Henry VIII,the Reign
S. L. Suelt. 355. Treaty between the Emperor and King Henry VIII.
Margaret, Archduchess of Austria, &c., and
Johannes, Seigneur de Berghes and Walhain, in the name of the Emperor ; and
Thomas, Cardinal of St. Cecilia, Archbishop of York, &c., in the name of the King of England,
conclude a treaty of marriage between Charles, Emperor elect, and the Princess Mary, daughter of the King of England.
The articles of this treaty are :--
1. During the time of immaturity of the Princess Mary the Emperor elect binds himself not to contract marriage with any other lady whatever.
2. As soon as the Princess Mary completes the twelfth year of her age, the Emperor elect binds himself to contract with her a marriage per verba de prœsenti by proxy.
3. The King of England binds himself not to promise the Princess Mary in marriage to any other man than the Emperor elect, and as soon as she has completed the twelfth year of her age to marry her to the proxy or proxies whom the Emperor elect will send to England.
4. The Princess Mary will at the same time send her proxy or proxies to the Emperor elect, who binds himself to contract with him or with them marriage per verba de prœsenti.
5. The King of England and the Emperor elect will procure a dispensation of the Pope for this marriage.
6. The King of England binds himself to send the Princess Mary, within four months after her marriage is contracted per verba de prœsenti, to Bruges, if the Emperor is in Belgium, or to Bilbao, if the Emperor is in Spain. The King of England will provide the Princess with all the articles of her wardrobe, jewellery, &c., as becomes her rank, and pay the expenses of her journey. Within four days after the arrival of the Princess in Bruges or in Bilbao, the Emperor elect will solemnize his marriage with her according to the ritual of the Church.
7. The marriage portion of the Princess Mary is to consist of 400,000 gold scudos or gold crowns, which the King of England is to pay in the following manner, viz., 200,000 gold crowns on the day of the solemnization of the marriage, or within eight days after it, and the remaining 200,000 gold crowns within one year after the solemnization of the marriage. Should, however, the King of England die without an heir male, and the Princess Mary become Queen of England, the Emperor elect is not entitled to any marriage portion, and is bound to repay to the trustees of the King all he has received on account of the marriage portion. All money due by the Emperor elect and his grandfather, the late Emperor Maximilian, to the King of England, is to be deducted from the second instalment of the said marriage portion. If an heir male is born to the King of England, so that the Princess Mary cannot succeed him on the throne, her marriage portion will be increased by 600,000 gold crowns, and thus amount to 1,000,000 gold crowns. These additional 600,000 gold crowns will be paid in yearly instalments of 200,000 gold crowns, beginning when the first 400,000 gold crowns are paid.
8. The Emperor elect binds himself to give the Princess Mary a dower amounting to 50,000 gold crowns a year. This dower is to be secured on all the towns, castles, &c., in Flanders, —Brabant, Hainault, Holland, and Zealand,—which the late Duchess Margaret of England, widow of Duke Charles of Burgundy, possessed, except Mechlin, which forms part of the dower of the Archduchess Margaret, dowager Duchess of Savoy. After the death of the Archduchess, Mechlin is to be given to the Princess Mary. That part of her dower which cannot be secured on the towns formerly held by the Duchess Margaret of England is to be levied, one half on towns, &c., in Castile, and the other half on towns, &c., in Aragon. The title deeds of the dower of the Princess Mary are to be delivered to the commissioners of the King of England on the day of the solemnization of the marriage, before, however, the marriage ceremonies are performed. Drafts of these title deeds must be sent a fortnight before to the King of England, in order that he may examine them minutely, and see whether the interests of the Princess Mary are sufficiently secured by them.
9. The marriage portion of the Princess Mary becomes the full property of the Emperor elect, and the repayment of it can, in no case and under no colour, be asked for, either by the King of England and his heirs, or by the Princess herself, except in case she becomes Queen of England. Her wardrobe, jewels, other ornaments, and the presents she may receive from the Emperor elect, are to remain hers for ever.
10. If the Princess Mary dies without children before the Emperor elect, her wardrobe, jewels, other ornaments, &c., become the property of the Emperor elect. She can, however, leave by will a portion of them to other persons, which portion ought not to exceed in value 20,000 gold crowns.
11. The Emperor elect binds himself to pay the King of England a fine of 400,000 gold crowns if he does not marry the Princess Mary as soon as she has attained a marriageable age, or if he contracts a marriage with any other lady during her minority. The King of England, on his part, is to pay a fine of 400,000 gold crowns if he does not give the Princess Mary in marriage to the Emperor elect at the stipulated time, or if he contracts her, or permits her to be contracted, to any other man.
12. The letters patent concerning the fine of 400,000 crowns are to be delivered to the English commissioners in London, and to the Imperial commissioners in Bruges.
13. All former treaties between England and the Emperor elect and his dominions remain in force in as far as they are not abrogated by this treaty ; but in order to secure a more intimate friendship and a stricter alliance between them, the contracting parties have concluded a "principal" treaty, which abrogates all other treaties, in as far as they contradict it, and which is abrogated by none of them. According to the "principal" treaty, the King of England and the Emperor elect will remain friends and allies for ever, and will act in common in defending their persons, honour, dignities, dominions, and revenues, as well as in vindicating the rights withheld from them by others, without any exception. Not only the dignities, dominions, revenues, &c., which the contracting parties already possess, but those also which they intend to recover, according to this treaty, or of which they shall get possession in any other way, are included in this treaty.
14. If any person, without any exception whatever, directly or indirectly, attacks the Emperor elect, or his dominions, or injures him in his person, honour, revenue, &c., the King of England will resent such attack or injury as though it were directed against him or his dominions, and will repel it with all his power. The Emperor elect will do the same in case the King of England be attacked in a similar manner.
15. In the former treaties between the contracting parties several other princes are included, either as principal parties or in their quality of friends and allies. In this treaty, however, none of them are to be comprised, and only such princes are hereafter to be admitted as both the Emperor elect and the King of England shall unanimously choose. All princes who are enemies of either of the contracting parties, or from whom either of them claims certain rights, are by this very fact excluded from this treaty.
16. As the contracting parties not only intend to defend their dominions against any aggressor, but also to recover what is unjustly withheld from them by others, the Emperor elect will go to Spain early in the spring, in order to prepare for war against the French. One month before he undertakes his voyage he will notify the time of it to the King of England, who will send his fleet to sea, with about 3,000 armed men on board, and drive away all enemies and pirates from the Channel and the English seas, so that the Emperor elect, without impediment or molestation, can come over to Dover or Sandwich. The Emperor elect and his servants who accompany him will be received in England with the greatest honour, and the King of England will accompany the Emperor in person to Falmouth, the last harbour in England, whilst the English navy will accompany the fleet of the Emperor from Zealand to Falmouth. The English fleet will, together with the fleet of the Emperor, remain in that port until the Emperor embarks, and will accompany him to Spain. Among the English ships there will be one of great size fitted out for the Emperor, and some other vessels in which his noblemen and councillors can embark, in case the Emperor should decide that he and his court shall make the voyage on board English ships. The King of England will pay all the expenses of his fleet. The Emperor, on the other hand, binds himself to send the King of England his ships, and to assist him in transporting his army from England to Calais, or to any other port of France, paying the expense of it until he has spent as much as the King of England will spend on the occasion of his (the Emperor's) voyage to Spain.
17. When the month of March 1523 arrives, each of the contracting parties is bound openly to declare war against France, in order to reconquer those towns, castles, dominions, &c., which the King of France unjustly withholds from them. Before the 15th of May 1523 the Emperor is bound to invade France on the frontiers of Spain, in person, with an army of at least 10,000 horse, 30,000 foot, and the necessary artillery, &c. At the same time Brabant, Luxemburg, Flanders, Picardy, Artois, Hainault, Holland, Zealand, and Burgundy will, with their ordinary troops, make war upon the French. The King of England binds himself, on or before the 15th of May 1523, to invade France in person, with an army of 10,000 horse, 30,000 foot, and the necessary artillery, &c. Each of the contracting parties will pay his own expenses. As, however, it would be difficult for the King of England to find in his own dominions as great a number of cavalry as he will require, the Emperor elect will provide him with as much German and other cavalry as he may want ; he, however, paying the expenses. The Emperor will permit him to enlist infantry in his dominions. Should the King of England wish to be succoured by the common soldiers of Flanders, &c., in his battles with the French, the lieutenants of the Emperor will send him as many of them as can be spared.
18. The contracting parties will carry on the war against France not only by land, but also by sea. The Emperor elect and the King of England will, therefore, send their fleets to sea, which are to be manned severally by at least 3,000 armed men. These fleets will sail from one part of the coasts of France to another, and will do as much harm to the French as is in their power. Neither of the contracting princes is at liberty to recall his fleet, nor to diminish the number of his ships or of their equipage, without the express consent of the other contracting party. In case of losses sustained by one or by both of these fleets, they are to be repaired and reinforced within one month.
Neither of the contracting parties is at liberty to conclude peace, truce, abstinence from hostilities &c., with the enemy without the express consent of the other contracting party, and if the enemy makes overtures to one of them, he to whom the overtures are made is bound to communicate them directly to his ally.
19. As soon as the war has begun, each contracting party has a right to march his troops through the dominions of the other contracting party, and all kinds of assistance— as, for instance, vessels, carts, provisions, &c.—will be given them, on their paying the usual prices for them, and abstaining from all molestation of, and violence against, the inhabitants.
20. If the war between the Emperor elect and the King of France is not concluded until the month of November next, or if it has been concluded, but is resumed by the King of France, the King of England is bound to declare war against the King of France within one month after the arrival of the Emperor elect in England, on his way to Spain, even if that arrival should take place earlier than was expected. The King of England is likewise bound to declare war against France before the stipulated time, if after the arrival of the Emperor elect in Spain hostilities between him and the King of France begin without his (the Emperor's) fault. As soon as the King of England has declared war against France, and the Emperor elect has landed in Spain, both the Imperial and the English fleet, each of them with 3,000 armed men on board, will cruise near the coasts of France, and do as much harm to the French as they can. These fleets are not to enter any harbour, except they enter those of the enemy in order to injure him, or except they are forced by stress of weather to take refuge, or once every three months to take provisions on board. Besides this, each contracting party is bound to send succour to the other contracting party who is attacked by the enemy, without distinction as to whether the attack takes place before or after the declaration of war.
21. As it is known to both contracting parties that the Empire cannot be called upon to contribute anything towards the execution of this treaty, both contracting parties will concert means to persuade the German princes to invade France, or, at least, not to permit German soldiers to take service in the French army.
22. If either of the contracting parties, during the war, conquers towns, castles, fortresses, &c., which by right belong to the other contracting party, he is bound to restore them to the righful proprietor within one month after he has been requested to do so.
23. In order to avoid all disputes, each contracting party will, before the declaration of war and the commencement of hostilities, state what portions of French territory he claims as his own, or intends to conquer. The expenses of the war will be divided between the Emperor elect and the King of England, according to the extent and revenues of the territories which each of them claims.
24. If either of the contracting parties wishes to make other conquests, or to reduce other rebels and disturbers of the peace to obedience—as, for instance, if the King of England should wish to conquer the kingdom of Scotland, or to subject Ireland, or if the Emperor should wish to conquer Guelderland or Friesland, and to punish the rebels, or if the Scots should attack the King of England, or the inhabitants of Guelderland should make war upon the Emperor—in all these and similar cases the contracting parties are bound to succour each other. As soon as war has begun in one of the afore-mentioned cases, the King of England will exclude the inhabitants of Guelderland and of Friesland, and respectively the Emperor, the Scots and Irish, from all commerce in his dominions.
25. Neither of the contracting parties will enter into negotiations concerning treaties of peace or alliance with the King of France, or any other prince, without the express consent of the other contracting party.
If either of the contracting parties, or both of them, have already concluded treaties with other princes which are in contradiction with this treaty, the treaties with other princes are, in as far as they contradict this treaty, abrogated and rendered null and void.
26. If the King of France, in consequence of this treaty, should cease to pay the King of England the pension which he at present pays him, both contracting parties will declare war against him, the Emperor binding himself to pay the King of England yearly 133,305 gold crowns. These payments will cease when the King of England shall have conquered such a sufficient number of towns, provinces, &c., in France that the clear revenues of them will amount to 133,305 gold crowns, or more, or if the King of England, with the consent of the Emperor elect, should make peace with France, and the King of France should bind himself to resume the payment of the pension.
27. In case the King of England conquers some portions of the territory of France, the clear revenues of which do not amount to the sum of 133,305 gold crowns, the amount of these revenues must be deducted from the pension which the Emperor elect is to pay to him.
28. The Emperor elect will, within four months from the date of this treaty, declare before a competent judge, and in presence of the commissioner or commissioners of the King of England, two notaries and witnesses, that he ratifies the treaty of marriage between him and the Princess Mary, and ask the judge to excommunicate him, and to lay an interdict on his dominions, if he does not strictly fulfil all the stipulations of it. The Emperor elect will request the notaries to draw up a public instrument, or public instruments, in due form, containing his declaration. The King of England will make the same declaration, in the same form. The instruments containing these declarations will be exchanged between the commissioners of the Emperor elect and the King of England.
29. Should the Princess Mary die before the marriage can be consummated, and should the Emperor hereafter have a son by another wife, and the King of England another daughter, or vice versâ, the children of the contracting parties are to be married to one another.
30. Both contracting parties will swear to this treaty.
31. This treaty is to be ratified by both contracting parties within one month after its date, and the ratifications are to be exchanged.
32. This treaty is to be kept strictly secret, until it be published with the consent of the Emperor elect and the King of England.
(The powers of the Emperor elect and of the King of England follow.)—Bruges, the 25th of August 1521.
J. de Berghes.