Marriage contract no. 314: Münsterberg-Oels - Braunschweig-Wolfenbüttel

Contract content

Article 1: Marriage and its execution agreed for 7 September of the same year

Article 2: Marriage settlement and home tax agreed at 20,000 guilders, 10,000 after consummation of the marriage, another 10,000 in the coming year, bond and receipt mentioned

Article 3: Renunciation of inheritance regulated, letter of renunciation mentioned

Article 4: Trousseau regulated

Article 5: Donatio propter nuptias of 20,000 guilders agreed, together with the trousseau it should amount to 40,000 guilders

Article 6: Mornig gift promised after consummation of the marriage

Article 7: Frankenstein Castle and town guaranteed as widow’s dower, life estate mentioned

Article 8: If the widow’s dower and the widow’s dower property cannot guarantee a standard of living befitting the widow’s status, Heinrich and his heirs shall make a corresponding contribution

Article 9: Debts incurred by Johann and his heirs shall not be charged to Margarethe

Article 10: Officials shall swear oaths after consummation of the marriage and, in the event of Johann’s death, shall be loyal to the widow and pay homage to her; corresponding prescriptions are mentioned

Article 11: In the event of Johann’s death, his princely heirs shall rectify any damage to the dower and shall also be responsible for ensuring that the widow can continue to live in a manner befitting her status should damage or other influences prevent this

Article 12: After consummation of the marriage, the widow’s estate shall be inspected; if it is not befitting her status or cannot yield the agreed income, Johann or his heirs shall remedy the situation.

Article 13: If Margarethe dies after consummation of the marriage without having produced any legitimate heirs, the marriage settlement and all property that Margarethe brought into the marriage shall initially be available for Johann’s use until the end of his life; after his death, Heinrich and his heirs shall have access to it, or Margarethe’s next heirs; inventory mentioned.

Article 14: However, if there are any children from this marriage, whether dead or alive, the dowry and other specified property shall nevertheless remain the hereditary property of Johann and his descendants.

Article 15: If Johann should die after consummating the marriage, the marriage assets, donation propter nuptias, morning gift, Frankenstein Castle and all appurtenances, as well as jewels, etc. and life estate shall pass to Margarethe without being claimed by Johann’s heirs and shall remain hers for the rest of her life.

Article 16: Any deficiencies in the life estate shall be rectified by Johann’s heirs.

Article 17: However, should Margarethe remarry, Johann’s heirs and descendants shall be entitled to reclaim or redeem all bequests, including personal property, mornig gift, marriage money and donation propter nuptias; if there are heirs of the body of both, the redemption shall amount to only 30,000 guilders instead of 40,000 guilders.

Article 18: However, if the heirs do not wish to pay the donation propter nuptias, it shall bear interest at 2,000 guilders per annum so that Margarethe is provided for and insured at all times.

Article 19: Regulations regarding the donation propter nuptias have been agreed upon, corresponding prescription mentioned.

Article 20: If, as a result of negotiations with Johann’s brothers or cousins, changes are made to the dower and life estate, Margarethe shall be allocated other assets accordingly.

Article 21: Debts and similar obligations incurred by Johann prior to the marriage shall not affect Margarethe; However, debts incurred by Margarethe after taking up the widow’s dower shall be paid by the next heirs of the reversion.

Article 22: Further regulations regarding the opening of the widow’s dower agreed upon.

Article 23: Transfer of the bride regulated.

Article 24: Affirmations to adhere to the agreement, double copy of the contract mentioned.

Regulations on inheritance law

Article 3: Renunciation of inheritance regulated, letter of renunciation mentioned

Article 8: If the widow’s dower and the widow’s dower property cannot guarantee a standard of living befitting the widow’s status, Heinrich and his heirs shall make a corresponding contribution

Article 13: If Margarethe dies after consummation of the marriage without having produced any legitimate heirs, the marriage settlement and all property that Margarethe brought into the marriage shall initially be available for Johann’s use until the end of his life; after his death, Heinrich and his heirs shall have access to it, or Margarethe’s next heirs; inventory mentioned.

Article 14: However, if there are any children from this marriage, whether dead or alive, the dowry and other specified property shall nevertheless remain the hereditary property of Johann and his descendants.

Article 15: If Johann should die after consummating the marriage, the marriage assets, donation propter nuptias, morning gift, Frankenstein Castle and all appurtenances, as well as jewels, etc. and life estate shall pass to Margarethe without being claimed by Johann’s heirs and shall remain hers for the rest of her life.

Article 16: Any deficiencies in the life estate shall be rectified by Johann’s heirs.

Article 17: However, should Margarethe remarry, Johann’s heirs and descendants shall be entitled to reclaim or redeem all bequests, including personal property, mornig gift, marriage money and donation propter nuptias; if there are heirs of the body of both, the redemption shall amount to only 30,000 guilders instead of 40,000 guilders.

Article 18: However, if the heirs do not wish to pay the donation propter nuptias, it shall bear interest at 2,000 guilders per annum so that Margarethe is provided for and insured at all times.

Article 21: Debts and similar obligations incurred by Johann prior to the marriage shall not affect Margarethe; However, debts incurred by Margarethe after taking up the widow’s dower shall be paid by the next heirs of the reversion.

Commentary

No explicit division into articles in the original; contract pages contain some comments on the margins.

References

• Archive copy: NLA WO, 1 Alt 24, Nr. 14
• Contract language archive copy: German

Recommended citation

Dynastische Eheverträge der frühen Neuzeit. Contract No. 314. Philipps University of Marburg. Available online at https://dynastische-ehevertraege.online.uni-marburg.de/en/vertraege/314.html.

@misc{ Dynastische Ehevertr{“a}ge der fr{”u}hen Neuzeit, 
title = {Dynastische Ehevertr{“a}ge der fr{”u}hen Neuzeit: Contract No. 314},
 url = {https://dynastische-ehevertraege.online.uni-marburg.de/en/vertraege/314.html}
}