Lot 27
  • 27

Der Eytgnoschafft, namlich der Tryzechen Orten unnd Etlicher Zugewarrten Punnt, laws of the Swiss Confederacy, in German, manuscript on paper

Estimate
6,000 - 8,000 GBP
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Description

143 leaves (3 originally blank), plus 3 preliminaries and 9 end leaves (7 originally blank), 217 mm. by 158 mm., complete, collation: i-xxxvi4, with alphabetical signatures, mostly 17-19 lines, written-space 133 mm. by 90 mm., written in brown ink by several scribes in a calligraphic cursive hand, headings in red mostly in a formal gothic display script, eighteen very large decorated initials in red in elaborate interlaced calligraphic designs, early additions at end, some marginal notes, slight stains at beginning, one flyleaf detached, contemporary blind-stamped binding of leather over slightly bevelled wooden boards, sewn on 3 double thongs, sides panelled and stamped with floral tools, stub (only) of a clasp on edge of upper cover secured by foliate metal boss, part of corresponding metal catch on edge of upper cover, binding very worn and rubbed

Provenance

provenance

(1) The principal watermark appears to be A. Flury, 'Die Papiermühle zu Thal bei Bern und ihre Wasserzeichen (1466-1621)', Neues Berner Taschenbuch, 1896, no. 13B, example dated 1521; cf. also Briquet 12270-71, recorded 1518-27.

(2) From a private collection, bought from Schumann (Kraus), probably c.1970; and by descent to the present owner.

Condition

Condition is described in the main body of the cataloguing where appropriate.
"In response to your inquiry, we are pleased to provide you with a general report of the condition of the property described above. Since we are not professional conservators or restorers, we urge you to consult with a restorer or conservator of your choice who will be better able to provide a detailed, professional report. Prospective buyers should inspect each lot to satisfy themselves as to condition and must understand that any statement made by Sotheby's is merely a subjective, qualified opinion. Prospective buyers should also refer to any Important Notices regarding this sale, which are printed in the Sale Catalogue.
NOTWITHSTANDING THIS REPORT OR ANY DISCUSSIONS CONCERNING A LOT, ALL LOTS ARE OFFERED AND SOLD AS IS" IN ACCORDANCE WITH THE CONDITIONS OF BUSINESS PRINTED IN THE SALE CATALOGUE."

Catalogue Note

text

These are the foundation texts for the creation of Switzerland.  The country, which is still a confederacy, began as a league of three rural or forest cantons in the thirteenth century.  By the late fourteenth century it was formed into the Achte Orte, an alliance of eight districts.  The league gained effective independence from the Holy Roman Empire by their defeat of the emperor Maximilian at the Battle of Donach, 22 July 1499.  The present manuscript records the legal process of each stage until the admission of Appenzell in 1513, creating the Dreizehn Orte.  It is datable to before the Geneva joined in 1526.  The title-page translates approximately, 'Here follows the Confederacy (Eidgenossenschaft), that is, the Thirteen Cantons and its various associate partners, together with what came by inheritance from the houses of Austria and Burgundy, according to the text of the legal documents'. 

The text comprises: the establishment of the original three cantons (fol. 1r); Unterwalden, admitted in 1291 (fol. 4v); the Treaty of Stans, in 1481, which solved the imbalance between the forest and urban cantons (fol. 8v); Zurich, admitted in 1351 (fol. 12v); Glarus, admitted in 1352 (fol. 21r); Zug, also admitted in 1352 (fol. 30r); Berne, admitted in 1353 (fol. 38r); the Pfaffenbrief of 1370, which created the confederacy of six cantons, Zurich, Luzern, Zug, Uri, Schwyz and Unterwalden (fol. 47v); the Sempacherbrief of 1393, which increased the confederacy to eight (fol. 52r); the treaty of the eight (fol. 56v); Fribourg and Solothurn, admitted in 1481 (fol. 63r); Basel, admitted in 1501 (fol. 71r); Schaffhausen, also admitted in 1501 (fol. 90r); Appenzell, admitted in 1513 (fol. 92r); St-Gallen, which became an associate member in 1513 (fol. 100r); Mulhouse, also an associate member from 1513 (fol. 108r); Rottweil, an associate member too from 1513 (fol. 116v); and laws inherited from administration by the Holy Roman Empire, defeated in the Swabian War of 1499 (fol. 127r); with a slightly later addition for Chur (fol. 140r).