Marriage contract no. 326: Württemberg - Hessen-Darmstadt

Contract content

(p. 03): Invocation of God

Preamble (pp. 03-04): Marriage decided

Article 1 (p. 04): Marriage decided, consummation mentioned

Article 2 (p. 04): Dowry (20,000 guilders) regulated; trousseau regulated; paraphernalia regulated, inheritance of paraphernalia regulated

Article 3 (pp. 05-07): Bride’s renunciation of all paternal, maternal, fraternal and cousin inheritance regulated, groom’s consent regulated; Inheritance provisions in the event of the death of the bride’s father without male heirs and inheritance provisions in the event of the extinction of the bride’s male line specified

Article 4 (pp. 07-08): Morning gift (one-time payment of 5,000 Reichstaler or 8,500 Gulden or 375 Gulden annually for life) regulated; right of use regulated; continued possession of the morning gift during a second marriage or widowhood regulated, redemption possible with 5,000 Reichstaler or 8,500 Gulden

Article 5 (p. 08): If the bride dies and there are no joint heirs: reversion of the morning gift regulated

Article 6 (p. 08): Redemption of the morning gift regulated

Article 7 (pp. 08-09): Hand money (1,000 guilders annually) regulated

Article 8 (p. 09): Donatio propter nuptias (20,000 guilders) regulated

Article 9 (pp. 09-10): Widow’s property regulated; rights of use, appurtenances, privileges, etc. regulated, register mentioned; prescription of dowry and donatio propter nuptias regulated; annual receipt of 5,000 guilders (interest on the morning gift not included; half in cash, the other half in wine) regulated; if the 5,000 guilders are not achieved: reimbursement regulated

Article 10 (pp. 10-11): Jurisdiction over widow’s estates regulated, ecclesiastical jurisdiction regulated, provincial and church regulations mentioned, inspection of pastors, customs duties regulated, fiefdoms regulated; opening of widow’s estates regulated

Article 11 (p. 11): Livestock regulated; household goods and movable property regulated

Article 12 (p. 12): Praise and obedience of subjects on widow’s estates regulated; rights etc. regulated; accession to widow’s estates regulated; receipt of money, fruit and wine regulated

Article 13 (p. 13): Regulations concerning officials on widow’s estates mentioned

Article 14 (p. 13): Debts regulated

Article 15 (p. 13): The subjects on the widow’s estates shall retain their rights, freedoms, etc.

Article 16 (p. 14): Protection of the bride regulated; opening, etc. of the widow’s estates by the bride excluded; Regulations concerning structural maintenance

Article 17 (pp. 14-15): If the groom dies before the bride and there are minor heirs: guardianship regulated as is customary in the Duchy of Württemberg, bride regulated as legitima tutrix for the period of widowhood, guardianship over the eldest son regulated; Regulation of the widow’s property, furnishings and condition, regulation of lifelong use during widowhood.

Article 18 (p. 15): If the groom dies before the bride, there are joint heirs, and then the bride dies: regulation of inheritance of the dowry, other possessions of the bride, trousseau, etc.

Article 19 (pp. 15-16): If the bride remarries after the death of the groom and there are biological heirs from both marriages: redemption of the widow’s dower (20,000 guilders of the dowry, the donation propter nuptias as an annual and lifelong payment of 1,000 guilders) is regulated; inheritance of dowry, paraphernalia, etc. in equal shares to the descendants from the first and second marriages; if there are no descendants from the second marriage: inheritance to the descendants from the first marriage.

Article 20 (pp. 16-17): If the bride remarries after the death of the groom and there are only biological heirs from the second marriage: inheritance of the dowry, etc. to the descendants from the second marriage is regulated; if there are no descendants from the first and/or second marriage: reversion is regulated, rights of use over the widow’s property until repayment is regulated

Article 21 (p. 17): If the bride dies before the groom and there are no joint biological heirs: The groom receives the lifelong right of disposal over the dowry, the trousseau and the other possessions of the bride, inventory list regulated; after the death of the groom: Reversion regulated, rights of use over the widow’s property regulated until repayment

Article 22 (p. 18): 8,500 guilders principal and 375 guilders annual interest regulated as morning gift, prescription regulated, inheritance regulated, rights of use regulated

Article 23 (pp. 18-19): If the bride dies without issue and leaves no will: inheritance of the morning gift to the heirs and descendants of the groom regulated; if the bride bequeaths the morning gift: redemption regulated

Article 24 (p. 19): inheritance of the trousseau and gifts according to the bride’s will regulated

Article 25 (p. 19): If the bride leaves descendants from her first and/or second marriage and no will is available: inheritance of jewellery, trinkets, etc. regulated

Article 26 (pp. 19-20): Inventory list of silverware and gifts regulated; distribution regulated; Inheritance of the bride’s share regulated; inheritance of jewellery and trinkets etc. regulated, rights of use of the widow’s property until repayment regulated

Article 27 (p. 20): Debt repayment regulated

Article 28 (p. 21): Appointment of church and school servants on the widow’s property regulated

Article 29 (p. 21): If the bride or groom dies before consummation of the marriage: marriage contract invalid

Article 30 (pp. 21-22): Compliance with the contract promised

Place, date, signatures

Regulations on succession to the throne

Confessional regulations

Regulations on inheritance law

Article 2 (p. 04): Dowry (20,000 guilders) regulated; trousseau regulated; paraphernalia regulated, inheritance of paraphernalia regulated

Article 3 (pp. 05-07): Renunciation of inheritance by the bride of all paternal, maternal, fraternal and cousinly inheritance regulated; consent of the groom regulated; inheritance regulations in the event of the death of the bride’s father without male heirs and inheritance regulations in the event of the extinction of the bride’s male line specified

Article 5 (p. 08): If the bride dies and there are no joint biological heirs: reversion of the morning gift regulated

Article 17 (pp. 14-15): If the groom dies before the bride and there are minor heirs: guardianship as customary in the Duchy of Württemberg, bride as legitima tutrix for the period of widowhood, guardianship over the eldest son; reference, trousseau and condition of the widow’s property, lifetime use during widowhood

Article 18 (p. 15): If the groom dies before the bride, there are joint heirs, and then the bride dies: inheritance of the dowry, the bride’s other possessions, the trousseau, etc. is regulated

Article 19 (pp. 15-16): If the bride remarries after the death of the groom and there are biological heirs from both marriages: redemption of the widow’s dower (20,000 guilders of the dowry, the donatio propter nuptias as an annual and lifelong payment of 1,000 guilders) is regulated; inheritance of dowry, paraphernalia, etc. in equal shares to the descendants from the first and second marriages; if there are no descendants from the second marriage: inheritance to the descendants from the first marriage.

Article 20 (pp. 16-17): If the bride remarries after the death of the groom and there are only biological heirs from the second marriage: inheritance of the dowry, etc. to the descendants from the second marriage is regulated; if there are no descendants from the first and/or second marriage: reversion is regulated, rights of use over the widow’s property until repayment is regulated

Article 21 (p. 17): If the bride dies before the groom and there are no joint biological heirs: The groom receives the lifelong right of disposal over the dowry, the trousseau and the other possessions of the bride, inventory list regulated; after the death of the groom: Reversion regulated, rights of use over the widow’s property regulated until repayment

Article 22 (p. 18): 8,500 guilders principal and 375 guilders annual interest regulated as morning gift, prescription regulated, inheritance regulated, rights of use regulated

Article 23 (pp. 18-19): If the bride dies without issue and leaves no will: inheritance of the morning gift to the heirs and descendants of the groom regulated; if the bride bequeaths the morning gift: redemption regulated

Article 24 (p. 19): Inheritance of the trousseau and gifts according to the bride’s will regulated

Article 25 (p. 19): If the bride leaves descendants from her first and/or second marriage and no will exists: inheritance of jewellery, trinkets, etc. regulated

Article 26 (pp. 19-20): Inventory list of silverware and gifts regulated; distribution regulated; inheritance of the bride’s share regulated; inheritance of jewellery and trinkets etc. regulated, rights of use of the widow’s property until repayment regulated

Estates involved

External authorities involved

Ratifications, confirmations, approvals

Article 3 (pp. 05-07): Renunciation of inheritance by the bride of all paternal, maternal, fraternal and cousinly inheritance regulated; consent of the groom regulated; inheritance regulations in the event of the death of the bride’s father without male heirs and inheritance regulations in the event of the extinction of the bride’s male line specified

Text reference to past events

Further contracts between contracting parties

Commentary

No numbering of contract pages

Seal present

Original contract divided into articles

Further documents relating to the marriage under B1 No. 462 (also marriage contract) and B1 No. 463 (dated 18 January 1673, contains ratification by the councillors, etc.)

Literature

References

• Archive copy: HStAD B 1 Nr. 461
• Contract language archive copy: German
• Digitized archive copy: https://arcinsys.hessen.de/arcinsys/digitalMediaViewer.action?archivalDescriptionId=1270818

Recommended citation

Dynastische Eheverträge der frühen Neuzeit. Contract No. 326. Philipps University of Marburg. Available online at https://dynastische-ehevertraege.online.uni-marburg.de/en/vertraege/326.html.

@misc{ Dynastische Ehevertr{“a}ge der fr{”u}hen Neuzeit, 
title = {Dynastische Ehevertr{“a}ge der fr{”u}hen Neuzeit: Contract No. 326},
 url = {https://dynastische-ehevertraege.online.uni-marburg.de/en/vertraege/326.html}
}