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
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
them the Bailiffs Burgomasters and Sheriffs of Harlebeck Thielt and Deinse the Provost of Harlebeck the Baron of Winghene several Curates and other Gentlemen of the Country whom they us'd ill and imprisoned them at Menin among the common Malefactors where they indured very great incoveniences the Sieur Voorden Commissioner for France at the Conference of Courtray having declared to a Deputy of the said Castlewick that the pretension insisted on by France was to have payment from the Subjects of Spain of the Sum of sixty thousand Florins for Interest and Dammages pretended to have been suffered by them in the Country of Luxemburgh and of three and thirty thousand Patacoons for the Charges of the Execution above mentioned And that if these Sums were not presently paid the Marshal d'Humieres would send orders for making more terrible Executions and taking persons of greater Quality than those who were then Prisoners To make it appear yet more clearly that France scruples not any sort of Contravention against the Treaty of Peace An Ordinance was issued dated the twenty seventh of November 1681 whereby they caused all the Lands in Artois belonging to the Subjects of his Catholick Majesty to be seiz'd with prohibition to the Farmers or Receivers to pay thenceforward any thing that should be due to the Proprieters for Arrears or growing Rents till further order In pursuance whereof they caused all the Lands Signiories and other Effects belonging to the Baron of Couriers Governour of Audenard to be seiz'd though by the Treaties of Peace the Subjects of the one King unquestionably may and ought to enjoy peaceably their Estates within the Dominion of the other Till then we were ignorant of the cause of these Seizures But the Ministers of France have since sufficiently explained themselves having by Order of the most Christian King caused a general seizure to be made of all the Estates Lands and Signiories of the Subjects of his Catholick Majesty situate in any Country yielded to France and having settled Commissioners to receive the Profits and Revenues thereof and pressed the Receivers to pay them what was already accrewed Declaring further that those Estates should continue under seizure till the Ministers of his Catholick Majesty at Brussels made Reparation to the Prince d'Isenghien for the vexation he had suffered though what they call vexation is but the Sentence and Execution given and awarded by Competent Judges whom the said Prince petitioned to have Assigned in a Cause wherein he was Plaintiff and acknowledged their Jurisdiction from the time of the Action brought to the decision of the Cause having Personally or by his Lady or Agents constantly solicited the dispatch of the business procured the assistance of the Commissioners who attended the Inquests tax'd the Costs and made up the Report of the Proceedings It was afterwards observed also as to the Office at Esseneux spoken of before that the Ministers of France had no other design but to destroy it and utterly ruine the Province of Limburgh as well as the rest for under several feigned pretences purposely set on foot and principally for that the Officer at Esseneux had made the Tradesmen of Leige pay the Duties for Importation and Exportation who to defraud his Catholick Majesty pretended themselves Subjects of France though their being so would have been so far from exempting them that it obliged them to pay Yet on this pretence principally they first threatned high and afterwards Plundered and â—uined several Villages of Limburgh which they also pretend to under the false Title of Dependences of the County of Chiny and others These Attempts and Violences being endless they exacted two hundred Measures of Oats from the Bank of Sprimont in the same Province threatning to Plunder the Boares if they did not presently deliver the Oats and would have obliged the Count d'Esseneux Lord of Sprimont to swear Allegiance to the most Christian King though that Lordship is notoriously known to be holden of the Dutchy and Soveraignty of Limburgh In a word it clearly appears by all these proceedings that all hitherto done by France and its Ministers is not to be justified either in form or substance For as to form the whole World hath seen and known they have not acted otherwise than by Force but have violated the Law of Nations and broke that Seal of sincerity and truth affixt so solemnly to the Treaty of Nimmighen to declare it was intended to be made firm and stable and to be perpetually observed As to the substance and ground of the pretensions of France it hath been made appear they have not any Foundation of Title Possession or Colour of Right And that on the contrary the Title Possession and Right of his Catholick Majesty are so fully justified and so clearly made out that they are really unquestionable and not to be contradicted with Reason or Truth Yet for further satisfaction to the World as to Luxemburgh and Namur we have thought fit to deduce more particularly the lawful Right and Possession of his Catholick Majesty in all the French have possess'd themselves of in those two Provinces since the Publication of the Peace A PARTICULAR DEDUCTION OF THE EVIDENCES and PROOFS OF The Right and Possession of His Catholick Majesty IN AND TO All the Places France hath taken actual Possession of in the Province of Luxemburgh since the Publication of the Peace of Nimmighen The Castle Borrough and Signiory of Rodemacheren with twenty Villages its Dependents 1. FRance began with the Castle and Borrough of Rodenmacheren of which the French possess'd themselves the thirtieth of December 1678. and afterwards of twenty Villages in which the Lordship of Rodenmacheren consists though the said Lordship Castle and Borrough be a particular and distinct Signiory in cheif depending only of the Duke of Luxemburgh and held immediately of his Person as appears by the admissions of the Tenants and Feoffees thereof particularly in the years 1302 1314 1532 1562 1605 and several others as also by the Gift of the said Signiory made by Maximilian King of the Romans the fifteenth of November 1492 to Christopher Marquess of Baden with condition that he and his Heirs Lords of the said Signiory should upon every Descent or Alienation do the Services due for their admission and hold it in Fee of the Duke of Luxemburgh of whom the said Signiory is holden of old with all Royalties Jurisdictions Fees and Rights possessory as express'd in the Grant It appears further by the Register of Fires in the years 1552 1553 and others Notwithstanding all which and that Rodenmacheren hath not been granted by any Treaty to the French yet have they possess'd themselves of it as aforesaid The Castle and Lordship of Hesperange and four Villages 2. In October 1679 the French seiz'd the Castle of Hesperange distant only halfe a League from the City of Luxemburgh pretending it to be a Dependent of Rodenmacheren and forc'd the Inhabitants of Hesperange and four Villages that make up
Brouch 76. The Lordship of Brouch consisting in twelve Villages and Hamlets is an ancient Fee of the Dutchy of Luxemburgh and acknowledged to be so by the Lord of the place in 1394 who with other Feoffees of the Countrey did Homage for it in 1398. The Lordship of Malberg 77. The Lordship of Malberg consists in three Villages and Hamlets and was taken in Fee of the Duke of Luxemburgh in 1306 and in 1398 the Lord of Malberg with other Feoffees of the Province did Homage for Malberg The Lordship of Rosport 78. The Lordship of Rosport consisting in six Villages and Hamlets was in the year 1303 acknowledged a Fee of the Earldom of Luxemburgh The Castle and Lordship of Mirevart 79. The Castle and Lordship of Mirevart consists in six and twenty Villages and Hamlets and hath been an ancient Patrimony of the Earls of Luxemburgh the parts of which it consists having ever since the year 1311 been accompted and recorded among the Demesns of the Earls of Luxemburgh and made parcel of the particular thereof Arch-Duke Maximilian gave it since to Everard de la Marck who and his Successours the Dukes of Aremberg have from time to time paid Homage for it to this day The Castle and Lordship of Focant 80. That the Castle and Lordship of Focant was parcel of the ancient Demesns of the Earls of Luxemburgh appears by the accompts of the Revenues thereof ever since the year 1311. The County of Montague 81. That the County of Montague consisting in thirteen Villages and Hamlets is also a Fee of Luxemburgh appears by the Records of Homage done for it in 1545 1598 1600 1673. The Lordship of Rachamps 82. The Lordship of Rachamps consisting in a Village and Hamlet is an ancient dependent of Luxemburgh King Wenceslaus having the 12th of October 1384 confirmed the Priviledges his Predecessours the Earls of Luxemburgh had granted the Lord and Tenants of this Lordship The Lordship of Ayvaille 83. The Lordship of Ayvaille consisting in eight Villages and Hamlets hath been an ancient Patrimony of the Earls of Luxemburgh as appears by the Gift the King of Bohemia made of the Bridge of Ayvaille to the Inhabitants of the place 23 July 1346. The Lordship of Harzet 84. Lewis de Clermont in the year 1302 did Homage for the Lordship of Harzet consisting in three Villages and Hamlets as a Fee held of the Earl of Luxemburgh The Lordship of Bascille 85. Alard de Bascille by Act in 1307 acknowledged himself a Leige-man of the Earl of Luxemburgh for the Lodship of Bascille as a Fee of the Earldom The Lordship of Chesne 86. The Lord of the Signiory of Chesne consisting in three Villages and Hamlets did among other Subjects and Feoffes of the Province perform his Homage to the Emperour Wenceslaus Duke of Luxemburgh in 1398. The Castle and Lordship of Witry 87. The Castle and Lordship of Witry consisting in four Villages and Hamlets is a Capital place and of the ancient Demesns of the Earl of Luxemburgh as appears by the Gift thereof made by Henry Earl of Luxemburgh to Arnold de Pittange in 1281 on condition he should hold it of him in Fee by Homage And in 1311 the King of Bohemia then Earl of Luxemburgh granted the said Arnold the High Justice of Witry for improvement of his Fee The Castle and Lordship of Useldange 88. That the Castle and Lordship of Useldange consisting in sixteen Villages and Hamlets is an ancient Fee of the Earldom of Luxemburgh appears by an Act in 1298 wherein Robert Lord Useldange hath acknowledged Homage due from him to the Earl of Luxemburgh This Lordship came afterwards by Confiscation to Maximilian the Emperour who and his Son Arch-Duke Philip as Dukes of Luxemburgh gave the said Castle and Lordship to Philip. Marquis of Baden in the year 1494 After which Homage was paid for it in 1532 1562 and 1605. The Castle and Lordship of Autel c. 89. That the Castle and Lordship of Autel consisting in six Villages and Hamlets is an ancient Fee of the Earldom of Luxemburgh appears by an Act in 1223 when Henry de Dune having been made Marshall of Luxemburgh annext to that Office the Lordship of Autel acknowledging he held it in Fee of the Earls of Luxemburgh to whom Homage was done for it in 1270 and afterwards in 1398 by the then Lord of Autel to Wenceslaus the Emperour This is confirmed by the Sale Richard de Dune made in 1254 to the Covent of Clairfontain of some Estate in Autel which the Lords thereof had not power to alien without leave of the Earl of Luxemburgh The Castle and Lordship of Girsch 90. The Castle and Lordship of Girsch consisting in fifteen Villages and Hamlets is an ancient Fee of the Earldom of Luxemburgh and Homage was done for it to the Duke of Luxemburgh in 1556. The Castle and Lordship of Koerich 91. Tillman of Koerich in 1314 did Homage to the Earl of Luxemburgh for the Lordship of Koerich consisting in five Villages and Hamlets as a Fee held by Homage of the Earl And in the years 1400 and 1617 the Successours of Tillman did Homage for it to the then Dukes of Luxemburgh And in 1398 Homage was done for it to Wenceslaus the Emperour in the right of the Earldom of Luxemburgh The Castle and Lordship of Septfontain c. 92. That the Lords of the Castle and Lordship of Septfontain consisting in ten Villages and Hamlets have been ancient Vassals of the Earls of Luxemburgh is evident by the record of Homage done for it in 1233 Since which Thomas de Septfontain Chamberlain to the Earl of Luxemburgh and his Successors received by the Earls Grant the Right and Priviledge of High Justice to be exercised throughout the Liberty of Septfontain for inlargment of his Fee The Lordship of Wiltingen and Cantzem 93. In the year 1230 Ernest de Pictipas acknowledged the Lordship of Wiltingen and Cantzem to be Capital places held in Fee of the Earldom of Luxemburgh and John de Sirk did Homage for them accordingly in 1450. The Land and Lordship of St. Hubert 94. The Land and Lordship of St. Hubert consists in six Mayordoms or Mannors with several Villages depending thereon and as to Situation is inclosed on all sides by the Lands of the Dutchy of Luxemburgh and consequently by the Laws and Maxims of State cannot be a particular Sovereignty distinct or separate from that which incloses it The intention of the Duke in granting away the Lands of St. Hubert being grounded on a Presumption in Law That Land inclosed within other greater and more considerable is to be reputed of the same Quality Jurisdiction and Sovereignty with that which incloses it till the contrary be made appear 95. This will be thought more reasonable in this Case when it shall be considered that till the age before the last it was never disputed but that the Dukes and Earls of Luxemburgh had not only the Possession but the Right of Soveraignty