Bolzano city law

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Bolzano City Law, Article 1, in a copy from the early 19th century, Tiroler Landesmuseum Ferdinandeum , Dip. 1303, fol. 7th

The Bolzano city charter of 1437 is the oldest surviving record of the precincts of the city of Bolzano in force, municipal legislation of the late Middle Ages . Together with the Bolzano city book from the years 1472–1525, the Bolzano city law is the most important testimony to the urban legal safeguarding and writing practice in the late medieval-early modern territorial city of Bolzano.

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The comprehensive codification in early New High German is under the title Vermerkht all stadutten der instead of Potzen, like those set by old and also made by new councils . It comprises 104 individual articles, which mainly regulate market economy , trade police and security law matters. The individual provisions relate, among other things, to the holding of fairs and accommodation in inns , the prohibition of purchase , the foreclosure , the grain deposition , the sale of salt, fish and wine, the municipal supervision of food and its sale and measure and weight .

The codification of urban law is a summary of legal clauses of inconsistent origin, which represent the "most important source for the standardization of urban coexistence and economic activity in late medieval Bolzano". From a text-critical perspective, the 104 sections appear to be composed of at least two large blocks of different origins, as suggested by duplicates in the list of titles, factual repetitions and the initial formulation in Art. 56, which speaks of old post (s) .

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The 104 individual glosses of the Bolzano city law (with cross-references in the case of repetitions):

(1) Ittem that nobody should house the other.
(2) From the furkhauffen and furkhaufferin.
(3) From the jarmarckht to every day.
(4) From the jarmarkht when it is 4 days old.
(5) Of the leytt give that they should not swearly keep silent.
(6) Of the butchers. (Cf. Art. 56)
(7) Of the muellers and peckhen.
(8) Of the gestures that bring in khorn how sy should knock that down.
(9) From the khorn.
(10) From the waking and leasing. (See Art. 60)
(11) Of the saltz vnnd saltzmessen.
(12) From pottigen naigen.
(13) What ain potty naig should wear.
(14) Of the pachen, muellpachen and aqualen. (Cf. Art. 87)
(15) Because of the muelpachs and malwassers.
(16) From the hauspach.
(17) From the schaefflerin.
(18) Of the vischern and vischerin.
(19) Funeral items of advice and how to give tax.
(20) Ittem that the schuechknecht khain league should do.
(21) From the foliage of the Weinschenckh.
(22) From the waters to the vineyards.
(23) Of the three courts.
(24) From the wag zue pfachten.
(25) Because of the spetzkher.
(26) From the weinmas. (See Art. 59)
(27) From the kornstar pfachten.
(28) Selling wine.
(29) From the Platzwein. (Cf. Art. 75)
(30) Of the Platzwein vnnder dem Eues.
(31) From the foreign bold.
(32) From the pastor zue Potzen.
(33) From the schuelmayster.
(34) From the mertzlern and mertzlerin, furkhauffer and furkhaufferin. (See Art. 2)
(35) Because of the creature.
(36) Of the jews.
(38) From the speakers.
(39) By sat leuthen.
(40) Citizenship of the preserve.
(41) Of change.
(42) From the next half.
(43) Because of the Kanndlgiesser.
(44) How a speaker should take advice.
(45) Because of the speakers, tuechmessen.
(46) Because of picking up wine.
(47) Of the workers and workers, what you should give them to pay.
(48) Of the wine knives, creators and carriers.
(49) From the holtz fuerleuth, from the Hollen paum and the gardaum.
(50) At night on the street (s) without walking easily.
(51) To be kept by foreign single servants.
(52) From strangers who will be found in unusual places.
(53) Because of morderey.
(54) Of the unmarried servants, stewards.
(55) Noted by the freyen called.
(56) That sint even old post instead of potzen, first of all from the fla (i) schhackh (e) rn. (See Art. 6)
(57) From the weinglogging.
(58) Buy and sell from khorn.
(59) From the wine measure. (Cf. Art. 26)
(60) Von den prott peckhen. (See Art. 10)
(61) Von den Muellnern and vom Offner.
(62) From the wine knife wage.
(63) From the wages of the vnderkheuffles.
(64) From the wiltprett.
(65) Where to buy and sell visch vnnd wil (t) prett.
(66) From green veins.
(67) Of the Geselschetzt the vischer.
(68) From kaeß khauffen.
(69) From the judges, the sy do not suspect.
(70) From frembden vischen.
(71) From the wagons.
(72) That nobody should block his shop.
(73) From the spill.
(74) From miste.
(75) From the place wine. (See Art. 29)
(76) From ausskhörach.
(77) That nobody should wash on the nueschen.
(78) Of koessten and nuts.
(79) That one should sell a lot of wine from which he is.
(80) Selling of the cloth from the guest.
(81) Intersecting from gwanndt.
(82) The khain gast frembd is supposed to put in wine to sell.
(83) Vom heu vnd stro.
(84) From the zimer holtz.
(85) From the Schinttlen folgt afterwards.
(86) The khain gast khauffen is still to be sold to jarmarkhten.
(87) From aquallen. (Cf. Art. 14)
(88) From the towel measuring.
(89) From the wages of the pfanndt to pietten and from the failer.
(90) pig.
(91) Zimerleuthen and mason.
(92) How the dead children who have died are to be kept.
(93) As it should be kept on Sunday and other holy days.
(94) vom wochenmarkht.
(95) From kramern.
(96) From the tailors.
(97) From the schoolboys.
(98) Of the nottaries.
(99) Of the appointments of the procurators.
(100) From sneezing the gmain.
(101) The dead escorted by Messner or others.
(102) Defend from the ridiculed.
(103) Because of the vischer.
(104) That one ain certain times the wine should not be given over 6 years.

Lore

According to tradition, the town charter, which was written in 1437, was revised and published by the Bozen town council on October 30, 1556. It is preserved in two inadequate, partly corrupted copies from the 19th century.

The most important text witness from the early 19th century is kept at the Tiroler Landesmuseum Ferdinandeum (Dipauliana 1303, location III). According to this, the copyist from 1556, the Bolzano notary Friedrich Schlegel, had the editorship from 1437 in a form in which ettlich artiggl canntzeliert completely, ettlich to the tayl abethon, ettlich diminished, ettlich mitigated, not wholly sharpened, but instead writes twayr , were improved , that is, partially corrupted , according to Lagehayt . Notary Schlegel made his certified copy of December 17, 1556 on behalf of Emperor Ferdinand I (as the Habsburg-Tyrolean sovereign prince) and the Bolzano city council and described his submission from 1437 as a copy of the handed over instead of Potzen for the kay. m., so enclosed in a yellow pargamen, de anno etc. 37 .

A copy from the second half of the 19th century, obviously taken directly from Schlegel's Vidimus of 1556, is due to Justinian Ladurner , whose handwritten collection of statutes and freedoms of the city of Bolzano is kept in the archive of the Franciscan monastery of Bolzano (Hs. 53, p 1–48; previous provenance: Franziskanerkloster-Hospitium Innsbruck ).

literature

  • Emil Werunsky: Austrian Empire and Legal History: a teaching and manual (section Tyrol). Vienna: Manz 1894, p. 752 ff.
  • Karl Theodor Hoeniger : The oldest Bolzano council minutes from 1469 . In: (Bozner) yearbook for history, culture and art. Bolzano publishing house: Vogelweider 1934, pp. 34–35.
  • Hannes Obermair : Bozen South - Bolzano North. Written form and documentary tradition of the city of Bozen up to 1500 . tape 2 . City of Bozen, Bozen 2008, ISBN 978-88-901870-1-8 , p. 79-83, no.996 .

Individual evidence

  1. a b c d e f g Hannes Obermair: Bozen Süd - Bolzano Nord. Written form and documentary tradition of the city of Bozen up to 1500 . tape 2 . City of Bozen, Bozen 2008, ISBN 978-88-901870-1-8 , p. 83 .
  2. ^ Hannes Obermair: The Bozen city book. Manuscript 140 - the official and privileges book of the city of Bolzano . Contributions to the international study conference, Bozen, Maretsch Castle, 16. – 18. October 1996. In: Bolzano from the Counts of Tyrol to the Habsburgs - Bolzano fra i Tirolo e gli Asburgo (=  research on the history of Bolzano / Studi di storia cittadina ). tape 1 . Athesia, Bozen 1999, ISBN 88-7014-986-2 , p. 399-432, here: pp. 402-403 .