Category Archives: Centers

Revisiting Frankfurt am Main

Logo Max-Planck-Gesellschaft

One of the earliest posts on my blog in 2009 was devoted to the Max-Planck-Institut für europäische Rechtsgeschichte in Frankfurt am Main. Frankfurt has featured here in many posts, for example in a post on a guided tour to the criminal history of the capital of Rheinland-Hessen and in the post on Savigny at 150 years. Many times I have referred here to the pivotal position of this German research institute in the field of legal history, because it is the best example of an institute showing the variety of legal history, which almost leads you to prefer the plural expression legal histories. When I visited this week the website of the Frankfurt institute I found many new things which merit attention in a new post. The new building of the institute in Frankfurt’s West End gets close to completion, but it is really worthwhile to have a look at its activities before the move from the Hausener Weg to the new location near the inner city.

From strength to strength

At the moment I wrote the caption for this paragraph I wondered whether the MPI at Frankfurt am Main has indeed a motto of its own, but this one could very well play this role! In the face of many other fields of science and law for which the Max-Planck-Gesellschaft has created institutes it is most reassuring that legal history, too, has got its place since many years. The research programs of the MPG’s institutes are comparable to any other research institute, but the main goals and aims are reviewed by the central board in Munich through the years, with as a possible consequence closure or radical change.

One of the changes has been a shift of focus from the European Middle Ages to other periods and regions. Countries in the South-East of Europe and Latin America are new targets of research. Luckily materials brought together at the MPI such as a large collection of microfilms of medieval manuscripts are still safely in place. Quite recently the history of the former Arbeitsgruppe Legistik has been honoured with the launch of a digital version of the Verzeichnis der Handschriften zum römischen Recht bis 1600 (4 vol., Frankfurt am Main 1972) in the database Manuscripta Juridica. The original edition itself was basically a print made by Gero Dolezalek and Hans van de Wouw with their pioneering computer program of information concerning manuscripts in libraries worldwide containing texts of and commentaries on Roman law. The online version will be supplemented with data concerning manuscripts with canon law texts. Recht im ersten Jahrtausend is a new subseries of the MPI in the main series Studien zur europäischen Rechtsgeschichte. The recent publication of Andreas Thier’s study Hierarchie und Autonomie. Regelungstraditionen der Bischofsbestellung in der Geschichte des kirchlichen Wahlrechts bis 1140 (Frankfurt am Main, 2011), on episcopal elections and medieval ecclesiastical law, shows that early European legal history is not neglected.

The library of the Frankfurt MPI is really the core and the heart of the institute. Its digital library testifies to its rich holdings by steady enlargements. To the first section with digitized German law journals between 1800 and 1918 a second section has been added this year with journals between 1703 and 1830. At present you can view 31 journals, some two hundred (!) more will be added. You will not wonder that these projects dominate the field of legal history until now, and they have a special place in an earlier post on digitized journals and legal history.

The Virtueller Raum Reichsrecht is dedicated to digitized works stemming from the German Holy Roman Empire. A much larger collection is DRQEdit with digital editions of German-language legal works, a project in cooperation with the Academy of Sciences in Heidelberg and the University of Cologne. Legal literature from Germany, Switzerland and Austria concerning private law printed during the nineteenth century is another subject for a separate digital library, with more than 4,000 books. The digital library for dissertations from the Holy Roman Empire between 1600 and 1800 contains a number of digitized versions of them, but is mainly concerned with presenting a detailed description of some 73,000 dissertations. By now it should be no surprise the institute at Frankfurt participates with three other institutes of the MPG in the Digitization Lifecycle project for best practices and innovation in the field of digitization. It is only fair to indicate that for reasons of copyright the number of accessible digitized books in the field of Byzantine law is unfortunately very restricted. The overview of manuscripts with legal texts from Byzantium offers here some solace. By the way, a number of pages of the MPI website are available both in German and English.

The holdings of the library have been enriched by the collections of several scholars in the field of legal history. Among recent accessions is the library of Sten Gagnér (1921-2000) with 10,000 volumes and many offprints. It goes without mention the library offers to its visitors access to a number of subscribed databases and the MPG’s own digital library and licensed online journals. It is often very sensible to look for books on a particular subject first in the library catalogue of the MPI. This will bring you often to literature you had not yet spotted at all. The only sections recently removed from the website of the MPI – or hopefully just temporarily missing – are the links section and the selection of portals for legal history.

In June 2012 the Max Planck Legal Studies Network has been launched in which ten legal institutes combine forces. One of the strengths of the Frankfurt MPI has always been the support of young scholars. With the University of Frankfurt the MPI cooperates in a Graduiertenkolleg, a graduate school for comparative legal history. Every year the MPI organizes a summer school and several other courses for young scholars. The Graduiertenschule Lateinamerika is organized in cooperation with institutions in Argentina and Brazil. For reasons of space I skip other initiatives for young scholars, apart from the financial support for graduates. A link with contemporary law is provided by the new LOEWE center of excellence Aussergerichtliche und gerichtliche Konfliktlösung, a three-year project extrajudicial and judicial conflict solution, a theme dear to my Rotterdam supervisor Chris ten Raa who organized already in the nineties an international research project on the history of mediation and conciliation.

The journal Rg-Rechtsgeschichte scarcely needs introduction as the successor to Ius Commune (1967-2001) which is in its entirety accessible online in the PDF format, and also to the Rechtshistorisches Journal with an often amusing different slant on and sometimes scathing view of the practice of legal history. It is a relief drawings are again admitted to the pages of Rg-Rechtsgeschichte!

More institutions in Frankfurt

Paulskirche, Frankfurt am Main

The Paulskirche in Frankfurt am Main, the location of the Nationalversammlung in 1848

I would like to end this post with a brief look at institutions of the Goethe-Universität Frankfurt. The law faculty at Frankfurt is certainly not neglectable, and in particular not the Institut für Rechtsgeschichte. The university library, too, is worth visiting. 1848-Flugschriften im Netz is the digital collection with pamphlets on the German revolution of 1848. Compact Memory is a project with over 100 digitized 19th and 20th century Jewish journals from Germany, to mention only one of the digital collections concerning Jewish history and heritage. Legal texts are present among the more than 400 digitized medieval manuscripts. I pick at random from the special collections the Internet Library Subsaharan Africa, a major portal for African studies, the Flugschriftensammlung Gustav Freytag and the Sammlung Deutscher Drucke 1801-1870, the central collection of German imprints from this period. Colonial history is the focus of the Bildarchiv, the digital image collection of the Deutsche Kolonialgesellschaft, digitized in cooperation with the Hochschule für Technik und Wirtschaft, Dresden. The university library holds also the former collection of the Bibliothek der Bundesversammlung (1816-1866). The volumes of the inventory by Johann Conradin Beyerbach of Frankfurt city ordinances, Sammlung der Verordnungen der Reichsstadt Frankfurt (11 vol., Frankfurt am Main 1798-1818), have been digitized, and the university library has several thousands of these ordinances.

Let’s finish with four other institutions: the Deutsche Nationalbibliothek with the German Exilarchiv 1933-1945 focuses on bibliographical projects and communication. The museums in Frankfurt have created the society for Frankfurter Museumsbibliotheken. For legal history the Institut für Stadtgeschichte, too, is one of the libraries with relevant holdings. The history of criminals and punishments comes into view at the Kriminalmuseum Frankfurt am Main.

You might get tempted to think I forget to mention scholars doing research and teaching in Frankfurt. I am very well aware they make the MPI and the other institutions briefly touched upon here into places with a vibrant scholarly life. Many of these scholars do deserve laurels. The very least to do is pointing to two deceased scholars, Helmut Coing, the founder of the Frankfurt MPI for European Legal History, and Marie-Theres Fögen, also many years at the head of this institute. In my experience the scholars in the service of the Max-Planck-Institut für europäische Rechtsgeschichte do their best to honour their memory. All who visit the institute and benefit from its services should follow and debate the standards they set, for constructive debate about the fundamental questions, practices and prejudices of legal history is also among the inheritance they left to future generations.

Centers of legal history: Milan

Followers of the series Centers of legal history will have some expectations about a post featuring an Italian city. Which city will I choose? In earlier posts outside this series several Italian towns have figured. In the post on digitized Italian city statutes I pointed to websites all over Italy. My post on the Codex Florentinus contained references to institutions in Florence. The recent post with a discussion of two digitization projects in Bologna ended with a nutshell’s guide to research institutions and other relevant projects at Bologna. Creating a guide for Rome and legal history within the scope of just one blog post is something beyond my powers, and probably just too long and too uneven to be worth the effort. Milan offers itself as the town to figure here, and where possible and sensible I have added institutions and initiatives in Lombardy.

Legal history in Milan

The presence of several universities is one of the reasons to include Milan in this series. I will start with the Università degli Studi di Milano and its department for legal history. Among the current staff of the Sezione di storias medievale e moderno Claudia Storti is now probably the best known scholar, but among former scholars at Milan it is surely Antonio Padoa Schioppa. The library of this section and its digitization projects command respect. In particular the bibliographical database and the database of offprints are worth noting as something only seldom found elsewhere, as is the online database of microfilms of medieval legal manuscripts. The presence of filters for specific themes shows the sheer width of this collection. I Gridari del ducato di Milano del XVIII secolo is a project with digitized legislation from the eighteenth century for the former duchy of Milan. The second digital library contains a wide variety of more than 700 old legal works. The Università degli Studi di Milano has also contributed to the creation of the Censimento dei manoscritti medievali della Lombardia, the online census of medieval manuscripts in Lombardy.

The section for Roman law is less well-known than its counterpart. One of the most salient features is the project on the rights of “others” in Roman and Greek law in which five Italian universities participate. The department has a substantial library. Pride of place should go to the department’s journal Dike for the history of Greek and Hellenistic law. The issues of this journal between 198 and 2007 have been digitized.

The second university to present here is the Università Bocconi - in full Università Commerciale Luigi Bocconi – and its Dipartimento di Studi Giuridiche Angelo Sraffa. Unfortunately the pages of the section for Roman law lack information. Of the small section for medieval and modern legal history I would like to mention Annamaria Monti. She contributed to the interesting online exhibition I libri antichi di Angelo Sraffa which focuses on Benvenuto Straccha, a sixteenth-century lawyer, and his treatise De mercatura, an early treatise devoted exclusively to commercial law. Other treatises on this subject, a bibliography and a catalogue of the early printed books donated by Angelo Sraffa (1865-1937) to the Università Bocconi, accompany this exhibition. A second online exhibition shows Italian editions of the Consolato del Mare from 1576 onwards. The Llibre del Consolat del Mar, a legal text from Catalonia, is one of the major sources of medieval maritime law. By the way, together with the Università degli Studi di Pavia the Università Bocconi has created an Italian Law School.

The third university is the Università Cattolica del Sacro Cuore, a university which is active in five Italian towns: Milan, Brescia, Piacenza, Rome and Campobasso. Despite careful searching at the websites of the law faculties in Milan and Piacenza I was unable to find any activity in the field of legal history. A fourth smaller university, the Università Milano-Bicocca has more to present. At this university you will find a department for medieval and modern legal history and a department for canon law. Loredana Garlati is one of the editors of the Italian legal history portal Storia del diritto medievale e moderno. At this portal you can find in particular detailed information about the legal historians active in Italian universities. I guess I have not found every legal historian in Milan at the website of her or his university, but this portal can bring you safely to them.

Legal history at large in Milan and Lombardy

If you are tempted to conclude that the first half of my post is distinctly meagre despite the presence of four universities the second half should contain sufficient arguments to convince you about the wealth and variety of institutions and their projects in Milan and Lombardy. Let’s start with the Biblioteca Nazionale Braidense, where I found only two digitized journals dealing with law from the early twentieth century in the Emeroteca of its Biblioteca digitale. Alessandro Lattes, a legal historian, and his brother Elia donated the books which now form the Raccolta Ebraica at the Braidense. The Braidense has got an extended collection of microfilms with historical works concerning the Waldensians.

The Biblioteca Ambrosiana was founded in 1609 by cardinal Federico Borromeo (1564-1631). Its name stems from Ambrose, the famous fourth-century bishop of Milan. After the Bodleian Library (1602) in Oxford and the Biblioteca Angelica in Rome (1604) the Ambrosiana is one of the oldest public libraries in Europe. The library has a truly marvellous collection of medieval and Renaissance manuscripts. Some of the more famous manuscripts have been digitized, with probably the Codex Atlanticus of Leonardo da Vinci as the most often sought item. For legal historians and church historians one of the most interesting digital sources are the Acta Ecclesiae Mediolanensis (1582), the first episcopal acts under the aegis of cardinal Carlo Borromeo (1538-1584) in which he tried to follow the decrees of the Council of Trent as closely as possible, with numerous important changes for church life. These acts became quickly the model for the Catholic Church of the Counter-Reformation.

We saw already digitized materials on the legal history of the Duchy of Milan. The Consiglio Nazionale delle Ricerche has created an online bibliography on the gridi and editi between 1560 and 1796, and of course digitized sources, which you can use after registration. The Archivio lombardo della legislazione storica is an online repertory for legislation in the field of public law in Lombardy from 1749 to 1859. This site is maintained by the Ministero per i Beni Culturali of the Regione Lombarda, which has created a portal on the cultural history of Lombardy. The Codice diplomatico della Lombardia medievale (secoli VIII-XII) is one of the largest projects for the digital edition of medieval charters, and remarkable for including such early charters.

One of the quickest and most update ways to find information about online projects concerning the history of Milan, Lombardy and the whole of Italy is the blog Bibliostoria maintained at the Biblioteca delle Scienze della Storia of the Università degli Studi di Milano.This library has also created a special Bibliostoria Web Resources database and a separate catalogue for women’s history. From the blog and the database I can choose almost at random several announcements about relevant projects. Recently the twenty volumes of the Corpus Nummorum Italicorum have been digitized. The very word Corpus reminds me not to forget the digital version only recently launched of the Corpus Inscriptionum Latinarum at Berlin, where you will find Roman inscriptions from Italy partially ordered by region.

The Archivio di Stato di Milano has created an online version of their exhibition commemorating 150 years of Italian unity in 2011, Itali siam tutti, un popol solo. The Atlante dei Catasti Storici e delle Carte Topgraphiche di Lombardia is a special website of the Archivio di Stato at Milan with historical tax registers and maps, where you will also find materials from the Veneto. You can combine your research here with information from Territori, a similar website covering all Italy. The state archive of Milan is present, too, at the portal site for culture in Lombardy, LombardiBeniCulturali. On this portal La memoria degli Sforza presents a digital version of the first sixteen registri of Francesco I Sforza (1450-1466) with a useful bibliography.

At the Castello Sforzesco in Milan you will find the Archivio Storico Civico and the Biblioteca Trivulziana. The link here brings you to many more links of cultural institutions in Milan, and I would single out the portal Storia di Milano. At the website for the Civiche Raccolte Storiche you can also find the Museo del RisorgimentoDigatimi is a digital library on Milan with literary works, including chronicles of Milan’s history. The portal LombardiBeniCulturali gives you short but good general overviews of the history of Lombardy, and provides you with information about institutions which preserve and present Lombardy’s history and cultural heritage. Bibliostoria mentions the bibliographical database of the library of the Senato della Repubblica in Rome where you can search for old works concerning Italian local and regional bibliography in the Fondo Antico di Storia Locale. At a server of the University of Naples you will find a database on the canons of the principal collegiate churches in Lombardy during the Sforza era; this project belongs to the Reti Medievali initiative.

The websites dedicated to the history of Milan and Lombardy should in no way diminish the role of general portals, websites and online projects for Italy. If you execute a search for Milan at InternetCulturale you will have to filter the many thousands results you get.

With this post I hope to have ended this year’s summer pause in a rewarding way. I look forward to resume writing about many subjects which all touch in one way or another the rich territories of legal history.

Earlier posts in the series Centers of legal history

Starting with the post on Paris I offer for each town also a general guide to research institutions in the fields of history and legal history. The post concerning medieval canon law and the recent congress in Toronto belongs in a way also to this ongoing series.

Crossing many borders: the study of medieval canon law

When I started my blog in 2009 this happened not only because I wished to do so, but also in answer to the very question how to blog about legal history. The question came from the Stephan-Kuttner-Institute of Medieval Canon Law (IMCL) at the University of Munich. Since 1996 this institute is housed at the Leopold-Wenger-Institut für Rechtsgeschichte. One of the earliest posts in my series Centers of legal history centered around both institutions.

Stephan Kuttner and the modern study of medieval canon law

The IMCL is a creation of the late Stephan Kuttner (1907-1996). Kuttner was born in Bonn. He studied law in Berlin. His family was originally Jewish, but they had converted to Lutheranism. After his promotion in 1930 Kuttner was refused the opportunity to do research for a Habilitationsschrift at any university in the German-speaking world. Kuttner left Germany and was during a few years able to teach at the Lateran University, and to do the research for two studies which altered the study of medieval canon law radically, a model study on the canon law theory of guilt and a repertory of manuscripts with medieval canon law texts. Eventually Kuttner had to leave Italy and succeeded in 1940 in entering the United States. He taught at the Catholic University of America in Washington, D.C., at Yale University since 1964, and finally from 1970 onwards at the University of California at Berkeley, where he became one of the directors of the Robbins Collection at Boalt Hall, Berkeley’s law school. In 1955 Kuttner founded the IMCL.

In the sixties Kuttner and Gérard Fransen from the Université Catholique de Louvain decided to organize an international congress for the field of medieval canon law. The first congress took place in 1963 at Boston College. In 1968 the university of Strasbourg hosted the second congress, and in that year it was decided to organize the congress every four years, with the venue alternating between Europe and America. From August 5 to 11, 2012, the University of Toronto hosted for the second time – 1972 was the first time – this congress, the fourteenth of a distinguished series. Andreas Hetzenecker used the resources of the IMCL to write a study about Kuttner’s early years in America and his scholarly role for the multidisciplinary field of medieval canon law, Stephan Kuttner in Amerika 1940-1964 : Grundlegung der modernen historisch-kanonistischen Forschung  (Berlin 2007). Kuttner ranks with other brilliant German scholars such as Erich Auerbach and Richard Krautheimer, Fritz Stern, Paul Oskar Kristeller and Erwin Panofsky, Ernst Kantorowicz and Hermann Ulrich Kantorowicz, and many others who had to flee from Germany in the face of the Nazi regime.

Languages and medieval canon law

Logo ICMAC

Both the IMCL and the series of congresses are supported by a society with a Latin and an English name, Iuris Canonici Medii Aevi Consociatio or International Society of Medieval Canon Law, which should not surprise you in view of the language of many sources concerning medieval canon law. When you look at the book titles in the online catalogue of the library of the IMCL you will find works in many languages which is a faithful reflection of the worldwide community of scholars studying medieval canon law.

Quite recently Dante Figueroa wrote for In Custodia Legis, the blog of the Law Library of Congress, a guest post on medieval canon law with at its center the edition of the proceedings of the 2008 congress on medieval canon law at Esztergom. The author evidently was surprised not only by the uncut pages of the proceedings published by the Biblioteca Apostolica Vaticana in 2010, but also by the very fact of scholars publishing in a wide variety of languages on a subject which in itself has so many sides. I added a comment to this post mentioning this year’s congress in Toronto, and the fact that the first see of the Institute for Medieval Canon Law was in Washington, D.C., more precisely at the Catholic University of America, where the webpages of Kenneth Pennington remain one of the earliest and most informative pages on the study of medieval canon law.

I always feel slightly disappointed when links in the often very interesting posts at In Custodia Legis lead you only to the venerable Encylopedia Britannica. However, Figueroa has taken the trouble of searching for online information sometimes far away, but he could have found much online in Washington, too. If someone of the fine blogging team at the Library of Congress would take the trouble to add the category canon law to all relevant and often revealing posts at In Custodia Legis they would save anyone interested some time in finding them… Anyway, I am most willing to admit that the post by Figueroa made me think about addressing the subject of languages and medieval canon law.

Medieval canon law in Toronto

When starting this post I soon realized that Toronto would surely qualify for inclusion in my series on centers of legal history. Writers’ received wisdom says you should not mix up things too much in one story, and I confess to a strong tendency to put too much of a good thing in one post. Let’s therefore opt for the best of two worlds and just refer to the Toronto institutions involved in the 2012 congress. The Centre for Medieval Studies is the first to mention. I am intrigued by the references to research projects on the Florentine monte and on Beneventan script, but the website of the CMS does nor bring you directly to more information about them. Among the scholars doing research in legal history one can point to Alexander C. Murray and Giulio Silano. At present Lawrin Armstrong is the editor of the series Toronto Studies in Medieval Law. Medievalists all around the world turn to the well-known series with sources in translation, the Toronto Medieval Texts and Translations.

The second institution at Toronto was the venue of the congress – which incidentally I had liked very much to attend – St. Michael’s College, which can boast Marshall McLuhan, Etienne Gilson and Jacques Maritain among its former teaching staff. The third institution is the Pontifical Institute of Mediaeval Studies (PIMS). To honour the memory of Leonard Boyle O.P. (1923-1999), for many years not just a renown palaeographer and codicologist but also a scholar working in the vast territory of medieval canon law, a chair with his name has been founded. The sheer width of his scholarship and his interest in modern technology is mirrored in the Internexus part of the PIMS website which amounts to a full-scale portal for medieval studies online. Here Boyle’s motto taken from Hugh of Saint Victor’s Didascalicon should serve as a reminder that you will never look in vain for something to learn which will help you to understand the medieval world at large and medieval canon law as one of its essential components. The PIMS has its own series of publications, including the journal Medieval Studies and the Mediaeval Sources in Translation. Legal history and medieval canon law are among the subjects of the publications. The PIMS is home to the project Monumenta Liturgica Beneventana in which Roger E. Reynolds takes account of medieval canon law.

Blogging about legal history

In my blog roll I try to present as many relevant blogs for legal history as I can. My collection is surely not complete, but at least many countries and languages are represented. Returning briefly to the opening of this post where I told about the impulse I received from Germany in 2009  it is only quite recent that German scholars have started embracing this medium. Klaus Graf is probably the best known pioneer, if not the very godfather of German history blogs. He started his Archivalia blog in 2003. The German branch of the French Hypotheses blogging network was officially launched during a symposium Weblogs in den Geisteswissenschaften in Munich on March 9, 2012. At de.hypotheses.org you can now find 23 German scholarly blogs, including a new one edited by Klaus Graf with references to reviews of recent studies on Early Modern history, the Frühneuzeit-Blog der RWTH. Graf wrote a very substantial paper for this meeting, with many links to blogs on history instead of traditional German footnotes, and a picture of a hilarious game in which you will win by noticing as many stock prejudices against the use of Internet as possible. It is no incident that the Deutsches Historisches Institut in Paris and its librarian Mareike König have taken a lead in getting German scholars to create blogs and to use Twitter.

As for blogging about canon law by a Dutchman, this should not surprise you anymore at the end of a post where linguistic borders are just one of the frontiers to conquer when studying medieval canon law. A recent inquiry from the United States made me think again about the importance and afterlife of medieval ecclesiastical law, and I hope to add soon some pages to my website to show this in more detail.

A postscript

In a comment Anders Winroth (Yale University) announces the return to New Haven of the Institute of Medieval Canon Law in 2013. Some of the contributions to this year’s congress at Toronto are the topic of recent posts at Medievalists.

A mosaic of digitized medieval legal manuscripts

On this blog the twin brother of the walking historian is the armchair historian, comfortably seated at his desk in front of a computer screen, with access to a multitude of digitized sources online. Among these sources medieval legal manuscripts, too, are present. The ability to see a source in its original form can be fascinating, although at the same time you need to know about old scripts to read and interpret them correctly. On my website for legal history I mention a number of websites with digitized legal manuscripts, both for medieval law as a general subject and more specifically for medieval canon law. Some of the websites indicated offer solely digitized medieval legal manuscripts. In this post I will look at two digitization projects at the Università di Bologna, Europe’s oldest university, where the teaching of law was for centuries at the very heart of the university.

Progetto Irnerio

Logo Progetto Irnerio

The first project to be discussed is the Progetto Irnerio in which the legal manuscripts at the Collegio di Spagna (Real Colegio de España) in Bologna have been digitized. The collection of manuscripts was started by cardinal Gil de Albornoz (1310-1367) who founded this college in 1364 and gave 36 manuscripts to the library of his new foundation. The college has illustrious people such as Ignatius of Loyola and Miguel Cervantes among its students. In 1992 a team of scholars published a detailed catalogue of the sizeable manuscript collection, I codici del Collegio di Spagna di Bologna, Domenico Maffei, Ennio Cortese, Antonio García y García, et alii (eds.) (Milan 1992) which stressed the rich value of the nearly 300 manuscripts for the study of the history of medieval and early modern law. In 2002 the CIRSFID, the center for the history of law, philosophy and sociology of law and legal information at the Università di Bologna, started the project for the digitization of these manuscripts.

On this project the images of the manuscripts can be viewed in two ways. Subscribers to the project get access to high-resolution images. The snag for non-subscribers is that even when you try to enlarge images the resolution is so low that they are almost useless. The registration includes the signing of a full contract with all kind of stipulations. A restricted number of images can be viewed freely, for anything more one has to pay. It creates the distinct impression one will get access to documents with a priceless value or at least value to create a considerable sum of money out of them. The project was founded with money stemming partially from a foundation created by a savings bank in Bologna, the Fondazione Cassa di Risparmio. The difference between the liberality with which information about the manuscripts is available and searchable at this project, and the strictness of the access to images which can be used for study is questionable.

Progetto Mosaico

Logo Mosaico

For the second project the same center at Bologna cooperates since 2008 with a number of libraries, initially with the Università di Roma Tre and the Università di Napoli, but now also with institutions outside Italy such as the Bayerische Staatsbibliothek in Munich and the ENRICH project for a European digital library of manuscripts, an offspring of Manuscriptorium. In the Progetto Mosaico you will find both descriptions of medieval legal manuscripts and a number of digitized relevant manuscripts. The number of manuscripts with images currently shown is surely not very high.

The first main difference between the Irnerio and Mosaico projects is the presentation of high quality zoomable images at the Progetto Mosaico. Progetto Mosaico offers immediately full access to the manuscript images after agreeing online with the terms and conditions of use. A second substantial difference is the grouping of the manuscripts around a number of subjects. Let’s look at the largest of these groups which focuses on the Authenticum, the medieval collection of Justinian’s Novellae. Not only the Digest but also these constitutions from the sixth century became the object or study only from the twelfth century onwards. At Mosaico 28 descriptions of manuscripts are given and their contents are compared. A further overview graphically shows the slow way the manuscripts with these constitutions were taken into account and described in the first half of the nineteenth century. For four manuscripts images are available (Angers, Bibliothèque Municipale, 333; Bologna, Biblioteca Comunale dell’Archiginnasio, A 132; Florence, Biblioteca Medicea-Laurenziana, sin.7 plu.9; Leipzig, Universitätsbibliothek, Haenel 5).

It is good to have here detailed descriptions of the manuscripts and the texts included in them. It reminds you the text of the Authenticum was transmitted together with other legal texts. Most of the manuscripts described here contain also glosses. In the study by Charles Radding and Antonio Ciaralli, The Corpus Iuris Civilis in the Middle Ages. Manuscripts and transmission from the sixth century to the juristic revival (Leiden, etc., 2007) the earliest medieval manuscripts of the Authenticum figure, too. One of the arguments Radding favors is to consider the possibility of new datations of these manuscripts. In the nineteenth century many manuscripts were ascribed a date which according to the modern knowledge about palaeography and codicology might strongly differ, a century or even more. In principle this could place the start of the renewed interest in Justinian’s compilations and constitutions much earlier, and also in other places. In order to localize and date manuscripts it is very useful to have them together. The online presentation of manuscripts held at many different cities across the world is a most welcome tool to facilitate such inquiries and to probe Radding’s hypotheses.

Among the other manuscripts presented at Mosaico is a focus on legal procedure. One of the results of the study by twelfth-century lawyers of the actiones in Roman law was the creation by Giovanni Bassiano of the so called Arbor actionum, the “Tree of Actions”, a kind of didactic scheme to explain the main differences between legal actions. On the Mosaico website the design of this tree is explained, and two different versions of it are presented. Images are provided from two manuscripts with the vulgate – most common – version, Bamberg, Staatsbibliothek, ms. Can 23, fols. 270v-271r, and Bern, Burgerbibliothek, fols. 61v-62r. A different version has been preserved in three manuscripts, of which Admont, Stiftsbibliothek, 234, fols. 179v-180r, and Bamberg, Staatsbibliothek, ms. Jur. 13, fols. 1v-2r can be viewed at Mosaico. The third manuscript, Leipzig, Universitätsbibliothek, 921, fol. 187v-188r, can be seen at Manuscripta Mediaevalia. In this section you will find also ample references to earlier literature about the arbores actionum.

Mosaico shows that medieval lawyers did not only know the arbores consanguinitatis et affinitatis, about which you can read in two recent blog posts, the first by Jolande Goldberg at In Custodia Legis, the blog of the law librarians of the Library of Congress, the second at Interfaces/Livres anciens de l’Université de Lyon. At this French blog a comment guides you to an online exhibition of the Bibliothèque nationale de France about the symbolic value of the tree in medieval thought with an analysis of the genealogical uses.

The other manuscripts presented at Mosaico concerning medieval legal procedure are Olomouc, Státni árchiv, C.O.40 with the Tractatus quaestionum attributed to Giuliano da Sesso, introduced and transcribed by Lucia Sorrenti, the author of Il “Libellus Quaestionum” di Giuliano da Sesso. Un giurista ghibellino a Vercelli (Messina 1992), and Prague, Knihovna Národního Muzea, XVII.A.10, with the glosses of Roffredus Beneventanus on the Codex Justinianus. For the manuscript Munich, Bayerische Staatsbibliothek, Clm 8011 an introduction and summary description is lacking. In fact only a part of this manuscript is shown (fols. 86r-107v) with quaestiones disputatae in iure canonico by Aegidius de Fuscariis and other jurists.

Presenting medieval manuscripts and texts

One of the interesting aspects at Mosaico is the use of different models for presenting the images and creating space for transcriptions and comments. This makes the project a kind of laboratory for editing manuscripts using online tools. In the absence of agreement among scholars about a general way of describing medieval manuscripts along standards which are also consistent with presentation online using XML, and dealing with both data and meta-data concerning manuscripts, any initiative showing different approaches for one very wide manuscript genre is valuable in itself. The model Susa – after Henricus de Segusio (1190/1200-1271), often nicknamed Hostiensis because he ended his life as cardinal of Ostia – is a simple database for searching manuscripts, with for now perhaps not enough data to consider its functioning properly. The model San Pietroburgo presents data and meta-data in a series of windows with information for each manuscript page.

The model with the tempting name Processo di Satana offers a viewer in which you can compare two manuscripts and add comments and transcriptions. In the late Middle Ages several texts presented the story of a trial of the devil against God claiming human souls. These treatises offer a kind of nutshell guide to forms of procedure at court, and at the same time also a guide to a number of theological matters. At Mosaico you will find the Processus Sathanae contra genus humanum ascribed to Bartolo da Sassoferato (1313-1357). The manuscript tradition of this treatise is the subject of another section, which alas is not complete, but at least you will find an introduction and a provisory list with 43 manuscripts. The list is certainly not complete, but has the distinct merit of noticing the context of the transmission in both juridical and theological manuscripts. You can view images of four manuscripts of Bartolus’ text. Readers of an earlier post here might remember that Bartolus’ treatises have been preserved in many manuscripts. The fourth model Bertram offers images, a classic transcription and commentary by Martin Bertram of the manuscript Montecassino 266 of Goffredo da Trani’s Apparatus decretalium, one of the earliest and most original commentaries on the Liber Extra, the major official decretal collection published in 1234.

It is only fair to indicate that Mosaico offers the result of work in progress. At some turns there is little to desire, at other points progress seems to have halted soon after the start. It is certainly thoughtful of the makers to present the manuscripts from the Biblioteca Comunale dell’Archiginnasio in Bologna also in a separate section, but here, too, an introduction is lacking. Ms. A 34 contains the Processus Sathanae. Ms. B.1484 presents the text of Salatiel’s Ars notariae. Ms. B.2794 and ms. B.2795 are both manuscripts with various legal texts which again are concerned with legal procedure. The first has for example the Margarita legum of Alberico Galiotti, quaestiones by Azo and the Libellus questionum of Pillius and a Summula de libellis formandis atrributed to Salatinus. The second manuscript offers a Libellus de ordine iudiciorum ascribed to Pillius, Guido de Suzaria on the same subject, the Tractatus de summaria cognitione by Giovanni Faseoli, and a number of texts without a clear attribution. The best modern starting point for research on these two manuscripts is no doubt the study by Linda Fowler-Magerl, Ordo judiciorum vel ordo judiciarius. Begriff und Literaturgattung (Frankfurt am Main 1984). The genre of the quaestiones is one of the subjects dealt with by Annalisa Belloni, Le questioni civilistiche del secolo XII: Da Bulgaro a Pillio da Medicina e Azzone (Frankfurt am Main 1989), and in the proceedings of a symposium, Die Kunst der Disputation. Probleme der Rechtsauslegung und Rechtsanwendung im 13. und 14. Jahrhundert, Manlio Bellomo (ed.) (Munich 1997).

A summary of the contents of the twin manuscripts B.2794-2795 is also to be found in the catalogue of the microfilms held at the Istituto di Storia del Diritto Italiano, Sezione di diritto medievale e moderno, in Milan. For medieval manuscripts in Italy one can use online BIBMAN, the Bibliografia dei manoscritti in alfabeto latino conservati in Italia, which helps you finding literature on specific manuscripts, MANUS, the Censimento dei manoscritti conservati in biblioteche italiane, a general database for Italian manuscripts, the Nuova Biblioteca Manoscritta database for manuscripts in the Veneto, and Codex, the Inventario dei manoscritti medievali della Toscana, yet another database for manuscripts. For Lombardy a comparable censimento exists, to mention only the largest regional projects and those projects most relevant for legal history. However, musical manuscripts and Greek palimpsests (Rinascimento Virtuale) are certainly not forgotten in Italy, and you can find more projects in this list at the Scuola Normale Superiore di Pisa and at the portal Internet Culturale. The Vatican Library is anyway in a class of its own, and this is certainly the case for its manuscripts. Searching for manuscripts in Italy bearing a date is possible online with the online version of Manoscritti Datati d’Italia.

Bologna, Alma Mater Studiorum

Logo Università di Bologna

Near the end of this post it is clear that at Mosaico the door is wide open for studies in the field of medieval legal procedure. The models for presentation merit close scrutiny and further elaboration. The doors of the Progetto Irnerio remain much more closed, an alluring treasure vaguely visible from outside. It is time to put my findings in a perspective, first on the level of medieval legal manuscripts, secondly in the context of other Bolognese libraries and their services.

How do both projects compare with other websites and presentations devoted solely or partially to medieval legal manuscripts? Illuminating the Law is a fine online exhibition of beautiful medieval juridical manuscripts at the Fitzwilliam Museum, Cambridge. However, the exhibition shows only twenty images, almost exclusively from canon law manuscripts. The first images show the tree of consanguinity (Decretum Gratiani, ms. 262, fol. 71r) and the tree of affinity (ms. 262, fol. 71v). From a manuscript with the Volumen parvum which contains Justinian’s Institutiones and the Authenticum (McClean 139, fols. iv-iir), the arbor actionum is shown. Penn in Hand, the gallery of digitized manuscripts at the libraries of the University of Pennsylvania, contains a number of medieval legal manuscripts and records among a very large selection. The UPenn libraries offer only very short descriptions of these manuscripts. The Saint Laurentius Digital Manuscript Library of Lund Universitet, too, contains a number of legal manuscripts, with a full description of all 77 digitized manuscripts. Both Scandinavian law, and texts on Roman and canon law are present. Using the various websites which present illuminated medieval manuscripts one can easily find more images of the legal trees mentioned here.

Libraries and others institutions in Bologna offer more besides the Progetto Irnerio and Progetto Mosaico. The Biblioteca Universitaria has much to offer, including a substantial number of online databases. The link collection gives due attention to legal websites in Italy. In ALMA@DL, the digital library, a whole section is devoted to digitized historical works, AMS Historica. A digital version of the Corpus Iuris Civilis in the edition Lyon 1556-1558 is its showcase. The historical catalogue of the university library has been digitized for the Cataloghi Storici project of the Biblioteca Digitale Italiana. The university’s Archivio Storico is worth attention, too, with historic photographs and its online database in which you can find diplomas, charters, medals and much more. The various colleges are not forgotten, with for example the Collegio Jacobs, nowadays the Collegio dei Fiamminghi.

Bologna is home to more archives. The largest institution is the Archivio di Stato di Bologna (ASB), which has also its own Scuola di archivistica, paleogafia e diplomatica. Among the digitized sources is the Liber Paradisus, a register about the liberation of nearly six thousand slaves at Bologna in 1257. Together with the Centro Gino Fasoli per la Storia delle Città the ASB has created a digital version of the Estimi di Bologna di 1296-97, records estimating the properties of Bolognese citizens. After online registration you get immediate access to the original documents and further information on them, including an overview of similar records, a guide on the structure of the estimi and a bibliography. The Archivio Comunale di Bologna is the city archive. It participates in the initiative of a number of European municipal archives, Evidence! Europe reflected in archives. Other archives include the Archivio Storico Provinciale di Bologna and the Archivio Generale Arcivescovile.

Logo Archiginnasio

At Bologna the Biblioteca Comunale dell’Archiginnasio is really a jewel in the crown for everyone looking for old printed books and manuscripts. The library has several special catalogues online - for example for seventeenth and eighteenth century printed books – and a full overview of its collections. Archiweb, the digital library, presents a wealth of varieties of which I can hardly make a choice for a shortlist: the Bibliografia bolognese (1888) by Luigi Frati, the Raccolta dei Bandi Merlani with 22,000 digitized decrees and other legislative documents for Bologna from the sixteenth to the nineteenth century, Il Blasone Bolognese, a database with heraldic images created between 1791 and 1795, and FACIES, 10,000 digitized portrait images, are just some highlights you might want to look at when you are going to study Bologna’s legal history. Among the online exhibitions I would like to mention Nascità di una nazione on the Risorgimento period and the creation of a unified Italy.

If you would like to search for medieval lawyers in one of Bologna’s museums, the Museo Civico Medievale, one of the four Musei Civici d’Arte Antica, would certainly live up to your expectations thanks to the collection of medieval tombs, sculptures and inscriptions. In order to find more museums, archives and libraries in Bologna and in the region around Bologna you should benefit from the online guides provided by the Provincia di Bologna. The only institution without a website which nonetheless deserves at least mention here is the Deputazione di Storia Patria per le Provinze di Romagna.

With a comparison of two projects at Bologna presenting medieval manuscripts, reference to some projects elsewhere, and two nutshell guides, both for manuscripts in Italy and for archives, libraries and some museums in Bologna this post has become rather long. It is almost too much of a good thing, but I am sure you will find something of interest. Perhaps the very length of this post is fitting when you write about medieval Bologna. The town had two nicknames, La Dotta, the learned, and La Grossa, the fat one. It’s for you and your taste to file this post in the appropriate category!

Centers of legal history: Graz

Where to look for a new city for inclusion in the series Centers of legal history? While working on other posts the Austrian city of Graz came into view. Not only the department for legal history of the Universität Graz will be presented here, but some other institutions in Graz as well.

Legal history at Graz

Logo Universität Graz

At the Karl-Franzens-Universität Graz the law faculty has two institutes for legal history, first the Institut für Österreichische Rechtsgeschichte und Europäische Rechtsentwicklung [Austrian legal history and Development of European Law] and the Institut für Römisches Recht, Antike Rechtsgeschichte und Neuere Privatrechtsgeschichte [Roman Law, Ancient Legal History and History of Modern Private Law]. The websites of both institutes give mostly information about the teaching program, not about the research conducted at Graz. An icon suggests the presence of an English version but this does not show up. However, by checking individual staff members, both now and in the past, you will find information about their research. In fact the overview of activities in 2010 and 2011 is very useful.

At the department for Roman law Evelyn Höbenreich is a member of the LEDA network for gender studies and Roman legal tradition. Johannes Pichler launched in 2005 the website Europa zwischen Unrecht und Recht [Europe between Legal Abuse and Law], with articles and videos on legal developments in a number of periods in European history. Here law is seen as the most unifying element of Europe’s very existence. Markus Steppan is the moderator of the Politik Cafe at the Café Sacher, a monthly series of debates on politics, law and society. This activity is held by the Centre for Society, Knowledge and Communication which is affectionately called “die siebente Fakultät”, the seventh faculty. Martin Polaschek, another legal historian, leads this program, and is also responsible for the series Justiz und Gesellschaft [The judiciary and society] which brings this year a series of lectures on trials in Poland, Germany and Austria against crimes committed in concentration camps during the Second World War. A number of these trials has been held in Graz.

In 1996 the Association of Young Legal Historians held its third meeting at Graz. Not only the younger generation is very active. Perhaps the best-known legal historian at Graz is Gernot Kocher. Apart from his teaching and research on more common themes he is one of the most active scholars in the field of legal iconography. One of his efforts is the Rechtsikonographische Datenbank [Legal Iconography Database], not only the first but still one of the very few databases in this field in open access. in 1992 he published Zeichen und Symbole des Rechts : eine historische Ikonographie (Munich 1992). He is one of the editors of the volume Römisches Rechtsleben im Mittelalter. Miniaturen aus den Handschriften des Corpus iuris civilis (Heidelberg 1988). Together with Dietlinde Munzel-Everling he wrote the commentary (Kommentarband) to the facsimile edition Sachsenspiegel : die Heidelberger Bilderhandschrift Cod.Pal.Germ. 164 (Graz 2010). The publisher of this book is well known for its facsimiles and reprints of scientific monographs and source editions, with due attention to works for legal history. With Heiner Lück and Clausdieter Schott Kocher edits since 2008 the journal Signa Ivris. Beiträge zur Rechtsikonographie, Rechtsarchäologie und rechtlichen Volkskunde, the continuation of the earlier Forschungen zur Rechtsarchäologie und rechtlichen Volkskunde (1978-2007). The addition of legal iconography to the title of this journal is significant.

Kocher published also about the first Austrian professor of criminology Hans Gross (1847-1915). Gross’ collection of objects is the core of the Hans-Gross-Kriminalmuseum of the Universität Graz. It is again Kocher who took the initiative for an exhibition in 2011 at the university museum of Graz on the unification of law by the Habsburg emperors. The committee for university museums and collections of the ICOM lists nine collections at Graz, including a collection on forensic medicine.

Looking for more at Graz

Other institutions at Graz deserve mentioning here. The Universitätsbibliothek Graz was probably the first to launch an online version of its catalog of medieval manuscripts. A number of manuscripts has been digitized in a digital library. It is no surprise, but certainly a useful service to find even an online bibliography of manuscripts in facsimile editions, in which you can search freely but also for locations. Clearly the presence of the firm referred to above has proved to be a stimulus for scholars to study both manuscripts and images. You can also view a presentation of the 42 papyri held at Graz. The university library in Graz participates in the Österreichische Verbundkatalog der Nachlässe, Autographen und Handschriften, the Austrian national catalogue for literary papers, autographs and manuscripts.

Graz is also home to the Steiermärkische Landesbibliothek with for example the Munzinger Archiv with some 27,000 biographies, and digitized catalogues for a number of historic Austrian libraries. The Steiermärkisches Landesarchiv holds many archives from the region. I would like to single out the monastic archives of such famous monasteries as Admont and Vorau. It is helpful to be aware, too, of Kirchenarchive, a consortium for ecclesiastical archives in Austria. No archives held at Graz are represented in the Monasterium project for the online presentation and edition of medieval charters. When you think all this is much too serious you might consider visiting the Österreichisches Kabarettarchiv, the archive for the history of cabaret and satire in Austria. Culture in its widest sense is also present at the host of museums under the aegis of the Universalmuseum Joanneum. Graz seems to have a particular sensibility for visual perception. The Museum der Wahrnehmung is a museum for modern art which is even dedicated to the art of perception.

I will not exhaust any longer those readers waiting for an explanation why Vienna is not mentioned in this post. You could have guessed I would eventually not forget the Austrian capital, because Café Sacher already figured in this post. It is at Vienna that this year’s Annual Forum of the AYLH will be held. It is the Wiener Rechtsgeschichtliche Gesellschaft which gives a fine overview of weblinks on Austrian legal history. The Kommission für Rechtsgeschichte Österreichs of the Austrian Academy of Sciences will guide you on its website to even more. In the near future the Universität Wien will take over this institute. Apart from all scientific institutions, the cultural ambiance of Vienna needs no laurels. Graz does merit attention for its own qualities, and hopefully enough has been shown here to give you a more or less rounded picture of legal history in this city.

Earlier posts in the series Centers of legal history

Centers of legal history: Edinburgh

Centre for Legal History, Edinburgh

The longest running series of posts here is concerned with centers of legal history. After a long break I will continue this series, starting at Edinburgh. The Centre for Legal history at the University of Edinburgh, founded in 1992, offers a many-sided program to its students. The research done by its staff concerns several main themes of legal history, in particular Roman law and law in Classical Antiquity in the interdisciplinary network Ancient Law in Context. A university in Scotland gives of course due attention to Scots law and Scottish legal history.

The staff of the Centre publishes some of its research results in the Edinburgh Studies in Law. One of the latest volumes edited by John Cairns and Paul du Plessis, The Creation of the Ius Commune: From Casus to Regula (Edinburgh, 2010) has been presented here in a comparison of two volumes of essays introducing medieval law. Apart from Cairns and Du Plessis W.H.D. Sellar and Hector MacQueen are the other staff members of the Centre. MacQueen blogs with Scott Wortley on Scots Law News, and he is also a member of the team behind the blog for European Private Law News. It is interesting to note Sellar’s activity as the Lord Lyon King of Arms, the official heraldic authority in Scotland with responsibility for State Ceremonial in Scotland. A King of Arms is the main herald of a region or country.

On its website the Centre – notice the British spelling! – provides easily accessible information to its activities and its research. Every year a substantial number of lectures and other events is organized. The Legal History Discussion Group is one of the key elements in the yearly schedule of activities. For the annual Peter Chiene Lectures, held in memory of Peter Chiene, scholars from all over the world are invited. All this is crowned by a fine selection of links. The legal historians at Edinburgh have their own blog, edited by John Cairns and Paul du Plessis, with very regular postings, and they are also active at Twitter to provide you the latest news in legal history. The website of the Edinburgh Law School features among the podcasts also lectures on aspects of legal history. You can look in particular at or hear several lectures given during the 2007 Tercentenary of Edinburgh Law School.

Law and history in Edinburgh

The Centre for Legal History at Edinburgh is part of the School of Law at the University of Edinburgh. The Law and Europa Library is located in the Old School, home to the School of Law. Apart from the Main Library of the university it is good to be aware of the Scottish Studies Library. The University of Edinburgh has a number of virtual image collections, none of them specifically dealing with legal history or Scots law. Charting the Nation: Maps of Scotland and associated archives, 1550-1740 is probably the one with the most immediate interest for legal historians. Both the popular and scholarly imagination of Scottish and medieval history have been fueled and inspired to considerable extent by the writings and activities of Sir Walter Scott (1771-1832). The University of Edinburgh has a digital archive on him. The Edinburgh University Archives have created an online database for the alumni of this university. As for now substantial periods and indeed whole faculties and schools are not yet dealt with here.

In Edinburgh the National Library of Scotland has many things to offer to scholars. Just looking briefly at the wealth of presentations in the Digital Gallery brings you for example to maps of Scotland, including the 1654 Atlas of Scotland by Blaeu, Jacobite prints and broadsides – which could have figured in the recent post on riots – and the digital collection The Word on the Street with more broadsides, and these I did notice in my July post on ballads and broadsides. The Early Gaelic Book collection is worth mentioning, too, as is Scottish History in Print with digitized editions from the publications of a number of historical societies, and a number of transcriptions of historical documents. A Guid Cause…: The women’s suffrage movement in Scotland is a digital collection for educational purposes on the history of Scottish suffragettes. Among the manuscripts and collections at the NLS one should notice not only manuscripts, but also estate papers.

For images alone it is useful to turn to the project Scotlands Images. The online collection of the National Galleries of Scotland can bring you to portraits of Scottish lawyers. For searching in this database you can use the taxonomy of the Art & Architecture Thesaurus created at the Getty Institute.

The National Archives of Scotland in Edinburgh have as one of its particular strengths on its website the series of guides to several genres of historical records. Sources for legal history take pride of place here. Another service is the online introduction to the palaeography of Scottish documents. The NAS contribute also to the website Scottish Documents where you can find in particular digitized wills and testaments, most easily searched, however, at the website Scotlands People, with also census records and coats of arms. For Scottish charters and their presence online you should benefit from this links selection provided by Glasgow University, a reminder that you do not have to look exclusively at Edinburgh. My own selection of links for Scottish legal history can bring you more, but for seeing a wider context it is wise to visit first the selection of legal history links at the website of the Edinburgh Centre for Legal History.

The series Centers of legal history

Centers of legal history: Paris

Perhaps writing about historical research in Paris is bringing coals to Newcastle. Is there any real need for yet another attempt to bring information together? If you want to study France and French legal history you will be able to read French. If you are convinced French scholars have said all you would like to know, just skip this post, I will not feel offended… The Portail Numérique de l’Histoire du Droit and Paolo Alvazzi del Frate’s blog Storia giuridica francese-Histoire juridique française are two of the safest points of depart for any research into French legal history, but you will soon admit they do not focus in particular on institutions in Paris.

A month ago I could point in a post on French customary law to a useful guide to legal history online created by the Bibliothèque Cujas, and it is certainly wise to use it. For the legal history of medieval France you can start visiting Ménestrel, in particular for the great sections on auxiliary historical sciences, such as diplomatics, palaeography and sigillography which are each models of its kind, as is the section on cartularies. However, the section Histoire du droit contains only a few links, albeit with full commentaries, and a few book reviews. An earlier version of Ménestrel had a section on medieval canon law, but now there is only a paragraph on the ecumenical councils in the section on religious history. The section on France offers a useful overview of institutions, libraries, archives and museums relevant to French medieval history. In this post I will give slightly more attention to medieval history than to other periods. I hope this will not be an obstacle to seeing the core of this post, Paris as a center for doing legal history.

Centers for legal history

Where to start in Paris? In view of the high degree of centralization in France the Centre National de Recherche Scientifique (CNRS) has a claim to take the first place. Its Institut d’Histoire du Droit (IHD) is associated with the Université Panthéon-Assas Paris-II and the Centre Historique des Archives Nationales. This spring the IHD offers a seminar led by Isabelle Brancourt on the history of the French parlements, the regional high courts, and royal justice during the Ancien Régime in an European perspective. Isabelle Brancourt blogs regularly about her research on the Parlement de Paris. At its website the IHD offers access to a large number of databases, starting with the DRoits ANTiques bibliography on ancient law. Most databases are concerned with the French judiciary. The oldest records, registers from the archives of the Parlement de Paris, can be tracked down with the help of the Olim database, an index to the registers of verdicts of the royal court between 1254 and 1319. Similar indices are provided for the fourteenth and fifteenth century, for the parlement during its period at Poitiers (1418-1439) and Tours (1589-1592), and for the parlement criminel between 1311 and 1328. The edition by Auguste-Arthur Beugnot, Les Olim, ou registres des arrêts rendus par le Cour du Roi (…) (4 vol., Paris 1839-1848) can be consulted online at Gallica. At the Hathi Trust Digital Library you can find the volume edited by Edgard Boutaric, Arrêts et enquêtes antérieurs aux Olim, 1180-1254 (Paris 1863). The IHD has microfilms of relevant manuscripts and further materials concerning French royal jurisprudence, including a refined thesaurus for defining the character and subjects of cases, and a bibliography of publications concerning the Parlement de Paris.

A second centre at the Université Panthéon-Assas Paris-II is the Centre Sainte Barbe. This center is host to the Institut de Droit Romain and its famous series of Friday lectures during every winter and spring by scholars from all Europe. Its building house also a library, the Bibliothèque Sainte Barbe. More lectures, seminars and workshops in Paris are announced by the Société d’Histoire du Droit, also seated at the Place du Panthéon. Apart from the Bibliothèque nationale de France Paris can boast a number of important libraries. Legal historians will find much at the Bibliothèque Cujas of the Université Sorbonne Paris-I. This library maintains Jurisguide, a special site with online guides to many fields of law and jurisprudence, including legal history. Some books in its rich holdings have been digitized in its own digital library, with not only French publications but also editions for medieval canon law. The online exhibition on the bicentenary of the Code civil (1804-2004) amounts to a short introduction to French legal history. Among the Parisian centers devoted to the study of modern legal history is also the CERAL, the Centre de Recherche sur l’Action Locale of the Université Paris-XIII. Slavery and its history get attention at a CNRS institute, the Centre International de Recherches Esclavages. Criminocorpus, the platform for the study of the history of justice, crimes and punishments, is another major project in which CNRS, the Centre d’Histoire des Sciences Po, the Ministère de la Justice and the Archives nationales de l’outre-mer cooperate.

Medieval canon law

Medieval canon law is one of the areas of interest at the Centre Droit et Sociétés Religieuses of the Université Paris-XI, Faculté Jean Monnet. This center, too, has its own library. François Jankowiak is responsible for GREGORIUS, an international bibliography for the history of medieval canon law. Even at home you can benefit from their list of works on medieval canon law and medieval religious institutions digitized by Google Books or presented at Gallica. Both for the history of canon law and for modern ecclesiastical law the Institut Catholique de Paris has a special library, the Bibliothèque de la Faculté de Droit Canonique. Here it is appropriate to mention the Deutsches Historisches Institut Paris and the ongoing work for Gallia pontificia, the edition of medieval papal documents in France.

The old libraries and manuscripts

Let’s not forget the old libraries in Paris: the Bibliothèque Mazarine has rich holdings for the Ancien Régime. Among the digitized treasures is one of the mazarinades, the various texts from the turbulent period of the Fronde in which the policies of cardinal Mazarin were often criticized. The illuminated medieval manuscripts of this library and those of the Bibliothèque Sainte-Geneviève can be consulted at the Liber Floridus website. The Bibliothèque Sainte-Geneviève has for the Fonds Général its own digital collection in the Internet Archive. For the Réserve there is a digitization plan for the incunables, and La Nordique, the Scandinavian department, deserves at the very least a mentioning for its 160,000 books. Speaking of manuscripts, the Bibliothèque nationale de France has its own special website for searching manuscripts, which also covers the former Bibliothèque de l’Arsenal. Your research for manuscripts in Paris can be reinforced by the search functions of the Catalogue collectif de France. Calames, the collective manuscript catalogue of French institutions for higher education, searches for manuscripts in eighteen (!) other Parisian libraries.

Archival records

The French national archives are busy building a third center at Pierrefitte-sur-Seine. The importance of these archival collections is beyond question. The ARCHIM database of the Archives nationales contains a wealth of digitized archival records. A few examples will have to suffice, such as the records of the 1307 interrogation concerning the Templars (J 413, no. 18) and registers of the French royal chancellary during the thirteenth and fourteenth century, a small set of key documents concerning the French Revolution and constitutions from 1791 to 1958. You will soon see that many of the sources mentioned for example in the online database guide to the history of slavery and its abolition are to be found at the Archives nationales. The municipal archives of Paris are certainly as interesting. It is not possible to make a short list of the many judicial archives of this city, including the records of several prisons. Among their digitized sources are the pre-1860 cadastral plans of Paris and annexated comunes.

Other research institutions

Approaching the great institutes for historical research means again posing the question of priority: with which institute should you begin? Fortunately legal history, and more specifically institutional history and the auxiliary historical sciences have been at the heart of the École nationale de Chartes (ENC) since its start in 1821. The ENC has been the model for institutes of its kind in Europe. The ENC, too, has an important library, with its own small digital library. Almost embarrassing is the series of websites with digitized sources: the ELEC presents such things as eight digitized cartularies from the Île-de-France, accounts of the consuls of Montferrand, a bibliography of studies on French diplomatics, a formulary book for notaries from the fifteenth century, the Edict of Nantes and earlier pacification edicts, and charters of the royal abbey of Saint-Denis. The digitized version of Ducange’s Glossarium infimae et medii latinitatis rightfully has its own website. Through the TELMA website you can gain access to actes royaux, the Cartulaire de Nesle, to CartulR, an online repertory of medieval cartularies, to editions of charters dating before 1121 in French collections, enquêtes of the last Capetian kings, and to ordinances concerning the Hôtel du Roi. In 1839 the ENC founded one of France’s oldest historical journals, the Bibliothèque de l’École des Chartes. Old issues of this journal can be consulted online at Persée.

The École des Hautes Études en Sciences Sociales (EHESS) is home to a large number of équipes of which at least some do touch upon legal history. I would single out GAHOM, the Groupe d’anthropologie historique de l’Occident Médiéval, founded in 1978 by Jacques Le Goff and led by Jean-Claude Schmitt since 1992. Human behavior in historical context is the research subject of this équipe, which has for instance studied medieval exempla for the perspectives these texts offer on exemplary behavior, and more implicitly about do’s and don’ts.

From GAHOM stems GAS, the Groupe d’anthropologie scolastique. A seminar on ecclesiology and politics has just been held, another seminar on concepts of hierarchy runs until April. Two members of this équipe, Charles de Miramon and Maaike van der Lugt edited an essay volume, L’hérédité entre Moyen Âge et Époque moderne. Perspectives historiques (Florence 2008), with contributions on hereditary law and heredity in its widest sense. Building on the pioneer research of Palémon Glorieux this research group has developed a database for searching theological quodlibeta from Paris in the period 1230-1350. After subscribing to Quodlibase you can find not only theological debates, but also some questions about legal problems. Norms and values and their development in time are the central themes of the well known Centre d’études des normes juridiques “Yan Thomas”. This centre regularly invites legal historians. Among the projects for databases and research tools at the Centre des Recherches Historiques of the EHESS one finds a project on the “Ars Mercatoria”, books on commerce and commercial law between 1700 and 1820, and a project on legal books in print from the fifteenth to the eigtheenth century.

Formally part of the École Normale Supérieure, but also a research group of the EHESS is the Atelier Simiand. One of its research themes are law and economic history. In the field of history the ENS cooperates with the ENC, and let’s not forget the libraries of the ENS: the Bibliothèque Jourdan-Sciences humaines et sociales and the Bibliothèque Ulm-Lettres et Sciences Humaines are worth noting. As an historian I have to mention the ENS’s Institut d’Histoire Moderne et Contemporaine. Among the online services is the bibliography of French history to 1958 and a bibliography of scientific works printed in Rome between 1527 and 1720. One of the projects is concerned with an edition of letters from the Archivo Datini in Prato. Seeing among the online exhibitions of the ENS an exhibition from 2006 on the Dreyfus affair, “Savoir et engagement”, reminds me of another very well documented online exhibition concerning Dreyfus – “1906 Dreyfus réhabilité” – created by Culture.fr which can be consulted in English, too.

Some breathing space…

The cornucopia of Paris has more in stock! Let’s notice halfway that I am very much aware that you can find more information in printed guides to resources for historical research in Paris. A quick check tells me most of them restricted themselves to clearly defined areas and periods, for example David Spear’s article ‘Research facilities in Normandy and Paris: a guide for students of medieval Norman history’, Comitatus 12 (1981) 40-53. If you use the World Guide to Libraries you will find perhaps too much, and on a site like Libdex not enough, at least not for Paris. Steering a middle course on the oceans of knowledge calls to mind a lot of famous quotes, including last words, and I had better wait until the end of this post before unveiling my choice.

…and continuing

With the Liber Floridus and TELMA websites we encountered in fact already the Institut de Recherche et d’Histoire des Textes (IRHT). The services for medievalists of this institute in Paris and Orleans are manifold. Manuscript studies are not really feasible without the IRHT. The scholars of the IRHT and their online databases support this field of research. For legal historians the Base Budé for the transmission of ancient and medieval texts, the Pinakes database of texts and manuscripts in Greek, and the JONAS database for texts in medieval French and Occitan deserve highlighting. The JONAS database gives for example information about manuscripts and studies on Philippe de Beaumanoir and his Coutumes de Beuavaisis.

For the French Revolution Paris has a special institute, the Institut d’Histoire de la Révolution Française. Anyone working on this epoch will benefit from the resources of this institute. On the website I would like you to enjoy in particular their excellent list of digital image collections. Approaching modern times it warms me to read that the library of the Fondation Maison des Sciences de l’Homme Paris was created also with a view to the needs of the GAHOM research group. Even when law and its history is not often the focus of the MSH its research themes do bear upon them, and they offer welcome orientation. The Parisian branches – there is also a MSH Paris Nord – are part of a nation wide network of MSH’s. I was rather surprised by the library of the Cité des Sciences, one of the major late twenthieth century cultural institutions created by presidential order. Among the plethora of collections and activities is Scientifica, an interesting digital library of the Bibliothèque des Sciences et de l’Industrie, with nineteenth century books on themes such as social hygiene, mental health and phrenology, themes which were very much in the minds of lawyers in this period, too.

Au revoir!

Let’s not overdo things and stop the tour of libraries, research institutes and digital collections in Paris. I will not put everything in just one post. No epigraphy or Byzantine law, nothing on Akkadian and Egyptian law, only a few things touching politics and administration, and no museums, I have to face it. Memories of Joyce Pennings’ Wegwijzer middeleeuwse studiën te Rome (Rijswijk 1987), a guide to medieval studies in Rome, came back when writing this nutshell guide on Paris. It is a long way to repeat her achievement. Where to find more? I hope the impromptu set of links collections with which I will end here will function as a kind of preview of more things in Paris to discover and discuss:

I owe you a few of the quotes that have inspired me during the composition of this post: the first is Attempto, “I try”, the motto of the Eberhard-Karls-Universität Tübingen, and the second a quote from Hugh of Saint-Victor’s Didascalicon, not by chance to be found at the website of GAHOM: Disce omnia, videbis postea nihil superfluum esse. Coartata scientia iucunda non est, “Learn everything, and you will see later that nothing is superfluous. Restricted knowledge is not agreeable”. Not everything is available in Paris: the Bibliographie d’histoire du droit en langue française is maintained by the Centre Lorrain d’Histoire du Droit. In the middle of the great wealth and variety of libraries which adorn Paris it is good to see the ENS library at the rue d’Ulm partners with the university library at Port-au-Prince in Bibliothèques sans Frontières (Libraries without Frontiers) to rebuild Haitian libraries.

A postscript

A fairly recent and most interesting guide for historical research in Paris can be consulted online: Aude Argouse and Mona Huerta, ‘Guide du chercheur américaniste: l’Amérique latine dans les bibliothèques et centres d’archives de Paris et d’Île-de-France’, Nuevo Mundo Mundos Nuevos 2009. This journal offers every year a number of similar guides in its section Guía del investigador americanista, for example for Madrid, Amsterdam, the Archivo General de Indias, Berlin, London, Oxford and Philadelphia.

A second postscript

In 2012 I devoted an entire post to one of the libraries mentioned here, the Bibliothèque Mazarine. In this post I focused particular on the mazarinades, seventeenth-century pamphlets concerning the policies of cardinal Mazarin.

Centuries of law in Normandy

The classic French legal historiography makes a wonderful neat and crisp distinction between two kinds of law prevailing in a large part of France. Either the droit écrit, written law in the particular sense of learned medieval law, or the droit coutumier, customary law, dominated one or more regions. Within the pays de droit coutumier the customary law of a particular region could influence other regions as well, and this is the case also for commentaries on and collections of the coutumes of a region. Perhaps the best known example are the Coutumes de Beauvaisis by Phillippe de Beaumanoir, edited by Amédée Salmon (2 vol., Paris 1899-1900; reprint Paris 1970). I noticed an announcement for a conference celebrating the eleventh centenary of the law in Normandy at Cerisy-La-Salle from May 25 to 29, 2011, and the bibliographical information provided there stimulated me to look further into Norman and Anglo-Norman law in medieval and modern times.

In Custodia Legis, the blog of the law librarians of the Library of Congress, published on January 18, 2011 a post by Meredith Shedd-Driskel on ‘Coutumes of France in the Law Library of Congress‘. This post has as its central point a beautifully illuminated manuscript of the Grand Coutumier de Normandie. The seven large historiated initials shown in this post make you longing for more. Seeing only one other page and the book’s cover does not make up for the fact that I had expected more, beginning with a complete digital version of this manuscript. Last year for example the Library of Congress published a substantial digital collection of their old books on piracy and documents about piracy trials, which induced me to write a post about pirates. The Library of Congress kindly informed me that they have not planned to digitize this manuscript. On French coutumes this library has published a book by Jean Caswell and Ivan Sipkov, The coutumes of France in the Library of Congress: an annotated bibliography (Washington, D.C., 1977; reprint Clark, N.J., 2006). Used together with André Gouron and Odile Terrin, Bibliographie des coutumes de France. Éditions antérieures à la Révolution (Geneva 1975) one can start further research.

Medieval manuscripts concerning the law of Normandy

In this post I will try to put the fifteenth century manuscript at Washington, D.C., in the context of other manuscripts and editions of the Grand Coutumier de Normandie as far as they can be consulted online. At least one manuscript has been digitized completely. The manuscript at Harvard University (Harvard Law School, Ms. 91) is written about 1300 and is less lavishly illustrated than the manuscript in Washington. The Huntington Library in San Marino, California, has two manuscripts of the Grand Coutumier de Normandie, HM 1343 in Latin from the first half of the fourteenth century with some illuminated pages, and HM 25862 with the French text from the second half of the fourteenth century. Ernest-Joseph Tardif discussed in his work Coutumiers de Normandie: textes critiques (2 vol. in 3 parts, Rouen-Paris 1881-1903; reprint Geneva 1977) the various versions of the text and edited them. His book is available online at Gallica.

Several manuscripts with the Coutumes de Normandie are illuminated. Most manuscripts are held by libraries, but some are kept at archives, such as the manuscript Rouen, Archives Départementales de Seine-Maritime, ms. 10. The Enluminures website brings you to three illuminated manuscripts held in French municipal libraries (Cherbourg, BM, 13 and 17, and Rouen, BM, 877). How to find more manuscripts in a quick way? Do portals bring you as much as you would like them to do? The Europeana portal brought me to just one manuscript, Paris, Musée du Petit Palais, Duteil 95, of which one can admire four illuminated pages at their website. CERL, the Consortium of European Research Libraries, has created a portal for searching manuscripts and early printed books until 1830; the search for printed books is mainly in a number of national bibliographies. It brings me through Calames to the manuscripts Paris, Bibliothèque Sainte-Geneviève, 1743 and 2995. Checking on the Liberfloridus website for the illuminated manuscripts of both this library and the Bibliothèque Mazarine yielded no results. The Danish Royal Library in Copenhagen has two manuscripts, NKS 688 oktav and Thott 1012 kvart. Searching in the REX database of this library eventually ends with a third manuscript, Thott 303 oktav, with the Latin version.

More manuscripts in French libraries can be found using a more usual website, the Catalogue collectif de France. I will not list all these manuscripts, but only stress the need to use multiple search terms. When you look for coutumier and Normandie you will find here twelve manuscripts, searching with coutume and Normandie gives you fifty results, including later commentaries and collections of ârrets, the verdicts of the Parlement de Rouen. If you are not aware of the Latin version you would miss it completely. Paris, Bibliothèque nationale de France (BnF), Arsenal 804, called Summa de legibus Normannie (sic), and Rouen, BM, 818, Jura et statuta Normannie, are among the few manuscripts with the Latin version.

I could scarcely have made more clear the importance of not only using online catalogues, but also checking the printed versions and the often very detailed indices of manuscript catalogues. In the field of medieval canon and Roman law Gero Dolezalek has put on the website of the Leipzig law faculty alongside his information on medieval legal manuscripts also an extremely rich, fully commented and updated collection of links to online information about medieval manuscripts. The fine list on online resources by Bob Peckham (University of Tennessee at Martin), the impressive list of manuscript links compiled at the Kungliga biblioteket in Stockholm, and the marvellous gateway to manuscript studies of the Senate House Library, University College London, however useful for its purpose, lack such comments. The very least you should do for the manuscripts in Paris is to check also the online manuscript catalogue of the BnF. It is not wise nor really feasible to present in a simple blog post a complete list of medieval – and later – manuscripts with the different versions of the Coutumier de Normandie, including the rhymed versions and collections of maximes. In the bibliography at the University of Heidelberg created for the online version of the Dictionnaire Étymologique de l’Ancien Français you can find in a nutshell a bibliography of the Coutumier de Normandie and other French coutumes, including manuscripts and main editions of the most important versions.

Printed books and the history of the Coutumier de Normandie

Creating such an overview is not just a question of careful using manuscript catalogues, but of research in the existing literature about this text. Let’s turn to digitized books with the Coutume de Normandie or comments on it. The Jacob Burns Law Library of the George Washington University, Washington, D.C., recently acquired a copy of the first edition, an incunable from 1483. In the Spring 2010 issue of their news bulletin A Legal Miscellanea you can find a short, clear and substantial introduction to this and other early editions, besides a good sketch of the importance and role of Norman customary law. Finding this first edition in the online version of the Gesamtkatalog der Wiegendrucke (GW) was not easy, because somehow searching for coutumier or coutumes did not work. With the other main search website for incunabula in Germany, the INKA catalogue of the University of Tübingen, it becomes clear this edition is present in the GW with number M43587, where luckily a link is given to a digitized version at Troyes. In the online version of the Gesamtkatalog all editions of municipal and regional statutes, statutes of religious orders and synodal statutes, are filed under the headings Statuta civitatum, Statuta ordinum, Statuta synodalia and Statuta regnorum. Seven incunable editions exist for the Coutumes de Normandie. Legal historians should consult with profit the many digitized versions of incunable editions of medieval statutes indicated in the GW.

Visiting a relatively small number of digital libraries brings you to digitized editions of the Grand Coutumier de Normandie. The Bayerische Staatsbibliothek in Munich has several editions, to be found using the OPACplus database. Among important editions it is good to remember the first edition of Le grand coutumier de France (Paris 1539) with the gloss of Guillaume Le Rouillé. At the moment of writing the OPACplus is not working completely as it did. In Paris Gallica has for instance digitized Le grand coustumier du pays et duché de Normandie (Rouen 1515), and not only Tardif’s modern edition, but also another edition of the Latin version, Summa de legibus Normanniae in curia laicali ou Coutumier latin de Normandie (Rennes 1896).

The Fontes Historiae Iuris portal at Lille brings together two editions of the Norman customary law, Pierre de Merville’s La coutume de Normandie reduit en maximes (..) (Paris 1707) and L’ancienne coutume de Normandie (Jersey 1881) by William Laurence de Gruchy, recently reprinted and expanded with an English translation  by Judith Ann Everard (Saint Helier 2009). At Lille you find also easily the links to commentaries by Berault (1612), Routier (1748), Le Royer de Tournerie (1778), and also the remarkable Dictionnaire analytique, historique, etymologique, critique et interpretatif de la coutume de Normandie by Daniel Houard (4 vol., Rouen 1780-1782). The Tarlton Law Library of the University of Texas at Austin has a small but remarkable online exhibition on the history of legal dictionaries, featuring also Houard. At the Hathi Trust digital library you can find his Traités sur les coutumes anglo-normandes (4 vol., Rouen 1776). In this digital library you find also the edition by A.J. Marnier of the ârrets present in a number of manuscripts, Établissements et coutumes, assises et arrêts de l’échiquier de Normandie, au treiziéme siècle (1207 à 1245) (Paris 1839). Let’s not forget to put the law of Normandy in the perspective of the droit coutumier at large. The Centre Lorrain d’Histoire du Droit has put the four volumes of Charles Bourdot de Richebourg’s Nouveau Coutumier General (…) de France (Paris 1724) online. The center at Nancy, too, maintains the Bibliographie d’histoire du droit en langue française, no laurels needed.

The legacy of Normandy’s law

The medieval customary law of Normandy is still living law on the Channel Islands, especially on Jersey. Willem Zwalve wrote about the use of the old Norman customary law in a case at Jersey from 2001, ‘Snell vs. Beadle. The Privy Council on Roman law, Norman customary law and the ius commune‘, in: “Viva vox iuris romani”: Essays in honour of Johannes Emil Spruit, L. de Ligt (ed.) (Amsterdam 2002) 379-386, available online at the digital repository of the University of Leiden. For Jersey the study by Charles Sydney Le Gros, Traité du droit coutumier de l’île de Jersey (Jersey 1943; reprint Saint Helier 2007) has a position somewhat akin to that of works stemming from the Romano-Dutch tradition in South-Africa. At Guernsey lawyers do look for time to time to the Coutumes des bailliage, duché et prévôté d’Orléans et ressort d’iceux by Robert Joseph Pothier (Paris 1740 and later editions). The edition Paris 1780 has been digitized at Gallica. His Traité des obligations (1761) and other treatises were destined to influence the creation of the Code civil, and it is remarkable that this earlier work, too, still has its area of influence.

Large parts of the digitized French cultural heritage can be found using the Patrimoine numérique website. I looked at institutions in Normandy. Normannia is Normandy’s digital library. The Patrimoine site mentions it, but the URL of the website is lacking. As for now I could find for the field of legal history just a few things. Using the rather limited search functionality – just lists ordered by date, author and title – I did only find a small book from 1786 called Recherches historiques sur les droits de la province de Normandie and some Caen guild statutes from 1679, both OCR scanned. The Bibliothèque municipale of Caen has digitized books, but these can only be consulted on spot, and I could not reach the website. A list at Bibliopedia offers you a handy selection of French digital libraries. The municipal library of Rouen has a database with selected images, also from manuscripts. For searching literature on Normandy the Catalogue Collectif Normand can help you, as does the earlier Bibliographie Normande in the journal Annales de Normandie. Les Normands, peuples d’Europe is a portal at Caen. Dipouest is a database at the Université Rennes-2  for searching articles on the history of Ouest-France in scientific journals.

Of course I am aware that much more can be said. Just one example: the libraries of Yale and Harvard, too, have rich holdings for the history of French customary law. It has been a tour d’horizon of Normandy. If you really want to look further into French legal history you might as well have a look at the recent guide to histoire du droit en ligne created for the Jurisguide website of the Université Paris-I by Isabelle Fructus of the Bibliothèque Cujas. At the website of this library you can still visit the online exhibit on the bicentenary of the Code civil (1804-2004) which has a generous section on earlier French law, including the various coutumes.

A postscript

In November 2011 Harvard Law School announced the acquisition and digitalization of a newly found medieval manuscript of the Summa de legibus Normannie. Charles Donahue Jr. comments on the manuscript with the sigle HLS MS 220.

A guide to researching coutumes

Only belatedly I noticed the short guide to the official redaction and reform in the sixteenth century of French coutumes provided in 2009 by Isabelle Brancourt, a scholar blogging about her research on the Parlement de Paris in the eigtheenth century. She notes the bibliography by Martine Grinbert on this process of redaction, Ecrire les coutumes. Les droits seigneuriaux en France (Paris 2006).

Bibliographical information and links

Even though this is another late addition, mentioning the website of the journal Tabularia edited at the Université de Caen is useful. You will find not only digitized issues of this journal, but also a yearly bibliographical chronicle and more relevant links for the history of Normandy. The Université de Rouen has started the project Bibliothèque David Hoüard: bibliothèque numérique de droit normand with digitized works from the sixteenth century onwards on customary law in Normandy. At the website of the Université de Caen linguist have created under the title Français légal ancien de Normandie digital versions of a number of old legal texts from Normandy.

Seven days

How long is a week when you are trying to repair as soon as possible your website after a breakdown? The seven days since last week’s disastrous attempt at upgrading felt awkward indeed. And not having any experience with such a prolonged period of virtual absence made these days feel really long. If you have tried several times to visit www.rechtshistorie.nl you might have guessed that other tasks confronted me last week, too. I could not have chosen a much worse moment for my maintenance activities. My humble apologies for this major interruption of service.

Perhaps you will notice a few small changes. There are minor issues with which I will deal later. One of the things I noticed during my attempts at solving the problems was that some links need updating, surely the most common work on any website. I would like to mention the new web address of the website of the Max-Planck-Institut für europäische Rechtsgeschichte in Frankfurt am Main, http://www.rg.mpg.de/ . You will like to change the main bookmark, and you can add to the bookmarks the new Virtueller Raum Reichsrecht, a collection of digitized sources concerning the law governing the central institutions of the Holy Roman Empire, with its own Wikipedia companion site on technical matters behind this project.

As for my website, back-ups have been made, its structure is now fully documented, and the pros and contras of upgrading have been compared. Back to normal life!

Centers of legal history: Leiden

A fortnight ago I wrote about Frits Grapperhaus, the deceased Leiden specialist of the history of taxation. At the very moment that I would like to write about Leiden as a center of legal history another scholar from its university has died, Pieter Willem Pestman. Today Gregg Schwendner, the creator of the blog What’s New in Papyrology, notes the obituary and bibliography on the website of the Leids Papyrologisch Instituut. No doubt this obituary will be translated into English.

Teaching and research at the Leiden department for legal history has three general focuses, the history of Roman law, European private law and European public law. However, some more specific themes are forever associated with research by scholars from Leiden. Eduard Maurits Meijers (1880-1954) is famous as the scholar who almost single handed started modern research into the legal doctrines developed at the medieval university of Orleans. His personal library included many early printed books and manuscripts. For many years the department was housed at the Gravensteen, the former county and city prison. Meijers’ books were kept separately in a special room. Nowadays these books and his collection of manuscripts are kept at Leiden University Library. Mentioning medieval legal manuscripts and Leiden must include the yearly Friday privatissimum, the special seminar in which paleographers and legal historians decipher and study together medieval manuscripts with juridical texts.

The Gravensteen, Leiden

Not just medieval law is studied at Leiden. Hugo Grotius gets deservedly attention as one of the most distinguished scholars of the Dutch Golden Age, and not just from the viewpoint of Dutch legal history. A juridical court, the Great Council of Malines, has been the focus of a project which touched both learned law and institutional history. Many sources for Dutch legal history have been studied and edited by scholars from Leiden. And how can one write about legal history at Leiden without due reference to the ongoing research into the history and the influence of Roman law? You do not have to agree with the idea that Roman law can immediately contribute to the creation of modern European supranational law in a kind of renewal of the 19th century Pandektistik, but you cannot ignore Roman law if you study for instance the new Dutch Burgerlijk Wetboek which shows more influence from Roman law than Meijers,  initially charged with the drawing of this new code of civil law, had in mind.

It is difficult for me not to expand all this information or just to mention more legal historians, for example those who studied at Leiden and now work elsewhere. One should of course refer to the Tijdschrift voor Rechtsgeschiedenis. Today one has to remember those scholars no longer with us. However, let me at least thank legal historians working or trained at Leiden for all encouragements, constructive criticism and kind help given since many years to me and many others.

See for an interview with Pieter Willem Pestman the article by Boudewijn Sirks and Bernard Stolte, ‘ Piet Pestman: interview met een papyroloog tussen mens en recht in het oude Egypte’, in: Prominenten kijken om. Achttien rechtsgeleerden uit de Lage Landen over leven, werk en recht, Theo Veen et alii (edd.) (Hilversum 2004 (= Pro Memorie 6 (2004)) 347-359.