Marriage contract no. 333: Hessen-Darmstadt - Kursachsen

Contract content

Article 1 (fol. 02r-02v): Marriage agreed

Article 2 (fol. 02v-03r): Marriage agreed, consummation mentioned

Article 3 (fol. 03r-03v): The dowry amounts to 30,000 talers, payment terms specified; waiver mentioned; receipt regulated; trousseau regulated

Article 4 (fol. 03v-04r): The morning gift amounts to 7,000 talers or 350 talers annually, prescription mentioned

Article 5 (fol. 04r-05v): The donation propter nuptias amounts to 30,000 talers, prescription regulated; widow’s residence regulated, appurtenances etc. regulated; receipt of 6,000 talers annually regulated, further maintenance regulated, reimbursement for defects regulated; corvée labour, wood, etc. regulated

Article 6 (fol. 05v): Life estate regulated, remuneration of officials and servants regulated

Article 7 (fol. 05v-06r): Appointment and dismissal of officials regulated

Article 8 (fol. 06r): Praise, oaths and homage of officials and subjects on the widow’s estates regulated, prescription mentioned

Article 9 (fol. 06r-06v): Commandments, prohibitions, etc. on the widow’s estates regulated according to tradition?

Article 10 (fol. 06v-07r): Opening of the widow’s estates regulated

Article 11 (fol. 07r-07v): Appointment of church and school servants on the widow’s estates regulated

Article 12 (fol. 07v-08v): Inspection of the widow’s estates regulated; Compensation for defects regulated; Prescriptions, mortgages, etc. regulated

Article 13 (fol. 08v): Condition of the widow’s estates regulated

Article 14 (fol. 08v): Protection of the bride on the widow’s estates regulated

Article 15 (fol. 08v-09r): The subjects on the widow’s estates shall retain their rights, etc.

Article 16 (fol. 09r-09v): Opening of the widow’s estates by the bride without permission from the heirs of the groom’s father or his heirs is excluded; encumbrance with debts is excluded; structural repairs, etc. are regulated

Article 17 (fol. 09v-10r): Regulation of the bride’s renunciation of inheritance for herself and her heirs to all paternal and future inheritance; if the male line of the bride’s house dies out: the bride and her heirs receive the usual share of the inheritance

Article 18 (fol. 10r-11r): If the bride dies before the groom and there are no common biological heirs: 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 house regulated, until repayment the heirs receive the use of the widow’s property and 3,000 talers annually; Oaths, vows, obedience of officials regulated

Article 19 (fol. 11r-11v): Oaths and duties of officials on the widow’s property regulated; homage mentioned

Article 20 (fol. 11v): Payment of 30,000 talers in Leipzig regulated.

Article 21 (fol. 11v-12r): Inheritance of the morning gift according to the bride’s will regulated; if the bride does not leave a will: inheritance by the groom and his heirs regulated.

Article 22 (fol. 12r): If the bride dies before the groom and there are no joint biological heirs: the groom receives the lifelong right of use of the trousseau, unless a will contradicts this; inventory list regulated; after the death of the groom: reversion regulated

Article 23 (fol. 12r-12v): If legitimate heirs are born but die before the bride: inheritance regulations regarding the donatio propter nuptias as previously stipulated

Article 24 (fol. 12v-13r): If the bride dies and there are joint heirs: the heirs receive the dowry and the jewels; the heirs may bequeath these to their descendants

Article 25 (fol. 13r-14r): If the groom dies before the bride and there are minor children: guardianship is regulated in accordance with the usual rules of the principality; the widow’s estate is regulated regardless of whether there are joint children or not; prior settlement of debts of the widow’s estate is regulated; Trousseau of various goods regulated; lifelong right of use in widowhood regulated.

Article 26 (fol. 14r-14v): Provision of food regulated.

Article 27 (fol. 14v): Receipt of widow’s dower, life estate, dowry, etc. after the death of the groom regulated.

Article 28 (fol. 14v-15v): If the widow remarries: redemption of the Leibgeding with 30,000 talers, 7,000 talers morning gift, and 3,000 talers annually and for life instead of the donatio propter nuptias regulated; after the death of the bride: The 3,000 talers of the donation propter nuptias shall go to the heirs of the groom, their heirs or the next heirs of the groom

Article 29 (fol. 15v): If the widow remarries and has heirs from the second marriage: The dowry shall go to the heirs from the first and second marriages.

Article 30 (fol. 15v-16r): Transfer of personal property and widow’s dower regulated

Article 31 (fol. 16r): If the groom dies before the bride and there are no common descendants from the first marriage: the widow’s property shall be transferred as regulated above; after the death of the bride: the dowry shall revert to the bride’s family, and the donatio propter nuptias shall go to the groom’s family

Article 32 (fol. 16v): After the death of the groom, the widow shall not bear any of his debts.

Article 33 (fol. 16v-17r): Confirmation of the inheritance statutes of the Darmstadt house; succession by the groom and his sons in descending line.

Article 34 (fol. 17r-17v): Widowhood outside the country regulated, horses and servants mentioned, provision regulated

Article 35 (fol. 17v): If the bride or groom dies before consummation of the marriage: marriage contract invalid

Article 36 (fol. 17v-18r): Compliance with the contract promised

Article 37 (fol. 18r-18v): Signatures regulated, place and date specified

Renunciation of inheritance

Article 1 Renunciation of inheritance (fol. 21r-21v): Name and title of the bride; mention of the public declaration for herself and her descendants; dowry and trousseau mentioned

Article 2 Renunciation of inheritance (fol. 21v-24v): Renunciation of inheritance by the bride for herself and her heirs to all paternal and fraternal inheritance as well as those inheritance shares from her father’s brothers; consent of the groom regulated; renunciation of inheritance regulated

Article 3 Renunciation of inheritance (fol. 24v-25r): Promise to comply with the renunciation of inheritance; confirmation of the renunciation regulated; if the male line of the bride’s family dies out: the bride and her biological heirs receive their share of the inheritance

Article 4 Renunciation of inheritance (fol. 25r-26v): Attestation and confirmation of the renunciation of inheritance by the groom for himself and his heirs; promise to comply with the renunciation of inheritance, claims excluded, indemnification regulated; promise regulated, signature and sealing regulated

Protection

Article 1 Protection (fol. 29r-29v): Protection and guardianship of the bride regulated

Article 2 Guardianship (fol. 29v): Protection and guardianship by the heirs regulated

Article 3 Guardianship (fol. 29v): Sealing and signature regulated

Dowry

Article 1 Dowry (fol. 32r-33r): The dowry amounts to 30,000 talers, the donatio propter nuptias amounts to 30,000 talers; payment of 6,000 talers annually regulated; insurance regulated

Article 2 Widow’s dower (fol. 33r-33v): Payment of the dowry regulated; trousseau regulated

Article 3 Widow’s dower (fol. 33v-35r): Widow’s property regulated; rights etc. regulated; annual receipt of 6,000 talers regulated; agriculture and livestock breeding mentioned, other rights of use specified; lifelong right of use of the widow’s property regulated; after the death of the bride: payment arrangements for the repayment of the dowry mentioned

Article 4 Widow’s dower (fol. 35r-35v): Provision of food etc. on the widow’s property regulated

Article 5 Widow’s dower (fol. 35v-36r): Privileges on the widow’s property regulated; rights of use regulated

Article 6 Dowry deed (fol. 36r): Obedience and homage of officials on the widow’s estates regulated

Article 7 Dowry deed (fol. 36r-37r): Remuneration of officials and servants regulated; dismissal and appointment of officials regulated; jurisdiction regulated

Article 8 Dowry deed (fol. 37r-37v): Reservations of the groom’s father regarding the widow’s estates regulated?, Costs regulated

Article 9 Dowry deed (fol. 37v): Protection and guardianship of the bride on the widow’s estates regulated

Article 10 Dowry agreement (fol. 37v-38r): The subjects on the widow’s property shall retain their freedoms, rights, etc.

Article 11 Dowry agreement (fol. 38r-38v): Opening, allocation, etc. of the dowry by the bride without the consent of the groom’s heirs is excluded; Encumbering with debts and pledging is excluded; structural repairs are regulated; inspection of the widow’s estate is mentioned, possible improvements are mentioned.

Article 12 Dowry deed (fol. 38v): If the dowry is encumbered with debts: settlement by the groom’s father or his heirs is regulated.

Article 13 Dowry agreement (fol. 39r-39v): Receipt of 6,000 talers per annum regulated; in case of shortage: reimbursement regulated

Article 14 Dowry agreement (fol. 39v): Mortgages regulated

Article 15 Dowry agreement (fol. 39v-40v): Condition of the widow’s property and chambers regulated; if they do not correspond to the bride’s status: improvements regulated, register of any additional income regulated

Article 16 Dowry agreement (fol. 40v-41r): Exchange of the widow’s residence and property regulated

Article 17 Dowry agreement (fol. 41r): Morning gift of 7,000 talers or alternatively 350 talers per annum regulated

Article 18 Dowry agreement (fol. 41r-41v): If there are joint descendants or not: confirmation of the marriage contract regulated

Article 19 Dowry agreement (fol. 41v-42r): Promise to comply with the contract

Article 20 Dowry agreement (fol. 42r): Approval of the contract regulated; sealing and signatures

Letter of appointment

Article 1 Letter of appointment (fol. 44r-45r): Homage, oath, etc. of the officials, subjects, etc. on the widow’s estates regulated

Article 2 Letter of commitment (fol. 45r-46v): Obedience of the officials and subjects on the widow’s estates regulated; reservations regarding the widow’s estates regulated; assistance regulated; indemnification regulated

Article 3 Letter of command (fol. 46v): Signature and sealing by the groom’s father regulated

Article 4 Letter of command (fol. 46v-47v): Commitment to the fulfilment of duties by officials etc. on the widow’s estates regulated, sealing and signatures regulated

Regulations on succession to the throne

Article 33 (fol. 16v-17r): Confirmation of the inheritance statutes of the Darmstadt house; succession by the groom and his sons in descending line.

Confessional regulations

Regulations on inheritance law

Article 3 (fol. 03r-03v): The dowry amounts to 30,000 talers, payment terms specified; waiver mentioned; receipt regulated; trousseau regulated

Article 17 (fol. 09v-10r): Regulation of the bride’s renunciation of inheritance for herself and her heirs to all paternal and future inheritance; if the male line of the bride’s house dies out: the bride and her heirs receive the usual share of the inheritance

Article 18 (fol. 10r-11r): If the bride dies before the groom and there are no common biological heirs: 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 house regulated, until repayment the heirs receive the use of the widow’s property and 3,000 talers annually; Oaths, vows, obedience of officials regulated

Article 19 (fol. 11r-11v): Oaths and duties of officials on the widow’s property regulated; homage mentioned

Article 20 (fol. 11v): Payment of 30,000 talers in Leipzig regulated.

Article 21 (fol. 11v-12r): Inheritance of the morning gift according to the bride’s will regulated; if the bride does not leave a will: inheritance by the groom and his heirs regulated.

Article 22 (fol. 12r): If the bride dies before the groom and there are no joint biological heirs: the groom receives the lifelong right of use of the trousseau, unless a will contradicts this; inventory list regulated; after the death of the groom: reversion regulated

Article 23 (fol. 12r-12v): If legitimate heirs are born but die before the bride: inheritance regulations regarding the donatio propter nuptias as previously stipulated

Article 24 (fol. 12v-13r): If the bride dies and there are joint heirs: the heirs receive the dowry and the jewels; the heirs may bequeath these to their descendants

Article 25 (fol. 13r-14r): If the groom dies before the bride and there are minor children: guardianship is regulated in accordance with the usual rules of the principality; the widow’s estate is regulated regardless of whether there are joint children or not; prior settlement of debts of the widow’s estate is regulated; Trousseau of various goods regulated; lifelong right of use in widowhood regulated.

Article 28 (fol. 14v-15v): If the widow remarries: redemption of the Leibgeding with 30,000 talers, 7,000 talers morning gift, and 3,000 talers annually and for life instead of the donatio propter nuptias regulated; after the death of the bride: The 3,000 talers of the donation propter nuptias shall go to the heirs of the groom, their heirs or the next heirs of the groom

Article 29 (fol. 15v): If the widow remarries and has heirs from the second marriage: The dowry shall go to the heirs from the first and second marriages.

Article 31 (fol. 16r): If the groom dies before the bride and there are no common descendants from the first marriage: the widow’s property shall be transferred as regulated above; after the death of the bride: the dowry shall revert to the bride’s family, and the donatio propter nuptias shall go to the groom’s family

Article 33 (fol. 16v-17r): Confirmation of the inheritance statutes of the Darmstadt house; succession by the groom and his sons in descending line.

Renunciation of inheritance

Article 1 Renunciation of inheritance (fol. 21r-21v): Name and title of the bride; mention of the public declaration for herself and her descendants; dowry and trousseau mentioned

Article 2 Renunciation of inheritance (fol. 21v-24v): Renunciation of inheritance by the bride for herself and her heirs to all paternal and fraternal inheritance as well as those inheritance shares from her father’s brothers; consent of the groom regulated; renunciation of inheritance regulated

Article 3 Renunciation of inheritance (fol. 24v-25r): Promise to comply with the renunciation of inheritance; confirmation of the renunciation regulated; if the male line of the bride’s family dies out: the bride and her biological heirs receive their share of the inheritance

Article 4 Renunciation of inheritance (fol. 25r-26v): Attestation and confirmation of the renunciation of inheritance by the groom for himself and his heirs; promise to comply with the renunciation of inheritance, claims excluded, indemnification regulated; promise regulated, signature and sealing regulated

Ratifications, confirmations, approvals

Article 33 (fol. 16v-17r): Confirmation of the inheritance statutes of the Darmstadt house; succession by the groom and his sons in descending line.

Article 2 (fol. 02v-03r): Marriage agreed, consummation mentioned

Article 4 (fol. 03v-04r): The morning gift amounts to 7,000 talers or 350 talers annually, prescription mentioned

Article 18 (fol. 10r-11r): If the bride dies before the groom and there are no common biological heirs: 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 house regulated, until repayment the heirs receive the use of the widow’s property and 3,000 talers annually; Oaths, vows, obedience of officials regulated

Article 20 (fol. 11v): Payment of 30,000 talers in Leipzig regulated.

Commentary

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

Literature

References

• Archive copy: HStAD D 4 Nr. 156_3; HStAD, B 1, 301
• Contract language archive copy: German
• Digitized archive copy: https://arcinsys.hessen.de/arcinsys/digitalMediaViewer.action?archivalDescriptionId=4155745>

Recommended citation

Dynastische Eheverträge der frühen Neuzeit. Contract No. 333. Philipps University of Marburg. Available online at https://dynastische-ehevertraege.online.uni-marburg.de/en/vertraege/333.html.

@misc{ Dynastische Ehevertr{“a}ge der fr{”u}hen Neuzeit, 
title = {Dynastische Ehevertr{“a}ge der fr{”u}hen Neuzeit: Contract No. 333},
 url = {https://dynastische-ehevertraege.online.uni-marburg.de/en/vertraege/333.html}
}