Marriage contract no. 136: Österreich/Spanien - Böhmen/Ungarn

Contract content

Article 1 (fol. 2v)- Alvaro de Acosta, as authorised representative of the King of Portugal, takes an oath that he will marry Eleonora after receiving a papal dispensation

Article 2 (fol. 2v)- Charles and Eleonore take an oath in the presence of Acosta that she will marry Emanuel after receiving the dispensation

Article 3 (fol. 2v-3r)- Marriage agreed with procurator for Emanuel within two months of receiving dispensation

Article 4 (fol. 3r)- Transfer of the bride from Castile to Portugal arranged

Article 5 (fol. 3r)- Dowry fixed at 200,000 Castilian gold coins (“doblas de oro”), offset against value of jewellery with which bride is furnished; payment period of three years and payment modalities regulated, receipt settled, payment by Charles and his authorised representatives assured

Article 6 (fol 3r)- In event of dissolution of marriage, Emanuel and his heirs and successors are to repay the dowry to Eleonore or her heirs within four years

Article 7 (fol 3v)- Emanuel assures Eleonore, as a dowager’s livlihood, hand payment equivalent to dowry in installments of 66,666 gold coins, as soon as marriage is dissolved, regardless of whether marriage produces children; if Eleonore dies before Emanuel, payment lapses; ownership rights to hand payment, inheritance and payment modalities regulated

Article 8 (fol 3v-4r)- Bride’s furnishings and trousseau arranged; Emanuel is not obliged to return trousseau at any time, it becomes his property, but what Eleonore acquires during marriage in terms of movable property or receives as gift is not subject to his control

Article 9 (fol. 4r)- Charles commits to contribute to financing of his sister’s farm and household

Article 10 (fol. 4r)- Emanuel commits to transfer to Eleonore all goods and lands currently still in possession of his sister as soon as they become vacant; rights of use to income from these lands are regulated

Article 11 (fol 4r-4v)- Emanuel pledges maintenance sum of 800,000 gold coins in addition to dowry for first-born son from marriage with Eleonore in event of his premature death, either in the form of pensions or lands; payment agreed within four years, provided this son is already sixteen years old at time of Emanuel’s death; otherwise payment period begins as soon as he reaches this age; if he also dies, sum passes to next heirs

Article 12 (fol. 4v)- As soon as the marriage is consummated, Eleanor shall be treated as a natural subject of the Portuguese Crown and shall enjoy all rights and privileges of a Queen of Portugal, and all members of court she brings with her shall be treated as natural subjects of the Portuguese Crown, while retaining all privileges and liberties accorded to foreigners in Portugal

Article 13 (fol. 4v-5r)- If Emanuel dies before Eleanor, she is allowed to leave Portugal unhindered with her children and servants and go to Castile or a place of her choice after giving notice; she is allowed to take her mobile property with her; her property rights, income, maintenance claims etc. in Portugal and those of her heirs remain unchanged; same applies in event of war breaking out between Spain and Portugal

Article 14 (fol. 5r)- Confirmation of all previous peace treaties and agreements between Spain and Portugal agreed by means of the marriage contract; mutual assistance, defence and loyalty between kingdoms assured; conclusion of a separate detailed contract on this agreed

Article 15 (fol. 5r-5v)- Mutual compliance with contract assured, oath by authorised representatives to comply with contract mentioned, ratification by Emanuel and his heir to throne assured, personal delivery of a copy of the treaty by Acosta to Charles within forty days agreed, production of copies for both parties agreed

Appendix (fol. 5v-6v): Confirmations of the Portuguese plenipotentiaries and the Infante John of Portugal as well as authentication of the copy by imperial secretary Luis de Lizarazo

Regulations on inheritance law

Article 6 (fol 3r)- In event of dissolution of marriage, Emanuel and his heirs and successors are to repay the dowry to Eleonore or her heirs within four years

Article 7 (fol 3v)- Emanuel assures Eleonore, as a dowager’s livlihood, hand payment equivalent to dowry in installments of 66,666 gold coins, as soon as marriage is dissolved, regardless of whether marriage produces children; if Eleonore dies before Emanuel, payment lapses; ownership rights to hand payment, inheritance and payment modalities regulated

Article 11 (fol 4r-4v)- Emanuel pledges maintenance sum of 800,000 gold coins in addition to dowry for first-born son from marriage with Eleonore in event of his premature death, either in the form of pensions or lands; payment agreed within four years, provided this son is already sixteen years old at time of Emanuel’s death; otherwise payment period begins as soon as he reaches this age; if he also dies, sum passes to next heirs

Article 13 (fol. 4v-5r)- If Emanuel dies before Eleanor, she is allowed to leave Portugal unhindered with her children and servants and go to Castile or a place of her choice after giving notice; she is allowed to take her mobile property with her; her property rights, income, maintenance claims etc. in Portugal and those of her heirs remain unchanged; same applies in event of war breaking out between Spain and Portugal

External authorities involved

Articles 1-3 (fol. 2v-3r): Mentioning of the required papal dispensation.

Ratifications, confirmations, approvals

Article 15 (fol. 5r-5v)- Mutual compliance with contract assured, oath by authorised representatives to comply with contract mentioned, ratification by Emanuel and his heir to throne assured, personal delivery of a copy of the treaty by Acosta to Charles within forty days agreed, production of copies for both parties agreed

Commentary

The archival contract is a certified copy, authenticated in Brussels on 28 January 1522

Charles I was also Holy Roman Emperor from 1520 as Charles V. Emanuel I of Portugal died in 1521 and Eleonore was subsequently married to Francis I of France on 4 July 1530; the marriage was intended to secure peace between the Houses of Habsburg and Valois (cf. the contracts between France and Austria 1526 I-II and 1529).

Literature

Literature: Kohler 2005

References

• Archive copy: AT-OeStA/HHStA, UR FUK 1141 a
• Contract language archive copy: Latin
• Print reference: Kollar 1762, S. 312-316 (Teildruck)
• Contract language print: Latin

Recommended citation

Dynastische Eheverträge der frühen Neuzeit. Contract No. 136. Philipps University of Marburg. Available online at https://dynastische-ehevertraege.online.uni-marburg.de/en/vertraege/136.html.

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title = {Dynastische Ehevertr{“a}ge der fr{”u}hen Neuzeit: Contract No. 136},
 url = {https://dynastische-ehevertraege.online.uni-marburg.de/en/vertraege/136.html}
}