the Kingdom of Spain; and which in time to come, his faid Catholick Majefty or his Succeffors, fhall have, poffefs, and fhall belong to them, nor to any therein comprehended, or depending thereupon, nor even to any which in time to come, whenfoever that may happen, his faid Majefty may purchase, acquire and add to his faid Kingdoms, States and Dominions, or which he may difengage, or which may fall to him by Devolution, or by any other Title, Right or Reafon whatfoever, whether it fhould be during the Life of the faid moft Serene Infanta, the Lady Maria Therefa, or after her Death in that of any of her Defcendants of the First, Second, Third or more remote Generations, that the Cafe or the Cafes fhall happen, by which either by Right, or by the Laws and Cuftoms of the faid Kingdoms, States and Dominions, whether by the Difpofition of Titles, or Pretenfions, whereby they might fucceed, or pretend to fucceed to the faid Kingdoms, States and Dominions, the Succeffion ought to belong to them. In all which Cafes, from this prefent time, the faid Lady Maria Therefa fays and declares herself to be well and duly excluded, together with all her Children and Defcen dants, Male or Female, altho they would, or might y or pretend that the forefaid Reafons of Publick Intereft, or any other upon which the faid Exclufion might be founded, do not take place, nor can, nor ought to be confider'd, to the prejudice of their Perfons; or tho they would alledg (which God forbid) That the Line of his Catholick Majefty, and of his moft Serene Princes and Infanta's, and moreover, of the Males which he has or may have for his Succeffors, were extinct or fail'd, by reafon that as it has been faid, neither fe, nor they her Heirs or Defcendants, can in any cafe, at any time, or in any manner that can happen, fucceed or pretend to fucceed, notwithstanding all Laws, Customs, Ordinances and Difpofitions, by virtue whereof any have hitherto fucceeded to the aforefaid Kingdoms, States and Dominions. And alfo notwithstanding all the Laws and Customs of the Crown of France, which oppofe the faid Exclufion to the prejudice of the Succeffors to that Crown, as well for the prefent as for the future, and in the Cafes which would have delay'd for a long time the faid Succeffions. From all which Confiderations, and from every one of them

in particular, their faid Majefties do derogate, in as far as they hinder or are contrary to the Contents of this Contract, or the Accomplishment and Execution thereof: From which they do derogate in order to the Approbation and Ratification of this prefent Capitulation, and hold the fame to be derogated accordingly. They will and intend that the moft Serene Infanta and her Defcendants, remain in time to come, and for ever incapable of fucceeding at any time or in any cafe, to the States of the Country of Flanders, County of Burgundy and Charolois, their Appurtenances and Dependencies. In the fame manner also they declare moft exprefly, that in cafe the moft Serene Infanta fhould remain a Widow (which God forbid) without Children by this Marriage, that then the fall be free and abfolv'd from this Exclufion, and morcover declar'd capable of her Rights, and of the Succeffion of all that may belong or fall to her, in two Cafes only; the one, if the remaining a Widow after this Marriage, fhould come back to Spain; the other, if for reafons of State, for the Publick Good, and for juft Confiderations fhe fhould marry again, according to the Will of the Catholick King her Father, or, the Prince her Brother: In which two Cafes fhe fhall remain capable and able to fucceed and inherit.

That the moft Serene Infanta, the Lady Maria Therefa, before the Celebration of her Marriage by Proxy, fhall give, promife and grant a Writing, by which the fhall be oblig'd, as well for herfelf as her Heirs and Succeffors, to the Accomplishment and Obfervation of what is above and of her own Exclufion, and that of her Defcendants; fhall approve and ratify the Whole as it is contain'd in this prefent Capitulation, with the neceffary and requifite Claufes and Oaths: and inferting the forefaid Obligation and Ratification which her Highnefs fhall have given and made of this prefent Capitu lation, fhe fhall make another fuch like, jointly with the moft Chriftian King, as foon as the fhall be efpous'd and marry'd, which fhall be enter'd in the Records of the Parliament of Paris, according to the ufual Form, with the other neceffary Claufes. As alfo on the part is Catholick Majefty, he fhall cause the Renunciatification, to be approv'd and ratify'd, with fary Claufes, with the ufual Form and

Vigour,

Vigour, and fhall alfo caufe the fame to be enter'd in the Records of his Council of State. And whether the faid Renunciations, Ratifications and Approbations be made or not made; they fhall from this prefent time, and by virtue of this prefent Capitulation, and of the Marriage which fhall enfue thereupon, and in contemplation of all the things aforefaid, be held and deem'd well and truly made and granted, and as pafs'd and enter'd in the Records of the Parliament of Paris, by the Publication of the Peace in the Kingdom of France.

That the moft Chriftian King fhall give to the most Serene Infanta, the Lady Maria Therefa, for her Rings and Jewels, the Value of 50000 Crowns of Gold, which with all the others that fhe fhall carry with her, fhall belong to her without difficulty, as Goods of her Patrimony, fit for her Highnefs, and for her Heirs and Succeffors, or those who fhall have their Right and Title. That his moft Chriftian Majefty, according to the antient and laudable Cuftom of the Houfe of France, fhall affign and conftitute to the moft Serene Infanta, the Lady Maria Therefa, for her Dowry, 20000 Crowns of Gold yearly, which fhall be affign'd upon Revenues and Lands where there fhall be a Court of Judicature; of which the chief Place fhall have the Title of a Dutchy, and confecutively to the value of the aforefaid Sum of 20000 Crowns of Gold every Year: which Place and Titles fo given and affign'd, the faid moft Serene Infanta fhall enjoy in her own Perfon, and by her Authority, and that of her Commiffioners and Offcers, and fhall have a Court of Juftice, as it has been always practis'd. Furthermore, to her fhall belong the Provifion of all the vacant Offices, as the Queens of France have been accuftom'd to have; provided always notwithstanding, that the faid Offices fhall be given to none but native Frenchmen; as alfo the Adminiftration and Farms of the faid Lands, according to the Laws and Customs of the Kingdom of France: of which aforefaid Affignment the faid moft Serene Infanta, the Lady Maria Therefa, fhall enter into poffeflion and Enjoyment as foon as her Dowry fhall take place, to enjoy the fame during her Life, whether the fhall remain in France, or retire elsewhere out of France.

That

That his moft Chriftian Majefty fhall give and assign to the moft Serene Infanta the Lady Maria Therefa, for the Expence of her Chamber, and Entertainment of her State and Houfhold, a convenient Sum, futable to the Wife and Daughter of fuch great and mighty Kings; affigning the fame to her in the form and manner wherein it is ufual to make Aflignments for fuch Settlements in

France.

That the moft Chriftian King, and the most Serene Infanta the Lady Maria Therefa, fhall efpoufe and marry each other, by a Proxy to be fent by the moft Chrif tian King to the moft Serene Infanta, by the word of one prefent; which done, his Catholick Majefty shall caufe her to be conducted at his Expence to the Frontiers of the Kingdom of France, with the Dignity and Splendour that becomes the Wife and Daughter of fuch great Kings; and in like manner fhall fhe be receiv'd by the moft Christian King.

That in cafe the Marriage between his moft Chriftian Majefty, and the moft Serene Infanta the Lady Maria Therefa, be diffolv'd, and her Highness furvives his most Chriftian Majefty, in that cafe fhe may freely, and without any Impediment whatsoever, return to the Kingdom of Spain, or to the Places or Countries which fhe fhall think convenient out of France, whenfoever fhe fhall think fit, with all her Goods, Portion and Dowry, Rings, Jewels and Veftments, Plate and other Movables whatsoever, with her Officers and Servants of her Houfhold to which no Oppofition fhall be made, for any reafon whatsoever, that fhall or may happen; nor any ftop put to her Departure, directly or indirectly, or any Impediment to the enjoying or recovering of her faid Portion and Dowry, or other Affignments made, or which ought to have been made to her. And for that purpofe his moft Chriftian Majefty fhall give to his Catholick Majefty, on behalf of the faid most ferene Infanta the Lady Maria Therefa his Daughter, fuch Letters of Security as fhall be neceffary, fign'd with his own Hand, and feal'd with his Seal; and from henceforth as then, his most Christian Majefty fhall for himfelf, and the Kings his Succeffors, promife and assure them thereof, upon the Faith and Word of a King.

This Treaty and Agreement of Marriage is made, with the design to befeech our Holy Father the Pope, as at this prefent time their Majesties do befeech him, that he would be pleas'd to approve it, and give his Apoftolical Bleffing to it; as alfo to approve the Capitulations and Ratifications which their Majefties and her Highness fhall have made, and the Writings and Oaths which fhall be made for its Accomplishment, inferting the fame in his Letters of Approbation and Benediction. That their moft Chriftian and Catholick Majefties fhall approve and ratify this prefent Capitulation, and every thing contain'd therein; fhall promife and oblige themfelves, upon their Faith and Royal Word, inviolably to keep and accomplish the fame; fhall deliver their Briefs or Letters to that effect in the ufual Form, with Claufes derogatory from any Laws, Rights or Customs contrary thereunto, and from which it is convenient to derogate : Which faid Briefs, or Letters of Ratification of this prefent Writing, they fhall deliver to each other refpectively, within thirty days, to be computed from the day of the date of thefe Prefents, by the means of the Ambaffadors and Minifters, who fhall be refident at the Courts of their moft Chriftian and Catholick Majefties, with the Obligation and Pledg of their Faith and Royal Word, that they will fulfil and keep the fame, and command it to be entirely obferv'd and kept, without any failure whatfoever, in all or any part thereof; and that they fhall not go about or attempt, or fuffer any thing to the contrary to be gone about or attempted, directly or indirectly, or in any other manner or way whatfoever for fo the faid Lords Plenipotentiaries have promis'd and ftipulated, by virtue of the Powers they have from their Majefties. At which were prefent, on the part of France, Meflieurs the Duke of Guife; the Count of Harcourt, Great Mafter of the Horfe, and Governor of Alfatia and Philipsburg; the Marfhal de Clerembaud, Governor of Berry, the Duke of Crequy, firft Gentleman of the Bedchamber of the aforefaid Lord the moft Chriftian King; the Bailiff of Souvre, Count of Olonne, the Marquifs of Vardes, Captain of the hundred Switzers of his faid Majefty's Guard, the Marquils of Sayecourt, Mafter of his faid Majefty's Wardrobe; De Lyonne, Minifter of State; Courtin, one of

the