Marriage contract no. 229: Pfalz - Sachsen

Contract content

Article 1: Marriage agreed

Article 2: Repetition of the agreement on marriage, setting the date for the wedding and consummation of the marriage on May 31, 1570

Article 3: Dowry set at 30,000 talers or the equivalent of 34,000 guilders, amount to be paid after consummation of the marriage, payment to be made against receipt, trousseau or bride price to be provided in the form of jewelry, precious items, silverware, clothing, etc.

Article 4: After consummation of the marriage, a morning gift of 8,000 guilders shall be paid, 400 guilders in annual pensions guaranteed, payment arranged

Article 5: The donatio propter nuptias shall be supplemented with 34,000 guilders, investment of the total sum of 68,000 guilders in properties designated by the Palatinate, which shall also serve as a widow’s dower; designation of the castles, towns, and offices of Neuburg vorm Wald, Schwarzenburg, Retz, Waldmünchen, and Dreswitz, together with the associated villages, rights of authority, interest and annuities of 6,800 guilders annually, corvée labor and hunting rights, etc.

Article 6: Regulation of the remuneration of officials on the Leibgeding estates; the bride may choose the officials herself, provided she assumes their remuneration

Article 7: Homage by the officials and subjects on Leibgeding estates is guaranteed; after the death of Johann Kasimir and Elisabeth: transfer of sovereign rights to Saxony in the event of default, i.e., until the dowry is repaid by Johann Kasimir’s descendants.

Article 8: The bride’s rights of authority on the Leibgeding estates are regulated as is customary for the Counts Palatine.

Article 9: The Counts Palatine and their heirs retain the right to open the widow’s estates in times of need, but this must not result in any restrictions on Elisabeth’s use of the estates.

Article 10: Inspection of the widow’s property by the Saxon side is regulated; it is mentioned that this has already taken place; it is determined that the designated Leibgeding property does not yield the agreed 6,800 guilders per year, but only 4,300 guilders; compensation for the shortfall is regulated by the Palatinate side in the form of further property transfers.

Article 11: If the residential buildings on the dower estates do not correspond to the bride’s status: structural adjustments promised by the Counts Palatine

Article 12: Protection of the widow’s estates also promised by the heirs of the Counts Palatine

Article 13: When the widow takes possession of the widow’s property, she shall respect and maintain the rights and freedoms of the subjects in their current form.

Article 14: Opening of the dower without the knowledge and permission of the Palatinate counts is prohibited.

Article 15: The bride renounces her inheritance and that of her heirs to all paternal and future inheritance of the House of Saxony; in the event that her father remains without male heirs and all male heirs of the House of Saxony die, the inheritance rights of Elizabeth and her descendants shall be reinstated.

Article 16: If the bride dies without heirs, the groom shall receive lifelong rights of use over the 34,000 guilders of marriageable property or dowry.

Article 17: If the bride and groom die without physical heirs: the 34,000 guilders of marriage property or dowry shall revert to Saxony; payment shall be regulated as follows: until the sum has been paid, the Saxon side shall receive 3,400 guilders annually from the widow’s estates

Article 18: Obligation of the officials and subjects to provide the sum of 3,400 guilders annually from the widow’s estates on the Saxon side until the dowry has been repaid in full; during this time: exemption from their feudal obligations to the Counts Palatine

Article 19: Investment of the 34,000 guilders in the city of Nuremberg; Bequest of the 8,000 guilders morning gift and 400 guilders annual interest to Johann Kasimir, unless Elisabeth leaves other testamentary provisions.

Article 20: After the death of the bride, Johann Kasimir receives the lifelong right of use of the Trousseau ; Elisabeth leaves no other testamentary provisions; after his death, it reverts to the Saxon side.

Article 21: If children are born from the marriage but die without heirs themselves: Reversion of marriage property or dowry and other sums of money brought into the marriage agreed; however, if there are children, they shall inherit the marriage property and dowry.

Article 22: Upon the death of Johann Kasimir: Guardianship of joint children regulated; Elisabeth receives the right to immediately make use of her dower, her sovereign and usage rights there, and the annual income of 6,800 guilders upon his death; the widow’s estate must be in an appropriate structural condition and free of debt at that time, for life, unless she remarries.

Article 23: Provision for Elisabeth in accordance with her status at the widow’s residence guaranteed by Johann Kasimir’s heirs

Article 24: After the death of Johann Kasimir, Elisabeth receives the right of disposal and ownership of the Trousseau

Article 25: If the bride remarries after the death of the groom: redemption of the dower in exchange for the payment of the marriage settlement or dowry and morning gift, etc.; continued payment of the annual widow’s income; after her death, these sums shall accrue to the existing heirs from her first marriage to Johann Kasimir.

Article 26: If the bride has further biological children in her second marriage, the children from the first and second marriages shall inherit the 34,000 guilders of marriageable property or dowry and other assets of Elisabeth in equal shares

Article 27: Transfer of the widow’s dower after payment to the widow is regulated

Article 28: If the groom dies before the bride and there are no biological heirs from the marriage: receipt of the widow’s dower is regulated; after her death without biological heirs: the dowry reverts to the Saxon side and the donatio propter nuptias to the Palatinate side

Article 29: Elisabeth is exempt from liability for any debts of Johann Kasimir; the Palatinate side may not make any claims to the morning gift, the widow’s dower, or the dowry as long as the bride is alive

Article 30: If one of the spouses dies before consummation of the marriage, the contract is void

Article 30: Compliance guaranteed, signing and sealing regulated

Regulations on succession to the throne

Article 22: In the event of the death of Johann Kasimir, guardianship of joint children is regulated.

Regulations on inheritance law

Article 15: Renunciation of inheritance by the bride for herself and her heirs to all paternal and future inheritance of the House of Saxony; in the event that her father remains without male heirs and all male heirs of the House of Saxony die, the inheritance rights of Elizabeth and her descendants shall be reinstated.

Article 16: If the bride dies without heirs, the groom shall receive lifelong rights of use over the 34,000 guilders of marriageable property or dowry.

Article 17: If the bride and groom die without physical heirs: the 34,000 guilders of marriage property or dowry shall revert to Saxony; payment shall be regulated as follows: until the sum has been paid, the Saxon side shall receive 3,400 guilders annually from the widow’s estates

Article 19: Investment of the 34,000 guilders in the city of Nuremberg; inheritance of the 8,000 guilders morning gift and 400 guilders annual interest to Johann Kasimir, unless Elisabeth leaves other testamentary provisions

Article 20: After the death of the bride, Johann Kasimir receives the lifelong right of use of the Trousseau ; Elisabeth leaves no other testamentary provision; after his death, it reverts to the Saxon side.

Article 21: If legitimate heirs arise from the marriage but die without heirs themselves: reversion of the marriage property or dowry and other sums of money brought into the marriage is agreed; however, if there are legitimate heirs, they shall inherit the marriage property and the dowry

Article 25: If the bride remarries after the death of the groom: redemption of the life estate in return for payment of the marriage property or dowry and morning gift, etc.; further payment of the annual widow’s income; after her death, these sums shall pass to any legitimate heirs from her first marriage to Johann Kasimir

Article 26: If the bride has further biological children in her second marriage, the children from the first and second marriages shall inherit the 34,000 guilders of marriageable property or dowry and other assets of Elisabeth in equal shares

Article 28: If the groom dies before the bride and there are no biological heirs from the marriage: receipt of the widow’s dower is regulated; after her death without biological heirs: the dowry reverts to the Saxon side and the donatio propter nuptias to the Palatinate side

Commentary

The original contract does not have numbered articles.

Literature

Böttcher 2018

References

• Archive copy: HStA Drd, 10001 O.U. 11856
• Contract language archive copy: German

Recommended citation

Dynastische Eheverträge der frühen Neuzeit. Contract No. 229. Philipps University of Marburg. Available online at https://dynastische-ehevertraege.online.uni-marburg.de/en/vertraege/229.html.

@misc{ Dynastische Ehevertr{“a}ge der fr{”u}hen Neuzeit, 
title = {Dynastische Ehevertr{“a}ge der fr{”u}hen Neuzeit: Contract No. 229},
 url = {https://dynastische-ehevertraege.online.uni-marburg.de/en/vertraege/229.html}
}