Marriage contract no. 392: Frankreich - Österreich/Spanien

Contract content

Preamble: Refers to past wars between Charles V and Francis I, announces Francis’ capture in the most recent of these wars, announces his transfer to Madrid, expresses a shared desire for peace, announces intention to take joint action against the Turks and Lutherans

Article 1: Peace, alliance and amnesty agreed

Article 2: Free and secure movement and trade agreed, at pre-war customs rates, with the renunciation of prizes and reprisals

Articles 3-4: As security for peace, France’s renunciation of Burgundy is agreed, with complete handover to the Emperor within six weeks of the French king’s release

Article 5: As security, exchange of Francis for French hostages agreed, who shall remain in imperial custody until the required ratification of the treaty by the French estates, ratification to take place within four months, handover of Francis’ third son for education at the imperial court

Article 6: If the handover of Burgundy and ratification of the treaty do not take place within the specified period, the king shall once again place himself in the custody of the emperor, with the simultaneous release of the French hostages.

Articles 7-8: Renunciation of French claims to the Kingdom of Naples, the Duchy of Milan, Genoa and Asti agreed.

Articles 9-10: Waiver of French claims to Arras, Tournai, Lille and other cities in Artois agreed

Article 11: In return, waiver of imperial claims to Péronne, Boulogne, Guînes, Ponthieu and other dominions on the Somme agreed

Articles 12-13: Defensive and offensive alliance, mutual support agreed

Article 14: To consolidate the peace, marriage between King Francis and Eleanor is agreed, transfer of the bride together with the French hostages is agreed, dowry set at 200,000 écus, plus her dower from her previous marriage to King Manuel of Portugal, payment within 16 months of consummation of the marriage and investment of the sum in suitable assets is regulated

Article 15: Dowry increased by Macon, Auxerre, Bar-sur-Seine, renunciation of inheritance by Eleanor, claims reserved in the event of the death without issue of the Emperor and Archduke Ferdinand, her two brothers

Article 16: Trousseau and appanages of the male descendants from the marriage between Francis and Eleanor regulated, equal treatment with children from Francis’ first marriage stipulated, with the exception of the Dauphin

Article 17: Eleanor’s widow’s pension is regulated.

Article 18: Eleanor’s right of return as a widow to Spain, Flanders or Burgundy is regulated, as is the taking of her personal property and her entitlement to a widow’s income.

Article 19: Future marriage between the Dauphin and the Infanta of Portugal agreed, betrothal when Maria is 7 years old, marriage when Maria is 12 years old, Portuguese consent assured, transfer of Maria to France at the age of 12 stipulated

Article 20: French support promised for the plan to persuade the King of Navarre to renounce his rights in favour of the Emperor.

Article 21: French support promised for the Emperor’s takeover of the dominions of Geldern and Zutphen after the death of the Duke of Geldern, renunciation of French support for the Duke assured.

Article 22: Renunciation of French support for Duke Ulrich of Württemberg and Robert de la Marck against the Emperor, as well as support for the Emperor’s opponents in Italy assured

Articles 23-24: French support for the Emperor’s campaign in Italy assured, Italian campaign designated as the main purpose of the treaty, support by the French fleet regulated, French aid payments and provision of auxiliary troops stipulated

Article 25: Compensation for the Emperor agreed in return for French tribute payments to England, in accordance with the Treaty of Windsor 1522

Article 26: Joint request to the Pope to convene a council and call for a crusade against the Turks and heretics agreed, joint defence against the Turks in the Mediterranean agreed

Articles 27-28: Restitution of Duke Charles of Bourbon in France agreed, amnesty for the Duke and his allies and his continued service to the Emperor reserved

Articles 29-31: Release of all prisoners of war agreed, renunciation of support for or acceptance of rebels agreed, pardon for Italian rebels against the Emperor regulated

Article 32: Restitution of all subjects and estates to their pre-war possessions and legal status agreed

Article 33: French compensation for Castilian estates and the University of Burgos for damages suffered before the war agreed

Article 34: French transit for Spanish cloth trade granted

Article 35: Restitution of Charolles to Margaret of Savoy agreed, including compensation

Article 36: French extradition of confiscated goods belonging to Queen Dowager Germaine of Aragon assured

Article 37: Reinstatement of the Prince of Orange assured

Articles 38-43: Compensation, reinstatement of other imperial allies, subjects guaranteed by France

Article 44: Reinstatement of the Margrave of Saluzzo guaranteed at France’s request

Article 45: Reinstatement of the Prince of Monaco as Bishop of Grasse agreed

Article 46: Reinstatement of the Lord of Lussa agreed

Article 47: Treaty open to further accession partners, including the Pope, the kings of England, Hungary, Poland, Denmark, Portugal, Scotland, various imperial estates and other parties; conditions for accession regulated

Article 48: Ratification by King Francis and the Dauphin regulated

Article 49: Compliance with the treaty guaranteed under threat of canonical punishment

Article 50: Publication of the treaty regulated

Regulations on inheritance law

Article 15: Dowry increased by Macon, Auxerre, Bar-sur-Seine, Eleonore’s renunciation of inheritance regulated, claims reserved in the event of the death without issue of the Emperor and Archduke Ferdinand, her two brothers

External authorities involved

Pope, King of England, see also Article 47

Ratifications, confirmations, approvals

Article 5: Ratification of the treaty by the French estates required

Text reference to past events

Reference to the war between France and the Emperor 1521-1525 and to earlier damage caused by France to the Castilian estates and the University of Burgos

Further contracts between contracting parties

Truce of Breda 14 July 1525 - Truce of Toledo 11 August 1525 - Truce of Hampton Court 15 June 1528 - Peace Treaty of Cambrai 5 August 1529

Commentary

The treaty regulates two marriages, cf. Marriage Treaty between France and Austria/Spain 1526 II. Ü - 2 marriages regulated in one treaty, cf. Enr. 76 - Marriage of Francis and Eleanor: Dumont Art. 14-18 = Usunariz Art. 7-17 - Marriage of the Dauphin and Mary: Dumont Art. 19 = Usunariz Art. 18 The treaty is a combination of a peace treaty and a marriage contract, see also Marriage Treaty between France and Austria/Spain 1529 (continuation of 1526)

Literature

Kohler 2005, p. 176 ff. 

References

• Printed reference: Dumont 1726-1739, vol. IV:1, pp. 399-410 (French) - Usunariz 2006, pp. 50-78 (Spanish)
• Contract language print: French/Spanish
• Digitalized print: https://gallica.bnf.fr/ark:/12148/bpt6k12634404/f419.item

Recommended citation

Dynastische Eheverträge der frühen Neuzeit. Contract No. 392. Philipps University of Marburg. Available online at https://dynastische-ehevertraege.online.uni-marburg.de/en/vertraege/392.html.

@misc{ Dynastische Ehevertr{“a}ge der fr{”u}hen Neuzeit, 
title = {Dynastische Ehevertr{“a}ge der fr{”u}hen Neuzeit: Contract No. 392},
 url = {https://dynastische-ehevertraege.online.uni-marburg.de/en/vertraege/392.html}
}