Heinrich Hutsmund

(municipal judge of Passau)

There are just few sources about Heinrich Hutsmund which are also contradictory and fragmentary.

What we can definitely say is that Heinrich Hutsmund was municipal judge of Passau and that he was murdered in the summer of 1262. His tenure started in the year 1255, possibly already in 1250 (proof: 3 lease contracts (20. June, 1254,13. April, 1256, 30. August, 1260)). There are sources about two tenures: The first tenure was from Easter 1256 to Easter 1257. After that there is a break in the sources. The second tenure began on 1. May, 1260. This is supported by a document (30. August, 1260) which shows that the court of Passau was leased to Hutsmund and his son-in-law for a year since 1. May, 1260.

Was Heinrich Hutsmund continuously in office as a  municipal judge?

Contra: The so-called "Ledererbrief" from 22 November, 1258 is the only documentary evidence in which "Perchitold von Haidenstorf" is mentioned as judge of Passau. Hutsmund is not mentioned in this document. Thus there is a break in the tenures of Hutsmund. This is possibly a proof for a conflict about the judge’s position and for a displacement of the previous office holder Hutsmund.

Pro: It is assumed that the "Ledererbrief" is erroneous and that therefore Hutsmund was continuously in office.

Moreover it is known about Hutsmund’s tenure that there was a relationship of dependence. On the one hand there was the indepted bishop Otto von Lornsdorf and on the other hand Heinrich Hutsmund who must have lived in secure material circumstances because he was able to lease the court. He earned money by administrating his office and from customs duty which were mortgaged by the bishop. The cooperation paid off for both of them: the bishop enlarged his financial range, the municipal judge has a secure investment and he couldn`t be passed over by the bishop because the bishop had high financial obligations to him. Sources say that bishop Otto owed Hutsmund 106 talents and 32 pennys in Passau’s currency.

The assassination is mysterious. There are no detailed sources about it. A certain Ulrich Tugozzinger was suspected in 1263. His two houses were claimed by Heinrich Swelt as mortgage after given to the bishop due to a judgement of the citizens. Hutsmund’s assassination is also surprising because the sources show no conflicts between the municipal Lord and the municipal judge. The reputation of Hutsmund’s family was damage through the assassination and they were unable to hold their positions in Passau. The bishop retracted a part of the fiefdom of the deceased Heinrich. It led to a conflict between descendants of Heinrich and Friedrich and nuns of Niedernburg about incom from the Bohemian toll which could be settled in 1288. The Hutsmund brothers had to concede and it was rather a desire that they could follow their father as municipal judges.

• Egon Boshof: Die Regesten der Bischöfe von Passau 1206-1254 (München 1999) Nr. 1920, 1927, 1951, 2038.
• Josef Breinbauer: Otto von Lonsdorf, Bischof von Passau, 1254-1265 (Köln 1992) S. 211-251 u. 282f.

edited by: Anja Baierlein
translated by: Patrizia Müller
(17.8.2004/13.5.2005)