Johann Schneidewein

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Johann Schneidewein

Johann Schneidewein also: Johannes Schneidewind, Schneidewin and Ioannes Schneidewinius or Greek: Oinotomos (born December 20, 1519 in Stolberg (Harz) , † December 4, 1568 in Zerbst ) was a German lawyer, foster son and student of Martin Luther , Chancellor of Schwarzburg, Rector of the University of Wittenberg and representative of the Elector of Saxony at the Imperial Court of Justice in Speyer.

His main work as a commentary on the institutions, which was published after his death in 1571 and also by his successor Matthias Wesenbeck in 1573 , was distributed throughout Europe and had more than eighty editions in two centuries. The inclusion and processing of the entire common and canon law, the Reich farewells , the embarrassing court order of Charles V , as well as the Saxon law give the work an all-encompassing essence in the form of an overall processing of the law of the Protestant doctrine of the time. He is one of the co-authors of the Electoral Saxon Constitutions from 1572, which lasted for almost 300 years until the introduction of the Civil Code for the Kingdom of Saxony in 1863.

His older brother Heinrich Schneidewein (Schneidewin (d)) was also a lawyer, one of the first law professors and rectors of the then newly founded Protestant University of Jena as well as Saxony-Weimar Chancellor in Weimar and Schwarzburg-Sonderhäuscher Chancellor in Arnstadt.

Life

Johann Schneidewein was born as the son of the Count of Stolberg's councilor and former rent master Heinrich Schneidewein (also Heinrich Schneidewin and Heinrich Snydewint) (* around 1457 in Wiehe; † 1530 in Stolberg), who was a trusted friend of Martin Luther, and his wife Ursula Schweinfurt, 1519 born in Stolberg. He enrolled at the University of Wittenberg in 1530 when he was eleven . There for almost ten years as a housemate - like his older brother Heinrich as a table mate, the later German lawyer, law professor, rector of the University of Jena as well as Saxon-Weimar chancellor in Weimar and Schwarzburg-special house chancellor in Arnstadt, through the mediation of his father in the house Martin Luther's recording. In this way he got to know Philipp Melanchthon , Justus Jonas the Elder and Johannes Bugenhagen , among others . Particularly encouraged by Veit Dietrich , he first completed a degree in the seven liberal arts . With such a prior education, he devoted himself to studying law.

Luther advised him and gave him very seriously, against the wishes of his mother, at the age of twenty years with Anna Döring, the daughter of the prestigious Wittenberg printer and publisher Christian Döring , who along with his business partner Lucas Cranach the Elder , the September Testament Luther 1522 and published other works of Luther and with whose carriage and horses Luther had also been brought to the Diet in Worms, to marry off. So he moved out of the Luther House and in 1545 (or as early as 1544) was able to acquire the academic degree of a licentiate in law through diligent studies . Thereupon he received the office of chancellor at the court of Count Günther von Schwarzburg in Arnstadt. Nevertheless, after four years he went back to Wittenberg, where he was given a full professorship in law in 1551 . As a professor of the institutions , he obtained his doctorate in law and as such essentially conveyed the material of his spiritual teachers Hieronymus Schurff , Kilian Goldstein and Melchior Kling .

He soon became a councilor of appeal , took a position at the Schöppenstuhl and was also active in electoral affairs. In 1557 he was the elector's representative at the Imperial Court of Justice in Speyer , settled disputes with the Landgrave of Hesse and also administered the rectorate of the Academy in Wittenberg. In the winter of 1568, suffering from health problems, he traveled to Zerbst with Michael Teuber to advise the council on legal matters. He was found dead in his bed on the morning of December 4th and the corpse was transferred the following day to Wittenberg, where he was buried on December 6th in the Wittenberg Castle Church , not far from Luther's grave.

Teaching and work

Portrait of Schneidewein after 1568

His main work is a commentary on the institutions , which was published in 1571 by the renowned Rihelius publishing house in Strasbourg and in 1573 by Matthias Wesenbeck . The work had more than eighty editions in two centuries and was published in Strasbourg, Venice, Frankfurt am Main, Cologne, Wittenberg, Geneva and Lyon, in some cases mentioning the author Johann Schneidewein (Schneidewind) under his Greek author name Oinotomos. His works were distributed throughout Europe and were accepted in university and city libraries and the like. a. from Budapest, Rome, Lyon, London in addition to numerous German libraries. The inclusion and processing of the entire common and canon law, the Reich farewells , the embarrassing court order of Charles V , as well as the Saxon law give the work an all-encompassing essence in the form of an overall processing of the law of Protestant doctrine of the time. It recently appeared again in 2004 in a reprint with a foreword by Professor Gunter Wesener , whereby the importance of the commentary for the introduction of Roman common law into Austrian jurisprudence, teaching and practice in the 17th century is particularly noted. This reprint with a foreword is in turn discussed by Professor Gerhard Köbler , who underlines the importance of Johann Schneidewin for the methodological development of private law and its influence on the development of the Electoral Saxon constitutions and the Württemberg land law.

Influenced by Melanchthon, Schneidewein tried to combine analysis and synthesis in his commentary. He does not reject the glosses and comments, but makes only limited use of them.

Johann Schneidewind is one of the co-authors of the Electoral Saxon Constitutions from 1572, which existed for almost 300 years until the introduction of the Saxon Civil Code in 1865. Furthermore, through his work he influenced the Württemberg land law , which was also an important piece of legislation of the 16th and 17th centuries.

Part of Schneidewin's teaching was objected to by the Inquisition , especially in Parma 1580, later also in Spain and Venice, and his commentary in the Indices librorum prohibitorum Clement VIII. , Innocent XI. as well as Gregory XVI. recorded. Its editions published in Venice were censored by the Jesuit and papal legate Antonio Possevino . It was objected that Schneidewin viewed the Donation of Constantine as a fiction and thus denied the Roman Curia's claim to power. It was also objected that Schneidewin spoke out against the church asylum permitted under canon law in the case of serious crimes . Schneidewin justifies this with a passage from the Gospel of Matthew, where it is reported that Jesus drove traders out of the temple; if he were to chase them away, according to Schneidewin, he would certainly not tolerate robbers and murderers there. Finally, his remarks on marriage law were objected to, some of which do not correspond to canon law, especially since divorce is recognized in certain cases. Whereby Luther here, in questions of family and divorce law, represented the Reformation standpoint of his teacher and foster father Luther.

family

Schneidewein married Anna Döring (* ± 1522 in Wittenberg † October 21, 1572), the daughter of the publisher Christian Döring , on August 31, 1539 in Wittenberg . From the marriage 16 children, according to other sources up to 18 children, of which nine children survived the father. From the children we know:

  1. So. Johann Schneidewein (* ± 1541 in Wittenberg; † November 19, 1617, c. November 23, 1617 in Zwickau) matriculated May 2, 1558 Uni. Wittenberg, protonotary and secretary of the senior consistory in Dresden & Zwickau, married. January 27, 1568 in Wittenberg with Agnes Milich, the daughter of Prof. Dr. med Jakob Milich
  2. Sun. Günther Schneidewein (born May 28, 1548 in Arnstadt, † February 25, 1604 in Weimar) matriculated May 2, 1558 Uni. Wittenberg, 1575 court and consistorial councilor of the dukes Friedrich Wilhelm and Johann von Sachsen-Weimar, married. September 5, 1575 with Regina Baumgarten (also: Baumgartner, Paumgartner † March 6, 1622 in Weimar), the widow of Dr. jur. Johannes Pontanus (also Brück, Brückner; * Eisleben; † July 9, 1572 in Vienna),
  3. To. Anna Schneidewein (* 1553 in Wittenberg; † October 8, 1622 in Jena) married. I. January 16, 1571 in Wittenberg with Prof. Dr. med. Heinrich Milich († 1585 in Schleiz); mated II. November 8, 1587 in Jena with the court attorney in Jena Hieronymus Menius (born February 30, 1552 in Gotha; † February 15, 1623 in Jena)
  4. To. Margarethe Schneidewein (born January 14, 1556 in Wittenberg, † February 11, 1620 in Torgau) m. January 22, 1572 with the mayor of Torgau Benedikt Gadegast († March 26, 1581 in Torgau),
  5. So. Christian Schneidewein, registered May 2, 1558 Uni. Wittenberg
  6. So. Joachim Schneidewein (* ± 1558) Freisasse in Rosla, m. with Katharina Heirodt
  7. So. Philipp Schneidewein (born November 5, 1559 in Wittenberg)
  8. To. Elisabeth Schneidewein (born May 16, 1564 in Wittenberg, † July 1, 1596 in Nordhausen) married. I. February 11, 1583 in Weimar with Wolf Lauenstein († May 16, 1591 in Weimar), married. II. ± 1592/93 in Nordhausen with the Hohenstein Council and Chancellor Johann Stromer (* 1558 in Leipzig; † July 6, 1607 in Weimar)
  9. Sun. Caspar Schneidewein, registered May 2, 1558 Uni. Wittenberg
  10. So. Heinrich Schneidewein, registered May 2, 1558 Uni. Wittenberg, Council Chamberlain Weimar and married. Euphrosina Kreich († ± 1587 in Weimar), To. d. Pharmacist Lorentz Kreich (* Torgau) and Maria Cranach, sister of Lucas Cranach the Elder
  11. So. Martin Schneidewein (~ December 6, 1561 in Wittenberg; † April 11, 1562 ibid)
  12. So. Paul Schneidewein (~ March 24, 1565 in Wittenberg)
  13. To. Barbara Schneidewein (~ April 1, 1567 in Wittenberg; † September 7, 1568 ibid.)

Many descendants of Johann Schneidewein were in the Goldenen Aue in the spelling of the family name as Schneidewin (d) as manor owner, mayor and Stolbergische bailiff, for example u. a. located in Heringen / Helme , Auleben , Kelbra and Rottleben . Two of his descendants were later raised to the hereditary nobility: Benjamin Schneidewin, lord of the Rottleben manor, was appointed imperial on March 5, 1716, and on May 5, 1716 by Prince Ludwig Friedrich I of Schwarzburg-Rudolstadt Hofpfalzgraf raised to hereditary nobility; on August 21, 1909 and April 16, 1910 Gustav Schneidewind, Fürstlich Schwarzburgischer Oberforstmeister and royal Prussian government and forest councilor a. D. the nobility confirmed and renewed. A female descendant of Johann Schneidewein, Ferdinande Schneidewind married the manor owner Wilhelm von Schlotheim on Uthleben and Auleben in the Goldene Aue. His son Thilo Freiherr von Schlotheim, manor owner on Uthleben and Auleben and royal Prussian colonel, also married Marie Schneidewind, a direct descendant of Wittenberg law professor Johann Schneidewind.

Johann Schneidewein's brother Heinrich Schneidewein (Schneidewind) was a lawyer, one of the first law professors and rectors of the newly founded University of Jena, as well as the Saxon-Weimar Chancellor in Weimar and the Chancellor of the Black Burgish-special house in Arnstadt. The descendants of both brothers continued to use the family name in the form of the spelling Schneidewind.

Selection of works

  • ORATIO DE LOTHARI SAXONE, RECITATA A CLARISSIMO VIRO IOHANNE SCHNEIDEVVEIN IV Doctore, et Professore in Academia Vuitebergensi, cùm insignia Doctoratus in vtro [que] Iure conferret doctrina et virtute praestanti viro VICTORI OTTINGEN Anno 1561 ( Online )
  • The history of the Passion of Christ written in German verse and commended to his people as a daily prayer formula
  • In quatuor Institutionum Imperalium Justiniani libros, commentarii, Wittenberg 1573, Strasbourg 1575 ( online )
  • Decifiones & Dissentationes variarum quaestionum apud juris utriusque interpretes controversarum, Frankfurt 1599 also published as Apostillas in Codicem, Frankfurt 1604
  • Epitoms in usus feudorum cum Notis Leopoldi Hackelmann , Magdeburg 1604
  • Tractatus de Nuptiis, Jena 1685
  • de jure connubiorum & c.

literature

Web links

Commons : Ioannes Schneidewinius  - Collection of images, videos and audio files

Individual evidence

  1. see also Elke Strauchenbruch, Luthers Kinder, Evangelische Verlagsanstalt GmbH Leipzig, 2010, p. 174.
  2. cf. Gerhard Köbler zu Schneidewin, Johannes, In quatuor institutionum Justiniani libros commentarii. Rihelius, Strasbourg 1575, reprint with an introduction v. Gunter Wesener . Vico Verlag, Frankfurt am Main 2004. XXIII, (10), 1143, (72 pages), http://www.koeblergerhard.de/ZRG123Internetrezensions2006/SchneidewinJohannes-Inquatuor.htm
  3. Jacobi, Dr. von, "Schneidewein, Heinrich" in: Allgemeine Deutsche Biographie 32 (1891), pp. 144–149 [online version]
  4. See Harz gender book, first volume as German gender book, Volume 106, edited by Dr. Bernhard Koerner, CA Starke Verlag, Görlitz, 1939, p. 630 .; Adelslexikon, Volume XIII, Schn -Stad, main editor; Walther v. Hueck, Director .R of the German Aristocratic Archives, CA Starke Verlag, Limburg an der Lahn, 2002, article "Schneidewin (d), p. 11.
  5. see also Elke Strauchenbruch, Luthers Kinder, Evangelische Verlagsanstalt GmbH Leipzig, 2010, p. 174.
  6. Jacobi, Dr. von, "Schneidewein, Heinrich" in: Allgemeine Deutsche Biographie 32 (1891), pp. 144–149 [online version]
  7. Jacobi, Dr. von, "Schneidewein, Heinrich" in: Allgemeine Deutsche Biographie 32 (1891), pp. 144–149 [online version]
  8. Jacobi, Dr. von, "Schneidewein, Heinrich" in: Allgemeine Deutsche Biographie 32 (1891), pp. 144–149 [online version]
  9. cf. Gerhard Köbler zu Schneidewin, Johannes, In quatuor institutionum Justiniani libros commentarii. Rihelius, Strasbourg 1575, reprint with an introduction v. Gunter Wesener . Vico Verlag, Frankfurt am Main 2004. XXIII, (10), 1143, (72 pages), http://www.koeblergerhard.de/ZRG123Internetrezensions2006/SchneidewinJohannes-Inquatuor.htm
  10. ^ Schneidewin, Johannes, In quatuor institutionum Justiniani libros commentarii. Rihelius, Strasbourg 1575, reprint with an introduction v. Wesener, Gunter. Vico Verlag, Frankfurt am Main 2004. XXIII, (10), 1143, (72 pages); see. also Gerhard Köbler zu Schneidewin, Johannes, In quatuor institutionum Justiniani libros commentarii. Rihelius, Strasbourg 1575, reprint with an introduction v. Gunter Wesener . Vico Verlag, Frankfurt am Main 2004. XXIII, (10), 1143, (72 pages), http://www.koeblergerhard.de/ZRG123Internetrezensions2006/SchneidewinJohannes-Inquatuor.htm
  11. cf. Gerhard Köbler zu Schneidewin, Johannes, In quatuor institutionum Justiniani libros commentarii. Rihelius, Strasbourg 1575, reprint with an introduction v. Gunter Wesener . Vico Verlag, Frankfurt am Main 2004. XXIII, (10), 1143, (72 pages), http://www.koeblergerhard.de/ZRG123Internetrezensions2006/SchneidewinJohannes-Inquatuor.htm
  12. Jacobi, Dr. von, "Schneidewein, Heinrich" in: Allgemeine Deutsche Biographie 32 (1891), pp. 144–149 [online version]
  13. Jacobi, Dr. von, "Schneidewein, Heinrich" in: Allgemeine Deutsche Biographie 32 (1891), pp. 144–149 [online version]
  14. Jacobi, Dr. von, "Schneidewein, Heinrich" in: Allgemeine Deutsche Biographie 32 (1891), pp. 144–149 [online version]
  15. ^ Adelslexikon, Volume XIII, Schn -Stad, main editor; Walther v. Hueck, Director .R of the German Aristocratic Archives, CA Starke Verlag, Limburg an der Lahn, 2002, article Schneidewin (d), p. 11 u. 12.
  16. ^ Gothaisches Genealogisches Taschenbuch der Freiherrlichen Häuser, Part A, 92nd year, 1942, Verlag Justus Perthes, Gotha 1942. P. 457.
  17. ^ Family tree of the Schneidewind family , created by Gerhard Hund on TeleSchach
  18. ^ Gothaisches Genealogisches Taschenbuch der Freiherrlichen Häuser, Part A, 92nd year, 1942, Verlag Justus Perthes, Gotha 1942. P. 457.
  19. ^ Family tree of the Schneidewind family , created by Gerhard Hund on TeleSchach
  20. Jacobi, Dr. von, "Schneidewein, Heinrich" in: Allgemeine Deutsche Biographie 32 (1891), pp. 144–149 [online version]
  21. See Harz gender book, first volume as German gender book, Volume 106, edited by Dr. Bernhard Koerner, CA Starke Verlag, Görlitz, 1939, p. 630 .; Adelslexikon, Volume XIII, Schn -Stad, main editor; Walther v. Hueck, Director .R of the German Aristocratic Archives, CA Starke Verlag, Limburg an der Lahn, 2002, article "Schneidewin (d), p. 11.