Marriage contract no. 232: Österreich - Österreich-Tirol

Contract content

Marriage in honour of God, to strengthen the friendship between the two lines, for the prestige of the House of Habsburg; dispensation has been granted (7-8)

Marriage agreed, also with the consent of the bride’s mother (8-9)

Dowry set at 60,000 Rhenish guilders from the father’s estate; payment to be made within two years of consummation of the marriage; in accordance with the custom of the House of Habsburg, the bride is to renounce all succession rights, this renunciation to be ratified by the groom (9-10)

The donatio propter nuptias is also set at 60,000 Rhenish guilders; the morning gift is set at 25,000 guilders; the groom intends to deposit these 145,000 guilders (donatio propter nuptias, dowry and morning gift) with the salt office in Gmunden; as security, they are also to be deposited with all other salt offices and Bohemia and Lower Austria; the sum is to bear interest at 5%; should the aforementioned revenues prove insufficient, the groom intends to replace them with other income from the austrian hereditary lands, but authority and jurisdiction remain reserved to him and his heirs in any case (10-12)

A dower deed is to be drawn up; Officials and subjects of the widow’s estate shall be obedient to the bride and, should she die before the groom, to her heirs (12)

Should the aforementioned salt revenues no longer be available, the groom shall provide other goods on which the donatio propter nuptias, dowry and dowry shall be placed (12-13)

If the groom dies before the bride: the bride shall receive the dowry and morning gift at her free disposal, regardless of whether there are children; the donatio propter nuptias, however, shall remain at 5% interest until her death; Linz Castle is designated as the widow’s residence and shall be suitably furnished in this case; the furniture there shall remain the bride’s property until her death; after her death, if there are no children, it shall pass to the Austria-Tyrol line (13-15)

The widow’s pension is set at 30,000 Rhenish guilders per annum (15)

Apart from the aforementioned interest and widow’s pension, the bride shall retain possession of her clothes, jewellery, money, silverware and other possessions, independently of the groom’s heirs (15-16)

If the bride dies before the groom: If there are children: The children and all of the bride’s possessions shall remain in the care of the groom; If there are no children: The bride’s possessions shall fall to the Austria-Tyrol line. In this case, an inventory of her possessions shall be drawn up within one year. The dowry, however, shall remain with the groom until his death and only then shall it fall back to the Austria-Tyrol line (16-17)

The groom swears to abide by the marriage contract and the prescriptions to be drawn up; signed by the groom and the bride’s brother (17-18)

Signed and sealed by Ferdinand IV (son of Ferdinand III), Leopold Wilhelm (brother of Ferdinand III), Ferdinand III, Sigmund Franz (brother of Maria Leopoldina) and Maria Leopoldina (19)

Regulations on inheritance law

If the groom dies before the bride: the bride shall receive the dowry and morning gift at her free disposal, regardless of whether there are children; the donatio propter nuptias, however, shall remain at 5% interest until her death; Linz Castle is designated as the widow’s residence and shall be suitably furnished in this case; the furniture there shall remain the bride’s property until her death; after her death, if there are no children, it shall pass to the Austria-Tyrol line (13-15)

If the bride dies before the groom: If there are children: The children and all of the bride’s possessions shall remain in the care of the groom; If there are no children: The bride’s possessions shall fall to the Austria-Tyrol line. In this case, an inventory of her possessions shall be drawn up within one year. The dowry, however, shall remain with the groom until his death and only then shall it fall back to the Austria-Tyrol line (16-17)

External authorities involved

Pope: dispensation has been granted

Ratifications, confirmations, approvals

The groom swears to abide by the marriage contract and the prescriptions to be drawn up; signed by the groom and the bride’s brother (17-18)

Signed and sealed by Ferdinand IV (son of Ferdinand III), Leopold Wilhelm (brother of Ferdinand III), Ferdinand III, Sigmund Franz (brother of Maria Leopoldina) and Maria Leopoldina (19)

Further contracts between contracting parties

Renunciation of inheritance by the bride dated 2 August 1648 (AT-OeStA/HHStA UR FUK 1684)

Commentary

Page numbers according to digitised version.

References

• Archive copy: AT-OeStA/HHStA UR FUK 1683
• Contract language archive copy: German
• Digitized archive copy: https://www.archivinformationssystem.at/detail.aspx?ID=589786

Recommended citation

Dynastische Eheverträge der frühen Neuzeit. Contract No. 232. Philipps University of Marburg. Available online at https://dynastische-ehevertraege.online.uni-marburg.de/en/vertraege/232.html.

@misc{ Dynastische Ehevertr{“a}ge der fr{”u}hen Neuzeit, 
title = {Dynastische Ehevertr{“a}ge der fr{”u}hen Neuzeit: Contract No. 232},
 url = {https://dynastische-ehevertraege.online.uni-marburg.de/en/vertraege/232.html}
}