The Male Iffue of Charles, invefted in 1631, fail'd by the decease of Ferdinand Charles, Duke of Mantus and Montferrat, who dyed at Venice 1708. The Mantuan, being a Male Fief, falls from the Pofterity of Charles, of which none but Women are extant ; but the Fief of Montferrat is theirs by Right.

Follows the Defcent of Duke Charles I.

CHARLES

By this Genealogy appears, That the Duchy of Montferrat devolves on the Princefs of Condé, by the Deceafe of of the laft Poffeffor, feeing the Princess of Salms, elder Sifter of her moft Serene Highness died before her. The Duke of Lorrain cannot here plead his Malefhip. The Rule admits of no Difpute, That in the Matter of Succeflion to Fiefs, the Male defcending from a Daughter, and deriving his Right from her, he cannor afledge the Privilege of the Sex against the Woman nearer than himfelf. Nevertheless, itappears by divers Wirtings publifh'd in Favour of Monfieur, the Duke of Lorrain, and by the Repre fentations his Envoys have made in feveral Courts, that his moft Serene Highnefs looks upon himself to be Succeffor to the laft Duke of Mantua and Montferrat, with Refpect to the Dutchy of Montferrat. The Publick will judge of this Affair, before-hand, by the Genealogy.

There may be seen at first View, thar Madam the Princefs Dowager of Condé, is nearer by Two Degrees, than Monfieur the Duke of Lorain to Charles de Gonzaga, invefted in the Montferrat in 163i. and by Confequence to Frederic de Gonzaga, invested, by Charles V. in 1532. Notwithstanding this, the Duke of Lorrain has no other Right to the Mont-. ferrat, than that which he derives from Charles the first Inveftee. Monfieur the Duke of Lorrain does derive no Right from Charles, Duke de Rhetolcis, his, Great Grandfather, who died before his Father, and who having never held the Fief, could not capacitate his Defcendents, to fucceed in the Montferrat, preferably to the Defcendents of the Line of Princefs Anne de Gonzaga, Wife of Edward, Prince Palatine., Monfieur, the Duke of Lorrain, not being defcended from Charles II. nor of Ferdinand Charles, who held the Montferrat, after Charles I. has not the Advantage of being of the privileg'd Line; and he muff, to prove his Right, have Recourfe to his Defcent from Charles I. Therefore Madam, the Princefs Dowager of Condé, is nearer than the Duke, by Two Degrees, to Charles, the firft Perfon invefted.. Nevertheless, 'tis this Proximity of Degree to the first Inveftee, which ought to decide the Caufe, when the Question

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is touching the Succeflion to a Fief ex Pacto & Pro videntia, and granted to the Vaffal for himself and all his Defcendents, Male and Female. All the Law yers judge, that with Regard to Succeffion to fuch Fiefs, Refpect must be had to this Proximity to the first investee, and not to Proximity to the laft Suc ceffor. "Tis not from the laft Poffeffor, 'tis from the first Investee, the Succeffor derives his Right accord ing to the feodal Laws.

Monfieur, the Duke of Lorrain, cannot alledge, That his Great Grandfather, Charles, Duke de Rheto lois, left, by Reafon of his Male-fhip, a Privilege to his Line, by Vertue whereof his Defcendents ought always to exclude the Line of his Sifter Anne de Gonzaga, Mother of Madam, the Princess Dowager of Condé. According to the Laws of, the Empire, the Fiefs thereof go not by Superiority of Line, but according to Proximity of Degree. The Lineal Succeffion is establish'd only for the Electorates, and 'tis only by Vertue of an Exception to Common Law, exprefly ordain'd in the Golden Bull, that to regulate the Succeffion to thofe Grand Fiefs, a Suppofition is admitted, whereby the Deceas'd are look'd upon as actually living, in the Perfons of thofe who reprefent them.

When the laft Duke of Mantua and Montferrat died in 1708. the War hinder'd Madam, the Princefs Dowager of Condé, from ufing the proper Means to recover that part of the Estates of that Prince, which was fallen to her, and to be invested and put in Poffeilion of the Montferrat. The fame was then held by his Royal Highnefs, the Duke of Savoy, who then had no other Title to it, than that of Arms. For thefe Reafons her moft Serene Highness promifed her felf, that Juftice would be done her, when a Peace fhould come to be made. But a little after the Deceafe of the Duke of Mantua, his Royal Highness obtain'd of the Emperor Jofeph, an Inveftiture of the Monferrat, which fuppos'd that the Fief was defervedly confifcated, with Regard to the left Pcffeffor, and even to his collateral Heirs. " is not our Bufinefs in thefe Prefents, to offer Arguments, to prove that this fo odious a Confiication is unjuft,

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and ought not to stand: Principally after the Decease of the pretended Delinquant, who has left behind him no Pofterity, and when the Time, wherein the Delinquent and his Pofterity might have enjoy'd the faid Fief, is expir'd. We referve to ourselves to fhew the Nullity of the faid Difpofition, when the proper Courts for deciding that Question fhall be open'd by the Peace. We fhall content our felves, at prefent, to alledge a Fact, which will fufficiently evince the Injustice of the faid Confifcation, extended to the Collaterals, who do not derive their Right of refuming the Fief from the laft Poffeffor, but from the laft Inveftee. That is, that the Powers in Alliance, which have difpenfed with the Montferrat, in Favour of his Royal Highness, the Duke of Savoy, have ftipulated in their Treaty," That an Equiva"lent for the fame fhould be given to that Perfon, "who has a Right to fucceed the laft Duke of Man

tua, in the Duchy of Montferrat. Thefe are the Terms of the Treaty,and it does not fay,the Equivalent ought to be given to Monfieur the Duke of Lorvain, as acknowledg'd Heir to the Montferrat, by the General Congrefs: Though a Writting touching the Rights of his moft Serene Highnefs, publifh'd in the Town of Utrecht, fince the Congress affembl'd there, would fo infinuate,

The MEMORIAL concerning the Pretenfons and Rights of Monfeigneur, the Duke of Luxemburg, to the Duchy of Luxemburg.

THE Rights of Succeffion to Fiefs is regulated by Cuftom in all Sovereign States. Luxem burg is an ancient Sovereign County; and 'tis evident by the Hiftories and particular Titles of the Houses of Luxemburg, that the Princes Male have been preferr'd to Daughters; and that upon the Extinction of the Male-Line, the Princefs of greatest Proximity of Blood, to the last Prince of the Name of Luxem burg, inherited the Sovereignty.

Frederic