Die Datierung von Sachsenspiegel Landrecht III 57,2 und die Entstehung des Kurfürstenkollegs

Armin Wolf 1
  • 1 , Frankfurt am Main, Germany
Armin Wolf

Abstract

Für Bernhard Diestelkamp zum 90. Geburtstag

The Dating of Saxon Mirror Landrecht III 57,2 and the Origin of the College of the Prince Electors. The famous article in question contains a list of six German princes who were the first in royal elections (the archbishops of Mayence, Trier, and Cologne; the Count Palatinate, the duke of Saxony, and the Margrave of Brandenburg). Thereafter all the princes elected. Although the King of Bohemia had been an elector before, he is excluded “because he is not German”. In opposition to the traditional view, which sees this article as an original part of the work of Eike von Repgow (ca. 1220/35) and which is upheld lately by Alexander Begert, it is shown that the article III 57,2 does not fit to any of the royal elections of 1198, 1237, 1252 or 1257. It fits, however, perfectly to the election of Rudolf of Habsburg on October 1st, 1273 – when the Bohemian vote was refused. The article must have been inserted to the Saxon Mirror after that date, but before May 1275 when a seventh vote was attributed to the duchy of Bavaria. In 1290, the hereditary vote was returned to the King of Bohemia. The traditional Seven Prince Electors met never before 1298. In this very year they documented their election of Albert of Austria in the first charter drawn up by all of them together with their individual names and corroborated with their own seven seals. This act can be regarded as the foundation of the College of Electors. In the same year the expressions kurfursten (prince electors) and their collegium appeared for the first time. Also https://www.historisches-lexikon-bayerns.de/Lexikon/EN:Electors

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The Zeitschrift für Rechtsgeschichte (ZRG, also known as the Savigny Journal) represents an integral part of European legal history research, having made a significant contribution to the current state of the discipline.

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