Marriage contract no. 228: Brandenburg-Ansbach-Kulmbach - Sachsen

Contract content

Article 1: Marriage agreed, Saxon councillors mentioned as witnesses, marriage and consummation mentioned on August 25, 1533 at Freiberg Castle

Article 2: Dowry guaranteed according to Saxon custom, set at 10,000 guilders; if sovereignty over all Saxon territories should fall to the bride’s father: payment of a further 10,000 guilders within one year of the inheritance

Article 3: donatio propter nuptias, maintenance, and morning gift regulated: Castle, town, and office of Bayreuth or Jägerndorf with all appurtenances and offices awarded as morning gift (also as widow’s dower) after prior inspection, 3,000 guilders annual maintenance guaranteed, rights of use, hunting rights, etc. regulated, regulations regarding the appointment of officials and duties of loyalty of local subjects

Article 4: dower awarded, furnishings and property rights regulated; widow’s dower and Leibgedinge may neither be sold nor pledged; allowance to the dowry in the event of inheritance as described in Article 2 guaranteed

Article 5: Provisions for the appointment of officials on the dower; payment, homage, and duty of service to Emilie regulated

Article 6: If the bride dies before the groom, regardless of whether there are children from the marriage or not: the groom receives the right of disposal over the bride’s possessions (clothes, jewelry, ornaments), the groom and daughters inherit the clothes

Article 7: After the death of the bride, the groom receives lifelong right of disposal over the dowry

Article 8: After the death of the bride and groom, the dowry reverts to the Saxon line

Article 9: If the groom dies before the bride, regardless of whether there are children from the marriage or not: The bride receives the right of disposal over her dowry, donatio propter nuptias, morning gift, clothes, jewelry, gifts, etc., maintenance of the widow and her servants until she receives her widow’s dower; from the time she receives her widow’s dower: right of use of the income from the widow’s dower and interest-bearing funds invested therein; Fief rights relating to knightly and ecclesiastical fiefs on the widow’s estate are reserved for Georg’s heirs.

Article 10: Opening of the dower to others without the permission of the groom or his heirs is excluded.

Article 11: Georg’s descendants and heirs are obliged to protect the dower and Emilie’s rights of use thereof.

Article 12: The bride is exempt from all past and future debts of the groom and his family.

Article 13: Any debts of the bride must be paid by her heirs.

Article 14: If the bride remarries after the death of the groom, the heirs from the first marriage shall receive full control over the dower, donatio propter nuptias, the marriage property, and the morning gift, in return for payment of a redemption fee of 30,000 to 40,000 guilders, payment to be arranged.

Article 15: Transfer of the widow’s dower may only take place after payment has been made

Article 16: If the groom and bride die without leaving any heirs, the groom’s next heirs inherit 17,000 guilders of the 20,000 guilders of the donatio propter nuptias, and the remaining 3,000 guilders, which are attributed to the morning gift, are bequeathed according to the bride’s will.

Article 17: Inheritance of the dowry regulated according to applicable state and customary law; if no corresponding regulation exists: reversion to Saxony, payment period set at one year.

Article 18: If there are heirs, inheritance according to the ancestral contract of the Margraves of Brandenburg.

Article 19: The bride’s renunciation of all paternal, maternal, and fraternal inheritance is regulated, unless all male heirs of this line die.

Article 20: If the groom and bride die and there are no heirs, the groom’s next heirs inherit 17,000 guilders of the 20,000 guilders of the donatio propter nuptias; the 3,000 guilders of the morning gift are inherited according to the bride’s wishes; Prescription and insurance are necessary; otherwise, inheritance according to land and customary law; otherwise, inheritance to the Saxon line: payment period 1 year.

Article 21: If there are heirs: inheritance according to the ancestral contract.

Article 22: Renunciation of inheritance by the bride to all paternal, maternal, and fraternal inheritance, unless all male heirs from this line die

Article 23: Confirmation and affirmation of the marriage contract, compliance with the contract assured

Article 24: Witnesses named

Regulations on inheritance law

Article 6: If the bride dies before the groom, regardless of whether there are children from the marriage or not: the groom receives the right of disposal over the bride’s possessions (clothes, jewelry, ornaments), the groom and daughters inherit the clothes

Article 7: After the death of the bride, the groom receives lifelong right of disposal over the dowry

Article 8: After the death of the bride and groom, the dowry reverts to the Saxon line

Article 16: If the groom and bride die without leaving any heirs, the groom’s next heirs inherit 17,000 guilders of the 20,000 guilders of the donatio propter nuptias, and the remaining 3,000 guilders, which are attributed to the morning gift, are bequeathed according to the bride’s will.

Article 17: Inheritance of the dowry regulated according to applicable state and customary law; if no corresponding regulation exists: reversion to Saxony, payment period set at one year

Article 18: If there are heirs, inheritance according to the ancestral contract of the Margraves of Brandenburg

Article 19: Renunciation of inheritance by the bride of all paternal, maternal, and fraternal inheritance, unless all male heirs of this line die.

Article 20: If the groom and bride die and there are no heirs, the groom’s next heirs inherit 17,000 guilders of the 20,000 guilders of the donatio propter nuptias; the 3,000 guilders of the morning gift are inherited according to the bride’s wishes; Prescription and insurance are necessary; otherwise, inheritance according to land and customary law; otherwise, inheritance to the Saxon line: payment period 1 year.

Article 21: If there are heirs: inheritance according to the ancestral contract.

Article 22: Renunciation of inheritance by the bride to all paternal, maternal, and fraternal inheritance, unless all male heirs from this line die.

Commentary

The original contract does not have numbered articles.

Registered contract dated August 28, 1533.

References

• Archive copy: HStA Drd, 10001 O.U. 10700
• Contract language archive copy: German

Recommended citation

Dynastische Eheverträge der frühen Neuzeit. Contract No. 228. Philipps University of Marburg. Available online at https://dynastische-ehevertraege.online.uni-marburg.de/en/vertraege/228.html.

@misc{ Dynastische Ehevertr{“a}ge der fr{”u}hen Neuzeit, 
title = {Dynastische Ehevertr{“a}ge der fr{”u}hen Neuzeit: Contract No. 228},
 url = {https://dynastische-ehevertraege.online.uni-marburg.de/en/vertraege/228.html}
}