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A64922 A view of the differences between France and Spain in which is shown the present posture of the affaires of Europe· English't by a person of honour.; Judicious vievv of the businesses which are at this time between France and the house of Austria. Person of honour. 1684 (1684) Wing V362C; ESTC R222550 100,105 246

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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 Charles 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 Vermandois 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 Neeces was Father to Hugh the V. who dyed without issue and of Eudes the IV. both