Marriage contract no. 241: Österreich - Bayern

Contract content

Preamble (fol. 1r-4r): Courtship declared by Joseph and his parents, Emperor Franz I and Empress Maria Theresa; dowry, donatio propter nuptias, morning gift, dowager’s residence, dowager’s livelihood etc. named as subjects of negotiation; authorised negotiators of both parties designated

Article 1: (fol 4r-4v): Marriage agreed, Maria Josepha’s consent proclaimed, betrothal declared, papal dispensation obtained because of the degree of kinship

Article 2 (fol. 4v-5r): Dowry fixed at 30.000 ducats, payment to Vienna in two instalments, receipt ensured, trousseau and furnishings regulated

Article 3 (5r-5v): in return for dowry: regulation of formal renunciation of Maria Josepha’s maternal, fraternal and paternal inheritance for herself and her heirs, according to Electoral Bavarian custom; exception in the event of extinction of the House of Bavaria in the male line

Article 4 (fol. 5v-6r): donatio propter nuptias of 30.000 ducats and morning gift of 10.000 ducats assured, resulting in a total sum of 70.000 ducats; investment in Bohemia and Upper and Lower Austria, dower mentioned, sustenance of the bride during the marriage fixed at 30.000 guilders per year, rights of disposal and payment regulated

Article 5 (fol. 6v-7v): If Joseph dies before Maria Josepha, she receives the right to dispose of and possess the dowry, the property she brought into the marriage and property that is granted to her in Joseph’s will or that she acquired during the marriage; in addition: use of the donatio propter nuptias and morning gift; interest on the total sum at 5% and annual interest payment to the widow; right of possession of Austrian house jewels that were entrusted to her is reserved to the House of Habsburg: Return against payment of 50.000 gulden to Maria Josepha

Article 6 (fol. 7v-8r): Dower regulated (Castle Linz or a comparable estate of her choice in the Austrian hereditary lands); maintenance and furnishing of the dowager’s residence regulated; after moving into the dower, Maria Josepha is responsible for maintenance; if the dowager’s residence is destroyed by war or fire: replacement assured

Article 7 (fol. 8r-9r): Dowager´s livelihood regulated (60.000 gulden yearly), which is offset against interest from the investment of the dowry, donatio propter nuptias and morning gift: she receives the sum regardless of whether children have been born of the marriage and as long as she does not remarry; insurance and imperial confirmation of the sustenaance sum; quarterly instalment payment by special prescription pledged, further assurances mentioned

Article 8 (9r-10r): Maria Josepha is not to remarry after her husband’s death without the knowledge and advice of the Houses of Austria and Bavaria; if she remarries, her dowager’s pension ends, but her dowry and any morning gift are left to her and she receives a lifelong usufruct to the donatio propter nuptias, interest on these sums remains at 5%; transfer of trousseau, property acquired during the marriage and the redemption sum for the Habsburg house jewels; if there are children from the marriage with Joseph: Settlement of their claims to Maria Josepha’s fortunes in the event of remarriage

Article 9 (fol. 10r-11v): If Maria Josepha dies before Joseph and there are children from the marriage, they and their maternal inheritance remain under paternal supervision; if there are no living children: reversion of Maria Josepha’s property to her closest Bavarian heirs, provided there is no other testamentary provision; preparation of an inventory of her property; lifelong usufruct of dowry of 30.000 ducats for Joseph; after his death: reversion to Bavaria, provided Maria Josepha leaves no other testamentary provision; reciprocal compliance assured, notarisation and signing regulated; ratification agreed for after the marriage

Regulations on inheritance law

Article 3 (5r-5v): in return for dowry: regulation of formal renunciation of Maria Josepha’s maternal, fraternal and paternal inheritance for herself and her heirs, according to Electoral Bavarian custom; exception in the event of extinction of the House of Bavaria in the male line

Article 5 (fol. 6v-7v): If Joseph dies before Maria Josepha, she receives the right to dispose of and possess the dowry, the property she brought into the marriage and property that is granted to her in Joseph’s will or that she acquired during the marriage; in addition: use of the donatio propter nuptias and morning gift; interest on the total sum at 5% and annual interest payment to the widow; right of possession of Austrian house jewels that were entrusted to her is reserved to the House of Habsburg: Return against payment of 50.000 gulden to Maria Josepha

Article 9 (fol. 10r-11v): If Maria Josepha dies before Joseph and there are children from the marriage, they and their maternal inheritance remain under paternal supervision; if there are no living children: reversion of Maria Josepha’s property to her closest Bavarian heirs, provided there is no other testamentary provision; preparation of an inventory of her property; lifelong usufruct of dowry of 30.000 ducats for Joseph; after his death: reversion to Bavaria, provided Maria Josepha leaves no other testamentary provision […]

External authorities involved

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

Ratifications, confirmations, approvals

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

Commentary

At the time the contract was concluded, Joseph II was already the elected Roman-German king, and after the death of his mother, Empress Maria Theresa, he also acquired the imperial crown in 1780

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}
}