Marriage contract no. 243: Österreich (Habsburg) - Österreich-Tirol (Habsburg)

Contract content

Article 1 (fol. 1v): Marriage agreed for the glory of God and to strengthen and deepen the relationship between the participating lines of the House of Austria and for the good of the countries and subjects, papal dispensation obtained due to the degree of kinship between the spouses, consent of the Imperial Privy Council expressed, agreement in accordance with the marriage contract of 4 September 1673

Article 2 (fol. 2r): Contract concluded on the basis of the following articles

Article 3 (fol. 2r): Anna’s assurance that she will give her daughter in marriage to Emperor Leopold with her knowledge and consent

Article 4 (fol. 2v): The dowry is set at 100,000 guilders and is to be paid by Leopold himself as the legal successor of Claudia Felicitas’ deceased father; the donation propter nuptias is also set at 100,000, with a morning gift of 50,000 guilders guaranteed, bringing the total to 250,000 guilders

Article 5 (fol. 2v): The dowry and the donation propter nuptias to the County of Tyrol and the morning gift to Leopold’s other Austrian and Bohemian lands are assigned; interest on both sums is guaranteed at five per cent each; if the guaranteed maintenance is not provided, Leopold undertakes to pay appropriate compensation; Sovereign authority and jurisdiction in the designated lands remain with Leopold and his heirs.

Article 6 (fol. 2v): Maintenance for Claudia Felicitas during the marriage is set at 30,000 guilders per annum; the bride is granted free disposal of this sum.

Article 7 (fol. 2v-3r): Claudia Felicitas is guaranteed an additional 30,000 guilders from the income of the County of Tyrol as an annual widow’s pension.

Article 8 (fol. 3r-3v): If Leopold dies before Claudia Felicitas, she shall receive lifelong rights of use to the dowry and donation propter nuptias; if there are legitimate heirs from the marriage, they shall inherit the dowry and donation propter nuptias after the death of the imperial widow; however, if these legitimate heirs are already deceased at the time of Claudia Felicitas’ death or die before coming of age, half of the estate shall pass to Leopold’s next heirs, and Claudia Felicitas may bequeath the other half according to her will; The morning gift and jewels etc. are also subject to her free right of testamentary disposition.

Article 9 (fol. 3v): If Claudia Felicitas dies before Leopold, the dowry and donation propter nuptias shall remain at his disposal and shall pass to the legitimate heirs from the marriage or his agnates after his death.

Article 10 (fol. 3v-4r): In order to provide for Claudia Felicitas as a widow, Leopold’s heirs and descendants are obliged to supplement the stipulated widow’s maintenance of 30,000 guilders with 40,000 guilders per annum; Regulation of the widow’s residence at Linz Castle: upon taking up her widow’s dower, she shall be entitled to bring with her household goods appropriate to her status, etc., as well as her mobile possessions; provision of means of transport shall be regulated.

Article 11 (fol. 4r-4v): After Leopold’s death, Claudia Felicitas shall have unrestricted access to the annual interest income guaranteed to her; Rights of use of clothes, jewels and jewellery, etc., which she brought into the marriage or acquired during the marriage or received as gifts are regulated; the Austrian household jewels, which she is to return in return for payment of 50,000 guilders, are excluded.

Article 12 (fol. 4v): Claudia Felicitas’ renunciation of inheritance in favour of the male line is regulated

Article 13 (fol. 4v): Mutual compliance with the contract is assured

Article 14 (fol. 5r): Sealing is declared

Regulations on inheritance law

Article 4 (fol. 2v): The dowry is set at 100,000 guilders and is to be paid by Leopold himself as the legal successor of Claudia Felicitas’ deceased father; the donation propter nuptias is also set at 100,000, with a morning gift of 50,000 guilders guaranteed, bringing the total to 250,000 guilders

Article 8 (fol. 3r-3v): If Leopold dies before Claudia Felicitas, she shall receive lifelong rights of use to the dowry and donation propter nuptias; if there are legitimate heirs from the marriage, they shall inherit the dowry and donation propter nuptias after the death of the imperial widow; however, if these legitimate heirs are already deceased at the time of Claudia Felicitas’ death or die before coming of age, half of the estate shall pass to Leopold’s next heirs, and Claudia Felicitas may bequeath the other half according to her will; The morning gift and jewels etc. are also subject to her free right of testamentary disposition.

Article 9 (fArticle 9 (fol. 3v): If Claudia Felicitas dies before Leopold, her dowry and donation propter nuptias shall remain at his disposal and, after his death, shall pass to the heirs of his body from the marriage or his agnates.ol. 3v): If Claudia Felicitas dies before Leopold, the dowry and donation propter nuptias shall remain at his disposal and shall pass to the legitimate heirs from the marriage or his agnates after his death.

Article 12 (fol. 4v): Claudia Felicitas’ renunciation of inheritance in favour of the male line is regulated

External authorities involved

Article 1 (fol. 1v): […] papal dispensation obtained due to the degree of kinship between the spouses […]

Ratifications, confirmations, approvals

Article 1 (fol. 1v): […] Approval of the Imperial Privy Council expressed […]

Text reference to past events

Article 4 (fol. 2v): Reference in succession law to the death of the bride’s father in 1662

Commentary

The original contract does not contain any article numbering.

References

• Archive copy: AT-OeStA / HHStA, UR FUK 1751
• Contract language archive copy: German

Recommended citation

Dynastische Eheverträge der frühen Neuzeit. Contract No. 243. Philipps University of Marburg. Available online at https://dynastische-ehevertraege.online.uni-marburg.de/en/vertraege/243.html.

@misc{ Dynastische Ehevertr{“a}ge der fr{”u}hen Neuzeit, 
title = {Dynastische Ehevertr{“a}ge der fr{”u}hen Neuzeit: Contract No. 243},
 url = {https://dynastische-ehevertraege.online.uni-marburg.de/en/vertraege/243.html}
}