> The burden of proof rests with the claimant, that much is true. Mr
> Buguete has shown adequate evidence IMHO that the instrument in question
> was the one which was used by Weiss.

I found an interesting opinion - on the website of
Stephen Barber & Sandi Harris concerning that instrument:

****
The theorbo of Sylvius Leopold Weiss?


There have been recent claims by André Burguete that it was altered in the 
early 18th 
Century by Thomas Edlinger in Prague, for Weiss; the implication being that it 
was altered 
for German d-minor continuo playing, which involved shortening the lower neck, 
and adding a 
curved fingerboard. The first problem with this claim is that the 'Edlinger' 
label is 
handwritten and does not look like the only other known handwritten Edlinger 
label (in an 
instrument in the Shrine To Music collection, South Dakota). There is also no 
documentation 
whatsoever which proves that Weiss bought this instrument (presumably in Italy) 
and took it 
to Edlinger in Prague, or to positively link this instrument to Edlinger having 
worked on it 
for Weiss - let alone anything that unequivocally places the instrument as 
having been the 
property of Weiss. Burguete claims that Weiss was in Prague the same year as 
the date on the 
'Edlinger' label (which is actually overlapped by the Tesler label - we do not 
know what 
André Burguete's explanation for that is) but this common date does not of 
itself prove any 
link between this instrument and Weiss - and that presupposes that the 
'Edlinger' label is 
genuine, which is far from proven or accepted. And interestingly, when 
Wildhagen tried to 
sell the instrument around 70 years ago, there was no mention in the surviving 
paperwork 
(which now resides in the Germanisches Nationalmuseum, Nürnberg) of an Edlinger 
label being 
present inside the instrument . . .

It is unfortunate that it has been claimed as the theorbo of Sylvius Leopold 
Weiss by 
Burguete, a fanciful attribution with no proveable foundation. André Burguete 
claimed in a 
paper read to the Dresden Lautentage conference in April 2000 that the 
instrument was 
brought from Rome by Weiss; quite how he feels able to make this claim is 
anybody's guess, 
since when we first measured the instrument in Potsdam in the early 1990's, its 
then 
owners - a family who possessed many art treasures - had nothing in their 
family archive 
connecting the instrument to Weiss. Burguete has produced no documentation 
which links this 
instrument to Weiss, although we're interested in a recent suggestion that the 
instrument 
was bought for a 5-figure sum and sold for a 6-figure sum. Burguete has 
recently written to 
us and peevishly complained that we have questioned his claims regarding this 
instrument; 
however, we stand by what we say, and until Burguete produces genuine 
documentation which 
unequivocally links this instrument to Weiss (and explains why the handwriting 
of the 
'Edlinger' label it bears is different to the other extant handwritten Edlinger 
label) our 
position is that this instrument cannot be regarded as having been in the 
possession of the 
great lutenist. Facts, evidence and proof are one thing - surmise and fanciful 
conjecture 
something else; this sort of sloppy 'scholarship' would not be tolerated or 
accepted in any 
other sphere of historical research.

In response to a statement quoted by Douglas Alton Smith in the Journal of the 
American Lute 
Society (Volume XXXII, 1999, on page 58) that - according to Lynda Sayce - the 
neck and 
pegbox design of this instrument is "identical" to that of the 1615 theorbo by 
Giovanni 
Tesler, we would like to point out - for the record - that it is not identical, 
it is merely 
a similar design. The upper pegbox is indeed very similar, but the long neck of 
the Harz is 
plain, whilst the Tesler has a distinctive and unusual 'moulding' carved along 
its sides, 
they resolve into the lower neck in a completely different manner and the 
handling, 
detailing and and carving of the lower pegbox differs from one instrument to 
the other. 
Also, the Harz has 43 ribs, not 55 as stated in the article.

There is simply not enough known for certain about the design of this type of 
long neck and 
pegbox arrangement to attribute it definitively to the early 18th Century and 
the Edlinger 
workshop, so it is wrong to state - as the article does - that the Harz in its 
current 
configuration dates from the same year as the Tesler's 'Edlinger' repair label; 
furthermore, 
the Harz is an archlute, not a theorbo! However, the shaping and resolution 
between the 
lower and upper necks of the rear surface of the Harz is extremely similar to 
that of the 
'theatre theorbo' (No.22 below) two examples of which the whereabouts are 
currently known 
(three instruments are known to exist). This style can be seen in the images of 
No.2 (above) 
and No.16 (below). The Tesler upper neck, on the contrary, flows into the joint 
with the 
lower neck in a long, graceful curve, similar to that seen on many Venetian 
instruments (see 
No.14, below).
Moreover, the veneering of the front of the Tesler upper neck is a patchwork of 
various 
pieces of ebony of a very poor quality; is it really very likely that a great 
player of 
Weiss' stature would have accepted such rough work? If Edlinger was responsible 
for this 
veneering, it doesn't say much for the skills of his workshop.


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