Transcription of the document

Kempten, September 27th 1372

Copy of a document of 1372

Ich hainrich kuntzelmann wun(sch) chunt (wuensche kundzugeben) vnd v(er)gich (bekenne) offenlich mit disem brief allen den(en) die in ansehnet od(er) horent lesen .. umb die s(t)raflin vnd vnzu(c)ht (straefliche Gewalttat) die ich begannen han in dem gericht vnd in der stat ze kempten das ich minen aigen man .. den fintboner da wolt haben gevangen .. vnd darvmb ich gesworen hab ainen gelerten aide ze den hailgen mit vffgebotnen vingern hinder den paut (Pfad, Weg) ze kempten wie mich der darvmb busti (band, verpflichtete) das ich das stats (stets) halten vund haben solt .. darvmb v(er)gich ich das sie mich darvmb also gebust hant das ich der Burger gemainlich der stat ze Kempten diener sin sol vnd in warten (untertan sein) sol mit aim spiess zehen iar diu nachsten von dem Tag als dirr brief geben ist.. also wenn mich der paut ze kempten wer danne ie (irgend einmal) raut (Rute-Stab-Bischofstab-Bischof) ist od(er) der Stat ze Kempten pfleger ob ze der selben zit nit raut war manent (auffordern, mahnen) in den selben zehn iaren vnder ougen od(er) (vor ihren Augen oder) mit iren briefen das ich in danne berait sin sol und in dienen sol mit aim spiess vngevarlich (ehrlich) wa hin si mich dann je manent und sol das tun uff den aide den ich gesworen hab.. darzu sol ich vff dem selben aide wider der stat ze kempten noch wider die Burg(er) gemainlich (gemeinschaftlich) ze kempten nummermer (nie mehr) gesin (Ansprueche stellen) die wil ich leb mit dehainen (keinen) sachen .. vnd des ze vrkund vnd vestnung aller vorgeschrib(enen) sache(en) so gib ich den obgenanten Burg(er)n gemainlich ze kempten und iren nachkomen und mit minem Insigel und ze merr (ferner mit) (dem) ziugknust (Zeugnis) mit mins swaugers Insigel (Schwagers Siegel) Burcken knopfs und doch im selb(st) au(n)e (ohne) schaden.. Der brief ist geben nach christes geburt dreizehen hund(er)t iar und in dem zwaie und sibenzgosten iar an dem nachsten mantag vor sant Michels tag.

Annotations

not[a]be[ne] Schreiber: W. d. Brunnmaister, Kempten The attached Insignal contains the Coat of Arms of Kuntzelmann: A black bird or dove on a white background. Hainrich Kuntzelmann was citizen of Kempten in 1373, 1383 1385. His brother in law - Burck Knopf - was mentioned in "Stiftkemptischen Salbuch" in 1394. In 1398 Jacob Kuntzelmann was mayor of Kempten - "ein mächtiger burger"(a powerful citizen). He was a cousin, cf "Document HSTA U812 from Nov 15th 1390". Source: Material from Helmut Finckbein, Berlin, 1. Juni 1968 Document HSTA Münschen Allg. STA RST Kempten U Faz.12 Nr. 54 (Quelle: Freyberg, "Regesta boicarum" 1841 Bd IX, S.285)

Annotations of Christian Finkbeiner

The supplementations and remarks in brackets were allegedly done by Mr. Freyberg. The parenthesis in Not(a)be(ne) were added by myself. The interpretations of "Paut" (a path) and "Raut" (a crosier) are unsatisfying and raise more questions than are answered. The remarks at the bottom on the right side give an idea of the size and source of the document.

Myth Fintboner - »found bean farmer«

This is the document that is suppose to prove the meaning of the name Fintboner ("The Found Bean Farmer"). It is my opinion this is an over-interpretation of the document. While I tend to simplify facts to keep things clear, there are many facts that lead me to this point of view. The Finkbeiner family tree is thought to be traced back to one ancestor, Jerg Finkbomer located in Baiersbronn. While it is a nice theory, it has not been proven to be 100% accurate. It is necessary to distinguish between myths and facts. There are stories that are passed down and dear to every family. These stories should be honored and not forgotten. Nevertheless, in order to make research as reliable as possible, it is important to know which information is accurate and safe to use.

What is left?

What remains is the name Fintboner; a serf, that was able to escape his feudal Lord. "Stadtluft macht frei" (roughly "the air of a city set free" - People were free when they could stay longer than a year - to express this they said "Stadtluft macht frei") was a very popular expression of that time. Somehow Fintboner was able to benefit from the freedom of the city, such that he was able to escape his obligations to his feudal Lord. The Feudal Lord, Hainrich Kuntzelmann, apparently broke municipal laws in his attempt to catch the Fintboner.To atone, the Lord apparently offered himself to 10 years of some sort of military service for the citizen and the town of Kempten.

What are the difficulties?

From an ethymological point of view, the meaning of the surname Finkbeiner is not clear. What we know is that it's origins has nothing to do with the bird "Finch" (Fink) and the leg (Bein). The one exception, is the always unreliable statements found in the Halberts Family Heritage Books. Their interpretation is found in no other research.

Why not »found bean farmer«?

Not knowing all the facts, I am unwilling to completely rule out that interpretation of the Finkbeiner name. However, until further evidence is found, I tend to favor some theories over others. The more choices available the more difficult the choice.

Example

..."The interpretation Fintboner (Found Bean farmer) is linguistically and grammatically impossible. The suffix "-er" relies on a location or an action. For example "Englander" (Britisher/Englishman) to 'England" (England) or "Tanzer" (the dancer) to Tanz (the dance). In this case: "einer, der bohnt" (somebody polishing a floor). The word "bohnen" is used in Low German West, in Low German East the word bohnern is used. The exact boundary line according to the usage of this word is listed in "Kretschmer 1918 Wortgeographie". It can also be a "Satzname" literally "Sentence Name) - a surname that describes a complete sentence. For example Flickenschild "Flick den Schild" is "Patch the Shield". The interpretation 'Fintbon" or "Find die Bohne" as "Find the Bean" is not possible as the suffix "ER" can not be added. There can not be a "Mr. Flickenschilder" (perhaps at the least, a Mr. Flickdieschilder). Also, one must keep in mind that the string bean was not known in Europe until the discovery of America. Only the Vica faba (broad bean) would have been known at that time in history. It is easy to find out where such beans grow , It grew in light soil as opposed to swampy ground. This knowledge would help to exclude the potentially wrong interpretation."...

And now?

The author of the paragraph above, Mr. Alvermann from Baden-Baden, has another theory. He feels that the name has its origin in a field name. It is not possible at this time to know if this is the true and only meaning of the name. But his line of reasoning is interesting and should be noted.

Translation of the document

I, Hainrich Kuntzelmann, wish to announce and make public by this letter, to all people who read it or to whom it is read. In the attempt to catch my Feudal Serf, The Fintboner, I commited acts against the Courts in Kempten, that are punishable by law. I swear to the Saints with raised fingers, a formal oath, repeating the words of the Paut of Kempten. In the which I am obligated (by the Paut) that I should always keep it (the contents of the oath). Therefore, I agree that I am bound to be in service to the citizens of Kempten. Further more, I shall serve them with my spear for 10 years from the date this letter is delivered. Within those 10 years, I shall be ready to keep the promises I have made and will serve them honestly. I will obey what ever spoken or written orders might be given by the Paut, who may someday also become Raut. (The exact interpretation of Paut and Raut is unknown, but in this context it is reasonable to assume they are possiby titles of leadership or position. Also he mentioned that he would obey to another person being responsible for the city if there were no Raut available within this 10 years) Further more, I shall never assert claims for my services in reference to this oath, to the citizens of Kempten. To record and give evidence of my oath and intent, I will give the citizens of Kempten and their decendents, this letter sealed and bound with my insignia. Also bound with the insignia of my brother-in -law, Burck Knopf, who is a witness but in no way obligated by my oath. The letter was written in the 13th century, in the year Seventy Two (72 A.D.) on the Monday before Saint Michael (Monday, Sep. 27th, 13, as Saint Michaels' was Wednesday (according to the Julianian Calendar)).

It is just an attempt

The different style and the uncertainty of the meaning of some of the words make an exact translation ofthe document impossible. Regardless, I believe the text is understandable and that I have the translation and meaning as accurate as possible under the circumstances.

Paut - a path?

Paut cannot be a Path. How does a person swear an oath behind a path? "...hab ainen gelerten aide ze den hailgen mit uffgebotnen vingern hinder den paut ze kempten......". A "gelerter" Eid is a formal Oath. Therefore "hinder" (behind) in the meaning of "nacheinander" (afterwards) is meant. For that reason I translated here "nachsprechend" (repeating). However, "Paut" must be a person or institution. "...wie mich der daumb busti (binden verpflichten) das ich das stets halten und haben solt..." in which I was obligated (by the paut) that I should always keep it (the contents of the oath). According to the Grammer both "der Paut" and "der Eid" (oath) are possible meanings. But a path cannot obligate someone to an oath. The sentence "an oath shall bind me to keep the oath" is redundant and doesn't make sense to me. Another possibility could be that Panthaleon ze Kempten (Panthaleon of Kempten) was meant. In this case, "Pant" would be just an abreviation, of a first name. There was no surname necessary as appearently everybody knew who was meant at that time.

Raut - a crosier?

This doesn't fit at all. If "Paut" was a path it could not become a "crosier". A "Bischof" (bishop) or a "Rat" (council) is possible. This could be a possible explanation why "Raut" is not always available. In fact I do not know what or who is meant. But I am certain "Path and "Crosier" does not make much sense. On the other hand I have found some evidence (not yet completly varified) that mayors had a stick, (a Schultesstab) as a sign of the distinct dignity of this person or office. Then "Raut" would be a metapher for a mayor.