Category Archives: Scholars

Rethinking medieval history: Jacques Le Goff (1924-2014)

Phptp Jacques Le Goff - source: L'agenda du médiévisteWith the death of the French medievalist Jacques Le Goff on April 1, 2014 the academic worlds loses not only a prolific historian, but also one of its great inspiring teachers who devoted himself to renewing our insights into medieval people and the medieval world at large. At the heart of his work was the belief that for understanding medieval culture in all its aspects you need to gain insights of medieval minds. The histoire des mentalités was not his invention, but together with Georges Duby he succeeded in applying the ideas of the French Annales school of historiography to medieval history in far greater depth than its founders Lucien Febvre and Marc Bloch could ever have hoped for. Johan Huizinga wrote somewhere: “We will need to have a history of the hat”, a history of all those countless elements of daily life which make up your surroundings, without realizing how particular they are. Le Goff choose not material objects as his theme, but he did delve into often neglected sources to find out the habits and workings of medieval minds.

Of his many books the brief study La bourse et la vie. Ëconomie et religion au Moyen Âge (Paris 1986) [Your money or your life. Economy and religion in the Middle Ages, Patricia Ranum (transl.) (New York, 1988)] can be singled out as perhaps entering the fields of legal history more than any other of his publications. On the surface this short book is a sequel to his major study La naissance du purgatoire [The birth of purgatory] (Paris 1981), the history of the slow surfacing of the purgatory, a new theological concept, His foray into economic history might look at first surprising, but it is not when you remember the subtitle of the Annales journal during the second half of the twentieth century, Économies – Sociétés – Civilisations. Among Le Goff’s early publications was a volume for the famous French series of short introductions Que sais-je? on medieval merchants and bankers [Marchands et banquiers du Moyen Âge (Paris 1955)].

It was typical of Le Goff to build his essay-like study about usury and usurers around sources which normally would only figure at the margin of a study touching on legal history. His choice to focus on a number of exempla, medieval short stories often used by preachers, and sermons containing an exemplum about an usurer, is richly rewarded. Le Goff succeeded in this study in offering also an introduction in a nutshell to medieval economic thought. He published this study before most of Odd Langholm’s fundamental studies about medieval economic thought appeared. However outdated Le Goff’s views on medieval economy might become, his lesson that medieval thought came very close to ordinary people remains fruitful and inspiring, not in the least because Le Goff was a great story-teller, too. As few historians before or after him he bridged supposed and real gaps between theories of medieval society and medieval theories at one end, and medieval life and behavior in its various dimensions at the other end. At the heart of Le Goff’s studies were medieval men and women. At the École des Hautes Études en Sciences Sociales (EHESS) he fostered the field of historical anthropology. It is difficult to imagine much modern work on medieval history in France and elsewhere in Europe without the influence of his work and the studies by a number of his students who became themselves influential medievalists, in particular at the EHESS center’s Groupe d’anthropologie historique de l’occident médiéval (GAHOM). You will find here for example digitized literature with exempla and the Thesaurus Exemplorum Medii Aevi.

Le Goff lived long enough to see the great blossom of medieval studies since the last quarter of the last century. He had the greatness and humility to see the blind spots and omissions of his early work. In the 1984 edition of Les intellectuels au Moyen Âge, originally published in 1957, he readily admitted to have underestimated the close relation between intellectuals and urban life, between intellectual power and political power. He cited with approval Giovanni Santini’s Università e società nel XII secolo: Pillio da Medicina e lo Studio di Modena (Modena 1979) who stressed the importance of the common background for cathedral schools and the new medieval universities.

Many seemingly normal qualities and characteristics of current medieval studies, including the study of medieval legal history, such as its awareness of the social context, attention to the close relation of any subject to people and their lives, and the use of a wide variety of sources, are due to the example of Jacques Le Goff. In his late work he turned to major figures of medieval society such as Saint Louis (king Louis IX of France) and Francis of Assisi. He wrote their lives anew as no other before him. It is alway hazardous to predict which of his books will remain influential. I would vote for La civilisation de l’Occident médiéval (2nd edition, Paris 1984; many translations) but you will be excused most readily for taking from the shelves any of his other books and articles. In every single publication you will find yourself in the company of a great historian, a fresh thinker and a generous teacher who always opened windows which had been long closed. The title Pour un autre Moyen Âge (1977) puts it most simply, “for different Middle Ages”. Le Goff gave lectures in my country, too. In 2004 he received the coveted Heineken prize for history. It is strange he was never awarded the Erasmus Prize.

Let us remember Jacques Le Goff whenever we connect legal history to culture and history at large in daring and hopefully fruitful ways. Let’s not forget to keep telling stories making history and law alive for new generations.

The Belgian blog L’agenda du médiéviste alerts in its notice about Le Goff’s death to broadcasts on Le Goff by the French television network France Culture. On the website of the EHESS, too, you will find links to further hommages.

A panoramic view of English criminal law

Image of the country-house Oog in AlAs a child and teenager I visited weekly the branch of the public library in Utrecht in the old country-house Oog in Al, beautifully situated along the Leidsche Rijn. Reading books on all kind of subjects in a library with its round tower offering a wide view of its surroundings is a great source of inspiration to look around you as widely as possible. Everard Meyster (1617-1679), the nobleman who had built Oog in Al in 1666, gave a very particular name to his manor. Oog in Al means panorama, a spot with a 360 degree view of things. Meyster wanted to have a good look at his project for the extension of Utrecht with new suburbs. He also launched a plan to build a canal connecting Utrecht with the former Zuiderzee. Some of his more funny projects earned him the nickname “De Dolle Jonker”, the mad nobleman.

Logo The Digital Panopticon

Being able to view things from every direction is a dream of historians, too. Creating a histoire totale, a complete history of persons and events, aims at transcending the traditional borders of academic disciplines by posing questions from several angles, and by using not just one method to approach problems. The name The Digital Panopticon was chosen on purpose for the ambitious project to look in more depth and detail than ever before at British criminal history. The subtitle of the project, The global impact of London punishments, 1780-1925, shows the two focus points, local history on one side, global history at the other side. Five universities, four in the United Kingdom and one in Australia, cooperate in this four-year project (2013-2017).

The Digital Panopticon is at the heart of this post. The project itself is connected with a number of other digital projects which will figure here, too. Sharon Howard (University of Sheffield), the project manager and webmaster of The Digital Panopticon, has more cards up her sleeves. She has created a whole range of websites and blogs which merit attention here if only already for their own quality and range. Legal history might not always be the main subject of these initiatives, but you can benefit indeed from them for doing legal history.

Looking at The Digital Panopticon makes you think about other subjects in legal history as well. How about creating projects for other countries and fields of law following this example? Do current or past projects exist which resemble The Digital Panopticon in some aspects? These questions deserve an answer, but if I added my first thoughts about them this post would simply get too long.

Getting a complete view

The global nature of The Digital Panopticon is not something you can take for granted. You might as well guide your efforts solely to an analysis of the data available at the website of the Proceedings of the Old Bailey Online 1674-1913, the core of this project. By choosing a narrower period, 1780 to 1925, the project can deal in particular with those convicts sent into exile to Australia, hence the global dimension alluded to in the subtitle. The project team has developed three central questions touching first on the role and position of digital data for scientific research, secondly on the impact on people of incarceration and involuntary transportation, and thirdly on the impact and implications of digital history on public history and its ethics. These questions are being researched for seven main themes, starting with searching for patterns within digital data; noting the voices of men, women and children in the surviving testimonies; the relations between punishments and the course of ordinary life, the difference between convicts, free men and their offspring in committing offences; the interplay between nutrition, the general health situation and individual height and body mass and other factors dealt with by biometrics; the ways of representation of the criminal past in museums and in those institutions catering for a kind of dark tourism and heritage industry at former prisons and other places of the judicial system, and last but not least the ethics behind the massive digital presence of data concerning persons who lived in past centuries.

Linguistics, biometrics, the history of health, sociology and criminology are clearly present in the approaches and themes chosen for this major research project. As a legal historian I am glad the testimonies given by ordinary people get attention, too. Research into intergenerational patterns of behavior sounds also very interesting, as does research into the impact of offences and punishment on life course events. Giving attention to dealing with data sets with sometimes very personal information about members of still existing families links the past with the present where freedom of information, the access to personal files, and the protection of this information form a vital part of current public debate in many countries.

Logo First Fleet

However rich this variety of themes and subjects already is, you can probably do even more. For example, some time ago Frederik Pedersen (University of Sheffield) wondered about seasonal variations in litigation in ecclesiastical courts in the sixteenth century, more precisely in the York Cause Papers, but you can also ask this question for seasonal variations in punishments. The sheer mass of data in the Old Bailey Proceedings offer an opportunity to ask such questions. One of the obvious things to ask is which trends, variations or invariable outcomes you can distinguish when comparing offences for which people were not banished from England with those offences that led to other punishments. Even when you assume the punishments prescribed by laws or statutes did not change over long periods, the actual verdicts might have changed considerably. Can we detect change in judicial regime? What about the various prisons in London and their inmates? People sentenced by the Old Bailey formed only a minority of the people shipped to Australia. In December 2013 Sharon Howard wrote ‘Thinking about dates and data’,  a posting on the blog of The Digital Panopticon in which she reflects on the possibilities of using the various data sets to get a reliable picture of the people exiled to Australia, in particular those coming with the First Fleet in 1787.

It is easy to gather from the summary of the main research themes that researchers obviously can use resources which are already more or less ready for use. For example, at the University of Giessen a digital text corpus has been created from the data of the Old Bailey Proceedings which makes it possible to do linguistic research within the proceedings. Research into the health of convicts transported to Australia is facilitated by the project Founders & Survivors: Australian life courses in historical context, 1830-1920 created by historians, demographers, genealogists and population health researchers.

The Convict Transport Registers Database, accessible at the portal Connected Histories, contains 123,000 records of a total of 160,000 persons transported to Australia between 1787 and 1867 from the registers in the HO 11 series kept at the National Archives, Kew. An online research guide provided by the National Archives gives you guidance to a lot of relevant resources, some of them online. A second guide helps you specifically for researching people transported to Australia. You can either access London Lives 1690 to 1800 – Crime, Poverty and Social Policy in the Metropolis at its own website or use it through the portal Connected Histories. In the research guide for themes around and sources on crime and justice at this splendid portal the London bias of the resources is rightly pointed out. The digital resources of British History Online which do redress this imbalance to some extent, can be searched at Connected Histories, too. In the section Connections of Connected Histories you can find fine examples created by users of the way you can combine data on persons and connect the resources assembled at this portal. Its sheer size and variety, even after noticing some resources only to be used at subscribing institutions, is stunning, and I am hard pressed to find any digital history portal elsewhere with at least some of its contents and qualities. Linking records to a particular person depends on correct identification of people, and this makes research at Connected Histories not a straight forward affair.

One of the resources recently added to Connected Histories brings us to the very title of The Digital Panopticon. The transcriptions created by the crowdsourcing project for the papers of Jeremy Bentham, a part of the Bentham project at University College London, will become available here, too. On my blog I have written in 2011 a post about the Transcribe Bentham project. Bentham coined the use of the term panopticon for his famous model of a prison in which all prisoners can be seen by their guards from one point. However, in this new digital panopticon things seem almost reversed. You can look at prisoners from more than just one central perspective! By the way, some of the seven themes of the project have been the subject of postings here. In 2012 I wrote a post about museums and legal history in which I did question the way the history of punishment has been transfigured at some historical spots into a kind of morbid tourist attraction.

A constellation of websites

The Digital Panopticon is heavily dependent on digital data already accessible thanks to earlier projects. One of the most amazing and powerful facts about this interdependence is the role and position of Sheffield historian Sharon Howard. She was the project manager for the digitization of the Old Bailey Proceedings and she had the same function for the portal Connected Histories. For The Digital Panopticon she is again the project manager and also webmaster. No doubt things are sometimes much easier thanks to her knowledge of vital information about the data at these earlier projects and the ways they have been digitized or harvested. Last October I mentioned Sharon Howard briefly in another posting here. I recalled immediately the title of that post, ‘The galaxy of French humanism‘, when I looked at her digital presence in the second part of today’s post.

Logo Early Modern

The personal website of Sharon Howard is a veritable portal to her websites, blogs and the projects she is involved with. Early Modern history is her main research period. Legal historians will look in particular to her Early Modern crime bibliography. What this bibliography with some 500 titles maybe lacks in content is redeemed by her portal Early Modern Resources (EMR) and her blog aggregator Early Modern Commons (EMC). EMR is a treasure trove for anyone looking for historical resources for British and European history between 1500 and 1800. You can follow any particular theme or enter a free text search with always most valuable results which at the very least offer you food for thought, and more often the inspiration for and first guidance on new roads to go. A third abbreviation, EMN, stands for Early Modern Notes, Sharon’s Early Modern history blog. The websites and the blog will get a new form at the Early Modern Hub which Howard currently is constructing.

The section on blogging of Sharon Howard’s personal portal is perhaps its very heart. You can choose here from four blogs and four blog aggregators. As an aficionado of medieval history I would like to mention Medieval Broadside, a blog aggregator about medieval history, with of course a blog roll of the blogs included. The Broadside is not a website about broadsides and pamphlets, but a website which is to some extent its modern equivalent, an aggregator for messages posted by historians on Twitter about history. The New Newgate Calendar is another blog aggregator with a fine blog roll, this time as you would guess from its title dealing with news about research on the history of crime and punishment. A look at the blogs included here gives you a good idea of the wide variety of current subjects and methods in this field. The website for the original Newgate Calendar gives you the stories of English criminals imprisoned in the Newgate prison between 1700 and 1900. I leave it to you to look at the blogs and the blog aggregator with the word “Carnival” in their titles. You might do this during the coming carnival days!

In the projects section we have met already some of the projects for which Sharon Howard worked. Of the other projects I will only mention Manuscripts Online: Written Culture 1000 to 1500, a portal for online research on medieval manuscripts, and Locating London’s Past, the project connecting John Rocque’s 1746 map of London with texts, artefacts and information about the streets and buildings of eighteenth-century London. Is it by now still a surprise Sharon Howard has done research for an online course on Data Management for Historians?

If you are not yet satisfied with the variety and quality of the digital presence of just one researcher I can send you to two other sections of Howard’s portal. The fourth section deals with Fun, but actually some websites which started as a kind of virtual playground are not just play. Anyone thinking about creating an online – or printed – bibliography can benefit from her Zoterowiki, a guide for the popular digital bibliographic tool Zotero. You might need it when you contemplate contributing to her Early Modern crime bibliography! Based on the Old Bailey Proceedings Howard has created a tool to visualize the frequency of crimes and punishments in this data set. Her steps into visualizing hashtags used in tweets by historians brings me to the last section where she offers just links to her Tumblr blog, EMN and her own tweets. The Digital Panopticon can be followed, too, on Twitter (@digipanoptic).

If The Digital Panopticon is about viewing crime and punishment and the people involved from as many perspectives as possible, you might characterize the digital presence of Sharon Howard as a kind of virtual omnipresence! I cannot do better than express my admiration and salute the unflagging efforts of a historian doing so much to bring digital information together for the benefit of historians and anyone interested in history and law. At the end of this post I am sure you will bookmark some of the websites and blogs mentioned here or at Howard’s marvellous portal.

Inspiration for more research

At the end of this post feel mightily impressed with The Digital Panopticon and with the fleet of blogs and websites created by Sharon Howard. Comments, questions and criticism are always possible, and I have commented on some features and hinted at some questions indeed, but my main impression of The Digital Panopticon is positive, The eleven researchers of five universities cross borders in geography, time and themes. Can legal historians boast or at least remember similar projects on a vast scale? When you look around carefully and watch out for new or past projects you will surely find something which equals the scale and scope of The Digital Panopticon. Today the combination of a website, a blog and social media is common practice for many ranges of modern life.

The project that will dwarf earlier projects might well be present already, perhaps not yet visible in English or not spotted easily even by the most used web search engine. This week I have been searching for the website of an international project launched in 2013, but somehow I failed to track it with search engines. Not knowing the exact title of the project did hamper my online search severely. Luckily in the final stage of writing this post I remembered I created a bookmark in my web browser for it. History and the Law: Exchanges of Economic, Legal and Political Ideas aims at becoming a project bridging ages and continents. You can actually visit two websites presenting this project, one at Cambridge University, the other at Harvard. The presence of a webmaster in the team of any large-scale research project using digital tools is surely an essential element of its success and visibiity.

The galaxy of French legal humanism

Is it old-fashioned to focus on the lives of individual lawyers or is it old school thinking to focus on them as a group? A nice synthesis worthy of Hegel would try to bring the study of a particular profession and biographical studies together within a new framework. Anyone studying the great and small legal humanists of the sixteenth century has to face the fact that the subjects of their research walked both the legal roads of this period and the paths of humanist scholarship. They focused on many aspects of history with a predilection for Classical Antiquity, its languages and sources. French lawyers were very visible in this field. In this post I would like to look at some online resources in France and elsewhere which help fostering the study of their works, lives, activities and surroundings.

Many places, many names

Some scholarly projects have helped enormously to become aware of the sheer number of people involved with legal humanism. At the very heart of humanism were manifold contacts, often by letter, which crossed the borders of countries and languages. Letters in impeccable Latin following the models of Antiquity served not only as means of communication, but also as shining fruits of the mind. Perhaps the ultimate accolade was writing to and receiving an answer from Erasmus. He and his correspondents were fully aware that their letters were bound to be copied and made public. In a sense remarkably close to the sharing of information on the web in our time the republic of letters of the sixteenth century was a very open society, too. P.S. Allen’s edition of Erasmus’ letters [Opus epistolarum Des. Erasmi Roterodami (12 vol., Oxford 1906-1958; reprint Oxford 1992)] was and is the single most influential project to stimulate research on Erasmus and his contemporaries. Since a couple of years Allen’s edition and the old Opera omnia editions of Erasmus’ works are being digitized at Erasmus Online. The volumes of the modern Opera omnia have been already digitized, and can be downloaded as PDF’s at OAPEN. Translations in English and Dutch are among the modern projects to make them even more accessible. At the website of the Warburg Institute you can find a fine overview of the major projects for the edition of letters by humanist scholars, including online inventories and editions, and a useful bibliography. The volumes of the biographical dictionary Contemporaries of Erasmus. A bibliographical register of the Renaissance and Reformation, Thomas Deutscher and Peter Bietenholz (eds.) (3 vol. Toronto 1985) help to survey this intricate web of contacts by letters and other writings.

Looking at French humanist lawyers

Logo Les Bibliothèques Virtuelles Humanistes

However interesting in itself, letters form here the stepping stone to law. Letters and humanists are the very heart of the project in the center of this contribution, Les Bibliothèques Virtuelles Humanistes (BVH), the Virtual Humanistic Libraries, a project hosted by the Université de Tours. The multiple form bibliothèques draws attention to the presence of materials from several libraries in the Loire region, mainly those at Blois, Bourges, Châteauroux, Tours and Orléans. At the heart is the project Epistemon which started in 1998 for editing and searching humanist texts, in particular letters. The BVH now is home also to texts by humanist scholars, both in digital version and only as text, notarial acts from Tours and manuscripts. An accompanying blog keeps you informed about the latest developments. The section on iconography helps you find images with Iconclass, including some portraits of authors.

In the project MONLOE of the BVH copies of the early editions of Michel de Montaigne’s Essais, Montaigne’s own annotated copy of this work and other books, letters and manuscripts with his notes are being digitized. In May 2013 Ingrid de Smedt (University of Warwick) detected in the Herzog-August-Bibliothek Wolfenbüttel a manuscript (Cod. Guelf. 7. 1. Aug. 4to; digitized at Wolfenbüttel) with notes made in 1561 of lectures by François Baudouin (1520-1573) on Roman law and on the title page an owner inscription by Montaigne (1533-1592) (“Michael Montanus”). This manuscript was in fact the first to be tracked down as undoubtedly stemming from the personal library of Montaigne. Montaigne was between 1556 and 1570 a councillor in the Parlement de Bordeaux, one of the mighty provincial courts in Ancien Régime France. The BVH cooperates with the ARTFL project at the University of Chicago, where you will find also a searchable database of the first editions of Montaigne’s Essais, including the famous annotated copy of the edition Bordeaux 1588. Many texts in the BVH can be interrogated with Chicago’s Philologic tool. The University of Chicago maintains a website for Montaigne studies, with apart from digitized early editions a number of current bibliographies.

The blog of the BVH is hosted by the French platform Hypotheses. In fact an announcement at another blog on Hypotheses, Francofil, made me look again at the BVH. A second reason to delve into French digital libraries was the change of address of the digital library of the university of Strasbourg, now named Numistral, and the launch of Numelyo at Lyon. A quick search at Numelyo in its section Provenance des livres anciens brought me to a copy of Sueton’s Lives of the Caesars (Venice: Zani, 1500) (Rés. Inc. 1114) with an inscription that might also be by Montaigne.

Law is not absent at the website of the BVH. I found with the advanced search form for digitized copies with the domaine “droit” 54 books. Among them you will find for example Louis Charendas le Caron, Pandectes ou digeste de droit françois (…) (Lyon; Veyrat, 1597), editions of coutumes, customary law, commentaries on Roman and French law by authors such as Jean de Coras, Jean Imbert, Jean Papon and Pierre Rebuffi. One of the most often printed works is present, too, the Annotationes in Pandectas of Guillaume Budé (1467-1540), in an edition Paris 1542. Nobody should use these editions of Budé’s magnum opus without reading first the articles by Douglas Osler, ‘Budeaus and Roman law’, Ius Commune 13 (1985) 195-212, and ‘Turning the title page’, Rechtshistorisches Journal 6 (1987) 173-182. Budé changed consecutives editions of this work substantially. It would be rash to rely on just one (digitized) edition which you happen to find. Guillaume Budé’s name is used as an acronym, BUDE, for the online searchable database documenting the transmission of classical and medieval authors in manuscripts from the fifteenth to the mid-seventeenth century at the Institute de recherche et d’histoire des textes in Paris.

Another famous French humanist, Jean Bodin (1529-1596), is the subject of The Bodin Project, a very useful portal at the University of Hull. Bodin studied Roman law at Toulouse and worked ten years as an attorney at the Parlement de Paris. On this portal you will find links to digitized versions of contemporary editions of Bodin’s major works, bibliographies and links to other relevant projects. Particular mention should be made of the source indexes for some of Bodin’s works. Digitized versions of three sixteenth-century editions of Bodin’s works, too, are present at the BVH.

One of the reasons I wanted to look more closely at the BVH project was in fact a misreading. I thought I had seen an announcement on this website about the digitization of a treatise on money valuation by Jacques Cujas (Cuiacius) (1520-1590). Cujas studied law in Toulouse, taught there and more famously at Bourges. It turned out to be a text by Jacques Colas, Suputation nouvellement faicte de la valeur de monnais et des abuz dicelles, a manuscript from 1557 (Orléans, Bibliothèque municipale, Fonds ancien, ms. 629). Cujas is actually absent on the shelves of the BVH. Now Bodin was one of the authors in the sixteenth century writing about monetary issues. He is credited with an early exposition of the quantative theory of money in his 1568 treatise Réponse au paradoxe de M. de Malestroict touchant l’enchérissement de toutes choses, et le moyen d’y remédier. The website at Hull points to a digital version of the Bibliographie critique des éditions anciennes de Jean Bodin by Roland Crahay, Marie-Thérèse Isaac and Marie-Thérèse Lenger (Brussels 1992), where you can quickly find detailed information about the editions and existing copies of this text and other works by Bodin. In the case of the Réponse your attention will be drawn also to translations in Latin and German. The Latin version first appeared in a collection of monetary tracts and consilia with the title De monetis et re numaria edited by Reinier Budelius (Coloniae Aggripinae: Gymnicus, 1591; digitized at the University of Ghent). Among the other texts in this volume are two consilia on cases which centered around monetary devaluation by Nicolaus Everardi (around 1462-1532), a Dutch lawyer who became famous for his Topica sive de locis legalibus liber, a work on juridical argumentation. Everardi’s texts can be found at pages 689 to 701 of Budelius’ edition. Chris ten Raa published a study on Consilium nr. 105 van Nicolaas Everaerts (Rotterdam 1978). No version of Bodin’s monetary treatise is present at the BVH or at The Bodin Project.

On using the Universal Short Title Catalogue

Screenprint of the search screen of the USTC

Musing over the issue of digital versions I realized that a search for the works of French sixteen-century lawyers would make an excellent test case for the Universal Short Title Catalogue (USTC), a project hosted at the University of St. Andrews with French books printed until 1600 as its original core. In October 2013 a new version of the USTC website was launched. The project is an ambitious companion to other short-title catalogues such as the ISTC for incunables, the ESTC for English books (1473-1800), the STCN for the Netherlands (1501-1800) and STCV, its Flemish counterpart. The bibliographical information for the works of Bodin makes a fine example. For this project copies of French books have been inspected and described at many libraries. Supplementary information from other bibliographical works is summarily indicated. For the monetary treatise its existence in print thanks to and literally as a companion to a tract by Jean Cherruyt, seigneur de Malestroit, is duly noted.

Mistakes do occur in the USTC. I do not think that a rare 1509 treatise Repertoyre et table tres exquis et familiers selon l’ordre des lettres de l’abc was written by our Jean Bodin. The first edition of the Topica by Nicolaus Everardi (1516) is ascribed to one of his sons, the poet Nicolaus Grudius, himself a brother of the more famous Neolatin poet Janus Secundus. In my Ph.D. thesis defended in 1994 I could already indicate rather more copies, and it is easy to add references to digitized copies of the first edition in 1516 and later editions in the Digitale Sammlungen of the Bayerische Staatsbibliothek in Munich; in a post on this blog I give further information. Better than deploring these faults – or any omission – is simply realizing the history of the USTC’s primary focus on France still has consequences. However, it is certainly strange to find exactly one work by Cujacius. For the rest one can place questions marks about the tagging of Bodin’s treatise in the USTC. In most cases an edition of this treatise has the classification “Economics”, in one case “Jurisprudence”. It goes without saying that the USTC does indicate digitized copies in a fair number of cases, but it is not an all-embracing repertory of digitized books published in the sixteenth century.

The USTC can show you other things or lead to interesting questions. If you search for works on economics you will find a surprisingly large number of works written either in Dutch or coming from the Low Countries. In my view the USTC can help you framing and refining questions about the use of language, the large number of works published in a specific period or on a particular subject, or the favorite format of books. In an ideal world you could perhaps add a second preset field to distinguish among subjects for the classification “Academic dissertations”. The indication of languages for this class is unfortunate when for example a dissertation defended in Italy and written in Latin is nevertheless classified as Italian. It seems wise to use the resources of the USTC as an additional tool, and not as your only source of information, something which is anyway for any resource only seldom advisable, and as always you will have to check the information it provides.

Approaching French humanist lawyers online

The BVH and the USTC are just one of the gateways you might like to use to find digitized books of French humanist lawyers. On the page for digital libraries of Rechtshistorie, my legal history website, you will find links to some twenty French digital libraries. Some of them offer quick access to sources on general themes such as legislation, jurisprudence, verdicts (arrêts), customary law, consultations and legal dictionaries. In particular the – also recently restyled – portal Fontes Historiae Iuris (Université Lille-2) is very helpful for quick orientation, even when the digital editions have sometimes been poorly scanned at Gallica. Let’s smile about the statement that you will not need to look any further! For some regions special websites bring you to the coutumes, the customary law, with often both the texts of these resources and learned commentaries on them. At Bibliopedia you can find a very detailed list of French digital libraries, but alas without the majority of websites dedicated to the history of French law. In 2011 I wrote two posts on French legal history with a somewhat closer focus, the first on the law of Normandy, the second on a number of research institutions in Paris which are relevant for legal historians.

A service akin to Fontes Historiae Iuris for French legal history, but on a wider scale, is provided by the Post-Reformation Digital Library (Calvin College and Calvin Theological Seminary), a portal to digitized works by protestant authors. It contains for a substantial part links to books digitized elsewhere, and it has a nifty function for searching simultaneously with one action in a number of digital libraries. Other portals will help you as well to track down digitized versions of Early Modern books, for example Early Modern Thought Online of the FernUniversität Hagen, and the Philological Museum maintained by Dana Sutton (University of Birmingham). Another gateway for online resources concerning Early Modern History has been created by Sharon Howard (University of Sheffield). Her portal Early Modern Resources is truly impressive in its wide range and coverage of aspects of European history between 1500 and 1800.

Critics who scold some of these enterprises for their incompleteness, omissions and faults can seem to be hunting themselves for a utopian illusion, the One and Only Source of All Knowledge. French humanist lawyers did not live as recluses, isolated from the turbulent times around them. They did not stick with texts as they happened to look in print, but delved into the background. Ad fontes was one of their favorite mottos. In Reformation Europe they simply could not hide completely from all influences and developments in religion, politics and society. Scholars from other countries, too, came to France to join their efforts. As lawyers they rubbed shoulders with their colleagues in the field of law and justice. Their research into Roman law and other subjects of Classical Antiquity did not happen in an ivory tower. In this century we face the opportunities offered both by portals to and by online resources themselves to acquaint us deeper than ever before with a world of five centuries ago with all its differences from and resemblances with our times.

At the death of two leading Dutch legal historians

Tom de SmidtLast month Dutch legal historians were saddened to hear about the death of Jacobus Thomas de Smidt (December 19, 1923-February 18, 2013). In several obituaries, for instance by Arthur Elias for Leiden University, by Joke Roelevink for the Huygens Institute of the Royal Dutch Academy of Sciences, and at the website of the Dutch National Archives, the great efforts and merits of Tom de Smidt for the study of Dutch legal history and the organization between Dutch legal historians are commemorated. Among the major projects he initiated are the project on the history of the Great Council of Malines, a project for the edition of the Dutch codifications in the period around 1800, and for example the West Indisch Plakaatboek, a multivolume edition of legal sources for Dutch colonial history in the Caribbean. De Smidt also helped Dutch archives to modernize, and helped the Indonesian government to deal with the records of the Dutch East India Company in the Indonesian National Archives. People remember his warm personality, his sense of humour and his encouragement to young scholars, and I can testify myself for this. In fact his words “Ja, moet je doen!” [Yes, do it!] are for me among his most characteristic utterances.

Robert Feenstra 1920-2013On March 2, 2013, Robert Feenstra passed away at the age of 92. For legal historians abroad he was without any doubt the best known and most respected Dutch legal historian. This week John W. Cairns (Edinburgh) is one of the first legal historians to commemorate Feenstra. If you want to mention major themes and projects with which Feenstra dealt during his long scholarly life you are faced with a very great variety. The history of Roman law in Europe after the end of the Roman Empire and Dutch legal history give only the boundaries of his research interests. Let it suffice here that only four years ago he published with Jeroen Vervliet a new edition of Hugo Grotius’ Mare Liberum (Hugo Grotius, Mare Liberum 1609-2009 (Leyden 2009)), and that in 2011 he witnessed the completion of the project for the Dutch translation of the Corpus Iuris Civilis. He continued the research started by Eduard Maurits Meijers (1880-1954) on the history of the School of Orléans, and many scholars from Leiden have followed him on this path. Feenstra published a number of volumes with articles by Meijers.

For six decades Feenstra was on the editorial board of the Tijdschrift voor Rechtsgeschiedenis. Feenstra helped fostering the relations between Belgian and Dutch scholars. Just like Tom de Smidt he served for many years on the board of the Foundation for the Study of Old Dutch Law. Today Paul Brood (Nationaal Archief) wrote a brief obituary for both scholars on the website of this foundation. Surely its own journal Pro Memorie will contain longer obituaries on both scholars in its coming issue. Luckily this journal published in its series Rechtshistorici uit de Lage Landen [Legal historians from the Low Countries] interviews with both scholars on their scholarly lives and careers (Pro Memorie 5 (2003) 3-38 (Feenstra); with De Smidt in the special issue Prominenten kijken terug. Achttien rechtshistorici uit de Lage Landen over leven, werk en recht [Prominent scholars look back. Eighteen legal historians from the Low Countries on life, work and law] (Pro Memorie 6 (2004) 313-329). Feenstra founded a circle of scholars studying the reception of Roman law in the Low Countries – convening either in Leiden or in Antwerp – where young scholars, too, often got and get a chance to present their doctoral research. I remember how I presented the first results of my doctoral research for this circle. The austere company listened patiently, asked questions on subjects I had neglected or problems which I had not yet grasped, and encouraged me to pursue my research. Robert Feenstra had a keen interest in people and he did not fail to help scholars with practical advice and suggestions for sources and literature. One of the things that impressed me always was the way Feenstra corrected his own views expressed in earlier articles. It makes you realizes how Feenstra’s career spanned almost half a century, his tenacity about cherished subjects, and the high scientific standards he applied to scholars and to himself. His presence at scholarly meetings all over the world expressed the continuity of Dutch legal history.

It is sad that both scholars are no longer with us to respond to our ideas, questions and emerging publications, but we can remain faithful to their memory by remembering their tireless efforts, smiling presence and amazing wide interests in contemporary life and legal history, and by following the paths and roads they paved for present-day scholars and future generations.

A postscript

On March 6, 2013, the Max-Planck-Institut für europäische Rechtsgeschichte in Frankfurt am Main published an obituary of Robert Feenstra. On March 28, 2013 the blog of the Peace Palace Library publshed an in memoriam on Robert Feenstra by Laurens Winkel.

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.

Antonio Agustín, a pioneer of the history of medieval canon law

During the sixteenth century European humanists developed their interest in the history of texts. Instead of just printing texts from old manuscripts they started comparing different versions of texts. Thus they stood at the cradle of philology and modern philological methods. The majority of these humanists devoted themselves to texts from Classical Antiquity, few of them set feet on the field of textual criticism for the Bible, and even less looked to legal texts other than the sources of Roman law. Antonio Agustín (1517-1586) was the first scholar to deal with the text of the Decretum Gratiani, the most important medieval collection of texts concerning canon law that held a central place in the study of canon law until 1917. In this post I will give an overview of his works, their accessibility online, and I will point to modern studies on his work and life.

A prince of scholars

Antonio Agustín

Antonio Agustín – portrait early seventeenth century

Antonio Agustín y Albanell was born in 1517 in the Spanish town Zaragoza. His father was the vice-chancellor of Aragon. Already in 1526 Agustín went for his studies to university, first at Alcalá de Henares, two years later at Salamanca. In 1535 he started to study law at the university of Bologna, where he met Andrea Alciato (1492-1550), one of the foremost humanistic lawyers. In 1537 he went to Padua to study Greek. In 1541 Agustín received at Bologna the degree of doctor utriusque iuris, for both Roman and canon law.

In the field of the history of Roman law Agustín made himself immediately known with his first published work. In the late fifteenth and early sixteenth century a small number of scholars examined the Codex Florentinus, the manuscript of Justinian’s Digest, since 1406 kept as a treasure in Florence. In 1543 Agustín published a study in which he argued that this manuscript is closer to the original text from the sixth century than the vulgate version of the Digest found in countless manuscripts since the twelfth and thirteenth centuries, and reprinted in many editions since the late fifteenth century. The Emendationum et opinionum libri quattuor were first published in Venice, and soon reprinted in Basel (1544) and Lyons. Using the Hathi Trust Digital Library it is possible to consult online two copies of the first edition held at the Universidad Complutense de Madrid. The edition Basel 1544 can be consulted online (Digitale Sammlungen, Bayerische Staatsbibliothek, Munich), and also the editions Lyons 1559, Lyons 1574 and Heidelberg 1594, all present at Munich.

Agustín’s career can be summarised fairly quickly, but this does not do justice to his scholarly activities. In 1544 Agustin became an auditor, judge, of the Rota Romana, one of the highest courts of the Catholic Church. Charles Lefebvre edited an unpublished text by Agustín on the practices of the Rota Romana in the volume Antonii Augustini Praxis Rotae. Jacobi Emerix Tractatus seu Notitiae S. Rotae Romanae : deux traités inédits sur la procédure de la S. Rote Romaine (Tournai, s.d. (1961)). The popes sent him on several diplomatic missions. In 1562 and 1563 he attended sessions of the Council of Trent. He became bishop of Alife in the Kingdom of Naples in 1556. In 1561 Agustín was called to the see of Lérida in Spain, and in 1576 he became archbishop of Tarragona, where he died in 1586.

In the sixteenth century leading scholars wrote many letters to keep in touch with each other. Cándido Flores Sellés edited an Epistolario de Antonio Agustín (Salamanca 1980). Letters by Agustín are included in the Correspondance de Lelio Torelli avec Antonio Agustín et Jean Matal (1542-1553), Jean-Louis Ferrary (ed.) (Como 1992). Juan E. Alcina Rovira and Joan Salvadó Recasens have recently studied Agustín’s library, La biblioteca de Antonio Agustín. Los impresos de un humanista de la Contrarreforma (Alcañiz 2007). Many of his books and a number of manuscripts with Greek texts stemming from Agustin’s library found their way to the library of the Escorial.

In this post I will not discuss Agustín as a scholar of Roman law, even though he kept working in this field, too. In 1567 he even published two text editions in one volume, the Constitutiones Graecarum Codicis Justiniani imperatoris collectio et interpretatio, with the Greek constitutions in the Codex Justinianus, and Novellarum Juliani antecessoris Epitome, cum notis et constitutionibus, graece (Lérida 1567), with the Epitome Juliani. Pietro Fiorelli and Anna Maria Bartoletti Colombo edited the volume Iuliani epitome latina Novellarum Justiniani, secondo l’edizione di Gustavo Haenel e col glossario d’Antonio Agustín (Florence 1996) which uses Agustín’s work. Agustín edited also texts by Marcus Terentius Varro, Sextus Pomponius Festus and Marcus Verrius Flaccus, and he wrote about Roman antiquities and inscriptions. On Roman law he published further in particular De nominibus propriis tou Pandektou Florentini (Tarragona 1579; online in the Hathi Trust Digital Library) and De legibus et senatus consultis (Rome 1583; online at the Hathi Trust, at Granada and at Munich). For brevity’s sake I have skipped later editions of these works. In the eighteenth century appeared the collection Antonii Augustini Archiepiscopi Tarraconensis Opera omnia (8 vol., Lucca 1765-1774; online, Hathi Trust) which contains also a number of his letters.

Agustín and medieval canon law

The Council of Trent (1545-1563) had addressed many aspects of church life, but not canon law. Ecclesiastical law came under review during the pontificate of pope Pius V. He decided in 1566 that an official edition of the various sources within the Corpus Iuris Canonici should be made. The correctores Romani, a team of scholars, was charged with this task. Originally the commission would have been led by Antonio Agustín, but he declined this position. He kept in touch with the scholarly team. In 1580 pope Gregory XIII could finally promulgate the new edition, published in three volumes (Rome 1582), consultable online at the library of the University of California at Los Angeles. Recently Mary Sommar has published a study about the project for this edition, The Correctores Romani: Gratian’s Decretum and the counter-reformation humanists (Berlin 2009).

The sheer width of Agustín’s activity comes into sight when you realize he did not forget his episcopal duties. As bishop of Lérida he personally supervised the making of the Sacerdotale (…) Ilerdense (Lérida 1567), nowadays a rare work. The Institut d’Estudis Ilerdenc in Lérida has digitized its copy. As an archbishop he helped starting a printing firm at Tarragona. Agustín was responsible for the Constitutionum prouincialium Tarraconensium libri quinque (Tarragona 1580; online, Hathi Trust) and Constitutionum synodalium Tarraconensium partes quinque (Tarragona 1581; online, Hathi Trust). In the third volume of the Italian Opera omnia you can find a reprint of these constitutions, and also the synodal constitutions for this archdiocese.

At Lérida appeared in 1576 the first edition of the Compilationes antiquae, with four of the five decretal collections before the Decretalium liber Gregorii IX – more commonly called the Liber Extra – was promulgated in 1234. Using the Hispana portal the Antiquae collectiones decretalium (Lérida 1576) can be found in digitized form at several Spanish libraries. They offer this work in the PDF format. At Munich you can consult a page by page version of this edition. Agustín’s edition has been reprinted in source editions by scholars ever since, but no new edition of the Compilationes antiquae has appeared until now, for Emil Friedberg presented in his Quinque compilationes antiquae (…) (Leipzig 1882; reprint Graz 1956) only the incipits of the papal decretals included in these collections. Stephan Kuttner discussed Agustín’s edition in ‘Antonio Agustín’s edition of the Compilationes antiquae’, Bulletin of Medieval Canon Law, New Series 7 (1977) 1-14.

For the history of medieval canon law Agustín’s De emendatione Gratiani dialogorum libri duo (Tarragona 1587) is no doubt his most important work. I could find an online version of the first edition, again at the Hathi Trust Digital Library, but not for the important reprint edited by Étienne Baluze (Antonii Augustini archiepiscopi Tarraconensis dialogorum libri duo de emendatione Gratiani (Paris 1672)). Agustín discusses matters such as the original title of Gratian’s work, the problem of misleading inscriptions of various canones, the sources used by Gratian and their supposed or real origin, in particular for canons stemming from church councils. He did notice at many turns erroneous attributions of canons. In particular canons from the collection ascribed to Isidorus Mercator got his attention, but even though Agustin expressed grave doubt about the quality of this collection he did not proceed here or elsewhere to a full examination of the complex of the Pseudo-Isidorian decretals. In the so-called Magdeburg Centuries (Historia ecclesiastica (…) (13 volumes, Basle, 1559-1574)) protestant historians had unmasked this collection as a massive falsification. For catholic writers in the sixteenth century it was difficult to support this view. As few others Agustín was certainly equipped to deal with this problem.

The Epitome iuris pontificii veteris is the companion work to De emendatione Gratiani, and indeed without this compendium of canon law the latter would not have appeared at all. The first part of this Epitome was published at Tarragona in 1587; a digital version (PDF) has been created by the Universidad de Granada. In the first volume with the subtitle De personis Agustín deals with ecclesiastical functions, with laity and heretics, and at the end briefly with the position of Jews and pagans. The second and third volume were published posthumously for the first time as Iuris pontificii veteris epitome (…) at Rome between 1611 and 1614. The second volume deals with de rebus, matters, the third with de iudiciis, verdicts. At Ghent only the first and second volume of the 1611 edition have been digitized. In the second part Agustín starts with an overview of the history of conciliar collections before Gratian with the title De quibusdam veteribus canonum ecclesiasticorum collectoribus iudicium, et censura.

In the volume Canones paenitentiales (…) (Venice 1584; online, Hathi Trust) Agustín edited six texts concerning penance, including a Poenitentiale Romanum. He gives an introduction to the history of penance, penitential canones and in particular the early medieval libri paenitentiales. One of the reasons he adduces in his preface for taking interest in these sources is the fact that the Decretum Gratiani has not the same authority as papal decretals and conciliar canons, and therefore it is necessary to look at the original sources. The first edition of this edition appeared again in Tarragona in 1582.

In an Epistola decretalis Innocentii III. Summi Pontificii (…) (Paris 1609; online, University Library, Ghent) the text of the famous decretal Per venerabilem (X. 4.7.13) of pope Innocent III from 1202 is given, a letter first included in the Compilatio Tertia (3 Comp. 4.12.2). The text of the decretal is taken from Agustín’s 1576 edition of the Compilationes quinque - at f. 209r-210r -, but the source of the following commentary is not clear. The core of the short introductory text is a defense of the prerogatives of the French king and the traditional independent ecclesiastical position of France.

Studying Antonio Agustín

Up to the twentieth century only a small group of scholars endeavoured on the paths first walked by Agustín. I mentioned already Étienne Baluze. Praise for Agustín came directly after his death in a work by Andreas Schott, a Flemish scholar, in his Laudatio funebris. V.Cl. Antonii Augustini (…) (Antwerp 1586). About this text José C. Miralles Maldonado recently wrote an article which can be consulted online, ‘Andreas Schott y su laudatio funebris en memoria del humanista aragonés Antonio Agustín’Myrtia 23 (2008) 315-342. Gregorio Mayáns y Siscár (1699-1781) published a Vida de D. Antonio Agustín arzobispo de Tarragona (Madrid 1734), online in Munich. This work helped in the long run resuscitating interest in this sixteenth-century scholar. It led to the publication of his Opera omnia at Lucca between 1765 and 1774, and to several editions of his letters from manuscripts scattered around Europe.

You can find online more interesting articles about Agustín and his correspondance, for example Jean-Louis Ferrary, ‘Les travaux d’Antonio Agustín à travers la lumière de lettres inédites à Lelio Torelli,’ Faventia (1992) 60-83, and Joan Carbonell Manils, ‘La relación epistolar inédita entro Antonio Agustín y el papa Gregorio XIII’Faventia 22 (2000) 121-138. To these online articles one should add in particular an article by Cándido Flores Selles, ‘Respuestas ineditas de Antonio Agustín a consultas de amigos’, Revista de la Facultad de Derecho de la Universidad Complutense de Madrid 73 (1987-1988) 111-185. Francis M. de Zulueta devoted his 1939 David Murray Lecture to Don Antonio Agustín (Glsagow 1939), an eminently useful starting point if you would like to start with or stick to literature in English. M.H. Crawford edited a volume of essays on Agustín, Antonio Agustín between Renaissance and Counter-Reform (London 1993). Crawford wrote the article on Agustín for the Encyclopedia of the Renaissance, Paul F. Grendler (ed.) (6 vol. New York 1999), in volume I, pp. 26-27. For sources about Agustíns library, his life and correspondence Marc Mayer’s article, ‘Towards a History of the Library of Antonio Agustín’, Journal of the Warburg and Courtauld Institutes 60 (1997) 262-272, is well worth reading.

Agustín deserves his position among the pioneers of the history of Roman and canon law in particular for his unflagging interest in both fields. His interests in legal history were accompanied by studies on Classical Antiquity in the widest sense, including for example inscriptions. He wrote also about medals and even about heraldry. His Dialogos de las armas, i linages de la nobleza de España was published by Mayáns y Siscár (Madrid 1734), of which a facsimile edition appeared recently (Valencia 2005). It is again in the Digitale Sammlungen at Munich that you can find an online version of the 1734 edition, and for example also at Santiago de Compostela. Using the search functionalities at the Hispana portal you can find in Spain more digital versions of his works, and also some library catalogues with manuscripts of his works. Mentioning this work should not diminish the fact that Agustín was a scholar with a mind to work in major legal disciplines and the auxiliary historical sciences. He did not devote himself exclusively to one field, something which scholars nowadays all too often simply have to do. I hope this post shows you something of Agustíns versatility and his lasting importance for those who are working in the field of medieval canon law.

Savigny at 150 years

Friedrich Carl von Savigny, the founder of the German Historical School, died on October 25, 1861, today exactly 150 years ago. In his birth town Frankfurt am Main the International Max-Planck-Research School for Comparative Legal History organizes a two-day conference to commemorate Savigny. The conference with the title Savigny International? looks in particular at the influence of Savigny outside Germany. Savigny’s works have been translated into many languages. At the Goethe-Haus in Frankfurt Joachim Rückert will present a study with fifty contemporary portraits of Savigny and a new biography. If you want to find quickly some portraits of Savigny you could try using BPKGate, the image portal of a number of museums in Berlin, or look at at the online version of his biography in the Neue Deutsche Biographie. I point to some portrait databases at the end of my webpage concerning digital collections. In this post I will look in particular at the ways one can access Savigny’s legacy in libraries and archives using archive portals and other gateways.

An icon of German law and science

The highlights of Savigny’s life are well-known and need scarcely extensive description. He studied law in Göttingen and Marburg where his interest in legal history was awakened and fostered. From 1800 to 1804 Savigny taught at Marburg. He came in close contact with major figures of the German Romantic movement and even married Kunigunde Brentano, a sister of Clemens Brentano. In 1803 Savigny published a monograph on possession, Das Recht des Besitzes. Not only was this monograph a model of its kind, but it dealt with one of the most discussed and vital subjects of law in the age of the French Revolution and the Industrial Revolution. Savigny taught from 1810 onwards at the new university of Berlin. An academic debate with Anton Friedrich Just Thibaut about the role of law in German society and the need for a German code of civil law led Savigny to the publication of Vom Beruf unserer Zeit für Gesetzgebung und Rechtswissenschaft [On the call of our time for legislation and jurisprudence] (1814).

In 1815 Savigny founded with Karl Friedrich Eichhorn and Johann Ludwig Göschen the Zeitschrift für geschichtliche Rechtswissenschaft. Already before the start of his opus magnum on the history of Roman law in the Middle Ages, Geschichte des römischen Rechts im Mittelalter (first edition 6 vol., Heidelberg, 1815-1831) Savigny emerged as the foremost lawyer of his generation. In the field of contemporary law his System des heutigen römischen Rechts (8 vol., Berlin 1840-1849) is his most voluminous publication and certainly one of his most influential works. In the digital library of the Max-Planck-Institut für europäische Rechtsgeschichte, Frankfurt am Main, you can consult online several of Savigny’s works. The number of editions of Das Recht des Besitzes is just one of the signs indicating the place of Savigny.

Savigny’s influence and his legacy

Savigny was not just influential through his teachings. He was in close contact with many German and foreign scholars. In his own Zeitschrift he announced in 1817 Barthold Niebuhr’s discovery of the palimpsest manuscript at Verona with the text of Gaius’ Institutiones (Verona, Biblioteca Capitolare, XV (13)). Niebuhr thought Ulpian was the author of the text he had discovered, but Savigny judged otherwise. In the project Savignyana of the Frankfurt Max-Planck-Institut a series appears since 1993 with both editions of Savigny’s lectures and studies on his work. The discovery, study and editing of the Gaius manuscript is a major theme in Cristina Vano’s Der Gaius der Historischen Rechtsschule. Eine Geschichte der Wissenschaft vom römischen Recht (Frankfurt am Main 2008). The latest volumes in the Savignyana series are a collection of articles by Joachim Rückert, Savigny-Studien (2011) and the volume on portraits of Savigny, Savigny-Portraits, Joachim Rückert, Beate Rizky and Lena Foljanty (eds.) (2011).

Savigny’s material legacy is not to be found at just one German city, because Savigny does not belong to one city, and thus apart from the Staatsbibliothek Berlin-Preussischer Kulturbesitz and the Universitätsbibliothek Marburg it is also in particular at the Universitäts- und Landesbibliothek Münster in the Nachlass Savigny that papers of and letters to and from Savigny are preserved. The Staatsbibliothek in Berlin got also a number of manuscripts once owned by Savigny which now have the signature Mss. Sav. The Kalliope database for searching papers and autographs in German holding yields a rich harvest for Savigny at several German institutions. Unfortunately today Kalliope could not be reached directly. In fact this makes it even more interesting to look at gateways to archives and libraries, because there is a gateway to Nachlässe, literary papers and letters at the European level which gives you access to the data of Kalliope. MALVINE, “Manuscripts and Letters via Integrated Networks in Europe”, allows you to search in Kalliope, the British Library, the national libraries of Portugal and Austria and three other institutions. Thus you will find a letter by Savigny in the manuscript British Library, Egerton 4207, fol. 140-141, a letter from 1861 to Franz Brentano kept at Graz, but first of all some 1900 entries at Kalliope. Happily a second link to Kalliope does function as it should.

The CERL Portal, too, offers access to Kalliope, but this is the only catalogue it shares with MALVINE. It brings you for example to a student’s transcript from 1830 of Savigny’s lecture “Institutionen des Römischen Rechts” now kept at Schwerin, to comments from 1822 on a book about legal history and an undated engraved portrait in the Wallers Manuscript Collection of Uppsala Universitet.

The digitization of Savigny’s papers at Marburg in the Savigny-Datenbank has made accessible online a number of manuscripts with notes and drafts of articles, his university lectures, letters, personal documents and miscellaneous papers. The scope and range of Savigny’s correspondence is truly imposing. The Savignyana series is not the only series in which letters by Savigny are published. To mention only a few of the most recent editions, Bernd Reifenberg edited letters to Johann Ludwig Göschen kept at Marburg (Mein lieber theurer Freund… (Marburg 2000)), and letters by and to Savigny are part of volume 31 of the Weimarer Arnim Ausgabe with the works of Achim von Arnim (Werke und Briefwechsel, vol. 31, Briefe 1802-1804, Heinz Härtl and Roswitha Burwick (eds.) (Tübingen 2004)).

I hoped to find much more on Savigny at the BAM-Portal for combined searches in the holdings of German museums, libraries and archives, but it is disappointing to find only results from Kalliope, a small number of digitized works – mainly reproducing the list which you get using the Zentrales Verzeichnis Digitalisierter Drucke (ZVDD)- and a few portraits available through the BPKgate. Only for German archives the search at the BAM-Portal gave some twenty results which would not have been easily found separately. The ZVDD does not connect to the digital libraries of the Max-Planck-Institut in Frankfurt am Main, and this diminishes the value of searches in the ZVDD for subjects concerning legal history. It is also frustrating the ZVDD does succeeds bringing you to works by Savigny digitized at Munich for the Digitale Sammlungen, but that you cannot find these books using the Munich interface. Only using the OPACPlus of the Bayerische Staatsbibliothek you can find them directly in Munich.

By now you are probably fully aware that the commemoration of Savigny serves here also as an opportunity to conduct research in a number of online portals and gateways, and to comment on their qualities and functions. The Archives Portal Europe is another example of a recently developed gateway to sources. It appears to me as very natural to try using it for purposes touching legal history. A first search for Savigny brings you nine results from France which concern places called Savigny, such as Savigny-le-Vieux and Saint-Jean de Savigny. Of the eighteen search results six are concerned with the Nachlass of Arnold Ruge (1802-1880) at the Bundesarchiv in Koblenz.

Friedrich Carl von Savigny

A lithographed portrait of Savigny, around 1850; Collectie Protestantse portretten, Vrije Universiteit Amsterdam

The Europeana Portal is only slightly better in bringing to light texts by Savigny and images at institutions all over Europe, mainly from Germany, 36 printed texts and 21 images in all, mostly letters and some portraits. The European Library brings you mainly to books by and about Savigny which one can find also in ordinary library catalogues. Only on second thought I looked for institutions holding Savigny’s papers in the Nachlassdatenbank of the German Bundesarchiv, which mentions apart from the collections at Marburg and Berlin also the papers left from Savigny’s time as a statesman kept in the Geheimes Staatsarchiv at the Staatsbibliothek Berlin. Between 1842 and 1848 Savigny had a role akin to that of a special advisor on law to the Prussian government with the rank of a minister. Earlier he had already been a Staatsrat and involved in the Prussian administration. A fourth collection is concerned with Hof Trages, the Savigny family estate.

The only Dutch results at this archives portal – still in its beta-version - are notes for an essay on Savigny from 1968 by the late Roeland Duco Kollewijn (1892-1972), professor for international private law at Leiden, found among his papers now kept at the Dutch National Archives. The Dutch portal Archieven.nl is now also available in a German version called Findmittel. It brings only Hof Trages to my attention, an estate in the Hessian village Freigericht-Somborn – near Hanau – still owned by the Savigny family, where around 1800 the Brentano’s, the Von Arnims, the Grimm brothers and the Gunderodes often met. Savigny was first buried at Berlin, but his tomb is since 1875 in the crypt of the family chapel at Hof Trages. More on Hof Trages and Savigny’s agricultural and seigniorial activities can be found in a study by Sebastian Günther, Friedrich Carl von Savigny als Grundherr (Frankfurt am Main, etc., 2000). Let me not forget to notify you that at Thematis, the second Dutch archives portal which connects to thirty archives and a number of image databases, I did not find anything on Savigny.

Incidentally the placename Freigericht is in German also the word for the tribunal in a Freigrafschaft and for the late medieval vehmic courts (Femegerichte), secret courts which offered no possibility for appeal. It strikes me as remarkable that Savigny had so to speak a subject of German legal history very often for his eyes, but that he led his research in another direction, the influence and role of Roman law. Did he perhaps react against the romantic views on German medieval history of his contemporaries, in particular within the circle of Romantic poets with whom he was personally acquainted? Did he leave the study of medieval German law on purpose to his scholar Jacob Grimm? No doubt this question, too, has been dealt with in the very extensive literature on Savigny who had a pivotal position both in the organization of legal Germany and in the German Romantic movement.

Savigny’s library has not been held together after his death. A rather large number of books was sold in the twentieth century to libraries in Japan. In the Savigny-Bibliothek of Toin University in Yokohama some of the books once owned by Savigny have been digitized. Kyushu University Library holds a number of manuscripts with some of Savigny’s lectures and lectures by a number of his contemporaries. Heinz-Peter Weber published a book on Die Bibliothek des Friedrich Carl von Savigny in der Universitätsbibliothek Bonn (Bonn 1971). The collection at Bonn sold to this library by the Savigny family in 1959 is truly remarkable, even if some twenty percent of Savigny’s books is no longer in Germany.

Much more can be said about Savigny, one of the few German lawyers who gave his name to a foundation, the Savigny-Stiftung, responsible for the publication of by all accounts one of the most important legal history journals, the Zeitschrift für Rechtsgeschichte. Savigny opposed vehemently the codification of German law and helped bringing the study of Roman law at new heights. Even now his views sometimes divide German legal historians. Whenever the sparks of such clashes of opinion lead to new questions and renewed research on the developments and impact of law and justice in history this can only be helpful and enriching.