Marriage contract no. 245: Sachsen - Brandenburg

Contract content

Preamble - Friendship and trust between the princely houses of Saxony and Brandenburg expressed

Article 1 - Marriage confirmed to increase and confirm friendship and unity, marriage request of August and Christian of Saxony and consent of Sophia of Brandenburg announced; solemnization and consummation of the marriage arranged

Article 2 - Christian’s promise of marriage and his mother’s consent to the marriage are declared

Article 3 - Dowry set at 20,000 guilders, payment period is one year, receipt regulated

Article 4 - Trousseau (jewels, silverware, clothes, etc.) regulated

Article 5 - The donatio propter nuptias is set at 20,000 guilders, the investment of and donatio propter nuptias in the Electoral Saxon lands is regulated; Rochlitz Castle and office with all associated lands, rights and income are designated as the princely seat of the bride, rights of use and possession are regulated; annual income of 4,000 guilders is guaranteed as a dower after Christian’s death; if the 4,000 guilders are not achieved annually, appropriate compensation is provided

Article 6 - legal relationship between Sophie and the subjects and officials on the dower estate regulated; 40 horses at her disposal assured; homage and oath of the subjects and officials assured after the execution of the solemnization and consummation of the marriage: obligation of loyalty to Sophie after Christian’s death regulated; reassignment of the obligation of loyalty to Christian’s heirs after Sophie’s death regulated; letter of prescription promised; possible appointment of new officials regulated

Article 7 - if the dowers were destroyed so that the dowager could not be provided for and housed in a manner befitting her status, August, Christian and their heirs undertake to provide an appropriate replacement; in the event of damage, they promise to provide building materials and help with repairs

Article 8 - Protection of the bride, the dower and the morning gift promised

Article 9 - Inspection of the dower by the bride’s father’s councillors arranged, improvement assured if dower does not correspond to the bride’s status and cannot provide the 4,000 guilders annual income; if the Brandenburg side finds deficiencies, these are to be remedied

Article 10 - Christian is allowed to improve his future wife’s fortunes as he sees fit

Article 11 - on the day after the solemnization and consummation of the marriage, Sophie is to be presented with a handsome jewel as a morning gift and promised a lifelong payment of 400 guilders a year, payment regulated

Article 12 - The bride’s renunciation of all paternal, maternal and fraternal inheritance as well as any other inheritance of the House of Brandenburg is regulated

Article 13 - Special inheritance regulations if the male heirs of the House of Brandenburg die out

Article 14 - if Sophia dies before Christian and there are no heirs, her trousseau reverts to the groom for lifelong use, the bride’s father or his heirs receive an inventory list, after Christian’s death the trousseau reverts to the House of Brandenburg, if there are no heirs, the trousseau reverts to the bride’s next heirs; until the matrimonial property has been repaid, the bride’s heirs have the right to dispose of the property and the right to receive 2,000 guilders a year from it

Article 15 - Hereditary homage mentioned: when the bride assumes the dower, the subjects and officials are instructed to pay homage to her and follow her orders

Article 16 - if there are joint heirs after the death of both spouses, they inherit the matrimonial goods, the donatio propter nuptias, etc.

Article 17 - if Christian dies before Sophie and without heirs in dower, she receives the lifelong right to dispose of the marriage goods, the donatio propter nuptias, the aforementioned goods including all the provisions on the dower at that time, the trousseau and any cash and gifts; if the dowager’s maintenance cannot be guaranteed by the dower, the groom’s family undertakes to secure it

Article 18 - Household effects belonging to the dower should remain there even after a redemption or the death of the dowager

Article 19 - if the dowager remarries, the dower can be redeemed by payment of 40,000 gulden, provided there are no male heirs from the first marriage; if there are male heirs, the redemption sum is to be 30,000 gulden, the bride receives the interest from the retained part, insurance or surety over the sums paid is regulated and assignment of the dower is regulated; Donatio propter nuptias is to be used for the sums to be paid; Sophie then has lifelong right of disposal over the redemption sum; after the bride’s death, this sum falls to any heirs from the marriage with Christian or other heirs of the groom; if there are no heirs from the marriage, the dowry reverts to the bride’s father and his heirs; if they are deceased, the bride’s next heirs receive the dowry; until the dowry has been repaid, the bride’s father and his heirs receive half of the dower

Article 20 - Sophie and her dower are exempt from liability for debts of Christian or his father

Article 21 - if Electoral Saxon feudatories have claims to ownership or use of parts of the dower lands, they are to be paid out by the Elector, his son or their heirs; Sophie must not suffer any loss as a result of this

Article 22 - Dower lands may not be sold or moved without the consent of the Saxon side; Sophie is guaranteed the right to use the dower lands

Article 23 - Sophie is enfeoffed with electoral Saxon fiefs on the dower land, but knightly fiefs are excluded from this

Article 24 - certain tax revenues on the dower land are reserved for the Electoral Saxon sovereignty

Article 25 - Mutual compliance with the marriage contract assured

Article 26 - Ratification of the contract agreed

Regulations on inheritance law

Article 11 - on the day after the solemnization and consummation of the marriage, Sophie is to be presented with a handsome jewel as a morning gift and promised a lifelong payment of 400 guilders a year, payment regulated

Article 12 - The bride’s renunciation of all paternal, maternal and fraternal inheritance as well as any other inheritance of the House of Brandenburg is regulated

Article 13 - Special inheritance regulations if the male heirs of the House of Brandenburg die out

Article 14 - if Sophia dies before Christian and there are no heirs, her trousseau reverts to the groom for lifelong use, the bride’s father or his heirs receive an inventory list, after Christian’s death the trousseau reverts to the House of Brandenburg, if there are no heirs, the trousseau reverts to the bride’s next heirs; until the matrimonial property has been repaid, the bride’s heirs have the right to dispose of the property and the right to receive 2,000 guilders a year from it

Article 16 - if there are joint heirs after the death of both spouses, they inherit the matrimonial goods, the donatio propter nuptias, etc.

Article 17 - if Christian dies before Sophie and without heirs in dower, she receives the lifelong right to dispose of the marriage goods, the donatio propter nuptias, the aforementioned goods including all the provisions on the dower at that time, the trousseau and any cash and gifts; if the dowager’s maintenance cannot be guaranteed by the dower, the groom’s family undertakes to secure it

Article 19 - if the dowager remarries, the dower can be redeemed by payment of 40,000 gulden, provided there are no male heirs from the first marriage; if there are male heirs, the redemption sum is to be 30,000 gulden, the bride receives the interest from the retained part, insurance or surety over the sums paid is regulated and assignment of the dower is regulated; Donatio propter nuptias is to be used for the sums to be paid; Sophie then has lifelong right of disposal over the redemption sum; after the bride’s death, this sum falls to any heirs from the marriage with Christian or other heirs of the groom; if there are no heirs from the marriage, the dowry reverts to the bride’s father and his heirs; if they are deceased, the bride’s next heirs receive the dowry; until the dowry has been repaid, the bride’s father and his heirs receive half of the dower

Ratifications, confirmations, approvals

Article 26 - Ratification of the contract agreed

Commentary

Contract is not divided into articles in the original.

References

• Archive copy: HStA Drd, 10001 O.U. 12099b
• Contract language archive copy: German

Recommended citation

Dynastische Eheverträge der frühen Neuzeit. Contract No. 245. Philipps University of Marburg. Available online at https://dynastische-ehevertraege.online.uni-marburg.de/en/vertraege/245.html.

@misc{ Dynastische Ehevertr{“a}ge der fr{”u}hen Neuzeit, 
title = {Dynastische Ehevertr{“a}ge der fr{”u}hen Neuzeit: Contract No. 245},
 url = {https://dynastische-ehevertraege.online.uni-marburg.de/en/vertraege/245.html}
}