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A77298 The breaches and contraventions of France, since the peace of Nimiguen betwixt His Most Catholick Majesty, and the Most Christian King, concluded January 15, 1682. Particularly relating to Luxembourgh, Namur, and Brabant. 1684 (1684) Wing B4336A; ESTC R231105 79,381 208

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of the Land and 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 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 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 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 't is 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 't is 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. 'T is 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 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
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 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 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 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 A PARTICULAR DEDUCTION OF THE EVIDENCES and PROOFS OF The Right and Possession of His Catholick Majesty IN AND TO All the Places France hath taken actual Possession of in the Province of Luxemburgh since the Publication of the Peace of Nimmighen 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 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 Luxemburgh pretending it to be a Dependent of Rodenmacheren and forc'd the Inhabitants of Hesperange and four Villages that make up