Dynastic marriage contracts in the early modern period
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  • Regulations on inheritance law
  • External authorities involved
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Marriage contract no. 393: Braunschweig-Lüneburg - Mecklenburg-Schwerin

  • Date of contract conclusion: 4. April 1528
  • Place of contract conclusion: Wittenberg

Groom

  • Name: Ernst I. von Braunschweig-Lüneburg
  • GND: 118810944
  • Year of Birth: 1497
  • Year of Death: 1546
  • Dynasty: Welfen
  • Confession: lutherisch

Bride

  • Name: Sophie von Mecklenburg-Schwerin
  • GND: 138794448
  • Year of Birth: 1508
  • Year of Death: 1541
  • Dynasty: Mecklenburg-Schwerin
  • Confession: lutherisch

Actors of the Groom

  • Name: Johann von Sachsen
  • GND: 100503225
  • Dynasty: Wettin (Ernestiner)
  • Relationship: Onkel

Actors of the Bride

  • Name: Johann von Sachsen
  • GND: 100503225
  • Dynasty: Wettin (Ernestiner)
  • Relationship: Onkel

Contract content

Article 1 (Image 3-4a): Marriage decided upon at the instigation of Duke John of Saxony; consent of the bride and groom mentioned; meeting and negotiations of the councillors mentioned; councillors named

Article 2 (Image 4a): Trousseau (jewellery, clothes, trinkets, silverware) regulated in accordance with the bride’s status; dowry amounts to 12,000 guilders

Article 3 (Image 4a-4b): Payment arrangements for the dowry mentioned; prescription and guarantee by councillors and nobles mentioned; life annuity mentioned; widow’s estate ? regulated

Article 4 (Image 4b): If the dowry is not paid within the agreed period: ?; Compensation for damages and defects by the bride’s father is regulated; obligations and prescription of the guarantors are mentioned?

Article 5 (Image 4b-5a): Widow’s estate including servants, knightly services, farms, ponds, interest, services, jurisdiction, awarding of ecclesiastical fiefs, pensions, usufruct, etc. is regulated; Creation and handover of a register regulated; prescription and insurance mentioned; the bride’s annual income is 2,400 guilders; fines, courts, game, services, fishing, use of wood, etc. regulated.

Article 6 (Image 5a-5b): If the widow’s estate does not yield the sum: reimbursement of the shortfall regulated; payment by officials mentioned; the officials are to be bound and prescribed with the annual income and usufruct; ?

Article 7 (Image 5b-6a): Prescription and surety regulated with the help of 24 noble prelates and councillors; period of 20 years regulated?; Regulation of homage and oath of allegiance by subjects on the widow’s estate; regulation of land tax on the widow’s estate, approved by the estates?; regulation of the granting of knightly fiefs; regulation of the commencement of the widow’s dower and receipt of annual income after the death of the groom; regulation of the trousseau, etc.; regulation of rights of use and enjoyment; Regulation of the transfer of the trousseau, other possessions of the bride and the Donatio propter nuptias to the widow’s estate.

Article 8 (Figures 6a-6b): The bride’s annual income on the widow’s estate amounts to 2,000 guilders as the principal sum and 350 guilders as interest; if the sums of the annual income and the morning gift are not achieved: reimbursement by other estates and offices is regulated; lifelong receipt of the dowry is regulated.

Article 9 (Image 6b): Maintenance of the bride after the death of the groom until receipt of the income from the dowry and the annual income from the widow’s estate is regulated; reimbursement is regulated.

Article 10 (Image 6b-7a): If Duke Erich or his heirs ?: If the office and everything belonging to the dower is destroyed, reimbursement is regulated

Article 11 (Image 7a): If the bride dies before the groom: Occupation of the dower office and the estates with an official from the Lüneburg nobility regulated

Article 12 (Image 7a): If the groom dies before the bride: Protection of the bride, the morning gift and the life estates by the heirs, descendants and princes of Brunswick-Lüneburg regulated

Article 13 (Figure 7b): Obtaining an imperial letter of majesty with Duke Erich’s seal regarding permission for dower, morning gift, etc.; delivery of the letter of majesty to the groom’s sister and the bride’s father

Article 14 (Fig. 7b-8a): If the bride remarries after the death of the groom: lifelong use of the dower or redemption with 12,000 guilders for the dowry, 12,000 guilders for the Donatio propter nuptias and 2,000 guilders for the Morgengabe possible; payment arrangements and deadlines specified; Interest regulated; prescriptions regulated; receipt of income from the widow’s property from the year of redemption regulated?

Article 15 (Image 8a-8b): If the bride does not receive the sum of the dowry, the marriage property and the morning gift within one year: ? Compensation for damages and costs regulated?; Receipt of income from widow’s property for the bride regulated?; Right of use of widow’s property by the groom’s heirs and descendants excluded?; Right of use of widow’s property by the bride regulated?

Article 16 (Images 8b-9a): If the life estate has been redeemed with the specified sum: The sum shall be invested with the knowledge of the bride’s father or his heirs and with the knowledge of the groom’s heirs; prescription regulated; If the bride dies and there are heirs from her marriage to Duke Erich: in whole or in part?; Investment of half of the Donatio propter nuptias with the knowledge of the groom’s heirs regulated; If there are no heirs from the marriage to Duke Erich: If the 12,000 guilders of the dowry and the 2,000 guilders of the morning gift have been redeemed, these shall be invested with the advice and knowledge of the bride’s father or his heirs and without hindrance from the groom’s heirs.

Article 17 (Images 9a-9b): The groom’s heirs may redeem the morning gift?; and after the bride’s death?; instead of paying the annual interest, a one-time payment of 2,000 guilders is possible.

Article 18 (Image 9b): If the bride dies after consummation of the marriage and before the groom, and whether or not there are joint heirs from the marriage: lifelong right of use of the dowry and silverware, jewels and pearls for the groom; inventory list sealed by the groom; after the death of the groom, the dowry and silverware, jewels and pearls revert to the bride’s father or his heirs

Article 19 (Image 9b): Can the bride bequeath the dresses and silk garments ? according to her wishes?

Article 20 (Fig. 9b-10a): Renunciation of inheritance by the bride to all paternal and maternal inheritance after the consummation of the marriage; Duke of Pomerania mentioned; renunciation prescription regulated; groom’s claims to inheritance excluded

Article 21 (Image 10a-10b): Regulations regarding the dower, the morning gift and the dominion?

Article 22 (Image 10b-11a): Article decided, Wittenberg mentioned; further negotiations mentioned?; temporal and local regulations mentioned; the costs of the consummation of the marriage are to be borne by the groom?

Article 23 (Image 11a-11b): Compliance with the contract promised; groom, bride’s father and Elector Johann mentioned; sealing mentioned

Regulations on inheritance law

Article 16 (Image 8b-9a): If the dower has been redeemed with the specified sum: The sum is to be invested with the knowledge of the bride’s father or his heirs and with the knowledge of the groom’s heirs; prescription regulated; If the bride dies and there are heirs from her marriage to Duke Erich: in whole or in part?; Investment of half of the Donatio propter nuptias with the knowledge of the groom’s heirs regulated; If there are no heirs from the marriage to Duke Erich: If the 12,000 guilders of the dowry and the 2,000 guilders of the morning gift have been redeemed, these shall be invested with the advice and knowledge of the bride’s father or his heirs and without hindrance from the groom’s heirs.

Article 18 (Image 9b): If the bride dies after consummation of the marriage and before the groom, and whether or not there are common biological heirs from the marriage: Lifetime right of use of the dowry and silverware, jewels and pearls for the groom; regulated by an inventory list sealed by the groom; after the groom’s death, the dowry and silverware, jewels and pearls revert to the bride’s father or his heirs.

Article 19 (Figure 9b): Can the bride bequeath the dresses and silk garments ? according to her wishes?

Article 20 (Image 9b-10a): The bride’s renunciation of all paternal and maternal inheritance after consummation of the marriage; Duke of Pomerania mentioned; renunciation prescribed; groom’s claims to inheritance excluded

External authorities involved

Article 1 (Image 3-4a): Marriage decided at the instigation of Duke John of Saxony; consent of the bride and groom mentioned; meeting and negotiations of the councillors mentioned; councillors named

Article 3 (Image 4a-4b): Payment arrangements for the dowry mentioned; prescription and guarantee by councillors and nobles mentioned; life annuity mentioned; widow’s estate ? regulated

Article 4 (Image 4b): If the dowry is not paid within the agreed period: ?; reimbursement of damages and defects by the bride’s father regulated; obligations and prescription of the guarantors mentioned?

Article 7 (Fig. 5b-6a): Prescription and surety regulated with the help of 24 noble prelates and councillors; period of 20 years regulated?; homage and oath of subjects on the widow’s estate regulated; land tax on the widow’s estate regulated, approved by the estates?; Awarding of knightly fiefs regulated; commencement of the widow’s dower and receipt of annual income after the death of the groom regulated; provision of trousseau etc. regulated; rights of use and enjoyment regulated; transfer of the trousseau, other possessions of the bride and the Donatio propter nuptias to the widow’s estate regulated.

Article 13 (Image 7b): Obtaining an imperial letter of majesty sealed by Duke Erich regarding permission for dower, morning gift, etc.; delivery of the letter of majesty to the groom’s sister and the bride’s father.

Ratifications, confirmations, approvals

Article 13 (Image 7b): Obtaining an imperial letter of majesty sealed by Duke Erich regarding permission for dowry, morning gift, etc.; delivery of the letter of majesty to the groom’s sister? and the bride’s father regulated.

Commentary

No foiling/numbering of the contract pages

Original contract divided into articles

References

  • Archive copy: NLA Ha Celle Or. 1 No. 81
  • Contract language archive copy: German

Recommended citation

Dynastische Eheverträge der frühen Neuzeit. Contract No. 393. Philipps University of Marburg. Available online at https://dynastische-ehevertraege.online.uni-marburg.de/en/vertraege/393.html.

@misc{ Dynastische Ehevertr{“a}ge der fr{”u}hen Neuzeit, 
title = {Dynastische Ehevertr{“a}ge der fr{”u}hen Neuzeit: Contract No. 393},
 url = {https://dynastische-ehevertraege.online.uni-marburg.de/en/vertraege/393.html}
}


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