Marriage contract no. 372: Braunschweig-Wolfenbüttel - Niederlande

Contract content

Preamble: Invocation of God, declaration of the intention to marry between the two parties; mention of the approval and consent of Karl Georg August’s mother and grandmother, as well as the mother of Friederique Louise Wilhelmine; appointment of Privy Councillor Johann Baptista Feronce von Rotencreutz and Privy Councillor Johann David von Passavant-Passenburg as authorised representatives

Article 1: Agreement on the dowry and the marriage tax in the amount of 20,000 guilders; this is to be paid within 6 months of the consummation of the marriage against receipt and shall bear interest at 3 per cent in the princely treasury until the amount can be insured on a property; Trousseau settled, to be worth 15,000 guilders; a corresponding inventory shall be drawn up and handed over to both parties.

Article 2: Renunciation of inheritance settled in accordance with the Pactis Familiae of 1783.

Article 3: Friederike Louise Wilhelmine shall, however, be free to dispose of her own capital and possessions.

Article 4: On the morning after the wedding night, the princess shall receive a jewel and a morning gift of 2,000 talers, which shall bear interest at 10% per annum; corresponding letter and seal mentioned

Article 5: Dowry regulated; it shall yield an annual sum of 14,000 talers.

Article 6: After the death of her husband, the princess shall retain the morning gift money, which may either be levied at 10 per cent of the dowry income or paid out in cash.

Article 7: The widow shall be able to decide for herself whether she wishes to reside outside the ducal lands of Brunswick and, in this case, shall still be entitled to the agreed annual income, but in return must renounce the promised material goods such as wood, game, fish and the like

Article 8: If the widow’s estate cannot generate the agreed income, the sovereign and his heirs or descendants shall provide appropriate compensation.

Article 9: Any surplus income shall, however, accrue to the sovereign’s chambers.

Article 10: The princess shall be free to choose whether she wishes to take up residence at Schöningen or Blankenburg Castle or in the city of Braunschweig; the sovereign shall maintain the chosen residence and furnish it with furniture befitting her status.

Article 11: Oaths and vows of officials and servants in the event of a widowhood settlement – the widow shall be able to take up her widowhood residence without hindrance.

Article 12: In the event of a widowhood settlement, the princess shall have the authority to dismiss any servants or officials or to hire new persons, provided this is done with the prior knowledge of the provincial government.

Article 13: The subjects on the dower estates shall retain their spiritual and secular privileges, rights and freedoms; clarification of the rights and superiorities of the ruling sovereign and his heirs or successors that nevertheless apply

Article 14: The princess shall have no right to pledge, encumber, open to others or similar actions with regard to the dower estates without obtaining the consent of the sovereign; the forests may only be used for the necessary firewood – the maintenance of the basic buildings shall be financed by the sovereign and his heirs or successors.

Article 15: If, for any reason, the dower is encumbered with debts, the princess shall not be burdened with them; these shall be borne by the sovereign or the heirs or descendants of her deceased husband, and further costs or damages shall be avoided in future; however, if the princess herself incurs debts on the dower estates, she or her heirs shall be responsible for their repayment.

Article 16: Should the princess change her widowhood, she must relinquish the dower property, but only after all the money she has brought in, including the morning gift, has been paid out to her.

Article 17: If the princess dies before her husband without leaving any legitimate heirs, he shall have a lifelong right to dispose of the marriage funds, contributions and assets; reversion to the princess’s heirs is regulated, including the morning gift or bequests made to the princess during the marriage.

Article 18: If the husband dies without issue, the dowry and its use shall remain with the House of Brunswick as long as the princess does not remarry.

Article 19: However, if the princess should die before her husband with joint legitimate heirs, the marriage funds, paraphernalia and other items acquired by the princess during the marriage shall be bequeathed to these children; No debts for which the princess is not personally responsible shall be paid with these assets. If any heirs die without leaving any children or making any dispositions, the surviving children shall receive correspondingly larger shares. If all such heirs die without leaving any children or making any dispositions, the next of kin from the two princely houses shall each be entitled to half of the estate.

Article 20: If the Princess remarries after the death of her husband and there are children from both marriages, the inheritance shall be divided equally between these children.

Article 21: Debts incurred during the marriage shall only be borne by the Princess if they were incurred exclusively for her own benefit or exclusively concerning her person – in which case, however, they shall also be paid off by her heirs.

Article 22: Should the heir apparent die before or after assuming the government of the country and leave behind joint children who are minors or underage, the princess shall, as long as she does not change her widowhood, assume guardianship in the administration of the country as well as in the upbringing of the children until a suitable heir apparent can assume his role unless the deceased heir apparent or his father has left a testamentary disposition to regulate the matter.

Article 23: In the event of belonging to the Protestant Reformed faith, the princess and her servants shall be able to practise this freely, be provided with a suitable place, and be able to employ a French or German court preacher.

Article 24: If the princess and her male descendants were to be called to the position of stadtholder by the resolutions of the provinces of Holland and West Friesland of 16 November 1747 or of the united provinces of 27 July 1748, that prince shall be instructed in the Protestant Reformed faith and shall profess it bindingly.

Article 25: If one of the two parties dies after consummation of the marriage, the contract shall remain valid; if death occurs before consummation, the contract shall be void, but the spouses may draw up a testamentum codicillum donationem mortis causa for each other.

Signed in Brunswick on 19 December 1789

Regulations on succession to the throne

Article 22: Should the heir apparent die before or after assuming the government of the state and leave behind joint children who are minors or underage, the princess shall assume guardianship in the administration of the state and in their upbringing for as long as she remains a widow, until a suitable heir apparent can assume his role. - unless the deceased Crown Prince or his father has left a testamentary disposition to regulate the matter.

Confessional regulations

Article 13: The subjects on the dowry estates shall retain their spiritual and secular privileges, rights and freedoms; Clarification of the rights and superiorities of the ruling sovereign and his heirs or successors that nevertheless apply

Article 23: In the event of affiliation with the Protestant Reformed faith, the princess and her servants shall be able to practise this freely, be provided with a suitable place, and be able to employ a French or German court preacher

Article 24: If the princess and her male descendants were to be called to the position of stadtholder by the resolutions of the provinces of Holland and West Friesland of 16 November 1747 or of the united provinces of 27 July 1748, that prince shall be instructed in the Protestant Reformed faith and shall profess it bindingly.

Regulations on inheritance law

Article 2: Renunciation of inheritance regulated in accordance with the Pactis Familiae of 1783

Article 19: However, if the princess should die before her husband with joint biological heirs, the dowry, paraphernalia and other items acquired by the princess during the marriage shall be bequeathed to these children; no debts for which the princess is not personally responsible shall be repaid with these assets; if any heirs should die without children or dispositions of their own, the surviving children shall receive correspondingly larger shares; if all such heirs should die without heirs or dispositions of their own, the next of kin from the two princely houses shall each be entitled to half of the inheritance

Article 20: If the princess remarries after the death of her husband and there are children from both marriages, the inheritance shall be divided equally between these children.

Article 21: Debts incurred during the marriage shall only be borne by the princess if they were incurred exclusively for her own benefit or exclusively concerning her person – in which case, however, they shall also be paid off by her heirs.

External authorities involved

Preamble: Appointment of Johann Baptista Feronce von Rotencreutz, Privy Councillor, and Johann David von Passavant-Passenburg, Privy Councillor, as authorised representatives

Ratifications, confirmations, approvals

Preamble: Invocation of God, declaration of the marriage intentions between the two parties; mention of the approval and consent of Karl Georg August’s mother and grandmother as well as the mother of Friederique Louise Wilhelmine; appointment of Privy Councillor Johann Baptista Feronce von Rotencreutz and Privy Councillor Johann David von Passavant-Passenburg as plenipotentiaries

Text reference to past events

Resolutions of the provinces of Holland and West Friesland of 16 November 1747 and of the united provinces of 27 July 1748 mentioned; Pactis Familiae of 1783 mentioned

Commentary

Also contains copies for Privy Councillor J.B.v. Feronce v. Rotencreutz (26 November 1789, Brunswick) and J.D.v. Passavant-Passenburg (15 November 1789, The Hague)

References

• Archive copy: NLA WO 3 Urk, 2 No. 155
• Contract language archive copy: German

Recommended citation

Dynastische Eheverträge der frühen Neuzeit. Contract No. 372. Philipps University of Marburg. Available online at https://dynastische-ehevertraege.online.uni-marburg.de/en/vertraege/372.html.

@misc{ Dynastische Ehevertr{“a}ge der fr{”u}hen Neuzeit, 
title = {Dynastische Ehevertr{“a}ge der fr{”u}hen Neuzeit: Contract No. 372},
 url = {https://dynastische-ehevertraege.online.uni-marburg.de/en/vertraege/372.html}
}