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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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of losing his Fee The Lord of the same place did Fealty and Homage for it to Duke Wenceslaus in the year 1398 with other Lords and Feoffees of that Countrey and his Successors did the like in the years 1532 1546 1563 1573 and 1600. The Castle and Lordship of Bertrange c. 48. The Castle and Lordship of Bertrange the Lords whereof have not only been Lords Feodals and Gentlement of that Country but had Jurisdiction over the Gentlemen Feoffees of the same as appears by the Act of Sale of the Towns of Verton Ivoix and la Ferte conveyed to Jeffrey de Bertrange in the year 1340. is not distant above a 11 hours Journey from the Capital City and stands inclosed within the Provostship of Luxemburgh The Castle and Lordship of Ansembourgh c. 49. The Castle and Lordship of Ansembourgh consists in three Villages and Hamlets wherein his Catholick Majesties Predecessors and his Majesty have for several Ages exercised to this day all acts of Soveraign Jurisdiction by their Provost of Luxemburgh particularly by the Execution of Malefactors condemned to dye And the Lord of Ansembourgh in the year 1398 did Fealty and Homage with the other Feoffees and Subjects of that Country to Duke Wenceslaus The Castle and Lordship of Hellenfelts c. 50. The Castle and Lordship of Hellenfelts consists in twelve Villages and Hamlets the Lords whereof have been Feoffees of that Country And John de Helvetz above three hundred and sixty years past was Justicier of the Nobles there And the Conveyance of the said Lordship was made before the Justicier and Bench of Nobles of that Country as appears by the Sale and Conveyance made in the year 1477 Since which as before it hath been taken in Fee from the Dukes of Luxemburgh as appears by the Records of Fealty and Homage in 1546 1547 1570 1577 and 1624. The Castle and Lordship of Mersch c. 51. The Castle and Lordship of Mersch consisting in fourteen Villages and Hamlets hath also been an ancient Demesn of the Earls of Luxemburgh as appears by the Gift of part thereof made by Sigisfroid first Earl of Luxemburgh to the Monastery of St. Maximin the residue thereof with the high Jurisdiction or right of doing Justice in Capital matters as well as those of inferior Nature having been held in Fee of his Catholick Majesty by Temporal Lords who have been always Cavaleers of that Country and assisted as such at the Sessons of Nobles held at Luxemburgh particularly at the Sessions held in the year 1407 and with other Feoffees of the same Country did Fealty and Homage to the Emperour Wenceslaus as Duke of Luxemburgh in the year 1398 and afterwards received the said Lordship as a Fee of the Dukes of Luxemburgh in 1520 1534 and 1571. The Castle and Lordship of Pittange c. 52. The Castle and Lordship of Pittange consisting in sixteen Villages and Hamlets the high Justice whereof the King of Bohemia in the year 1311 gave to Arnold Lord of Pittange for inlargement of his Fee The Lord of Pittange did Homage for it to the Emperour Wenceslaus in the year 1398 The Sale and Conveyance of it was past before the Justicier and Bench of Nobles of that Countrey as appears by the Grant thereof made by Margaret Lady Pittange in the year 1458 since which the Lords thereof have successively taken it of the Dukes of Luxemburgh as appears by the Records of Services done upon admission in the years 1520 1532 1546 1547 1562 1570 and 1572. The Lordship of Huperdange 53. The Lordship of Huperdange is a Dependent of that of Pittange and was given by Henry Earl of Luxemburgh to Arnold of Pittange in the year 1281 on condition he should hold it in Fee by Fealty and Homage And for enlargement of the said Fee the King of Bohemia granted the said Arnold the Right and Power of High Justice or Criminal Jurisdiction in the year 1311. The Lordship of Arlon-Court 54. The Lordship of Arlon-Court consists in three Villages and Hamlets and is a Capital place and ancient Fee of the said Province John King of Bohemia having granted Arnold de Pittange High Justice there in the year 1311 for inlargement of his Fee And in 1570 the Lord of Arlon-Court did Homage for it The Lordship of Meissenburgh 55. The Lordship of Meissenbourgh consists in fifteen Villages and Hamlets The Lords thereof have been Counsellors to the ancient Earls of Luxemburgh before and since the year 1237 and in 1398 did Fealty and Homage for it to the Dukes of Luxemburgh and afterwards in the year 1532 1547 1556 and 1624. The Castle and Lordship of Fischbach 56. The Castle and Lordship of Fischbach consists in three Villages and Hamlets The Lords thereof have been Cavaleers of that Country done Fealty and Homage to the Duke in 1398 and assisted at the Session of Nobles in 1407. The High Justice thereof was given by Justus Marquess of Brandenburgh to Robert and John de Fischbach on Fryday before the Visitation in 1407. And Wenceslaus King of the Romans on St. Simons day in the year 1409 confirm'd the said Gift The Conveyance of Sale of part of the said Lordship was pass'd before the Justicier and Bench of Nobles of Luxemburgh the 13 of September 1581 and the 18 of May 1628 and the Lords of it have done Fealty and Homage for it to the Dukes of Luxemburgh The Castle and Lordship of Leinster c. 57. The Castle and Lordship of Leinster or Linceren consists in nine Villages and Hamlets The Lords thereof have been ancient Feoffees of that Country and in 1236 obliged themselves to observe the Priviledges granted to the Inhabitants of Echternech by the Countess of Ermesinde on pain of forfeiting their Fee The Lord of Leinster in 1230 did Fealty and Homage for it the like was done for it to Duke Wenceslaus in 1398 and afterwards to other Dukes in 1447 and 1556. The Castle and Lordship of Heffingen 58. That the Castle and Lordship of Heffingen is a Capital place and held in Chief of the Duke of Luxemburgh appears by the Records of Services upon Admissions in 1563. The Lordship of la Rochette with the Wall of an old Castle and fifteen Villages and Hamlets c. 59. The Lordship of la Rochette consists in fifteen Villages and Hamlets the Lords thereof have been ancient Feoffees of that Country and as such have purchased several Lordships there and in 1398 and since in 1546 1563 1570 1600 and 1621 have done Fealty and Homage for it to the Dukes of Luxemburgh as appears of Record The Lordship of Heringen 60. In 1570 the Duke of Luxemburgh had Fealty and Homage done him by the Lord of Heringen for his Lordship of Heringen consisting in a Village and a Hamlet The Castle and Lordship of Beaufort c. 61. The Castle and Lordship of Beaufort consisting in eleven Villages and Hamlets is a Fee and Capital place of the Dutchy of Luxemburgh In 1338 among other
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
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
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
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
of the Earl of Namur for so doing By another Record of the year 1322 it appears that the Steward of Haynalt holds the Land of Thy of the Earl of Namur And by the Register of the year 1265 that the Earl of Namur hath right to Command all the Inhabitants of Thier to attend him in the Army and to provide Horses and Carriages for his Progresses and Journeys or to pay him Composition for the same By the old Repertory of the Fiefes it appears that John Lord of Werchin Seneschal of Hamault is Liegeman to the Earl of Namur and did him Homage for all his Territory of Thier to wit the Castle-house and Towns of Thier Castle Feroul Line Tarsinne The Jurisdiction of Rabusee Somzee Gourdins with all and every their Appurtenances And that from the year 1367 James Lord Werchin Steward of Hamault and his Successors from time to time to this day did Homage to the Earl of Namur for the said Territory The same Territory of Thy Le Chasteau is Charged and Assess'd at a certain sum both in the said Accompts of Aydes in the year 1493 and of the Aids of the Clergy in 1562. And by the Register of Surveys in 1602 't is clear that Thy Le Chasteau is part of the Province of Namur and Bayliage of Bovignes Ayseaux le Reux and the Abby of Ognyes The like Order of the 29th of September 1681 was sent by Faultrier to the Mayor Sheriffs Officers at Law and Inhabitants of the Village of Ayseaux le Reux and Ognyes with their Appendents and Appurtenances The Title of Spain to the places last above-mentioned As to Ayseaux there is in the Castle of Namur a Record of the year 1334 concerning the difference between the Duke of Brabant and Earl of Namur about Aysiaux which was referred to the Arbitration of the French King and other Lords there named wherein it is awarded that the Earl of Namur shall use Soveraign Jurisdiction in Ayseaux By another Record of the year 1343 in the same Castle mention is made of an Agreement concerning the Land of Ayseaux whereby John Duke of Brabant released the Right he claimed to the said Territory to the use of William Earl of Namur By another Record of the year 1350 the French King being chosen Arbitrator between the Duke of Brabant and the Earl of Namur about Ayseaux Awarded that the Prior of Ognyes should receive and keep the Rents and Profits of the Territory of Ayseaux till Determination of the matter in Controversie between the Parties By another Record of the year 1357. Wencestaus Duke of Brabant and William Earl of Namur surrendered their right to Ayseaux into the Emperors hands with Power to dispose thereof as he should think fit Since which Ayseaux was granted to the Duke of Brabant and John the first of that name gave it to his Son John the Bastard of Braban surnamed Brant whose Mother was a Daughter of that House the Land and Lordship of Ayseaux with the Appurtenances to be held in Fee of the Duke The present Marquess d' Ayseaux is a Descendent of the said Brant and in Right thereof sits in the States of Brabant as appears by the Feodal Registers of Brabant and by Christopher Berken's Trophees of Brabant Printed in 1641 fol. 448 c. 653 c. N. The beginning of October 1681 the French posted themselves at Wepion close by Namur and hindered the Importation of any Grain into Namur by Land or by Water and for that purpose seiz'd several Sacks of Corn and Horses that came from Villers and searched all the Boats that came down the Meuse The Fishery in the Meuse at Wepion The French have prohibited his Catholick Majesties Farmers of the said Fishery at Wepion and thereabouts and taken away the Fish they had taken pretending that the said Fishery belong'd to the most Christian King Besides Faultrier made an Ordinance Dated the 10th of September 1681 to all Persons any way accomptable for the Demesnes of his Catholick Majesty between the Sombre and the Meuse to make Payment of what is in their hands to N. Boron and his Order And sent a Billet without Date whereby he gave notice he would at nine in the morning at Falaen sell to him that bid most the most of the Forests of Biere of High and Low Marlaigne of the Forest of Marly the Forests of Biesne old Tournan Halloy the under-Woods of Wellan Hez Bruaire Feroniar and Ford all situate between the Sambre and the Meuse and belonging to his Catholick Majesty The Right of Spain to the Fishery and Forests By a Placart of His Majesty Decreed and Publish'd in the year 1591 concerning the Isles in the Meuse and grounded upon an ancient Record of that Country it appears his Majesty as Earl of Namur hath the whole Course of the River from beyond Saulx a Revin towards France to the Poplars of Ardem and Rieu d'Alim near the Town of Huy with full Seigniory and Jurisdiction As to the Forests of Biere c. it appears by a Record of the year 1324 remaining in the Castle of Namur that a certain Lady granted and transferred to the Earl of Namur the Wood of Marliar As for those of Biert Bresne Marlaigne and others see what hath been said before concerning them Floreffe An Ordinance Dated the 28th of September 1681 was posted up by night in Floresse whereby the said Intendant Prohibits the Transportation of Grain out of the Territories under the Dominion of France Commanding the Guards and others to stop their passage to seize the Horses and Carriages and the Boats if any pass loaden with Grain and to Confiscate them to the use of the Farmers of his most Christian Majesty though the Village of Floreffe is notoriously known to be within the Dominions of Spain and the French have not yet possess'd themselves of it so that 't is superfluous to add any more on that Subect Spontin An Ordinance to the like effect was sent by Faultrier to Spontin and divers other Villages of this County with a Prohibition to the Mayor Sheriffs and Inhabitants of Spontin to pay any Tallage or Aids to his Catholick Majesty on pain of Disobedeince The Title of Spain to Spontin By a Record of the year 1377 in the Castle of Namur it appears that the Lord of Spontin owns the Earl of Namur to be his Lord and confesses he bought of him the Mill of Spontin for some Bushels of Corn to be delivered into the Granaries of the Castle of Polvache Besides in an old Register of in the Offiec the Soveraigne Bayliage Intituled The Register in Parchment it appears in the Chapter of Poilvache that William Lardienoy held of the Earl and did him Homage for his Castle Lordship and Territory of Spontin to wit the Town of Spontin and its Dependences there set forth at large In the said Account of Aids of the years 1491 and 1562 Spontin is Assess'd among the Villages of this Province And in
less suprizing and groundless than the former They have possess'd themselves there of several open places belonging to his Catholick Majesty and among others of the three Towns of Loo Roulers and Renaix The Town Loo is immediately subject to his Catholick Majesty as Earl of Flanders having been always Govern'd by particular Officers without other dependence than that of contributing in Assessments with the Freedom of Bruges whose Customs it follows as may be seen by the Records of the Province and the Customs of the Freedom of Bruges Tit. 1. Art 6 7. After the Peace of Aix la Chappelle France pretended to it as a dependent of Furnes and the Sieur Bobert the French Intendant quartered Forces there under that pretence in the year 1668. But those of the Council of Flanders having made the contrary appear by Letter of the eighth of June that year the Intendant acknowledged himself satisfied and by Letter of the 13th of the same Month answered that had he been so informed before he would not have sent any Forces thither his answer was confirmed by Order he sent for the speedy dislodging of the Troops quartered there which being accordingly done his Catholick Majesties unquestionable right to that Town was owned and confirmed by the confession of the French Notwithstanding this after the Peace of Nimmighen they made use of the same pretence for appropriating to them the Soveraignty of that Town in pursuance whereof they placed new Magistrates there in 1679. The same year they possess'd themselves of the Town of Roullers pretending it a Dependent of the Castlewick of Ipre though it be in truth a Signiory in chief and is called as such to the States of Flanders in all Assessments of Aids and Subsidies and is part of the Land of Wynendall within the Freedom of Bruges The Aids and Subsidies charg'd on the Castlewick of Ipre as well as those on the Town of Roullers are paid at Roullers in all other things the Town of Roullers is wholly separate and distinct from the Castlewick of Ipre and so absolutely independent that the Inhabitants of Roullers have never contributed to the Charges of the Castlewick and Roullers hath been so far from being reputed a dependent of the Castlewick of Ipre that it had not any benifit of the redemption quarters purchased by that Castlewick or granted it from time to time And the independence of it from the Castlewick hath been confirm'd by a Sentence upon Appeal in 1578. The Town and Territory of Renaix is immediately subject to his Catholick Majesty as Earl of Flanders and pays its Services in his Chamber of Justice established in the Town of Ghent It belonged formerly to the Abbots of the Monastery of St. Cornelius and in the year 1280 was sold to Guy Earl of Flanders and united to that Province The same Guy gave it to one of his Sons in Fee to hold of him his Heirs and Successors Earls of Flanders and it was accordingly held for several Ages This possession is grounded on abundance of Evidences and Decrees of Confiscation to the use of the Earl of Flanders as Soveraign Lord so that the Right of his Catholick Majesty to it is beyond contradiction but the French whose Right consists in their Arms have sent Troops to quarter there and usurp the Soveraignty of the place against his Catholick Majesty Breaches in the Dutchy of Luxemburgh The Province of Luxemburgh hath more than any other felt their daily Contraventions against the Treaty of Peace for in the time of full Peace the French have taken in that Province without any reason other than that of the Right of Arms a great number of Towns Castles and Territories of very large extent The Castle of Bourg of Rodemacker is a Signiory in chief depending immediately of his Catholick Majesty as Duke of Luxemburgh it holds immediately of his Majesties Person and does its Fealty and other Services due to his Majesty before the General Governour of that Province as appears by Surveys and other Records particularly those of 1552 and 1553. And by the admission of the Marquess of Baden in 1562. The French pretended to it as belonging to them by the Cession of Thionville by the Treaty of the Pyrenees But in the Conferences held for execution of that Treaty the Right of his Catholick Majesty was so clearly made out and maintain'd that he continued in possession of the Castle and Burrough and in the beginning of the War in 1667. His most Christian Majesty granted them a Neutrality at the request of the Marchioness of Baden The Publick Faith ought in that case to have secured them from his Arms but hath been so far from securing them that the French Troops expresly contrary to the Neutrality possess'd themselves both of the Castle and Burrough By the Treaty of Aix la Chapelle reparation was agreed to be made for this Violence but the last War breaking out before reparation obtain'd his Catholick Majesty retook the the Burrough and Castle and continued a Garrison there till both were demolished So that the last possession hath gone with the right of his Catholick Majesty Yet though after this and especially after the conclusion of the Peace at Nimmighen all violent attempts and seizures by force ought to have ceas'd the Ministers of France have not only possess'd themselves of the said Castle and Burrough for no other reason than that Right must submit to Might but have seiz'd other Lands to the Gates of Luxembourgh pretending they are Dependences of the Burrough or Castle of Rodemacker for which there is not any more colour than for the pretended dependence of Rodemacker on Thionville Upon this ground it was that in October 1679. they seiz'd the Castle of Esperange within half a League of Luxemburgh forc'd the Inhabitants of the Signiory to swear Fealty to the most Christian King abus'd the Mayor of the place for opposing them and prohibited the Inhabitants to acknowledge any longer the Soveraignty of his Catholick Majesty as Duke of Luxemburgh or resort to the Fairs held in that City upon pain of Corporal punishment though it clearly appears by the Records of admissions of the Tenants of Rodemacker that the Territory of Rodemacker extends not to Esperange nor the Villages its Dependents And by the admissions of the Tenants of Esperange it is equally evident it is held immediately of his Catholick Majesty as Duke of Luxemburgh being a Seigniory in chief and as independent as Rodemacker it self The complaints made on this account to the Court of France appeared so reasonable that Monsieur de Pompone the twentieth of October 1679. declar'd to the Sieur Del Val by express Order of his most Christian Majesty that the Intendant having been charg'd to cause all the Inhabitants of the places his Majesty was possess'd of in Alsace and Lorain to swear Allegiance to him had of his own head extended the Order to the places above mentioned But that no advantage should be taken of it
Blood did the like Services for the said County till a certain Lord of Reiferscheidt Earl of Salm having for Violences and Outrages by him committed been banished out of these Countries and his Estate declared confiscated to the use of the Emperour Charles the Fifth Duke of Luxemburgh by Sentence of the Great Council at Malines 16 January 1528. his Son John of Reiferscheidt Earl of Salm was summoned to appear at the said Council to hear Execution awarded of the said Sentence at his peril But this John having submitted himself by agreement made at Bruxelles with the Queen Dowager of Hungary and Bohemia Governess of the Low-Countries 21 February 1549. the said Earldom of Salm and all the Estate thereto belonging were granted to the said John of Reiferscheidt Earl of Salm but upon express condition that he should take and hold them in Fee of the Emperour Charles the Fifth as Duke of Luxemburgh by the Services accustomed And the third of January 1551. the said John took them accordingly and ever since the successors of the said Earl of Salm have been used and reputed as his Predecessors had been Vassals of his Catholick Majesty and his Ancestors Dukes and Earls of Luxemburgh and the Subjects of the said Earldom have contributed to all publick Charges imposed on the Province of Luxemburgh The Country of Vianden 43 The County of Vianden consists in a Castle Town and forty nine Villages and Hamlets divided into six Mayordoms of which several other Castles and Lands hold as Mesne Fees It is of large extent and for several Ages past hath been held in Fee of the Earl of Luxemburgh The first Earl of Vianden was Frederick in the Year 1124. who left Signisfroid his Son his Successor to whom succeeded Frederick about the Year 1193. and to Him his Son Philip who dying without Heirs of his Body left the said County to his Brother Henry who having been kept Prisoner by Walerand Duke of Limburgh and Earl of Luxemburgh was set at liberty on Condition he should acknowledge Walerand Lord of the Fee of the said County of Vianden the next Earl of Vianden was Philip Son of the said Henry who was kept Prisoner by his Nephew Henry upon some difference between them about the Succession of the County of Vianden On this occasion it was that Henry Bishop of Utrecht Brother to Philip Count Vianden pass'd an Act in the Year 1264. in favour of Henry Earl of Luxemburgh by which he promises that Philip his Brother and his Successors should hold the said County of Vianden as a Fief Liege immediately of the Earl of Luxemburgh on Condition the said Henry Earl of Luxemburgh should use all the means he could to set at liberty the said Philip Earl of Vianden and to restore to him the Castle of Schonecken usurped by his Nephew Henry The said Philip accordingly took the Earldom of Vianden of Margaret Countess of Luxemburgh Wife of Henry the Second Earl of Luxemburgh and of Henry the Third of that Name their Son on Tuesday before Lent in the Year 1270. Godfrey having succeeded his Father Philip left Heir of the County of Vianden Philip begotten of Lintgarde Lady of Lignie c. which Philip took in like manner the said County of Vianden in 1306. of Henry the Fourth of that Name Earl of Luxemburgh and Emperor of the Romans Afterwards the said County came by Marriage to the House and Family of Nassau above three hundred years ago and the Princes of Orange have successively taken it of his Catholick Majesty and his Predecessors Dukes of Luxemburgh and the Subjects of Vianden have from time to time constantly contributed to all Aids and publick Charges ordinary and extraordinary with other Subjects of the Province of Luxemburgh and his Majesty whenever he pleased put a Garrison into the Castle and Town of Vianden The Land and Seigniory of St. Vithe c. 44. The Land and Seigniory of St. Vithe consisting in a Town and forty seven Villages divided into six Courts is an ancient Fee of Luxemburgh Count Henry the Second of that Name having long since had Toll and Conduct-Money in St. Vithe and Bullenge in the Year 1253. as appears by the Agreement between the said Count Henry and his Sister Elizabeth Wife of Walerand Lord Faulcomont and Montjoy in the Year 1270. Walerand Lord Faulcomont and Montjoy did Fealty and Homage for the said Land and Seigniory to Henry the Second of that Name Earl of Luxemburgh and Margaret his Wife So did Reynald Lord Faulcomont and Montjoy in 1306. to Henry the Fourth of that Name Earl of Luxemburgh for the Lordship of St. Vithe which coming afterwards to Simon Earl of Spanheim he did Fealty and Homage for it to Winceslaus Duke of Luxemburgh in the Year 1380. The same Lordship passing since by Marriage into the Family of Nassau the Princes of Orange have always done Fealty for it with the County of Vianden and other Lands and Lordships in the Country of Luxemburgh as a Fee held of the Duke of Luxemburgh And the Inhabitants of the said Land and Lordship have always Contributed with the rest of his Catholick Majesties Subjects towards all publick Aids and Charges ordinary and extraordinary And his Majesty hath placed a Garrison in the Town of St. Vithe when ever he thought it convenient The Lordship of Munster c. 45. The Lordship of Munster near the City of Luxemburgh is a Capital place consisting of our and twenty Villages Hamlets and Farms and hath been of the ancient Patrimony of the Earls of Luxemburgh who in the year 1080 endowed therewith the Abby of Munster as appears by the Foundation of Conrade the second of that Name Earl of Luxemburgh in the year 1083 Confirm'd by Earl William his Son and Walerand Earl of Luxemburgh in the year 1225 And the Priviledges and Exemptions granted them have been confirm'd successively by Wenceslaus Earl of Luxemburgh in the year 1398 by Philip Duke of Burgundy in 1432 by Maximilian the Emperour in 1486 and by Charles the Fifth the 15th of July 1531. The Lordship of Mont St. Jean c. 46. The Lordship of Mont St. Jean consisting in four Villages and Hamlets with an old demolish'd Castle hath ever been under the Soveraignty of the Earls and Dukes of Luxemburgh and held in Fee immediately of them as appears by the Records of Fealty and Homage in the years 1563 1573 1600 1624. The Castle and Lordship of Differtange and Solleuvre c. 47. The Castle and Lordship of Differtange and Solleuvre with three and twenty Villages Hamlets and Farmes its Dependents hath been part of the ancient Demesnes of the Earls of Luxemburgh as appears by Deed in 1238 wherein Alexander Lord of Solleuvre hath acknowledged the said Lordship to have descended to him as a Fee from Ermesinde Countess of Luxemburgh who having in the year 1236 confirmed the Priviledges of the Town of Echternach the said ALexander obliged himself to observe them on pain
the Feoffees of the Dutchy the Lord of Beaufort did Homage to the Duke The Lordship having since been Confiscated by Arch-Duke Maximilian he invested in it Messire Jean Bayer of Bapport as appears by the Act of Donation made the 7th of August 1478. And the Successors of the Donee have since done Fealty and Homage for it to the Dukes of Luxemburgh as appears by the Records thereof in 1506 and 1621. The Castle and Lordship of Berbourg 62. The Castle and Lordship of Berbourg or Beaurepart consisting in eleven Villages and Hamlets is an ancient Fee of the Dutchy of Luxemburgh as appears by the Act of Renovation of the Priviledges of Echternach by which Viry Lord of Berbourg is obliged to observe them upon pain of being deprived of his Fee In 1238 the Lord of Berbourg did Homage for it to the Duke of Luxemburgh the Successors of the said Lord did the like in 1563 1573 and 1600 The Lords of the said place having been the ancient Chancellors of that Countrey and acknowledged to b e so in the Session of Nobles held at Luxemburgh in 1407. The Lordship of Herberen and Mompach 63. The Seigniory of Herberen and Mompach is a Fee held of the Duke of Luxemburg and in 1451 John de Sirk did Homage for Mompach to the Duke The Castle and Lordship of Reulandt 64. The Castle and Lordship of Reulandt consisting in fifteen Villages and Hamlets is an ancient Fee of the Dutchy of Luxemburgh as appears by the Act of Sale made by Elizabeth of Blackenheim to the King of Bohemia in 1327 wherein she declares she sells it in the same manner as the late Feris of Blackenheim held it in Fee of the said King by Homage and Fealty And the said Lordship having afterwards been granted out in Fee it was taken in the year 1384 of King Wenceslaus as Duke of Luxemburgh and annext to the Office of Chamberlain of the Dutchy and in the year 1549 Homage was again done for it The Castle and Lordship of Ouren 65. The Castle and Lordship of Ouren consists in six Villages and Hamlets the Lord thereof with other Subjects and Vassals of the Dutchy of Luxemburgh did Fealty and Homage to Duke Wenceslaus in 1398. The Castle and Lordship of Clervaux 66. The Castle and Lordship of Clervaux consists in four and forty Villages and Hamlets the Lords whereof have anciently been Chancellors of this Country as appears by the Sale of Ivoix the Conveyance whereof was made before Walter de Chervaux and Chancellor of the Province who with other Cavaleers of those parts did Fealty and Homage to Duke Wenceslaus in the year 1398. The Castle and County of Wiltz 67. In the year 1398 and after Fealty and Homage have been performed to the Dukes of Luxemburgh for the Castle and County of Wiltz consisting in three and twenty Villages and Hamlets The Castle and Lordship of Esch 68. The Castle and Lordship of Esch or Aisse consists in nineteen Villages and Hamlets the Lords whereof were anciently Chancellors of the Country having assisted the Earls of Luxemburgh in Council and in quality of Noble Feoffees taken Cognizance of Sales and Grants of the Lordships of the same Country as appears by an Act pass'd in 1230 before Robin d'Esch Knight This Lordship was formerly held of the Earl of Vianden who having afterwards consented it should be holden immediately of the Earl of Luxemburgh Homage was done to him immediately for it in 1270 1306 1506 1551 and 1624 And in 1398 the Lord of Esch with other Chancellors of the Country swore Allegiance to Duke VVenceslaus And in 1402 John d'Esch acknowledged himself his Subject The Castle and Lordship of Bourscheidt 69. The Castle and Lordship of Bourscheidt consists in twelve Villages and Hamlets The Lords thereof were anciently Cavaleers of the Earls of Luxemburgh particularly Solver de Bourscheidt who was Justicier of the Nobles there and by Act in 1233 acknowledged himself a Liegeman of Luxemburgh and entred into obligation to guard and defend the Castle of Luxemburgh and declared that the Countess of Luxemburgh ought as heretofore to have aid of the Castle of Bourscheidt Fery de Bourscheidt acknowledged himself under the like Obligation in the year 1317. The Lord of Bourscheidt in 1398 with other Chancellors of the Country paid Homage to VVenceslaus Duke of Luxemburgh VVerner Zanden of Bourscheidt and John Theodore Zanden did the like to the Duke of Luxemburgh in 1551 and 1624. The Town Castle and Lordship of Newerbourgh 70. The Town Castle and Lordship of Newerbourgh consisting in the Town of Newerbourgh and two and fifty Villages and Hamlets is a very ancient Fee of the Country of Luxemburgh the Earls of Vianden having acknowledged they held it in Fee of the Earls of Luxemburgh by Acts and Services done for it in the years 1257 1270 and 1306 Since which time the Lords of Newerbourgh with consent of the Earls of Vianden have taken it in Fee immediately of the Earls and Dukes of Luxembourgh as appears by the Records of Homage in 1547 1551 and 1598 And in 1398 Everard de la Marck as Lord of Newerburgh did Fealty and Homage for it to Duke VVenceslaus The Castle and Lordship of Brandenburgh 71. The Castle and Lordship of Brandenburgh consists in six Villages and Hamlets and in the years 1270 and 1306 hath been acknowledged a Fee of Luxemburgh by the Earls of Vianden in 1398 the Sieur de Brandenbourgh with the other Gentlemen of this Country swore Allegiance to Duke VVenceslaus The Castle and Lordship of Kayll 72. The Castle and Lordship of Kayll consisting in two Villages hath by Thiry of Blackenheim been acknowledged a Fee held of the Dutchy of Luxembourgh as appears by an Act of Recognition in 1449 Arnold de Blackenheim did Homage for his part of it in the years 1357 and 1378 and William and Philip Theodore of Manderscheidt in 1482 and 1624. The Castle and Lordship of Falkenstein 73. The Castle and Lordship of Falkenstein or Faulconpiere consisting in three Villages and Hamlets is an ancient Fee of Luxemburgh as appears by the Records of Homage done for it by Arnold de Faulconpiere in 1270 and by other in 1451 and 1624. The Castle and Lordship of Bettingen 74. The Castle and Lordship of Bettingen consists of nine Villages and Hamlets the Lord thereof did Fealty and Homage to the Emperour Wenceslaus Duke of Luxemburgh in 1398 the like Services were done for it as a Fee of the Dukes of Luxemburgh in 1451 and 1624. The Castle and Lordship of Ham. 75. The Castle and Lordship of Ham consisting in four Villages and Hamlets is a Fee and part of the ancient Patrimony of the Earls of Luxemburgh as appears by the Act in 1334 whereby the King of Bohemia gave the High Justice of Ham to Gerard of Ham for improvement of his Fee And the Lord of this place in 1398 did Homage for it with other Feoffees to Duke Wenceslaus The Lordship of
Rutte la Grande The Castle and Lordship of Signeul St. Remy The Castle and Lordship of Villers before Orval The Castle and Lordship of Porcheresse Vance consisting in two Villages The Castle and Lordship of Boulogne in five The Castle and Lordship of Horbeumont in seven The Castle and Lordship of Everlange consisting in nine Villages and Hamlets The Lordship of Nasseigne The Castle and Lordship of Grune All which last mentioned Lordships are also Capital places and Fees held of the Marquisat of Arlon the Earldom of la Roche Durbuy and other places and some of them of the Dutchy of Luxemburgh whereof the Catholick King is Sovereign And the said Lordships have not only been for many Ages reputed parcel of the Dutchy of Luxemburgh but the Dukes thereof have in the face of all the World peaceably enjoy'd them and exercised therein all Powers and Acts of Sovereign Jurisdiction Without that that they or any other the places before mentioned have had any dependence on the County of Chiny or any other Capital place belonging to France These men would think are Reasons sufficient to make out the Right of his Catholick Majesty to these places and that he ought to continue in possession of them the rather for that France hath not any colour of pretence to them since the Act of the 25th of November 1462 of the Grant and Conveyance of the Dutchy of Luxemburgh and the Counties of Chiny and la Roche by Lewis King of France to Philip Duke of Burgundy whereby the said King of his special Grace full Power and Royal Authority hath given granted conveyed and released all Right Title Interest Claim and Demand he had or could have to the Dutchy of Luxemburgh and the Counties of Chiny and la Roche their Appurtenances and Appendences Quit-rents Rents Jurisdictions Property Fee and other Rights thereto belonging as well by means of the purchase thereof by his late Father as otherwise howsoever To have and to hold to the said Duke of Burgundy and his Heirs forever without that that the said King Lewis his Heirs and Successors shall or may Claim or Demand the same for any cause whatever Yet France as hath been made appear hath possessed it self of all the Towns Lands and Lordships before mentioned and generally of all the places of the Province of Luxemburgh except the Capital City and the 25 Villages of the Provostship of Luxemburgh though without Reason or Ground 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 Namur since the Publication of the Peace of Nimmighen Agimont in the possession of France CHarlemont having in pursuance of the Peace made at Nimmighen been yielded up to France the French Ministers thought fit to take Possessiof Agimont with its Appurtenance and Dependences notwithstanding the Claims and Protestations of the Officers of his Catholick Majesty against the Proceedings of the French And under pretence that the Villages of Maisnil St. Blaise Hargnies and the two Bourseignes are Dependents of Agimont Faultrier the French Commissioner and Intendant sent Order of the 30th of March 1680 to those of the Village of Maisnil St. Blaise to repair to Charlemont to swear Allegiance to the most Christian King which they and those of Hargnies and the two Bourseignes were forced to do The Right of Spain to Agimont True it is that Agimont being neither part nor within the limits of the Province of Namur there in not in the Records of the Castle of Namur any Evidence to justifie the Right of his Catholick Majesty to it and to prove it Independent of Charlemont But let it be observed that the Castle of Agimont is of a Structure far more ancient than the Fortress of Charlemont which was built by the Emperour Charles the Fifth about and Age since so that we cannot see how Agimont can be a Dependent of Charlemont And by two Copies the one Dated the 6th of April 1555 it appears the said Emperour Charles the Fifth bought the Castle and Strong-house Town Land and Lordship of Agimont with its Rights and Dependences And by the other Dated the 7th of March 1574 That his Majesty ingaged the said Castle Land and Lordship to the use of Lancelot de Berlemont Earl of Meghe As to the Villages of Maisnil St. Blaise Hargnies and Bourseignes it appears by an Act of the 7th of March 1431 that Homage was done for them by the Lord of Agimont to the Earl of Namur as Lord of Poilvache Since which they were united to the Provostship of Poilvache and have been accordingly Charg'd in the accompt of the Aids of the Province of Namur granted his Majesty the 10the of October 1493 as by the Close Rolls in the Chamber of Accompts at Lille Since which time they have to this day paid the said Aids and Contributed to publick Charges as well as other places of the Province Waulsors Hastiers and Ermeton The same Intendant Faultrier sent Order Dated the 5th of April 1680 to the Mayors of Waulsors and Hastiers signifying that his Christian Majesty had Ordered him to take Possession in his Name of the Land and Bank of Waulsers Hastiers and Ermeton and to receive in his Name an Oath of Fidelity to his Majesty which the Mayors and Inhabitants of those places were obliged to take He Commanded them to give notice to the Inhabitants of those Villages and their Dependences to repair for that purpose on the morrow to Waulsors where they were effectually obliged to take the said Oath And having omitted the Administring the like Oath to those of the Village of Ermeton he Ordered the Officers and principal Inhabitants of that place to attend him at Charlemont the twelfth day of the then next Month to take the said Oath and in the mean time in the Name of the most Christian King expresly prohibited them to receive or execute any Order from his Catholick Majesty or his Ministers or to pay him any Aid or Duty whatever upon pain of being punished as Rebels And not only disturbed the Spanish Receiver at Ermeton in the exercise of his Office but caused him to be taken and carried away by a Company of Foot Some days after the said Intendant went to the Abby of Waulsors to cause the Abbot and Monks there to swear Allegiance to the King his Master and upon their refusal sent thither in August following thirty Soldiers whom the Abbots and Monks were forced to maintain at great Charges for six Weeks which one of the Monks having represented to the Marquess of Louvois he answered that if the Prelate would not within fifteen days be at the Monastery he would cause it to be rais'd The 2d or 3d of September 1680 Faultrier full of Indignation that the Monks of that place refused still the taking the said Oath sent to the said Abby a hundred and sixteen men to live there at
for his Majesties use Several other Chapmen were forced to do the like and some to quit their Bargains and restore the Woods sold them by the Officers of his Catholick Majesty finally the Woodwards appointed by his Catholick Majesty were forced to take an Oath to serve the most Christian King in the same Function And the Chapmen of Falaen were forbidden to carry out of the Woods of Foy any Wood Sold there The Right of Spain to the Woods of Biert By a Transaction and Agreement in the year 1266 between Thomas Abbot of Broigne and his Covent of the one part and Guy Earl of Flanders and Marquess of Namur of the other part upon a Controversie happen'd about the Woods of Biert It was agreed that among several other Woods those of Biert should remain to the said Guy who in consideration thereof granted to the said Abbot and Covent a piece of Wood Ground descended to him from his Ancestors as appears at large by the Agreement In pursuance whereof the said Guy Marquess of Namur and his Successors have to this day peaceably enjoyed the said Woods without any Interruption by the said Abbot and Covent or their Successors who have likewise enjoyed the Woods past to them by the said Guy And if there had not been any such Transaction or Agreement yet a Possession of four hundred years and upwards is by the Common Law of the Country sufficient to create a Right which is presum'd upon continual and peaceable possession the rather for that by the 35th Article of the Customs of Namur there is no more required than a possession of Forty years to prescribe against the Church The Bailiage of Bouvignes The Sixth of July 1681 the Intendant Faultrier with the Sieur Madelan and Charles Boron his Deputy being come to the place of residence of the Baily of Bouvignes caused the Officers of Justice and some principal Inhabitants of that place to be summoned to swear Allegiance to France which they did and were the same time prohibited on pain of Chastisement to own any other Superiour The same Intendant sent Orders to the Officers of Justice at Gerpines to repair to Biesme and take the like Oath without any Dispute otherwise it should go ill with them and they should be punished as disobedient The like was done to those of the Villages of Acos Joncret Villers la Potterie Sart a la Stache Orez Gougines Bois de Villers Romree and Turnault Dependents of the said Bailiage And to the Farmer of the Rents of the Mannor belonging to his Catholick Majesty in the Forest of Marlaigne who were all obliged to take the said Oath the Intendant alledging for the ground of his proceedings the Authority of Prophecies and some sayings of Wizards The Intendant having sent Orders to the Mayor and principal Inhabitants of Lesues and Arbre Dependents of the same Bailiage to come to St. Gerard for the purpose above-mentioned they not coming accordingly Charles Boron his Deputy caused them to be taken in the Night by Souldiers and carried to St. Gerard the 7th of June 1681 where upon their Arrival the Commander prohibited them to receive any Orders from those of Namur or to pay them any thing on pain of being severely punished Orders being afterwards sent them by four French Dragoons to come again to St. Gerard they obey'd and found there the Intendant the Sieur Madelain and other French Officers And the Intendant having declared to them it was convenient they should take an Oath of Allegiance to France the said Mayor and Inhabitants excused themselves the Intendant hearing them Ordered the Commander of St. Gerard to have his Men in readiness to go punish those who would not obey his Orders this so frightned the Mayor and Inhabitants they took the Oath as required The Right of Spain to the Bailiage of Bouvignes That the Bailiage of Bouvignes belongs to his Catholick Majesty is sufficiently made out by a Deed in 1262 remaining among the Records of the Castle of Namur whereby it appears that the same year Baldwyn Emperour of Constantinople and Philip his Son then Earls of Namur by Succession after several Ancestors had sold the Town and Castle of Namur Bouvignes Golsines Vies ville and the whole County of Namur to Guy Earl of Flanders whom his Catholick Majesty represents And pursuant to this Sale this said Emperour and his Son Ordered and Commanded the Inhabitants of the Town and County of Namur to acknowledge the above-named Earl of Flanders their Lord and to pay him in all things the obedience faithful Subjects ought to pay their Sovereign which hath to this time been successively done The Earls of Namur having constantly possess'd and enjoy'd with all Soveraignty the Town of Bouvignes and the places its Dependents particularly Enumerated in the Register before-mentioned of the Demesnes of the County of Namur in 1265 called Le livre aux aisselles Rosee Flavion and Serville The said Intendant possess'd himself also of the Villages of Rosee Flavion and Serville Dependents of the said Bailiage And the Receiver General of Namur having caused two beasts belonging to some Inhabitants of the Village of Bois de Villers to be seized for a Debt due for some Wood sold by his Catholick Majesties Officers of the Woods The Intendant by way of Reprisal caused a Forge-Master to be taken and carried to St. Gerard and thence to Philippe-ville to be kept Prisoner there till restitution of the Beasts the Commander of St. Gerard being informed that the Mayors of Arbre and Lesues had been with the Attorney General of Namur to acquaint him with the Prohibition they lay under to pay any Taxes to his Catholick Majesty sent a Party of Dragoons to take them and forbad them to go any more on any such Errands without his Orders on pain of being Chastised adding they ought not to own any Superior but France Ontraye The third of August 1681 the said Intendant accompanied with St. Madelain Governour of Philippe-ville and other Officers came to Ontraye and having caused Dieu-donne Petit Jean his Catholick Majesties Commissioner there for the Customs and Duties of Exportation and Importation to come before him he declared he was come to take possession of that Village and therefore forbad him to Levy there any more Duties for his Catholick Majesty which prohibition the Commissioner was forced to comply with And the Officers of Justice and several Inhabitants of Ontraye were Commanded to meet and take an Oath of Allegiance to France and to give in their Names to be Registred all which was accordingly Executed And in the Woods of Biesme and of Halloy and Vieux Fourneau its Dependents the French Officers have marked a great quantity of the fairest Trees to be fallen and used in Buildings at Philippeville The Provostship of Poilvache The same Intendant Faultrier sent Order Dated the 10th of April 1680 to the Lieutenant Provost of Poilvache importing That as his most Christian Majesty had ordered him to take
possession of the said Provostship for his Majesties use he required the Lieutenant and other Officers of the Provostship to appear without delay at Charlemont to swear Allegiance to the most Christian King and to bring with them an account of the Impositions Levied on their Parishes that they might be moderated according to the Orders he had received All this to be done on pain of being declared Disobedient and punished accordingly The same Month of April the Mayors and several Inhabitants of the Village of Houxsoubs Poilvache were sent for by the Intendant to the Town of Dinant to swear Allegiance to the King his Master and upon their refusal he forced them to it by threatning to send Souldiers into their Mayoralty After which he placed an Officer there to shew he had taken possession of the place and put up on a Tree and the Old Tower of Poilvache the Arms of the French King and settled a Compting-house there and Levied five per Cent. Duty on Oats and other Corn. And by Order of the 8th of March 1680. sent to them of Spontin the 10th of the following Month the said Intendant Faultrier signified to them that not only the Provost Lieutenant and Officers of the Jurisdiction and Provostship of Poilvache but of all the Jurisdictions its Dependents were to appear the 10th of May following in the Forenoon at the House of the Burgo-Master Taboulet in the Town of Dinant to receive his most Christian Majesties Orders and not to fail on pain of being proceeded against as disobedient Pursuant to which they of Spontin having sent to know his Intentions he let them know he had Order from his Master to take possession of the Provostship of Poilvache and that having been upon the place for that purpose he had found there only old Walls without any Inhabitant and was therefore obliged to require all those who dwelt within the Jurisdiction of that Provostship to swear Allegiance to his most Christian Majesty and the Messenger from Spontin should first do it which he did and was then told by the Intendant they should thenceforward pay only a moiety of the Taxes and Impositions they paid his Catholick Majesty from whom he forbad them to receive any more Orders The Mayor of Sorinnes also received Order Dated the 8th of April 1680 wherein the Intendant required him to swear Allegiance to France prohibiting him to acknowledge for the future the Soveraignty of his Catholick Majesty or pay him any Taxes or Duties and promising to protect him and the Inhabitants in case of Molestastion The Right of Spain to the Provostship of Poilvache The Provostship of Poilvache comprehends several Mayoralties every of which is compos'd of many Villages And by an Act of the Month of March 1280 it appears that Henry Earl of Luxemburgh and Marquess of Erlon received out of the Hands of Guy Earl of Flanders Marquess of Namur the Castle and Town of Poilvache with the Village of Oire sur Meuse and others specified in that Act to be held in Fee of the Marquess of Namur and his Heirs the Lords and Earls of Namur by perpetual Homage Pursuant to which it is mentioned in an ancient Register of Surveys written in Paper of Lombardy in the year 1343 that the Sire de Poilvache is a Peer of the Castle of Namur and holds of the said Castle in Fee the Castle and Town of Poilvache and all the Mayories belonging to it the Mayory of Falize the Mayories of Sorinnes above Dinant of Ascech of Diwaing of Schaltin of Leignon and Falmaigne and all the Towns and Houses depending thereon and ought in all Cases to use the Law of the County of Namur But in the year 1344 John King of Bohemia and Earl of Luxemburgh for him his Heirs and Successors sold to Madam Mary d'Artois Countess of Namur her Heirs and Successors the said Town Castle and Provostship of Poilvache with the Appurtenances namely the Mayories of Poilvache Falize Sorinnes above Dinant Ascesse Diwaing Ohey Schaltin Leignon Falmaigne and all Towns and Houses their Appendents with all other things appertaining to the said Provostship held of the Earldom of Namur without Exception or Reservation as also the Bann de Soy for the sum of twenty seven thousand and four hundred Florins And by a particular Act of the fifth of September 1344 the same King of Bohemia Commanded all his Subjects of the Provostship of Poilvache to do Fealty and Homage to the said Countess of Namur having released and absolved them from the Fealty and Homage due to him The Sale was agreed too and ratified by Charles Eldest Son of the said King of Bohemia and Earl of Luxemburgh the 24th of August 1344. And by an Act of the 12th of December 1346 he discharg'd all the Burgesses and Subjects of the Territory of Poilvache from all Fealty and Homage that might any way be due to him his Heirs and Successors This done the Lady Mary Countess of Namur by Act of the 11th of September 1353 gave her Son William Earl of Namur and his Heirs the said Castle Town and Territory of Poilvache and the Bann de Soy with all their Appendences and Appurtenances High and Low Signiories Homage and Rights whatsover After which John of Flanders Earl of Namur sold to Philip Duke of Burgundy whom his Catholick Majesty represents the County of Namur with the Territory and Provostship of Poilvache in the year 1421 In which Territory is comprized the Village of Houx on the Meuse in the Record of Fealty done for the Fee in the year 1280 mentioned before And in the Close Rolls of the Accompts of Ayds in the Chamber of Accompts at Lille the 10th of October 1493 It is charged as a parcel of that Provostship Pondrosme The Intendant not satisfied with having done as much in the Village of Pondrosme as in other the Dependents of the Provostship of Poilvache Ordered the Mayor of that place to suppress the Compting-house established there for Levying the sixtieth penny The Right of Spain to Pondrosme The Village of Pondrosme situate very near a Branch of the River Lesse is a Dependent of Poilvache and as such hath always paid Aids to his Catholick Majesty Contributed with the County of Namur to publick Charges and Expences and the furnishing Pioneers Carriages and other things of that Nature received his Majesties Orders and Placarts by the Provost of Poilvache and as other Members of that Provostship made Appeals to the Council of Namur so that there is little reason appears why France should have suppressed the Compting house settled there from all Antiquity and Governed by the Under-farmers of the said sixtieth penny Haibes The same Intendant Faultrier sent an Order Dated the 20th of April 1680 and Letters of the 27th following to the Inhabitants of the Village of Haibes requiring them to swear Allegiance to France though by an Extract sent by the Counsel of Namur Number 12 in their Letter of the 24th of November 1680 't
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
the Register of Surveys of the year 1602 it is mentioned to be part of the Provostship of Polvache and being a Member thereof the Title of his Majesty of Spain is further cleared to Spontin by what is before said of his right to that Provostship Gerpinnes Faultrier sent to Gerpinnes situate between the Sambre and the Meuse an Order Dated the 4th of November 1681 Prohibiting the Inhabitants to receive any Orders from his Catholick Majesty or pay any Toll Taxes or Duties to any Person whatever but such as should be Commissioned by him the said Faultrier with further Order to all Gentlemen and others having right to sit in the Assembly of the States of this Province and all other Lords and Inhabitants in the Lands and Villages in the possession of France that for the future they forbear Sitting in the said States on pain of being proceeded against as Disobenient The Title of Spain to Gerpinnes It appears by Register abovementioned of the year 1265 that the Men of Gerpinnes are not only obliged to follow the said Count of Namur into the Wars and to provide Horses and Carriages for his Progresses and Journeys but he hath also right of Mortmain Escheat High Justice and other Rights there specified over them Besides Gerpinnes is one of the Seventeen Villages heretofore in Controversie between the Bishop and Chapter of Liege and the Earl of Namur touching which it was agteed between the Parties in the year 1360 that the Earl and four of his Knights there named and chosen on the part of Bishop and Chapter should swear that the said Villages did belong to the said Earl that they descended to him from his Predecessors who had enjoyed them time out of mind And that the said Bishop and Chapter had not possessed or enjoyed them And that they did not any way belong to them that in case of such Oath made the said Bishop and Chapter would restore to the said Earl the possession of the said Seventeen Villages The Earl accepted the Condition and he and his four Knights one after another took solemn Oaths upon the Holy Evangelists to the effectaforesaid the Form of the Oath being entred at the bottom of a Parchment Roll wherein the Rights and Dependences of every of the 17 Villages were set forth at large All this being done in presence of the said Chapter and four Commissioners appointed by them who administred received and accepted the said Oath notwithstanding all this the said Bishop and Chapter refused to restore the Count to his possession of the 17 Villages according to the agreement whereupon the Count obtained in the Court of Rome four Decrees for possession by which the Bishop and Chapter were Condemned to restore to the Count the possession of the Villages and to account to him for the mean Profits they had received Pursuant to these Decrees Execution was awarded by the Cardinals deputed by the Pope and a Commission given by the Bishop of Liege for restoring to the Count the possession of the 17 Villages which was accordingly done Moreover By the Paper List of the Fiefes of the Bayliage of Bovignes holding of the Castle of Namur it appears that John le Rouleux was a Liegeman and Homager to the Earl of Namur for the Vi-county of Gerpinnes and all its Appurtenances and John de Graux did Homage for it in 1426. In the Accounts of the Aids of the years 1493 1559 1560 1562 Gerpinnes is Assessed as a Member of the Province of Namur and is accordingly returned in the Survey of 1602. Sorinnes sur Dinant Ayseaux Viley la Poterie and Wepion The Intendant Faultrier caused an Order to be delivered to the Mayor Sheriffs and Inhabitants of Sorinnes to oblige them to swear Aliegiance to France which they accordingly did as appears by Certificat from J. de V●●●nsaigne Lord of that place to the Attorney General Cuvelier In October 1681 the French Ministers sold to him who bid most the Woods of Marlaigne Biert and other places The Officers of his Catholick Majesty having thought fit to demolish the Hermitage of St. George situate upon a Hill over against the Fortifications of Sorinnes and within Musket-shot of them the Governour of Chilipville made great Complaints of it to the Prince of Barbanson Governour of this Province and threatned by a Letter on that Subject to proceed by way of reprisal for the Demolishing the Hermitage pretending that the Hermitage being between the Sambre and the Meuse it was a Dependent of the Villages and Places France was in Possession of and subject to the Pretensions France hath upon that Country The Mayoralty of Anhee Faultrier sent an Order Dated the 4th of November 1681 to the Inhabitants of this Mayoralty expresly commanding all Gentlemen and others having right to Sit in the States of this Province or being Lords or Inhabitants of any Villages within the French Conquests that they forbear Sitting in the said States for the future on pain of being punished as Disobedient And that the Mayor Sheriffs and Officers at Law of the Lands owing Fealty to France and summoned to do it should not receive any Order or pay any Tolls Taxes or Duties to any but such as should produce Commission from Faultrier The like Order was sent by him to the Inhabitants of Ayseaux and its Dependents and other Villages of this Province And by Order of the 14th of November 1681 sent to Vilers la Poterie between the Sambre and the Meuse and a Dependent of the County of Namur he Commanded the Inhabitants there to deliver at Philipville a quantity of Forage several Measures of Oats and Trusses of Straw The like Order was sent to Wepion for the Inhabitants there to furnish Dinant with three thousand Trusses of Hay 4 Measures of Oats and a hundred Trusses of Straw with Threats in case of Disobedience to send thither Horse-men and Dragoons to fetch away that Forage The 17th of November 1681 the Inhabitants of the same place had Order to go to Philipville to swear Allegiance to France and because they obeyed not those Orders some French Soldiers carried away to Di nant two of the Inhabitants of Wepion whom Faultrier threatned with Plunder and Fire unless the Inhabitants of Wepion would swear Allegiance to France before the end of November The Titlh of Spain to the places last ementioned Sorinnes is one of the Villages mentioned before and belongs to Spain by the same right that Gerpinnes doth besides which it appears by a Grant of the Provostship of Poilvache made by an Earl of Luxemburgh to an Earl of Namur and by the Accounts of Aids granted in the years 1493 1560 and 1562 and by the Register of Surveys in 1602 that Sorinnes is a Member of this Province His Catholick Majesties Right to the Mayoralty of Anhee Ayseaux and Wepion hath been made out before And as for Villers la Poterie it appears by the Register of 1562 that the Earl of Namur is Lord of Villers and that the
Inhabitants there owe him suit to the Wars provision of Horses and Carriages for his Journeys and that he hath right of Mortmain and all other rights of Seigniory there The Provostship of Poilvach and Bann of Leignon In November 1681 the Mayor Sheriffs Officers at Law and Inhabitants of the Liberty of Liegnon depending on the said Provostship received Order from Faultrier to appear the 15th of that Month at Dinant to swear Allegiance to France with Probition to receive for the future any Order but what came from him Ivoir The same Faultrier by his Order Dated the 15th of the same Month Prohibited the Inhabitants of Ivoir as a Member of the Provostship of Polvach to own own any Soveraign but the most Christian King on pain of being punished as Rebels The Sieur de Liseigne having by Petition to Faultrier complained of two Decrees the Councel of Namur had pronounced in favour of his Sister and the Executions served pursuant to the Decrees upon his Estate in Ivoir Faultrier by his Answer to the Petition Reversed the Decrees and Prohibited on pain of Reprisal all Executions there of in the Villages in the Possession of France Chaltin Emptines Spontin Ohey Halliot Goesne Hodomont Walay Wauremont Asses Corier and the Mayoralty of Rendarch The same Intendant sent two Orders Dated the 14th and 26th of November 1681 to the Mayor Sheriffs and Inhabitants of the Villages of Chaltin Emptines Spontin Ohey Halliot Goesne Hodomont Walay Wauremont and Asses situate beyond the Meuse and Dependents of the Provostship of Poilvache and to the Inhabitants of Colier and the Mayor and Sheriffs of the Mayoralty of Rendarch which comprehends several Villages By the First they were to deliver to Courbiet at Dinant a quantity of Hey Oats and Straw By the Second they were prohibited to receive any Order from his Catholick Majesty or his Ministers or to carry any Money into the Receipt of his Demesne for Impost Tallage Subsidies or on any other pretence whatsoyver By Billet Dated the 25th of November 1681 the same Intendant Commanded Philip Houyoux Deputy Provost of Poiluache to appear immediately in the Town of Dinant to receive such Orders as should be given him on the behalf of France Falmaigne An Order of the same Intendant Dated the 26th of November 1681 was delivered to the Mayor Sheriffs and Inhabitants of Falmaigne a Dependent of the Provostship of Poilvach forbidding them to receive any Order from his Catholick Majesty or his Ministers or to pay any money into his Exchequer on any pretence whatsoever Ash in Rendarch Eurehailles Godines Gesnes Ivoir and Champall The said Villages all Dependents of the Provostship of Poilvach received several Orders from Faultrier forbidding them to pay any Duties in Obedience to any Order of the States of this Province and commanding them not to receive any Order but what came from him The 30th of November 1681 thirty or forty Dragoons under the Command of N. Boron Faultriers Deputy came to Ivoir and by ringing a Bell summoned all the Inhabitants together and by word of Mouth repeated to them the Orders above-mentioned Having past thence to Godines Boron asked John Charlett one of his Catholick Majesties Woodwards in Hanwez by what Authority he had on the 28th and 29th of November measured the Woods of Hanwez the Woodward replying he had done it by Order of his Catholick Majesties Officers his Masters Boron forbad him to do so again on pain of being Hanged or sent to the Gallies The Mayoralty of Houx and its Dependents Faultrier sent Orders to the Inhabitants of the Mayoralty of Houx a Dependent of Bovignes to the same effect as the Orders sent to the Provostship of Poilvache which Mayoralty consists in the following Villages Lisoigne Avaigne Purnode Eurehailles Ivoir and Godines with the Hamlets of Lois Faiginoule Champal Venate Futvoye Frappeul Fresne and Talfier all situate beyond the Meuse and Dependents of the Province of Namur In December 1681 the French quartered Dragoons in the strong places and Castles of the Provostship of Poilvach where they continue at the charge of the Country The Right of Spain to all the Places last mentioned within the Provostship of Poilvach and Bann of Leignon The Bann or Liberty of Leignon and the Villages above-mentioned are Dependents of the Provostship of Poilvach which by the Register of Surveys of the year 1602 consists in the following Villages the Mayoralty of Rendarch which comprehends Loustin Ronchines Ivoy Ash Mallien Corier Corioule Long Sorinne Porin d'Asses Miltier Jassoigne the Fields of Jassoigne Wauremont Ohey and Walbet with other Appendences Halliot Sey Mohiville the Appendents of Sey Chaltin Maibe a Dependent of Chaltin Fusee Waulin the Liberty of Leignon Leignon Chapoy Ouechippe Rouvaux Corbion Falmaign and Barsinalle Sorinne snr Dinant Borsell Gesnes Emptines Emptinal Natoye Fontam Campilion le sart Spontin Goesne Fille Hodomont Hous en Famerme Harynies the two Bourseignes old Bourseigne Mesinil St. Blaise Hailes Prondrosme the Mayoralty of Houx consisting in the Land of Eurehailles Broche and Gayolle incorporate into the Town of Bovignes Ivoir and Furvye Venate Hour Champal Hugomont Rbockmont Godines Monts and Chavaux Frappeul Fresne and Talfier Awaign Lisoigne Teroul Loyers and Purmode of which France hath taken possession That the Provostship and Villages above-mentioned belong to his Catholick Majesty hath been already made out and may further appear by unquestionable Evidences and Records of the years 1280 1343 1344 1346 and 1353 containing the Sale made of that Provostship and the Mayoralties depending of it by the Earl of Luxembourgh to the Lady Mary d' Artoy Countess of Namur The Confirmation of the same Sale by Charles eldest Son of the said Earl and the said Earl and his Sons discharging their Subjects of the said Provostship of the Homage due to them with Order to acknowledge the Countess of Namur their Lady as they had done the Earls of Luxemburgh their Lords and pay her for the future the like Duties they had formerly paid the said Earles to which the said Earls to which may be added the Gift the said Lady made of the said then Provostship to William her Son Earl of Namur Besides which we find an Agreement made by the Mediation of the Emperour Between Wenceslaus Duke of Luxemburgh and Brabant and the said William Earl of Namur whereby the said Duke releases all Right he or his Heirs might any way claim to the Castle Town and Provostship of Poilvach with its Dependences and to the Liberty of Sey and agrees that the said Earl shall enjoy the same by vertue of the said Sale made by his Predecessors to the Lady Mary d' Artoy in consideration whereof the said Earl of Namur released on his part all Right to Mirwart Longpreit and some other Villages of the Country of Luxemburgh Add hereto the said Accounts of Aids of the years 1493 1559 1560 and 1562 where the Villages of the said Provostship have been all Assessed as Members of the
Province of Namur To come to particulars Emptines Natoye and Sorinnes sur Dinant are part of the seventeen Villages above-mentioned as appears in the Chapter of Gerpinnes Spontin we have already spoken of particularly As to Halliot and Menceau we find an Award between the Earl of Namur and the Chapter of Ardenne Decreed in 1384 and remaining of Record in the Castle of Namur whereby it is declared that the Seigniory of Halliot and Manceau belongs to the Earl of Namur As to Loustin and Mallien there is an Agreement made between the said Earl and the Chapter of Huy in 1400 whereby a-among other things it appears that the Earl of Namur is Lord Paramount of Loustin and Mallien As to Awaigne it appears by a Record of 1384 that Chabot as a Descendent of the House of Awaigne acknowledged he owed the Earl of Namur in Right of his Castle and Lordship of Poilvach the Service of Person and Teem and other Duties there particulary set forth As to the Ban or Liberty of Leignon there is in the said Castle a Record of the year 1400 of the Rights and Seigniory of the Earl of Namur over the Liberty of Leignon and that in Right of his Territory of Poilvach he is Soveraign Lord of Leignon As to Ivoir and Champal it appears by a Record of the year 1385 in the Castle of Namur that N. Mancor granted away the great Tythes of Ivoir and Champal to the Earl of Namur And by a Register made by a Receiver General of Namur beginning in 1345 't is plain that James de Marchie Receiver General of Namur having given notice by Proclamation he would Farm out the Rents and Profits of Champal with the Meadows Lands and Tythes thereto belonging in the year 1497 did the 27th of May the same year lett them to Farm to Matthew Dauchet under the Rent there specified for the term of Twelve years in the Name and for the use of the Arch-Duke of Austria Duke of Burgoigne and Earl of Namur As for Hodomont it appears by the second Volume of the Repertory in the List of Fiefes of the County of Namur that Libert Son of Jacqmin of Hodomont is a Liegeman to the Earl of Namur and did Homage for the Lands and Lordship of Hodomont with all its Members and Appurtenances in the year 1372 and that from 1372 to 1545 the Lords of Hodomont have successively done like Homage to the Earls of Namur By the Register called The Parchment List in the Chapter of Poilvach fol. 34 it appears as to Lisoigne That Baldwyn de Mostier holds all his Territory of Lisoigne with the Chief and Annual Rents Capons Lands Meadows Woods and Pasture of the Earl of the Earl of Namur as Lord of Poilvach By the same Register in the same Chapter it appears that Monsieur Arnold Lord of Cowaren holds of the Earl of Namur in Frank Fee the Liberty of Natoye By the Register of the Fiefes of Aloux beginning in the year 1486 it appears that John de Ramelot in 1507 holds of the Earl of Namur as of his Castle of Namur all the Lands and Lordships of Goesne with its Appurtenances and Dependents As to the Land of Hour en Fancen it appears by the second Volume of the old Repertory that Walter the Son of Oliver Centfontain did Homage to the Earl of Namur for his Mesmage and Lands of Hour and Fancenn And that John Small Heir of the said Walter did the like in 1408 and the owners of the said Lands and Lordship of Hour en Fancenne have from time to time done Homage for the same to the Earls of Namur The Woods of Hanwez and Loche Dependents of the Provostship of Poilvache N. Boron Faultrier's Deputy in November 1681 Caused John Grosseaux his Catholick Majesties Woodward of Hanwez to come to Dinant and having informed himself by him of the Growth of those Woods and the regular Course of Falling them yearly He forbad Grosseaux to come any more into Namur to make any report concerning the said Woods to his Majesties Officers but to repair to him Personally at Dinant After which he caused above two hundred of the best Timber-Trees in the Woods of Loche to be cut down The Right of Spain to these Woods It appears by the Sale of the Provostship of Poilvache and its Dependences in 1344 by John Earl of Luxemburgh to Dame Mary d' Artoy that all Woods Dependents of that Provostship are mentioned and comprised in the Sale Achin and Soliers Faultrier sent Orders to the Abby of Soliers and Inhabitants of Ahin the same in effect with those sent to the Provostship of Poilvache prohibiting payment of any Duty to his Catholick Majesty notwithstanding any Order from the States of the Province and Commanding them not to obey any Orders but what should be sent them on the behalf of his Majesty upon pretence the said places are Dependents of the said Provostship though in truth they are not but within the Jurisdiction of the Province of Namur And at Ahin there is a Custom-house settled by his Catholick Majesty for Duties of Exportation and Importation Ingress and Egress The Right of Spain to Soliers and Ahin Soliers and Ahin are Dependents of the Province of Namur within the Bayliage of Entre Meuse and Arche as appears by the said account of Aids of 1493 and the Register of Surveys of 1602. As to Ahin in particular 't is a Fee held of the Castle of Namur Libert de Foux did Homage for it in 1404 and so have the other Owners successively done as appears by the second Volume of the List of Fiefes The Records concerning Soliers are in the Custody of the Nuns of Illec and indeavours shall be used to have them produced if there be Cause High and Low Arche Boron sent an Order Dated the 8th of December 1681 to Francis de Page Woodward of High and Low Arche a Dependent of the Bayliage of Entre Meuse and Arche to repair to Dinant to take the Oath of Allegiance to France but because we are not certain France hath taken possession of those Woods we forbear to set forth his Catholick Majesties Title thereto Wepion Godines and Leswes Because the Council of this Province had sent into the Villages between the Sambre and the Meuse and into the Provostship of Poilvach the Placarts last Published by his Highness Count Montbron sent Order to the Mayors and Inhabitants of the same places prohibiting them to receive such Placarts on pain of being punished as Rebels and threatning to send to the Gallies the Bearers of such Placarts whom he calls Vagabonds The beginning of the year 1682 Boron accompanied with Serjeant Benedict came to the Village of Biesme la Colonness situate between the Sambre and the Meuse and a Dependent of the Bayliage of Bovignes where he levyed and received all the Chief-rents belonging to his Catholick Majesty and caused them to be left at the House of Hubert Baviot at Biesme On Twelf-day last John de Gozee Lord of Biesme as the People came from Mass in the Parish-Church caused it to be Published aloud before all the Commonalty of Biesme that he had received Order from France to lay an Assessment on the said Commonalty to be presently paid And that the Order was they should be Taxed at 600 Florins for Biesme instead of 1945 they formerly paid his Catholick Majesty The like Order Dated the second of January 1683 was sent to Wepion and to Hontoir a Dependent of the Baliage of Bovignes whereby it appears that Hontoir is Assessed at Forty Florins to be forthwith paid into the hands of the Lord of Biesme appointed by France to collect the said Assessments Besides which all the Inhabitants of the places in the possession of France were commanded upon hearing a Bell rung to assemble together and Seize those who should bring Placarts or other orders in his Catholick Majesty's names with threats of Reprizal on his Majesties Subjects if any on behalf of his Majesty or his Officers should Levy any Duties from the said Inhabitants or their Estates as appears at Large by Faultriers Order The 11 of January 1682. By two other Orders delivered at Hontoir and Dated the one the 12 of September the other the 22 of November 1682 he Prohibited the inhabitants between the Sambre and the Meuse to appear for any Cause or pretence whatsoever before the Officers and Courts of his Catholick Majesty and Commanded them to withdraw their Suits if any depending there under divers penalties express'd in the Order With Prohibition to all Mayors Provosts Bayliffs and other Officers of the said Villages to receive or admit into their Jurisdiction any Advocates Proctors or other pleaders but such only as are Subjects of France By Billet of the first of January Faultrier forbad those who get Stone out of the Quarries in the fields of Houx close adjoyning to the Town of Bovignes to pay for them to any but Boron pretending the said Quarryes are dependents of the Provostship of Poilvache tho' they are in truth within the Liberty and Jurisdiction of Bovignes As to his Catholick Majestys right to all the places above mentioned besides what hath already been said on that Subject his Majesty and Predecessors have been in possession of them time out of mind for several Ages and till now have continually exercised all acts of Soveraignty over them without contradiction of any Person whatever January 15. 1682. FINIS