Marriage contract no. 244: Holstein-Schaumburg - Hessen-Kassel

Contract content

Preamble: Marriage agreed upon for the glory of God, for the welfare of the principalities involved through the strengthening of friendship, etc. Article 1: Intention to marry expressed by the bride and groom; marriage settlement or dowry set at 20,000 guilders; payment to be made on Michaelmas 1597 and receipt to be issued; Hedwig to be provided with jewels, clothes, jewellery, silverware, etc.; Hedwig’s renunciation of her paternal, maternal and fraternal inheritance with the consent of the groom; exception in the event of the extinction of the House of Hesse in the male line; what Hedwig is entitled to according to her father’s will, the provisions of the Hessian-Saxon inheritance agreement and on the part of her Württemberg relatives is not affected by this

Article 2: Morning gift set at 3,000 guilders, plus 150 Reichstalers annual inheritance rent; Hedwig’s rights of disposal over these funds regulated; donation propter nuptias set at 20,000 guilders, resulting in a total sum of 40,000 guilders; investment income of 2,000 guilders per annum guaranteed; Sachsenhagen Castle and Office with associated lands, income, rights of use and sovereignty, and jurisdiction designated as dowry seat; sovereign rights remain with Ernst and his heirs

Article 3: Hedwig’s rights of sovereignty in the dowry regulated; Subjects and officials in the Sachsenhagen district shall swear an oath of allegiance and obedience to Hedwig if she takes up the dower.

Article 4: Hedwig is exempt from liability for any debts encumbering the dower.

Article 5: If Ernst dies before Hedwig and there are legitimate heirs who are still minors, they shall be placed under guardianship. Hedwig shall take up residence in the dower and shall receive lifelong rights of use of the dowry and donation propter nuptias, provided she does not remarry; use of all household goods, supplies and furnishings located on the dower estate is regulated; use of all trousseau that Hedwig brought into the marriage or acquired, inherited or received as a gift during the marriage is regulated.

Article 6: When Hedwig moves into the dower residence, it shall be equipped with supplies for one year; if the existing supplies are not sufficient to ensure provision for this period, Ernst’s heirs are obliged to supplement them by drawing on the income from other offices; if the household goods are not befitting of her status, they shall also improve these.

Article 7: Ernst and, after him, his heirs are responsible for the structural maintenance of the widow’s residence so that Hedwig, as a widow, has a residence befitting her status at all times.

Article 8: In the event of Hedwig remarrying after Ernst’s death: redemption of the widow’s residence by Ernst’s heirs against payment of 20,000 guilders; In this case, Hedwig shall continue to receive an annual pension of 1,000 guilders from the income of the Sachsenhagen office; after her death, both monetary payments shall accrue to any heirs from her marriage to Ernst, and Hedwig shall thus lose all power of disposal over the dower.

Article 9: If Hedwig also has children from her second marriage, the 20,000 guilders dowry shall be inherited in equal parts by the children from her first and second marriages.

Article 9: If Hedwig dies and there are no natural heirs, the dowry shall pass to Landgrave Moritz or his heirs after her death, and the donation propter nuptias shall revert to Count Ernst or his heirs; Hedwig’s personal property shall be divided equally between her and Ernst’s next heirs; Moritz and his heirs shall be granted the use of the dower after Hedwig’s death until the agreed repayment of the dowry

Article 10: If Hedwig dies and there are no heirs, Ernst may dispose of the 20,000 guilders marriage settlement for life; after his death: reversion of the dowry to Landgrave Moritz and his heirs; duty of loyalty of the subjects on the widow’s estate for the period during which Moritz or his heirs possess the widow’s estate as a pledge for the repayment of the dowry, guaranteed.

Article 11: Hedwig is granted the Hagenburg estate with all associated lands, rights of use, etc. as security for the payment of the 150 Reichstaler per year guaranteed as a morning gift; if she dies without issue: reversion of the morning gift to Ernst or his heirs is regulated; if Hedwig bequeaths the morning gift elsewhere, it shall be possible for Ernst’s heirs to redeem it against payment of 3,000 guilders.

Article 11: Hedwig shall be liable for debts incurred by both spouses during the marriage; debts incurred by Hedwig at her widow’s dower shall be paid by her heirs.

Article 12: Should Hedwig or Ernst die before consummating the marriage, the contract shall be null and void

Article 13: Mutual compliance is guaranteed, Ludwig von Hessen-Marburg and Adolf XI von Holstein-Schaumburg are mentioned as co-signatories

Regulations on inheritance law

Article 1: […] Hedwig’s renunciation of her paternal, maternal and fraternal inheritance regulated with the consent of her fiancé; Exception in the event of the extinction of the House of Hesse in the male line; this does not affect what Hedwig is entitled to according to her father’s will, the provisions of the Hessian-Saxon inheritance agreement and on the part of her Württemberg relatives

Article 9: If Hedwig also has children from her second marriage, the 20,000 guilders dowry shall be divided equally between the children from her first and second marriages

Article 9: If Hedwig dies and there are no biological heirs, the dowry shall pass to Landgrave Moritz or his heirs after her death, and the donation propter nuptias shall revert to Count Ernst or his heirs; Hedwig’s personal property shall be divided equally between her and Ernst’s next heirs; Moritz and his heirs shall be granted the use of the dower after Hedwig’s death until the agreed repayment of the dowry.

Article 10: If Hedwig dies and there are no heirs, Ernst may dispose of the 20,000 guilders marriage money for life; after his death: reversion of the dowry to Landgrave Moritz and his heirs regulated; The subjects’ duty of loyalty on the dower estates is guaranteed for the period during which Moritz or his heirs possess the dower as a pledge for the repayment of the dowry.

Article 11: Hedwig is granted the Hagenburg estate with all associated lands, rights of use, etc. as security for the payment of the 150 Reichstaler per year guaranteed as morning property; If she dies without issue: reversion of the morning gift to Ernst or his heirs is regulated; if Hedwig bequeaths the morning gift elsewhere, redemption by Ernst’s heirs shall be possible against payment of 3,000 guilders.

Ratifications, confirmations, approvals

Article 13: Mutual compliance assured, Ludwig of Hesse-Marburg and Adolf XI of Holstein-Schaumburg mentioned as co-signatories

Text reference to past events

Article 1: Hessian-Saxon hereditary brotherhood mentioned

Further contracts between contracting parties

Minden Agreement, 13 December 1595 (cf. HStAM, Inventory 4f, States S, No. Schaumburg 24)

Commentary

The contract itself is not divided into articles.

References

• Archive copy: HStAM, Urk. 3, Nr. 158
• Contract language archive copy: German
• Digitized archive copy: https://dfg-viewer.de/show/?set[mets]=https://arcinsys.hessen.de/arcinsys/mets?detailid=v6156346

Recommended citation

Dynastische Eheverträge der frühen Neuzeit. Contract No. 244. Philipps University of Marburg. Available online at https://dynastische-ehevertraege.online.uni-marburg.de/en/vertraege/244.html.

@misc{ Dynastische Ehevertr{“a}ge der fr{”u}hen Neuzeit, 
title = {Dynastische Ehevertr{“a}ge der fr{”u}hen Neuzeit: Contract No. 244},
 url = {https://dynastische-ehevertraege.online.uni-marburg.de/en/vertraege/244.html}
}