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A08108 A true coppie of the transportation of the Lowe Countries, Burgundie, and the countie of Charrolois: doone by the King of Spayne, for the dowrie of his eldest daughter. Giuen in marriage vnto the Cardinall Albert, Duke of Austria, vvith the articles and conditions of the same, signed by the King in Madrill. Translated out of Dutch by H.W. Nouember. 1598 Spain. Sovereign (1556-1598 : Philip II); Elstracke, Renold, fl. 1590-1630, engraver.; H. W., fl. 1598. 1598 (1598) STC 18468; ESTC S113157 16,222 30

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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 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 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 EGo iuro ad Sancta Dei Euangelia quod semper ad extremum vitae meae spiritum Sacrosanctam Fidem Catholicam quam tenet docet predicat Sancta Catholica Apostolica Romana Ecclesia omnium Ecclesiarum Mater Magistra constanter prositebor fideliter firmiterque credam veraciter tenebo Atque cam à meis subditis teneri doceri predicari quantum in me erit curabo Sic me Deus adiuvet haec Sancta Dei Euangelia 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 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
SERENISSIMA ISABELLA CLARA EVGENIA INFANTA HISPANIARUM c. The pourtraicture of the most Illustrious Isabella Clara Eugenia Infanta of Spain Duchesse of Austria and Burgundie And Princesse of Belgia R E sculpt A true Coppie of the transportation of the Lowe Countries Burgundie and the Countie of Charrolois Doone by the King of Spayne for the Dowrie of his eldest Daughter Giuen in marriage vnto the Cardinall ALBERT Duke of Austria vvith the Articles and Conditions of the same signed by the King in Madrill ❧ Translated out of Dutch by H. W. Nouember 1598. AT LONDON Printed by I. R. for Paule Linley dwelling in Paules Church-yard at the signe of the Blacke Beare 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. PHILL Rex To all present and to come which shall see or heare these presents greeting 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 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 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 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 y e 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
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. Paraphed thus N. D. V. Subsigned PHILLIPPVS And more vnder By the King And vnder written A. de la Loo Approbation Aggreation and the Oath of the Prince of Spayne in the transportation of the Netherlands and Burgundie PHILLIP by the grace of GOD Prince onely sonne and heyre to the Kingdoms Countries Dominions of the King PHILLIP the second of that name my Lord and Father Vnto all present and to come greeting MY saide Lorde and Father hauing resolued to espouse my Lady th' Infanta Isabel Clara Eugenia our deere and wel beloued Sister with the Archouke Albert our beloued Vncle and Cosin and that according to the same his Catholique Maiestie hath also determined in our cōmunication and with our consent béeing there-vnto perswaded through great respects of the common good yea to the rest and tranquilitie of all Christendome in generall and perticulerly to the rest and quietnesse of the Netherlands As also to the end that our said good Sister be furnished according to her qualities and highnes of her birth To make a gift vnto our saide Sister of the Netherlands and the County of Burgundy in the forme and manner appearing by the open Letters which my Lorde and Father to that end dispatched signed with his own hand and sealed with his great seale whereof the tenor followeth from word to word Phillippus c. Make knowne that after hauing perticulerly vnderstoode what is aboue saide and mentioned euery point of the matter considering the common good which is lyke to proceede thereof vnto all Christendome Yea the same by reason of the perticuler loue which we owe and beare vnto our beloued Sister th' Infanta through her great woorthines We strengthen approoue and confirme for good by these presents notwithstanding any preiudice which might belong to vs our Successours now present or to come and for the same reasons we consent and agrée by these presents that the said Netherlands and Counties of Burgundy and Charloys shal be ceded transported and giuen vnto our beloued Sister th' Infanta in the manner as my aforesaid Lord and Father hath done it and as it may best continue and for the more security coroboration and assurance of what his Maiesty dooth dispose and ordaine in the fauour and furtherance of our beloued Sister Euen so doe wee dispose and ordaine there-vnto if so it be néedefull by these presents also in fauour of the same in the same forme and manner in all the whole procéeding of our owne free will without that wee haue any way there-vnto béene incited compelled either by deceite falshoode nor any respect of paternall reuerence nor any feare or other but iustly and truly being our intention that the said Countries shal belong and appertaine to our deere and beloued Sister th' Infanta Isabell Clara Eugenia and her Successours in the forme of the saide disposition of the King my Lord and Father And to the end that all may haue his full enteere effect and perfection and remaine for euermore faster and more stabler we haue renounced and renounce by these presents in fauour of our said beloued Sister for vs and our Successours all Benefices which may or might be by right giuen or assigned vnto vs or them which might contrary vnto these nor although it were by right of restitution in Integrum in the which we haue likewise renounced and by these presents doe renounce For our concluded and determined will is that no manner of things shall haue any force or power against this donation concession and transport which is done of the Netherlands in the forme and manner before written Wherefore we haue done and giuen our oath vpon the holy Euangilan Gospel which we haue touched with our hands to hold and obserue maintaine and accomplish and to cause to be held obserued maintayned and accomplished all what is aforesaid without euer to bring there against any manner of excuse or exception nor to suffer that any shall bring them in our name the which we affirme and promise with princely words and that we wil giue any ayd assistance to the fulfilling of what is said Such being as is said our earnest will and desire In witnes wherof we haue dispatched these present open Letters the which wee haue subsigned with our owne hands and caused to be contrasigned by the Secretaries infrascripts of the estates of the King my Lord and Father in the said matters of the said Lowcountries and Burgundy and caused them to be sealed with the great Seale of Armes of his said Maiesty hanging at a golden string being present and as witnesses ther-vnto requested Don Gomes de Auila Marques of Velada our Gouernour and great Steward Don L. H. t. a p. de mora Earle of Castel Rodrigo G tand Commander d'Alcantara Gentleman of the Kings Chamber and Cup-bearer to our owne person Don Iehan d'Iiaques great Commaunder of Lean al thrée of the Counsaile of Estate and Messire Nicholas d'Amant Knight likewise Counsailour of Estate and Keeper of the Seale of his Maiesty in the matters of the afore-said Netherlands and Burgundy and Chauncelour of his Countrey and Dukedome of Brabant Giuen in the Cittie of Madrill the Realme of Castile the sixt day of the moneth of May in the yeare of grace 1598. Paraphe N. e. r. t signed Philippus And more vnder By order of my Lord the Prince subsigned A de la Loo and the saide Letters were sealed with the great Seale of Armes of his Maiesty in redde waxe hanging at a golden string Procuration of th'Infanta to her future Spouse to receaue the Netherlands in her name ISabell Clara Eugenia by the grace of God Infanta of al the Kingdoms of Spaine Dutches of Burgundy Lorrayne Brabant Limborch and Artoys Countesse Pallatin of Haynault Holland Zealand of Namen and Zutphen Marquesse of the Romish Dominion Lady of Freesland of Saliues and Machelen of the County Citty and Country of VVtrecht Oueryssel and Groeninghen To all present and to come which shall see or beare these Presents KNow that as well for the welfare of Christendome ingeneral as the perticuler of the Netherlands and for other good considerations it hath pleased the King my Lord and Father for the furtherance of our future marriage by the dispensation of our holy Father the Pope with our beloued Cosen the Archduke Albert and with the consent agréeation and agréement of the high and puissant Prince our déere and welbeloued Brother to make vs a gift concession and transportation of all the Netherlands and Burgundy by the open Letters thereof dispatched and respectiuely subsigned by their owne hands she sixt day of this present moneth of May with other open Letters touching the acceptation of the transport and donation to the
end that the saide Netherlands and Burgundy should by vs be held and possessed also our Heires and Successours in forme and manner and according to the conditions perticulerly expressed by the saide open Letters And that by the same his Maiesty hath consented agréed and promised vs and giueth absolute and inreuocable power of our owne authority without taking any other consent to seise our selues or by sending of procuration to our said future husband the Archduke Albert the whole and entire possession of the said Netherlands and County of Burgundy and Charoloys and to doe in the said effect all what perticulerly is saide in the said open Letters MAke knowne that we for the causes aboue specified and in euery thing to follow the will and ordinance of his Maiesty to the furtherance of the same all what in regard of the aboue written is needfull for our voyage to the saide Netherlands haue of our owne mind and absolute power authorised and giuen full and inreuocable power and commission with all faculty so generall as perticuler to our future husband the Archduke Albert for and in our name and in our behalfe to do either through himselfe or through others which he shal appoint there-vnto or shal finde lawfull by vertue of these Letters once or at more times all and in perticuler the thinges as much as in our name and behalfe as in the behalfe of all the Prouinces of the Netherlands and County of Burgundy and Charoloys in generall and through the Estates of euery Prouince in perticuler shall be required and néedfull there to be done for respectiuely to take seise to haue and to hold in our name the whole and entire possession of all the said Countries and of euery Prouince thereof with all what thereunto belongeth to vse them wholy quietly without any contradiction obstract or hinderance and to that ende to assemble the Estates of the said Countries be it in generall or perticuler to doe in our name the requisite oaths as also to receaue of the aforesaide Estates and others their vsuall oathes And ouer and aboue shal be done by our said future husband the Archduke Albert all what we to that end in proper person ought to doe if we were there present and although that there were any matter which should require more especiall commaundement then is in the said Letters mentioned We then suffer by Princely words and by our Honours to finde agréeable to keepe fast and sure and to obserue and cause to be obserued and inuiolably accomplished and in good fayth alwaies all what soeuer by the saide Archduke our future husband or by those which he shal haue appointed or commit by vertue of the said Letters shal be done or passed in regard of the said entire full and accomplished possession of the saide Netherlands and Burgundy according to the forme and manner mentioned in the saide open Letters of the said donation cession and transport to the which we referre our selues without euer to contrary the same or suffer the same to be contraried directly or indirectly in what manner soeuer for such is our will In witnes wherof we haue signed with our hand and caused to be contresigned by the Secretaries Infrascript of the Estates of the King my Lord and Father in matters of the saide Netherlands and Burgundy and sealed with the great Seale at Armes of his Maiesty hanging at a golden string Giuen in the Citty of Madrill the Realme of Castile the xxx day of May the yeare of grace 1598. Paraphed thus N. d. i. t. and subsigned the Lady Isabell and on the fold By order of my Lady the Infanta And more signed A de la Loo And were the said Letters sealed with the Kings great Seale in redde waxe hanging at a golden string Demonstration of the Archduke Albertus done to the generall Estates ALBERT by the grace of God Cardinall Archduke Lieuetenant Gouernour and Captaine Generall DEere and welbeloued the two Letters héere-vnder ioyned are of the King my Lord and of the Prince his Sonne for assurance in our behalfe to declare vnto you a resolution which his Maiesty hath taken to the welfare and consolation of these Countries by the accord and consent of the said Lord the Prince And because wee cannot personally accomplish the same being a waighty matter vnlesse we absent our selues from hence we are therefore by these to giue you vnderstanding of our great charge which in effect is that his Maiesty hath found good as well for the generall welfare of all Christendome as especially for these Countries no longer to prolong the marriage of the woorthy Infanta his Eldest Daughter as wel for the conseruation of his house as diuers other respects he hath to this effect cast his eyes on our person and that by the consent of our holy Father the Pope of the Empresse our honourable Lady and Mother and of the Emperour my Lord and Brother And that moreouer to giue better commodity vnto his Daughter and vs to manifest the perticuler inclination which hee beareth these Countries will transport them ouer as a gift to his Daughter to the furtherance of the said marriage together with the County of Burgundy without detayning or parting any thing thereof in any manner whatsoeuer assuring himselfe that you and al others will reioyce of this his kinde resolution being the same stretcheth to the common welfare rest of the saide Countries as being the onely way to attaine to a good and sure peace and to come out of this miserable warre which is the thing which his Maiesty hath so feruently desired Wherfore for our parts since it toucheth vs we are to esteeme it greatly as also wee greatly esteeme the great honour and good which by these his Maiesty doeth to our person choosing vs aboue all other persons and onely for this respect ought we to receaue an incredible contentment And so much the more doe wee reioyce that by these occasions we may shew the effects of our good and cordiall desires In following the paths of the Princes of Burgundy and Austria our Predicessours labouring for the welfare and rest of the said Countries to the which we haue and doe beare a perticuler inclination estéeming thereof since our comming hether to haue made a reasonable proofe although not wholy such as we desired by reason of diuers troubles and mishaps which are befallen vs We know full well the heauy and burthensome charge which by this resolution will fall on our necks But assuring our selues that we shall through you and others be counsailed ayded and assisted we hope that by the grace of God the matter wil haue a good and prosperous successe and that we shall see these Countries to returne in their auntient flowre greatnes and prosperity as they were in the dayes of our Predicessours and they seeing with what courage the worthy Infanta and I shal employ our selues there-vnto our persons mindes and our meanes we shal kéepe the same