Marriage contract no. 398: Preußen - Braunschweig-Calenberg-Göttingen

Contract content

Article 1 (fol. 2r-5r): Marriage decided; consent of the bride mentioned; consummation mentioned

Article 2 (fol. 5r): Anna Sophie, daughter of the groom from his first marriage, mentioned

Article 3 (fol. 5r-5v): The dowry amounts to 20,000 guilders; payment arrangements specified.

Article 4 (fol. 5v): Trousseau (clothes, jewellery, silverware, etc.) awarded.

Article 5 (fol. 5v-6r): The Donatio propter nuptias amounts to 20,000 guilders.

Article 6 (fol. 6r): The morning gift amounts to 10,000 guilders.

Article 7 (fol. 6r-7v): The bride receives, among other things, Labiau Castle as a princely residence, knighthoods, fiefs (except for the knightly fiefs), income, etc. on the widow’s estates; freedoms, services, etc. regulated; Accession to the widow’s estates regulated; after the death of the groom, the bride receives 50,000 guilders, 5,000 guilders per annum, payment arrangements specified; other rights such as fishing rights, customs duties, hunting rights, etc. regulated; rights of use specified; supply of wood regulated.

Article 8 (fol. 7v): Oath and homage of the crew on the widow’s property after the death of the groom regulated

Article 9 (fol. 7v-8r): After the death of the bride, the bride’s mother or the bride’s next of kin receive the right of disposal over the dowry; ownership and use regulated

Article 10 (fol. 8r): Letters of bequest mentioned

Article 11 (fol. 8r-8v): Upon the appointment of new officials: homage and oath regulated; remuneration by the bride regulated

Article 12 (fol. 8v-9r): If the widow’s property is damaged or the income cannot be obtained: reimbursement regulated

Article 13 (fol. 9r): Protection of the bride and the dowry promised

Article 14 (fol. 9r-9v): Inspection of the widow’s property by the bride’s mother and Duke Erich regulated

Article 15 (fol. 9v-10r): Renunciation of inheritance by the bride to her father’s and brothers’ inheritance; the bride receives a portion of the inheritance if Duke Erich dies without male descendants; no renunciation of inheritance to her mother’s inheritance; letter of renunciation mentioned; regulation regarding the trousseau

Article 16 (fol. 10v-11r): If the bride dies before the groom and without male heirs after consummation of the marriage: The bride’s mother and Duke Erich and his male heirs receive the trousseau according to the inventory list; if they are also deceased, the bride’s next heirs receive the trousseau.

Article 17 (fol. 11r): The bride may draw up a will.

Article 18 (fol. 11r-12r): If the bride dies and there are no male heirs: The groom receives the right to use the dowry for life; after his death, the dowry shall pass to the bride’s mother, Duke Erich, his male heirs or the bride’s next heirs; until the sum has been paid and the trousseau returned, the right of use of the dowry and the 2,000 guilders per annum shall pass to the bride’s mother, Duke Erich, his male heirs or the bride’s next heirs; Oaths and vows of officials, knights, etc. on the widow’s property are regulated; homage is regulated.

Article 19 (fol. 12r-12v): If the groom dies after consummation of the marriage and without male heirs: The bride receives the dowry; widow’s pension and life estate promised; possible further inheritance by the bride’s family mentioned; half of the trousseau mentioned

Article 20 (fol. 12v) Inventory list of the trousseau mentioned, if items have to be sold with the knowledge and consent of the bride: compensation payment regulated

Article 21 (fol. 21v-13r): Upon the bride’s entry into widowhood: oaths and duties regulated by subjects, officials and vassals, homage mentioned.

Article 22 (fol. 13r): Entry into widowhood regulated.

Article 23 (fol. 13r): If biological heirs are born from the marriage but die before the bride without biological heirs of their own: Same regulations as specified above.

Article 24 (fol. 13r-13v): If the bride dies and there are legitimate heirs from the marriage: inheritance of Donatio propter nuptias and bride price to the legitimate heirs regulated; if the legitimate heirs die without heirs before the groom, the groom receives the lifelong right of use of the dowry, Donatio propter nuptias, morning gift and widow’s property

Article 25 (fol. 13v): If the groom dies before the bride and there are or are not biological heirs from the marriage: commencement of the widow’s dower is regulated, receipt of dowry, morning gift, Donatio propter nuptias and widow’s property is regulated; mention of a letter of dower, regulation of rights of use without interference from the groom’s heirs and descendants; regulation of receipt of the trousseau, cash, gifts and household goods.

Article 26 (fol. 13v-14r): Provision of food on the widow’s property until the new interest and pension are received or in case of shortage; reimbursement by the groom’s heirs and descendants regulated.

Article 27 (fol. 14r-15r): If the bride remarries after the death of the groom: redemption of the dower or further lifelong use by the bride is possible; redemption of the dower with 20,000 guilders of the dowry, 20,000 guilders of the Donatio propter nuptias and 10,000 guilders of the morning gift and other inherited property is regulated; Payment arrangements established; transfer of widow’s property after payment regulated, release from oaths and vows of officials, vassals and subjects regulated; receipt for redemption required.

Article 28 (fol. 15r-15v): Inheritance of the 50,000 guilders in equal shares to the heirs and descendants; if there are no heirs from the first or second marriage: after the death of the bride and groom, the 20,000 guilders of the dowry shall go to the bride’s mother and her son or the bride’s next heirs; until the sum has been paid, the heirs shall have the right of disposal over the dower

Article 29 (fol. 15v): The Donatio propter nuptias shall be inherited by the closest heirs of the groom Article 30 (fol. 15v): The bride may bequeath the 10,000 guilders of the morning gift as she sees fit; if she does not designate any heirs, the groom inherits the dowry

Article 31 (fol. 15v-16r): If the bride remarries and the descendants from her first marriage are deceased: inheritance to the bride’s next heirs is regulated

Article 32 (fol. 16r): Groom’s will mentioned: regulation at the expense of ?; fiefdom regulated: Albrecht the Younger and Georg Friedrich, approval and transfer mentioned.

Article 33 (fol. 16r-16v): The bride is not burdened with any of the groom’s debts.

Article 34 (fol. 16v): If the widow’s property was pledged, transferred or sold with the consent of the bride but without the consent of the bride’s mother and brother: regulation; sale, transfer, pledge with the consent of the bride, bride’s mother, bride’s brother: security required.

Article 35 (fol. 16v): Sale, transfer of widow’s property by the bride without the consent of the groom or the groom’s heirs excluded

Article 36 (fol. 16v): Use of widow’s property by the groom or his heirs excluded

Article 37 (fol. 16v-17r): Free use of dower and morning gift regulated; assistance by subjects regulated; defence by the groom’s heirs stipulated.

Article 38 (fol. 17r): The bride may grant ecclesiastical and secular fiefs on the widow’s property; knightly fiefs are excluded from this regulation; Regulation of knightly services; further regulations regarding costs and vassals

Article 39 (fol. 17r): Regulations regarding costs and vassals

Article 40 (fol. 17r-17v): Regulation of gifts given by the bride; Gifts that the bride did not give during her lifetime are to be given by the groom or his heirs; groom’s acknowledgement regulated; inventory list regulated.

Article 41 (fol. 17v): Taxes on widow’s dower, life estate and morning gift regulated; approval and investment mentioned.

Article 42 (fol. 17v-18r): Inventory list for the bride’s mother regulated, with a list of widow’s property, appurtenances, dowry, etc.; further regulations; regulations concerning nobles and horses, registration regulated;

Article 43 (fol. 18r): Regulations concerning Poland; Albrecht the Younger and Georg Friedrich or the guardians: protection of the legacy and the morning gift; obligation of subjects to protect the legacy and the morning gift regulated

Article 44 (fol. 18r-18v): Transfer of documents to the bride’s mother after the wedding night and the journey home regulated

Article 45 (fol. 18v-19r): Marriage by the bride’s representatives regulated, marriage promised

Article 46 (fol. 19r): Execution of 2 contracts regulated

Article 47 (fol. 19r): Signing by the parties involved

Article 48 (fol. 19r-19v): Names of witnesses, signatures of witnesses

Regulations on inheritance law

Article 9 (fol. 7v-8r): After the bride’s death, the bride’s mother or the bride’s next of kin receive the right of disposal over the dower; Rule of dominion and use

Article 15 (fol. 9v-10r): Renunciation of inheritance by the bride to her father’s and brothers’ inheritance; the bride receives a portion of the inheritance if Duke Erich dies without male descendants; no renunciation of inheritance to her mother’s inheritance; letter of renunciation mentioned; regulation regarding the trousseau

Article 16 (fol. 10v-11r): If the bride dies before the groom and without male heirs after consummation of the marriage: the bride’s mother and Duke Erich and his male heirs receive the trousseau according to the inventory list; if they are also deceased, the bride’s next heirs receive the trousseau

Article 17 (fol. 11r): The bride may draw up a will

Article 18 (fol. 11r-12r): If the bride dies and there are no male heirs: The groom receives the lifelong right of use of the marriage property; after his death, the dowry shall pass to the bride’s mother, Duke Erich, his male heirs or the bride’s next heirs; until the sum has been paid and the trousseau returned, the right of use of the dower and the 2,000 guilders per annum shall pass to the bride’s mother, Duke Erich, his male heirs or the bride’s next heirs; Oaths and vows of officials, knights, etc. on the widow’s property are regulated; homage is regulated.

Article 19 (fol. 12r-12v): If the groom dies after consummation of the marriage and without male heirs: The bride receives the dowry; widow’s pension and life estate promised; possible further inheritance by the bride’s family mentioned; half of the Donatio propter nuptias mentioned.

Article 21 (fol. 21v-13r): Upon the bride’s entry into the widow’s estate: oaths and duties by subjects, officials and vassals regulated, inheritance homage mentioned.

Article 23 (fol. 13r): If biological heirs are born from the marriage but die before the bride without biological heirs of their own: Same regulations as specified above.

Article 24 (fol. 13r-13v): If the bride dies and there are biological heirs from the marriage: inheritance of Donatio propter nuptias and bride price to the biological heirs regulated; if the biological heirs die without heirs before the groom, the groom receives the lifelong right of use of the dowry, Donatio propter nuptias, morning gift and widow’s property

Article 25 (fol. 13v): If the groom dies before the bride and there are or are not biological heirs from the marriage: commencement of the widow’s dower is regulated, receipt of dowry, morning gift, Donatio propter nuptias and widow’s property is regulated; mention of a letter of dower, regulation of rights of use without interference from the groom’s heirs and descendants; regulation of receipt of the trousseau, cash, gifts and household goods.

Article 28 (fol. 15r-15v): Inheritance of the 50,000 guilders in equal shares to the heirs and descendants; if there are no heirs from the first or second marriage: after the death of the bride and groom, the 20,000 guilders of the dowry shall go to the bride’s mother and her son or the bride’s next heirs; until the sum has been paid, the heirs shall have the right of disposal over the personal property.

Article 29 (fol. 15v): The Donatio propter nuptias shall be inherited by the closest heirs of the groom.

Article 30 (fol. 15v): The bride may bequeath the 10,000 guilders of the morning gift as she sees fit; if she does not designate any heirs, the groom inherits the morning gift.

Article 31 (fol. 15v-16r): If the bride remarries and the descendants from the first marriage are deceased: inheritance to the bride’s next heirs is regulated.

Article 32 (fol. 16r): The groom’s will mentions: regulation at the expense of ? regulated; fief regulated: Albrecht the Younger and Georg Friedrich, approval and transfer mentioned.

Commentary

Original contract not divided into articles

Contract pages numbered retrospectively

References

• Archive copy: NLA Ha Cal. Br. 22 No. 1763
• Contract language archive copy: German

Recommended citation

Dynastische Eheverträge der frühen Neuzeit. Contract No. 398. Philipps University of Marburg. Available online at https://dynastische-ehevertraege.online.uni-marburg.de/en/vertraege/398.html.

@misc{ Dynastische Ehevertr{“a}ge der fr{”u}hen Neuzeit, 
title = {Dynastische Ehevertr{“a}ge der fr{”u}hen Neuzeit: Contract No. 398},
 url = {https://dynastische-ehevertraege.online.uni-marburg.de/en/vertraege/398.html}
}