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
Town of that Name and four and thirty Villages and Hamlets lies near adjacent to the Mayordom of Remich and belonged to the first Earls of Luxemburgh from whom it came to the Dukes of the same Place and successively to his Catholick Majesty in Demesn with all Rights of Jurisdiction and Sovereignty Henry the second of that Name the ninth Earl of Luxemburgh having in the year 1251. assigned to the Monastery of Clairfontain Fifty Measures of Rye upon his Demesns of Mackeren le Count as a Foundation for five Prebends in the said Monastery and in 1270. the said Earl sold the said Monastery Thirty Awms of Wine to be taken Annually out of his Demesns of Graven-Mackeren and Remich as was observed before Besides in the Year 1252. the Burrough of Mackeren was farm'd out by order of the said Earl Henry from whom it bears to this day the Name of Mackeren le count or Earls-Mackeren The Inhabitants were made Freemen of Luxemburgh and afterwards in 1327. gratified with many other Privileges by John the Twelfth King of Bohemia and Wenceslaus his Son first Duke of of Luxemburgh who in 1357. granted them a Weekly Market and lastly by Wenceslaus the Emperour second Duke of Luxemburgh who in 1584. confirm'd all their Privileges The Provostship of Echternach consisting in the Town and thirty three Villages and Hamlets c. 33. The Provostship of Echternach consisting in the Town of that Name and three and thirty Villages and Hamlets divided into the four Mayordoms of Osweiller Irrel Erenhen and Bollendorff belong'd to the first Earls of Luxemburgh in Demesn with full Right of all Jurisdiction and Sovereignty Which Earls had granted the Greatest part of their said Demesn to the Abbies of St. Willebrod and St. Clair at Echternach for Pious Uses Henry the second of that Name and Mineth Earl of Luxemburgh the Son of Wallerand de Limbourgh and Ermesinde Countess of Luxemburgh assigned in the Year 1240. 700 Livers a Year on his Lands in Echternach and Biedbourgh in Dower to his Wife Margaret de Barr. His Son Henry the Tenth Earl of Luxemburgh in 1277. ratified the Foundation made by Thiry de Kerpen and Margaret his Wife of an Anniversary in the Abby of Echternach out of his Rents at Wallendorf In 1398. the Deputies of the Town of Echternach did Fealty and Homage to the Emperour Wenceslaus second Duke of Luxemburgh and the Subjects of that Place have acknowledged his Catholick Majesty and his August Predecessors Earls and Dukes of Luxemburgh their Sovereigns and paid them Aids and Subsidies as well as other Places of the Province to this day The Town and Provostship of Biedbourgh consisting in the Franchise of Dusseldorf and 34 Villages 34. The Town and provostship of Biedbourgh consisting in the Franchise of Dusseldorf and four and thirty Villages having belong'd in Demesn with full Right of Jurisdiction and Sovereignty to Sigisfroid first Earl of Luxemburgh and descended from him to other Earls and Dukes of Luxemburgh successively the Subjects of the Territory have to this day acknowledged his Catholick Majesty their Sovereign and paid him Aids and Subsidies with other Subjects of the Province as formerly in 1359. Henry Earl of Luxemburgh the Son of Walerand Earl of Limbourgh and Ermesinde Countess of Luxemburgh assigned in the Year 1240. in Dower to Margaret the Daughter of Henry Earl of Barr his Wife seven hundred Livers a Year on his Demesns of Biedbourgh and Echternach And in 1398. the Deputies of Biedbourgh with the Deputies of other Towns did Fealty and Homage to the Emperour Wenceslaus as Duke of Luxemburgh The Town and Provostship of Dickrich c. 35. The Sovereignty and Jurisdiction over the Town and provostship of Dickrich consisting in the Town of that name and five and twenty Villages and Hamlets hath ever belonged to the Earls and Dukes of Luxemburgh and so have the Demesns of it part whereof Walerand Earl of Luxemburgh purchased of Robert d'Esch in 1221. Besides the said Provostship hath contributed with other Towns of the Province to the Aids and Subsidies paid his Majesty And the Town of Dickrich hath lately sent Deputies to the Assembly of the States as it had formerly done in the year 1400. in the Town of Arlon The Town and Provostship of Arlon 36. The Town and Provostship of Arlon consisting in the Town of that name and 119 Villages and Hamlets under fifteen Bannes or Mayoralties is a Provostship of large extent and comprehends a great part of Ardenne which having belong'd to Sigisfroid first Earl of Luxemburgh came many years after by marriage to the Family of Limbourg and afterwards returned by the like way of Marriage to the House of Luxemburgh Since which his Catholick Majesty as his Royal Predecessors enjoy'd it in Demesn with full Right and Exercise of Jurisdiction and Sovereignty For clearning whereof it may not be impertinent to give you the following Account 37. Sigisfroid the first of Luxemburgh having as Successor to the Earls of Arden had in his possession the Town and Provostship of Arlon enjoy'd it during Life and at his Death left it to his Son Henry under the Title of the Earldom of Ardenne Frederick elder Son of the said Henry having by Inheritance succeeded in the Earldom of Luxemburgh left Conrade the Son of his Brother Gisilbert his Successor to whom the said Town and Provostship of Arlon descended by the name of the Earldom of Ardenne Conrade had Issue Wallerand Earl of Arlon who first qualified himself in Writing with the Title of Earl of Arson He married Adela the Daughter of Theodore Earl of Barr and Brie Niece of Frederick Duke of Lorrain who built the Town of Bar. Adela who had her usual Residence at Arlon having survived her Husband left Issue by him two Sons Walerand and Foulk and a Daughter named Adela Walerand and Foulk dying without Issue the County of Arlon fell in possession to their Sister Adela who having married Henry Earl of Limbourgh brought him in Marriage the Earldom of Arlon The same Henry afterwards created Duke of Lothier by Henry the Emperour about the Year 1101. retained the same Title tho deprived of it about 1106. and left Walerand sirnamed The Pagan his Heir as well of the Dutchy of Limbourgh as the Earldom of Arlon and all his Father had been seised of about Thionville This Walerand had three Sons Henry Duke of Limbourgh Walerand Earl of Arlon and Gerard. His son Walerand Earl of Arlon in the Year 1210. gave by Deed to the Abby of Munster near Luxemburgh for an Anniversary Obit to be sung on the day of his death the Church of Kittenlwuen with the Right of Patronage in which Deed he first took the Title of Marquess of Arlon Walerand the Marquess left besides other Sons Walerand second Husband if Ermesinde Countess of Luxemburgh to whom in 1214. with consent of his two sons by a former Venter he gave in Marriage the Marquisate of Arlon with its appurtenences
is evident the Sieur de Haibes holds the said Village in Fee as a Dependent of Poilvache The Mayory of Bouvignes From Onhaye the Intendant with his Company and Guards went to the Bann or Jurisdicton of Anthee consisting in the Villages of Anthee Mavoye Morville and Fontaine and took possession of it the third of August 1681 and made the Inhabitants take the Oath required The like was done as to the Hamlets of Chestrevin Melin Wespin and Metz Dependents of that Mayory after they having in July 1681 compelled those of the Villages of Soumiers and Rivere Dependents of the same Mayory to take the like Oath and made Laurence Licos an Inhabitant of Soumiers Mayor of the place and given the People some Money to Drink though the Right of his Catholick Majesty to the Mayory of Bouvignes may be clearly made out by the evidences above-mentioned as to the Bailiage of Bouvignes The Bailiage of Montaigle Falaen About October 1680 the Intendant Faultrier having sent three several Orders to those of the Village of Falaen a Dependent of the Bailiage of Montaigle to be all in readiness came thither accompanied by Madellain and a good number of Souldiers and in an Harangue to the People told them that the Village of Falaen was a Dependent of St. Gerard that it was an Estate of the Church usurp'd by Charles the Fifth that those who had exacted Taxes and Gabels from them had Committed Sacriledge that he would restore them to their ancient Liberty that they should pay no more Taxes or Gabels but only some small acknowledgment to his most Christian Majesty Madellain the same time told an Officer of the Bailiage that what he then said to him he said not as a French-man or Governour of Phillippeville but as an honest Leigois as he was that he had written to them out of kindness and the Affection he had for the Inhabitants of Falaen With that he presented them a Paper to Sign containing in substance a Promise not do to any thing against the Service of the most Christian King The Inhabitants refusing to Sign it he threatned to send four hundred Dragoons to their Village adding they need not be afraid and that they should never fall again under the Dominion of Spain and that France had a High and Powerful Arm to protect them By these means and inducements the Inhabitants were prevailed with to Sign the Paper protesting nevertheless they were forc'd to it by violence This done Madellain offered them Money to Drink which they refus'd and he thereupon threw them four Patacoons and retired Anvoye and Rouillon The 9th of October 1680 the Villages of Anvoye Rouillon and Hun were prohibited to pay his Catholick Majesty any Tax Impost or Duty whatever or to permit any Usher or Serjeant of Namur to Execute any Process in the said Villages and in case any such Officer should come within their Precincts the Inhabitants were Commanded to take and carry him bound and pinion'd to Phillippeville to be sent thence to the Gallies That they should try their Suits in the Courts of their Precincts and appeal when there should be Cause to the Court of Tournay Salez Corbay and Henemont In November 1680 pursuant to an Order from the Intendant Faultrier the Farmers of Corbay Salez and Henemont Dependents of the Bailiage of Montaigle went to St. Gerard where the Intendant after some Remonstrances like those above-mentioned made them take the like Oath of Allegiance to France The Abby of Moulin The Abbot and Covent of our Lady at Moulin having after many Solicitations refused to swear Allegiance to France had in July 1681 between fifty and threescore Horse and Foot Quartered upon them by Faultrier's Order where they lived at Discretion a considerable time The Tithes of Bioulx Charles Boron the Intendants Deputy having given notice of his Intentions by Papers publickly posted granted to him that gave most the Great and Small Tithes of Bioulx and the Villages adjacent belonging to his Catholick Majesty and Dependents of the Bailiage of Montaigle In November 1680 Madellain having sent to Falaen a Captain of Dragoons with ten Horsemen to bring thence to St. Gerard a Woodward who resided there with the Farmers of the Fishery of the Brook of Floyon forbad them to pay his Catholick Majesty any Rent till the Difference should be decided at Courtray By an Ordinance of the 17th of February issued out by Faultrier the Tax assessed on the Bailiage of Montaigle for the use of his Catholick Majesty being a thousand Florins was reduc'd to six hundred Florins with intimation it was done for the ease of the new Subjects of the King his Master In March 1681 the Farmer of the Fishery of the Meuse before Goddinnes along Rouillon was disturb'd in his Fishing till the Sieur de Goddinnes who set it to Farm promised Faultrier to let him see the Evidences he had of his Right in that Fishery The Right of Spain to the Tithes of Bioulx By the Records remaining in the Castle of Namur it appears that William Earl of Namur bought the said Tithes the 28th of July 1362 of Sir John Marbais Knight Lord of Marbais and paid him the Consideration Money as appears by an acquittance of the last of that Month. The Woods of Marlaigne Libinnes and others and the violences us'd against the Woodwards of his Catholick Majesty By Order of the 19th of March 1680 the said Intendant prohibited all Persons to out fall square or take away any Tree within the Compass of the Vi-County of Libinnes being part of the Forest of Marlaigne on pain of Corporal punishment And injoyned the said Boron to see this Order Executed and in case of resistance or force to have recourse to Armes The Right of Spain to the Woods of Libinnes The Land of Libinnes is a Fee held of the Earl of Namur William of Libinnes having in a Survey of that Land acknowledged himself a Feoffee of the said Earl and that he held of him by Homage his Mannor and Tower of Libinnes with all Lands therein contained and inclosed and eight Bonniers of Land and Meadow more or less with Pasture in Marlaigne for 25 yearlings in the Woods above seven years Growth and Pasture for six Horses of his Team and dead Wood to burn in his House feeding for Hogs of his Breed With which Fee the said William endowed his Sister and after his Death William his Son did Homage for the same Fee and having granted it in Fee-Farm to John de Celles Knight he did Homage for it to the Soveraign Baily of Namur as appears by the Surveys of Fees held of the Castle of Namur By a Deed of the 28th of December 1412. William of Flanders Earl of Namur for the good and acceptable Service done him by John de Celles then his Soveraign Baily of the County of Namur and which he expected should be done him by the said John did for himself his Heirs and Successors grant to the said
John the Royalty Seigniory and High Mean and Low Jurisdiction of the Mayory of Libinnes with Power to Constitute a Mayor and seven Eschevins with a Serjeant for the Exercise and Execution of Justice there He gave him also all the Rents he had in Libinnes and whereof the Court there had Cognizance The said John de Celles having inlarged his Fee by an addition of about sixty Bormiers of Land and Meadow which with the ancient Fee made up a hundred and thirteen Bormiers The said Earl of Namur granted him Pasture for his Horned Beasts and the Horses of his Team within the Woods of Marlaigne of above seven years growth And that the Limits and Bounds of the Land and Royalty of Libinnes might be known the said Earl sent several of his Council and Officers to view it who reported that the Royalty and Mayory of Libinnes begins at the Ditch of Rochealroux which divides the Countrey of Leige from the County of Namur and reaches from thence to the High way that leads into the Great Plain of Libinnes the said High way being the Boundary that parts the Moyory of Floreffe and the Land of Libinnes till you come to the Choir Oke from which Oke it extends to the way that leads through the bottom of Wastieux to a Maple-Tree which parts the Mayory of Broigne and the Land of Libinnes and from thence it goes to the Land of the Abbot of Broigne as well towards Broigne as towards his House This Land and Lordship the Earl of Namur granted to John de Celles and his Successors to be held as an entire Fee of the Earl of Namur Saving to the said Earl his Heirs and Successors Earls of Namur the Soveraignty and Judgment of Apeals Saving also that if the Mayory of Libinnes extended into the Woods of Marlaigne within the Limits and Bounds above-declared the Receiver of the Earldom of Namur and the Woodwards Chapmen and Workmen might and should exercise and enjoy their usual Powers and Priviledges in the said Woods without any disturbance or impeachment by the said Sieur de Libinnes his Heirs and Successors or any other And that the said Sieur de Libinnes his Heirs and Successors or any of them should not any way intermeddle with the Debts Fines or Forfeitures concerning the said Woods Whereby it appears clearly that the Earl of Namur hath the Soveraignty and Supreme Jurisdiction over the said Land and Signiory of Libinnes and that the Sieur de Libinnes is his Vassal It appears also that the Woods of Marlaigne within the Limits and Bounds above-mentioned belong to the Earl of Namur and that the Sieur de Libinnes hath not any Jurisidiction there at least as to any Fine or Forfeiture incurr'd by the Chapmen or their Workmen imployed in the Sales made by the said Earl Nor can the Sieur de Libinnes claim any thing in the said Woods but the Pasture and Fewel he holds in Fee of the Earl This is so clear it needs not illustration and is confirmed by an Extract of the old Repertory of Services done for the Fees held of the Castle of Namur wherein we find that after the said John de Celles Gerard his Brother did Homage for the said Seigniory and Land of Libinnes in 1427. And after him Godfrey de Celles in 1430. And in the same year John Burquin de Supplea who succeeded Godfrey by vertue of a Devise by the last Will of John de Celles The 10th of March 1445 John de Lonchamps Lord of Fernelmont as next Heir recovered it out of the Hands of John de Warissoul who had taken possession of it The 2d of August 1461 Don William de Graux Abbot of Broigne did Homage for the same Land and Lordship which came to him by Vertue of an exchange made between him and the said John de Lonchamps for fourscore measures of Corn. The Second of August 1462 the same Don William de Graux settled the said Land and Lordship to the use of Pierart Alart Valet de Chambre to the Duke of Burgundy and his Heirs paying a rent of fourscore measures of Corn to the Church of Broigne In 1469 the said Pierart Alard Sieur de Seiron convey'd to the use of Henry d'Outremont Receiver General of the Court all the Land of Libinnes with its Appendances and Appurtenances In 1488 Gyles d'Outremont did Homage for the said Land its Appendances and Appurtenances descended to him by the death of Nicholas his brother The 2d June 1495 Gyles d'Outremont the Son of Henry sold to the Reverend Don James le Hourier Abbot of the Church of St. Peter at Broigne for the use of his Church the House Town and Land of Libennes its Appurtenances and Dependences without Exception or Reservation and the Abbot did Homage for the Fee The last of September 1503 Don William de Beyn Abbot of Broigne did Homage for the House Town and Land of Libinnes its Appurtenances and Dependences as James le Hourier his Predecessor had enjoy'd them The 11th of May 1507 Don Thomas Baudery Abbot of Broigne did the like The 28 July 1513 Don William Cauliere Abbot of Broigne by the Resignation of the said Thomas did the like And the 3d of July 1551 Don Benedict de Mailey Abbot of Broigne did the like The 6th of September 1584 Francis de Walon Capelle Bishop of Namur Prelate of Broigne and Sieur de Libinnes did Homage for the same Land and Lordship of Libinnes The like was done the 13 of July 1598 by the Right Reverend Father in God James Blaseus Bishop of Namur and Prelate of Broigne and afterwards by John Davin Bishop of Namur and Prelate of Broigne and since by Enghelbert de Bois Bishop of Namur And in 1664 by John de Wactendoncq Bishop of Namur and Prelate of St. Gerard. And lastly the 14 September 1675 by Ignatius Austin de Grobendoncy Bishop of Namur and Prelate of St. Gerard last deceased By which it appears the Homage successively done and continued several Ages for the Land and Lordship of Libinnes was pursuant to the Survey made by William de Libinnes and the Feoffment from the Earl of Namur to John de Celles This being so the Prelate of the Abby of St. Gerard annexed to the Bishoprick of Namur can pretend to no more than what is contained in the said Survey of the Fee of Libinnes being only Pasture and Fewel in Marlaigne belonging to the Earl of Namur and some kind of Jurisdiction on Marlaigne as inclos'd within the limits of the Lordship of Libinnes with an Express Exception and Reservation of Competent Jurisdiction to the said Earl and his Officers in all matters of Fines and Forfeitures in the Woods which by the Feofment or act of Donation the Count hath expresly reserved to himself So that the Seizure of the Woods of Libbinnes and of Marlaigne lately made by the French is a manifest and notorious Usurpation considering the Evidences above mentioned and his Catholick Majesties possession of the said Woods