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A87432 A Judicious vievv of the businesses which are at this time between France and the house of Austria. Most usefull, to know the present posture of the affairs of all Christendom. / Translated out of French, by a person of honour. Person of honour. 1657 (1657) Wing J1187; Thomason E1598_2; ESTC R208868 100,087 241

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third race Burgundy was governed by Dukes and three Brothers of Hugh Capet the first of that race held it But the last of them Robert was divested of them by his Nephew King Robert Son to Hugh Capet and it was re-united to the Crown All that was before the two Families of Burgundy of which we are to speak to discusse the right which the Spaniards pretend upon that piece of the French State 3. So then from the beginning of the first Race two Royall Families have possest the Dutchy of Burgundy The first began by Robert younger brother to King Henry the First and Son to King Robert To him his brother Henry gave that Dutchy in the year 1032. That Family continued from Male to Male without any interruption of Female succession untill the death of the last Duke Philip dead without issue An. 1362. Then King John at that time reigning in France seizd-upon that piece as an apanage so the French call the Portions of the Sons of France which are to return to the Crown when Heirs Male fail That apanage then being returned to the Crown King John bestowed it in the same nature upon his fourth Son Philip. This was the head of the second house of Burgundy which had four Dukes only successively This Philip called le Hardy invested by his Father then Iohn the third Philip le Bon the last Charles killed before Nancy An. 1477. who left his Daughter Mary his universall Heir She was married to Maximilian of Austria since Emperour and so carried all her estate into the house of Austria From that marriage came Philip Archduke married with Jane Inheritrix of all Spain and by her had two Sons Charles the V. and Ferdinand Emperours founders of the two Families of Austria that now reign 4. After the death of Charles killed before Nancy Lewis the XI seized upon the Dutchy of Burgundy as an apanage of France returning to the Crown Although Mary and her Husband Maximilian alleaged that the Dutchy had been given to Philip the Hardy by his Father King John as an absolute gift without any restriction of masculine descent That question though agitated on both sides will alwaies remain undecided The French Kings maintaining themselves in that possession Charle the V. Grandchild to that Mary grounding himself upon that right which we will declare afterwards required by the Treaty of Madrid that the Dutchy of Burgundy should be restored to him as his by his Grandmothers right and taken from her by Lewis the XI But after the return of Francis the I that Treaty was declared void as being contrary to all right of Nations which disannull Treaties made in Prison and extorted by violence contrary to the Municilpal Laws of the State of France which constitute the Kings to be alwaies Minors that is uncapable of absolute disposition as for the alienation of their Dominions So the Article of that Treatise concerning the restitution of Burgundy remained null though signed by the King Besides the States Generall of the Kingdom protested to the King that it was never in his power to alienate any Province of his State without their consent Which last opposition was of such force that since neither in the Treaty of Cambray nor in that of Crespy in Valois in which severall pieces were yielded unto the house of Austria any mention was made of Burgundy Yet the Kings of Spain take still the Title of Dukes of Burgundy So much for the Fact We will now examine the right 5. It must be acknowledged that the severity of Apanages for the Males onely to the exclusion of Females is not in use among the French but since the time of Philip de Valois who began to reign An. 1328 for remounting higher to Hugh Capet we find not that exclusion of Females from successions saving the ordinary preference of the Males before them And the Females were admitted Heirs in all kinds of estates whether given by the King or by others Yea many times the houses of the Sons of France have ended in Females that have transported their Estates to other Families as it appears in that of Dreux of Vermandeis of Courtenay and of others But since the time of Philip de Valois no Son of France had any apanage but upon that condition Which is evident in that all the apanages are returned to the Crown by the extinction of Males to the exclusion of Females as those of Anjou Berry Alanson and others Yea although that first house of Burgundy be much antienter and hath begun almost with the third race yet as it was the first and most important apanage we have in the History thereof an example of the exclusion of Females and setling the inheritance in the Males Hugh the IV. of that name Duke of Burgundy had three Sons Eudes his eldest John Lord of Charrolois and Robert the II. Duke of Burgundy Eudes was married in his Fathers life time died before him and left three Daughters Joland Margaret and Alice or Alix John the second Son was married and died likewise before his Father leaving a Daughter Beatrix of Burgundy Lady of Bourbon This was the Lady who being married with Robert Son to Saint Lewis gave a beginning to the house of Bourbon When Eudes the IV. died it seemed that the Daughters of the First or Second of his Sons should have inherited by the right of representation of their Father but they were excluded from it by their Uncle Robert who enjoyed it and his Heirs Male peaceably though these four Daughters had been married in great and potent houses 6. Philip the last Duke of that Race being dead King John took the Dutchy in his Possession yet did not reunite it to the Crown but presently gave it to his fourth Son Philip le Hardy whom he especially loved because he had saved his life in the battell of Poitiers though he was then very young He gave it him by a long Charter which indeed contains not in expresse termes the exception of Female Heirs but conferrs it upon him with the same rights by which himself came by it and by which he possesseth it Termes which have caused difficulty because John could be said to succeed to it by two rights the one as King the other as the next Heir-male of the last Duke If he succeeded to it as King the Dutchy being an apanage returning to the Crown in defect of Heir-Male then without doubt it was setled upon his Son Philip as a masculine apanage both because his Father gave it him with the same right by wh ch himself had got it And because the severe Law of Apanages was already in use from Philip de Valois Father to John and never was interrupted since 7. But King John say the Spaniards inherited of the last Duke as the next of blood and his Heir ab intestato because it appeareth in the Genealogy of that first Race of Burgundy that Robert the II he that had excluded his four
of the French Kings till that famous partage of the children of Lewis the Meek an 843. when the River of Scaldis being set as a limit of that which belonged to Lothary the Emperour on the one side and Charles le Chauve on the other that Country remained within the partage of the last who was King of France and containes a great extent of Land beyond the River of Somme near the Rivers of Scaldis and Lis butting upon the Ocean And because all that Country was full of Wood which made it be called Sylva Carbonaria Charlemagne about the yeare 771. placed there a Governour whom he called the great Forester of Flanders So also were his successors called and were not very considerable The first that erected this Country into a County was Charles le Chauve an 850. or thereabouts The first Count was Baldwin surnamed Bras de fer or Iron-arm for his great exploits against the Normans then barbarous and infidels who coming from the North infested those coasts both by Sea and Land This Baldwin stole away Iudith Daughter to Charles le Chauve and widow to an English King which action at the first moved Charles to a great wrath and hatred against him But Iudith having appeased her Father and Baldwin being very necessary for the defence of those Countries against the Normans he recovered the Kings Grace and it was upon that reconciliation that he was made Count of Flanders So that Baldwin is the head of that house of Flanders and Artois which then were but one Province 1. All that Country remained thus united in one County till the year 1180. when Philip August King of France married Isabella Daughter of Baldwin the IV. Count of Hainaut and Namur and of Margaret of Flanders For Philip of Alsatia Count of Flanders uncle to Margaret to shew his joy for that high alliance gave her the Country of Artois consisting in the Towns of Arras Bapaume Saint Omer Aire Hesdin and some others which Philip August enjoyed and his Sons after him till Lewis the VIII gave the Country of Artois to his third Son Robert for whose sake his brother St Lewis erected the same into a County of which this Robert did him homage and that house of Artois was a Royal house for a long time after Thus Flanders and Artois had their severall Counts and Lords as most of the other seventeen Provinces of Netherlands 2. King Iohn of France having given to his fourth Son Philip the Dutchy of Burgundy because he loved him dearly he procured a great marriage for him matching him with Margaret of Flanders only Daughter of Lewis the III. Count of Flanders and of Margaret of Brabant That Princess was held the richest match of Europe for she was Heir not onely of the Counties of Flanders Burgundy Artois Nevers Retel and other great Lordships but was also apparent Heir from her great Aunt by her Mothers side of the Dutchies of Brabant Lothier Limburg and the Marquesat of Antwerp That alliance made an 1356. was the beginning of the greatness of the house of Burgundy For that Philip and his three successors Iohn Philip and Charles united all these great States which afterwards fell into the House of Austria by marriage as we have represented before 3. Although the propriety of those two Provinces Flanders and Artois came to the House of Austria by the match of Mary of Burgundy with Maximilian the pretences of the Crowne of France upon that propriety being quitted by the reddition of the Towne of Arras an 1435. Yet the soveraignty thereof hath remained with the French Kings untill the Cessions by them made of the same by severall Treaties of which the first was that of Madrid That soveraignty is proved by seven Reasons The first is The homages which the Counts have alwaies payed to the Kings of France for these Counties and the investitures which they have taken from them of the same The second That the Kings of France have judged of the Counts of Flanders as Soveraigns and given them Lawes The third that they decided of peace and war in Flanders even against the will of the Counts The fourth That they have given grace to Flemmings as their Soveraigns and punisht them of their rebellions The fifth That it was especially promis'd and agreed that the Flemmings should resort to the Parliament of Paris The sixth That the Kings of France have protected as Soveraignes the Counts of Flanders The seventh That they have confiscated the County for Felony Briefly the Kings of France have exer cised all Acts of Soveraignty in Flanders and Artois a thing never brought in question or denyed before Charles the V. who being promoted to the Empire and fallen to great Wars against Francis the I. was delinquent in that duty and obtained the cession of that right by divers Treaties 4. It is then a known truth that Flanders and Artois did belong to the Soveraignty of France and that the question is onely whether the cession made at Madrid was just and valid Upon which the French say 1. That Charles the V being born a subject of France at Gant in the County of Flanders committed the crime of Felony by his Wars against his Soveraign whom also he took and kept prisoner which was often upbraided to him yea a sentence of the Parliment of Paris intervened against him whereby he is deprived of his Lordships depending of the Crown of Ftance for crime of Felony so that being a Felon against his Soveraigne he had no right either to treat with him when he kept him prisoner nor any way oblige him 2. The cession made by the Treaty of Madrid was invalid by the Law of Nations as done by a man kept in prison 3. That cession made at Madrid and in other Treaties is null by the fundamentall Laws of France which prohibit the alienation of the Soveraign rights of the Crown especially without the consent of the States Generall who never ratified all those Treaties And in effect the Parliaments by their sentences the Peers of the Kingdom by their Votes and all the learned and judicious by their discourses have condemned those Treaties And to this day the Flemmings and Artesians are accounted Regnicolae and have no need of letters of Naturalization CHAP. IV. Wars Agreements Treaties between the houses of France and Austria about their pretences from the Treaty of Arras to that of Vervins WE have seen how by the History and by Reason the two Houses of France and Austria will ground their several pretences As the differences between private persons beget suits in Law which end in the sentence of a Court so the jealousies between these two great houses have begot Wars which haue ended in Treaties Yet so that the Wars have begun afresh after These Wars have been many especially since the promotion of Charles the V to the Empire an 1519. For the Kings of France who without contradiction had the precedence before all Christian