Marriage contract no. 7: Frankreich - Spanien

Contract content

(authorised negotiators of the contracting parties declare:) (405f.)

[Pre] – out of concern for the welfare of their kingdoms, to consolidate the peace just concluded between the two crowns, in the desire to continue the peace beyond the lifetime of the kings through a new marriage, to consolidate love, friendship and unity between the kings: Marriage contract agreed as follows: (406f.)

[1] – Marriage agreed: with the Pope’s dispensation, marriage agreed at the Spanish court, ratification and church wedding agreed after the bride’s transfer to France, date to be agreed (407)

[2] – Dowry determined, payment regulated (407f.)

[3] – Investment of the dowry in annuities regulated: interest on the dowry regulated (408)

[4] – Renunciation of inheritance by the bride regulated: in return for payment of the dowry, on paternal and maternal inheritance, to be surrendered before and after the marriage, with the consent of the groom, with immediate effect (408)

[5] – To secure peace among Christians, love and brotherhood between kings, out of consideration for the balance and propriety of marriages, for the advancement of the Christian religion, for the common good of both kingdoms and their subjects, for the preservation of the two crowns, which are too great for union: Succession to the throne of the bride and her descendants in all countries of the Spanish crown is excluded in perpetuity, especially in Flanders, Burgundy, Charolais, except as a widow without children or in the case of the bride’s second marriage (410f.).

[6] – Declaration by the bride regarding renunciation of succession to the throne regulated: to be made before and after the marriage, with the consent of the groom, for ratification by the Parliament of Paris and the Spanish Council of State, which came into force together with the peace treaty (411f.)

[7] – Bridal jewels specified: to be the hereditary property of the bride (412)

[8] – Widow’s income specified: invested in widow’s estates with ducal title, rights of use and dominion regulated, for the bride’s lifetime (412f.)

[9] – Maintenance of the bride and her court during the marriage regulated (413)

[10] – Marriage by procurator, trousseau, transfer regulated: to the border of France (413)

[11] – Free choice of widow’s residence regulated: in France, Spain or elsewhere, with all widow’s income, transfer of letter of security to bride and bride’s father guaranteed (413f.)

[12] – Confirmation of the contract requested from the Pope (414)

[13] – Compliance assured, ratification regulated (414f.)

Regulations on succession to the throne

[5] – to secure peace among Christians, love and brotherhood between kings, out of consideration for the balance and propriety of marriages, for the advancement of the Christian religion, for the common good of both kingdoms and their subjects, for the preservation of the two crowns, which are too great for union: Succession to the throne by the bride and her descendants in all countries of the Spanish Crown is excluded in perpetuity, especially in Flanders, Burgundy and Charolais, except in the case of a childless widow or a second marriage of the bride (410f.).

[6] – Declaration by the bride on renunciation of succession to the throne regulated: to be made before and after the marriage, with the consent of the groom, for ratification by the Parliament of Paris and the Spanish Council of State, which came into force together with the peace treaty (411f.)

Regulations on inheritance law

[4] – Regulation of the bride’s renunciation of inheritance: in return for payment of a dowry, on paternal and maternal inheritance, to be submitted before and after the marriage, with the consent of the groom, with immediate effect (408)

[5] – to secure peace among Christians, love and brotherhood between kings, out of consideration for the balance and propriety of marriages, for the advancement of the Christian religion, for the common good of both kingdoms and their subjects, for the preservation of the two crowns, which are too great for union: Succession to the throne of the bride and her descendants in all countries of the Spanish Crown is excluded in perpetuity, especially in Flanders, Burgundy and Charolais, except as a widow without children or in the case of the bride’s second marriage (410f.)

[7] – Bridal jewels specified: to be the hereditary property of the bride (412)

Estates involved

Ratification by the Parliament of Paris and the Spanish Council of State required - 6

External authorities involved

Confirmation of the treaty by the Pope mentioned - 12

Further contracts between contracting parties

Armistices of Paris 7 May/21 June 1659

Peace Treaty of Ile de Faisans 7 November 1659

Implementing provisions of Figueras 28 April 1660

Additional articles of Ile de Faisans 31 May 1660

Declarations of renunciation of the throne and inheritance by the bride 2 June 1660

Border convention of Livia 12 November 1660

Precedent articles of Paris 24 March 1662

Commentary

Marriage agreed, marriage contract announced in the Peace Treaty of Ile de Faisans 7 November 1659, Art. 33 (CTS) – Marriage plans had already existed since 1646 (Tischer 1999)

Literature

Tischer 1999, pp. 60, 322–327 – Tischer 2010, pp. 18 f.

References

• Print reference: CTS 5, S. 405-415
• Contract language print: French

Recommended citation

Dynastische Eheverträge der frühen Neuzeit. Contract No. 7. Philipps University of Marburg. Available online at https://dynastische-ehevertraege.online.uni-marburg.de/en/vertraege/7.html.

@misc{ Dynastische Ehevertr{“a}ge der fr{”u}hen Neuzeit, 
title = {Dynastische Ehevertr{“a}ge der fr{”u}hen Neuzeit: Contract No. 7},
 url = {https://dynastische-ehevertraege.online.uni-marburg.de/en/vertraege/7.html}
}