Matthias Wesenbeck
Matthias Wesenbeck (born October 25, 1531 in Antwerp , † June 5, 1586 in Wittenberg ; also Mathaeus Wesenbeck , Latinized Wesenbecius ) was one of the most important Flemish lawyers of the early usus modernus pandectarum .
Life
Since 1545, Wesenbeck studied at the University of Leuven , where he felt drawn to study law under Gabriel Mudäus (1500–1560), and in 1550 he obtained his law degree there. From 1552 he continued to study the seven liberal arts and law in Paris . Since he joined Protestantism, he had to leave his domicile. As a follower of Lutheran doctrine, he went to Saxony when the Inquisition in the Netherlands increased under Philip II .
He turned to Germany and enrolled at the University of Jena in 1558 , where he worked as D. cons. et prof. phew /. is recorded in the registers of the law and philosophy faculties. After lecturing there, he received his doctorate in law, married the daughter of Chancellor Franz Burkhard, and in 1561 became dean of the law faculty.
1569 he went as a successor Johann Schneidewins at the University of Wittenberg . There he took over the lectures of the Codex on August 15, about a speech by Papinianus. An appointment to the University of Heidelberg failed because of his demands. Wesenbeck also participated in the organizational tasks of the university, serving as prorector in 1571 and rector in 1573. He was also a secret and appeal councilor to Elector August of Saxony and an assessor in the electoral court court, at the Schöppenstuhl. Emperor Maximilian confirmed his old nobility from the Netherlands in Prague in 1571, along with the freedom to use the coat of arms in Germany.
In Wittenberg he gained reputation by creating a collection of his legal opinions in 1576, which grew to eight volumes. He also wrote a commentary on the Pandects, which first appeared in 1565 and was continued in Wittenberg with the inclusion of the Codex. This has remained in use for almost a century. Further works appeared under the title Exempla jurisprudentiae 1572, Collection of Reden, and a Tractatus de feudis, which emerged directly from his lectures.
Teaching
His significance for jurisprudence lies in his commentary on the Pandects, in which he systematically treats the individual titles and at the same time establishes the reference to legal practice. Wesenbeck was the authoritative jurist of the early usus modernus pandectarum , who advocated the actionability of all contracts, including the simple, so-called pacta nuda. In doing so, he laid the foundation for today's contract theory.
Some of Wesenbeck's works were included in the Index Librorum Prohibitorum . Above all, the Inquisition objected to his teachings on marriage law, in particular the possibility of divorce in the event of adultery and desertion, i. H. malicious abandonment. Wesenbeck also permitted remarrying for the part responsible for the divorce.
family
Wesenbeck was the twelfth of 13 children, of whom the twelve boys had names of the apostles, according to the entry in the Allgemeine Deutsche Biographie (ADB). In Zedler's Universal Lexikon, however, it says that Wesenbeck himself had 13 children, with the sons bearing the names of the twelve apostles. His son of the same name and grandson of the same name were also lawyers. The son lived in Zerbst in 1590 and became the first law teacher in Altdorf near Nuremberg in 1592. The grandson, born in 1600, was a Brandenburg statesman. The widow Wesenbeck († 1605) moved to Zerbst in 1602 because she was under too much pressure because of her tendency towards the Reformed faith. The daughter Katharina Wesenbeck married the lawyer and chancellor in Zerbst Laurentius Biedermann . The son Victorin Wesenbeck († March 1621 in Torgau) was married to Judith, the daughter of the Torgau Syndic Balthasar Sommer.
Works
- Paratitla in Pandectarum iuris civilis libros quinquaginta
Commentary on the Pandects, published in 1566.
- Tractatus et responsa quae vulgo consilia appelantur
Collection of his legal opinions published in 1576.
- Tractatus de feudis
literature
- R. Dekkers: Het humanisme en de Rechtsswetenschap in de Nederlanden . 1938, pp. 191-258
- A. Ahsmann: Wesenbeck, Matthaeus . In: Gerd Kleinheyer and Jan Schröder (eds.): German and European lawyers from nine centuries. 4th edition, Heidelberg 1996, ISBN 3-8252-0578-9
- G. Becker: German jurists and their writings on the Roman indices of the 16th century . 1970, pp. 193-199
- K.-P. Nanz: The emergence of the general concept of contract in the 16th to 18th centuries . 1985, pp. 85-94
- Polykarp Leyser the Elder : Sermon for the dead, Matthaeus Wesenbeck, 1586, see also Fritz Roth : Complete evaluations of sermons for the dead and personal publications for genealogical and cultural-historical purposes . Volume 4, R 3864
- Wolfgang Klose: The Wittenberg Scholar Studbook. The studbook of Abraham Ulrich (1549–1577) and David Ulrich (1580–1623). Mitteldeutscher Verlag, Halle 1999, ISBN 3-932776-76-3
- Johann August Ritter von Eisenhart : Wesenbeck, Matthäus . In: Allgemeine Deutsche Biographie (ADB). Volume 42, Duncker & Humblot, Leipzig 1897, pp. 134-138.
- Wesenbek, Matthäus. In: Johann Heinrich Zedler : Large complete universal lexicon of all sciences and arts . Volume 55, Leipzig 1748, column 771-773.
Web links
personal data | |
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SURNAME | Wesenbeck, Matthias |
ALTERNATIVE NAMES | Wesenbeck, Mathaeus |
BRIEF DESCRIPTION | Flemish lawyer |
DATE OF BIRTH | October 25, 1531 |
PLACE OF BIRTH | Antwerp |
DATE OF DEATH | June 5, 1586 |
Place of death | Wittenberg |