Marriage contract no. 237: Sachsen-Coburg-Eisenach - Hessen

Contract content

Article 1 (fol. 2r-3r): Marriage agreed, consummation, dowry (25,000); money from the bride’s family totaling 30,000 talers; trousseau (as in the bride’s first marriage), gifts, and other property mentioned

Article 2 (fol. 3r): Morning gift

Article 3 (fol. 3r–4r): Widow’s property (rights of use, etc.); donatio propter nuptias (30,000); life estate (6,000); compensation for shortcomings

Article 4 (fol. 4r): Provisions regarding jurisdiction over the widow’s estate, exceptions and reservations on the part of the groom; the bride’s occupation of the other fiefs

Article 5 (fol. 4r–4v): No deductions from the 6,000 guilders for corvée labor, etc.

Article 6 (fol. 4v): Oath, etc., of the subjects on the widow’s estates; obedience

Article 7 (fol. 4v-5r): If the groom dies before the bride: supplies at the widow’s residence; the bride is not required to settle the groom’s debts; possibility of additional concessions

Article 8 (fol. 5r-5v): Renunciation of inheritance by the bride; the right of inheritance for the bride and her lineal heirs arises upon the extinction of her family’s male line; mention of the pactum confraternitatis between Saxony and Hesse

Article 9 (fol. 5v–7r): If the bride predeceases the groom and there are no joint lineal heirs: The groom receives the right to use the dowry (30,000) for life; upon the groom’s death: The sum passes to Anna, daughter of the bride and of Duke Moritz of Saxony, and her lineal heirs; if Anna has already died by the time of her mother’s death and has no lineal heirs: The sum and the trousseau revert to the House of Hesse; Options for the bride to distribute portions of her trousseau; repayment provisions

Article 10 (fol. 7r): If the bride predeceases the groom and there are joint lineal heirs: The trousseau, the dowry, and other property pass to the daughter from the first marriage and the lineal heirs from the second marriage

Article 11 (fol. 7r-7v): If the descendants of this marriage have no direct heirs and die during the lifetime of the bride or the married couple: The rules of inheritance shall apply as in the case where the bride and groom have no joint direct heirs; Inheritance (marriage property, dowry, etc.) to the bride’s daughter from her first marriage or her lineal heirs

Article 12 (fol. 7v–8r): If the bride dies and the bride’s daughter from her first marriage is not alive and has no lineal heirs: The dowry and trousseau pass to the bride’s father; Options for the bride to dispose of portions of the trousseau

Article 13 (fol. 8r-8v): If the bride dies and there are descendants from both marriages, and the daughter from the first marriage dies without direct descendants: The trousseau, the dowry, etc., pass to the descendants from the bride’s second marriage, unless the items were previously disposed of by the bride

Article 14 (fol. 8v–9r): If the bride dies and there are descendants from both her first and second marriages, but the descendants from her second marriage die during Anna’s lifetime: the inheritance (trousseau, dowry, etc.) passes to Anna

Article 15 (fol. 9r–9v): If the groom dies before the bride, whether or not they have children together: Use of the dower estate during widowhood; protection of the bride and the dower

Article 16 (fol. 9v): If the bride remarries after the groom’s death: Redemption of the personal estate possible for 60,000 guilders; payment terms; assignment

Article 17 (fol. 9v–10r): Further provisions regarding redemption; the bride’s lifelong ownership of the 60,000 guilders

Article 18 (fol. 10r): After redemption and upon the bride’s death: Inheritance passes to the descendants from the bride’s first and second marriages; upon their death, the inheritance passes to their lineal heirs; further inheritance provisions

Article 19 (fol. 10r): After the redemption and upon the bride’s death: The donatio propter nuptias (30,000) passes to the descendants of the groom and the bride

Article 20 (fol. 10r): After the redemption and upon the bride’s death: If the lineal heirs die, the donatio propter nuptias passes to their lineal heirs

Article 21 (fol. 10v): If there are no joint lineal heirs: The dowry (30,000) goes to the daughter from the bride’s first marriage or her lineal heirs; if there are none: The sum goes to the bride’s father or his heirs

Article 22 (fol. 10v): If there are no common lineal heirs: The donatio propter nuptias reverts to the heirs of the groom

Article 23 (fol. 10v–11v) Repayment provisions (dowry) if the bride and groom have no common lineal heirs

Article 24 (fol. 11v–13r): If the bride or groom dies before consummation: The marriage contract is invalid; compliance with the marriage contract is promised; Regulations regarding the donatio propter nuptias from her first marriage (rights of disposal, annual payments, provisions concerning the bride’s daughter and her heirs, and the brother of the first groom as the groom’s heir, etc.)

Article 25 (fol. 13r–13v): Consent of Augustus of Saxony (brother of the bride’s first fiancé); consent of the groom’s brothers; signatures

Regulations on inheritance law

Article 8 (fol. 5r-5v): Renunciation of inheritance by the bride; the right of inheritance for the bride and her lineal heirs arises upon the extinction of her family’s male line; mention of the pactum confraternitatis between Saxony and Hesse

Article 9 (fol. 5v–7r): If the bride predeceases the groom and there are no joint lineal heirs: The groom receives the right to use the dowry (30,000) for life; upon the groom’s death: The sum passes to Anna, daughter of the bride and of Duke Moritz of Saxony, and her lineal heirs; if Anna has already died by the time of her mother’s death and has no lineal heirs: The sum and the trousseau revert to the House of Hesse; Options for the bride to distribute portions of her trousseau; repayment provisions

Article 10 (fol. 7r): If the bride predeceases the groom and there are joint lineal heirs: The trousseau, the dowry, and other property pass to the daughter from the first marriage and the lineal heirs from the second marriage

Article 11 (fol. 7r-7v): If the descendants of this marriage have no direct heirs and die during the lifetime of the bride or the married couple: The rules of inheritance shall apply as in the case where the bride and groom have no joint direct heirs; Inheritance (marriage property, dowry, etc.) to the bride’s daughter from her first marriage or her lineal heirs

Article 12 (fol. 7v–8r): If the bride dies and the bride’s daughter from her first marriage is not alive and has no lineal heirs: The dowry and trousseau pass to the bride’s father; Options for the bride to dispose of portions of the trousseau

Article 13 (fol. 8r-8v): If the bride dies and there are descendants from both marriages, and the daughter from the first marriage dies without direct descendants: The trousseau, the dowry, etc., pass to the descendants from the bride’s second marriage, unless the items were previously disposed of by the bride

Article 14 (fol. 8v–9r): If the bride dies and there are descendants from both her first and second marriages, but the descendants from her second marriage die during Anna’s lifetime: the inheritance (trousseau, dowry, etc.) passes to Anna

Article 18 (fol. 10r): After redemption and upon the bride’s death: Inheritance passes to the descendants from the bride’s first and second marriages; upon their death, the inheritance passes to their lineal heirs; further inheritance provisions

Article 19 (fol. 10r): After the redemption and upon the bride’s death: The donatio propter nuptias (30,000) passes to the descendants of the groom and the bride

Article 20 (fol. 10r): After the redemption and upon the bride’s death: If the lineal heirs die, the donatio propter nuptias passes to their lineal heirs

Article 21 (fol. 10v): If there are no joint lineal heirs: The dowry (30,000) goes to the daughter from the bride’s first marriage or her lineal heirs; if there are none: The sum goes to the bride’s father or his heirs

Article 22 (fol. 10v): If there are no common lineal heirs: The donatio propter nuptias reverts to the heirs of the groom

Article 23 (fol. 10v–11v) Repayment provisions (dowry) if the bride and groom have no common lineal heirs

Article 24 (fol. 11v–13r): If the bride or groom dies before consummation: The marriage contract is invalid; compliance with the marriage contract is promised; Regulations regarding the donatio propter nuptias from her first marriage (rights of disposal, annual payments, provisions concerning the bride’s daughter and her heirs, and the brother of the first groom as the groom’s heir, etc.)

External authorities involved

Article 25 (fol. 13r–13v): Consent of Augustus of Saxony (brother of the bride’s first fiancé); consent of the groom’s brothers; signatures

Ratifications, confirmations, approvals

Article 25 (fol. 13r–13v): Consent of Augustus of Saxony (brother of the bride’s first fiancé); consent of the groom’s brothers; signatures

Text reference to past events

The bride’s first marriage to Moritz of Saxony (see Contract No. 234 in this database): Article 1 (fol. 2r–3r): trousseau (as in the bride’s first marriage); Article 24 (fol. 11v–13r): Provisions regarding the bride’s donatio propter nuptias from her first marriage

Commentary

The information regarding the contract’s contents is based on a concept for the contract.

Contract pages are bound and numbered

Contract articles are not numbered in the original

The digitized copy is partially damaged and illegible

References

• Archive copy: HStAM Urk. 1 Nr. 1842
• Contract language archive copy: German
• Digitized archive copy: https://arcinsys.hessen.de/arcinsys/detailAction.action?detailid=v6087979&icomefrom=search

Recommended citation

Dynastische Eheverträge der frühen Neuzeit. Contract No. 237. Philipps University of Marburg. Available online at https://dynastische-ehevertraege.online.uni-marburg.de/en/vertraege/237.html.

@misc{ Dynastische Ehevertr{“a}ge der fr{”u}hen Neuzeit, 
title = {Dynastische Ehevertr{“a}ge der fr{”u}hen Neuzeit: Contract No. 237},
 url = {https://dynastische-ehevertraege.online.uni-marburg.de/en/vertraege/237.html}
}