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James I, and Pope Gregory XV 'Propositions for the marriage of Prince Charles, with the Pope's Replies (1622)'

British Library, Harley MS 280, ff. 142r-144r


The p[ro]posic[i]ons of the K: of Great Brittany touchinge the Marriage of the Prince of England w[i]th the Infanta of Spaine together w[i]th the Popes replies & commands

Right margin: The Replies of the Pope The capitulac[i]on of the K:

  1. That the mariage is to be made w[i]th the Popes dispensac[i]on & t[hat] the dispensac[i]on is to be p[ro]cured by the K: of Sp: who is to give his {replies words} to the K: of grt Britt: to doe all possible he cann to obteyne the dispensac[i]on of the Pope.
  2. Right margin: i the mariage ought to be celebrated but once and that in Spanie but if anie Solempnyty be done in Engl: the formes of the said Solempnyty is to be declared. That the mariage is to be celebrated in Spaine & in England in Sp: accordinges to the forms of the Church of Rome and in Engl. w[i]th the cerimonies which shall seeme fittinge to the C: of Engl: provided that none of the said cerimonies be contrarie to the Religion of the most excellent Infanta but hereof & {forme is} to be drawne in w[ha]t manner forme they ought to be done here and there.
  3. That the most excellent Infanta shall alwayes have free use and publiqe excercise of the Catholicke Relligion in the manner & formes as is hereafter capitulated
  4. That the most excellent Infanta shall haue {her} serv[an]ts and all her famyly chosen & named by the Ki: of Sp: provided that the said K: of Sp: name not vassalls of the K: of grt Britt: w[i]thout his expresse will and consent.
  5. Right margin: 5 That there be {Bi[sho]pps} & - / () publiqe church at Lond. & els where, where the (most) excellent Infanta is to reside & live & [th]a[t] in both (place{s} all divine duties be done the word preached and the Sacram[en]ts administered. That the most excellent Infanta shall haue most convenient places of prayer in o[u]r Pallace where masse may be said att her pleasure and that the said place of prayer may be adorned w[i]th the decency w[hi]ch shall seeme fittinge to the said excellent Infanta.
  6. That in the said place of prayer or chappell it shalbe p[er]mitted to her {preists} to exercise the free use of theire function in the manner that the most excellent Infanta shall - - ordayne.
  1. Right margin: That the serv[an]ts both men and women of the most excellent Infanta & the serv[an]ts of her serv[an]ts and theire Chillderen and {(race) } & all her Familiars ought to be freely Catholiqes That the serv[an]ts both men & women of the most excellent Infanta & the serv[an]ts of her serv[an]ts & the p[er]sones w[hi]ch belonge to the famyly may be Catholiqes freely w[hi]ch notw[i]thstandinge ought to be - - understood soe t[ha]t whosoeu[e]r wilbe a serv[an]t obleige himselfe as a Catholiqe – & serv[an]t
  2. That the aforesaid serv[an]ts yf they be Catholiks may be soe in manner full {owingd}
  3. That the most excellent Infanta shall haue in the Court or adioyinnge to the Court a Chappell soe capacious as all the said Catholiqe serv[an]ts may enter & bee conteyned therein, w[hi]ch Chappell is to haue one publiqe and ordinarie {dore} through which the serv[an]ts may enter and another inward {dore} towarde the Court through w[hi]ch the said most excellent Infanta may enter and here masse and celebrate holy dayes
  4. Right margin: 10 That the Chappell and publique churches {&c} That the Chappell be beautyfied w[i]th the decent ornam[en]t of the Allter & other things w[hi]ch are necessarie for devine - - wor[shi]pp: which is to be celebrated according to the use of the holy Church of Rome. And yf it be lawfull for the said serv[an]ts & others as hath {bine} aboue said to goe to the said Chappell att all {howers} that they will
  5. Right margin: 11 The Pope as before adds publiqe church That [th]e care and Custodie of the said Chappell shalbe com[m]itted to those whom the most excellent Infanta shall appointe to whom it shalbe longe (sic) not to suffer any to enter to doe any vndecent thinge in the said Chappell -
  1. That for the administrac[i]on of the Sacram[en]ts in the said Chappell there shalbe a number of ministers as shalbe seene convenient to the said Infanta and they are to be nominated by the said most excellent Infanta Provided that they be none of the K: of grt Britt: or if they be it must be w[i]th his consent & likenige,
  2. Right margin: 13 That therbe a minister w[hi]ch shalbe indued w[i]th the quality of a Bish[o]pp: That there be a superior minister w[i]th sufficient authorities for all causes w[hi]ch shall happen to touchinge the Catholiqe Religion
  3. Right margin: 14 The Pope adds the name of Bishopp: That this sup[er]ior minister may correct punishe chastice the Catholiques w[hi]ch shall offend & excersise uppon them all eccle- siasticall iurisdicc[i]on nd moreou[e]r that the most excellent Infanta may discharge them of her services
  4. That the most excellent Infanta and her serv[an]ts may lawfullly {as} aforesaid get from Rome dispensac[i]ons indulgences Iubiles and all other things w[hi]ch serve convenient for theire – consciences.
  5. That the serv[an]ts of the most excellent Infanta take the oath of fidelitie to the Ki: of Grt Britt: provided there be noe {cluases} or word in the said oath w[hi]ch may contradict the Relligion & conscience of the Catholiqes & to this purpose the forme of the oath is to be approved by the Appostolicke sea
  6. Right margin: 17 That the lawes which doe and hereafter shall not meddle w[i]th or haue to doe w[i]th the serv[an]ts & other laymen aforesaid the w[hi]ch shalbe exempted from the paine and penaltie made against such() trangressors, but the church men shalbe subiect to none but the said {Eccle[sia]sticall} lawes. That the lawe of Kings: touching Relligion shall haue nothinge w[i]th the said Catholicke serv[an]ts of the most excellent Infanta w[hi]ch shalbe all exempted from the said lawes & penallties made against such transgressors: and it will be needfull to declare how and in what manner this busines is to be managed
  7. 143v
  8. 18 That the chillderen that shalbe borne of them during this matrimonie shall not be forced or compelled in matters if Relligion and conscience and t[ha]t the lawes against Catholickes shall not extend to them in case that anie of them be Catholickes nor for this respect shall they loose the right to succeed in the kingdome & dominion of grt Britt:
  9. Right margin: 19 That the Nurses Which said give sucke to the childeren of the most excellent Infanta be Catholickes & that the Infanta choose them and that they be accompted of her family. 19 That the the Nurses w[hi]ch shall give sucke to the chillderen of the most excellent Infanta shalbe chosen and admitted w[i]th the likeinge of the most excellent Prince and be accompted of his family

Right margin: The Answeres of the K: of great Britt: The requests of the K: of Spaine

  1. Right margin: i For security that the marriage may not be undon there can be noe {strong[e]r} obligac[i]on in fealty of truth then the Relligions and lawe of the kingdom both which doe much contradict a divorce nor can therebe added any other then honor and reputac[i]on. Notw[i]thstandinge lett euery thinge be done that can be done w[i]th decency and conveniency. Though for great security it hath beene offered that we well the Infanta as the prtion of her contract of matrymonie be keepte in Spaine untill the condic[i]on be p[er]formed. Notw[i]thstandinge to avoid divorcem[en]t greater assurances are requisite and that is desired w[hi]ch may give great security. And t[ha]t the most excellent K. of great Britt: declare (w[ha]t) security shalbe given that in noe case the marriage once contracted shalbe dissolved
  2. Right margin: 2 That the Childeren are to remaine under the goverm[en]t & care of the woman untill the age { [tha]t is used} in such cases, & this to be confor- mable to the complecc[i]on & health of the said children w[hi]ch accordingly shall remaine a longer or shorter tyme, untill the said goverm[en]t. That it be declared untill what age the most excellent Infanta shall haue the educac[i]on of the childeren that shalbe borne of them during this matrimonie
  3. That it be declared & {et} 144r Right margin: 3 The serv[an]ts w[hi]ch shall come from Spaine shalbe nominated by the Catholiqe K: when= soeu[e]r theire place shalbe vacant. / That it be declared that whensoeu[e]r the place of the serv[an]ts men & women that the said excellent Infanta shall carry w[i]th her shalbe vacant that then others be named w[i]th the Catho: K: her brother in theire places eu[e]ry tyme shalbe vacant either by the death or dissmission or callinge home the said officers by his will. /
  4. Right margin: 4 For securyty that all t[ha]t be capitulated may be accomplished [th]e K: of grt: Britt: & the Prince of Wales will obleige themselves by oath and – seale it w[i]th the grt. seale of Engl: and the said K: & Prince of Wales will likewise give theire faith & words that they will doe all that shalbe possible that eu[e]ry that shalbe capitulated may be established by p[ar]liam[en]t and because noe {causion} may be refused, yf the K: of Sp: shall add or expound any other thinge w[hi]ch may be done w[i]thout destroyinge the fittinge {decorum} the K: of grt Britt: will doe it w[i]th a good will. / That most excellent K: of – grt Britt: declare the securyty which he can give that all that shall be capitulated shall (be) keept inviolablely. /

The Colledg of Cardinalls

Because the Condic[i]ons which haue beine offered from the kinge of great Brittaine as it appears avayles only for the securyty of the Relligion and conscience of the most excellent Infanta & her famyly & synce for grauntinge of a dispensac[i]on other things are required for the p[ro]ffitt increase and of the Catholicke and Romishe Relligion the said things are to be p[ro]pounded {one} the parte of the kinge of great Brittayne: to the end that o[u]r holie Father may deleberate whether by the p[er]swac[i]ons of such offers a dispensac[i]on may be graunted. /

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British Library, Harley MS 280, ff. 142r-144r,

Languages: English, Latin

Creation date: 1622


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Transcribed by:

Howard Barlow (BRIHC PhD Scholar)