Marriage contract no. 321: Sachsen - Braunschweig-Lüneburg-Wolfenbüttel

Contract content

Preamble – Invocation of God, declaration of marriage between the widowed Elisabeth and Johann Philipp according to Christian rites, mention of the consummation of the marriage

Article 1 - Payment of the dowry in the amount of 20,000 guilders agreed upon after consummation of the marriage, in addition to a trousseau in the form of jewelry, precious items, silverware, and clothing to furnish Elisabeth in a manner befitting her status

Article 2 - Elisabeth shall continue to have access to the 2,300 guilders per annum from the morning gift and donation propter nuptias of her previous marriage to Duke August of Saxony

Article 3 - After consummation of the marriage, Johann Philipp shall pay a morning gift of 6,000 guilders in principal and 300 guilders in annual rent, corresponding prescription mentioned

Article 4 - Donatio propter nuptias of 20,000 guilders mentioned

Article 5 - The widow’s residence shall be the castle, town, and office of Eisenberg, with annual income of 4,000 guilders, which shall be compensated accordingly in the event of shortfalls; in addition, she shall be supplied with game by the hunters and receive construction and firewood

Article 6 – Mention of homage and oaths of allegiance by servants and officials after the wedding

Article 7 – Elisabeth shall be able to exercise power over the castle, office, and associated villages or towns without interference from Johann Philipp’s descendants; they shall only be able to intervene in emergencies and without incurring any costs for Elisabeth

Article 8 – Inspection of the dower estates by Friedrich Ulrich decided and reaffirmation that any defects or losses are to be rectified by Johann Philipp and his heirs, with the house and office of Ronneburg mentioned as insurance

Article 9 – Subjects in the dower offices are not to be restricted in their spiritual and secular freedoms by Elisabeth

Article 10 – The dower estates and corresponding appurtenances may not be opened to others by Elisabeth without the consent of Johann Philipp and his heirs.

Article 11 – Elisabeth is obliged to maintain the dower residence and castle in good structural condition, but is not responsible for other basic construction measures.

Article 12 – Renunciation of inheritance regulated.

Article 13 - In the event of Elisabeth’s death after the marital bed, Johann Philipp shall, if there are no joint heirs, have lifelong disposal of the 20,000 guilders dowry, which shall revert to Friedrich Ulrich and his heirs in the event of Johann Philipp’s death; until the dowry has been paid out, Friedrich Ulrich and his heirs shall be entitled to 2,000 guilders annually; the morning gift shall be payable to Johann Philipp’s heirs, unless Elisabeth has made other arrangements.

Article 14 - In the event of Elisabeth’s death without joint heirs with Johann Philipp, her trousseau, including an inventory, shall be payable to Johann Philipp until his own death, in which case all such items shall revert to Friedrich Ulrich and his heirs or the ruling sovereign.

Article 15 - If joint heirs per die die without their own heirs, the reversion shall be handled in the same manner.

Article 16 - If the joint heirs survive Elisabeth, they shall be entitled to the 20,000 guilders marriage settlement and trousseau.

Article 17 - If Johann Philipp should die before Elisabeth and there are joint minor heirs, they shall be placed under guardianship and Elisabeth shall have the power to move into the widow’s residence in appropriate condition, to dispose of the morning gift, and to receive the annual income of 4,000 guilders without hindrance from Johann Philipp’s heirs.

Article 18 - When moving into the widow’s residence, it shall be supplied with as much beer, wine, other beverages, grain, and other supplies and provisions as the dowry would produce within a year; in addition, necessary household appliances shall be provided, and Elisabeth shall be able to move in with all her belongings without any hindrance.

Article 19 - However, should Elisabeth change her widowhood and remarry, she must relinquish the widow’s estate and pay out both the dowry and the morning gift, whereby she shall be insured with 2,000 guilders annually instead of the donation propter nuptias; she shall be able to dispose of the dowry for the rest of her life, and upon her death, these funds shall go to the heirs acquired jointly with Johann Philipp.

Article 20 - If Elisabeth should have children in a subsequent marriage, the dowry would be divided among the children from the various marriages in the event of her death.

Article 21 - Elisabeth must not leave the widow’s estate until the 20,000 guilders dowry has been paid out, and only then shall servants and officials be released from their oaths.

Article 22 - Dowry clause mentioned; if Elisabeth and Johann Philipp have no children together or if these children die before their parents, the dowry and donation propter nuptias shall revert to Friedrich Ulrich and his heirs or Johann Philipp and his heirs

Article 23 - After Johann Philipp’s death, Elisabeth shall not be burdened with his debts, regardless of whether these were incurred before or after the consummation of the marriage; However, she shall not make any further claims against Johann Philipp or his heirs other than those mentioned above.

Article 24 - If either party should die before consummation of the marriage, neither party shall be obliged to comply with the points discussed in the contract.

Article 25 - Affirmation by both parties to abide by the contract.

Regulations on succession to the throne

Confessional regulations

Article 9 – Subjects in the dower offices are not to be restricted in their spiritual and secular freedoms by Elisabeth

Regulations on inheritance law

Article 12 – Renunciation of inheritance regulated.

Article 13 - In the event of Elisabeth’s death after the marital bed, Johann Philipp shall, if there are no joint heirs, have lifelong disposal of the 20,000 guilders dowry, which shall revert to Friedrich Ulrich and his heirs in the event of Johann Philipp’s death; until the dowry has been paid out, Friedrich Ulrich and his heirs shall be entitled to 2,000 guilders annually; the morning gift shall be payable to Johann Philipp’s heirs, unless Elisabeth has made other arrangements.

Article 14 - In the event of Elisabeth’s death without joint heirs with Johann Philipp, her trousseau, including an inventory, shall be payable to Johann Philipp until his own death, in which case all such items shall revert to Friedrich Ulrich and his heirs or the ruling sovereign.

Article 15 - If joint heirs per die die without their own heirs, the reversion shall be handled in the same manner.

Article 16 - If the joint heirs survive Elisabeth, they shall be entitled to the 20,000 guilders marriage settlement and trousseau.

Article 19 - However, should Elisabeth change her widowhood and remarry, she must relinquish the widow’s estate and pay out both the dowry and the morning gift, whereby she shall be insured with 2,000 guilders annually instead of the donation propter nuptias; she shall be able to dispose of the dowry for the rest of her life, and upon her death, these funds shall go to the heirs acquired jointly with Johann Philipp.

Article 20 - If Elisabeth should have children in a subsequent marriage, the dowry would be divided among the children from the various marriages in the event of her death.

Article 22 - Dowry clause mentioned; if Elisabeth and Johann Philipp have no children together or if these children die before their parents, the dowry and donation propter nuptias shall revert to Friedrich Ulrich and his heirs or Johann Philipp and his heirs

Estates involved

External authorities involved

Ratifications, confirmations, approvals

Text reference to past events

Article 2 - Elisabeth shall continue to have access to the 2,300 guilders per annum from the morning gift and donation propter nuptias of her previous marriage to Duke August of Saxony

Further contracts between contracting parties

Commentary

Original contract not divided into articles.

Literature

Pasch, E., “Johann Philipp” in: Allgemeine Deutsche Biographie 14 (1881), S. 366-368 [online version]; URL: https://www.deutsche-biographie.de/pnd102109176.html#adbcontent

References

• Archive copy: NLA WO, 3 Urk, 4 Nr. 40
• Contract language archive copy: German

Recommended citation

Dynastische Eheverträge der frühen Neuzeit. Contract No. 321. Philipps University of Marburg. Available online at https://dynastische-ehevertraege.online.uni-marburg.de/en/vertraege/321.html.

@misc{ Dynastische Ehevertr{“a}ge der fr{”u}hen Neuzeit, 
title = {Dynastische Ehevertr{“a}ge der fr{”u}hen Neuzeit: Contract No. 321},
 url = {https://dynastische-ehevertraege.online.uni-marburg.de/en/vertraege/321.html}
}