Marriage contract no. 75: Polen - Österreich

Contract content

(Polish negotiators declare:)

[Pre] – Courtship and consent of the Emperor, other guardians of the bride and the bride declared – to the praise and honour of God and Mary, for the preservation and growth of Christianity, for the consolidation of the empires and lands of both Majesties and for the strengthening of the blood ties between the Majesties through new kinship: Marriage with papal dispensation and contractual provisions declared (272 re – 273 li)

[1] – Dowry determined: payment regulated (273 li)

[2] – Donatio propter nuptias determined: payment regulated, investment of donatio propter nuptias and donatio propter nuptias in Polish widow’s estates regulated, swearing-in and obedience of subjects on widow’s estates for widowhood period regulated (273 li – re))

[3] – Morning gift regulated: at the discretion of the groom (273 re)

[4] – After the death of the bride: devolution of dowry, donatio propter nuptias and morning gift to the groom and the Polish crown regulated (273 re)

[5] – After the death of the groom: use of widow’s property and morning gift by the bride for life regulated, reversion of donatio propter nuptias after the death of the bride regulated, possibly testamentary donation or inheritance to children or reversion of dowry and morning gift to the bride’s family regulated (273 re – 274 li)

[6] – Legal status of the bride as Queen of Poland regulated (274 li – re)

[7] – Bride’s right of disposal over personal property regulated: right to make a will guaranteed, inheritance regulated (274 re)

[8] – Inheritance of the bride’s gains during the marriage regulated (274 re – 275 li)

[9] – Right of disposal and right to make a will granted to the bride with regard to personal property and gains (275 li)

[10] – Renunciation of inheritance by the bride regulated: paternal and maternal inheritance, property of the House of Austria, except in the event of the extinction of the House of Austria in the male line, with the consent of the groom (275 li)

[11] – In the event of the death of the bride or groom before the wedding: nullity of the contract agreed (275 li)

[12] – Ratification regulated (275 li)

[13] – Marriage by the groom’s procurator in Vienna regulated (275 li – re)

Regulations on succession to the throne

[6] – Legal status of the bride as Queen of Poland regulated - 6

Regulations on inheritance law

after the death of the bride: Transfer of dowry, donatio propter nuptias and morning gift to the groom and the Polish crown regulated - 4

After the death of the groom: use of widow’s property and morning gift by the bride for life regulated, reversion of donatio propter nuptias after the death of the bride regulated, possibly testamentary donation or inheritance to children or reversion of dowry and morning gift to the bride’s family regulated - 5

Right of disposal of the bride over personal property regulated: right to make a will guaranteed, inheritance regulated - 7

Inheritance of the bride’s gains during the marriage regulated (274 re – 275 li) - 8

Right of disposal and right to make a will of the bride over personal property and gains guaranteed - 9

Regulation of the bride’s renunciation of inheritance: paternal and maternal inheritance, property of the House of Austria, except in the event of the extinction of the House of Austria in the male line, with the consent of the groom - 10

External authorities involved

Pope: Marriage with papal dispensation declared - Pre

Ratifications, confirmations, approvals

Marriage with papal dispensation announced - Pre

Ratification regulated - 12

Further contracts between contracting parties

Peace treaty of Beuthen and Bendzin 09.03.1589 on Archduke Maximilian III’s renunciation of the Polish throne

Alliance (no location) 10 July 1589

References

• Printed evidence: Dogiel 1758-1764, pp. 272-275
• Language of the treaty (printed): Latin

Recommended citation

Dynastische Eheverträge der frühen Neuzeit. Contract No. 75. Philipps University of Marburg. Available online at https://dynastische-ehevertraege.online.uni-marburg.de/en/vertraege/75.html.

@misc{ Dynastische Ehevertr{“a}ge der fr{”u}hen Neuzeit, 
title = {Dynastische Ehevertr{“a}ge der fr{”u}hen Neuzeit: Contract No. 75},
 url = {https://dynastische-ehevertraege.online.uni-marburg.de/en/vertraege/75.html}
}