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Researching the
Fortress of Louisbourg National Historic Site of Canada
Recherche sur la Forteresse-de-Louisbourg Lieu historique national du Canada
Extracts of Matters of Historical Interest from "The Huissier, News For and About the Fortress of Louisbourg Heritage Presentation Staff" By The Fortress of Louisbourg Heritage Presentation Staff
THE HUISSIER
(July 16, 2009)
Marriage Contracts
By Anne Marie Lane Jonah, Historian
In the 18th century French couples planning to get married saw the notary before
they saw the
priest. With family and close
friends present as witnesses, the notary wrote up their marriage contract
outlining the fiscal terms
of their relationship and the conditions
of distribution of future inheritance. Specifically, the contract stated who was
bringing what into
the marriage and who would
keep what upon its end, usually meaning the death of one of the spouses.
Normally the couple pooled
all that they had in a
“community of goods.” The wife was expected to bring to the community a dot, a
sum of money or a
value in goods, to help the
young couple start out. The husband usually contributed all of his own property
to the community,
but sometimes this was limited by
the conditions of the contract. The community of goods was managed by the
husband and was
responsible for all debts owed at the
time of his death.
The Custom of Paris, the body of civil law in force in Louisbourg, gave
rules as to how an estate would be divided after the death of one spouse. The
marriage contract guaranteed the widow payment of a certain amount prior to the
settlement of the estate’s debts. The largest payment was her dowry, douaire, an
amount named as either a share of the estate, a lump sum or an annual payment.
The dowry limited a man’s access to credit and therefore had to be a realistic
amount based on an estimate of his estate’s value. The surviving spouse also got
to keep his or her personal goods that were never shared in the community of
goods, their propres. The widow or widower also was often promised a preferred
share, a preciput, which would allow them to keep a value that traditionally
represented
the clothing, bedroom furniture and jewelry appropriate for their station
in life. Once these amounts were subtracted, the estate’s debts would be paid
and
then what remained divided as inheritance. A widower would keep complete
control of the estate whereas a widow normally retained the use value, usufruit,
of one half of the estate for the rest of her life; upon her death it would pass
as
inheritance to the remaining heirs of that union. The other half of the estate
was
divided among the children of the marriage, to be managed by an appointed
tuteur (in Louisbourg often their mother) if they were still minors.
These examples of the terms of marriage contracts are drawn from summaries in
the research files at
Louisbourg and translated by
the author:
Marriage contract of Michel Dupont Duvivier de Gourville (parents Sr. Dupont
Duvivier and Marie
d’Entremont) 27 years old, Captain
of a Company and Marie Josephe Gautier (parents Nicolas Gautier and Marie Allain
Labadie) 18 years
old of Port Royal.
Dot: Sr. Nicolas Gautier has promised and is obliged to deliver in the month of
July 1738 the sum of
ten thousand livres in silver,
half of this sum will enter into the community of goods and 5 thousand livres
will remain in the
nature of propres to the wife and
children who will be born of this future marriage and further he promises to
give in this said month
of July 1738 the dishes in silver
and the furniture mentioned hereafter: 12 settings of silver, a large bed
trimmed, 12 chairs, 1
table, 2 armchairs, 1 commode, 1 desk,
20 aunes of tapestry of verdure, 6 sets of sheets, 6 dozen napkins, 8 table
cloths of worked toile
and 8 tablecloths of whole toile.
Dowry: 4000 livres.
G3 2046-1/9 26/07/1737
Marriage contract of Nicolas Bottier dit Berichon (parents Nicolas Bottier dit
Berichon and Marie
Charlotte Broullier) to Jeanne
Thesson (parents Elie Thesson dit la Flourie and Simone Million). All in Scatary.
Dot: Elie Thesson and Simone Million have in advance of their future successions
given their
daughter the sum of 5000 livres, in the form of 3 500 livres in furniture,
linens and clothing for
the use of the future
spouses, and in 2 chaloupes fitted for the fishery… For the remaining 1500
livres
they have promised to give half in the ownership of a schooner named the Marie
Jeanne… One third of the stated 5000 livres will enter into the future community
and the two other thirds will stay out in the nature of propres.
Dowry: the customary dowry or the sum of 3000 livres of prefixed dowry according
to the choice of the future wife or her heirs.
Preciput: will be equal and reciprocal (for either spouse) to the sum of 500
livres.
Dot/Dowry: They give to each other equally in the case that at the time of the
death of one of the spouses there is no child born or expected from their
marriage.
G3 2039-1/72 10/10/1733
Marriage Contract of Bernard Cazenave, employed in the maintenance of beds of
the troops (parents Jean Cazenave and Marie du Martin of the parish of Grenade
in the bishopric of Aires in Gascony) and Renée Marie Claveau (parents Pierre
Claveau and Marie Angibeaud of the parish of St. Saveur in La Rochelle)
Dot: She brings to the community in the form of silver, linens, clothing and
furniture
the sum of 850 livres, which will come out of the community in the form of
propre.
Dowry: He brings to the community in the form of silver, clothing, linens and
furniture the sum of 1000 livres, which will come out of the community in the
form of propre. The future husband gives to his future wife the sum of 400
livres
in prefixed dowry.
Dot/Dowry: They give to each other all of their goods in the case that there are
no children born of their future marriage.
G3 2041-2/33 16/06/1753.
By Anne Marie Lane Jonah
Questions? Ask an historian: Annemarie.jonah@pc.gc.ca