The other particularities were debated by depu|ties of both parts, wherein, as the emperour insisted obstinatlie to haue the dutchie of Burgognie resto|red as apperteining to him: so the French refused to consent, vnlesse he would accept it for dowrie; or else to referre it to the sentence of the law and iustice to decide the true title. And albeit they could easilie haue condescended to the residue, yet for that they were so farre off for the demand of Burgognie, the ladie Alanson returned at last into France, without winning anie other grace, than a fauour to sée the king hir brother; who growing more and more into distrust of his deliuerie, desired hir at hir departing to admonish his mother,The French king is care|full ouer the crowned France. and all the councell from him, to looke carefullie to the profit of the crowne of France, without hauing anie consideration of him, as if he liued not. But notwithstanding the depar|ture of the ladie Alanson, the sollicitations for the kings deliuerie did not ceasse, for that there remai|ned behind the president of Paris, and the bishops of Ambrum and Tarbe, who had till then followed the negociation but with verie little hope, sith the em|perour would not harken to anie condition, if first Burgognie were not rendred, which the king would not be brought to restore, but in a last necessitie.

After this infortunate accident of the French king insued manie troublesome and intricate mat|ters, Guic. 961 & dein [...]ps. The treatie of Madri [...]l touching the deliuerie of the French king. among which the case of the French king was descanted vpon, and a sollicitation of peace resolued, which conteined these couenants following. That betwéene the emperour and the French king should be a peace perpetuall, in which should be compre|hended all such as should be named by their com|mon consent. That the French king by the sixt daie of the next moneth of March, should be set at libertie vpon the marches in the coast of Fontarabie. That within six weeks after he should consigne to the em|perour the dutchie of Burgognie, the countie of Charrolois, the iurisdiction of Noiers, the castell Chainro, dependancies of the said dutchie, the vi|countie of Flussona, the resort of S. Laurence de la Roche, a dependant of Franch countie, togither with all the appurtenances as well of the said dut|chie as vicountie, all which for hereafter should be separate and exempted from the souereigntie of the realme of France. That at the same and verie in|stant that the king should be deliuered, there should be put into the emperours hands the Dolphin of France, and with him either the duke of Orleance the kings second sonne, or else twelue principall lords of France, whom the emperour did name.

It was left to the election of the ladie regent, ei|ther to deliuer the kings second sonne,What was left to the lad [...] regents elec|tion in this capitulation. or the twelue barons, and they to remaine as hostages vntill resti|tution were made of the lands and places aforesaid, and the peace sworne and ratified, togither with all the articles by the estates generall of France, and inregistred in all the courts of parlement of the kingdome with forme and solemnities necessarie. For the accomplishing wherof, there was set downe a terme of foure moneths: at which time returning the hostages, there should be put into the emperors hands the duke de Angolesme the kings third son, to the end to traine him vp with the emperour, the bet|ter to interteine and assure the peace. That the French king should renounce and giue vp to the em|perour all his rights to the realme of Naples, togi|ther with all such titles and preeminences as were to come to him by the inuestiture of the church. That he should doo the like touching his interest in the state of Millaine, of Genes, of As [...], and likewise of Ar|ras, Tourneie, of the Ile, and of Dowaie. That he should render vp the towne and castell of Hedin as a member of the countie of Artois, with all the muni|tions, artilleries, and mooueables that were in it when it was last taken. That he should disclaime and yeeld vp all souereigntie in Flanders and Ar|tois, and all other places or péeces which the empe|rour possessed.