The Coppie of the transport done by his Maiestie, to th' Infanta his Eldest Daughter: of the Netherlands, Burgundie, & the Countie of Charolois in the yeere. 1598.
WHereas wée haue found to be most behoouefull not onely to our Prouinces of the Low-countries, but also, vnto all Christendome in generall, no longer to delay the marriage of our deere and beloued eldest Daughter th' Infanta, Isabel Clara Eugenia, béeing moued thereunto, as well for the conseruation of our House, as diuers other good respects: as also, for the great good affection, which we beare vnto our beloued Brother, Nephew, and Cosin, th' Archduke Albert, (a [...] this present) Lieuetenant, Gouernour, and Captaine generall, for vs in our Netherlands, and Burgundy, we haue cast our eyes on him, and choosing him for the future Husband of our said Eldest Daughter, the whole, aswel with the consent & pleasure of our holy Father the Pope, who condiscendeth, and graunteth the dispensations thereunto belonging, as also with the agréement and consent, of the most high, excellent, & puissant Prince, our beloued Brother, Nephew, and Cosin, Rodolph, the second of that name, Emperour of the Romaines, together with our welbeloued Sister the Empresse his Mother: which beeing considered, and to the ende that our saide Daughter might bée furnished with reasonable means, such as are required for her great calling and merrits. Also to shew and make knowne, the loue which we haue and doe beare, vnto our sayde Netherlands and Burgundie, wee [Page 2] haue resolued (to th' aduanncement of the saide marriage) to giue and transport all those saide Countries, vnto our saide Daughter, and all thereunto belonging, in the manner which shall be specified héere-vnder. The whole, with the consent and good will, of our deere and welbeloued good Sonne, the Prince Phillip, our onely Sonne and heire: according to the aduertisement, which (by vs and our sayd Sonne) hath béene giuen vnto the principall Lords and Knights of our order, Gouernours and Estates of our said Netherlands, which are in our obeysance, together with those of our Country of Burgundie. All the which haue witnessed and declared by theyr aunswer, the ioy & contentment which they receiued at our so kinde resolution, which they knowe and confesse, to be for the rest and tranquilitie of our said Netherlands, and that it is the true and right course to attaine to a good and firme peace, and to bee deliuered from such a troublesome warre: which quiet and tranquilitie, wee haue alwaies wished vnto them. And considering that (which vnto all is most manifest) the greatest felicitie which may happen to a Country, is to be gouerned by the sight and presence of theyr naturall Prince and Lord, God is witnesse of the trouble and care which we haue had, because we haue not beene able in that sort to do it personally, as (trulie) we well wished, if other great and important affaires of our Realme of Spaine, had not forced and constrained vs to make a continuall residence therein, without moouing anie thing from thence: as also at this present they constraine vs. And although the age of our said Sonne, seeme more fitte to trauaile then dooth ours, notwithstanding, it hath béene the pleasure of the Almightie, to giue so many other kingdomes and Counteies, for the good gouernment of which, there will neuer want affaires of great importance, for the which also his presence shall heere be needfull. Wee haue then founde most conuenient to take this resolution, to he end that our said Low Countries be not left in the fore-passed inconueniences, together with the reason that we haue to appoynt the portion of our said Daughter th' Infanta according to her merrits, and the greatnes of her birth. As also perticulerly, that next vnto [Page 3] the said Prince our Sonne, (vnto whom God confirme with long yeeres & prosperitie to his seruice) our said eldest Daughter is the first and neerest heyre vnto the said Countries, and therefore, by vertue of the will and pleasure of our said Son, shee may frō this time be constituted in the same. The more because we haue chose these meanes, hoping that thereby our said Netherlands may returne, to their auncient flower, rest, and prosperitie, which heeretofore they haue had.
VVherefore we make knowne, That desiring at this present to put in execution, that, whereon we haue so ripely considered, and in respect of the voluntarie consent, which our said Sonne the Prince hath so liberallie giuen thereunto, after hee had vnderstood, the submission wherewith our said Countries did confirme our will and intention, wée haue resolued and decréed, to cede and transport to our said Daughter th'Infanta, and to the aduauncement of the saide marriage, all our saide Prouinces of the Netherlands and Burgundy, in the forme, manner, and conditions heere-vnder expressed.
I.
THE first condition is, and not otherwise, that our sayde Daughter is to take in marriage th'Archduke Albert, in vertue of the dispensations which our holy Father the Pope, hath granted to that end, that she shall accept for her Dowrie, the said Low Countries, and the County of Burgundie. And in case that the saide marriage were disturbed for any cause whatsoeuer, the said donation and cession, shall be voyde and of none effect: as in such a case (at this present) we recall and anullate the same.
II.
Item on condition & not otherwise, that the Children and descendents of the said marriages, Males and Females, ligitimates, and borne in true marriage, (and not the vnlawfull) although by subsequent it were in marriage, the Elder procéeding the Younger, and the Male the Female: in like degrée they shall be Heires, from hand to hand of all the said prouinces, [Page 4] conioyntly without eclipsing or seperating them, declaring that the Sonne or Daughter, of the Eldest Sonne or Daughter deceased, during the life of their Father: the same shall be preferred vnto the Vncles, or any other of the collaterall line.
III.
Item on condition, and not otherwise, that in case (which God defend) that there were neither Sonne nor Daughter of this mariage, or that they should be deceased, in the time of the decease of one, either of ye sayd Archduke Albert, or our Daughter th'Infanta, which shal be married: The sayd donation and concession shal be from hence-forward voyde & of no effect. In which case if our sayd Daughter remaine a Widdow, she shal be furnished with the lawfull portion from the Fathers side, & the Dowry of the Mothers side, such as appertaines vnto her: Ouer and aboue, what wee or our saide Sonne the Prince, might doe in such case in her behalfe, for the loue which wee beare her. And if the said Archduke our good Nephew suruiued our saide Daughter th'Infanta, he shall remaine Gouernour of the said Netherlands, for, and in the name of the Proprietary vnto whom the sayde Countreyes (as then) should be due.
IIII.
Item on condition, and not otherwise, that if all the descendants, Males, and Females, procreated of the same marriage in such sort, that none (of those which should be called to those goods) should remaine in such case. They shall returne all to the kingdome of Spayne, vnto him who shall be descended from vs, which make this donation and concession: As in such case at this present we giue it him.
V.
Item on condition, and not otherwise, that neither our said Daughter th'Infanta, nor any other of the Successours, shal not (for any cause or prete [...]e so ouer) transport, giue, nor allienate [Page 5] the sayd Countries without our consent, or the consent of our Heires, and Successours in these kingdoms.
VI.
Item on condition, and not otherwise, that she which shall be Princesse or Lady of the sayd Low-Countries, shal marry with the King of Spayne, or with the Prince his Sonne, which as then shal liue, keepe alwaies furnished with the due dispensations, in what shal be needfull. And if (as then) they had no mind, or meanes to make the said marriage, nor to haue them Countries in Dowry, (in such case) the said Lady may not take any other husband, nor bring him in Dowry any part of the said Netherland, except it be with our aduice and consent, and of our Heires or Successors in the said Kingdome of Spaine, which shal be desenceded from vs, and in case of contrauention: All which shal haue been giuen and granted, shal returne vnto them: as if this gift, concession, and transport, had not beene made.
VII.
Item on condition, and not otherwise, that each and euery one of the Princes and Lords of the said Netherlands, shal not marry his Sonnes nor Daughters, but with our aduice and consent, or of our Heires and Successours Kings of Spaine.
VIII.
Item on condition, and not otherwise, that neither our said Daughter th'Infanta, her Husband, nor any of his Successours (vnto which the said Countries shal be due) shall not in any wise make any Trade, Traffique, nor Contract to the East or West-Indies: neither send thether any sort of Ships, vnder what title, colour, or pretext soeuer: on paine that the said Countries, in the case of the saide contrauention shall be confiscated. And if any of these Subiects should (against this defence) trade or trauaile to the said Indies, the Lords of the said Countries shal punish them with paines, confiscation of goods, and other more seuere, yea with death.
IX.
Item on condition, and not otherwise, that if the said Archduke Albert our beloued Nephewe should suruiue our saide Daughter th' Infanta leauing a Sonne or Daughter, he shall haue the gouernment of the said Sonne or Daughter Heires, and the vse of all his goods, as if our Daughter th' Infanta were yet aliue: And ouer and aboue, our Nephewe (in this case) shal enioy (during his life) all the saide Countries, and shal be Vsufructier of the same, so farre forth, that he entertaine and nourish (all such Children) honourably according to their calling and quality, & that vnto the Elder, (be it Sonne or Daughter) he giue the Dutchy of Luxembourgh, and the County of Chime, which dependeth thereon to haue and enioy the same during the Fathers life, after the which, he shal haue all, as his vniuersall Heire. Being heere expresly declared that this clause of th' Vsufruict be onely vnderstoode in fauour of our good Nephew th'Archduke Albert, and that it may not be drawne in consequence, that none of his Successours might alledge any example, nor pretend any right there-vnto in any such like case.
X.
Item on condition, and not otherwise: This being aboue all others the principall and chiefest obligation. That all the Children and Desendants of the said marriage, following the piety and Religion which shineth in them, shall liue and dye in our holy Catholique faith, as our holy Romaine Church teacheth, and before they take possession of the saide Netherlands, shal thereof take their oath in the forme and manner as is expressed after this Article. And in case (which God defend) that any of the said Desendants, should goe astray from our holy faith, and should fall in any heresie: that after our holy Father the Pope shal haue declared him for such:) he shal be depriued of th' Administration, Possession, and propriety, of the said Prouinces, and that the Subiects & Vassals of the same, obey him no more: but that they receaue and admit, the néerest [Page 7] Catholique, following by degrée, who in case of decease, or such fault, ought to succéede him: and the saide Hereticke shal be reputed, as if he were deceased by naturall death.
The translation of the aboue written oath.
I Sweare, by the holy Gospell of GOD, alwaies, euen to the last gaspe of my life, stedfastly to professe, truly and assuredly to beleeue, and vnfainedly to maintaine, the holy Catholique fayth, which is held, taught, and preached, by the holy Catholique, and Apostolick Romish Church, (of all Churches the mother and mistrisse.) And to take care (as much as in me lyeth) that the same shall be vsed, professed, taught, and preached to my subiects. So helpe me God, & his holy Gospel.
XI.
Item on condition, and not otherwise, that the greatest stabilitie of peace, the loue, and coresponce, which ought to bee betweene the Kings of these kingdomes, shall bee betweene our descendants successors the Princes, and Lordes of the Countries on the other side. Also our descendants and successors, and euery one of them, which in time shall enter into the possession and demaine of the saide Low Countries and Burgundie, shall praise, approue, and ratifie of superaboundance, all what is contained in this article:
XII.
And béeing, that our intention and will is, that the aboue written conditions, shall be fully accomplished, together with [Page 8] the same we giue, cede, abandon, trans-fer, renounce, agree, and consent, indowrie, feeft, or reedefeeft, (and by what better way or forme by right may or ought to bee doone, without that the forcelesse forme, may be any way preiudiciall to that which is forcible, profitable, or aduantagious) to the said Infanta, Isabel Clara Eugenia, our deere and welbeloued eldest Daughter, all our Netherlands, and euery Prouince therof, and the County of Burgundie, therein comprehended the Countie of Charrolois, and the Dukedomes, Principalities, Marquisats, Counties, Barronies, Shieres, Citties, Castles and Forts, which are in our saide. Netherlands and Burgundie, together with all regals, leanes, homages, rites, liberties, freedoms, rites of patronage, rents, reuenues, domaines, aydes, confiscations, and forfeitures, with all and whatsoeuer rites and actions, which we may or might pretend in the cause of the Netherlands, and Countie of Burgundie, together with all preheminences, prerogatiues, priuiledges, exemptions, [...]dnoueries, iurisdictions, resorts, & other superiorities whatsoeuer, and in what sort they may bee, or for what cause and occasion they may appertaine vnto vs, be it of patrimonie or otherwise in any title or howsoeuer it may be. To enioy them wholy, and in such sort as we haue enioyed them, without any exception, so farre foorth (alwaies) that they be kept inuiolablie all and euery one of the aboue specified conditions. And the conditions made by the immortall memory the Emperor, my Lord and Father, in the month of Nouember, Ann. 1549. touching the vnion of the sayd Low Countries, not any way consenting nor agreeing any diuision, or separation in ye same, for what cause, nor in any manner whatsoeuer.
XIII.
And our intention is, as wee declare and expresly ordaine by these presents, that notwithstanding this our gift, concession and transport, our saide Daugther the Infanta, and her future husband, the Archduke Albert, shall be bounde to pay and to satis-fie to all such debts and obligations, contracted by vs, or in our Name, or by the late Imperiall Maiestie, vpon [Page 9] our patrimonie and domaine of the said Netherlands & Countie of Burgundie. And that also they shall bee bounde, to sustaine, beare, and maintaine, all such rents, pensions for lyfe, and all others whatsoeuer gyftes, recompences, and others, which his said Imperiall Maiestie, vs, and our Predicessors, hath, or doe giue, grant, and assigne vnto any persons whatsoeuer. And also we make, create, constitute, and name (by these presents, in the forme and qualitie aboue mentioned) our said Daughter the Infanta, for Princesse and Lady of the sayde Netherlands, and the Countie of Burgundie, together with the aforesaiyd Countie of Charrolois. Graunting moreouer, vnto our said Daughter, that ouer and aboue the particuler titles of each Prouince, of the said Netherlands and Countie of Burgundie, shee may name and intitle herselfe Dutchesse of Burgundie, although that wee haue kept for vs, and the sayd Prince our Sonne, (as long as it shall please vs) the same title of Duke of Burgundie, with all the rites which thereby are due to vs: together with the name of chiefe and soueraigne of our order of the Golden Fleece, with full power and authoritie to dispose thereof in time to come, as we shall finde most conuenient.
Wee also further consent, agree, and grant vnto our saide Daughter the Infanta, and gyue her absolute power and vnreuocable, of her owne priuate authoritie, without any other requisition or consent of her sayd future husband, or other, to take, and ceise, the entire and full possession, of all the sayde Netherlands, and Countie of Burgundie and Charrolois, and to that effect, cause the generall Estates of the said Countries to be assembled, and the perticuler Estates of euery Prouince. Or to vse any other order or forme, which shee shall find most requisite and conuenient, to declare this our concession and transport. As also to doo the oath which shall be needfull vnto the said subiects, and Estates of the said Countries, and to demaund inuesture of the péeces and signiories which shall bee needfull: and like-wise to receiue of them the due oath, and to binde them vnto all, according to all whereunto by their precedent oathes they were reciprocally bound.
[Page 10]And vntill such time as our said Daughter shal haue taken, (or cause to be taken in her name) the full possession of the said Netherlands, County of Burgundy, and Charolois, in the forme and manner referred by these presents, we set and pose our selues as Possessors of the same, in the name and behalfe of our said Daughter: In witnesse whereof we ordaine, and commaund these Letters Patents to be deliuered vnto her: consenting and graunting (moreouer) vnto her, to detaine, commit, and institute, in the said Netherlands, and Burgundy: Gouernours, Iudges, Iustices, and Officers, either for the Guard or defence thereof, or for th' administration of Iustice, policy, receite of the Demaines, or otherwise. And for the rest, to doe as a true Princesse and naturall Lady, and Proprietary of those Countries ought, either by right custome, or otherwise, to doe, as we haue done, and might haue done. Notwithstanding, alwaies obseruing the saide conditions aboue inferred. And to this effect we haue and doe quitte, absolue, and discharge by these presents, all Bishops, Abbots, Prelates, and other Church-men. Dukes, Princes, Marquesses, Counts, Barrons, Gouernours, Chiefetaines, Captaines of Countries and Citties, Cheefetaines, Presidents, and other of our Counsaile. Chauncellors, and other Iustices and Officers. Captaines, men of Warre, and Souldiours, of Forts and Castles: their Lieuetenants, Knights, Squires, and vassailes: together with the men of law, Cittizens, inhabitants of Citties, Boroughs, freedoms, & villages, and each and euery one the subiects of our said Netherlands, Countie of Burgundie and Charroloies, and each of them, respectiuely of the oathes of fidelitie, faith, homage, promise, and obligations, which they ought to vs, as to theyr Lorde and Soueraigne Prince. Charging, willing, and commaunding expresly vnto them, that they sweare and receiue the saide Infanta our Daughter, for their true Princesse and Lady, and to sweare vnto her, the due oathes of fidelitie, fayth, homage, promise, and obligation, in the manner accustomed, according to the nature of the Countries, Lands, & Signories, and that (moreeuer) they beare vnto her, and her said future Husband, all [Page 11] honour, reuerence, affection, obeysance, fidelitie and seruice, as good and loyall subiects ought, and are bound to doe, to their true and naturall Princesse, and as vntill this present they haue doone to vs. And with supplition and amendement of all and euery defaults, as much of right as deed, the which might happen betweene this our domiation, concession, and transport. And of our owne mouing and incitation, full and absolute royall power, (which herein wee will and doe vse) haue and doe derogate, vnto all and any lawes, constitutions, and customes, which may or might contrary here against: for such is our expresse will and desire.
And to the end that all what is aboue saide, may be plaine, and manifest matter, and which may continue, alway fast, sure, and stable, wee haue subsigned the same with our owne Name, and caused our great Seale to be hung thereat. Willing and ordaining, that inregistration be made hereof, to bee held in great estimation and value, in all and euery our priuie Counsailes, and Chambers of account where it shall be requisite. Giuen in our Cittie of Madrill, Realme of Castile, the sixt day of the Month of May, 1598. and of our raigne of Naples and Ierusalem, the 45. of Castile, Arragon, Cicile, and others, the 44. and of Portingall the 19.