Marriage contract no. 38: Österreich - Toskana

Contract content

Summary of the contract: 14 January 1646 in Florence: Marriage contract between Ferdinand Charles of Austria-Tyrol and Anna de’ Medici of Tuscany 13 January 1646 in Florence: Renunciation of inheritance by the bride? 9 April 1646 in Florence: Ratification by Grand Duke Ferdinando II de’ Medici 17 May 1646: Notarial confirmation of the marriage performed by proxy

Article 1 (fol. 02r): Mention of the date and the bride’s representative

Article 2 (fol. 02r): Mention of the location (palace in Florence); negotiations mentioned; negotiators named

Article 3 (fol. 02r): Cardinals named

Article 4 (fol. 02r-02v): Marriage decided; contract regarding donatio propter nuptias?; mother of the groom mentioned; will mentioned?; Lichtenegg and Greiffen mentioned; witnesses named?

Article 5 (fol. 02v): Ratification of the contract and signatures mentioned

Article 6 (fol. 02v): Negotiators and negotiations mentioned

Article 7 (fol. 02v-03r): Provisions from the will mentioned?; papal dispensation required before marriage

Article 8 (fol. 03r): Dowry regulated?; Payment regulated?

Article 9 (fol. 03r): Bride’s journey mentioned; prior confirmation of the dowry contract necessary; widow’s property regulated?; jurisdiction regulated; no penalties contrary to equity regulated

Article 10 (fol. 03r): Prior confirmation by the groom and his brother Archduke Sigismund Franz necessary; succession arrangements in the event of a lack of descendants mentioned?

Article 11 (fol. 03r): Confirmation by the groom’s brother Sigismund Franz necessary; Consent of the groom’s mother required; consent regarding succession arrangements required?

Article 12 (fol. 03r-03v): Prior confirmations and letters required; payment of 40,000 upon consummation of the marriage regulated?

Article 13 (fol. 03v): Payment of 60,000 regulated.

Article 14 (fol. 03v): Sum of 20,000 regulated?; Debt regulations mentioned?

Article 15 (fol. 03v): Further regulations regarding the payment of debts mentioned?; Payment of 20,000 regulated?

Article 16 (fol. 03v): Payment of 40,000 regulated after consummation of the marriage; payment of 20,000 regulated within one year; regulations regarding pledges mentioned; property regulated?

Article 17 (fol. 03v-04r): Regulations regarding the dowry?; Notary mentioned; sum mentioned; payment arrangements mentioned?; widow’s property regulated?; other rights, appurtenances, jurisdiction regulated?; regulations regarding mortgages mentioned?

Article 18 (fol. 04r): Prescription of dowry mentioned?; deed mentioned; mortgage regulated?; negotiator Maximilian mentioned; regulations regarding salt works?; Recovery of fortresses, towns, etc. mentioned; pledges and recovery regulated; regulations regarding income from agriculture mentioned; regulations regarding allodial property mentioned;? Prescription of dowry mentioned?

Article 19 (fol. 04r-04v): Jurisdiction, etc., patrimonial and allodial property regulated; penalties regulated; emperor mentioned?; income regulated and restitution regulated?; mortgages regulated?

Article 20 (fol. 04v): If the bride dies before the groom and there are no children from the marriage: The groom receives the right to use the dowry; Refund regulated 6 years after the groom’s death?; if the groom dies before the bride and there are or are not children from the marriage: The bride receives the full amount of the dowry and its income, restoration of the dowry by the groom’s heirs regulated?

Article 21 (fol. 04v-05r): Restoration of the dowry in the same amount or in money and goods of the same value regulated?; Return regulated; Negotiator mentioned; Payment by heirs and descendants of the Archduke regulated?; Sealing regulated; Guarantee regulated; Unhindered assumption of privileges by the bride regulated?; Renunciation mentioned?; Jurisdiction regulated; ?

Article 22 (fol. 05r-05v): If the groom dies before the bride and there are surviving sons from the marriage or not?: Restoration of the dowry regulated?; Payment arrangements mentioned?; Princely residence of the bride according to her wishes regulated?; Regulations regarding movable property, etc.; Regulations regarding pension?; ?

Article 23 (fol. 05v): Regulations regarding mortgages and payments mentioned?; Negotiators mentioned

Article 24 (fol. 05v-06r): Regulations regarding the bride’s trousseau and other possessions as well as gifts mentioned?; Inheritance arranged at discretion?; Inventory list necessary

Article 25 (fol. 06r): Return of clothes arranged?;

Article 26 (fol. 06r): Dowry of all other wives and virgins determined in accordance with the custom of the Austrian house?

Article 27 (fol. 06r): Renunciation of inheritance by the bride regulated; consent of the groom regulated; document mentioned

Article 28 (fol. 06v): Compliance with the contract regulated?; negotiators and accompanying persons from Tyrol mentioned

Article 29 (fol. 06v): dowry and principals mentioned?

Article 30 (fol. 06v): Consent of Franz Ferdinand, the groom’s mother? and Ferdinand II mentioned; ratification mentioned; ? further ratification mentioned

Article 31 (fol. 06v-07r): Prescription mentioned?; Compliance with the contract regulated?; Renunciation mentioned; ?; Negotiators mentioned; Signatures mentioned List of signatures

Regulations on inheritance law

Summary of the contract: 14 January 1646 in Florence: Marriage contract between Ferdinand Karl of Austria-Tyrol and Anna de’ Medici of Tuscany 13 January 1646 in Florence: Renunciation of inheritance by the bride? 9 April 1646 in Florence: Ratification by Grand Duke Ferdinando II de’ Medici 17 May 1646: Notarial confirmation of the marriage performed by proxy

Article 20 (fol. 04v): If the bride dies before the groom and there are no children from the marriage: The groom receives the right to use the dowry; reimbursement regulated 6 years after the death of the groom?; if the groom dies before the bride and there are children from the marriage or not? The bride receives the full amount of the dowry and its proceeds; restoration of the dowry by the groom’s heirs regulated?

Article 21 (fol. 04v-05r): Restoration of the dowry in the same amount or in money and goods of the same value regulated?; Return regulated; negotiator mentioned; payment by heirs and descendants of the Archduke regulated?; sealing regulated; guarantee regulated; unhindered assumption of privileges by the bride regulated?; renunciation mentioned?; jurisdiction regulated;

Article 22 (fol. 05r-05v): If the groom dies before the bride and there are surviving sons from the marriage or not: restoration of the dowry regulated?; payment arrangements mentioned?; princely residence of the bride regulated according to her wishes?; movable property etc. regulated; pension regulated?;

Article 24 (fol. 05v-06r): Regulations regarding the bride’s trousseau and other possessions as well as gifts mentioned?; Inheritance regulated at discretion?; Inventory list necessary

Article 25 (fol. 06r): Return of clothing regulated?

Article 27 (fol. 06r): Renunciation of inheritance by the bride regulated; Consent of the groom regulated; Document mentioned

Article 31 (fol. 06v-07r): Prescription mentioned?; Compliance with the contract regulated?; Renunciation mentioned; Negotiators mentioned; Signatures mentioned

External authorities involved

Article 3 (fol. 02r): Cardinals named

Article 4 (fol. 02r-02v): Marriage decided; contract regarding donatio propter nuptias?; mother of the groom mentioned; will mentioned?; Lichtenegg and Greiffen mentioned; witnesses named?

Article 7 (fol. 02v-03r): Provisions from the will mentioned?; papal dispensation required before marriage

Article 10 (fol. 03r): Prior confirmation by the groom and his brother Archduke Sigismund Franz necessary; succession arrangements in the event of a lack of descendants mentioned?

Article 11 (fol. 03r): Confirmation by the groom’s brother Sigismund Franz necessary; Consent of the groom’s mother required; consent regarding succession arrangements required?

Article 30 (fol. 06v): Consent of Franz Ferdinand, the groom’s mother? and Ferdinand II mentioned; ratification mentioned; ? further ratification mentioned; ? list of signatures

Ratifications, confirmations, approvals

Article 5 (fol. 02v): Ratification of the contract and signatures mentioned

Article 7 (fol. 02v-03r): Provisions from the will mentioned?; papal dispensation required before marriage

Article 10 (fol. 03r): Prior confirmation by the groom and his brother Archduke Sigismund Franz necessary; succession arrangements in the event of a lack of descendants mentioned?

Article 11 (fol. 03r): Confirmation by the groom’s brother Sigismund Franz necessary; consent of the groom’s mother necessary; Consent regarding succession arrangements required?

Article 12 (fol. 03r-03v): Prior confirmations and letters required; payment of 40,000 upon consummation of the marriage regulated?

Article 27 (fol. 06r): Renunciation of inheritance by the bride regulated; Consent of the groom regulated; document mentioned

Article 30 (fol. 06v): Consent of Franz Ferdinand, the groom’s mother? and Ferdinand II mentioned; ratification mentioned; ? further ratification mentioned; ?

Commentary

Original contract divided into articles

Several pages of the contract appear to be missing

No folio numbering/numbering of the contract pages

References

• Archive copy: AT-OeStA/HHStA UR FUK 1666 1646 I 13
• Contract language archive copy: Latin

Recommended citation

Dynastische Eheverträge der frühen Neuzeit. Contract No. 38. Philipps University of Marburg. Available online at https://dynastische-ehevertraege.online.uni-marburg.de/en/vertraege/38.html.

@misc{ Dynastische Ehevertr{“a}ge der fr{”u}hen Neuzeit, 
title = {Dynastische Ehevertr{“a}ge der fr{”u}hen Neuzeit: Contract No. 38},
 url = {https://dynastische-ehevertraege.online.uni-marburg.de/en/vertraege/38.html}
}