Marriage contract no. 402: Geldern - Braunschweig-Lüneburg

Contract content

Article 1 (Images 3-4): Marriage decided, consent of the bride and groom mentioned, one-year waiting period stipulated due to the bride’s age; church attendance stipulated

Article 2 (Image 4): The dowry amounts to 32,000, payment deadlines stipulated, payment to the groom’s father stipulated, payment arrangements stipulated

Article 3 (Image 4): The bride renounces her inheritance from her father, mother and brothers; Imperial, ecclesiastical and secular consent mentioned

Article 4 (Image 4): The Donatio propter nuptias amounts to 32,000

Article 5 (Image 4): Investment of the 64,000 regulated; yield of 3,200 as annual income of the bride and groom regulated; ?

Article 6 (Images 4-5): Goods for the support of the bride and groom specified, including Asseburg, etc., together with the associated villages, bailiwicks, subjects, corvée labour, etc.; rights such as fishing, hunting and timber rights, etc. regulated; authority and jurisdiction regulated; income and assessment? regulated; hunting rights?; Use during the bride’s widowhood, including the aforementioned rights and income, regulated

Article 7 (Image 5): Oath of subjects, citizens and officials on the widow’s property to the bride after the death of the groom regulated; Accession and use of the widow’s property by the bride regulated, widow’s letter mentioned; Obedience and homage of the subjects assured, lifelong rights of the bride regulated

Article 8 (Images 5-6): Encumbrances on the widow’s estate are to be redeemed by the groom’s father and his heirs

Article 9 (Image 6): The bride may grant vacant fiefs on the widow’s estates; ecclesiastical fiefs are granted by the groom’s father or his heirs.

Article 10 (Image 6): Ecclesiastical and secular subjects on the widow’s estates shall retain their previous rights and freedoms.

Article 11 (Image 6): The father of the groom and his heirs reserve the rights of opening, inheritance and land valuation of the widow’s estates; opening of the widow’s estates at the expense of the father of the groom or his heirs is regulated.

Article 12 (Image 6): Exchange of the widow’s estates in the event of damage to the aforementioned widow’s estates is regulated; Settlement within six months regulated

Article 13 (Figure 6): Protection of the bride, the widow’s estate and the morning gift by the father of the groom, his heirs or the heirs of the groom regulated

Article 14 (Figures 6-7): If the groom dies before the bride and there are joint, underage heirs: guardianship regulated according to the domestic law of the House of Brunswick, acquisition of the widow’s property by the bride regulated; the bride’s move into the widow’s estate is regulated, the bride’s lifelong, unhindered use of the widow’s estate is regulated, household goods for the widow’s estate are awarded, fruits are mentioned, and the receipt of the trousseau is regulated.

Article 15 (Image 7): If the bride remarries after the death of the groom: Redemption of the widow’s estate with 32,000 of the dowry regulated, the sums of the Donatio propter nuptias and the morning gift are to remain in the widow’s estate, annual payments regulated?, deadlines regulated; transfer of the widow’s estate after payment regulated, the bride retains the household goods and the trousseau

Article 16 (Figures 7-8): If the bride remarries after the death of the groom and there are heirs from the first marriage: Inheritance of the 32,000 and the trousseau after the death of the bride to the descendants from the first marriage regulated

Article 17 (Figure 8): If the bride remarries after the death of the groom and there are heirs from the first marriage: Reversion of the estate to the bride’s brother or the bride’s next heirs and the groom’s family; until repayment is made to the bride’s heirs: rights of use of the widow’s property for the bride’s heirs are regulated, obligations of subjects towards the bride’s heirs are regulated; the whereabouts of the fruits etc. in the widow’s property are regulated; guns etc. remain in the widow’s property; ?

Article 18 (Figure 8): If the bride dies before the groom and there are no common descendants: The groom receives the lifelong right of use of the dowry; after his death, the dowry reverts to the bride’s brother or his heirs;

Payment arrangements mentioned.

Article 19 (Image 9): Debts incurred by the bride during the marriage shall be repaid by the groom or his heirs; debts incurred during the widowhood period shall be repaid by the bride’s next heirs with the donatio propter nuptias.

Article 20 (Figure 9): Morning gift awarded; annual addition regulated by the groom’s father; office mentioned; widow’s property and annual income in the event of widowhood mentioned again; free right of use of the morning gift by the bride regulated, the bride may bequeath the morning gift according to her wishes; Regulations concerning the father of the groom, the groom or their heirs and the morning gift.

Article 21 (Figure 9): Consummating the marriage regulated when the bride reaches the age of 18; provision of a trousseau (clothes, jewellery, etc.) regulated; office mentioned, costs to be borne by the bride’s brother.

Article 22 (Images 9-10): Wedding and consummation of the marriage regulated, payment by the groom’s father, the groom or the bride’s brother regulated.

Article 23 (Image 10): If the bride or groom dies before the consummation of the marriage: marriage contract invalid.

Article 24 (Image 10): If the father of the groom dies: succession by the groom; if the groom is already deceased: succession by the eldest son of the groom and bride.

Article 25 (Image 10): Compliance with the contract promised

Article 26 (Image 10): Consent and ratification of the contract regulated by the groom

Regulations on inheritance law

Article 3 (Image 4): Renunciation of inheritance by the bride from her father, mother and brothers; Imperial, ecclesiastical and secular consent mentioned

Article 14 (Images 6-7): If the groom dies before the bride and there are joint, underage biological heirs: guardianship regulated according to the domestic law of the House of Brunswick, the bride’s right to a dower regulated; The bride’s move into the widow’s estate is regulated, lifelong, unhindered use of the widow’s estate by the bride is regulated, household goods for the widow’s estate are awarded, fruits are mentioned, receipt of the trousseau is regulated.

Article 16 (Images 7-8): If the bride remarries after the death of the groom and there are heirs from the first marriage: inheritance of the 32,000 and the trousseau after the death of the bride to the descendants from the first marriage regulated.

Article 17 (Image 8): If the bride remarries after the death of the groom and there are heirs from the first marriage: Reversion of the estate to the bride’s brother or the bride’s next heirs and the groom’s family; until repayment is made to the bride’s heirs: rights of use of the widow’s property for the bride’s heirs are regulated, obligations of subjects towards the bride’s heirs are regulated; the whereabouts of the fruits etc. in the widow’s property are regulated; guns etc. remain in the widow’s property; ?

Article 18 (Image 8): If the bride dies before the groom and there are no common descendants: The groom receives the lifelong right of use over the dowry; after his death, the dowry reverts to the bride’s brother or his heirs; payment arrangements mentioned.

Article 19 (Image 9): Debts incurred by the bride during the marriage are to be repaid by the groom or his heirs; debts incurred during the widowhood period are to be repaid by the bride’s next heirs with Donatio propter nuptias.

Article 20 (Image 9): Morning gift awarded; annual supplement regulated by the groom’s father; office mentioned; widow’s property and annual income in the event of widowhood mentioned again; free right of use of the morning gift regulated by the bride, the bride may bequeath the morning gift according to her wishes; regulations concerning the groom’s father, the groom or their heirs and the morning gift

Ratifications, confirmations, approvals

Article 3 (image 4): Renunciation of inheritance by the bride from her father, mother and brothers; imperial, ecclesiastical and secular consent mentioned

Article 26 (image 10): Consent and ratification of the contract regulated by the groom

Commentary

Original contract not divided into articles

Original contract not numbered/foldered

References

• Archive copy: NLA Ha Cal. Br. 24 No. 8415
• Contract language archive copy: German

Recommended citation

Dynastische Eheverträge der frühen Neuzeit. Contract No. 402. Philipps University of Marburg. Available online at https://dynastische-ehevertraege.online.uni-marburg.de/en/vertraege/402.html.

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title = {Dynastische Ehevertr{“a}ge der fr{”u}hen Neuzeit: Contract No. 402},
 url = {https://dynastische-ehevertraege.online.uni-marburg.de/en/vertraege/402.html}
}