Everything but law? On revisiting portals for medieval studies

Logo Reti MedievaliHowever vast the variety of all possible sources of information on Internet, and however strong the seduction of One Tool to Find Them All, there has always been a need for gateways and portals to find your way to specific subjects. The field of medieval studies has been lucky to benefit since many years from some great virtual portals and gateways. Some have become my favorites, others I visit only rarely. Lately I realized I use at Reti Medievali only the Calendario, its calendar of scholarly events for searching events linked to legal history which I gather at the congress calendar of my blog. Reti Medievali translates literally as “medieval nets”, because the information of this portal is literally located at a number of separate websites. Can you fetch in medieval law with any of these nets? How does Reti Medievali compare with some other portals and gateways? At least some parts of Reti Medievali can be viewed not only in Italian, but also in English, French, German and Spanish. In the second part of this post I will look at a most valuable contribution to the history of medieval law, the online version of a multi-volume publication published last year. For me its presence at Reti Medievali was a welcome trigger to have a broader look at this portal, to write about it and to compare it with some of its companion portals.

Fishing the seas of medieval studies

Reti Medievali (RM) started in 1998 as an initiative of scholars at five Italian universities to support and unite medieval studies both in the real and the virtual world. RM has even its own society. Since 2001 RM worked also with scholars outside Italy. Nowadays you might see Reti Medievali as a fleet, with on its ships a library, an events calendar, teaching tools, e-books, essays, an internet guide for medieval studies and its own online journal. At RM the section RM Memoria has the least transparent title, but it offers a concise bibliographical introduction to the medieval history of Italian regions and a number of Italian medievalists, and also a small section with three medievalists from abroad and a corner for medieval Spain. Among these scholars are some famous legal historians, for example Carlo Guido Mor, Pietro Torelli and Giovanni Tabacco. Reinhard Elze figures among the three non-Italian medievalists.

My first port of call at Reto Medievali should be the Repertorio. Here you can find at a general level overviews of the situations of medieval studies in eight countries, an overview of scientific journals, and nearly thirty introductions on a number of subjects and themes. Each introduction contains a – sometimes elaborate – sketch on its subject, and then proceeds to relevant sources in archives and libraries, editions, online resources, and closes with a bibliography. Legal history is certainly present here. The report by Riccardo Rao on Le risorse colletive nell’Italia medievale (2007) deals with recent scholarship about communal goods and several forms of medieval commons; Italy gets the main focus, but Rao provides also some references to other countries. Primo G. Embriaco dealt in 2006 in a similar way with the Regnum Italicum and with the power of lords in Italy from the ninth to the thirteenth century. In both introductions he mentions law at a few turns. Enrica Salvatori only mentions statutes in her essay on La civiltà comunale italiana [The civilization of the Italian comune], and apart from the useful references concerning municipal statutes law is nearly absent as a primary subject. Anyway, updating this introduction written in 2003 would be sensible. Tommasso Duranti gives an introduction to late medieval diplomacy (2009), and Nicola Lorenzo Barile deals with Credito, usura, prestito a interesse [Credit, usury, loan with interest] (2010). Reti Medievali could score much higher here if they had not presented the general theme overview with a plugin that your browser might not support in any language version. Translating the titles of the contributions for a number of items within the general scheme would be a most desirable and not too difficult service.

A tour of medieval portals

Instead of being content with such criticisms I prefer to look now first at some other well-known portals and see whether they give more space, a wider view or a more up-to-date treatment of matters concerning medieval law and justice.

Logo MénestrelCan the minstrel of the French portal Ménestrel convince us to visit it regularly for information about medieval law? Luckily there is an English version of many pages, or at least an introduction in English, and in some cases a clear promise to translate particular pages. Ménestrel started as an offspring of the journal Le médiéviste et l’ordinateur (1979-2007), one of the earliest journals concerning the use of computers for medieval studies. Ménestrel wisely admits it will not try to outdo websites which fulfill all possible wishes about a subject, but instead this portal will refer to them. Alas this promise is not kept for the field of medieval law. Although this subject does show up many time when you use the free text search (droit) there is no attempt for a general overview. However, implicitly you can reach legal subjects by looking at the auxiliary sciences (palaeography, codicology, diplomatics) and some of the classic sources such as charters and cartularies. These sections rank with the best guides in this field. In its early days there was a fine section on medieval canon law maintained by Charles de Miramon (Paris, EHESS). but eventually this section was removed. Among the few spots at Ménestrel with space for ecclesiastical law was the section on histoire religieuse, but alas that section, too, is now defunct.

As a ray of light is the recent inclusion at Ménestrel of juridical documents in the section for Paris médiéval. In the section with documents you can learn about documents normatifs, sources such as ordinances, and sources judiciaires, in particular sources about the judiciary, but strangely also customary law. However great or small these deficiencies at Ménestrel, it is great to have this guide to medieval Paris. Ménestrel is wonderful for its country overviews of medieval studies and the overviews of archives and manuscripts, and there is also a section on teaching medieval history.

Logo MediaevumAt the German portal Mediaevum, the great online gateway to medieval Germanic languages, it is only in the large section for dictionaries (Wörterbücher) that legal matters come to the surface. Gerhard Koebler (Innsbruck) has created online versions of several of his dictionaries, among them one for medieval High German (Mittelhochdeutsch). Koebler’s website is a veritable portal to Germany’s legal history. Of course Mediaevum mentions the Deutsches Rechtswörterbuch, a project described here in a post last year. A promising link to a bibliography about Jews in medieval Europe is actually broken, but I did arrive at the Arye-Maimon-Institut für Geschichte der Juden (Universität Trier) and at a project led by Christoph Cluse concerning Medieval Mediterranean Slavery which does contain both a bibliography and a bibliographical database.

Logo ORB

There are several medieval portals with an exclusively English interface. The ORB (Online Resource Book for Medieval Studies) is one of the oldest still working portals. For this portal Brendan McManus created a concise section for medieval law, with reference to online version of Roman law texts, bibliographies for Roman law and canon law, and some links. The Labyrinth (Georgetown University) used to be a substantial gateway to medieval studies, but in its present clear design it is just a web repertory with commented links, lacking law as a general category. The number of relevant law links to be found with a free text search is meagre. Some links lead to the Medieval Sourcebook (Fordham University). This university in New York has placed this project conceived by Paul Halsall on a legacy subdomain, but you can still find here a splendid selection of sources in English translation for many subjects and themes, including medieval law and justice, for example about feudalism; the introductions, too, are interesting. However, The ORB and The Labyrinth do not attempt at covering the whole field of medieval studies. You will look in vain for an events calendar, a discussion forum or an online journal.

Logo Netserf-Law

This parade of American portals for medieval history would not be complete without NetSerf, a classic web repertory for medieval studies. Its choice of general subjects is balanced, and every link is accompanied with a concise introduction. The section on medieval law has a main overview and seven subsections, one for documents and the six others for barbarian laws, criminal law and punishment, canon law, Roman law, the English common law and Spanish law. Some pruning might be needed. A nice example is a Carolingian capitulare, a law from 802 figuring among the “barbarian laws”, the “national laws” published within the territories of the Roman Empire between roughly 400 and 750 A.D. Thanks to further subdivisions the section on the medieval period English common law is thoroughly useful. The cross-references are often helpful, and NetSerf is certainly worth visiting.

Let’s not forget here the Online Medieval Sources Bibliography which often mentions translation, too. I should have added this reference to my recent post about digitized manor rolls at Harvard Law School, because in this resource you can search directly for editions of particular types of documents. The Avalon Project at the Lillian Goldman Library of Yale Law School has in its section for medieval documents (400-1399) some thirty legal documents and sources, most of them in English translation.

I would have been most happy to show you here a portal to medieval studies from the Netherlands and Belgium, but alas I cannot give you an unqualified example. The website of the Onderzoeksschool Mediëvistiek, the Dutch research school for medieval studies is strong in bringing news and information about scholarly events, as is its Flemish counterpart, the Vlaamse Werkgroep Mediëvistiek. The Contactgroep SIGNUM deals with the social, economic, legal and institutional history of Dutch and Flemish ecclesiastical institutions, but even the fine list of web links does not make this website into a portal site. The Francophone medievalists in Belgium have surely their useful society blog, and also the well-informed L’agenda du médiéviste, but as for now they have not yet launched a portal.

Banner Mittelalter blog

In Germany you will find in particular online tutorials for medieval history, for example Mittelalterliche Geschichte (Universität Augsburg), an online tutorial at Tübingen, and a Leitfaden Mittelalter at the e-Studies website of the Universität Köln. Within the Hypotheses network of scholarly blogs the Mittelalter blog has quickly gained a central role. This blog is close to current scholarly events and contributions. In a tree structure for scholarly disciplines at this blog legal history gets a niche in the section for Spezialgebiete (“special areas”), together with the history of medieval philosophy, religious orders and prosopography, surely nice company, but also a bit surprising. This tree has some other remarkable juxtapositions which gives you food for thought. Whatever you might think about this blog with its substantial blog roll, Martin Bertram did not hesitate to publish here last year an article about legal quaestiones from mid-thirteenth century Paris.

The results of this quick tour from a particular perspective are relatively clear. Ménestrel offers scattered information about legal history, but it almost turns the balance with the sections for the auxiliary sciences and its most valuable online guide to medieval Paris where legal records get judicious space. Mediaevum offers less relevant links than Ménestrel, but some of them are really useful. Thanks to its concise sections on medieval law the ORB Net scores better than the Labyrinth. NetSerf scores nicely with its section on medieval law which brings you to further sections with links, basic comments and cross-references. Paul Halsall’s Medieval Sourcebook and Yale’s Avalon project have both substantial attention for medieval legal history, and often they give you quick access to translation in modern English of important legal sources. A round-up of Dutch and Belgian websites did not add much to this tour, although all of them have at least one useful element. In Germany we saw a number of online tutorials for medieval history. The tree structure of the important Mittelalter blog left us somewhat bewildered about the role it accords to legal history.

Summa summarum

At the end of this post I bring Reti Medievali again into view. In my opinion this portal shines out for the sheer range of sections and approaches. Mediaevum is perhaps even better, but it is restricted to the Germanic languages and literature. Ménestrel satisfies many needs and it is strong on some fields with traditional importance for legal historians, but a general section about medieval law is sadly lacking, as are pointers to better resources. The absence of legal history is precisely more visible because the sheer width of disciplines is stunning, and some of these sections are truly superb. Italian medievalists can benefit for the auxiliary sciences from the Scrineum project at the Università degli studi di Pavia, and thus it does not matter so much that the Repertorio of Reti Medievali does have only one section from 2003 on this subject.

I f you create a grid with a number of fields for elements at these portals, such as sections for various disciplines with guides and bibliographies, an event calendar, news, a blog, a digital library, teaching tools and a scholarly journal, preferably in open access, you can quickly see which portal meets most demands. Even though it does not offer you everything in this list, Reti Medievali trumps the other portals when you look primarily for sheer width. Of course I realize that you will often go from one portal to another, and in fact I have set out here how to do this for medieval legal history. RM has a digital library and an online journal, RM Rivista appears since 1999. This journal is supported by Firenze University Press which publishes more journals in open access.

RM e-Book, the series of digital publications, is published also in cooperation with FU Press. The twenty books so far published in open access often touch upon subject related to legal history. Political history, political theory and the interplay between secular and ecclesiastical powers are the main subjects. No. 19 of the series is in itself reason enough to start having a closer look at RM, and in fact this spurred me to start writing this post. The four volumes of Honos alit artes. Studi per il settantesimo compleanno di Mario AscheriPaola Maffei and Gian Maria Varanini (eds.) (2014) are a Festschrift for one of the most versatile contemporary scholars in the field of legal history. These laudatory volumes for Ascheri (1944) deal not only with medieval Italy, but also with towns and cities in Early Modern Europe, the cultural dimensions of the history of law in Europe, and also contemporary law and institutions in Europe and America. The overview of the contents will reassure you immediately of the presence of contributions in English, German and French side by side with articles in Italian. Medieval consilia, Siena and Tuscany, to mention some of Ascheri’s beloved themes, are often addressed by the authors, but in fact you will find articles touching many corners of Europe. The online versions are not just helpful for everyone without access to the printed version, but give you the possibility to search quickly for your own favorite themes and subjects.

The gist of my post is clear: instead of staying with one portal it can be most useful to look elsewhere, sometimes for specific questions, sometimes because of sheer curiosity or the expectation of interesting news just outside your normal fishing grounds. In my experience you will surmount the difficulties of other languages whenever your interests are really awakened. When you come back from one of these portals you might turn to the mighty volumes of the great Festschrift for Mario Ascheri, and find at every turn new aspects of medieval and later legal history. The four volumes build an impressive plea for the importance of legal history, meriting not just a room of its own in the mansions of history, but more convincingly as core connections between periods, subjects and themes.

Gathering all strengths for Nepal

Stay strong Nepal - ANHS-HimalayaSince Saturday the first news came about the major earthquake that hit Nepal its sheer size and impact become slowly more visible. You can follow the international news coverage for example at the dedicated earthquake page of the Nepal Research portal. On Tuesday some Dutch people who had been in Nepal returned and told on television about their experience and the situation in particular regions and locations. On Wednesday it was announced that the Netherlands would be charged with coordinating the relief efforts. Because of the immense number of airplanes now coming to Kathmandu it is often not possible to land or to fly away from Kathmandu Airport. In this post I will try to create a succinct overview of major online resources for contemporary Nepal and resources concerning its history and culture. The damage done to historic buildings is just one of the things affecting the people of Nepal.

Last week I did by chance search for online resources for legal history in Asia. It took me some time before I became convinced that it is useful to give here such an overview, because it took me a lot of time to find information and resources. You might ask yourself what is the use of digital libraries and collections in dealing with the impact of an earthquake. One can point to the Virtual Disaster Library of the Pan-American Health Organization and the WHO Health Library for Disasters, to mention just two examples. The availability of resources, be they material goods or information in print or online, and the presence of trained people at the locations with the most casualties and the greatest damage will make a huge difference. You will notice, too, that I have included at some turns legal materials and materials related to Nepal’s legal history, because this subject serves at this blog as the starting point for any contribution.

Access to resources about and from Nepal

The Library of Congress has among its country studies a guide to Nepal, but unfortunately this study dates from almost twenty years ago. The study can also be found on the website for country studies. Luckily the Law Library of the Library of Congress has a selection of links to more up-to-date information about Nepal. The LoC’s Global Legal Monitor show current legal information. Globalex (New York University) has probably the most extensive overview of the contemporary legal system in Nepal, with some attention to the history of this country. The Asian Legal Information Institute offers online access to Nepali legal resources. The United Nations started in 2014 with an information center in Kathmandu.

Nepals legal history

In Nepal the Nepal Law Commission, too, has put legal materials on its website, including historical constitutions, laws, treaties, statutes, bylaws, rules and regulations, to be found under the heading Documents – Law Archives. However, this website has not been updated since 2011. In her selective bibliography at her blog South Asian Legal History Resources Mitra Sharafi (University of Wisconsin) mentions just two items concerning Nepal, both by Mara Malagodi, Constitutional Nationalism and Legal Exclusion: equality, identity, politics, and democracy in Nepal (1990-2007) (Delhi: Oxford University Press, 2013) and an article, ‘Ivor Jennings’s Constitutional Legacy beyond the Occidental-Oriental Divide’Journal of Law and Society 42/1 (2015) 102-26. Last year Sharafi published Law and Identity in Colonial South Asia: Parsi Legal Culture, 1772-1947 (Cambridge, etc., 2014). As for recent studies about Nepal it is good to mention John Whelpton, A History of Nepal (Cambridge, etc., 2005) and Sebastian von Einsiedel, David M. Malone and Suman Pradhan (eds.), Nepal in Transition. From People’s War to Fragile Peace (Cambridge, etc., 2012). It can do no harm to use the compact information about Nepal and its history compiled at WHKMLA, and you will find there a number of links, too. A good look at relevant Wikipedia articles can bring you much information, too.

Digitized books and open access

A number of websites in Europe and the United States give access to digitized books and documents dealing with Nepal. The section Ostasiatica of the Staatsbibliothek zu Berlin has digitized some 50 works about Nepal. In the Hathi Trust Digital Library you have full access to some 70 books. A number of digitized items at Digital Himalaya deal with Nepal, in particular for maps, in the Rare Books section and the section for research journals. Among these journals is the very important Regmi Research Series, with translation of some Nepalese constitutions and other legal materials, and both an English-Nepali and a Nepali-English dictionary. You can also consult the 2001 census of Nepal, and last but not least benefit from the very substantial links collection crowning this digital portal. Cornell University, too, has digitized the volumes of the Regmi Research Series with documents in translation, and Cornell has also digitized a number of Nepali text books. At Cornell the department of Asian Studies has created its own selection of relevant links. Old Maps Online helps you find you without delay a great number of relevant historical and also more recent maps held in twenty libraries from many countries showing Nepal, Kathmandu and other locations and regions within Nepal.

At Southeast Asia Visions, yet another Cornell website, you can find 350 digitized Early Modern travel accounts concerning this region. As for scholarly journals from Nepal, you can access a number of open access journals for Nepal through DOAJ (Directory of Open Access Journals) or go directly to Nepal Journals Online. By the way, I did find nothing touching specifically on Nepal in a first quick search in the companion Directory of Open Access Books, but maybe other search terms will bring you more. In the OAPEN Library, another open access initiative, I could find at least some studies about natural disasters. When you use the forces of the advanced search mode at BASE (Bielefeld Academic Search Engine) you can find a substantial number of recent scholarly articles and books about and from Nepal, but also older works. BASE works with some 3,500 repositories all over the world. Only four of them are in Nepal, and only Nepal Journals Online is now up and running. The blog The Himalayas and Beyond, too, helps tyou o track current research.

The telling images

Header Nepal Picture Library

Images say more than thousand words, and in this respect one of the most important links at Digital Himalaya is to the Nepal Picture Library where you can find a number of photo collections. Digital Himalaya also mentions a project at Brown University, Providence, RI, with images of Buddhist mural paintings in three monasteries in Mustang in a Tibetan region of Northwestern Nepal. It is also useful to look at the resources of the Tibetan and Himalayan Digital Library, although naturally the focus is strongly on Tibet.

Not just one language

One of the problems in helping Nepal is the variety of languages. Nepali is the main language, but in a number of regions other languages are used. The French project Langues et Civilisations à Tradition Orale (CNRS, Paris) deals with eight languages in Nepal. In Leiden the International institute for Asian Studies, too, has shown interest in some languages spoken in Nepal. Another major research institution, the School of Oriental and African Studies (SOAS) in London, supports the Endangered Language Archive. SOAS, too, has a useful selection of relevant links for South Asia. For Nepal one can find in this selection in particular the Hindi Script Tutor which helps you learning the Devanagari script used also for Nepali, and a link to Mountain Voices with texts and translations of interviews, amounting also to an important resource for oral history. The Digital South Asia Library (University of Chicago) is in particular helpful with its repertory of online dictionaries for languages in South Asia and the overview of bibliographies, with among them also Chicago’s South Asia Union Catalogue.

Manuscripts and documents in Nepal

The past days I have not succeeded in getting access to the website of the Nepal National Library in Kathmandu. The Kaiser Library in Kathmandu has considerable historical holdings. A number of collections in Nepal has been the subject of projects sponsored by the Endangered Archives Project (EAP) of the British Library, mainly in cooperation with the Madan Puraskar Pustakalaya (MPP) in Lalitpur. EAP aims at conserving, describing and digitizing fragile and threatened archival collections, documents and manuscripts. EAP 066 dealt with some 50 periodicals and 140 monographs. EAP 166 was a project concerning some 6,500 rare negatives and photographs in two collections at the MPP. In EAP 171 a pilot study was conducted at the SOAS for Nepali manuscripts from the eighteenth to the twentieth century. EAP 272 is another project at the MPP, this time for ephemera and manuscripts mainly from the past century, but it included also older manuscripts. The fifth EAP project (EAP 676) aimed at conserving and digitizing seventeen privately held collections in Lalitpur with Buddhist manuscripts written in Sanskrit. The 10000 images in this collection have been published online in January 2015. The EAP blog at the British Library brings you news about this project. The University of Hamburg, too, works on the preservation and cataloguing of Nepali manuscripts, supported by its own office in Kathmandu. There is an online catalogue of the microfilms created within this project.

Scattered around the world more digital collections with objects from Nepal can be found. The University of Washington has some twenty music instruments in its ethnomusical holdings. In the Huntington Archive of Ohio State University you can find at least 800 images concerning Nepal. In the past anthropologists have collected materials in Nepal. Brian Houghton Hodgson (1801-1894) is just an example. His papers are at the British Library, and you can consult an online inventory of these papers thanks to the efforts of Cambridge University. The Muktabodah Indological Research Institute in Emeryville, CA and New Delhi has not only digitized manuscripts, but also created searchable e-texts in its digital library. The Indology.info website is a portal to research initiatives and the various digital libraries with Vedic, Tibetan and Buddhist texts. The EAP projects for Nepal are not mentioned at this portal.

I would have loved to continue here with digital art collections, but their sheer number worldwide as represented at Himalayan Art has convinced me that there is no need to double its efforts.

The balance between quick reactions and completeness

Header Savifa

Sometimes help is needed immediately. Those victims still alive but buried under the stones and concrete of collapsed buildings need help now, and the people suffering from wounds and diseases need basic treatment or even surgery at the spot. However, in order to achieve the most humanly possible some kind of overview, some measure of preparation is needed. Epidemic diseases might occur. Roads are still blocked in many regions, communication is often impossible or hampered severely, and you can reach any villages only by walking long paths.

While writing this post I often thought that I should not try to outdo myself in bringing this amount of online resources together. A number of considerations changed my view. First of all, a number of resources within Nepal cannot be reached at all. Secondly, yesterday I could not view one of the major online resources, the Tibetan and Himalayan Library. A third consideration came in a very late stage. I would dearly like to have discovered much earlier the Virtuelle Fachbibliothek Südasien at the University of Heidelberg, abbreviated with the acronym SaViFa. I did not spot this service quickly on other websites at Heidelberg, such as those of the Südasieninstitut and its Kathmandu office at Lalitpur, and I overlooked SaViFa at the overview of other relevant Asian research resources in Heidelberg. Hopefully others more versed in Asian matters will have reacted already more efficiently than I can do.

SaViFa with an interface in German and English gives you with a first simple search for Nepal some 200 links to all kinds of online resources. The SaViFa portal offers many possibilities of its companion virtual portals and the special subject collections in Germany to refine your searches for particular resource types, regions, subjects and periods. CrossAsia, a service of the Staatsbibliothek zu Berlin and the other major German portal for research on Asia, focuses clearly on East and Southeast Asia.

Let’s not wait any longer, may this post go its way! I promise to create a PDF with a more helpful arrangement of the many resources presented here in a sometimes rambling way, and of course I will try to correct any grave omission and factual mistakes. In my experience it is most rewarding to get familiar with subjects and cases far outside your usual territory. I learned a lot from finding my way into Nepal, a country on the roof of the world. Hopefully the world will continue and renew its efforts, and arrive and preferably stay with adequate help to rescue and support the people and treasures of that collapsed roof.

A postscript

Already while writing this post I was sure I would overlook some important resources. i would have liked to mention here much more, but alas it turns out to be rather difficult to find resources even at some universites with very promising holdings. However, the very least I can do is pointing you to a recent overview of digital resources for South Asian legal history created by Mitra Sharafi, a guest blogger at the inexhaustible Legal History Blog. I have seen some online library guides with either information already found elsewhere, very concise or lacking descriptions of resources, and this is a strong contrast with Digital Himalaya, a model of its kind among digital portals. It is a comfort to have Sharafi’s guidance and helpful comments about South Asian resources in these posts and at her own blog.

Celebrating common law beyond Magna Carta

Header Et Seq.

2015 is the year of many celebrations for the 800th anniversary of Magna Carta. It is silly to try to avoid mentioning it here, but I know my readers expect me to find a different slant on the celebration. The four remaining copies of the 1215 version get ample attention at the British Library. The Lincoln copy was put on show in 2014 at the Library of Congress (Magna Carta: Muse and Mentor). Earlier this year there was much media coverage for the finding of a later copy of Magna Carta at Sandwich, Kent. At first I would have almost believed the news concerned the finding of a fifth copy from 1215, but this was not the case. However, this copy from 1300 combined with a copy of the Forest Charter.

Recently Harvard Law Library decided to digitize its collection of manuscripts and archival records with texts concerning medieval English law. At Et Seq., the library’s blog, there were already two announcements, on March 25 about early English manor rolls by Mary Person, and on April 10 ‘Medieval Manuscripts Online-Magna Carta & More’ by Karen Beck. The riches of the digital collections at Harvard Law Library are certainly no secret, but now it seems they surpass their earlier efforts, this time with support from the Ames Foundation. Person and Beck briefly introduced the new digital collections, but there is a real need to tell more here.

A gateway to medieval resources

Detail of roll from Moulton, Cheshire 1518-1521 (Box 2, 16) - image Et Seq.

Detail of a manor roll from Moulton, Cheshire 1518-1521 (Box 2, 16)

Before going quickly to the newly digitized resources it is wise to look at the overview of historical and special collections, the web page on rare books and manuscripts, and finally the overview of digital collections and digital exhibits. This threefold entrance is in some respects confusing, but each approach is in itself valuable. The only snag is remembering where you found a particular collections, exhibit or link! By the way, the overview of digital historical databases deals with subscription databases.

The first series of digitized archival records consists of some 170 medieval rolls, mainly manor rolls and account rolls, most of them stemming from five villages in different English counties (Cheshire, Hampshire, Sussex, Staffordshire and Suffolk). Some items are effectively not rolls, but charters. The time range of the items goes from 1305 to 1770, with therefore not just medieval sources. These rolls will be successively digitized during the coming years. As for now you can read online only items from Moulton in Cheshire, with just one court roll [no. 20, Lenten court, 30 Henry VIII (1539-1540)]. There is an online finding aid (inventory) with descriptions of all items and whenever available links to their digital version. To assess the variety of materials digitized at Harvard Law School you might have a look at an earlier post here about medieval rolls. English manor rolls could be easily found using the Manorial Documents Register of the British National Archives. I find it harder to get an overview of them using the new Discovery portal, but in the end you can find for example other rolls for Moulton Manor.

The series of medieval legal manuscripts at Harvard Law School has been divided into two section, the first with forty registers of statutes dating from the early fourteenth century until 1500, the second for nineteen registers of writs. The oldest register of writs (Registrum brevium with also some tracts) dates from around 1275 (HLS MS 24), the latest one from around 1476 (HLS MS 25). One manuscript contains also yearbooks and tracts (HLS MS 193, around 1350). The volumes with compilations of statutes often contain the text of Magna Carta. The oldest manuscript present at Harvard which includes Magna Carta dates from around 1300 [HLS MS 57, Magna Carta cum Statutis]. You can also search for these manuscripts within the HOLLIS catalogue of Harvard University Library, using the filed “Other call number” and entering “HLS MS XXX”, with XXX for the manuscript number.

HLS MS 172, Sherriff's Magna Carta, around 1327

“Sherriff’s Magna Carta”, around 1327 (?, circa 1298) – Harvard Law School, MS 172

A splendid example of the presence of Magna Carta in Englsh legal life is a socalled sherriff’s Magna Carta said to date from around 1327 (HLS MS 172). However, in the overview of manuscripts it is suggested with due hesitance that it might even date from 1297 or 1298. Such copies were read aloud four times every year.

At the website of the Ames Foundation you can consult an overview of all these registers and manuscripts. The Ames Foundation invites scholars to provide more detailed descriptions of manuscripts, something until now only done for HLS MS 184 which contains the Statuta vetera, writs and some tracts. The description of this manuscript does refer to the overview of manuscripts created by John H. Baker, English legal manuscripts in the United States of America : a descriptive list (2 vol., London 1985-1990; Selden Society; reprint 2 vol., Buffalo, NY, 2010), and earlier in English legal manuscripts, vol. 1: Catalogue of the manuscript year books, readings, and law reports in the library of the Harvard Law School, John H. Baker (ed.) (Zug, 1975). The new description of HLS MS 184 gives you for each item in the manuscript the link to the digitized page. For many items you will find a reference to the numbering in the Statutes of the Realm or additional information about editions. The meta-data of the manuscript are not forgotten either. In my humble opinion this example sets a standard for describing English medieval legal manuscripts. The name of the author of this description should definitely be added.

The overview created by the Ames Foundation makes it very clear that what we encounter here is not just a very regular set of manuscripts. These manuscripts at Harvard will show surprises to those scholars who start with the large labor of dealing in-depth with each of them. The overview points to an unedited tract in HLS MS 24b, a single leaf with a large section of the Tractatus de bastardiae, described in 1997 by Jerome Arkenberg. ‘The Story Behind a Stray Manuscript Leaf’, Harvard Library Bulletin, n.s. 8.4 (1997) 46–54, an article available also online. I am sure this is only an example, and not an exception of a text yet to be edited and studied.

The digitized manuscripts help us to come closer to the actual versions of texts seen by those dealing with legal matters in the late Middle Ages, and this can correct the more synthesized critical editions of texts such as the Statuta vetera et nova. A comparison with the text versions printed in incunabula editions comes also much more feasible, and these early editions, too, can now be found in digital versions, too. The Gesamtkatalog der Wiegendrucke (GW) at the Staatsbibliothek zu Berlin and the Incunabula Short Title Catalogue (ISTC) at the British Library increasingly point to digital versions . You can search in these online catalogues for Statuta regnorum and Statuta Angliae or use the GW overview of all editions of statutes.

Magna Carta seen in perspective

In the year of the celebrations around 800 years Magna Carta the newly digitized manuscripts at Harvard show above all Magna Carta did not stand alone. It got a place alongside other statutes of the realm. It would be most interesting to see what place or impact Magna Carta had on actual writs, and for answering this question, too, you can now consult at home on the screen of your computer or tablet the digitized registers of writs kept at the magnificent holdings of Harvard Law School. You will benefit also from the resources and articles brought together at the website of the Magna Carta Research Project. As for medieval canon law and Magna Carta, you could very well start with reading an online essay by Anne Duggan at the website of the project Early English Laws. A look at these earlier laws helps also to discern with more precision the new elements within Magna Carta.

At my own web page about legal history you can find among the information about the history of the common law links to other online resources for this subject which merits continuing attention because of the continuities and changes in the history of Anglo-American law at large. Apart from its printed publications and the priceless online Index to Year Book Reports (David Seipp, Boston College) the Ames Foundation is working with Harvard Law School to create further digital access to resources in the field of the history of the common law and medieval law in a wider sense.

The definitive history of Magna Carta will not be written because every generation will come with different questions and methods to approach the old roads to answers, and no doubt each generation will come up with new perspectives worth considering carefully again and again. Thanks to the staff at Harvard University for make these materials accessible for anyone interesting in legal history! As for Et Seq. you can subscribe to its RSS feeds, simply follow the 852 RARE items of this library blog or follow @hlslib at Twitter. If liberty is a value to treasure and foster you cannot pass by in silence this Icon of Liberty, the telling subtitle of a special website created by the American Bar Association for this year’s Law Day (May 1). Magna Carta 800th will keep you informed about many of this year’s celebrations. Among this year’s online exhibitions are Exploring Magna Carta of Boston College Law Library and The Magna Carta (Great Charter), 1297 of the Parliament House, Canberra.

A postscript

Linking Magna Carta and medieval canon law is not a whim or an isolated idea. On June 16 and 17 a conference will be held at Saint Louis, Missouri on the theme New Constitutions and Constitutional Beginnings: The Fourth Lateran Council and Magna Carta 800 years later. The conference is sponsored by the International Society for Medieval Canon Law (ICMAC). The Fourth Lateran Council is the subject of a congress later this year in Rome, November 24-29, 2015: Concilium Lateranense IV: Commemorating the Octocentenary of the Fourth Lateran Council of 1215.

A theatre of knowledge: Law and justice on show in old book titles

Logo Theatra - Welt und Wissen auf der BühneTheatrical representations of a trial can enthrall an audience. Even when you know actual proceedings were different you are lured into understanding matters in the way they are played in the theatre. Authors and publishers were not slow to realize the attraction of the theatre for book titles. In a German research project several books with the word “theatre” in their title printed between 1500 and 1800 have been brought together. Among them is a considerable number of books concerning law and justice. The project was finished a few years ago, but I think it is worth looking at here.

The right title

Logo HAB

The project at the heart of this post has been supported by the Herzog August Bibliothek (HAB) in Wolfenbüttel. Earlier on I had not really noticed this project at the website of this research library with a focus on Early Modern and baroque literature. However, in the end this notice did awake my curiosity. Scholars from the Universität Kassel worked together with the staff of the HAB to create the project Welt und Wissen auf der Bühne – Theatrum-Literatur der frühen Neuzeit. “World and Knowledge on Stage – Theatrum-Literature of the Early Modern Period”.

The metaphor of the theatre helped to create a visual image for multiple purpose, not just constructing a setting but also the disposition and communication of knowledge. Apart from “Theater” and “Theatrum” authors and publishers used words such as Schau-Bühne and Schauplatz, and of course other languages used their own versions of these words, for example théâtre, teatro, schouwtoneel and schouwplaats. Apart from works in German, French and English Dutch, Spanish and Italian works were within the orbit of the project, The project at Wolfenbüttel aimed at creating a portal with bibliographical information and direct access to some 200 titles. Despite this multilingual starting point the project website is only accessible in German, in clear contrast with the HAB’s website which can be viewed in German, English and some pages even in Latin. At the project website you can go directly to each of the digitized works, execute a full text search in all titles or in a particular work, or visit first the repertory and benefit from the information about the works brought together here.

Title page There is no shorter way to view the qualities of the project than starting to look at a particular work. I have chosen a work by Peter Dahlmann, his Historischer Schauplatz Vornehmer und berühmter Staats- und Rechts-Gelehrten (2 vol., Frankfurt and Berlin, 1710-1715), and I selected it because it was the first work in the list with the word Recht (law) in its title. This biographical dictionary appeared anonymously, but Dahlmann published a similar more general work in 1710 which made his authorship plausible. The description of this work with twenty-seven biographies is most useful, in particular for the overview of the content, information about the context and background, and bibliographical information.

When I looked at the list of extant copies of Dahlmann’s book I somehow became wary. A quick search in the Karlsruher Virtual Library shows indeed more copies than indicated here. The copy of the first volume at the Max-Planck-Institut für europäische Rechtsgeschichte, Frankfurt am Main, too, has been digitized, as announced on the project page at Wolfenbüttel, but I was really surprised to find this title in Frankfurt within the collection of German legal journals from the period 1703 to 1830. Anyway, this title is certainly not widely available in German libraries: VD18, the bibliographical project for eighteenth-century German imprints, has not yet included any copy from the five participating libraries, but the Staatsbibliothek in Berlin, the Sächsische Landesbibliothek in Dresden and the Bayerische Staatsbibliothek in Munich do have a copy of the rare second volume, which has been digitized at Munich. Checking the information about surviving copies seems advisable.

Law on stage

Let’s look which other legal works and books touching the subject of law, jurisprudence and justice have been included at Welt und Wissen auf der Bühne:

– anon., Schauplatz der Betrieger (Hamburg-Frankfurt 1687) – a book about impostors and forgers – description
– anon., Hamburgisches Mordt-Theatrum (s.l., 1687) – a book describing the trial for the murder of a merchant from Hamburg – description
– anon., Theatro politico del honor y manifiesto legal de la santa iglesia Catedral de Zamora (s.l. [Zamora], 2 vol., 1730-1732) – a treatise about the jurisdiction and rights of a Spanish cathedral
– [Christoph Peller], Theatrum Pacis, Hoc Est: Tractatuum Atque Instrumentorum Praecipuorum (2 vol., Neurenberg 1683-1685) – a collection of peace treaties
– Johann Abelinus and Matthaeus Merian, Theatrum Europaeum (21 vol., Frankfurt 1633-1738) – a chronicle of near contemporary European history, often supported with legal documents – description
– Giovanni Battista Argiro, Theatrum universi juris (2 vol., Rome 1729-1734) – a legal bibliographical repertory guiding to commentaries for Roman and canon law
– Lorenzo Arrazola et alii, Enciclopedia española de derecho y administracion, ó Nuevo teatro universal de la legislacion de España è Indias (13 vol., Madrid 1848-1872) – an encyclopedia for Spanish law and government, including colonial law
– Angelo Auda, Theatrum regularium, in quo brevi methodo, variae decisiones, tam apostolicae quam Ordinis Minorum de observantia […] exarantur (Rome 1664) – ecclesiastical law concerning the Franciscan order
– Giovanni Battista Carmen Fattolillo, Theatrum immunitatis, et libertatis ecclesiasticae tam theorice, quam practice fideliter excerptum juxta Gregorianam bulla (2 vol., Rom 1714) – a work concerning immunity in canon law
– Giovanni Battista de Luca, Theatrum veritatis et iustitiae (18 vol., Cologne 1688) – De Luca’s famous often reprinted encyclopedic overview of all fields of law
– Camillo della Ratta, Theatrum feudale (2 vol., Naples 1637) – a work on feudal law – online, volume 1 and 2, Madrid, Universidad Complutense (at the Hathi Trust Digital Library)
– Jacob Döpler, Theatrum poenarum (2 vol., Sondershausen-Leipzig 1693) – a work on penal law – description
– Anton Wilhelm Ertl, Neu-eröffnete Schau-Bühne, Von dem Fürsten-Recht (Neurenberg 1702) – a book about princes and the law
– idem, Neu-Eröffneter Schau-Platz der Lands-Fürstlichen Ober-Bottmässigkeit (Neurenberg 1694)
– idem, Theatrum Superioritatis Territorialis Noviter Extructum (Augsburg 1684) – these two titles are clearly the Latin original and the German translation of a book on the territorial power of princes
– Adam Joseph Greneck, Theatrum Jurisdictionis Austriacae (Vienna 1752) – an encyclopedia on jurisdiction within Austria
– Georg Philipp Härsdorffer, Der Grosse Schauplatz Jämerlicher Mordgeschichte (8 vol., Hamburg 1649-1652) – a collection of murder stories and trials – description
– Carl Johnson / Joachim Meier (transl.), Schauplatz der englischen See-Räuber (A general history of the robberies and murders of the most notorious pyrates) (Goslar 1728) – a book about pirates and piracy
– Milettus Hedrusius, Neu-eröffnete Mord- und Trauer-Bühne (Schwabach 1708) – murder stories
– Johannes Franciscus Löw, Theatrum Medico-Juridicum (Neurenberg 1725) – a collection of treatises on forensic law
– Johann Christian Lünig, Theatrum Ceremoniale Historico-Politicum (3 vol., Leipzig 1719-1720) – a pioneer work about elections and political ceremonies – description
– Karl Philipp Mentzel, Neuestes Teutsches Reichs-Tags-Theatrum (Neurenberg 1733) – a book about the German Reichstag from 1662 onwards
– Johann Joachim Müller, Des Heiligen Römischen Reichs, Teutscher Nation, Reichs Tags Theatrum (2 vol., Jena 1713) – the German Reichstag between 1440 and 1493
– Melchior Adam Pastorius, Theatrum Electionis Et Coronationis Romano-Caesareae (Frankfurt am Main 1657) – not only about the election of German emperors, but with an overview of emperors since Roman antiquity
– Antonio Javier Pérez y Lopez, Teatro de la legislacion universal de España é Indias (28 vol., Madrid 1791-1798) – legislation in Spain and its colonial empire
– Johannes Friederich Reiger, Theatrum juridicum theoretico-practicum (Neurenberg 1724 and 1740) – a German translation of Justinian’s Digest
– Johan van den Sande, Theatrum practicantium hoc est decisiones aureae sive rerum in supremo Frisiorum curia judicatarum (Cologne 1663) – a collection of cases before the Frisian supreme court in Leeuwarden
– Johann Salomon Schülin, Theatrum Conscientiosum Criminale, (2 vol., Frankfurt / Leipzig 1732-1733) – a handbook for procedures in criminal law
– Christoph Heinirch Schweser, Theatrum Servitutum oder Schau-Platz Der Dienstbarkeiten (Neurenberg 1709) – a handbook on legal servitudes and service contracts
– Carlo Spadazza, Theatrum viduile, seu De viduis, ac priuilegiis viduilibus Tractatus absolutissimus, tum legalis, tum moralis, in quo tota viduilis materia elaborata methodo explanatur (Ferrara 1672) – a treatise about widows with attention to relevant law – online, Florence, Biblioteca Nazionale Centrale (at Internet Culturale)
– Mattheus Surrentinus [Matteo Sorrentino], Theatrum et examen omnium decisionum regni Napolitani (Naples 1700) – a collection with jurisprudence from the ingdom of Naples
– Trobat, Juan Bautista: Tractatus de effectibus immemorialis praescriptionis et consuetudinis. Pars secunda, cum miscelanea casuum, et decisionum in Iurisprudentiae Theatrum (Valencia 1700) – a treatise on customary law
– Nicolás Bas y Galcerán, Theatrum jurisprudentiae forensis Valentinae romanorum iuri (2 vol., Valencia 1742-1762) – a book about legal practice and jurisprudence in Valencia
– [Zacharias Zwanzig], Theatrum Praecedentiae (Berlin 1705) – a treatise touching on international law and ceremonial law – description

With some 35 works in a selection of 200 books law and jurisprudence seem well represented. It is a pity that in view of a total of some 180 descriptions you find here for just seven legal works a specially created description. However impressive this list, it does lack at least one noted legal work, the Amphitheatrum legale of Agostino Fontana (4 vol., Parma 1688 – online, Hathi Trust Digital Library). Sadly the list does not have for each work a description or a link to a digital version either from the collections of the Herzog August Bibliothek or elsewhere, and I have tried to supply such additional information here. On the other hand, in the case of the Theatrum Europaeum one is duly guided to a digital version of a later edition (21 vol., Frankfurt am Main 1646-1738; online at Augsburg).

In mentioning the Theatrum Europaeum we arrive at a central problem in dealing with this project. If the scholars creating the project had already difficulties in dealing with legal texts, how can a general user determine the nature of a particular work? In my view there is only one road to answer this question, to take the time to get hold of a work or to view a digital version, and to look beyond the title page. In this respect it would also have been helpful to have a translation of the book titles in Polish. In an earlier post I wrote about the Theatrum Europaeum as a useful source for the text of peace treaties. I am sure I have missed some works with legal contents in this list, but I have also excluded on purpose in my selection works on geography which surely do contain information about legal matters in a particular region or country.

Behind the scenes

How representative is the selection of works at Welt und Wissen auf der Bühne? It did cross my mind to look at the digital projects for baroque literature at the Universität Mannheim. The CAMENA project created a network of digitized works from the early Modern period, with for law a number of works in the section Historica & Politica. The Universal Short Title Catalogue (USTC, University of St. Andrews) has as its aim bringing together sixteenth-century books. I invite you to check the digitized works at the Heinsius Collection of Neo-Latin works published in the Dutch Republic (Universiteit Leiden), to visit the website for Nordic Neo-Latin literature (Universitetet i Bergen), or to walk through the alphabetically ordered Philological Museum (Dana Sutton, University of Birmingham). The German project does include only three titles for music, and the USTC, too, gives a very restricted number of similar titles. In its present state it does already offer a fairly complete overview of literature with some form of theatre in its title published during this period.

More incisive is the question how important these legal works were and are: do we have here a parade of the great and influential works? It is safe to say that at least De Luca’s work was most influential. Of some authors we have here less well-known works: Lünig (1662-1740) is better known for his massive Das Teutsche Reichsarchiv (24 vol., Leipzig 1710-1722; digitized at Augsburg) and his Corpus iuris militaris (2 vol., Leipzig, 1723). However, his book on ceremonial law is indeed a landmark, and its importance has been highlighted in a book by Miloš Vec, Zeremonialwissenschaft im Fürstenstaat. Studien zur juristischen und politischen Theorie absolutistischer Herrschaftsrepräsentation (Frankfurt am Main 1998). The selection of lawyers in Dahlmann’s Historischer Schauplatz is definitely not what you would expect nowadays of a book with juridical biographies, but this helps in fact to become aware of our own predefined ideas and conventions. One of the strengths of the project at Wolfenbüttel and Kassel are the references to relevant literature, even if this is often restricted to literature in German. A number of these modern scholarly texts can be read online.

The project title World and Knowledge on Stage itself immediately remembered me of proverbial lines by Joost van den Vondel, a seventeenth-century Dutch author: De wereld is een speeltoneel, elk speelt zijn rol en krijgt zijn deel, ‘the world is a theatre, everyone plays his role and gets his part”. These words were composed for the opening of the municipal theatre of Amsterdam in 1637 and put above its entrance. Maybe this echoes a thought expressed by Erasmus in his Praise of Folly (ch. 29)A second proverbial saying of Vondel brings us closer to law: “De wetten zwijgen stil voor wapens en trompetten” [The laws are silent in front of weapons and trumpets]. The metaphor of the theatre helps us to look for the roles people played and the subjects brought to the limelight or left in the wings. It struck me how many titles in the German project refer to wars and conflicts. Any title with the word theatre invites you to enter another world. You might encounter unfamiliar laws or meet a kind of justice that functions differently than you had imagined before.

A new start in medieval canon law

Pope Boniface VIII knew exactly how important the choice of the right opening words was, especially for such publications as his decrees, encyclical letters and decretals. His decretal Rem non novam (Extrav. comm. 2.3.1) issued in 1303 gives its name to an event signalling a development that is partially new and partially a continuation, the restart at New Haven of the Stephan-Kuttner-Institute of Medieval Canon Law. An inaugural conference which takes its name from Boniface VIII’s decretal will be held on May 21 and 22, 2015. New Haven was home to the institute from 1964 to 1970 when Stephan Kuttner, its founder, hold a chair at Yale University. His institute has figured already several times at my blog. It seems right to bring in this post also to your attention the call for papers for the Fifteenth International Congress of Medieval Canon Law, to be held in Paris in July 2016. Both events are mentioned in the congress calendar of my blog, but in my view they merit more attention.

A new start

Banner rem non novam conference at New Haven

Stephan Kuttner (1907-1996) founded the Institute of Medieval Canon Law in 1955 at the Catholic University of America in Washington, D.C. In 1964 Kuttner moved to New Haven, and in 1970 he brought the institute to Berkeley, CA. In 1991 the institute moved officially to Germany. In 1996 the library arrived at the university of Munich. I was involved in the restart of the IMCL at Munich, in particular for creating a catalogue of the books in Kuttner’s library, a task done with the gracious support of the Monumenta Germaniae Historica. Elsewhere on this blog I wrote more about the creation and wanderings of the IMCL. In a way Its travels symbolise the crossing of borders necessary in studying the history of medieval canon law. Stephan Kuttner had to cross the borders of many countries, not only for his research but also to find a home for himself and his family. The IMCL is supported by an institution with a long Latin name, the Iuris Canonici Medii Aevi Consociatio (ICMAC) or International Society of Medieval Canon Law.

In 2013 the IMCL returned to the United States, back to New Haven, Connecticut. Yale University offers again hospitality to this institute, now at the Lillian Goldman Law Library. Apart from books the library of the IMCL contains several collections, especially some 8,000 offprints of scholarly articles, several hundred microfilms both from the original holdings of the IMCL and from scholars such as Gérard Fransen and Rudolf Weigand, and Kuttner’s vast scholarly correspondence. At the Yale Law Library efforts have started to make all these riches better accessible. At the Munich website you can access – in English or German – the library catalogue, the offprints catalogue and the database for twelfth-century decretals based on the research done by Walter Holtzmann and other scholars. To the items in the library and offprints catalogues classifications will be added. The program for the critical edition of texts in the field of medieval canon law will be continued. The Bulletin of Medieval Canon Law, since 1971 an independent offsping of Traditio, is now published by the Catholic University of America Press.

To celebrate the return of the IMCL to Yale University and to underline its importance a conference and grand opening will be held on May 21 and 22, 2015, with scholars coming from all over the world. Rem non novam nec insolitam aggredimur, “we tackle a thing that is not new or unusual”, but in fact harbouring the IMCL is special indeed. At its consecutive homes it always added a number of unparalleled collections to its scholarly surroundings. An example: at Munich I catalogued in 1997-1998 for the IMCL ten publications concerning the Spanish scholar Antonio Agustín. I was hard pressed to find any library worldwide with at least half of these publications. The great variety of resources now present at New Haven are already reflected in the abstracts of the papers to be presented at the May conference.

Reuniting scholars every four year

Banner ICMCL Paris 2016

With Gérard Fransen (Université Catholique de Louvain) and other scholars Stephan Kuttner organized a conference about medieval canon law in Brussels in 1958. A second conference held in Boston followed in 1963, and a third in Strasbourg followed in 1968. Since 1968 these congresses are held every fourth year, alternately organized east and west of the Atlantic Ocean. The Fifteenth International Congress of Medieval Canon Law will be held at Paris from July 17 to 23, 2016. The Institut d’Histoire du Droit of the Université Paris-II (Panthéon-Assas) will be the host of this congress, with support from the Université Paris-Sud and other well-known research institutes in Paris.

Over the years a division of the congress into six sections has been developed. For many years research concerning Gratian occupied a separate section or at the very least dominated the section on sources and texts. However, in view of the steady progress of the edition of the first version of Gratian’s canonical collection this theme will surely return. Proposals for papers can be sent to callforpapers@icmcl2016.org before September 30, 2015.

It might seem carrying coals to Newcastle, but it might be actually important to look a bit closer to the proposed sections for the 2016 congress at its bilingual website. Sources and texts fall into the first section, and canonical doctrine into a section of its own, fair enough. The third section is reserved for institutions, legislation and procedure. The application and influence of canon law make up the fourth section. Relationships between law and theology are the subject of the fifth section, and the last section will deal with schools and teaching of law.

In my view this division shows very convincingly that medieval canon law was not something static and monolithic, even when dealing with eternal values and returning problems for a still united Christendom. Canon law had to react when new laws appeared that might be in conflict with the norms and values it enshrined. Legal matters did touch upon Christian beliefs and vice versa. In the twelfth century it was still difficult to distinguish at all between canon law and theology, and it would be shortsighted to tear them apart too early. Canonical influences can clearly be detected in the procedures of courts, even in courts of civil law. In medieval universities schools rose which defended particular positions about points of law, and of course views changed or gained the upper hand or lost their power. Canon law depended to a certain extent on revived Roman law, but it could as well change the impact of Roman law.

Continuity and change

The original decretal of Boniface VIII deals with a matter that should attract closer attention in the year with celebrations for 800 years Magna Carta. The decretal’s first sentence was “Rem non novam aggredimur, neque viam insolitam ambulamus”, words slightly changed by the organizing committee in New Haven. While borrowing from the preface to Cod. 3.1.14, this pope did change canon law. His decretal was a stepping stone in anchoring norms for valid legal procedure, ensuring that defendants had the right to be brought before a court. The clause of Magna Carta claiming the right to appear before a judge of one’s equals had not yet taken this step forward of granting anyone the right to receive justice in a well-ordered way. Due process is a characteristic of legal procedure shaped to considerable extent by developments in medieval canon law.

Scholars studying medieval canon law have not confined themselves to reading and analyzing only legal texts. Randy Johannesen wrote about the contemporary surroundings and consequences of the decretal Rem novam [‘Cardinal Jean Lemoine’s gloss to Rem non novam and the reinstatement of the Colonna cardinals’, in: Proceedings of the eighth international congress of medieval canon law, Stanley Chodorow (ed.) (Città del Vaticano 1992) 309-320]. Tilmann Schmidt published Der Bonifaz-Prozess : Verfahren der Papstanklage in der Zeit Bonifaz’ VIII. und Clemens’ V (Cologne, etc., 1989) about the steps taken against Boniface VIII himself. These are just two examples, but much more can be added to them, as a search within for example the online bibliography of the Regesta Imperii at Mainz can quickly confirm. Looked at in vitro medieval canon law looses its significance for legal history at large, but time and again it is possible to show its many and surprising connections not only with all layers of medieval society, but also with legal developments right until our century.

Creating convincing arguments in court

Banner image of two muses, Themis and ClioLately I was gently pressed to add a particular blog to my blogroll. I argued that it does not deal primarily with legal history, although it is in many respects a most valuable blog. Even after a second plea, accompanied with a nice variant on Ceterum censeo… I still stick with my argument, but in fact this blog had already been included in my blogroll…  On closer inspection of the links now present I also looked at the growing number of online journals in open access dealing with legal history. The latest issue of Clio@Themis [8 (2014)] deals with the history of legal argumentation, a theme which has had my interest since many years. I also spotted the announcement of an upcoming scholarly event in May on this subject. Nomôdos, the blog of Clio@Themis, is most useful in tracing new publications and announcements concerning legal history in France. Thus it is a source for my congress calendar, and of course it is listed in my blogroll. These two subjects give me enough materials for this post.

Arguments in courts

Clio@Themis is a French scientific journal with most of its articles in French, with abstracts in English added to them. The journal has a tradition of including as a bonus a French version of classic legal articles. Its latest issue called L’argumentation au cœur du processus judiciaire skips this feature. Seven articles deal with legal argumentation in court proceedings. Two other contributions are only loosely connected with the general subject of this issue.

Logo CHJ Université-Lille 2

Catherine Denys and Naoko Seriu introduce the theme of this number and elucidate briefly the subjects of the seven articles which originated at three days of scholarly encounters around this theme in 2012 at the Centre d’Histoire Judiciaire (Université Lille-2). They describe a shift from viewing legal argumentation solely as part of legal doctrine to an approach akin to the way philosophers, sociologists and linguists deal with speech acts. The history of the judiciary and legal practice is here the primary field of investigation. The use of arguments is seen here as a part of a strategy to get favorable results in court.

The focus of all articles is on three European countries during the Early Modern period, with the exception of two articles dealing with subjects from the nineteenth and twentieth centuries. In the first two articles the sixteenth century comes into light. Alain Wijffels discusses procedures claiming revisions of earlier trials at the Grand Conseil de Malines, the highest court of the Habsburgian Low Countries. The appeals for revision should be allowed in cases of factual errors (error facti) and in principle not for any legal error (error iuris), but in actual practice both kinds or error could be redeemed. The interesting thing is how lawyers at Malines argued about this state of affairs.

Marco Cavina deals in his contribution – in Italian – with the views of Carlo Ruini and Andrea Alciato concerning the different types of legal counseling in consilia. Alciato sketched a model with different approaches used by lawyers. Some went for subtle reasonings (subtilitates), others for the archetypical Renaissance – but essential medieval – abundance (copia) of allegations from Roman and canon law, and a third group imitated the brevitas of the classical Roman lawyers and their compact way of expressing opinions. Alciato frowned upon publishing consilia for several reasons, but his own contributions to this genre, too, were posthumously printed.

Isabelle Arnal-Corthier looks at materials sometimes presented to the Parlement de Toulouse in criminal appeal cases between 1670 and 1700. Instead of just a hearing of the accused for an appeal in criminal cases as punctuated in the royal ordinance of 1670 barristers often brought also a lettre de cassation to this court. The defense adduced in these cases mainly arguments about the competence of lower courts, insufficient evidence or irregularities during judicial procedures.

Yet another French court, the Parlement de Tournai and its third chamber in the late seventeenth century, figures in an article by Jacques Lorgnier who deals with cases concerning property rights and conflicts about the cost of church repairs. This foray into actual argumentation leads him to the hypothesis that the justiciables, the people going to court and their legal representatives, trusted the workings of rational arguments in the face of solid proofs within the framework of legal procedure.

Logo ADN

At this point I would like to mention the great resource created by legal historians at Lille for doing research into the history of the Parlement de Flandre. In the database ParleFlandre you can find more than 30,000 dossiers from the série 8B1 at the Archives Départementales du Nord (ADN) in Lille. Lorgnier uses cases from another series of dossiers at the ADN, the série 8B2. For the history of the Low Countries the archival collections at the ADN contain many important documents. At Fontes Historiae Iuris, the virtual portal at Lille to digitized resources concerning French legal history, is a section with further resources for the Parlement de Flandre.

Naoko Seriu looks at a scarcely known crime at the end of the Ancien Régime, the illegal sale of military goods by deserters, in particular uniforms. Records of trials survive in which individuals were charged with buying these illegal uniforms or the vendors themselves were charged with this crime. Seriu compares the verbal strategies used and the particular differences in approach to exculpate themselves. I could not help noticing that the examples of cases stem mainly from Brittany, in fact from just one modern département, Ille-et-Vilaine. A comparison with other regions might be useful. At the EHESS in Paris Seriu studied with Arlette Farge, a French historian who has devoted much attention to the way stories are told in historical sources, recently in Condamnés au XVIIIe siècle (Lormont 2013).

Forays into the twentieth century

Bruno Debaenst (Ghent) brings us from France to Belgium and much closer to the twentieth-first century. In his contribution (in English) he has studied trials concerning accidents during work in around Mons between 1870 and 1914. Using dangerous machinery, imperfectly prepared surroundings, shortcomings in labor organization, and workmanship not up to demands were among the arguments heard around these cases. In these years the Belgian code of civil law still was a virtually unchanged version of the French Code civil, with scarcely attention to actual circumstances in an industrial society. Debaenst describes also the use of reports by experts, criminal investigations and testimonies. In the face of inadequate means to deal conclusively with liability defendants had much opportunity to evade responsibility for what happened in their firms, thus reaffirming the gap between workers and patrons.

In the last article of this special Frédéric Chavaud brings us to familiar scenes from modern crime series on television. He looks at the use of emotions between 1880 and 1940 as arguments at the Cour des Assises, the highest criminal court in French departments. Tears, laughter and fear were not only used by barristers and defendants, but also by others in court. Studying the history of emotions is not without its pitfalls, and Chavaud rightfully points to some pivotal studies. He uses mainly contemporary public reports about trials, and not the actual dossiers of the cases. These reports do convey a vivid image or proceedings, but one can suspect that their authors also follow well-known tracks to please the expectations of their readers. Of course it is exactly important to notice such bias and detect changes in them. Emotions can and could break rational arguments and reasonings, specially when directed at juries. Chavaud clearly focuses on the contemporary perception of emotions, and he rightly mentions studies about emotions in court published between 1920 and 1940.

The range in time of this special is pleasing, from the sixteenth to the twentieth century, and we read about both civil and criminal law. The geographic focus, however, is on France, even when admittedly you get a most varied view of French legal history. Luckily the Low Countries, Belgium and Italy add a European dimension. Lorgnier is the only author to mention the use of topical argumentation. I am afraid it is not quite possible to expand here very much on any of the articles presented here. You can always wish for more, and therefore I invite you now to the second section of this post about a congress where you might pursue this aim very soon.

Studying legal controversies

Banner Rennes 2015

La controverse. Études de l’histoire d’argumentation juridique [Controversy. Studies on the history of legal argumentation] is the title of the coming Journées internationales, the yearly congress organized by the Société d’Histoire du Droit. This year’s congress will be held at Rennes from May 28 to 31, 2015 with the Centre d’Histoire du Droit of the Université de Rennes-1 acting as its hosts. You might want to have a good look at the generous links section of their website and at its own digital library. Rennes is the capital of the département Ille-et-Vilaine mentioned above, and participants might want to visit the Archives départementales. The call for papers is still active. Proposals should be sent before March 10, 2015, and this is the closing date, too, for registration (mail: shd.rennes@gmail.com). Rennes is well worth visiting, in particular for the building of the old Parlement de Bretagne. Saint-Malo and the Mont-Saint-Michel are not far away.

Young scholars, too, get a chance at Rennes. There will be a atélier doctoral organized in cooperation with the Association française des jeunes historiens du droit, a society of young legal historians founded in 2013. You can send your proposals until March 30, 2015 (mail: assofjhd@gmail.com).

The congress wants to approach controversies both as a phenomenon within the territories of law, be it the judiciary, legislation or doctrine, and as historical cases of conflicts about a plethora of possible subjects. What was the impact of certain schools of thought? Which impact had other disciplines on legal theory and practice? It is perhaps necessary to keep in thought that the international dimension of the Journées was and is traditional that of the French-speaking world at large, the francophonie. The blog like website at Rennes nicely mentions the exceptional use of English for any communication. In a region with many British and Dutch visitors one might expect the start of a change to that tradition.

This post with a French flavor should also remind readers from the Anglophone world that those speaking and writing English are not the only possible center of the world of science. It can be truly useful and illuminating to know about different approaches in other countries, to practice them yourself or to use your approach on foreign ground in order to see how universal it really is. Anyway, I have tried to convey something of my joy in discovering this special of an online legal history journal, and I might well do this here again. In my blogroll or for example at Nomôdos or the blog of the European Society for Comparative Legal History you can choose from many online journals in the fields of legal history.

Laws and the French Revolution

The French Revolution remains a most interesting and influential period of French history, with an impact far beyond the borders of France. Its great events, the shifts in power and the colourful personalities make it into a subject which continues to hold worldwide attention. At the center of change were the activities of the French national assembly. Revolutionary decrees and laws were one of the prime factors changing many aspects of French society and daily life. Two new digital portals help researchers to access online a veritable treasure trove of relevant materials. In this post I will make a tour of them. This post aims also at laying the foundations for further postings about French legal history. In fact it is solely for reasons of economy and for the comfort of readers that you will find a nucleus of materials lifted out from a larger context. Rather than causing confusion by publishing a very long post with lots of threads I invite you to wait how this post connects with upcoming posts about France during the Ancien Régime and the French Revolution.

Finding the laws

How closer one comes to contemporary history, the more overwhelming the sheer masses of information become. The sheer scope and scale of dealing in any depth with France during the Ancien Régime has become more impressive since you can command a wealth of resources from you computer screen, but in fact you are faced with mountains of information.

It used to take great efforts at research institutions in Paris to get access to materials. My supervisor at Rotterdam, the late Chris ten Raa, became during the sixties nourri dans le sérail doing research in Paris on French judicial institutions created during the French Revolution. I am sure he would have delighted in having so much more at your disposal at touch screen distance. This does not displace the immediate contact with sources and knowing your way in French archives and libraries, but it does most definitely enlarge the scale of research.

Chris ten Raa had been intrigued by Voltaire’s remarks about the juge de paix, a lay judge dealing with cases in a prejudicial phase, and thus bringing justice much quicker and closer to people. Voltaire wrote approvingly about such judges active in Leiden. How much did he influence the eventual plans for installing juges de paix as part and parcel of French judicial reform? Before he became a legal historian Ten Raa himself had worked as a judge. He looked at the cahiers de doléances of 1789 and traced the discussions in the French revolutionary assemblies leading to the law proclaimed on August 16, 1790. He described the early history of an institution which the French also brought to Belgium, the Netherlands and the French territories in Germany. He published the results of his research as De oorsprong van de kantonrechter [The origin of the juge de paix] (thesis Rotterdam; Deventer 1970). At Rotterdam he led in the nineties an international project with the Centre d’Histoire Judiciaire (Université de Lille-2) to investigate in more depth the workings of these judges and other French legal institutions, for example the conseil de famille, which had come to other countries as legal transplants. A very recent study on this subject was published by Guillaume Métairie, Justice et juges de paix de Paris (1789-1838), Étude institutionnelle et biographique (Limoges 2014).

Laws and decrees

Banner Collection Baudouin

The two portals in this post, too, are the fruits of international cooperation. The ARTFL project (American and French Research on the Treasury of the French Language, University of Chicago) was involved in the project for the digital version of the Collection Baudouin, now accessible at a website of the Université de Paris-I (Panthéon-Sorbonne). Other institutions were involved, too, for the realization of this portal, for example the Archives nationales. This digital collection offers you nothing less than a searchable version of the décrets et lois of the Assemblée Nationale between 1789 and 1795. A complete set of the 67 volumes of Baudouin’s collection, the Collection générale des lois, is very rare to find. The famous dictum Nul n’est censé ignorer la loi, nobody is supposed to be ignorant of the law, can now become true when you can deal at your finger tips with more than 20,000 laws and decrees. François-Jean Baudouin was the publisher who faced the challenge to publish the vast stream of legislation, and the portal offers information about his life and work.

The database with the decrees and laws can only be viewed in French. You can access the laws by volume which brings you images of the printed editions (mode image) or by looking for particular texts (mode texte). At the web page for the first search mode you will find also a link to a tool for converting revolutionary dates into normal dates according to the Gregorian calendar. The recherche dans le texte is an advanced search mode. I looked for the law concerning the juges de paix of August 16, 1790, and I could quickly find it. These judges do not appear in the title of this law, one thing that made searching for them in the printed volumes rather cumbersome. Other elements of the portal deserve attention, too, such as the two glossaries for common French words and for proper names which both often appear in variant spellings. There is a section with information about recent publications about French revolutionary legislation, some of them available online, and a section on scholarly events accompanying the work on this portal. Of all sources and resources about the French Revolution you find here at one point access to its very fountain head. It is here you can trace in the préambules the echos of proposals made by the French philosophes and by Frenchmen themselves in the cahiers de doléances.

Before going to the second portal I would like to mention some of the digital resources offered by the Archives nationales. In its ARCHIM database are French constitutions since 1789 and a selection of 42 documents about the French Revolution, and since 2014 also twelve digitized manuscripts of Robespierre. The links selection of the Archives nationales is also very helpful. Initially I missed here the Base Choiseul for searching French treaties, but this database has recently been integrated with the Pacte database for traités en vigueur (treaties in force) into the Base des Traités et Accords de la France, where you can find also a useful survey of treaty collections.

The Archives parlementaires

Image FRDA Stanford/BnFStanford University Libraries have partnered with the Bibliothèque nationale de France (BnF) for the magnificent bilingual portal French Revolution Digital Archive/ Archives numériques de la Révolution française (FRDA/ANRF). There are two main sections, the digital edition of the Archives parlementaires for the years 1787-1794, and Images of the French Revolution, For some reason I thought these images came from the Institut d’Histoire de la Révolution Française (IHRF), because a reshuffling of its materials has made the website of this research institute at present rather confusing. For some years after 1794 the IHRF offers at least links to digitized versions of the Bulletin des lois (1795-1799, 1804 and 1806).

For reasons of copyright the FRDA portal contains only those volumes of the Archives parlementaires published before 1914. The series started as a governmental initiative but soon scholars took over the project. The editions give us in chronological order not only parliamentary deliberations, but also the full text of letters, reports and accounts of events by journalists. The 82 volumes now available online deal with the period from May 5, 1789 until January 4, 1794, and are supplemented by a list of the remaining volumes for 1794. You can use a free text search, but also narrow your searches to particular periods and persons. Further limits can be set to a particular volume, assembly, reports of séances (sessions) or other resources, and even to people surrounding a particular person.

At the FRDA portal you can follow not only the deliberations of the representatives, but it is also possible to read online a number of cahiers de doléances in the edition of the first six volumes of the Archives parlementaires. The website of the Archives de France have created a very useful overview of online resources, with for example at four archives départementales digitized cahiers de doléances [for the AD Charente at Angoulême, AD Haute-Loire (Le Puy-en-Vélay), AD Maine-et-Loire (Angers) and AD Hautes-Pyrénées (Tarbes). At WikiGenWeb is an overview of digitized records in French departmental archives, with also digitized cahiers de doléances at the AD Tarn (Albi), AD Loire-Atlantique (Nantes), AD Nièvre (Nevers; série 1 L 161-162) and AD Saône-et-Loire (Mâcon). I hesitated to give you here the full links, but at some websites the actual links are not easily spotted. Of course you can go to Gallica to find much more, but it is good to see these primary sources in their original settings. Viewing the original documents helps you to appreciate the value of later scholarly editions. For some subjects there are separate critical editions in print of cahiers de doléances.

The Bibliothèque nationale de France offers within its Gallica digital library a fine selection Essentiels du droit, with in its first section sources législatives et réglementaires. For the French Revolution you can find such series as the official Bulletin des lois de la République Française, available from 1789 to 1931, the Collection Duvergier with laws, decrees and ordinances from 1788 to 1938, and the Recueil général des anciennes lois françaises (“Collection Isambert”; 29 volumes, Paris 1822-1833). Jurisprudence starting from the late eighteenth century can be found in several series of sources jurisprudentielles, among them the still existing Recueil Dalloz. The sheer impact and continuity of the French Revolution and the subsequent incarnations of the French republic is nowhere more clear than in these series, although it might seem a drawback that you cannot not find so easily sources for a more narrow period. However, among the eternal questions surrounding the French Revolution is the very question when it ended. The French Revolution is the classic case for looking at both continuity and discontinuity, for beginnings and endings which can be seen from an infinite number of angles. The material sources of French laws between 1789 and 1795 are the subject of a recent special of the French online journal Clio@Themis.

For French legal history the support of the Bibliographie d’histoire de droit en langue française (CLHD, Nancy) is most welcome. Its database can be consulted both in French and English. The liberal use of keywords in the thesaurus (“topics”) search helps you to search systematically for a particular subject. For the French Revolution and for legislation you can distinguish between scores of subjects and themes. It brings to your attention several reference works, for example the Dictionnaire de l’Ancien Régime, Royaume de France, XVI-XVIIIe siècles, Lucien Bély (ed.) (Paris 2005), the Dictionnaire de la culture juridique, Denis Alland and Stéphane Rials (eds.) (Paris 2005) and the massive Dictionnaire critique de la Révolution française, François Furet and Mona Ozouf (eds.) (5 vol., Paris 2007). The emphasis in this bibliography is on publications in French. Of course there are books missing, for example Edna Hindie Lemay (red.), Dictionnaire des Législateurs, 1791-1792 (2 vol., Ferney-Voltaire 2007). However, her Dictionnaire des Constituants, 1789-1791 (Oxford 1991) has been included. You can read online Lemay’s posthumously published article ‘Les législateurs de la France révolutionnaire (1791-1792)’, Annales Historiques de la Révolution Française 347 (2007) 3-28, an article that she had wanted to be read alongside her second dictionary. It serves indeed as a quick guide to the differences and continuities between the people building the Assemblée constituante and the Assemblée législative.

Recently Patrick Arabeyre, Jacques Krynen and Jean-Louis Halpérin published the second edition of their Dictionnaire historique des juristes français, XIIe-XXe siècle (Paris 2015). Let’s finish this paragraph with yet another dictionary, this time available online in French and English, the Dictionnaire Montesquieu, a guide to the history of political thought in eighteenth-century France. A number of its articles deal with law and justice, and it can serve as a reference work. The dictionary is a part of the Montesquieu project at the École Normale Supérieure de Lyon.

A never-ending story

With Montesquieu we crossed the broader between the French Revolution and the Ancien Régime, and between the people giving laws to a new nation and the authors inspiring them. I find it difficult to stop here when it is so clear that these two magnificent portals for the legal history of the French Revolution should be and are at the center of a veritable galaxy of other resources. Studying and researching the French Revolution has become a specialized industry. In a sequel to this post I will take my lead from a part of the FRDA portal which I have left out here, its image database, and I am sure I will discuss other resources as well.

For everyone wanting already to find out more about the French Revolution I can at least mention here some online resources, and what follows is definitely only a selection. Normally the website of the IRHF should be a starting point, especially in combination with the online journal Annales Historiques de la Révolution Française. In the absence of an online version of the Bibliographie annuelle de l’historie de France, the French general historical bibliography, you can gain information about relevant publications in the Bibliographie nationale française, with publications since 2001, a service of the BnF, and in Benoît Melancon’s XVIIIe siècle: bibliographie (Université de Montréal) with publications from 1992 onwards. A resource in German, the WebGuide Geschichte at Historicum, is most useful, certainly when combined with the section concerning the French Revolution at this history portal, with in particular its Bibliographie bicentenaire. The archived version of a special subdomain of Historicum about the French Revolution is worth checking, too. The online journal Révolution Française. L’esprit des Lumière et de la Révolution brings articles and notices in a well-organized fashion, and in some cases quick access to online materials. In its section Éditions you can go to online versions of two recent books about such figures as Barnave and Marat.

I cannot think of a better end here than bringing you back to Chris ten Raa who remained a faithful visitor of the Bibliothèque Cujas in Paris. Its printed and online resources – including Cujasnum, its own digital library, and its online Iurisguide – will continue to support any research into French legal history.