Marriage contract no. 347: Hessen-Darmstadt - Sachsen-Gotha

Contract content

Preamble: Naming of the parties involved; consent of the bride’s mother to the marriage; consent of the groom’s mother to the marriage; naming of the marriage partners

1 – Promise of marriage on the part of the groom; assurance that the bride will practise the Lutheran religion, to which the groom himself belongs

2 – Joint children shall also be raised in the Lutheran religion

3 – Equal treatment of the sons and daughters of this second marriage with the children of the groom from his first marriage in terms of provision; primogeniture is excluded; in accordance with the house contracts

4 – Dowry of 20,000 guilders; payment regulated

5 – Trousseau for the bride worth 6,000 guilders provided by the bride’s father

6 – Morning gift regulated: 2,000 guilders

7 – Morning gift reverts to Hesse if there are no children and the bride has not bequeathed the morning gift in her will; in the case of a will, a ransom is possible

8 – Pin money in the amount of 400 guilders; pin money is forfeited upon reaching widowhood

9 – Donatio propter nuptias in the amount of 20,000 guilders; investment of dowry, morning gift donatio propter nuptias at the Butzbach office; life annuity in the amount of 4,000 guilders

10 – Replacement for the Leibgedinge if the offices are not sufficient for the sum of 4000 guilders

11 – Reservata of the husband in the Wittum

12 – Widow retains the right in the Wittum to appoint church and school servants, provided they are Lutheran; the office of superintendent is excluded from this

13 – Delivery of game for the dower regulated

14 – Income from the dower applies from the death of the husband and then for the entire life of the bride

15 – Protection of the dower guaranteed

16 – The widow shall not lack attendance by the nobility

17 – After the death of the groom, the bride may remain at court for one month at the expense of the heirs before moving into the widow’s dower

18 – Delivery of the bride’s property to the widow’s dower

19 – Any missing personal property shall be compensated from the Rent Chamber

20 – Preparation of the widow’s residence before moving in regulated

21 – Whereabouts of the inventory in the event of the widow’s death regulated

22 – Maintenance obligations for the dower specified

23 – Trousseau of the widow’s residence with natural produce upon moving in regulated

24 – Structural alterations by the widow permitted

25 – Discharge of the widow’s dower from debts

26 – The bride shall be content with the widow’s dower and shall have no further claims in this regard; should the husband decide to bequeath her more at a later date, this shall apply

27 – Renunciation of inheritance by the bride

28 – Renunciation of inheritance does not apply to private inheritances by will

29 – Dowry reverts if there are no children; husband has usufruct of dowry for life

30 – Repayment of dowry secured by pledge

31 – Widow shall be allowed to enjoy her widow’s dower for life, regardless of whether there are children or not

32 – Bride’s remarriage regulated: redemption of widow’s dower possible

33 – Donatio propter nuptias may continue to be used by the bride beyond remarriage with 2000 guilders

34 – Morning gift is paid beyond remarriage

35 – Children from another marriage have equal inheritance rights to the bride’s inheritance, unless the bride has decreed otherwise

36 – If one of the two marriage partners dies after consummation of the marriage but before the monetary payments have been made, these must still be made; nullity of the contract in the event of the death of one of the two marriage partners before consummation of the marriage

38 – Promise to abide by the contract; two copies of the contract; date; signatures; seal

Confessional regulations

1 – Promise of marriage on the part of the groom; assurance that the bride will practise the Lutheran religion, to which the groom himself belongs

2 – Joint children shall also be raised in the Lutheran religion

12 – Widow retains the right to appoint church and school servants in her dower, provided they are Lutheran;

Regulations on inheritance law

7 – Return of the morning gift to Hesse if there are no children and the bride has not bequeathed the morning gift in her will; in the case of a will, a ransom is possible

27 – Renunciation of inheritance by the bride

28 – Renunciation of inheritance does not apply to private inheritances by will

29 – Reversion of the dowry if there are no joint children; usufruct of the dowry by the husband for his lifetime

35 – Children from another marriage are equally entitled to inherit from the bride, unless the bride has stipulated otherwise

References

• Archive copy: HStAD, B 1, 426
• Contract language archive copy: German
• Digitalized archive copy: https://arcinsys.hessen.de/arcinsys/digitalMediaViewer.action?archivalDescriptionId=2389125

Recommended citation

Dynastische Eheverträge der frühen Neuzeit. Contract No. 347. Philipps University of Marburg. Available online at https://dynastische-ehevertraege.online.uni-marburg.de/en/vertraege/347.html.

@misc{ Dynastische Ehevertr{“a}ge der fr{”u}hen Neuzeit, 
title = {Dynastische Ehevertr{“a}ge der fr{”u}hen Neuzeit: Contract No. 347},
 url = {https://dynastische-ehevertraege.online.uni-marburg.de/en/vertraege/347.html}
}