The Paris gazette

The Paris gazette

Table of contents

§

Paris, Anno Dom. 1490.

The Case.

Arguments upon each side.

The Resolution taken.

The Event.

The Authors observation thereon.

[Page]The PARIS Gazette.

§

[Page]

The Magnanimious, and High-borne Prince, James Duke of yorke etc. Borne October the 14th. 1633

Paris, Anno Dom. 1490.

THe Emperour Maximilian having courted Anne sole Daughter and Heir to the Duke of Britain, prevailed at last with the young Lady, and with the principal Persons about her, as the Marriage was consummated by Proxy, with a Ceremony at that time in these parts new. For she was not only publickly contracted, but stated as a Bride, and solemnly Bedded; and after she was laid, there came in Maximilian's Embassadour with Letters of Procuration, and in the presence of sundry Noble Personages, Men and Women, put his Legg (stript naked to the Knee) between the Espousal Sheets; to the end, that that Ceremony might be thought to amount to a Consummation and actual Knowledge. This done, Maximilian (whose property it was to leave things then, when they were almost come to perfection, and to end them by imagination; like ill Archers, that draw not their Arrows up to the Head; and who might as easily have bedded the Lady himself, as to have made a Play and Disguise of it,) thinking all now assured, neglecting for a time his further proceeding, and intended his Warrs. Mean while, the French King (consulting with his Divines, and finding that this pretended Consummation was rather an Invention of Court, than any ways valid by the Laws of the Church,) went more really to work, and by secret Instruments, and cunning Agents, as well Matrons about the young Lady, as Counsellours, first sought to remove the Point of Religion and Honour out of the mind of the Lady her self, wherein there was a double labour. Maximilian was not only Contracted unto the Lady, but Maximilian's Daughter was likewise Contracted to King Charles; So as the Marriage [...]alted upon both feet, and was not clear on the other side. But for the Contract with King Charles, the exception lay plain and fair; for that Maximilians Daughter was under years of Consent, and so not bound by Law, but a power of Disagreement left to either part. But for the Contract made by Maximilian with the Lady her self, they were harder driven; having nothing to alledge, but that it was done without the consent of her Soveraign Lord King Charles, whose Ward and Client she was, and he to her in place of a Father; and therefore it was void, and of no force, for want of such consent. Which defect (they said) though it would not evacuate a Marriage, after Cohabitation and Actual Consummation; yet it was enough to make void a Contract. For as for the pretended Consummation, they made sport with it, and said, That it was an argument that Maximilian was a Widdower, and a cold Wooer, that could content himself to be a Bridegroom by Deputy, and would not make a little Journey to put all out of question. So that the young Lady; wrought upon by these Reasons, finely instilled by such as the French King (who spared for no Rewards or Promises) had made on his side, and allured likewise by the present Glory and Greatness of King Charles, ( [...]eing also a young King, and a Batchelor) and loth to make her Countrey the Seat of a long and miserable War, secretly yielded to accept of King Charles. Those of the Court of Britain her Subjects and Familiars, insinuated into the Ladies mind the invalidity of a Marriage by Proxy, that there was more of Solemnity and State in those contracts, then Obligation. That She ought not to make any Scruple of Conscience about the point, where the good of her self and Subjects was so much concerned. However in such accidents, the Pope who hath power over all Laws Ecclesiastical, would easily be brought to dispense with such Covenants not personally performed, to prevent the miseries that grow by War. L. Bacon Hist of Henry vii. pag. 80, 81. de Serres life of Charles viii. The supplement of Phil. Comines chap. 6. A. D. 1489.

The Case.

Ditto 1506. Lewis the twelfth K. of France, had one only Daughter, whose name was Claude, the which by virtue of the Salique Law was excluded from inheriting the Crown: the presumptive Heir being Francis Duke of Valois, Earl of Angoulesme. This Claude being not yet come to Age, was betrothed to Charles (the eldest Son of Archduke Philip) and the same Marriage De Serres in the Life of Lewis XII. confirmed by more then one Legacy, they entituling themselves Kings of Naples, and Dukes of Apulia and Calabria. After all this it was debated in the Kings Council, and in all the Parliaments of France, whether the said Espousals should be annulled? And whether it were not most convenient for the Realm, that Francis Duke of Valois should marry Her, He being the undoubted Heir of the Kindom.

Arguments upon each side.

King Lewis thought the Case to contain matter of much difficulty. In the first place he thought it repugnant to the Majesty and Grandeur of France, that he should violate his Royal Word and Faith plighted with the Eldest Son of the K. of Castile: And therefore He said that He could not upon any terms condescend and yield unto the Humble Request and Petition of his Peers and Parliaments, who did, (and that rationally) conclude that it would exceedingly contribute to the Peace & Welfare of France, if Francis of Valois did marry with Claude. The Nobles and respective Parliaments proceeded upon this ground. That Claude after the decease of King Lewis would as Inheritrix possess sundry Territories and Lordships in Italy, France, and the Netherlands, which if they should be alienated from the Realm of France by her Marriage into Castile, it would prove an unspeakable loss to the Crown of France. For what was this else but to deliver up the Keys of the said Realm unto the Castilians, the Hereditary Enemies of France, for Preservation or the Recovery whereof there [Page] must needs arise most grievous Wars betwixt the immediate Successor of King Lewis, and the Crown of Castile? It did not seem credible unto them, nor did they think the Councels of France ought to proceed on such uncertain Measures, that the Alliance aforesaid would produce any great and durable Amity betwixt the two Nations. There being nothing so Sacred or Solemn in the Leagues and Confederacies of Princes which doth not yield to their Ambition. Enlargement of Empire is the Supream consideration in their Councels; and from those desires even the most firm bonds of Friendship are daily violated. Wherefore least the Territories of such Importance should come into the possession of the Castilians, and their already potent Neighbour should receive so great an accessional of strength, they thought the Espousals did not only deserve to be annulled, bu ought in point of Right and Equity to be invalidated, For the which they alledged two most powerfull reasons. First, they resolved it, that His Majesty would proceed most exactly according to the dictates of Honour and Conscience; if, out of a tender regard unto the welfare and safety of his people, He did insede from those Counsils which he had either presipitously assented unto, or entertained upon the Exigency of a special juncture of Affairs: That He was obliged to comply with the humble request of his natural Subjects, aiming at the generall, rather than by too strict a respect unto His Word, given unto a Forreigner, to endanger the whole Realm. That the most obligatory and powerfull toys upon Princes, are those whereby they stand engaged to their people, whereunto for Him to adhere, 'twas true Honour and Conscience. Secondly they argued against the Marriage, that in such Contracts above all others there ought to intervene a voluntary consent, which She at those Years was incapable to give; and therefore the Contract was null by the Civil and Canon Law.

The Resolution taken.

King Lewis being over-ruled by these reasons, and by a particular concernment for the welfare of His Realm, did annull the said Contract; and to answer the Peace and Tranquility of his Dominions did give Her in Marriage unto Francis of Valois, who did afterwards succeed him in the Realm of France.

The Event.

It was found by Experience that the designs of the Castilians which they had formed to the prejudice of France, and which were founded upon the hopes of consummating the said Marriage, were all at once defeated therewith; And Francis together with Claude did quietly possess himself of those Hereditaments.

The Authors observation thereon.

In the Marriage of the Royal Family unto Forreign Potentates, two things ought especially to be considered. First, How much passeth away with the Daughter affianced. Secondly, What benefits may accrue, or be justly expected from the Farreigner with whom such Alliance and Marriage is to be Contracted. Zuerius Boxhornius disquisit. Politic. cas. 2.

Metz. The Princess of Heidelberg being formerly Affianced unto the D of Orleans, brother to the present King of France, no sooner arrived at this place; but His most Christian Majesty sent express word unto Her Highness, that albeit according to the Articles of Marriage, She were to continue in the Protestant Religion until by the perswasions and instructions of Her Aunt the Princess Lovyce; Yet such was the pleasure of His most Christian Majesty, that She should either omit those formalities and delays, and immediately turn Roman Catholick, or else return to Heidelbergh without any consummation of Marriage.

Oxford 1600. Albaricus Gentilis in a Discourse of His to Chancellour Egerton about Marriages by Proxy, denies them to be of any validity. For howsoever the Canon Law does admit of such, as good; Yet the Civil Lawyers are generally of another opinion. Because that in Matrimony there ought to intervene the special and present consent of both Parties; but in such cases the Proxy only gives his immediate consent. And whereas it is said that any Action may be executed by Proxy which a man may execute by himself; the Rule is not true in cases of Matrimony, but in Patrimonial Causes; which alone admit of Procurations; And Jason the Civilian writes foolishly, where he admits of Marriage by Proxy. Etsi dicitur actum quemlibet posse per pracuratorem posse explicari in s [...]quid alitur vetitum sit. Tamen & illa est regula, ut quae non sint Patrimonij, ea per procuraeorem non fiant; Atque quod excipiat ab hac regula Matrimonium Jason, aut quisquis alius ineptum est. Alberic. Gentilis de nuptijs l. 2. c. 14.

Amsterdam 1666. Upon the question concerning the validity of Marriage by Proxy, it is resolved that Espousals may be made by Proxy, but not Marriage. For, that a thing be done by Proxy, It is requisite that the Action arising from the Contract be such as may be fixed in the Proxy, and by him may reciprocally revert unto him by whom he is delegated. l. 4. § 2. D. de adquirend. vel omittend. possess. l. 8. §. final. D. mandat. But though in Espousall the Action be such as may be surrendered up to the principal and delegating parts; yet such is the bond of Marriage (which is the eonsummation of Espousals, and puts an end to that Ceremony) that it terminates in the person of a Proxy, nor is it a thing imaginable in Nature, that ever it should fall under the possi [...]ility of any Surrender. Henricus Bronwer I. C. de jure connubior. l. 1. c. 20 §. 11.

Anjou 1584. If both parties be present and give their mutual consents in Marriage, without Cohabitation; Though the Law terms this a good Marriage, yet I do determine that the man in this case doth not acquire the Rights of an husband. For accruing to the resolution of the Divines and Canonists, whose Authority is the greatest in these points. Whensoever we speak of the Rights of Marriage, there is not any notice or regard taken of those Marriages which are not consummated by Co-habitation. Joan. Bodin. de repub. l 1. c. 3.

Information about this book

Title statement

The Paris gazette

Edition statement

1670

Publication

Publisher

Text Creation Partnership,

Place of publication

Ann Arbor, MI ; Oxford (UK) :

Date

2003-01 (EEBO-TCP Phase 1).

ID [DLPS]

A55960

ID [STC]

Wing P359B

ID [STC]

ESTC R220450

ID [EEBO-CITATION]

99831851

ID [PROQUEST]

99831851

ID [VID]

36318

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(EEBO-TCP ; phase 1, no. A55960)

Transcribed from: (Early English Books Online ; image set 36318)

Images scanned from microfilm: (Early English books, 1641-1700 ; 2051:33)

Source

— The Paris gazette, Stubbe, Henry, 1632-1676, attributed name..

Extent

1 sheet ([2] p.), plate

s.n.,. [London? :: 1670?]. (Imprint from Wing.) (In MS at end: Written by Hen. Stubb M.A., .. Duke of York was about to marry the Princess of Modena.) (With a plate of King James, dated in MS 1660, with a caption reading: The magnanimious and high-borne Prince, James Duke of Yorke. etc. Borne October the 14th. 1633.) (Reproduction of the original in the Bodleian Library.)

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