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 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 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 't was 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 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 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 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
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 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 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 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 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 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
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 Merchant should be absolutely discharg'd otherwise that Right should be done â—â—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 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 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 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 't is 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 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 'T was 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 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 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 Re-union 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 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 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
Governour General of 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 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 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 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 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
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 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 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 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 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 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 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 Under-farmers 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 't
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 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 't is 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 above-mentioned 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 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 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 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 't is 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
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 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 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 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 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 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 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 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 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 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 the Order to the places above mentioned But that no advantage should be taken of it
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 't is 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 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 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 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 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 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
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 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 Sâ—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 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 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 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 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 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
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 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 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 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 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 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
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 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 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 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 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 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
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 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 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 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 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