Marriage contract no. 316: Nassau-Dietz - Braunschweig-Lüneburg-Wolfenbüttel

Contract content

Preamble: Invocation of God, joint declaration of intent to enter into marriage

Article 1: Agreement to confirm the marriage with consummation; after consummation, Heinrich Julius promised a dowry of 20,000 guilders; gift of jewels, clothes, jewellery and silverware promised

Article 2: Sophie Hedwig’s renunciation of inheritance settled, as long as there are no male heirs present; corresponding letter of renunciation mentioned

Article 3: Donatio propter nuptias set by Ernst Casimir with his father’s consent at 20,000 guilders; after consummation of the marriage, a mornig gift of 4,000 Reich guilders principal or 200 Reich guilders annually is to be paid; Marriage and repudiation money to be invested in the county of Diez; Sophie Hedwig to receive the castle at Diez with all appurtenances as a princely seat for her dower.

Article 4: Should the actual income from the dower be insufficient, Ernst Casimir’s heirs shall obtain a corresponding reimbursement from the Nassau office; homage after Ernst Casimir’s death mentioned.

Article 5: In the event of damage to the dower property that would result in the agreed annual income not being generated, Ernst Casimir and his heirs shall pay for it accordingly and, if desired, Sophia Hedwig shall also offer compensation; the dower property shall also be inspected by Heinrich Julius in order to identify any defects, which shall then be remedied accordingly

Article 6: If Sophia Hedwig dies after consummating the marriage without leaving any biological heirs, the reversion shall pass to Heinrich Julius, his son who succeeds him, or to other appropriate male heirs; only if there are no other heirs shall the reversion pass to Sophia Hedwig’s next heir

Article 7: In addition, Heinrich Julius and his heirs shall also receive 1,000 Reich guilders annually from the dower estates until the reversion occurs.

Article 8: If the spouses produce legitimate heirs, but these die during Sophia Hedwig’s lifetime without having any heirs of their own, the reversion shall also pass to Heinrich Julius or his son who succeeds him, but under no circumstances to Ernst Casimir; however, if there are legitimate heirs who are still alive after the death of Sophia Hedwig or both heirs, they shall be entitled to receive the inheritance.

Article 9: If Sophia Hedwig should have corresponding heirs from another marriage, they shall be entitled to all the money and other legacies brought in by their mother.

Article 10: If Ernst Casimir dies with or without joint heirs after consummation of the marriage, Sophia Hedwig shall be able to move into and use her widow’s residence and the associated estates without hindrance; In addition, upon taking up residence in the dower residence, Sophia Hedwig shall be entitled to use half of Ernst Casimir’s remaining supplies of money, fruit, wine, etc.

Article 11: Provisions for contesting the will in the event of Sophia Hedwig remarrying; only after payment shall Sophia Hedwig relinquish her personal property, inheritance and mornig gift, and release her officials and subjects from their oaths.

Article 12: After Sophia Hedwig’s death, the marriage money shall be passed on to her children, regardless of whether they are from this or a subsequent marriage; if she dies without any legitimate heirs, the marriage money shall go to Heinrich Julius or his next ruling son.

Article 13: Sophia Hedwig shall not be burdened by Ernst Casimir’s debts incurred before the marriage.

Article 14: Upon leaving the dower, Sophia Hedwig and her heirs shall leave everything as it was found, which shall be recorded in a corresponding inventory upon moving in; nor shall she sell or otherwise alter any dower property without the knowledge and consent of Ernst Casimir or his heirs

Article 15: Emphasis that Ernst Casimir and his heirs shall, however, retain legal supremacy in various matters concerning the dower and widow’s life estate; the dower and widow’s life estate deed shall be issued to Sophia Hedwig before the marriage consummation.

Article 16: Mention of the preparation of two copies of the contract, compliance confirmed.

Regulations on inheritance law

Article 2: Sophie Hedwig’s renunciation of inheritance settled, as long as there are no male heirs present; corresponding letter of renunciation mentioned

Article 6: If Sophia Hedwig dies after consummating the marriage without leaving any biological heirs, the reversion shall pass to Heinrich Julius, his son who succeeds him, or to other appropriate male heirs; only if there are no other heirs shall the reversion pass to Sophia Hedwig’s next heir

Article 8: If the spouses produce legitimate heirs, but these die during Sophia Hedwig’s lifetime without having any heirs of their own, the reversion shall also pass to Heinrich Julius or his son who succeeds him, but under no circumstances to Ernst Casimir; however, if there are legitimate heirs who are still alive after the death of Sophia Hedwig or both heirs, they shall be entitled to receive the inheritance.

Article 12: After Sophia Hedwig’s death, the marriage money shall be passed on to her children, regardless of whether they are from this or a subsequent marriage; if she dies without any legitimate heirs, the marriage money shall go to Heinrich Julius or his next ruling son.

Commentary

Original contract not divided into articles, but pages are numbered.

Literature

References

• Archive copy: NLA WO, 1 Alt 24, Nr 114
• Contract language archive copy: German

Recommended citation

Dynastische Eheverträge der frühen Neuzeit. Contract No. 316. Philipps University of Marburg. Available online at https://dynastische-ehevertraege.online.uni-marburg.de/en/vertraege/316.html.

@misc{ Dynastische Ehevertr{“a}ge der fr{”u}hen Neuzeit, 
title = {Dynastische Ehevertr{“a}ge der fr{”u}hen Neuzeit: Contract No. 316},
 url = {https://dynastische-ehevertraege.online.uni-marburg.de/en/vertraege/316.html}
}