Marriage contract no. 4: Braunschweig-Wolfenbüttel - Sachsen

Contract content

Article 1 (p. 1): Marriage agreed, consummation arranged

Article 2 (p. 1-2): The dowry amounts to 30,000 talers, issuance of a receipt for the sum paid agreed; the bride is also granted a trousseau of silverware, jewellery, trinkets, etc.

Article 3 (p. 2): The morning gift amounts to 7,000 talers in principal or a payment of 350 talers annually

Article 4 (p. 2-3): The dowry amounts to 30,000 talers; it is agreed that the 60,000 talers from the dowry and dowry payment will be invested in castles, offices and estates belonging to the groom’s family; a widow’s residence or Leibgedinge is established, the castles and offices designated for this purpose may not be bequeathed elsewhere, rights of use are regulated; 6,000 talers set as annual maintenance on the dower; if the dower does not yield this sum, the groom’s family undertakes to make up any shortfall; financial resources are to be paid from the Wolfenbüttel chamber; corvée labour, fishing rights, etc. regulated; wood supply regulated

Article 5 (p. 3): The groom’s father undertakes, on behalf of himself and his heirs, to pay the officials’ salaries from the groom’s father’s chamber; however, the bride is also free to pay the officials from her own funds; furthermore, the officials may be appointed or dismissed at the bride’s discretion; appointment of officials regulated; Homage to the officials and subjects on the Leibgedinge after the wedding bed is regulated, homage to the bride’s father, the Elector of Saxony, or his descendants after the death of the widow is regulated, until revocation

Article 6 (p. 3): The widow’s right of dominion, authority and jurisdiction over the Leibgeding estates is regulated in accordance with the authoritative rights of Duke Julius’ ancestors.

Article 7 (p. 3-4): The opening of the Leibgeding estates in cases of need is reserved for Duke Julius, his son and their heirs; legislation and certain types of jurisdiction and jurisdiction also remain reserved for the dukes.

Article 8 (p. 4): Inspection of the dower by the bride’s father before the wedding night is regulated in order to check whether the promised benefits are being provided; if deficiencies are found, Duke Julius undertakes to remedy them or to compensate for them from the ducal chamber in Wolfenbüttel; if necessary, another office is pledged as security.

Article 9 (p. 4): Structural maintenance and repair of the widow’s residence at the expense of the groom’s father and his heirs.

Article 10 (pp. 4-5): Assurance of compliance with all articles relating to the widow’s dower by Duke Julius’ heirs and descendants.

Article 11 (p. 5): The secular and ecclesiastical subjects on the dowry retain their rights when the widow receives the dower.

Article 12 (p. 5): Opening of the widow’s dower without the permission of the groom’s father or his heirs is prohibited; the widow’s dower may not be encumbered with debts, repairs are guaranteed, and the limits of this obligation are specified

Article 13 (p. 5): Renunciation of inheritance by the bride for herself and her heirs to any inheritance from the Saxon line; letter of renunciation mentioned; inheritance for the bride and her heirs only occurs when all male heirs of the House of Saxony have died

Article 14 (pp. 5-6): If the bride dies before the groom and without physical heirs, the groom receives the lifelong right of use of the dowry; if the groom dies, the dowry reverts to the bride’s father and his heirs; until repayment is complete, the bride’s father or his heirs receive the right of disposal and the annual income of 3,000 talers from the aforementioned dowry property; in this case, officials, bailiffs, etc. are obliged to obey the bride’s father or his heirs.

Article 15 (p. 6): Regulations regarding the return of the dowry to the Saxon side in the event of the premature death of the bride; until the dowry has been repaid, the use of the widow’s property and the income generated therefrom shall be awarded to the Elector of Saxony and his heirs; Obligations of officials and subjects towards the Saxon side in this case are regulated.

Article 16 (p. 6): Regulations concerning the duties of loyalty of officials when the widow takes possession of her widow’s estate or the bride’s father obtains disposal of it, except for obligations in the course of hereditary homage.

Article 17 (p. 6): Repayment of the 30,000 guilders in the city of Magdeburg regulated.

Article 18 (p. 6): The bride may determine the inheritance of the morning gift in her will; if she does not determine this herself, the morning gift remains with the groom or his heirs.

Article 19 (p. 7): If the bride dies before the groom and without issue, and has not specified the inheritance of the dowry herself, the groom shall receive the right of disposal over it for life; An inventory list of the trousseau shall be drawn up; after the death of the groom, the trousseau shall revert to the bride’s father or his heirs.

Article 20 (p. 7): If children are born of the marriage but die before the bride and groom without leaving any heirs of their own, the aforementioned inheritance rules shall apply.

Article 21 (p. 7): If there are legitimate heirs from the marriage, the groom and the legitimate heirs inherit the dowry and trousseau after the bride’s death.

Article 22 (pp. 7-8): If the groom dies before the bride and there are minor children: guardianship is regulated, the widow’s dower is regulated, the widow’s dower is guaranteed to be debt-free, the prescription of the widow’s dower is regulated, the widow’s furnishings and maintenance are regulated; the use of the widow’s dower is regulated: rights of use and income are guaranteed as long as the widow does not remarry.

Article 23 (p. 8): Provision of wine and beer, food, supplies and household goods for the widow’s residence regulated.

Article 24 (p. 8): After the death of the groom, the bride receives the morning gift, the Leibgeding, the dowry and 6,350 talers annually.

Article 25 (pp. 8-9): If the widow remarries: redemption of the Leibgeding by payment of the 30,000 talers of the dowry, 350 talers of the morning gift and 7,000 additional talers, as well as the granting of a lifetime pension of 3,000 talers per annum instead of a payment of the Widerlage; until the sums have been paid, the widow receives the right of disposal over the dowry; after the death of the bride, the heirs from the first marriage inherit the aforementioned sums

Article 26 (p. 9): If the widow remarries and there are heirs from both her first and second marriages, the dowry shall be divided equally between the heirs from the first and second marriages

Article 27 (p. 9): Transfer of the dower after payment of the redemption sum is regulated; the officials etc. are released from their oaths to the bride

Article 28 (p. 9): If there are children from the first marriage and they die before the groom or there are no children, the bride shall be able to receive and use her widow’s dower in accordance with the preceding provisions in the event of widowhood; after her death, the dowry shall revert to the Saxon side and the widow’s dower to the Brunswick side.

Article 29 (p. 9): After the death of the groom, the bride shall not be burdened with any debts that he may have incurred before or after the consummation of the marriage; no claims may be made on the widow’s dower, the dowry or the morning gift.

Article 30 (p. 10): Succession in the Principality of Brunswick regulated: After the death of the groom’s father, the groom shall succeed; should he die, the first son from the marriage between Dorothea and Heinrich Julius shall succeed as duke.

Article 31 (p. 10): Instruction of knightly services in favour of the bride regulated in accordance with the regulations that applied to Duke Julius’ mother.

Article 32 (p. 10): If the bride or groom dies before consummation of the marriage, the contract is void

Article 33 (p. 10): Promise to comply with the contract

Article 34 (pp. 10-11): Notarisation regulated

Regulations on succession to the throne

Article 30 (p. 10): Succession in the Principality of Brunswick regulated: After the death of the groom’s father, the groom shall succeed; should he die, the first son from the marriage between Dorothea and Heinrich Julius shall succeed as duke.

Regulations on inheritance law

Article 13 (p. 5): Renunciation of inheritance by the bride for herself and her heirs to any inheritance from the Saxon line; letter of renunciation mentioned; inheritance for the bride and her heirs shall only occur when all male heirs of the House of Saxony have died

Article 14 (pp. 5-6): If the bride dies before the groom and without natural heirs, the groom receives the lifelong right of use of the dowry; if the groom dies, the dowry reverts to the bride’s father and his heirs; until repayment is complete, the bride’s father or his heirs receive the right of disposal and the annual income of 3,000 talers from the aforementioned dowry property; in this case, officials, bailiffs, etc. are obliged to obey the bride’s father or his heirs.

Article 18 (p. 6): The bride may determine the inheritance of the morning gift in her will; if she does not determine this herself, the morning gift remains with the groom or his heirs.

Article 19 (p. 7): If the bride dies before the groom and without bodily heirs and has not specified the inheritance of the dowry herself, the groom receives the lifelong right of disposal over it; the drawing up of an inventory list of the dowry is agreed; after the death of the groom, the dowry reverts to the bride’s father or his heirs.

Article 20 (p. 7): If children are born from the marriage but die before the bride and groom without leaving any heirs of their own, the aforementioned inheritance provisions shall apply.

Article 21 (p. 7): If there are legitimate heirs from the marriage, the groom and the legitimate heirs inherit the dowry and trousseau after the bride’s death.

Article 22 (pp. 7-8): If the groom dies before the bride and there are minor children: guardianship is regulated, the widow’s dower is regulated, the widow’s dower is guaranteed to be debt-free, the prescription of the widow’s dower is regulated, the widow’s furnishings and maintenance are regulated; the use of the widow’s dower is regulated: rights of use and income are guaranteed as long as the widow does not remarry.

Text reference to past events

Article 31 (p. 10): Instruction of knightly services in favour of the bride regulated, in accordance with the regulations that applied to Duke Julius’ mother

Commentary

Original contract not divided into articles.

References

• Archive copy: HStA Drd 10001 O.U. 12153 (1584 V 5)
• Contract language archive copy: German

Recommended citation

Dynastische Eheverträge der frühen Neuzeit. Contract No. 4. Philipps University of Marburg. Available online at https://dynastische-ehevertraege.online.uni-marburg.de/en/vertraege/4.html.

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title = {Dynastische Ehevertr{“a}ge der fr{”u}hen Neuzeit: Contract No. 4},
 url = {https://dynastische-ehevertraege.online.uni-marburg.de/en/vertraege/4.html}
}