Marriage contract no. 332: Braunschweig(-Calenberg) - Hessen-Darmstadt

Contract content

(p. 02): Table of contents

Preface (p. 05): Marriage decided; consent of the groom’s brothers mentioned; consent of Moritz Landgrave of Hesse mentioned

Article 1 (pp. 05-06): Consumption of the marriage regulated; dowry amounts to 20,000 guilders, payment arrangements specified, expenses regulated; trousseau regulated; death of the bride’s mother mentioned, maternal inheritance regulated

Article 2 (p. 06): Fraternisation of inheritance mentioned; bride’s renunciation of inheritance for herself and her heirs regulated, groom’s consent regulated; if the bride’s father has no male heirs: the 20,000 guilders of the bride’s mother are divided between the bride and her sisters, will mentioned

Article 3 (p. 06): If the bride’s male line dies out: the bride and her heirs receive the usual inheritance share for a daughter

Article 4 (pp. 06-08): The morning gift amounts to 6,000 guilders in principal and 300 guilders in benefits; the donation propter nuptias amounts to 20,000 guilders; referral of the 40,000 guilders to property regulated, prescription to other persons excluded; widow’s residence regulated, appurtenances, privileges, etc. regulated; annual receipt of 4,000 guilders regulated, further provision regulated

Article 5 (pp. 08-09): Construction and firewood regulated; corvée labour regulated; in case of defects: reimbursement regulated; praise, shaving and homage of officials and subjects on the widow’s estates regulated; lifelong right of use of the widow’s dower regulated; obedience, etc. of subjects regulated

Article 6 (p. 09): If the widow’s estates are burdened with debts: reimbursement by the groom’s brother and his heirs regulated

Article 7 (p. 09): Allocation of parishes on the widow’s estates regulated, church order regulated; allocation of other ecclesiastical fiefs and knightly fiefs by the groom’s brother

Article 8 (pp. 09-10): The subjects on the widow’s estates shall retain their freedoms, rights, etc.; reservations for the brother of the groom and the successors to the government are regulated (sovereign and ecclesiastical authorities, hereditary homage, opening, ecclesiastical jurisdiction, land tax, etc.); possible opening of the widow’s residence: compensation for the bride regulated, settlement and deadlines regulated

Article 9 (p. 10): Protection and guardianship of the bride regulated; opening, allocation, etc. of the widow’s estates by the bride excluded, encumbrance with debts excluded; structural maintenance regulated

Article 10 (p. 10): If the groom dies before the bride and there are minor heirs: guardianship as usual for Brunswick-Lüneburg, bride as legitima tutrix; structural condition of the widow’s property; taking possession of the widow’s property; lifelong right of use in widowhood

Article 11 (pp. 10-11): If the groom dies before the bride: The bride receives her other possessions, her trousseau, gifts, etc.; annual use, food mentioned; household goods regulated; inventory regulated; reimbursement for defects regulated

Article 12 (pp. 11-12): If the widow remarries: redemption of the widow’s dower with 20,000 guilders of the dowry and 20,000 guilders of the donatio propter nuptias regulated, as an alternative to the payment of 20,000 guilders of the donatio propter nuptias: annual and lifelong payment of 1,000 guilders pension regulated; lifelong right of use regulated; after the death of the bride: the dowry and the donatio propter nuptias shall pass to the heirs of the body from the marriage to Duke Georg or their heirs of the body

Article 13 (pp. 12-13): If the widow dies and there are heirs of the body from her second marriage: the dowry and the donatio propter nuptias shall be divided equally between the descendants from the first and second marriages; the 20,000 guilders of the donation propter nuptias shall pass to the heirs of Duke Georg; if there are no heirs from the marriage to Duke Georg: the aforementioned rules apply, inheritance of the dowry to the descendants is regulated; if there are no heirs: reversion of the dowry to the bride’s father and his heirs is regulated; Regulation of the reversion of the donation propter nuptias to the groom’s brother and his heirs; until the dowry is repaid: the bride’s heirs receive the widow’s property as a pledge, obedience, oath, etc. of the subjects regulated

Article 14 (p. 13): If the bride dies before the groom and there are no common descendants: the groom receives the lifelong right of use of the dowry; after the death of the groom: reversion of the dowry to the bride’s father and his heirs regulated; rules on pledging as stated until payment of the dowry

Article 15 (p. 13): Morning gift of 6,000 guilders in principal or 300 guilders in annual interest regulated, payment regulations specified, inheritance regulated

Article 16 (pp. 13-14): If the bride dies without bodily heirs and the morning gift is not otherwise bequeathed: inheritance to Duke Christian and his descendants regulated; Inheritance of the morning gift according to the wishes of the bride: Redemption of the morning gift regulated

Article 17 (p. 14): Inheritance of the bride’s trousseau and other possessions according to the wishes of the bride; if there are descendants from a first or second marriage: If no other will exists, inheritance to the descendants regulated

Article 18 (pp. 14-15): Inventory of silver tableware regulated; half of the silver tableware goes to the groom, the other half to the bride; inheritance regulated; inheritance of the bride’s trousseau and other possessions mentioned; rights of use of widow’s property regulated until return

Article 19 (p. 15): Settlement of debts regulated

Article 20 (p. 15): If the bride or groom dies before consummation of the marriage: marriage contract invalid

Article 21 (pp. 15-16): Compliance with the contract promised

Article 22 (p. 16): Signatures of the parties involved, the groom’s brothers, the Landgraves of Hesse; mention of cousin’s approval, place and date, signatures

Confessional regulations

Article 7 (p. 09): Allocation of parishes on the widow’s estates regulated, church order regulated; allocation of other ecclesiastical fiefs and knightly fiefs by the groom’s brother

Regulations on inheritance law

Article 1 (pp. 05-06): Consumption of the marriage regulated; dowry amounts to 20,000 guilders, payment arrangements specified, expenses regulated; trousseau regulated; death of the bride’s mother mentioned, maternal inheritance regulated

Article 2 (p. 06): Fraternisation of inheritance mentioned; bride’s renunciation of inheritance for herself and her heirs regulated, groom’s consent regulated; if the bride’s father has no male heirs: the 20,000 guilders of the bride’s mother are divided between the bride and her sisters, will mentioned

Article 3 (p. 06): If the bride’s male line dies out: the bride and her heirs receive the usual inheritance share for a daughter

Article 10 (p. 10): If the groom dies before the bride and there are minor heirs: guardianship as usual for Brunswick-Lüneburg, bride as legitima tutrix; structural condition of the widow’s property; taking possession of the widow’s property; lifelong right of use in widowhood

Article 11 (pp. 10-11): If the groom dies before the bride: The bride receives her other possessions, her trousseau, gifts, etc.; annual use, food mentioned; household goods regulated; inventory regulated; reimbursement for defects regulated

Article 12 (pp. 11-12): If the widow remarries: redemption of the widow’s dower with 20,000 guilders of the dowry and 20,000 guilders of the donatio propter nuptias regulated, as an alternative to the payment of 20,000 guilders of the donatio propter nuptias: annual and lifelong payment of 1,000 guilders pension regulated; lifelong right of use regulated; after the death of the bride: the dowry and the donatio propter nuptias shall pass to the heirs of the body from the marriage to Duke Georg or their heirs of the body

Article 13 (pp. 12-13): If the widow dies and there are heirs of the body from her second marriage: the dowry and the donatio propter nuptias shall be divided equally between the descendants from the first and second marriages; the 20,000 guilders of the donation propter nuptias shall pass to the heirs of Duke Georg; if there are no heirs from the marriage to Duke Georg: the aforementioned rules apply, inheritance of the dowry to the descendants is regulated; if there are no heirs: reversion of the dowry to the bride’s father and his heirs is regulated; Regulation of the reversion of the donation propter nuptias to the groom’s brother and his heirs; until the dowry is repaid: the bride’s heirs receive the widow’s property as a pledge, obedience, oath, etc. of the subjects regulated

Article 14 (p. 13): If the bride dies before the groom and there are no common descendants: the groom receives the lifelong right of use of the dowry; after the death of the groom: reversion of the dowry to the bride’s father and his heirs regulated; rules on pledging as stated until payment of the dowry

Article 15 (p. 13): Morning gift of 6,000 guilders in principal or 300 guilders in annual interest regulated, payment regulations specified, inheritance regulated

Article 16 (pp. 13-14): If the bride dies without bodily heirs and the morning gift is not otherwise bequeathed: inheritance to Duke Christian and his descendants regulated; Inheritance of the morning gift according to the wishes of the bride: Redemption of the morning gift regulated

Article 17 (p. 14): Inheritance of the bride’s trousseau and other possessions according to the wishes of the bride; if there are descendants from a first or second marriage: If no other will exists, inheritance to the descendants regulated

Article 18 (pp. 14-15): Inventory of silver tableware regulated; half of the silver tableware goes to the groom, the other half to the bride; inheritance regulated; inheritance of the bride’s trousseau and other possessions mentioned; rights of use of widow’s property regulated until return

Ratifications, confirmations, approvals

Preface (p. 05): Marriage decided; consent of the groom’s brothers mentioned; consent of Moritz Landgrave of Hesse mentioned

Article 22 (p. 16): Signatures of the parties involved, the groom’s brothers, the Landgraves of Hesse; mention of cousin’s approval, place and date, signatures

Text reference to past events

Article 1 (pp. 05-06): Consumption of the marriage regulated; dowry amounts to 20,000 guilders, payment arrangements specified, expenses regulated; trousseau regulated; death of the bride’s mother mentioned, maternal inheritance regulated

Further contracts between contracting parties

Commentary

No pagination/numbering of contract pages; original contract divided into articles.

Literature

References

• Archive copy: HStAD B 1 Nr. 267
• Contract language archive copy: German
• Digitized archive copy: https://arcinsys.hessen.de/arcinsys/digitalMediaViewer.action?archivalDescriptionId=861871>

Recommended citation

Dynastische Eheverträge der frühen Neuzeit. Contract No. 332. Philipps University of Marburg. Available online at https://dynastische-ehevertraege.online.uni-marburg.de/en/vertraege/332.html.

@misc{ Dynastische Ehevertr{“a}ge der fr{”u}hen Neuzeit, 
title = {Dynastische Ehevertr{“a}ge der fr{”u}hen Neuzeit: Contract No. 332},
 url = {https://dynastische-ehevertraege.online.uni-marburg.de/en/vertraege/332.html}
}