Marriage contract no. 330: Württemberg - Hessen-Darmstadt

Contract content

(p. 04): Invocation of God

Preamble (p. 04): Consent of the groom’s brother and the bride’s father’s brothers mentioned; marriage decided

Article 1 (p. 05-06): Consumption of the marriage regulated; bringing home mentioned; 20,000 guilders as dowry regulated, payment arrangements mentioned; trousseau regulated; inheritance from the bride’s mother’s estate regulated, inventory regulated; paraphernalia regulated, inheritance according to the bride’s wishes regulated, if the bride does not leave a will: inheritance of the paraphernalia to the bride’s next heirs regulated

Article 2 (pp. 06-07): Mention of inheritance rights; regulation of the bride’s renunciation of inheritance for herself and her heirs to all paternal, maternal, fraternal and cousin inheritance, mention of the groom’s consent; if the bride’s father dies without male heirs: the bride and her sisters inherit the 20,000 guilders of the bride’s mother

Article 3 (p. 07): If the bride’s line dies out in the male line: the bride’s inheritance is regulated in accordance with that of a daughter

Article 4 (pp. 07-09): 4,000 guilders regulated as the principal amount of the morning gift, 250 guilders regulated as use, payment arrangements specified; the donation propter nuptias amounts to 20,000 guilders, prescription regulated; widow’s residence regulated, establishment of the widow’s residence regulated, rights of use regulated, appurtenances regulated; 2,000 guilders annual income regulated?; foodstuffs regulated

Article 5 (pp. 09-10): Wood regulated; Services of subjects on the widow’s estates regulated, livestock mentioned

Article 6 (pp. 10-11): Surplus income regulated; in case of shortages: reimbursement regulated; oath and homage of subjects on the widow’s estates regulated; assumption of the widow’s dower regulated; obedience of subjects regulated

Article 7 (p. 11): Settlement of complaints on the widow’s estates by the groom or his heirs regulated

Article 8 (p. 11): Church order mentioned; feudal grants regulated

Article 9 (pp. 11-12): The subjects on the widow’s estates shall retain their freedoms, rights, etc.; mention of hereditary homage; opening regulated

Article 10 (p. 12): In the event of damage to the widow’s dower: settlement regulated

Article 11 (pp. 12-13): Protection and guardianship of the widow on the widow’s estates regulated; Opening, allocation, etc. of the widow’s property by the bride is excluded; encumbrance with debts is excluded; maintenance is regulated.

Article 12 (pp. 13-14): If the groom dies before the bride and there are joint, underage heirs: The bride as legitima tutrix regulated; lifelong use of the widow’s dower during widowhood regulated; receipt of the trousseau, other possessions, etc. regulated; provision of food regulated; household goods regulated, reimbursement for defects regulated; inventory regulated; establishment of the widow’s residence regulated.

Article 13 (pp. 14-15): If the bride remarries after the death of the groom: redemption of the widow’s dower with 20,000 guilders of the dowry and 20,000 guilders of the donatio propter nuptias regulated; instead of a payment of 20,000 guilders of the donatio propter nuptias: lifelong payment of 1,000 guilders as a pension possible; lifelong use of the sums regulated; after the death of the bride: inheritance by the heirs of the first marriage regulated, after their death: inheritance by their heirs regulated

Article 14 (pp. 16-17): If there are descendants from the second marriage: The dowry, the paraphernal property and the other possessions of the bride shall be inherited by the heirs from the first and second marriages, the 20,000 guilders of the donation propter nuptias shall be inherited by the heirs from the first marriage; if there are no descendants from the first marriage: inheritance of the dowry by the descendants from the second marriage regulated, if there are no descendants from the second marriage: inheritance to the bride’s father, his sons, brothers and next heirs; if the donatio propter nuptias was paid in cash: reversion to the groom’s heirs; provisions until repayment of the dowry (right of use of the widow’s property)

Article 15 (pp. 17-19): If the bride dies before the groom and there are no joint descendants: The groom receives the lifelong right of use of the dowry; after the death of the groom: Reversion to the bride’s father and his heir regulated, regulations until repayment of the dowry specified (right of use of the widow’s property); 4,000 guilders as principal and 250 guilders as annual income from the morning gift are regulated; the bride may bequeath the morning gift to her descendants or according to her wishes; if the bride has not designated any heirs: the morning gift reverts to the groom or his heirs, payment arrangements are specified; Inheritance of the trousseau according to the bride’s wishes; if there are descendants: the descendants receive the trousseau at their weddings if the bride has not left any other will.

Article 16 (p. 20): If the bride dies before the groom: Inheritance of wedding gifts and other gifts to the joint descendants is regulated; if there are no descendants: half shall be inherited by the bride’s father and his heirs, the other half by the groom and his heirs; the groom receives the right of use for life.

Article 17 (p. 20): Settlement of debts is regulated.

Article 18 (p. 20): Other provisions not mentioned separately: Validity of customary rights, house laws, regulations and inheritance brotherhood of Saxony and Hesse, etc. regulated

Article 19 (p. 21): If the bride or groom dies before consummation of the marriage: Marriage contract invalid

Article 20 (p. 21): Promise to comply with the contract

Article 21 (pp. 21-22): Signatures of the bride’s father’s brothers; approval and confirmation regulated; sealing; place, date, signatures

Regulations on succession to the throne

Confessional regulations

Article 8 (p. 11): Church order mentioned; feudal grants regulated

Regulations on inheritance law

Article 1 (p. 05-06): Consumption of the marriage regulated; bringing home mentioned; 20,000 guilders as dowry regulated, payment arrangements mentioned; trousseau regulated; inheritance from the bride’s mother’s estate regulated, inventory regulated; paraphernalia regulated, inheritance according to the bride’s wishes regulated, if the bride does not leave a will: inheritance of the paraphernalia to the bride’s next heirs regulated

Article 2 (pp. 06-07): Mention of inheritance rights; regulation of the bride’s renunciation of inheritance for herself and her heirs to all paternal, maternal, fraternal and cousin inheritance, mention of the groom’s consent; if the bride’s father dies without male heirs: the bride and her sisters inherit the 20,000 guilders of the bride’s mother

Article 3 (p. 07): If the bride’s line dies out in the male line: the bride’s inheritance is regulated in accordance with that of a daughter

Article 12 (pp. 13-14): If the groom dies before the bride and there are joint, underage heirs: The bride as legitima tutrix regulated; lifelong use of the widow’s dower during widowhood regulated; receipt of the trousseau, other possessions, etc. regulated; provision of food regulated; household goods regulated, reimbursement for defects regulated; inventory regulated; establishment of the widow’s residence regulated.

Article 13 (pp. 14-15): If the bride remarries after the death of the groom: redemption of the widow’s dower with 20,000 guilders of the dowry and 20,000 guilders of the donatio propter nuptias regulated; instead of a payment of 20,000 guilders of the donatio propter nuptias: lifelong payment of 1,000 guilders as a pension possible; lifelong use of the sums regulated; after the death of the bride: inheritance by the heirs of the first marriage regulated, after their death: inheritance by their heirs regulated

Article 14 (pp. 16-17): If there are descendants from the second marriage: The dowry, the paraphernal property and the other possessions of the bride shall be inherited by the heirs from the first and second marriages, the 20,000 guilders of the donation propter nuptias shall be inherited by the heirs from the first marriage; if there are no descendants from the first marriage: inheritance of the dowry by the descendants from the second marriage regulated, if there are no descendants from the second marriage: inheritance to the bride’s father, his sons, brothers and next heirs; if the donatio propter nuptias was paid in cash: reversion to the groom’s heirs; provisions until repayment of the dowry (right of use of the widow’s property)

Article 15 (pp. 17-19): If the bride dies before the groom and there are no joint descendants: The groom receives the lifelong right of use of the dowry; after the death of the groom: Reversion to the bride’s father and his heir regulated, regulations until repayment of the dowry specified (right of use of the widow’s property); 4,000 guilders as principal and 250 guilders as annual income from the morning gift are regulated; the bride may bequeath the morning gift to her descendants or according to her wishes; if the bride has not designated any heirs: the morning gift reverts to the groom or his heirs, payment arrangements are specified; Inheritance of the trousseau according to the bride’s wishes; if there are descendants: the descendants receive the trousseau at their weddings if the bride has not left any other will.

Article 16 (p. 20): If the bride dies before the groom: Inheritance of wedding gifts and other gifts to the joint descendants is regulated; if there are no descendants: half shall be inherited by the bride’s father and his heirs, the other half by the groom and his heirs; the groom receives the right of use for life.

Ratifications, confirmations, approvals

Preamble (p. 04): Consent of the groom’s brother and the bride’s father’s brothers mentioned; marriage decided

Article 2 (pp. 06-07): Mention of inheritance rights; regulation of the bride’s renunciation of inheritance for herself and her heirs to all paternal, maternal, fraternal and cousin inheritance, mention of the groom’s consent; if the bride’s father dies without male heirs: the bride and her sisters inherit the 20,000 guilders of the bride’s mother

Article 21 (pp. 21-22): Signatures of the bride’s father’s brothers; approval and confirmation regulated; sealing; place, date, signatures

Commentary

No numbering/foldering of contract pages; original contract divided into articles

Literature

References

• Archive copy: HStAD B 1 Nr. 258
• Contract language archive copy: German
• Digitized archive copy: https://dfg-viewer.de/show/?set[mets]=https://arcinsys.hessen.de/arcinsys/mets?detailid=v1487999

Recommended citation

Dynastische Eheverträge der frühen Neuzeit. Contract No. 330. Philipps University of Marburg. Available online at https://dynastische-ehevertraege.online.uni-marburg.de/en/vertraege/330.html.

@misc{ Dynastische Ehevertr{“a}ge der fr{”u}hen Neuzeit, 
title = {Dynastische Ehevertr{“a}ge der fr{”u}hen Neuzeit: Contract No. 330},
 url = {https://dynastische-ehevertraege.online.uni-marburg.de/en/vertraege/330.html}
}