Inhalt:

• Thomas Ertl, Kanonistik als angewandte Wissenschaft. Balduin von Brandenburg und der Streit um die Brandenburger Bischofswahl.
• Rainer Murauer, Zwei Formen der gütlichen Streitbeilegung im 12. und 13. Jahrhundert: transactio und amicabilis compositio
• Christoph Egger, Heidnische Götter in Admont: eine anonyme Genealogia deorum gentilium.
• Margit Kamptner, Philologische Bemerkungen zu Johann von Viktring
• Martin Wagendorfer, Horaz, die Chronik von den 95 Herrschaften und Friedrich III. Überlegungen zum Widmungsbrief der Historia Austrialis des Aeneas Silvius de Piccolominibus.
• Karel Hruza, Liber Pauli de Slauikouicz. Der hussitische Codex 4937 der Österreichischen Nationalbibliothek in Wien und sein ursprünglicher Besitzer.
• Martin Roland, Studien zur Buchmalerei für das Wiener Dominikanerkloster während der zweiten Hälfte des 15. Jahrhunderts
• Peter Wiesflecker, Zur Adelsliste in Jakob Unrests Kärntner Chronik.
• Karl Ubl, Die österreichischen Ketzer aus der Sicht zeitgenössischer Theologen.
• Roman Zehetmayer, Advocati und defensores. Die adeligen Neben- und Untervögte der steirischen Klöster im 12. und 13. Jahrhundert.
• Christian Lackner, Archivordnung im 14. Jahrhundert: Zur Geschichte des habsburgischen Hausarchivs in Baden im Aargau.
• Andrea Rzihacek-Bedö, Staufische Kaiserurkunde und normannisch-sizilische Urkundentradition. Die Träger der Kanzleiarbeit im Königreich Sizilien.
• Gustav Pfeifer, Sigillum boni burgi Bolzani. Überlegungen zur den mittelalterlichen Siegeln der Stadt Bozen.

Abstracts

Thomas Ertl

Kanonistik als angewandte Wissenschaft. Balduin von Brandenburg und der Streit um die Brandenburger Bischofswahl / Canon Law as Applied Science. Balduin of Brandenburg and the Brandenburg Election Dispute

For more than one hundred years, the Premonstratensian convents of Leitzkau and Brandenburg, both in the north-eastern German diocese of Brandenburg, were fighting to keep the privilege to elect the bishop of Brandenburg. In the crucial phase of the dispute, the middle of the 13th century, two works were written which would help to legitimise the demands of the Leitzkau convent: the canonistic Summa titulorum of Balduin of Brandenburg, and the historiographic Fundatio Letzkensis, compiled by an unknown member of the convent. Balduin was a Franciscan who owed very much to the Studium Generale of his rder at Magdeburg and the teaching of canon law conducted there. In his detailed summary of the Liber Extra, Balduin uses many legal definitions which played an important role in the dispute of the two Premonstratensian convents. The parallels between the legal text and the actual events lead us to suppose that Balduin had contact with at least one Premonstratensian monk of Leitzkau. Both the canonistic and the historiographic texts were instrumentalised to serve certain aims: On the one hand, they reflect reality in a distorted way and this distorted reflection had, on the other hand, its own influence on reality. I try to show in this article that the study of canon law as applied science could - in the same way as we have seen in historiography - take over legitimising functions and, therefore, every historian should be interested in this branch of our field.

Rainer Murauer

Zwei Formen der gütlichen Streitbeilegung im 12. und 13. Jahrhundert: transactio und amicabilis compositio / Two Non-litigious Ways of Settling Disputes in the 12th and 13th Centuries: transactio and amicabilis compositio.

Among the methods of settling ecclesiastical litigations by arrangement in order to avoid a judge's sentence, medieval Canon law defined two different possibilities: amicabilis compositio and transactio. They were often used as synonyms, although the papal decretals made a strict difference between them. The latter was characterized by Roman and Canon law as offer and counteroffer or at least the promise of something. Consequently, Pope Alexander III and his successors forbade transactiones in spiritual matters (res sacrae) because they could mean simony. Compositiones - as defined by the papal decretals - had to be gratuitous, which is why, in contrast to transactiones, they were allowed in spiritual matters. Nevertheless, papal judges delegate and even the popes themselves often did not respect this difference. Sometimes compositio was used as a generci term for all arrangements of litigants, including transactiones. Perhaps the juristic knowledge pf the judges was not sufficient for handling both methods, and maybe the normative effect of papal decretals (at least in this case) must be questioned.

Christoph Egger

Heidnische Götter in Admont. Eine anonyme Genealogia deorum gentilium / Pagan Gods in Admont. An anonymous Genealogia deorum gentilium.

Throughout the Middle Ages, the pagan mythology of Greek and Roman Antiquity was not only well known but also widely and intensively studied. Many treatises testify to this enduring interest. In this paper, a hitherto neglected compendium of the genealogy of the pagan gods, in the Manuscript 782 of the Library of the Benedictine monastery of Admont (Styria, Austria) is partially edited. The particular context of the manuscript is established through an examination of its relationship to three other similar texts: the compendia in Oxford, Bodleian Library, Digby Ms 221; Gotha, Forschungsbibliothek, Ms. Membr. I, 55; and, finally, a tract ascribed to Paul of Perugia, a friend of Boccaccio.

Margit Kamptner

Philologische Bemerkungen zu Johann von Viktring / Philological Remarks on Johann of Viktring.

Iohannes Victoriensis is generally agreed to have been on eof the best Latin-writing late medieval historians. His Liber certarum historiarum with its different extant recensions offers the opportunity tto study the author's working method. His efforts to improve the Liber in view of language and style, for instance, show his remarkable linguistic skills. Previous studies on the Latinity of Iohannes concentrated on the question of whether we could infer the origin of the author based on his Latin usage. This study in the first place deals with a few examples of suspected influence of a vernacular language; secondly, by means of selected passages, it shows the author's great ability in his use of the Latin language.

Martin Wagendorfer

Horaz, die Chronik von den 95 Herrschaften und Friedrich III. - Überlegungen zum Widmungsbrief der Historia Austrialis des Aeneas Silvius de Piccolominibus / Horaz, the Chronik von den 95 Herrschaften and Frederick III - Some Considerations on the Letter of Dedication of Aeneas Silvius de Piccolominibus' Historia Austrialis.

This research centres on the letterof dedication to emperor Frederick III, which Aeneas Silvius Piccolomini placed in front of the second redaction of his Historia Austrialis. In the dedication he mentions Frederick's invitation to compose this work. This "praefatio" has been readily discussed among scholars, not only because it is missing in the otherwise well preserved autographs and is not included in the otherwise hardly different third redaction, but also because it seems to play an important part in the interpretation of the whole composition. While previous research only dealt with a literal interpretation, this paper, by elaborating on some quotations taken from Horace, shows that Piccolomini, on a higher level of interpretation, transports ideas which only the learned humanist was able to understand. Thus the author critizises the Chronik von den 95 Herrschaften and indicates to the reader that, in his opinion, Frederick's court placed far too little value on recent humanist literature. A quotation deliberately chosen from the Psalter, that also repeatedly copied into the Emperor's so-called note-book, suggests that Piccolomini, through his "prefatio", was addressing Frederick personally.

Karel Hruza

Liber Pauli de Slauikouicz. Der hussitische Codex 4937 der Österreichischen Nationalbibliothek in Wien und sein ursprünglicher Besitzer / Liber Pauli de Slauikouicz. The Hussite Codex 4937 of the Austrian National Library in Vienna and its first owner.

The author describes Manuscript 4937 of the Austrian National Library (Österreichische Nationalbibliothek) in Vienna, gives an analysis of the contents and the composition of the quires, and defines the manuscript as a typical codex mixtus produced in the milieu of the Hussite University in Prague. The date of the binding can be put shortly after 1458. The owner of the manuscript was the Hussite bachelor and priest Paulus de Slavikovic. The author provides a short biography of the man, and information on ten other manuscripts belonging to his library.

Martin Roland

Studien zur Buchmalerei für das Wiener Dominikanerkloster während der zweiten Hälfte des 15. Jahrhunderts / Illuminated Manuscripts for the Dominican Convent in Vienna During the Second Half of 15th Century

The study first compares the still-existing library of the convent with a late medieval catalogue, thereby revealing heavy losses. Some of them can be located in the Österreichische Nationalbibliothek (Austrian National Library) and in Other Libraries abroad. A manuscript in the British Library (Add. 18.313) contains an important historiated initial by the Lehrbüchermeister, a Viennese miniaturist working between 1450 and 1470, especially for emperor Frederick III. After describing the manuscript dated 1466, the problematic question of compatibility of the mendicant ideal of poverty with the possession of valuable, beautifully decorated manuscripts is raised. In fact, there is another even more elaborately illuminated manuscript (Vienna, Library of the Dominicans, Cod. 415, 416), decorated by the Meister des Friedrichsbreviers. It is widely acknowledged that the preachers reached their intellectual zenith during the second half of 15th century, but the fact that they were important commissioners of illuminated manuscripts, decorated by the most important illuminators available in Vienna, has so far not been pointed out.

Peter Wiesflecker

Zur Adelsliste in Jakob Unrests Kärntner Chronik / The list of noble families in Jakob Unrest's Chronicle of Carinthia.

The Chronicle of Carinthia, authored at the end of the 15th century by Jakob Unrest, a canon in the collegiate church of Maria Saal and rector of the remote parish of St. Martin am Techelsberg, contains a list of noble families. This paper examines the list's important role in the concept of the work. Up to now, two manuscript traditions of the chronicle - differing considerably with regard to this list - are known. The list names the comital dynasties and the families of the founders of Carinthian monasteries, as well as 134 families of the lesser nobility which had become extinct between 1259 and 1490. By including the list, Unrest acknowledges the fact that the territorial unity (Land) is constituted by its nobility. The amount of information included by Unrest varies greatly from entry to entry. For twelve families, he indicates only the names, whereby in other cases a homonymous castle is known. Seventeen of the families are shown to have made donations to the church. Individual family members are named in 33 cases. The composition of the list follows primarily geographical criteria. Unrest seems to have travelled the country to collect materials on the castles and their owners. Apart from information transmitted orally, he also uses written records, in particular relying on the witness lists in charters, most important o fthose deposited in Maria Saal.

Karl Ubl

Die österreichischen Ketzer aus der Sicht zeitgenössischer Theologen / Austrian theologians and their views on contemporary heretics.

Sources on heresy in Austria are especially rare. This contrasts with the opinion generally accepted by historians, that the duchy of Austria belonged to the central regions of heresy's spread during the thirteenth and fourteenth centuries. It therefore seems rewarding to examine the views of Austrian theologians on contemporary heretics. Writings by Engelbert of Admont, Berthold of Regensburg, Siboto of Wien, Nikolaus of Heiligenkreuz and Martin of Krems have been taken into account. Most of their statements on heresy are to be considered fictional debates, based primarily on commonplaces and clichés transmitted by literary sources as the Anonymus of Passau. For example, it can be shown that polemics against Cathars do not indicate the existence of a dualist heresy in Austria but rather teh vexations of late-medieval theologians. The only heretical group which is clearly and originally reflected by the writings of Austrian theologians are teh Waldenses. Nonetheless, it is not at all eident that anyone except the Anonymus of Passau considered heresy to be the main challenge to pastoral care in Austria.

Roman Zehetmayer

Advocati und defensores. Die adeligen Neben- und Untervögte der steirischen Klöster im 12. und 13. Jahrhundert / Advocati and defensores. Noble Sub-Avocates and Partial Advocates of the Styrian Monasteries (12th and 13th Century).

Sub-advocates and partial advocates were necessary for the protection of the local monastic estates, but in many cases, they were of course also a serious threat to the convents. As a consequence of the idea of the libertas ecclesiae "movement" and the reception of canon law, the monasteries tried to abolish or to limit the advocates' income, their rights of lower jurisdiction and especially the heredity of advocacy. Instead, the convents wanted to engage defenders to protect their property, who cost nothing and were dismissable at any time. The convents were supported by the Styrian dukes, who saw a chance to restrict the power of the nobility in their territory. On the other hand, the nobles took the view that receiving money for protecting the monastic estates and for exercising jurisdiction, as well as succession by their sons, were old justified rights, and they accepted neither being dismissible at any time nor the loss of income. Therefore, from the end of the 12th until the end of the 13th century, relations between the nobility and the monasteries were dominated by heavy conflicts, which showed the eminent importance of these questions. Finally, the monasteries succeeded, and only the most powerful noble families were able to reserve a few of their advocate's rights. Naturally, this development meant a heavy financial loss for the aristocracy - with important social, economic and political consequences for Styrian society.

Christian Lackner

Archivordnung im 14. Jahrhundert: Zur Geschichte des habsburgischen Hausarchivs in Baden im Aargau / Archival Systemizing in the Fourteenth Century. The History of the Habsburg Archive in Baden im Aargau.

Situated near the castle of Habsburg and the confluence of the Aare, the Reuss and the Limmat rivers, Baden had by the 14th century become the most important administrative centre of the Austrian dukes in their Western lands. From a very early date, the Habsburgs deposited part of their archive there, especially documents concerning the "Vorlande". When the Swiss confederates conquered Baden in 1415, they were also placed in control of the archive - then comprising some 1500 charters and manuscripts. The records were partly destroyed, partly handed over to the Austrian dukes between 1477 and 1480. Baden is of great importance to the medieval history of the Habsburg archives. Whereas evidence of the existence of the chief Habsburg archive in Vienna before the 16th century is somewhat vague and inconclusive, references to the repository in Baden are numerous in the last decades before the Swiss conquest. Theses references are derived mainly from two ancient indexes now preserved in the Haus-, Hof- und Staatsarchiv in Vienna (Ms. Weiß 228/1.2). It seems tat a systematic review of the archive in Baden took place about 1384/85. The charters were at first classified according to their subject matter and distributed among different storage chests. Then several hands wrote endorsments. As the palaeographic analysis evidenced, most of the endorsements were executed by one Austrian chancery clerk, the Zurich-born Rüdiger Ölhafen. Finally, a systemized guide to the archive was made, based largely on the endorsements. This index is one of the first in Central Europe (Gonzaga archives 1367, Bavarian archives 1417).

Andrea Rzihacek-Bedö

Staufische Kaiserurkunde und normannisch-sizilische Urkundentradition. Die Träger der Kanzleiarbeit im Königreich Sizilien - Kanzleinotare und einheimische Kräfte / Imperial diplomas and the charter tradition of the Norman Kingdom of Sicily.

Emperor Henry VI succeeded to the throne of the Kingdom of Sicily in 1194. On his three journeys to Southern Italy between 1191 and 1197, he was accompanied by a number of scribes of his imperial chancery. To meet the demands of establishing Henry's reign over Sicily, however, a rising number of locals had to be employed in the business of issuing documents. The study first attempts to explore to what extent in in which way elements of the Norman-Sicilian diplomas were able to seep into charters issued by the Emperor. It becomes obvious that, although the imperial chancery was ready to employ local terminology and language style in order to provide an accepted legal basis in the matters brought before court, certain interior and exterior criteria had to be observed to maintain the traditional style and outward appearance of the imperial charter. Several examples serve to show the active role that experienced clerks from Henry's chancery played in the process of adapting local elements of style and language. Attention is then drawn to the creation of a new type of documents, the so-called apodixa, which was probably developed in co-operation between members of the imperial chancery and native scribes, in order to confirm the rights and property of individuals and institutions who handed in their legal documents to be examined by the King according to two edicts issued by Henry in 1196 and 1197. In the concluding section, the role of native employees is examined, specifically with regard to their share in the quantity of issued documents and their endeavours to adapt their style according to the guidelines of the chancery. In this section, it can be demonstrated that after a high rate of charters drawn up and written by various native scribes in 1194 and 1195, it seems that during Henry's last stay in Sicily until his death in September 1197, the imperial chancery tried to regain full control over the business of issuing charters and to stop the fluctuations in the employment of local scribes, possibly even to establish a Sicilian department of the chancery which employed only a limited number of specially trained scribes.

Gustav Pfeifer

Sigillum boni burgi Bolzani. Überlegungen zu den mittelalterlichen Siegeln der Stadt Bozen / Sigillum boni burgi Bolzani. Remarks on the medieval seals of the city of Bozen.

Municipal seals are excellent sources on urban history, but have not yet been thoroughly exploited as such by local historians. By their combination of text and image, they provide information on constitutional questions, the town's lord, the leading social groups and their self-expression. The earliest municipal seal of Bozen/Bolzano (South Tirol) was most probably made after bishop Egno of Eppan, the town's lord, regained the secular lordship of the bishopric of Trento. In reconstructing his principality, which was endangered by competing comital families, Egno needed the support of the newly developing Bozen community of burgenses. In 1256, when he made concessions to them regarding their tax payments, he possibly also allowed them to use a seal. At first, it would have served mainly as a visual symbol of the community's coherence rather than for the authentification of charters, because in 13th and 14th-century Bozen, the majority of legal acts was validated by unsealed public notaries' instruments instead. The depiction on the seal of the bishopric's patron, St. Vigilius, clearly shows it having been designed from the lord's point of view. After 1381, the counts of Tirol (and dukes of Austria), having gained actual power within the bishop's district of jurisdiction, urged the municipal council to replace the old seal. but there is no way of determining whether they were successful. In any event, when the bishop's urban district and the surrounding judicial district of the Tirolian counts were united under Duke Sigismund in 1462, a new seal matrix was cut. The newly granted municipal coat-of-arms depicted on this seal combines an expression of lordship with a religious one: the Austrian shield, with its colours reversed for reasons of heraldic rules, and a star with six points, symbolizing Our Lady, the patron saint of Bozen parish church.