Marriage contract no. 199: Münsterberg-Oels - Sachsen-Altenburg

Contract content

Article 1: Marriage agreed, consummation agreed in Oels, at the expense of Duke Karl Friedrich, reasonable maintenance for the bride guaranteed, practice of the Augsburg Confession guaranteed, in the event of Karl Friedrich’s premature death, Anna Sophia has the right to employ a Lutheran preacher at the expense of his heirs, any children from the marriage are to be raised Lutheran

Article 2: Dowry set at 20,000 guilders, payment regulated, bride price regulated, morning gift set: jewellery worth 3,000 guilders, a further 3,000 guilders as a monetary gift, assurance of annual payment of 150 guilders, ownership and right of use regulated

Article 3: Anna Sophia’s hand money during the marriage regulated, as an annual payment ending upon Karl Friedrich’s death

Article 4: Reversion and, if applicable, redemption of the morning gift in the event of Anna Sophia’s death regulated

Article 5: Counter-payment or donation propter nuptias in the amount of 20,000 guilders guaranteed, Anna Sophia’s right of use of Karl Friedrich’s designated assets regulated (as life estate or widow’s estate), so that she receives an annual income of 4,150 guilders, Anna Sophia’s exclusion from liability for any debts of her husband stipulated

Article 6: if the sum specified in Article 5 cannot be obtained from the designated assets, Karl Friedrich or his descendants are obliged to supplement and compensate; in the event of loss of the widow’s residence, appropriate compensation must be provided

Article 7: Sovereignty and tax rights on Anna Sophia’s chamber and widow’s property regulated

Article 8: Anna Sophia’s right to confer and fill offices on her widow’s property is regulated, appointed pastors are obliged to adhere to the Augsburg Confession, and the provision of food for her household is regulated.

Article 9: Use of the widow’s property is granted from Karl Friedrich’s death onwards.

Article 10: Obligation of Karl Friedrich’s heirs to protect and defend the widow’s property.

Article 11: Regulation of homage and recognition of Anna Sophia as authority by nobility and subjects on the widow’s estates

Articles 12-13: Regulation of the trousseau and provisioning of the widow’s residence by Karl Friedrich’s heirs

Article 14: Regulation of the widow’s rights of use

Articles 15-16: Anna Sophia is exempt from liability for debts incurred by Karl Friedrich during the marriage; in return, she shall not make any claims on his property beyond the allocated widow’s estates after his death

Article 16: Karl Friedrich’s bequests beyond the allocated widow’s estates may not be refused to Anna Sophia after his death

Article 17: Provision of silver tableware for the widow’s residence regulated

Article 18: Anna Sophia’s renunciation of her paternal and maternal inheritance in return for a dowry regulated

Article 19: In the event of Anna Sophia’s death before Karl Friedrich: if there are no heirs, he shall receive the right to use the dowry for life; upon his death: inheritance of her movable property and dowry to Johann Philipp of Saxe-Altenburg or Karl Friedrich’s heirs

Article 20: Security for Johann Philipp’s inheritance claims

Article 21: In the event of Karl Friedrich’s death: Anna Sophia’s claims to lifelong use of the widow’s estate and to its protection

Article 22: In the event of Anna Sophia remarrying after Karl Friedrich’s death: redemption of the widow’s estate by his heirs regulated, ownership rights to her movable property remain in place

Articles 23-24: Interest on the donation propter nuptias and morning gift regulated

Article 25: Inventory and joint ownership of wedding gifts regulated

Article 26: Inheritance of the spouses’ property in the absence of joint children and in the absence of special testamentary provisions

Articles 27-28: Anna Sophia is not liable for debts incurred during the marriage; if, on the other hand, she incurs debts as a widow, Karl Friedrich’s heirs are exempt from liability for debts

Article 29: Distribution of Anna Sophia’s estate among children from her marriage to Karl Friedrich and any children from a subsequent marriage

Article 30: In the event of Anna Sophia’s death after consummation of the marriage but before payment of the dowry: full validity of the mutual payment obligations of the contracting parties

Article 31: Mutual personal promise of marriage between Karl Friedrich and Anna Sophia declared

Article 32: In the event of the death of one of the spouses before consummation of the marriage: cancellation of the contract

Article 33: Mutual compliance guaranteed

Article 34: Notarisation

Article 35: Consent of Duke Heinrich Wenzel of Münsterberg expressed

Appendix: Extensive princely Münsterberg dowry agreement

Confessional regulations

Article 1: Marriage agreed, consummation agreed in Oels, at the expense of Duke Karl Friedrich, reasonable maintenance for the bride guaranteed, practice of the Augsburg Confession guaranteed, in the event of Karl Friedrich’s premature death, Anna Sophia has the right to employ a Lutheran preacher at the expense of his heirs, any children from the marriage are to be raised Lutheran

Article 8: Anna Sophia’s right to confer and fill offices on her widow’s property is regulated, appointed pastors are obliged to adhere to the Augsburg Confession, and the provision of food for her household is regulated.

Regulations on inheritance law

Article 18: Anna Sophia’s renunciation of her paternal and maternal inheritance in return for a dowry regulated

Article 19: In the event of Anna Sophia’s death before Karl Friedrich: if there are no heirs, he shall receive the right to use the dowry for life; upon his death: inheritance of her movable property and dowry to Johann Philipp of Saxe-Altenburg or Karl Friedrich’s heirs

Article 20: Security for Johann Philipp’s inheritance claims

Article 26: Inheritance of the spouses’ property in the absence of joint children and in the absence of special testamentary provisions

External authorities involved

Appendix: extensive list of the Münsterberg princely dower

Commentary

Karl Friedrich: last Duke of Münsterberg-Oels, only one other brother alive in 1618 – arranged by Elector Johann Georg I of Saxony, as guardian of Johann Philipp of Saxony-Altenburg, against the opposition of Anna Sophia’s mother.

The treaty itself is not divided into articles.

Literature

Knöfel 2009, pp. 297, 300 f.

References

• Print reference: Dumont 1726-1739, Bd. V:2, S. 317-321
• Contract language print: German
• Digitized print: https://gallica.bnf.fr/ark:/12148/bpt6k1263086r/f327.item

Recommended citation

Dynastische Eheverträge der frühen Neuzeit. Contract No. 199. Philipps University of Marburg. Available online at https://dynastische-ehevertraege.online.uni-marburg.de/en/vertraege/199.html.

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title = {Dynastische Ehevertr{“a}ge der fr{”u}hen Neuzeit: Contract No. 199},
 url = {https://dynastische-ehevertraege.online.uni-marburg.de/en/vertraege/199.html}
}