Marriage contract no. 85: Großbritannien - Spanien

Contract content

[Preface] – In honour of God, to strengthen kinship ties between kings through newly forged, closer friendships, to permanently strengthen fraternal harmony between the kings and their successors, and to permanently strengthen mutual goodwill between both crowns for the blessing of both sides: Dispatch of groom and delegation to Spain announced, marriage negotiations and conclusion of contract announced (440 re – 441 li)

[1] – Marriage agreed with papal dispensation (441 li)

[2] – Church wedding in Spain arranged: according to Catholic rites (441 li)

[3] – Bride’s court arranged: appointment of servants by Spanish king arranged (441 li)

[4] – Catholic religious practice for bride and her court arranged (441 li)

[5] – Catholic religious practice for the bride and her court regulated: court chapel, court church, burial rights and baptism rights regulated (441 li)

[6-7] – Catholic religious practice for the bride and her court regulated (441 li)

[8-10] – Catholic religious practice regulated for the bride and her court: access to the court chapel for the bride and servants regulated, trousseau regulated (441 li)

[11-15] – Catholic religious practice for the bride and her court regulated: number, appointment, legal status and jurisdiction of clergy regulated (441 li – re)

[16] – Bride’s court regulated: oath of allegiance by servants to the English king and groom stipulated (441re)

[17-18] – Regulations governing the bride’s retinue: immunity of servants from Catholic laws guaranteed, immunity of clergy from secular jurisdiction guaranteed (441re)

[19] – Regulations governing the legal status of children: immunity from Catholic laws guaranteed, British succession rights guaranteed (441 re)

[20] – Appointment of Catholic wet nurses for children guaranteed (441 re)

[21] – Catholic religious practice for the bride and her court regulated: clerical clothing for clergy regulated (441 re)

[22-23] – Fidelity in marriage guaranteed: by the word of honour of the bride’s father and the groom, further English concessions to the Spanish king guaranteed (441 re)

[24] – Upbringing of children until the age of 10 determined by the bride, British succession rights for children guaranteed (441 re)

[25] – Bride’s court regulated: filling of vacant positions for servants regulated (441 re)

[26] – to ensure ratification: oath of allegiance by the groom’s father and the groom assured, commitment of the groom’s father and the groom to ratification by the English Parliament assured (441 re)

[27] – Confirmation by the Pope regulated (442 li)

[Esch] – Compliance promised and sworn by the father of the groom, waiver of objection assured (442 li)

[Suppl] – Additional article sworn by the English King (442 re)

1 – Waiver of enforcement of English Catholic laws assured

2 – Permission to practise the Catholic religion in private homes within Great Britain assured

3 – Waiver of attempts to convert the bride assured

4 – Personal commitment assured for ratification of marriage contract and abolition of Catholic laws and against new Catholic legislation in the English Parliament (442 re)

Regulations on succession to the throne

Legal status of children regulated: immunity from Catholic laws assured, British succession rights assured – 19

Child rearing until the age of 10 determined by the bride, British succession rights for children guaranteed - 24

Confessional regulations

Church wedding in Spain regulated: according to Catholic rites - 2

Catholic religious practice for the bride and her court regulated: court chapel, court church, burial rights and baptism rights regulated - 4-7

Catholic religious practice for the bride and her court regulated: access to the court chapel for the bride and servants regulated, trousseau regulated - 8-10

Catholic religious practice for the bride and her court regulated: number, appointment, legal status and jurisdiction of clergy regulated - 11-15

Bride’s court regulated: immunity of servants from Catholic laws guaranteed, immunity of clergy from secular jurisdiction guaranteed - 17-18

Legal status of children regulated: immunity from Catholic laws guaranteed - 19

Appointment of Catholic wet nurses for children guaranteed - 20

Catholic religious practice for the bride and her court regulated: clerical attire for clergy regulated - 21

Waiver of enforcement of English Catholic laws guaranteed - Suppl 1

Permission granted for Catholic worship in private homes within Great Britain – Suppl 2

Waiver of attempts to convert the bride guaranteed – Suppl 3

Personal commitment guaranteed for ratification of marriage contract and abolition of Catholic laws and against new Catholic legislation in the English Parliament – Suppl 4

Estates involved

Assurance of commitment by the father of the groom and the groom to ratification by the English Parliament - 26, Suppl 4

External authorities involved

Pope: Papal dispensation mentioned - 1, Confirmation by the Pope arranged - 27

Ratifications, confirmations, approvals

Ratification by the English Parliament mentioned – 26, Suppl 4

Confirmation by the Pope arranged – 27

Commentary

The marriage did not take place.

NB: no provisions regarding maintenance and widow’s pension for the bride, more of a religious peace agreement than a marriage contract!

Bride: married to Emperor Ferdinand III in 1631.

References

• Archive copy: TNA SP 108/543
• Printed reference: Dumont 1726-1739, vol. V:2, pp. 440-442
• Contract language print: Latin
• Digitalized print: https://gallica.bnf.fr/ark:/12148/bpt6k1263086r/f448.item

Recommended citation

Dynastische Eheverträge der frühen Neuzeit. Contract No. 85. Philipps University of Marburg. Available online at https://dynastische-ehevertraege.online.uni-marburg.de/en/vertraege/85.html.

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title = {Dynastische Ehevertr{“a}ge der fr{”u}hen Neuzeit: Contract No. 85},
 url = {https://dynastische-ehevertraege.online.uni-marburg.de/en/vertraege/85.html}
}