Marriage contract no. 74: Österreich - Spanien

Contract content

Preamble 1 (fol. 01r): Marriage decided, papal dispensation necessary

Preamble 2 (fol. 01r-01v): Pacta dotalia decided; ambassador to Spain mentioned, authorisation regulated

Article 1 (fol. 01v-02r): Instead of an inheritance, the bride receives a dowry of 500,000 escudos, payment before the festivities regulated, means of payment regulated?

Article 2 (fol. 02r): Insurance of the dowry regulated; in the event of dissolution of the marriage without children: the dowry must be returned immediately?; during the marriage, the income from the dowry and the dowry itself are at the disposal of the groom?; complete restoration of the dowry regulated, the bride receives free disposal of her property and the dowry?; Insurance and mortgages regulated.

Article 3 (fol. 02r-02v): Gift of jewellery to the bride regulated; the jewellery remains at the disposal of the bride and her heirs.

Article 4 (fol. 02v-03r): If the groom dies before the bride: The bride receives the dowry, the jewellery and her other possessions (clothes, movable property, gold, silver, etc.), the jewellery belonging to the archbishop’s house must remain there, the jewellery belonging to the archbishop’s house cannot be given to anyone else, morning gift or donatio propter nuptias amounting to 24,000 escudos or 36,000? Insurance of the sum is regulated, the proceeds of the morning gift/donatio propter nuptias are collected by the bride’s servants; the bride may dismiss the servants.

Article 5 (fol. 03r): If the groom dies before the bride: The bride receives the shares of the 24,000 escudos for life, even if she remarries or there are heirs from the first marriage.

Article 6 (fol. 03r-03v): If there are heirs from the first marriage: The groom grants the bride a sum for the maintenance of her chamber and to cover other necessities; the bride receives a share of her dowry?; further regulations regarding the bride’s property?; if the bride remains a widow or remarries and there are heirs from the second marriage or not: The bride receives half of the aforementioned sums and half of the jewellery she received from the groom if she has heirs from her first marriage; the other halves are received by the joint heirs with the first groom; if there are no heirs from the first marriage: receipt of the aforementioned sum is regulated; ?

Article 7 (fol. 04r): Is a receipt/payment slip for sums owed necessary? Full payment is regulated on the day after the wedding celebrations, agreements are regulated, renunciation is regulated, further claims are excluded; the right of succession only applies to the bride and her heirs if there are no other heirs in the paternal line?

Article 8 (fol. 04r-04v): If the groom dies before the bride and the bride remains a widow: The bride is free to decide whether to return to Spain or remain in Austria; if the bride remains in Austria: widow’s residence regulated, Linz Castle and Palace named, another widow’s residence possible, residence in Graz excluded, widow’s residence regulated according to the bride’s choice; if the bride remarries: relinquishment of the widow’s residence regulated, rights of use of the widow’s residence lapse?, further annual receipt of a sum regulated; Dowry pact of the marriage between Infanta Marie and Emperor Ferdinand III mentioned, which contains a similar article

Article 9 (fol. 04v-05v): Queen Anne, Infanta of Spain mentioned, renunciation of this queen together with the permission of her husband Louis XIII mentioned, resulting exclusion from the line of succession mentioned; Exclusion from the line of succession in the title and lands of the Spanish king regulated; ?; Infanta Maria reserves her rights; the same renunciation is agreed for the bride as that made by her sister, the Queen of France; Confirmation mentioned; succession for the bride and her descendants only occurs when all male heirs of the paternal line have died?; first, the Queen of France inherits the paternal estate if she survives her husband and there are no children from the marriage, then the bride?; otherwise, succession regulated via the brothers?

Article 10 (fol. 05v-06r): Renunciation of the Infanta Anna mentioned, rights of the Infanta Maria mentioned?; renunciation of the Infanta Maria mentioned; renunciation of the bride regulated in the same way as that of her sister, the Queen of France, reservations regulated.

Article 11 (fol. 06r-06v): Compliance with the marriage contract promised; conclusion of contract mentioned; sealing regulated; notaries? mentioned; witnesses mentioned; place (Royal Palace in Madrid) and date (18 December 1663) mentioned; mention of the authorised representatives.

Appendix (fol. 06v-07v): Regulation of the groom’s obtaining of papal dispensation; marriage for the preservation of peace; regulation of marriage by proxy; mention of agreement etc. of the contract; mention of contractual instruments; ?; contract regulated by authorised representatives?; 8 August 1663, mention of Leopold; signature of an ambassador?

Appendix (fol. 08r-09r): Confirmation of the contract by the Spanish king; papal dispensation mentioned; ambassador mentioned; authorisation for negotiations regulated; commission mentioned; authorised representatives named; authorisation to conclude the marriage contract mentioned; existing articles and clauses mentioned; compliance with the marriage promised; Ratification regulated; place (Madrid) and date (29 July 1663) named; signatures (fol. 09r): Present copy of the Spanish original; imperial sealing regulated, date (30 March 1686)? named.

Note (fol. 09r): The Spanish dowry was not paid

Regulations on succession to the throne

Article 9 (fol. 04v-05v): Queen Anne, Infanta of Spain mentioned, renunciation of this queen together with the permission of her husband Louis XIII mentioned, resulting exclusion from the line of succession mentioned; exclusion from the line of succession in the title and lands of the Spanish king regulated; ?; Infanta Maria reserves her rights; the same renunciation is agreed for the bride as that made by her sister, the Queen of France; confirmation mentioned; succession for the bride and her descendants only occurs when all male heirs of the paternal line have died?; First, the Queen of France shall inherit her father’s estate if she survives her husband and there are no children from the marriage, then the bride?; otherwise, succession shall be regulated via the brothers?

Article 10 (fol. 05v-06r): Renunciation of Infanta Anna mentioned, rights of Infanta Maria mentioned?; Renunciation of Infanta Maria mentioned; Renunciation of the bride as that of her sister, Queen of France, regulated, reservations regulated.

Regulations on inheritance law

Article 1 (fol. 01v-02r): Instead of an inheritance, the bride receives a dowry of 500,000 escudos, payment before the festivities regulated, means of payment regulated?

Article 2 (fol. 02r): Insurance of the dowry regulated; in the event of dissolution of the marriage without children: the dowry must be returned immediately?; during the marriage, the income from the dowry and the dowry itself are at the disposal of the groom?; complete restoration of the dowry regulated, the bride receives free disposal of her property and the dowry?; Insurance and mortgages regulated.

Article 3 (fol. 02r-02v): Gift of jewellery to the bride regulated; the jewellery remains at the disposal of the bride and her heirs.

Article 4 (fol. 02v-03r): If the groom dies before the bride: The bride receives the dowry, the jewellery and her other possessions (clothes, movable property, gold, silver, etc.), the jewellery belonging to the archbishop’s house must remain there, the jewellery belonging to the archbishop’s house cannot be given to anyone else, morning gift or donatio propter nuptias amounting to 24,000 escudos or 36,000? Insurance of the sum is regulated, the proceeds of the morning gift/donatio propter nuptias are collected by the bride’s servants; the bride may dismiss the servants.

Article 5 (fol. 03r): If the groom dies before the bride: The bride receives the shares of the 24,000 escudos for life, even if she remarries or there are heirs from the first marriage.

Article 6 (fol. 03r-03v): If there are heirs from the first marriage: The groom grants the bride a sum for the maintenance of her chamber and to cover other necessities; the bride receives a share of her dowry?; further regulations regarding the bride’s property?; if the bride remains a widow or remarries and there are heirs from the second marriage or not: The bride receives half of the aforementioned sums and half of the jewellery she received from the groom if she has heirs from her first marriage; the other halves are received by the joint heirs with the first groom; if there are no heirs from the first marriage: receipt of the aforementioned sum is regulated; ?

Article 7 (fol. 04r): Is a receipt/payment slip for sums owed necessary? Full payment is regulated on the day after the wedding celebrations, agreements are regulated, renunciation is regulated, further claims are excluded; the right of succession only applies to the bride and her heirs if there are no other heirs in the paternal line?

Article 8 (fol. 04r-04v): If the groom dies before the bride and the bride remains a widow: The bride is free to decide whether to return to Spain or remain in Austria; if the bride remains in Austria: widow’s residence regulated, castle and palace in Linz named, another widow’s residence possible, residence in Graz excluded, widow’s residence regulated according to the bride’s choice; if the bride remarries: relinquishment of the widow’s residence regulated, rights of use of the widow’s residence lapse?, further annual receipt of a sum regulated; dowry pact of the marriage between Infanta Marie and Emperor Ferdinand III mentioned, which contains a similar article

Article 9 (fol. 04v-05v): Queen Anne, Infanta of Spain mentioned, renunciation of this queen together with the permission of her husband Louis XIII mentioned, resulting exclusion from the line of succession mentioned; Exclusion from the line of succession in the title and lands of the Spanish king regulated; ?; Infanta Maria reserves her rights; the same renunciation is agreed for the bride as that made by her sister, the Queen of France; Confirmation mentioned; succession for the bride and her descendants only occurs when all male heirs of the paternal line have died?; first, the Queen of France inherits the paternal estate if she survives her husband and there are no children from the marriage, then the bride?; otherwise, succession regulated via the brothers?

Article 10 (fol. 05v-06r): Renunciation of the Infanta Anna mentioned, rights of the Infanta Maria mentioned?; Renunciation of the Infanta Maria mentioned; Renunciation of the bride regulated in the same way as that of her sister, Queen of France, reservations regulated.

External authorities involved

Pope: Preamble 1 (fol. 01r): Marriage decided, papal dispensation necessary; Appendix (fol. 06v-07v): Obtaining of papal dispensation by the groom regulated; Marriage for the preservation of peace; Marriage by proxy regulated; Agreement etc. of the contract mentioned; Contract instruments mentioned; ?; Contract regulated by authorised representatives?; 08.08.1663, Leopold mentioned; Signature of an ambassador? ; Appendix (fol. 08r-09r): Confirmation of the contract by the Spanish king; Papal dispensation mentioned; Ambassador mentioned; authorisation for negotiations regulated; commission mentioned; authorised representatives named; authorisation to conclude the marriage contract mentioned; existing articles and clauses mentioned; compliance with the marriage promised; ratification regulated; place (Madrid) and date (29 July 1663) mentioned; signatures

Ratifications, confirmations, approvals

Preamble 1 (fol. 01r): Marriage decided, papal dispensation necessary

Appendix (fol. 06v-07v): Obtaining of papal dispensation by the groom regulated; Marriage for the preservation of peace; marriage by proxy regulated; agreement etc. of the contract mentioned; contractual instruments mentioned; ?; contract regulated by authorised representatives?; 8 August 1663, Leopold mentioned; signature of an ambassador?

Appendix (fol. 08r-09r): Confirmation of the contract by the Spanish king; Papal dispensation mentioned; Ambassador mentioned Authorisation for negotiations regulated, commission mentioned Authorised representatives named, authorisation to conclude the marriage contract mentioned, existing articles and clauses mentioned; Compliance with the marriage promised; Ratification regulated; Place (Madrid) and date (29 July 1663) mentioned; Signatures

Text reference to past events

Article 8 (fol. 04r-04v): If the groom dies before the bride and the bride remains a widow: The bride is free to decide whether to return to Spain or remain in Austria; if the bride remains in Austria: widow’s residence regulated, Linz Castle and Palace mentioned, another widow’s residence is possible, residence in Graz excluded, widow’s residence regulated according to the bride’s choice; if the bride remarries: relinquishment of the widow’s residence regulated, rights of use of the widow’s residence lapse?, further annual receipt of a sum regulated; Dowry pact of the marriage between Infanta Marie and Emperor Ferdinand III mentioned, which contains a similar article

Article 9 (fol. 04v-05v): Queen Anne, Infanta of Spain mentioned, renunciation of this queen together with the permission of her husband Louis XIII mentioned, resulting exclusion from the line of succession mentioned; Exclusion from the line of succession in the title and lands of the Spanish king regulated; ?; Infanta Maria reserves her rights; the same renunciation is agreed for the bride as that made by her sister, the Queen of France; Confirmation mentioned; succession for the bride and her descendants only occurs when all male heirs of the paternal line have died?; first, the Queen of France inherits the paternal estate if she survives her husband and there are no children from the marriage, then the bride?; otherwise, succession regulated via the brothers?

Article 10 (fol. 05v-06r): Renunciation of the Infanta Anna mentioned, rights of the Infanta Maria mentioned?; Renunciation of the Infanta Maria mentioned; Renunciation of the bride regulated in the same way as that of her sister, the Queen of France, reservations regulated.

Commentary

Original contract divided into articles No foliation/numbering of contract pages

Literature

References

• Archive copy: HHSTA Austria FUK 1729 1663 XII 18 - 1
• Contract language archive copy: German

Recommended citation

Dynastische Eheverträge der frühen Neuzeit. Contract No. 74. Philipps University of Marburg. Available online at https://dynastische-ehevertraege.online.uni-marburg.de/en/vertraege/74.html.

@misc{ Dynastische Ehevertr{“a}ge der fr{”u}hen Neuzeit, 
title = {Dynastische Ehevertr{“a}ge der fr{”u}hen Neuzeit: Contract No. 74},
 url = {https://dynastische-ehevertraege.online.uni-marburg.de/en/vertraege/74.html}
}