Marriage contract no. 233: Sachsen-Lauenburg - Sachsen

Contract content

Article 1: Marriage decided upon to preserve peace, consent of the councils and confidants of both princes expressed, consent of Dukes Heinrich and Albrecht of Mecklenburg expressed

Article 2: Marriage agreed upon once again, consent of the bride and groom mentioned

Article 3: Transfer of the bride on a date yet to be determined between the conclusion of the contract and St. Martin’s Day

Article 4: Dowry set at 10,000 guilders: half to be paid in guilders, the other half in Saxon currency; mayor and council of the city of Freiberg named as guarantors, payment agreed within one year

Article 5: If the sovereignty over Duke George of Saxony’s territories should fall to his brother or the bride’s father, Henry the Pious, or his heirs: increase in the dowry by a further 10,000 guilders

Article 6: Trousseau of the bride in accordance with her social status

Article 7: As donatio propter nuptias, maintenance, and morning gift, the bride shall receive the castles, towns, and offices of Neuhaus and Lauenburg, plus (twice?) 2,000 guilders annually, which shall be generated from these estates, corvée labor, rights of use, and provision of the two seats with necessary goods

Article 8: If Lauenburg does not generate the 2,000 guilders of annual income, the difference shall be reimbursed so that no financial burden is placed on the officials and subjects contrary to their rights and freedoms

Article 9: Furnishings, household goods, and supplies for the princely residences on the dower estates are regulated; waiver of the pledging, sale, or mortgaging of these properties designated as dower is guaranteed.

Article 10: If the case described in Article 5 occurs and Duke Heinrich increases the dowry by 10,000 guilders, the bride’s income shall also be increased by an additional 2,000 guilders annually.

Article 11: At the time of the conclusion of the contract, Neuhaus Castle and Office are still part of the dower of the groom’s mother: if Duke Franz dies before his mother, Duchess Katharina, Sybille shall therefore initially receive Lauenburg Castle, town, and office as her dower; if Katharina also dies, Sybille shall receive Neuhaus and must cede Lauenburg; if Neuhaus does not provide the specified maintenance sum, reimbursement of the difference shall be due.

Article 12: In return for the payment of the dowry, the officials, bailiffs, and subjects on the bride’s dower estates shall pay homage to her and be bound to her in loyalty after the death of Duke Franz.

Article 13: Ownership rights and inheritance of the Trousseau are regulated: if the bride dies before the groom and, regardless of whether there are any biological heirs, her property (Trousseau ) shall either go to one of her heirs alone or be divided; the groom and daughters shall inherit a portion of her clothes and jewelry, provided these have not already been given away during her lifetime; if the groom has died and there are no daughters, this portion of the inheritance shall pass to the bride’s mother.

Article 14: If, upon the death of both spouses, there are no heirs, the inheritance of the marriage money and the marriage assets shall be in accordance with Saxon law.

Article 15: If Franz dies before Sybille and there are no biological heirs from the marriage, she shall have full rights of ownership and use of the property she brought into the marriage, as well as the clothes, jewelry, and household goods given to the couple by Duke Heinrich.

Article 16: If there are no heirs, Sybille shall have unrestricted access to the marital property.

Article 17: Maintenance of the court servants on the dower estates shall be regulated by the father and heirs of the groom until the dower provides sufficient maintenance.

Article 18: The transfer of the dower and the bride’s lifelong rights of use thereof are regulated; the granting of fiefs, toll revenues, and opening are reserved for Duke Magnus and Duke Franz’s heirs, but the opening of the dower estates may not be to the detriment of Sybille.

Article 20: The opening or granting of the dower without the consent of Duke Magnus and Duke Franz’s heirs is excluded.

Article 21: Maintenance of the widow’s residence is regulated

Article 22: Protection and guardianship of the dowry and the donatio propter nuptias and of Sybille’s rights thereto are guaranteed by Duke Magnus and Duke Franz’s heirs

Article 23: Compensation is regulated in the event that Sybille is unable to use parts of the dower in accordance with the contract

Article 22: Debts incurred by both parties during the marriage must be paid by Duke Magnus and Duke Franz’s heirs; Sybille is exempt from liability for Franz’s debts

Article 23: After consummation of the marriage, 200 guilders are to be paid annually to the bride as a morning gift for life

Article 24: If Sybille remarries after Franz’s death, regardless of whether she has biological children or not, she shall receive the dowry, half of the donatio propter nuptias, half of her promised annual income, and her other rights to the dower shall remain intact

Article 25: Renunciation of inheritance by the bride, with the consent of the groom, of all paternal, maternal, and fraternal inheritance

Article 26: Sybille’s inheritance according to the custom of the House of Saxony shall, however, take effect if the male line of her family dies out

Article 26: Imperial confirmation of the dower secured by Duke Magnus

Articles 27-28: Compliance with the marriage contract secured by both parties and all heirs

Regulations on inheritance law

Article 5: If the sovereignty over Duke George of Saxony’s territories should pass to his brother or the bride’s father, Henry the Pious, or his heirs: increase in the dowry by a further 10,000 guilders

Article 13: Ownership rights and inheritance of the Trousseau regulated: if the bride dies before the groom and, regardless of whether there are biological heirs or not, her property (Trousseau ) shall either fall to one of her heirs alone or be divided; the groom and daughters shall inherit a portion of her clothes and jewelry, provided these have not already been given away during her lifetime; if the groom has died and there are no daughters, this portion of the inheritance shall pass to the bride’s mother

Article 14: If, upon the death of both spouses, there are no heirs, the inheritance of the marriage money and the marriage assets shall be in accordance with Saxon law.

Article 25: Renunciation of inheritance by the bride, with the consent of the groom, to all paternal, maternal, and fraternal inheritance.

Article 26: However, Sybille’s inheritance according to the custom of the House of Saxony shall take effect if the male line of her family dies out.

External authorities involved

Article 1: […] Consent of Dukes Heinrich and Albrecht of Mecklenburg expressed;

Article 26: Imperial confirmation of the widow’s dower secured by Duke Magnus

Ratifications, confirmations, approvals

Article 1: […] Consent of the councils and confidants of both princes expressed; consent of Dukes Heinrich and Albrecht of Mecklenburg expressed

Commentary

The original treaty does not have numbered articles.

References

• Archive copy: HStA Drd 10001 O.U. 10880
• Contract language archive copy: German

Recommended citation

Dynastische Eheverträge der frühen Neuzeit. Contract No. 233. Philipps University of Marburg. Available online at https://dynastische-ehevertraege.online.uni-marburg.de/en/vertraege/233.html.

@misc{ Dynastische Ehevertr{“a}ge der fr{”u}hen Neuzeit, 
title = {Dynastische Ehevertr{“a}ge der fr{”u}hen Neuzeit: Contract No. 233},
 url = {https://dynastische-ehevertraege.online.uni-marburg.de/en/vertraege/233.html}
}