Marriage contract no. 315: Anhalt-Zerbst - Braunschweig-Lüneburg

Contract content

Preamble: Invocation of God; intention to marry declared and agreed

Article 1: Dowry of 20,000 guilders mentioned, to be paid after consummation of the marriage; receipt mentioned, as well as jewellery, silverware, trinkets and clothing presented by the princely house of Brunswick

Article 2: Dorothea’s renunciation of inheritance regulated as long as there are legitimate heirs in the male line; letter of renunciation mentioned

Article 3: Donatio propter nuptias set at 20,000 guilders; mornig gift promised after consummation of the marriage

Article 4: Prescription for marriage money and donatio propter nuptias mentioned; widow’s dower and trousseau regulated; homage to the heir mentioned

Article 5: Income from the dower determined; compensation by Rudolf’s heirs or descendants if not sufficiently profitable

Article 6: Life estate and dowry prescription mentioned; after consummation of the marriage, officials and servants of Dorothea’s dowry are to swear allegiance

Article 7: Contingency provisions in favour of Heinrich Julius and his descendants regulated

Article 8: Provisions made regarding deceased or deposed chiefs and officials

Article 9: If the widow’s estate, life estate or goods associated with the mornig gift should suffer damage, Rudolf or his heirs are responsible for taking care of this and also for compensating for any loss of income

Article 10: Confirmation that Rudolf and his heirs wish to protect and insure the life estate and mornig gift; Heinrich Julius undertakes to inspect the dower and everything belonging to the widow’s estate and to ascertain what income they can generate

Article 11: If the widow’s estate is not adequately furnished or is not sufficiently profitable, Rudolf and his heirs shall be responsible for this.

Article 12: Reversion regulated: if Dorothea dies, all property shall pass to Heinrich Julius or his nearest male heirs; if there are no male heirs, Dorothea’s nearest heirs shall receive rights to it.

Article 13: In the event of Dorothea’s death, Heinrich or his sons/descendants shall receive her property and also receive 1,000 guilders annually from the dower property until the reversion has been completed.

Article 14: If children are born of the marriage but die during Dorothea’s lifetime, upon Dorothea’s death, the reversion of the dowry shall in no case pass to Rudolf and his heirs, but to Heinrich Julius or his son who succeeds him.

Article 15: If there are joint heirs and Dorothea or both spouses should die, the reversion, donation propter nuptias and other inheritance shall remain with them, regardless of whether they die sooner or later; if Dorothea should produce male heirs who are not descended from Rudolf, all funds and other legacies brought in by their mother shall be inherited by them, unless otherwise specified in the will, even if the respective father still enjoys lifetime rights of use.

Article 16: Should Rudolf die after consummating the marriage, with or without common bodily heirs, Dorothea shall have unrestricted access to the dower property, such as the castle, town and office and all other appurtenances, unless Rudolf has issued other provisions during his lifetime.

Article 17: However, if Dorothea should remarry and there are no joint heirs, she shall be released from the 40,000 Reichsgulden dowry and mornig gift, without prejudice to the reversion of the 20,000 Reichsgulden to Heinrich and his successors.

Article 18: Dorothea shall only relinquish her personal property, her inheritance and her mornig gift once she has been assured of their payment and reversion, and only then shall she surrender her widow’s dower and release all officials and subjects from their oaths; until the process is complete, the annual mornig gift shall continue to be paid without hindrance.

Article 19: If Dorothea should also have children from another marriage, the inheritance shall be divided between the children from both marriages.

Article 20: If Rudolf and Dorothea should die without leaving any heirs, the reversion of the 20,000 guilders shall immediately pass to Heinrich Julius or his then ruling son.

Article 21: Dorothea shall not be burdened with Rudolf’s debts incurred prior to the marriage.

Article 22: Upon leaving the Leibgeding, Dorothea and her heirs shall leave behind all burgzeug and items found upon arrival, as recorded in the corresponding inventory. Furthermore, Dorothea shall not sell, transfer or otherwise alter any of the dower property without the knowledge and consent of Rudolf and his heirs.

Article 23: Rudolf and his heirs shall not use the dower unless this is agreed with Dorothea; furthermore, she shall be permitted to transfer secular and ecclesiastical fiefs, with the exception of knightly fiefs, as long as she does not change her dower residence.

Article 24: Confirmation of the legal superiority of Rudolf and his heirs over the dower estates and dowry in matters of war, business, land and tax

Article 25: Rudolf’s brothers shall also sign the dower, dowry and morning gift deeds and confirm their transfer to Dorothea; This shall take place before the wedding night, and Dorothea shall receive such approval at the earliest opportunity.

Article 26: Dorothea shall also receive jewellery, clothes, treasures and silverware from her deceased mother in exchange for a receipt; she shall receive the dowry from her parents’ marriage in the amount of 30,000 talers after Heinrich Julius’ death, if applicable.

Article 27: If Dorothea and her heirs are still entitled to further inheritance from her deceased mother, this shall be reserved for her without hindrance.

Article 28: The drawing up of two contracts is mentioned, also signed by Rudolf’s brothers.

Regulations on inheritance law

Article 2: Dorothea’s renunciation of inheritance regulated as long as there are legitimate heirs in the male line; letter of renunciation mentioned

Article 15: If there are joint heirs and Dorothea or both spouses should die, the reversion, donation propter nuptias and other inheritance shall remain with them, regardless of whether they die sooner or later; if Dorothea should produce male heirs who are not descended from Rudolf, all funds and other legacies brought in by their mother shall be inherited by them, unless otherwise specified in the will, even if the respective father still enjoys lifetime rights of use.

Article 19: If Dorothea should also have children from another marriage, the inheritance shall be divided between the children from both marriages.

External authorities involved

Article 25: Rudolf’s brothers shall also sign the dower, dowry and morning gift deeds and confirm their transfer to Dorothea; This shall take place before the wedding night, and Dorothea shall receive such approval at the earliest opportunity.

Article 28: The drawing up of two contracts is mentioned, also signed by Rudolf’s brothers.

Ratifications, confirmations, approvals

Article 25: Rudolf’s brothers shall also sign the dower, dowry and morning gift deeds and confirm their transfer to Dorothea; This shall take place before the wedding night, and Dorothea shall receive such approval at the earliest opportunity.

Commentary

Original contract with page numbers, no division into articles.

Literature

Kindscher, Franz, ‘Rudolf’ in: Allgemeine Deutsche Biographie 29 (1889), pp. 519–523 [online version]; URL: https://www.deutsche-biographie.de/pnd115710264.html#adbcontent

References

• Archive copy: NLA WO, 1 Alt 24, Nr. 110
• Contract language archive copy: German

Recommended citation

Dynastische Eheverträge der frühen Neuzeit. Contract No. 315. Philipps University of Marburg. Available online at https://dynastische-ehevertraege.online.uni-marburg.de/en/vertraege/315.html.

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title = {Dynastische Ehevertr{“a}ge der fr{”u}hen Neuzeit: Contract No. 315},
 url = {https://dynastische-ehevertraege.online.uni-marburg.de/en/vertraege/315.html}
}