Marriage contract no. 406: Braunschweig-Grubenhagen - Braunschweig-Wolfenbüttel

Contract content

Article 1 (Image 2): Marriage agreed upon; bride’s consent mentioned; terms of the marriage settled

Article 2 (Images 2–3a): The dowry amounts to 20,000 guilders; Westerhoff Castle constitute the first 10,000 guilders; rights and jurisdiction settled; household goods, other possessions, and rights of use settled; Exceptions made for ecclesiastical and secular fiefs, taxes, succession to land, etc.; the remaining 10,000 guilders are to be paid within one year; a simple promissory note from Duke Philip mentioned

Article 3 (Image 3a): The bride’s renunciation of all paternal, maternal, and fraternal inheritances is regulated; the bride or her heirs shall receive a share of the inheritance if all male heirs of her house predecease her; a letter of renunciation sealed by the groom is required

Article 4 (Image 3a): The trousseau (silverware, clothing, jewelry, etc.), appropriate to the bride’s status, is stipulated

Article 5 (Figure 3a): The donatio propter nuptias amounts to 20,000 guilders

Article 6 (Figure 3a): The morning gift amounts to 200 talers annually for life

Article 7 (Figure 3a): The lifetime right of use of the dowry is regulated; Leases, interest, usufructs, etc., are regulated; the Grubenhagen castle and county, including the associated villages, jurisdiction, and rights, are designated as the dowry; a sealed register of inheritance is established, and its transfer to the bride’s father is regulated; the transfer or assignment of the widow’s estate to others is prohibited

Article 8 (Figs. 3a–3b): Provisions regarding the bride’s residence at Grubenhagen Castle; provisions regarding the county, villages, estates, and rights of use; mention of the cancellation of the betrothal agreement for 12,000 guilders; Provisions regarding the bride’s morning gift; the bride’s annual income amounts to 1,200 guilders; or provisions regarding receipt of one-third of the estate’s income along with all benefits, etc.?; courts, villages, fields, timber rights, waterways, annuities, hunting and fishing rights, etc., are regulated; no benefits are excluded; 10,000 guilders invested, 200 guilders annually as a dower and 200 talers as a morning gift, hunting rights, game, corvée labor, fishing rights, courts, receipt of annual interest, etc., regulated

Article 9 (Image 3b): The subjects of the widow’s estates shall not be burdened with penalties contrary to equity

Article 10 (Image 3b): Officials mentioned; knightly services for the bride regulated

Article 11 (Image 3b): Regulations governing the oath and homage of the officials and subjects of the dower to the bride following the consummation and upon the death of the groom; upon the death of the bride, regulations governing the oath and homage of the officials and subjects of the dower to Duke Ernst, Duke Wolfgang, their nearest heirs, or the next Dukes of Brunswick

Article 12 (Image 4a): Are the receipt of interest, usufruct, etc., regulated?; if the groom did not grant these rights during his lifetime; a sealed letter of transfer is mentioned following the marriage

Article 13 (Image 4a): When new officials are appointed to manage the dower: Regulations regarding homage and oath to the bride

Article 14 (Figure 4a): If the dower is ravaged or damaged to the extent that the bride can no longer receive her annual income from them or occupy her princely residence: Regulations regarding replacement of the widow’s residence; if the bride was in possession of the dower at the time of the destruction: Provision of necessary firewood, if this cannot be obtained from the dower, and assurance of assistance from the groom’s brothers for the repair of the dower

Article 15 (Figure 4a): Regulations governing the protection and defense of the bride regarding her life estate and her morning gift by the groom’s brothers and their heirs; regulations governing adequate assurance

Article 16 (Figures 4a–4b): Inspection of the dower regulated by the bride’s father’s advisors; assessment of whether the dower can yield the specified sums; inspection of the dower by the bride’s father’s advisors is authorized by Duke Ernst and Duke Wolfgang; ?; inspection regulated after the consummation of the marriage

Article 17 (Figure 4b): If the condition of the dower does not correspond to the status of a widow of the bride’s rank: Improvement of the dower is regulated by Duke Ernst, Duke Wolfgang, or Duke Philipp, or their heirs

Article 18 (Figure 4b): If the bride dies after the consummation of the marriage, before the groom, and without any legitimate heirs: The groom receives the lifetime right of use over the trousseau as listed in the inventory; upon the groom’s death, the trousseau passes to the bride’s father, Duke Heinrich, and his son, Duke Julius, or their male legitimate heirs, or to the bride’s nearest heirs

Article 19 (Fig. 4b–5a): If the bride dies after consumption, before the groom, and without any legitimate heirs: The groom receives the right to dispose of the dowry for life (the sum of money and the Westerhoff estate, as well as the agreed-upon rights thereto); upon the groom’s death, the sum of the dowry and the Westerhoff estate revert to the bride’s father or his heirs; until the sums are repaid, the bride’s father, his heirs, or the bride’s next of kin shall have the right to dispose of the aforementioned dower and receive the annual sum of 1,200 guilders and the 200 talers of the morning gift; ?; Deed of conveyance for the Westerhoff estate, mentioning the 10,000 guilders and the inventory list, and the drawing up of the deed?; Provisions regarding officials, bailiffs, and subjects are mentioned

Article 20 (Image 5a): Oaths and vows of the officials and subjects regarding the dower to the bride, the bride’s father, and their next of kin are regulated?; ?

Article 21 (Image 5a): Illegible

Article 22 (Image 5a): Oath of allegiance and duty to advise?

Article 23 (Image 5a): If there are direct heirs from the marriage, but they predecease the bride and groom: Inheritance provisions as previously stated

Article 24 (Figs. 5a–5b): If the bride dies after consumption, but before the groom, and there are direct descendants from the marriage: the dowry (including the Westerhoff estate along with all specified rights and appurtenances), the donatio propter nuptias, etc., pass to the heirs from the marriage; if the direct descendants from the marriage die: the dowry and the Westerhoff estate (including all rights, appurtenances, and household goods) shall be returned to the bride’s father or his heirs

Article 25 (Figure 5b): If the groom dies after the consummation of the marriage and before the bride, whether or not there are joint direct descendants: The bride receives the dowry (10,000 guilders and the Westerhoff estate), the donatio propter nuptias, and the morning gift; the acquisition of the dower is regulated; the right of lifetime use is regulated; deed concerning the life estate is regulated; the retention of the trousseau, household goods, etc., is regulated; reimbursement for necessary supplies, etc., by the heirs and descendants of the groom’s brothers?

Article 26 (Figures 5b–6b): If the bride remarries after the groom’s death: Redemption of the life estate, the morning gift, etc., is settled at 40,000 guilders; the bride’s father or his heirs receive the Westerhoff estate in exchange for an insurance policy in the amount of 10,000 guilders, if no surviving lineal heirs result from the marriage to Duke Philipp?; if there are surviving direct descendants from the marriage to Duke Philipp, the redemption sum amounts to 30,000 guilders; if the groom’s brothers do not wish to pay the sum of the donatio propter nuptias: shall the 20,000 guilders of the donatio propter nuptias be paid off with 2,000 guilders annually, or the 10,000 guilders with 100 guilders annually, together with interest and necessary maintenance and insurance?; lifelong receipt of the sums is stipulated; the transfer of the life estate and the morning gift upon receipt of the sum is stipulated; Exemption of officials, subjects, bailiffs, etc., on the widow’s estates from oaths and vows toward the bride is stipulated; the bride’s lifelong ownership of the 40,000 or 30,000 guilders is stipulated; Upon the bride’s death, the 40,000 or 30,000 guilders shall pass to the lineal heirs of the groom and the bride; upon their death, the sum shall pass to their lineal heirs; if there are no lineal heirs from the marriage: Westerhoff Estate and the 10,000 guilders shall pass to the bride’s father or his heirs; the 20,000 guilders of the donatio propter nuptias shall pass to the heirs of the groom or to the heirs of Duke Ernst or Duke Wolfgang

Article 27 (Figure 6b): “Mention of a deed concerning the life estate; mention of the necessary imperial confirmation?”

Article 28 (Image 6b): The bride may not be burdened with any debts of the groom or the groom’s brothers; the bride may not be pledged as collateral

Article 29 (Image 6b): Debts incurred by the bride after taking possession of the dower shall be settled by the heirs of the donatio propter nuptias

Article 30 (Image 6b): The sale, grant, alteration, or transfer of the dower without the permission of the groom’s brothers or the groom’s heirs is prohibited

Article 31 (Image 6b): The use of the dower by the groom’s brothers and heirs is prohibited

Article 32 (Fig. 6b–7a): The bride’s free use of the fiefs belonging to the widow’s estate is regulated; the granting of fiefs by the bride is regulated; provisions regarding knightly fiefs?; if the bride remarries: does the right to grant fiefs remain with the groom’s house?; the services remain reserved for the bride; Debts incurred by vassals on the widow’s estates are to be settled by the groom’s brothers or by the groom’s heirs

Article 33 (Fig. 7a): Opening of the widow’s estates by the groom or by the groom’s brothers possible

Article 34 (Image 7a): The costs of the consummation are to be paid by the bride’s father; the trousseau is mentioned

Article 35 (Image 7a): details of the bride’s transfer regulated?

Article 36 (Image 7a): A promise to abide by the contract

Article 37 (Fig. 7a–7b): Signatures and sealing mentioned; the groom’s consent mentioned; ratification of the contract by the groom stipulated; the groom’s promise to comply with the contract; sealing and signature by the groom stipulated

Regulations on inheritance law

Article 22 (Image 5a): Oath of allegiance and duty to advise?

Article 23 (Image 5a): If there are direct heirs from the marriage, but they predecease the bride and groom: Inheritance provisions as previously stated

Article 24 (Figs. 5a–5b): If the bride dies after consumption, but before the groom, and there are direct descendants from the marriage: the dowry (including the Westerhoff estate along with all specified rights and appurtenances), the donatio propter nuptias, etc., pass to the heirs from the marriage; if the direct descendants from the marriage die: the dowry and the Westerhoff estate (including all rights, appurtenances, and household goods) shall be returned to the bride’s father or his heirs

Article 25 (Figure 5b): If the groom dies after the consummation of the marriage and before the bride, whether or not there are joint direct descendants: The bride receives the dowry (10,000 guilders and the Westerhoff estate), the donatio propter nuptias, and the morning gift; the acquisition of the dower is regulated; the right of lifetime use is regulated; deed concerning the life estate is regulated; the retention of the trousseau, household goods, etc., is regulated; reimbursement for necessary supplies, etc., by the heirs and descendants of the groom’s brothers?

Article 26 (Figures 5b–6b): If the bride remarries after the groom’s death: Redemption of the life estate, the morning gift, etc., is settled at 40,000 guilders; the bride’s father or his heirs receive the Westerhoff estate in exchange for an insurance policy in the amount of 10,000 guilders, if no surviving lineal heirs result from the marriage to Duke Philipp?; if there are surviving direct descendants from the marriage to Duke Philipp, the redemption sum amounts to 30,000 guilders; if the groom’s brothers do not wish to pay the sum of the donatio propter nuptias: shall the 20,000 guilders of the donatio propter nuptias be paid off with 2,000 guilders annually, or the 10,000 guilders with 100 guilders annually, together with interest and necessary maintenance and insurance?; lifelong receipt of the sums is stipulated; the transfer of the life estate and the morning gift upon receipt of the sum is stipulated; Exemption of officials, subjects, bailiffs, etc., on the widow’s estates from oaths and vows toward the bride is stipulated; the bride’s lifelong ownership of the 40,000 or 30,000 guilders is stipulated; Upon the bride’s death, the 40,000 or 30,000 guilders shall pass to the lineal heirs of the groom and the bride; upon their death, the sum shall pass to their lineal heirs; if there are no lineal heirs from the marriage: Westerhoff Estate and the 10,000 guilders shall pass to the bride’s father or his heirs; the 20,000 guilders of the donatio propter nuptias shall pass to the heirs of the groom or to the heirs of Duke Ernst or Duke Wolfgang

External authorities involved

Article 27 (Figure 6b): “Mention of a deed concerning the life estate; mention of the necessary imperial confirmation?”

Commentary

No page numbers or numbering on the contract pages

The original contract is not divided into articles

References

• Archive copy: NLA Ha Cal. Or. 4 Nr. 93
• Contract language archive copy: German

Recommended citation

Dynastische Eheverträge der frühen Neuzeit. Contract No. 406. Philipps University of Marburg. Available online at https://dynastische-ehevertraege.online.uni-marburg.de/en/vertraege/406.html.

@misc{ Dynastische Ehevertr{“a}ge der fr{”u}hen Neuzeit, 
title = {Dynastische Ehevertr{“a}ge der fr{”u}hen Neuzeit: Contract No. 406},
 url = {https://dynastische-ehevertraege.online.uni-marburg.de/en/vertraege/406.html}
}