences, and to the Liberty of Sey; and agrees that the said Earl shall enjoy the same, by vertue of the said Sale, made by his Predecessors to the Lady Mary d' Artoy; in consideration whereof, the said Earl of Namur, released [Page 197]on his part, all Right to Mirwart, Long­preit, and some other Villages of the Coun­try of Luxemburgh.

Add hereto the said Accounts of Aids of the years 1493, 1559, 1560, and 1562, where the Villages of the said Provostship have been all Assessed as Members of the Province of Namur.

To come to particulars, Emptines, Natoye, and Sorinnes sur Dinant, are part of the se­venteen Villages above-mentioned, as ap­pears in the Chapter of Gerpinnes.

Spontin we have already spoken of par­ticularly.

As to Halliot and Menceau, we find an Award between the Earl of Namur, and the Chapter of Ardenne, Decreed in 1384, and remaining of Record in the Castle of Na­mur, whereby it is declared, that the Seigni­ory of Halliot and Manceau belongs to the Earl of Namur.

As to Loustin and Mallien, there is an Agreement made between the said Earl and the Chapter of Huy, in 1400, whereby a­among other things it appears that the Earl of Namur, is Lord Paramount of Loustin, and Mallien.

As to Awaigne, it appears by a Record of 1384, that Chabot, as a Descendent of the House of Awaigne, acknowledged [Page 198]he owed the Earl of Namur, in Right of his Castle and Lordship of Poilvach, the Ser­vice of Person and Teem, and other Duties there particulary set forth.

As to the Ban or Liberty of Leignon, there is in the said Castle a Record of the year 1400, of the Rights and Seigniory of the Earl of Namur, over the Liberty of Leignon, and that in Right of his Territory of Poilvach, he is Soveraign Lord of Leig­non.

As to Ivoir and Champal, it appears by a Record of the year 1385, in the Castle of Namur, that N. Mancor granted away the great Tythes of Ivoir and Champal to the Earl of Namur.

And by a Register made by a Receiver General of Namur. beginning in 1345, 'tis plain that James de Marchie, Receiver Ge­neral of Namur, having given notice by Proclamation, he would Farm out the Rents and Profits of Champal, with the Meadows, Lands, and Tythes thereto belonging, in the year 1497, did the 27th of May, the same year, lett them to Farm to Matthew Dauchet, under the Rent there specified, for the term of Twelve years; in the Name, and for the use of the Arch-Duke of Austri­a, Duke of Burgoigne and Earl of Namur.

As for Hodomont, it appears by the se­cond Volume of the Repertory in the List of Fiefes of the County of Namur, that Libert, Son of Jacqmin of Hodomont, is a Liegeman to the Earl of Namur, and did Homage for the Lands and Lordship of Ho­domont, with all its Members and Appur­tenances, in the year 1372; and that from 1372 to 1545: the Lords of Hodomont have successively done like Homage to the Earls of Namur.

By the Register, called The Parchment List, in the Chapter of Poilvach, fol. 34; it appears, as to Lisoigne, That Baldwyn de Mostier holds all his Territory of Lisoigne with the Chief and Annual Rents, Capons, Lands, Meadows, Woods, and Pasture of the Earl of the Earl of Namur, as Lord of Poilvach.

By the same Register, in the same Chap­ter, it appears that Monsieur Arnold, Lord of Cowaren, holds of the Earl of Namur, in Frank Fee, the Liberty of Natoye.

By the Register of the Fiefes of Aloux, be­ginning in the year 1486, it appears that John de Ramelot, in 1507, holds of the Earl of Namur, as of his Castle of Namur, all the Lands and Lordships of Goesne, with its Appurtenances and Dependents.

As to the Land of Hour en Fancen, it ap­pears by the second Volume of the old Re­pertory, that Walter, the Son of Oliver Centfontain, did Homage to the Earl of Namur, for his Mesmage and Lands of Hour and Fancenn: And that John Small, Heir of the said Walter, did the like in 1408, and the owners of the said Lands and Lord­ship of Hour en Fancenne, have from time to time, done Homage for the same to the Earls of Namur.

The Woods of Hanwez and Loche, Depen­dents of the Provostship of Poilvache.

N. Boron, Faultrier's Deputy, in Novem­ber, 1681, Caused John Grosseaux, his Ca­tholick Majesties Woodward of Hanwez, to come to Dinant; and having informed himself by him, of the Growth of those Woods, and the regular Course of Falling them yearly: He forbad Grosseaux to come any more into Namur, to make any report concerning the said Woods, to his Majesties Officers, but to repair to him Personally at Dinant: After which he caused above two hundred of the best Timber-Trees, in the Woods of Loche, to be cut down.

The Right of Spain to these Woods.

It appears by the Sale of the Provostship of Poilvache, and its Dependences, in 1344, by John Earl of Luxemburgh, to Dame Mary d' Artoy, that all Woods Dependents of that Provostship, are mentioned and comprised in the Sale.

Achin and Soliers.

Faultrier sent Orders to the Abby of So­liers, and Inhabitants of Ahin, the same in effect with those sent to the Provostship of Poilvache, prohibiting payment of any Duty to his Catholick Majesty, notwith­standing any Order from the States of the Province, and Commanding them not to obey any Orders, but what should be sent them, on the behalf of his Majesty; up­on pretence the said places are Dependents of the said Provostship, though in truth they are not, but within the Jurisdiction of the Province of Namur: And at Ahin there is a Custom-house settled by his Catholick Majesty, for Duties of Exportation and Importation, Ingress and Egress.

The Right of Spain to Soliers and Ahin.

Soliers and Ahin are Dependents of the Province of Namur, within the Bayliage of Entre Meuse and Arche, as appears by the said account of Aids of 1493, and the Register of Surveys of 1602.

As to Ahin in particular, 'tis a Fee held of the Castle of Namur; Libert de Foux did Homage for it in 1404; and so have the other Owners successively done, as appears by the second Volume of the List of Fiefes.

The Records concerning Soliers, are in the Custody of the Nuns of Illec; and in­deavours shall be used to have them produ­ced, if there be Cause.

High and Low Arche.

Boron sent an Order, Dated the 8th of December, 1681, to Francis de Page, Wood­ward of High and Low Arche, a Depen­dent of the Bayliage of Entre Meuse and Arche, to repair to Dinant to take the Oath of Allegiance to France; but because we are not certain, France hath taken possession of those Woods, we forbear to set forth his Catholick Majesties Title thereto.

Wepion, Godines, and Leswes.

Because the Council of this Province had sent into the Villages between the Sambre and the Meuse, and into the Provostship of Poilvach the Placarts last Published by his Highness: Count Montbron, sent Order to the Mayors and Inhabitants of the same places, prohibiting them to receive such Placarts, on pain of being punished as Re­bels, and threatning to send to the Gallies, the Bearers of such Placarts, whom he calls Vagabonds.

The beginning of the year 1682, Boron accompanied with Serjeant Benedict, came to the Village of Biesme la Colonness, situ­ate between the Sambre and the Meuse, and a Dependent of the Bayliage of Bovignes, where he levyed and received all the Chief­rents belonging to his Catholick Majesty, and caused them to be left at the House of Hubert Baviot at Biesme.

On Twelf-day last, John de Gozee, Lord of Biesme, as the People came from Mass in the Parish-Church, caused it to be Pub­lished aloud before all the Commonalty of Biesme, that he had received Order from France, to lay an Assessment on the said Commonalty to be presently paid: And [Page 204]that the Order was, they should be Taxed at 600 Florins for Biesme, instead of 1945, they formerly paid his Catholick Majesty.

The like Order, Dated the second of Ja­nuary, 1683, was sent to Wepion, and to Hon­toir, a Dependent of the Baliage of Bovignes, whereby it appears, that Hontoir is Assessed at Forty Florins to be forthwith paid into the hands of the Lord of Biesme appointed by France to collect the said Assessments. Besides which, all the Inhabitants of the places, in the possession of France, were com­manded upon hearing a Bell rung, to ass­emble together, and Seize those who should bring Placarts, or other orders in his Ca­tholick Majesty's names, with threats of Reprizal on his Majesties Subjects, if any on behalf of his Majesty, or his Officers should Levy any Duties from the said Inhabitants or their Estates, as appears at Large by Faul­triers Order.

The 11 of January, 1682. By two other Orders, delivered at Hontoir, and Dated the one the 12 of September, the other the 22 of November, 1682, he Prohibited the inhabi­tants between the Sambre and the Meuse, to appear for any Cause, or pretence whatsoe­ver, before the Officers and Courts of his Catholick Majesty, and Commanded them to withdraw their Suits, if any, depending [Page 205]there, under divers penalties express'd in the Order. With Prohibition to all Mayors, Pro­vosts, Bayliffs and other Officers of the said Villages, to receive or admit into their Juris­diction any Advocates, Proctors, or other pleaders, but such only as are Subjects of France.

By Billet of the first of January, Faultrier forbad those who get Stone out of the Quar­ries in the fields of Houx (close adjoyning to the Town of Bovignes) to pay for them to any but Boron, pretending the said Quar­ryes are dependents of the Provostship of Poilvache, tho' they are in truth within the Liberty and Jurisdiction of Bovignes.

As to his Catholick Majestys right to all the places above mentioned, besides what hath already been said on that Subject, his Majesty and Predecessors have been in pos­session of them time out of mind, for several Ages, and till now have continually exerci­sed all acts of Soveraignty over them without contradiction of any Person whatever.