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

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and dependences upon condition the Issue he should have by that Marriage should inherit the said Marquisate together with the County of Luxemburgh Accordingly the said Marquisate of Arlon together with the Earldom of Luxemburgh and La Roche fell to Henry eldest son of Wallerand by Ermesinde which Henry left it to his Successors Earls and Dukes of Luxemburgh And thereupon the said Marquisate remained annexed to the Dutchy of Luxemburgh and the August Successors of the Dukes of that Place have from time to time peaceably enjoy'd the Patrimony and Fees depending thereon and exercised therein all Acts of Jurisdiction and Sovereignty 150 Years before the Purchase of the County of Chiny in 1364. by Wenceslaus the first Duke of Luxemburgh The Town and Provostship of Bastoigne 38. The Town Mayoralty and Provostship of Bastoigne consisting in the Town of that name and one hundred forty five Villages and Hamlets under ten Mayordoms hath ever since the Year 963. belonged to the first Earls of Luxemburgh in Demesn with full Right of Jurisdiction and Sovereignty as comprehended under the Title of the Earldom of Ardenne Walerand and Ermesinde Earl and Countess of Luxemburgh having by Deed in 1225. assigned to their daughter Catharin who had been promis'd in Marriage to Matthew Duke of Lorrain three thousand Livers Messinois upon their Demesn of Bastoigne except the Town and upon their Courts of Remich and Anliers which were accordingly paid the said Matthew of Lorrain in 1229. Since which time the Town and Provostship of Bastoigne hath been reputed a Member of the County and Dutchy of Luxemburgh and the Earls and Dukes thereof have enjoy'd it with all Sovereignty and Jurisdiction to this day The Town and Provostship of March c. 39. The Town Mayoralty and Provostship of March consisting in the Town of that name and nineteen Villages and Hamlets hath many Ages belong'd to the Earls and Dukes of Luxemburgh in Demesn with full Right of Sovereignty and Jurisdiction Henry the second of that name Earl of Luxemburgh the Son of Ermesinde gave it in the Year 1247. to his Brother Gerard in full of all demands of Inheritance in Right of his Father and Mother This Provostship was then granted by the name of The Land of Tamenne above the Castle and Town of Durbuy with all its Dependences Villance the Land of Dalem and Filstorff upon condition expressed in the Grant That Gerrard should hold the said Lands in Fee of the Earl of Luxemburgh The said Lands of Tamenne Durbuy and Vallence were in the Year 1304. reunited to the County of Luxemburgh by Count Henry the fourth of that name Son of Henry the third and Beatrix Daughter of Baldwyn of Avennes pursuant to an Agreement made that Year between Gerard Earl of Grandprez Lord of Houstalize Son of Henry of Grandprez and Beatrix Daughter of Gerard Lord of Durbuy and the said Henry Earl of Luxemburgh by the Mediation of his Mother the Countess Dowager of Luxemburgh called Beatrix to whose Arbitrement the Parties submitted the Sunday after Christmas 1303. upon condition nevertheless that the Lordship of Russy whereof Dalem and Filstorff are part should remain to the said Gerard of Grandprez and that Count Henry should pay him an Annuity of One hundred Livers The like Agreement was made by Gerrard Lord of Blackenheim and Irmgard his Wife Daughter also of Gerard Lord of Durbuy by Deed in February 1306. whereby the said Lord of Blackenheim and his Wife have renounced and released all Right they could any way have to the Estate of Gerard Lord of Durbuy their Father-in-Law and Father respectively which Renunciation and Release was ratified in 1314. by John and Gerard Sons of the said Gerard of Blackenheim and afterwards the Earls and Dukes of Luxemburgh enjoy'd it in Demesn with full Jurisdiction and Sovereignty The Town and Provostship of Durbuy c. 40. The Town and Provostship of Durbuy consisting in the Town of that name and forty four Villages and Hamlets divided into four Courts and nineteen Lordships of the Soil Compos'd of two and thirty Villages have likewise belong'd some Ages to the Earls and Dukes of Luxemburgh in Demesn with full Right of Jurisdiction and Sovereignty And his Catholick Majesty hath continued in possession of it as appears by what hath been said before as to the Provostship of Marche The County of La Roche c. 41. The Earldom of La Roche consisting in the Castle and Town so called and one and fifty Villages and Hamlets divided into four Mayordoms and the Seigniory of Beausaint is an ancient Patrimony of the Earls and Dukes of Luxemburgh who assumed the Title of Earls de la Roche ever since the year 1214. and enjoy'd the said Castle Town and their Dependences in Demesn with full Right of Jurisdiction and Sovereignty till dispossessed of them forcibly by the French as aforesaid The County of Salm c. 42. The County of Salm consisting in a Castle Burrough and thirty two Villages and Hamlets is very ancient having taken its Original from the first Family of the Earls of Luxemburgh Gislibert the Son of Frederick the second Earl of Luxemburgh having taken the Title of Earl of Salm in which Earldom his Son Herman succeeded who afterwards was chosen Emperour of the Romans and left the said Earldom to his Son Herman also by name who had his Son Conrade his Successor Henry the Son of Conrade succeeded him and by Deed of 15 May 1240. declared That as his Ancestor the Earl of Salm had done Fealty and Homage to the Noble Man the Earl of Luxemburgh he would renew the said Homage and did for him and his Heirs and Successors Earls of Salm take of Henry Earl of Luxemburgh and La Roche and Marquess of Arlon which Henry being the second of that name was the ninth Earl of Luxemburgh the Castle and Castlewick of Salm with all their Appurtenances Rights Inheritances Fiefes Wards Homages Burgessships and Seigniories whatsoever to be holden of the Earl of Luxemburgh in Fee and by Homage-Liege Henry the Son of the said Henry Earl of Salm did the like Fealty and Homage on Thursday next after the Feast of All Saints in the Year 1248. for the same Castle of Salm to the same Henry Earl of Luxemburgh with a formal Declaration That the Earl of Luxemburgh might and ought to have Aid of the Castle of Salm and Lands belonging to it against all Men and that the Castle was to be surrendred to him when occasion required In 1306. Henry Earl of Salm Son of Henry aforesaid did the like Services for the said Earldom of Salm to Henry the fourth of that name the eleventh Earl of Luxemburgh and seventh Emperour of that name After him Henry his Son Earl of Salm did the like Services for the said Earldom to John King of Bohemia twelfth Earl of Luxemburgh on Monday the eighth of December 1343. The Family of Salm being extinct in 1408. the Lords of Reiferscheidt succeeding as next of
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
an hour and a halfs journey of the Castle of Namur In June 1681 Faultrier took the Liberty to tell Lewes Moreau his Catholick Majesties Receiver of the Duty for Importation and Exportation that he would set up the Arms of France close to the Castle of Namur and perhaps would make it appear the said Castle is situate upon the same Territory with the Woods of Marlaigne And that in a short time he would forbid any stick to be taken for the use of the King of Spain out of the Woods of Marlaigne To Conclude the French have caused the Woods of Wellein Delhee and Faulx being Dependents of Biert to be measured in order to a Sale of them as the other Woods for their proper use A CONTINUATION Of the PROOFS of His Catholick Majesties Possession and Right TO ALL The Places and other Hereditaments seized by France in the Provinces of Namur and Brabant since September 15 1681. THE Intendant Faultrier pretending his Catholick Majesties Officers were about sending Orders to the Villages of the Province of Namur to pay the Taxes Subsidies and other Rights due to his Majesty caused an Order of the 29th of September 1681 to be delivered to the Mayors Sheriffs Officers at Law and Inhabitants of the Village of Anhee and its Dependences with Prohibition to all Ushers Sergeants and others of what Quality soever to use any Force or Compulsion or make any Seisure or Execution against the said Inhabitants with express Order to them to Swear Allegiance to France and not receive any Order or Command to pay any Taxes Loans Rents or other Duties whatever in Money Grain or otherwise upon pain of paying twice The Right of Spain to Anhee That the Territory of Anhee with its Appendences consisting in the places following viz. Anhee Mets Grainge Rostenne Haux le Wasteau Ohey Hontoir Riviere Chestrevin Melin Mestprin Flun and Welin Onhaye Marine and Soumiers are Dependents of the Province of Namur appears First By the Register remaining in the Office of the General Receipt Intituled on the Cover The Register of the Demesnes of the Country of Namur Ann. 1265 where among others in the Chapter of Bovignes all the places above-mentioned are particularly enumerated in so many several Chapters in every of which it is expresly Declar'd That the Earl of Namur hath in every of those places Right of Subsidies and Tallies and several other Rights there particularly set forth It appears Secondly by the first Volume of the Old Repertory in the Enumeration of the Fiefes of the Soveraign Bayliage of this Province that several of the said places to wit Wespin Hontoir Flun Chestrevin and others are Fieses held of the Castle of Namur where the Homage of the Tenants done two or three Ages since remain of Record as also in the Register of the Fiefes of the Bayliage of Bovignes Thirdly It appears by an old account Heard and Decreed in the Chamber of Accounts at Lille the 10th of October 1493 for the Aids granted in the year 1491 by the Members of the three Estates of this Province That Anhee is comprized in the Bayliage of Bovignes It appears further by the Accounts of the years 1559 and 1562 of the Aids of the Spirituality of the Province that Soumiers Ohey and Outr●y have as Dependents of the Mayory of Anhee been Assess'd towards payment of the said Aids granted by the said States Lastly It appears by the Register of Surveys made by the Deputies of the Governour of this Province that the Mayoralty of Anhee and all the places abovementioned are integral parts of the same Province Profondeville The like Order was sent to Profondeville The right of Spain to Profondeville It appears by a Record of the year 1212 in the Castle of Namur that by the Mediation of Arbitrators there named an Agreement was made between the Chapter of Hay and Philip Marquess of Namur containing among other things That all that Wood called Profondeville with all Right Property and Dominion therein shall remain to the Lord of Namur and his Heirs saving to the Inhabitants of the place their Right and Custom of Fewel Pales Rods Buildings c. in the same Wood. By another Record of the year 1341 in the Castle of Namur it appears that Profondeville is part of the County of Namur and that Philip de Juppleu did Homage to the Earl of Namur for a House and Garden he had in Profondeville It appears also by the Register of the year 1265 that the Earl of Namur hath right of Taxing the Tenants of Profondeville and receiving other Duties there particularly mentioned Moreover Profondeville is returned within the Bayliage of Bovignes and accordingly assess'd at a certain sum in the said accompt of Aids of this Province granted at Lille in 1493. As also in the Accompts of the years 1559 and 1562 of the Aids of the Clergy of Namur And in the Register of Surveys made in the year 1602 in the Survey of the Bayliage of Bovignes Profondeville is mentioned as an integral part of the Province of Namur Aveloy Faultrier sent an Order the same in effect with that above-mentioned to Aveloy The Right of Spain to Aveloy By the Register abovementioned of the year 1265 it appears that the Earl of Namur hath Right of Tallage Mortmain Escheats and many other Rights particularly exprest there in Aveloy And by the Register of Fiefes Aveloy is a Peerdom holding of the Castle of Namur a moiety of which Peerdom belongs to the Abbot of Floresce and the other Moiety to the Lord of Ham on the Sambre And the Abbot as well as the Lord of Ham have ever since the year 1361 to this day done Homage for it to the Earls of Namur from time to time It appears also by the said Account of Aids of the year 1493 That Aveloy is Returned and Assess'd within the Bayliage of Bovignes as also by the Accounts above-mentioned of the Aids of the Clergy in 1559 and 1562 And in the Register of Surveys of the year 1602 it is returned as Part of the County of Namur Wepion The said Intendant sent like Orders to Wepion The Right of Spain to Wepion It appears by the Register of a Survey of the Banlieu or Capital place of the Town of Namur in 1601 by William Rancet Lieutenant Mayor in pursuance of an Order of the Mayor and Sheriffs of Namur That Wepion is a Member of the said Capital place and appeartains to it with all the Houses and Heritages thereof The Le Chasteau and its Dependents The Inhabitants of Thy Le Chasteau and its Dependences received an Order to the like effect and Dated as That before mentioned The Right of Spain to Thy Le Chasteau It appears by two Letters remaining among the Records in the Castle of Namur of the years 1289 and 1290 that Gerard Lord of Thier erected a Fiefe in the Burgess-ship of Thier and made a Gift of it to the use of Simon de Neuville and had the Licence