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OBERBAYERISCHE LANDRECHT OF 1346, in German with Latin headings, and STADTRECHT OF WASSERBURG AM INN, in German, ILLUMINATED MANUSCRIPT ON VELLUM
[Bavaria, c.1450-1460]
383 x 290mm. i + 77 leaves: 1-710, 87(of 8, viii cancelled blank, perhaps the leaf at the beginning of the volume), COMPLETE, original foliation of texts in red roman numerals running from the sixth leaf, ff.i-xliii, and from the fifty-third leaf, ff.i-xxv, catchwords at lower edge of final versos, signatures, 37 lines written in black ink in a cursive script between two verticals and 38 horizontals ruled in plummet, justification: 260 x 180mm, headings and two-line initials in red, three-line initials in red, pink, blue or green, text capitals touched red, THREE LARGE INITIALS WITH FOLIATE STAVES EXTENDING INTO BAR BORDERS in green or pink on patterned grounds of red, blue or green, the borders enhanced by disks of burnished gold (some original holes in parchment, some discolouring of margins, section neatly cut from margin of f.74). Contemporary south-German reversed ochre leather over wooden boards, blind intersecting double fillets in saltire, two leather fore-edge tabs, brass cornerpieces with fleurs-de-lys and centrepieces (worn, restorations to spine, lacking two clasps).
PROVENANCE:
1. The handsome size, script and illumination suggest that this was not a lawyer's working copy, more usually on paper, but a volume of record to be treasured in a communal or individual library of some significance. Content, language and style show that it was made in Bavaria, perhaps in Wasserburg.
2. Library mark E 20 inside upper cover.
CONTENT:
Law of Bavaria enacted by Ludwig of Bavaria, the Emperor Louis IV ff.1-48: table of contents with page references, headed in Latin Secundum Ysadorum..., running from Chapter I, Article 1, to Chapter XXVI, Article 342, omitting some articles that do appear in the text ff.1-5v, text, the preamble opening Wir Luedwig von Gotes genaden..., giving the date 1346, ff.6-48v, ending with Chapter XXVIII, Article 350, ...er hab visch funden oder nicht, followed by the oath acceptable from the Jews headed Das ist der Juden ayde, opening Das ersten sol der Jud... and ending ...Moysi auf dem perg Synay; Law of Wasserburg am Inn, taken from the Town Law of Munich, headed Incipiunt iura specialia magis propria civitatis Monaci et Wasserburg ff.49-77: table of contents ff.49-52, text opening Was hinder sechs und dreissigk pfennig. Swer hinter dem andern gelt... and ending ...ob sy weelent recht, the 236 articles numbered by a later hand in the margin, ff.52-77v.
The Bayersiche Landrecht of 1346 was enacted by Ludwig, Markgrave of Brandenburg, with his brothers Stephen, Ludwig (later Elector of Brandenburg) and William (Count of Hainualt, Holland and Zeeland), Dukes in Bavaria, with the authority of their father Ludwig IV, the Emperor. There is a modern edition of the original text, Munich, Stadtarchiv, Zimelie 12, by H. Schlosser and I. Schwab, Oberbayerische Landrecht Kaiser Ludwigs von Bayern von 1346, 2000. This manuscript conforms to that closely and, as is usual, omits clause 184a, Umb die Iuden, on dealings between Jews and Christians, which was erased in Zimelie 12. The final section on the Jewish oath comes not from the Landrecht but the Munich Stadtrecht, where the same text is found as Article 298 in the Ratsbuch of c.1315 (P. Dirr, Denkmäler des Münchner Stadtrechts, I, 1158-1403, 1932-4, pp.285-6; see V. Zimmermann, Die Entwicklung des Judeneides, 1973, pp.153-8 ).
Munich had become the capital of Bavaria under Ludwig II in the 13th century. In 1340 the Bavarian Dukes under their father, the Emperor, enacted the town law in 193 articles that remained fundamental: the first additions in 1347 were made to the original manuscript. Dirr published the 1340 code, the 1347 additions, articles 194-202, and those in the Liber Rufus of 1365, Articles 203-611; later additions appear in F. Auer, Das Stadtrecht von München nach bisher ungedruckten Handschriften, 1840. Some other towns were following Munich law in the 13th century and the preamble to the 1340 Stadtrecht states that the code is intended for towns in Bavaria.
Wasserburg, at a vital crossing point of the Inn, was taken in 1247 by Ludwig II and from 1392, with the division of Wittelsbach lands, formed part of Bavaria-Ingolstadt. This copy of the Wasserburg Stadtrecht opens with Articles 30-37 of the Munich Stadtrecht and closes with Article 193, the final article of the original code. Article 35, here Article 6, is rewritten as Swer burger hie zu Wasserburg ist instead of zu Munichen. Article 40 here deals with the tolls at the bridge and their regulation by the ratt zu Wasserburg and Article 106 here also refers specifically to Wasserburg. Seven other manuscripts of the Wasserburg Stadtrecht, most on paper, are discussed in L. von der Pfordten, Studien zu Kaiser Ludwigs oberbayerische Stadt- und Landrechte, 1875, esp. pp.78-81. The Seilern copy with 236 Articles appears similar to three manuscripts in the Bayerische Staatsbibliothek, Munich, which begin and end with the same articles and which all have an addition of the later 14th century Umb totgeschaft, Article 639 in Dirr's edition, as Article 104. The closest seems Cgm 302, opening Incipiunt specialia magis propria civitatis Wasserburg, but with a total of 238 articles in addition to the Jewish Oath; Cgm 302 must date from before 1460, when it was copied into Cgm 223. The third manuscript, Cgm 549, dated 1454, has a different title and 229 articles (see also K. Schneider, Die deutsche Handschriften der Bayerische Staatsbibliothek, Cgm 501-690, 1978, pp.120-22).
ILLUMINATION:
The layout, with a table of contents followed by the text in a single column, with illuminated initials for the major divisions and each article opening with a large initial, is essentially that of the earliest copy of the Landrecht in the Munich Stadtarchiv, Zimelie 12. This established a tradition for the text and its presentation. In the Seilern manuscript the sinuous acanthus and flower terminals, typical of southern Germany in the mid-15th century, are painted in an attractive range of colours. The detailed patterning of the initial grounds is a more distinctive feature of this handsome record of Bavarian law.
[Bavaria, c.1450-1460]
383 x 290mm. i + 77 leaves: 1-7
PROVENANCE:
1. The handsome size, script and illumination suggest that this was not a lawyer's working copy, more usually on paper, but a volume of record to be treasured in a communal or individual library of some significance. Content, language and style show that it was made in Bavaria, perhaps in Wasserburg.
2. Library mark E 20 inside upper cover.
CONTENT:
Law of Bavaria enacted by Ludwig of Bavaria, the Emperor Louis IV ff.1-48: table of contents with page references, headed in Latin Secundum Ysadorum..., running from Chapter I, Article 1, to Chapter XXVI, Article 342, omitting some articles that do appear in the text ff.1-5v, text, the preamble opening Wir Luedwig von Gotes genaden..., giving the date 1346, ff.6-48v, ending with Chapter XXVIII, Article 350, ...er hab visch funden oder nicht, followed by the oath acceptable from the Jews headed Das ist der Juden ayde, opening Das ersten sol der Jud... and ending ...Moysi auf dem perg Synay; Law of Wasserburg am Inn, taken from the Town Law of Munich, headed Incipiunt iura specialia magis propria civitatis Monaci et Wasserburg ff.49-77: table of contents ff.49-52, text opening Was hinder sechs und dreissigk pfennig. Swer hinter dem andern gelt... and ending ...ob sy weelent recht, the 236 articles numbered by a later hand in the margin, ff.52-77v.
The Bayersiche Landrecht of 1346 was enacted by Ludwig, Markgrave of Brandenburg, with his brothers Stephen, Ludwig (later Elector of Brandenburg) and William (Count of Hainualt, Holland and Zeeland), Dukes in Bavaria, with the authority of their father Ludwig IV, the Emperor. There is a modern edition of the original text, Munich, Stadtarchiv, Zimelie 12, by H. Schlosser and I. Schwab, Oberbayerische Landrecht Kaiser Ludwigs von Bayern von 1346, 2000. This manuscript conforms to that closely and, as is usual, omits clause 184a, Umb die Iuden, on dealings between Jews and Christians, which was erased in Zimelie 12. The final section on the Jewish oath comes not from the Landrecht but the Munich Stadtrecht, where the same text is found as Article 298 in the Ratsbuch of c.1315 (P. Dirr, Denkmäler des Münchner Stadtrechts, I, 1158-1403, 1932-4, pp.285-6; see V. Zimmermann, Die Entwicklung des Judeneides, 1973, pp.153-8 ).
Munich had become the capital of Bavaria under Ludwig II in the 13th century. In 1340 the Bavarian Dukes under their father, the Emperor, enacted the town law in 193 articles that remained fundamental: the first additions in 1347 were made to the original manuscript. Dirr published the 1340 code, the 1347 additions, articles 194-202, and those in the Liber Rufus of 1365, Articles 203-611; later additions appear in F. Auer, Das Stadtrecht von München nach bisher ungedruckten Handschriften, 1840. Some other towns were following Munich law in the 13th century and the preamble to the 1340 Stadtrecht states that the code is intended for towns in Bavaria.
Wasserburg, at a vital crossing point of the Inn, was taken in 1247 by Ludwig II and from 1392, with the division of Wittelsbach lands, formed part of Bavaria-Ingolstadt. This copy of the Wasserburg Stadtrecht opens with Articles 30-37 of the Munich Stadtrecht and closes with Article 193, the final article of the original code. Article 35, here Article 6, is rewritten as Swer burger hie zu Wasserburg ist instead of zu Munichen. Article 40 here deals with the tolls at the bridge and their regulation by the ratt zu Wasserburg and Article 106 here also refers specifically to Wasserburg. Seven other manuscripts of the Wasserburg Stadtrecht, most on paper, are discussed in L. von der Pfordten, Studien zu Kaiser Ludwigs oberbayerische Stadt- und Landrechte, 1875, esp. pp.78-81. The Seilern copy with 236 Articles appears similar to three manuscripts in the Bayerische Staatsbibliothek, Munich, which begin and end with the same articles and which all have an addition of the later 14th century Umb totgeschaft, Article 639 in Dirr's edition, as Article 104. The closest seems Cgm 302, opening Incipiunt specialia magis propria civitatis Wasserburg, but with a total of 238 articles in addition to the Jewish Oath; Cgm 302 must date from before 1460, when it was copied into Cgm 223. The third manuscript, Cgm 549, dated 1454, has a different title and 229 articles (see also K. Schneider, Die deutsche Handschriften der Bayerische Staatsbibliothek, Cgm 501-690, 1978, pp.120-22).
ILLUMINATION:
The layout, with a table of contents followed by the text in a single column, with illuminated initials for the major divisions and each article opening with a large initial, is essentially that of the earliest copy of the Landrecht in the Munich Stadtarchiv, Zimelie 12. This established a tradition for the text and its presentation. In the Seilern manuscript the sinuous acanthus and flower terminals, typical of southern Germany in the mid-15th century, are painted in an attractive range of colours. The detailed patterning of the initial grounds is a more distinctive feature of this handsome record of Bavarian law.
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