Marriage contract no. 241: Österreich - Bayern

Contract content

Preamble (fol. 1r-4r): Marriage proposal by Joseph and his parents, Emperor Francis I and Empress Maria Theresa, announced; dowry, donation propter nuptias, morning gift, widow’s residence, widow’s pension, etc. named as subjects of negotiation, authorised negotiators for both parties named

Article 1: (fol. 4r-4v): Marriage agreed, Maria Josepha’s consent expressed, engagement announced, papal dispensation obtained due to the degree of kinship between the bride and groom

Article 2 (fol. 4v-5r): Dowry or marriage settlement set at 30,000 ducats, payment to be made in Vienna in two instalments, receipt guaranteed, bride’s trousseau or dowry appropriate to her status arranged

Article 3 (5r-5v): In return for the dowry: Maria Josepha formally renounces her maternal, fraternal and paternal inheritance for herself and her heirs, in accordance with Bavarian custom; exception in the event of the extinction of the House of Bavaria in the male line regulated.

Article 4 (fol. 5v-6r): A donation propter nuptias of 30,000 ducats and a morning gift of 10,000 ducats are guaranteed, resulting in a total sum of 70,000 ducats; investments in Bohemia and Upper and Lower Austria are regulated, a widow’s dower is mentioned, the bride’s maintenance during the marriage is set at 30,000 guilders per annum, rights of disposal and payment are regulated

Article 5 (fol. 6v-7v): If Joseph dies before Maria Josepha, she shall receive rights of disposal and ownership over the dowry, the property she brought into the marriage, which is to be recorded in an inventory, and property awarded to her in Joseph’s will or acquired by her during the marriage; in addition: use of the donation propter nuptias and morning gift guaranteed; interest on the total sum at five per cent and annual interest payments to the widow are regulated; ownership of Austrian household jewels that were left to her remains with the House of Habsburg: surrender in return for payment of 50,000 guilders to Maria Josepha is regulated

Article 6 (fol. 7v-8r): Linz Castle or a comparable property of her choice in the Austrian hereditary lands guaranteed as a widow’s dower; repair and trousseau of the dower residence in accordance with her rank regulated; after moving into the dower residence, Maria Josepha is responsible for its maintenance; if the dower residence is destroyed by war or fire, replacement in accordance with her rank is guaranteed

Article 7 (fol. 8r-9r): Maintenance of the widow at 60,000 guilders per annum, which, however, is to be offset against interest from the investment of the dowry, donation propter nuptias and morning gift: she receives the sum regardless of whether children have been born from the marriage and as long as she does not remarry; insurance and imperial confirmation of the maintenance sum promised; Quarterly instalments guaranteed by special prescription, further assurances mentioned

Article 8 (9r-10r): Maria Josepha’s remarriage after her widowhood shall not take place without the knowledge and advice of the Houses of Austria and Bavaria; in the event of remarriage, her widow’s maintenance shall cease, but her dowry and, if applicable, morning gift shall be left to her and she shall receive lifelong rights of use of the donation propter nuptias, with interest on these sums remaining at five per cent; Provisions are made for the transfer of the trousseau, property acquired during the marriage and the redemption sum for the Habsburg family jewels; if there are children from the marriage to Joseph, provisions are made for their claims to Maria Josepha’s estate in the event of her remarriage.

Article 9 (fol. 10r-11v): If Maria Josepha dies before Joseph and there are children from the marriage, they shall remain under their father’s supervision, together with their maternal inheritance; if there are no living children: Maria Josepha’s property shall revert to her closest Bavarian heirs, unless otherwise stipulated in her will; An inventory of her property is to be drawn up; Joseph is guaranteed lifelong use of a dowry of 30,000 ducats; after his death, this will revert to Bavaria, unless Maria Josepha leaves other testamentary provisions; mutual compliance is guaranteed, notarisation and signing are regulated; ratification after the marriage is agreed.

Regulations on inheritance law

Article 3 (5r-5v): In return for the dowry: Maria Josepha formally renounces her maternal, fraternal and paternal inheritance for herself and her heirs, in accordance with Bavarian custom; exception in the event of the extinction of the House of Bavaria in the male line regulated.

Article 5 (fol. 6v-7v): If Joseph dies before Maria Josepha, she shall receive rights of disposal and ownership over the dowry, the property she brought into the marriage, which is to be recorded in an inventory, and property awarded to her in Joseph’s will or acquired by her during the marriage; in addition: use of the donation propter nuptias and morning gift guaranteed; interest on the total sum at five per cent and annual interest payments to the widow are regulated; ownership of Austrian household jewels that were left to her remains with the House of Habsburg: surrender in return for payment of 50,000 guilders to Maria Josepha is regulated

Article 9 (fol. 10r-11v): If Maria Josepha dies before Joseph and there are children from the marriage, they shall remain under their father’s supervision, together with their maternal inheritance; if there are no living children: Maria Josepha’s property shall revert to her closest Bavarian heirs, unless otherwise stipulated in her will; An inventory of her property is to be drawn up; Joseph is guaranteed lifelong use of a dowry of 30,000 ducats; after his death, this will revert to Bavaria, unless Maria Josepha leaves other testamentary provisions; mutual compliance is guaranteed, notarisation and signing are regulated; ratification after the marriage is agreed.

External authorities involved

Pope: Article 1: […] papal dispensation obtained because of the degree of kinship

Ratifications, confirmations, approvals

Article 9: […] ratification agreed for after the marriage

Literature

Reinhalter 2011, p. 80 and following

References

• Archive copy: AT-OeStA / HHStA, UR FUK 2009
• Contract language archive copy: German

Recommended citation

Dynastische Eheverträge der frühen Neuzeit. Contract No. 241. Philipps University of Marburg. Available online at https://dynastische-ehevertraege.online.uni-marburg.de/en/vertraege/241.html.

@misc{ Dynastische Ehevertr{“a}ge der fr{”u}hen Neuzeit, 
title = {Dynastische Ehevertr{“a}ge der fr{”u}hen Neuzeit: Contract No. 241},
 url = {https://dynastische-ehevertraege.online.uni-marburg.de/en/vertraege/241.html}
}