Category Archives: Manuscripts

Syria’s cultural heritage online, a case for open access

Logo Open Access WeekFrom October 22 to 28 the yearly Open Access Week will be held. Around the world there are initiatives to create open access in various forms. Institutions can choose for degrees of openness for their digital collections. The debate about open access to major scholarly journals is very important for the future of science and its presence in society. In some cases open access is most helpful in tracing, monitoring and preserving cultural heritage. For Syria this is even absolutely vital. In this post I would like to look at some projects aiming to preserve Syria’s cultural heritage. The war in Syria has taken the lives of too many people. Invaluable objects from its long history have been destroyed, and the same fate threatens today.

Syria’s cultural heritage

The Blues Shield logo

The UNESCO has created the Observatory of Syrian Cultural Heritage. Its name sounds like The Syrian Observatory for Human Rights. This UNESCO observatory looks at buildings, movable heritage and intangible heritage, and it launches initiatives for their protection. You can find also information about the actions of UNESCO partners such as ICOM. The ICOM is home to the Observatory on Illicit Traffic in Cultural Goods and the Intangible Cultural Heritage & Museums Project, and ICOM has created other portals as well. ICOM works together with The Blue Shield, an organization which helps the coordination for saving and protecting cultural heritage in emergency situations. The UNESCO lists also other initiatives which aim specifically at Syria, some of the well-known, for example The Aleppo Project and the Damascus History Foundation. I could not help noticing Scanning for Syria, an international project led by Leiden University for scanning archaeological objects at Tell Sabi Abyad in the field and creating virtual reconstructions. You can find publications resulting from the excavations in open access in the Leiden University scholarly repository.

An important resource for finding such initiatives for Syria is the Syriac Reference Portal, but today I could not reach this website. Luckily I bookmarked a number of websites. The Syrian Heritage Archive Project has been created by the Museum für Islamische Kunst in Berlin and the Deutsches Archäologisches Institut. Some of the results can be seen in the iDAi Gazetteer, an interactive map system which is connected with other georeferenced resources. The information for objects in Syria can be approached in several ways, in particular using iDAI objects.

Logo Syri-Ac

The Open Access Week mentions at its website many groups and events, but the very word Syria is sadly missing. It makes me more eager to proceed here to initiatives which offer more substantial contributions for Syria. Syri-Ac is a portal to resources for the Syrian language, literature and culture. There is a generous links section and a scholarly bibliography. Among the valuable sections the overview of digitized Syriac manuscripts stands out. You can use a sortable or a faceted version. The sortable version shows concise descriptions of the contents, and you can perform keyword searches. The faceted version allows you to filter quickly for languages, holding institutions, authors and genres.

The E-ktobe: manuscrits syriaques catalogue created at the IRHT/CNRS (Paris-Orleans) gives currently detailed descriptions of a restricted number of Syriac manuscripts. No doubt this resource will grow in strength. One of the largest online collections with Syriac manuscripts with manuscripts actually held in Syria is presented in the Virtual Hill Monastic Museum and Library, better known under its acronym vHMML. You can view manuscripts after registration. No registration is needed for the palaeographical introduction to Syriac scripts in the online School of the HMML. A perhaps unexpected number of digitized manuscripts and fragments containing items in Syriac can be found at the portal of the International Dunhuang Project, but thanks to Syri-Ac you are alerted to nearly 650 fragments. The Dunhuang project deals mainly with Tibetan texts and manuscripts found in the Chinese town Dunhuang.

Epigraphy is a scholarly field with a tradition for researching a part of Syria’s cultural heritage. Searchable Greek Inscriptions has an overview of online resources for Greater Syria and the East. In particular but not exclusively Palmyra is mentioned among the resources. The Università Ca’ Foscari in Venice has created The Ebla Digital Archives for royal inscriptions from the third millennium BCE found in Ebla/Tell Mardikh. The closeness of Syria to ancient and modern empires comes into view at the Hethitologie Portal Mainz which deals with cuneiform inscription found in modern Turkey and northern Syria. The Khalili Research Centre of Oxford University is responsible for OCIANA, the Online Corpus of the Inscriptions of Ancient Northern Arabia, an area which covered at least a part of southern Syria.

One of the general resources for Latin inscriptions is the Photographic Database within the Epigraphic Database Heidelberg. You can also search for images of inscriptions at the EAGLE portal. With the EAGLE mobile app you can take photos of inscriptions in situ and compare them with the database.

Finding more

Starts screen Monuments of Syria, Ross Burns

This post could be much longer, but maybe it is important to realize projects can easily be overlooked. Initiatives do not come from just one country. Some countries have institutes in the Middle East which watch developments in Syria carefully, others follow the Middle East since decades both on location and from the outside. The American School of Oriental Research (ASOR) in Alexandria, Virginia, has created the platform ASOR-Syrian Heritage with reports on damage inflicted to cultural heritage. The ASOR has a digital archive for its rich history in archaeological excavations. The University of Wisconsin, Milwaukee, has an extensive digital collection with photographs from the library of the American Geographical Society and also the Wisconsin Palmyrean Aramaic Inscription Project. Damage to archaeological sites in Syria is discussed in particular by the Association for the Protection of Syrian Archaeology. Monuments of Syria preserves literally images of the situation in 2011 and gives links to a number of resources. These are just a few of the websites you, too, can find using the ever-active Ancient World Online blog maintained by Charles Jones. Access to Mideast and Islamic Resources is an online journal which helps you to find just what it promises

Just as we cannot take open access as granted, we cannot afford to think every project concerning Syria can be traced easily. Online maps such as the one concerning the civil war in Syria or a similar map at Edmaps are ready at hand, but you need to search for other resources. It is a lucky situation the results of research in the filed of Classical Antiquity can almost always be found in open access. In Europe many people can benefit from an autumn holiday week. For those who like to sit behind a computer screen or surf with a tablet there is every chance to discover next week lots of resources in open access about a country which goes through a dark period in its long history. For me it would suffice if this post invites you to find out more yourself.

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The Hafliðaskrá, a legendary law

Logo Islendinga Sogur, 2018This summer a very special commemoration will take place in Iceland. 900 years ago the first Icelandic laws, the Hafliðaskrá, came into existence. At the seventeenth International Saga Conference to be held at Reykjavik and Reykholt on August 12-17, 2018, the jubilee made it even into the title, Íslendinga sǫgur / 900 years Grágás Laws. What are the Gragas? What do we know about their relationship to this law? How does they relate to Icelandic sagas? I will try to provide an introduction to these laws and some answers to these questions. In two earlier posts Scandinavian laws came here already into view. The first post offered a general overview, and the second post looks at modern translations of Nordic laws.

Laws and literature

Medieval Iceland is famous for its sagas, legendary tales about Iceland’s medieval society with grisly stories, strong men and strange encounters. Icelandic is a language with roots in Old Norse. Approaching the sagas and the Edda, the most famous collection of sagas, is complicated by the existence of two versions, one in prose, the other in poetry.

Let’s first look at the Hafliðaskrá. If you would look in the Wikipedia in its various versions you will find only articles about this law in Icelandic, Swedish and Spanish. The lemma in the Icelandic Wikipedia is very short, the Swedish tells us more, and the Spanish points even to scholarly literature. The Hafliðaskrá is a set of laws proposed in the Althing, the Icelandic parliament, by Hafliði Másson and Bergþór Hrafnsson, a lögsögumaður, literally a law man, knowledgable about the law, a term not so far from the Latin iurisperitus. The Hafliðaskrá is also called the BergþórslögFor the first time in Iceland’s history laws were written down. The great paradox of the Hafliðaskrá is that there is no manuscript witness to its text. We know about it thanks to a saga. It is therefore unclear to which extent any laws issued in 1118 in the Hafliðaskrá are part of the Grágás law collection published around 1200.

Banner Handrit

For the Grágás 55 manuscripts are listed at the Icelandic manuscript portal Handrit, accessible in icelandic, Swedish and English. There is an entry for the Grágás in the English Wikipedia. By the way, this is the point to mention the online version of the Íslensk-ensk orðabók (Concise Icelandic-English Dictionary), online in the Icelandic digital collection of the University of Wisconsin. The etymology of the word Grágás is curious. Either they are literally the Grey Goose Laws, or they were supposed to have been written with goose quills. The bibliography by Halldór Hermannsson, The Ancient Laws of Norway and Iceland. A Bibliography (Ithaca, N.Y., 1911; Islandica, 4) has been digitized and can quickly be accessed as part of Cornell University’s Islandica: A Series in Icelandic Studies where the latest monographs in the Islandica series published since 2008 can be read online, too.

Gragas - ms. GKS 1157 fol., f. 84

The Grágás in the Konungsbok – Reykjavik, Stofnun Árna Magnússonar, GKS 1157 fol., f. 84r – source: Handbok i norrøn filologi,
https://folk.uib.no/hnooh/handbok/index.html

Scholars view two manuscripts as the main textual witnesses of the Grágás, the Konungsbók [GKS 1157 fol., since 1979 in the Stofnun Árna Magnússonar, Reykjavik; written 1240-1260] and the Staðarhólsbók [Reykjavik, Stofnun Árna Magnússonar, AM 334 Fol., written 1260-1281], both accessible online at Handrit, the digital library of Icelandic manuscripts, The Konungsbók manuscript was held for a long period at the Royal Library in Copenhagen, hence its Latin designation Codex Regius. The Grágás were edited by Vilhjálmur Finsen, first from the Konungsbók, published as Grágás: Islændernes lovbog i fristatens tid (…) in four volumes between 1852 and 1870. Finsen added a Danish translation. The first volume of his edition is online at Baekur, the central Icelandic digital library, but you can find all four volumes in the Internet Archive. In 1879 Finsen’s edition of the Grágás in the Staðarhólsbók appeared. Peter Foote, Andrew Dennis and Richard Perkins translated the Grágás into English [Laws of Early Iceland: Grágás (2 vols., Winnipeg 1980-2006)]. You can read the text of the Grágás in Finsen’s edition (vol. 1) also online at the Icelandic Wikisource. Another online version of the first volume of Finsen’s edition is in fact a reprint [Grágás. Konungsbók (Odense 1974)] which mentions other translations, in Latin, Hin forna lögbók Íslendínga sem nefnist Grágás. Codex juris Islandorum antiquissimus qui nominatur Grágás, Johan Frederik Vilhelm Schlegel (ed. and transl.) (Hafniae 1832) and in German, Islandisches Recht. Die Graugans, Andreas Heusler (transl.) (Weimar 1937), published in the series Germanenrechte of the Akademie für Deutsches Recht, an institution created in 1933 to support ideas of the Nazi regime about law and order in the Third Reich. J.F.W. Schlegel (1765-1836) was a Danish nephew of the brothers August Wilhelm and Friedrich Schlegel. Heusler (1865-1940) was a Swiss medievalist and a specialist of Germanic and Scandinavian languages literature. Earlier he published for example a study on criminal law in the sagas, Das Strafrecht der Isländersagas (Leipzig 1911; online, Internet Archive).

German scholars have continued to study the language of the Grágas in great detail, leading to studies like such as Wortschatz der altisländischen Grágás (Konungsbók) by Heinrich Beck (Göttingen 1993). More recently appeared the monograph by Hans Henning Hoff, Hafliði Másson und die Einflüsse des römischen Rechts in der Grágás (Berlin 2012) who studies the person of Hafliði Másson and looks at the influence of Roman law and Christianity on laws in medieval Iceland. He also gives an overview of early Icelandic laws and their manuscript transmission.

While reading about the Grágás it becomes clear this name has been used only since the sixteenth-century. It must be remembered, too, that Iceland lost its independence in the years 1262-1264 to Norway. There is a very substantial distance in time between the surviving manuscripts and their redaction in their rather loose form transmitted over the centuries. Only a few leaves from the twelfth century with laws knwon later from the Grágás have survived [AM 315 d fol, dated 1150-1175]. Alas they are only partially readable at the surface without special light and other modern tools. At Handritin heima, a website in Icelandic, Swedish, Danish and German, you will find palaeographical and codicological guidance to medieval Icelandic manuscripts. We must remember in particular the efforts of Árni Magnússon (1668-1730) to save Icelandic manuscripts and books, but in 1728 a fire in Copenhagen destroyed many printed books and luckily only a smaller number of manuscripts in his house. Lost forever were thus early versions of famous texts such as the Heimskringla. For the prose version of the Edda the Codex Traiectinus, a manuscript written on paper around 1600 and held at Utrecht since 1643 (Utrecht, Universiteitsbibliotheek, ms. 1374; digital versionSpecial Collections UB Utrecht) is one of only four more or less complete surviving manuscripts.

Banner Stofnún Arni Magnússonar

The Stofnún Arna Magnússonar (SAM) in Reykjavik honours Magnusson’s heritage and scholarly work and promotes research in the field of Iceland’s cultural history. The institute hosts a number of projects and databases. Six language projects are presented at the Malid portal. The SAM has also created the Íslenskt textasafn, an Icelandic textual corpus, and the ISLEX Orðabókin, a multilingual online dictionary for the various Scandinavian languages. One of the projects awaiting completion is an online catalog of Icelandic manuscripts in Canada and the United States.

The University of Copenhagen has become the home of the Den Arnamagnæanske Kommission, a commission founded in 1772 to govern the Arnamagnæanske Stiftelse, the foundation that safeguarded Magnusson’s manuscripts, books and papers. You can read online at Baekur the 1889 catalogue of the 3,000 manuscripts of which 1,400 remain in Copenhagen. The Danish institute has created a separate website about medieval Nordic manuscripts and the online Ordbog over det norrøne prosasprog, a dictionary for Old Norse and Icelandic prose. The project for The Medieval Nordic Legal Dictionary has so far resulted in a series of translations and studies, and an indispensable bibliography which you can download. Creating the dictionary will be a work for many years. At Septentrionalia you can find a PDF version of Andrea de Leeuw van Weenen’s Grundwörterschatz Altisländisch (1999).

There is a clear tradition of studying Icelandic law in connection with Icelandic literature. This tradition is at work, too, in the choice of themes in the section around the Grágás of the conference in August 2018. Among the themes are the contrast between oral and written culture, the history of legal and administrative institutions, ecclesiastical versus secular law, and of course law and legal culture in the Icelandic sagas. The role of legal knowledge in politics and the historiography of medieval law and legal culture, too, will come into view. One of the things shown here at several points is the need to look at resources in neighbouring Scandinavian countries when you are studying one of them., but of course it is wonderful to go to all these Icelandic digital resources with their short names! While writing the last paragraphs of this post the weather in my country was rather hot. Hopefully it did not lead me to serious errors or omissions. Comments and additional information are always welcome, and to many posts I have added postscripts. Let’s hope the weather and volcanoes on Iceland will not disturb the conference in August.

New views on digitized medieval manuscripts: Parker Library 2.0

Startscreen Parker Library on the Web

An old advertisement trick is using the words new and better. In this post I will look at a new version of a digital collection with medieval manuscripts which indeed can now be reached to a fuller extent. Parker Library on the Web 2.0 is the fruit of cooperation between the Parker Library of Corpus Christi College, Cambridge and Stanford University Libraries. The first version of this most varied digital collection did not make everybody happy. Let’s look here at some of the changes, and also make a tour of manuscripts which can be connected to legal history.

Removing the barriers

For some reason Corpus Christi College, Cambridge had until January 10, 2018 granted only partial online access to external users for viewing the more than 500 medieval manuscripts in its rich collections. The main problem was you could not look properly at contextual data for the manuscripts, and you were deprived of viewing bibliographical information. One of the jewels guarded is an illustrated manuscript with the chronicle of Matthew Paris (ms. 16), with one of the most used depictions of a medieval church council at f. 43v. I could not show it to you in my 2015 post about the Fourth Lateran Council of 1215. However, the important manuscript catalogue by Montague Rhodes James, A Descriptive Catalogue of The Manuscripts in the Library of Corpus Christi College Cambridge, Vol. I (Cambridge, 1909) and Vol. II (Cambridge, 1912) could already be consulted online, but not the information about more recently added manuscripts or about research concerning them since the work of M.R. James was published.

The new version of the digital Parker Library makes up for a lot of these deficiencies. The library now offers an overview of the successive manuscript catalogues where you can view online or download them. The Parker Library owes its start and a substantial number of its earliest manuscripts to archbishop Matthew Parker (1504-1575). As archbishop of Canterbury he donated in 1574 some 400 books to Corpus Christi College. Many of these books come from monasteries dissolved in 1535. Since 2010 you can follow the Parker Library also on its blog and on Twitter.

Is everything now readily accessible in the new version of this digital library? I could not help proceeding immediately to Matthew Paris’ Chronica majora and f. 43v of ms. 16. The first thing I noticed was the not quite convincing working of the general search field. Searching without filter, using Everything for “Chronica majora”, leads you only to references about this chronicle, and not to the manuscript itself. In 2003 the manuscript and its binding were separated. The manuscript is now called 16II. When searching you have to add a prefix zero, 016. You will have to consult the Hints and Tips section in order to create successful searches. On reaching ms. 016II I looked in vain for the famous illustration. Its presence is not indicated in any way, but you can guess something is missing because you can view only the upper half of this manuscript page. Anyway, you can find perhaps some consolation in the online presence of the study by Suzanne Lewis, The art of Matthew Paris in the Chronica majora (Berkeley, CA, etc., 1987; online, Internet Archive). The image of the cardinals at Lateran IV is shown in black-and-white on page 122.

Logo Parker Library

I had rather not hide the qualities and working of the search function in Parker on the Web 2.0. In fact searching was much easier in the previous version, much more what you would expect concerning search fields than in it 2018 upgraded version. It is a change from a tantalizing distance to things just out of your reach, to a situation where you can go to almost everything, provided you apply your previous knowledge very consciously. In the old situation I would usually skip looking at James’ descriptions, now his clues prove still helpful. The most striking feature is the general search field. Each of the six filters needs careful handling to get useful results. A good example are the 20.000 page details which you can filter using the fields of the general search mode. I had expected these filters to be situated to the left of these results. I suppose also I prefer creating a specific search at the start above applying filters afterwards. Of course I filtered the results for ms. 16II, but the famous illustration is conspicuously absent here, too. However, having a vast bibliography for this manuscript is a thing for rejoicing…

Legal history and the Parker Library

Richardus de Pophis, Summa dictaminis secundum stilum romanae curiae

Richardus de Pophis, Summa dictaminis secundum stilum romanae curiae – Corpus Christi College, Cambridge, Parker Library, ms. 445, p. 3 – image Master and Fellows of Corpus Christi College, Cambridge. Licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.

After this foray into the functioning of the new presentation and attempting to find a very particular illustration it is best to try to uncover the rich manuscripts of the Parker Library in another way. Lately Ben Albritton, involved at Stanford with technology concerning digitized manuscripts, wondered at Twitter why a particular manuscript [CCCC MS 445: Richard de Pophis, Summa dictaminis secundum stilum romanae curiae] was the least visited item of the online Parker Library. This text is concerned with the wording of acts and letters in use at the papal curia, more commonly dubbed the cursus. Let there be no misunderstanding that I could retrieve ms. 445 without any problem. This manuscript is certainly to be linked with medieval canon law, yet it does not occur among the 22 search results for “canon law”. On closer inspection there is no field in the full description for genre and/or subject. A similar search for Roman law brings only four manuscripts. Ms. 77 with Guilhelmus Duranti’s Speculum iudiciale rightly figures among the results in both searches. The variety of texts, including the Decretum Gratiani, the Decretum of Ivo of Chartres, other decretal collections, registers and cartularies, gives you a fair idea of the range of texts concerning medieval canon law. In this respect, too, the Parker Library is indeed interesting.

Logo IIIF

Wisdom tells me a search for statutes might be more useful than searching for English law, but eventually both yielded some twenty results with not much overlap, another testimony to the rich variety of the Parker Library, but also a fact pointing to the importance of classification. When you search apart from canon law, Roman and English law, for glosses, decretals and judges you will find here most of the manuscripts touching upon legal history. However, the tricky thing is that you cannot be sure you have found all relevant materials without checking also the manuscript catalogues. This diminishes the importance of the new use here of the International Image Interoperability Framework (IIIF) for easy and reliable comparison of manuscript images. The Parker Library scores with the easy access to the current and historic manuscript catalogues. For some manuscripts the bibliographical information is excellent. I had some trouble with the Mirador viewer used here to implement IIIF, although this viewer has been optimized for this aim. You can use the arrows to flip through a manuscript, but in the top field with the indication of the page or folio number nothing changes. At other websites I did not have this problem with the Mirador viewer.

Keeping in mind I used here the new version of the Parker Library it seems some problems, such as the counter of the viewer, are typically early user problems which hopefully will be addressed and solved quickly. Finding a particular category of texts or a manuscript genre is not completely possible. I realize I am perhaps too much inclined to the use of categories and tags and to prefer very specific search questions, but I am convinced good classifications are really helpful. Having access to bibliographical information and being able to compare images in a reliable way with manuscripts elsewhere, is certainly among the strengths of the Parker Library. It will be helpful, too, when a correct link to Parker Library on the Web 2.0 is also added to the great portal with the Digitized Medieval Manuscripts App (DMMapp). Let my first impressions not deter you from visiting the new gateway to the medieval manuscripts of Corpus Christi College, Cambridge!

On studying the Theodosian Code

Banner Cedant- Il codice Teodsoiano

It is a good tradition to start here every year with a post about Roman law. Sometimes a new resource deserves attention, but this year I want to look at a text, the Theodosian Code, because it will be at the heart of a three-week course at Pavia with the title The Theodosian Code: Complilation, Transmission, Reception. The week is hosted by the center CEDANT (Centro di studi e ricerche sui Diritti Antichi) from January 8 to 26, 2018 at the Collegio Ghislieri. The course will be led by Detlev Liebs (Universität Freiburg) and Dario Mantovani (Università degli Studi di Pavia). In particular the partial tradition of the Codex Theodosianus has been the subject of investigation. Only a part of its text has survived the centuries in its original form, and a critical tradition arrived only belatedly. The edition in 1905 by Theodor Mommsen and Paul Meyer did not solve all riddles. The participants of the course in Pavia have the chance to hear about the latest developments in scholarly research from the very scholars who delve into this work of legislation from Late Antiquity. In this post I propose to create a kind of nutshell guide to the current state of knowledge.

New knowledge about an old text

Modern research does of course not lose sight of the critical edition published by Mommsen and Meyer, Theodosiani libri XVI cum constitutionibus Sirmondianis et leges novellae ad Theodosianum pertinentes (2 vol., Berlin 1905), but we tend to look in this century first to its availability online. Only its first volume in the Internet Archive is everywhere accessible online without having to use a U.S proxy. Perhaps you want to start 2018 with finally using this and similar tools. Klaus Graf explained a few days ago again concisely how to start using a proxy for Hathi Trust. For quick reference one can turn to the digitized version with only the text at The Latin Library. We will see to which source the cross references in this online edition point. Another quick way to the text is provided by the invaluable Amanuensis app of Peter Riedlberger and Günther Rosenbaum, introduced here in 2015. You can run his program also on your computer. There is no excuse nowadays for not giving references to the main text of Roman law. Clyde Pharr’s The Theodosian Code and Novels and the Sirmondian Constitutions: A Translation with Commentary, Glossary, and Bibliography (Princeton, NJ, 1952) provides you with a helpful translation in English of this code which assembled acts of Roman legislation between 311 and 437 AD.

Paul Krüger (1840-1926) could only publish an edition of the books I-VIII (2 vol., Berlin 1923-1926). He would surely have pursued this path, but he died before he could achieve this. In an earlier post I looked at his legacy, in particular at his papers hold at the Library of Congress. Krüger had worked together with Mommsen on a complete edition of the Corpus Iuris Civilis, but Mommsen decided to finish his own edition of the Codex Theodosianus without even mentioning Krüger on the title page of the edition.

Logo Pôlib - Lille

Having access to a text is one thing, approaching it in the right way is another. Probably the best way to start is to go to the version in the Roman Law Library created by Yves Lassard and Aleksandr Koptiev at the Université Grenoble-Alpes. Here the Constitutiones Sirmondianae and other texts are clearly distinguished from the main body of the Theodosian Code. The code came into force in 438 AD. Lassard and Koptiev give in separate sections the text of the Gesta Senatus Romani de Theodosiano publicando and the Leges novellae ad Theodosianum pertinentes. They also guide you to the digital version created at Lille of the Leipzig 1736-1745 edition of the version published by Jacques Godefroy (1587-1652). They point in their digital library correctly to a digitized version in the Internet Archive of the second volume of the Mommsen-Meyer editions with the Theodosian Novellae.

As a student I was intrigued by the title of the Constitutiones Sirmondianae. Jacques Sirmond (1559-1651) was a French Jesuit who published editions of many early medieval ecclesiastical authors. His fame for later generations rests upon his editio princeps in Appendix Codicis Theodosiani novis constitutionibus cumulatior (…) (Paris: Cramoisy, 1631, online, Biblioteca Nazionale Centrale, Rome) of a number of missing constitutions in the editions that had appeared until his time. Of course the fame of this edition is a relative thing: you will see that only the German Wikipedia article for Sirmond mentions it.

Centuries of scholarship

With Godefroy and Sirmond we entered the field of legal humanism and erudite scholarship, and we have to note another thing that somehow is not always clear. The textual tradition of the sources of Roman law rests only for a small part on inscriptions and papyri from Classical Antiquity. Medieval manuscripts and Early Modern editions are very important. Earlier scholars might have seen manuscripts that no longer exist or are mutilated. Sometimes manuscripts were simply destroyed after the printer had finished an edition.

Late Antiquity is the perspective of the Projet Volterra at University College London, named in honour of Edoardo Volterra (1904-1984), with the Law and Empire AD 193-455 (“Project Volterra I”) database which helps you to search efficiently for laws concerning particular subjects or from a particular emperor. The section Early Medieval Texts is a fair attempt to create a nutshell portal for early medieval legal history, and the parallel section Resources for Roman law is perhaps even better, with for example a section for online journals and an overview of online contents of other journals. You might want to look also at the website Roman Empire of Simon Corcoran, one of the main scholars in Projet Volterra. Sadly the link to the Projet Volterra version of books 1 to 8 of the Theodosian Code does not work currently.

Banner Biblioteca Legum

It should not be a complete surprise to find ample information about both the Codex Theodosianus and the Constitutiones Sirmondianae also at the website of a project concerning early medieval law, the Bibliotheca legum: Eine Handschriftendatenbank zum weltlichen Recht in Frankreich led by Karl Ubl (Universität Köln). The project website can be consulted in German and English. In the Bibliotheca legum Ubl and his team give concise introductions to a number of early medieval laws, in particular the so-called Völkerrechte (“Law of Peoples”). The first part of the Theodosian Code (books I-V) has been transmitted to us only in the Lex Visigothorum Romana, sometimes called the Breviarium Alaricianum – hence the reference to Brev. in the version of The Latin Library – and its abbreviated versions, with pride of place for the Epitome Aegidii, first edited in 1517 by Pieter Gillis. You can read more about this Flemish scholar in a post I wrote in 2016 around him and Thomas More’s Utopia. By now it is clear that dealing with the Theodosian Code means entering a constellation of related texts. The Bibliotheca legum leads you to existing editions of texts, to a current bibliography and to the manuscripts containing a particular text. Both for the older editions and the manuscripts you can often go to a digitized version. Ubl points to seventeen manuscripts for the Theodosian Code and ten manuscripts for the Constitutiones Sirmondianae. For the Lex Visigothorum Romana and its abbreviated forms 105 manuscripts are mentioned, and you will find even articles published in 2016 and 2017.

Studying the Codex Theodosianus is an international affair. Among the studies after 2000 Ubl mentions for example John F. Matthews, Laying down the law: a study of the Theodosian Code (New Haven, CT, 2000), A.J.B. Sirks, The Theodosian Code. A Study (Studia Amstelodamensia 39; Friedrichsdorf 2007) and the late José María Coma Fort, Codex Theodosianus. Historia de un texto (Madrid 2014), a study which you can download as a PDF. There is an updated version (2017) of the very useful article by Detlev Liebs, “Codex Theodosianus”, in: Handwörterbuch zur deutschen Rechtsgeschichte 1 (2nd ed., 2008) col. 868-870) in the scholarly repository of the Universität Freiburg.

In this post I focused on the transmission and reception of the Codex Theodosianus. During the seminar at Pavia there will be attention also for the redaction of this code of law, with due attention to inscriptions and papyri, too. Boudewijn Sirks and Simon Corcoran will be among the scholars who will teach at Pavia a public of talented and hopefully most attentive students and graduate students about the latest findings and views concerning one of the great attempts in Late Antiquity to bring as much Roman laws together as humanly possible. As for myself, I learned at the very least a few things that needed to be added or corrected to the Roman law page of my legal history website Rechtshistorie. More importantly, I was most happy to see how a line of research starting with Johann Sichard, Jacques Godefroy and Jacques Sirmond through Gustav Haenel and Carlo Baudi di Vesme to Mommsen and Krüger is clearly kicking and alive in this century. Seeing the continuity, the disputes and new starts is a good thing!

New ways to medieval city registers

Screenprint Stadtbücher

How do you get the larger picture? Almost with a sigh we often long to see wide vistas, yet at the same time we want to zoom in while looking at a panorama of particular things. In this post I will look both at a repertory of particular sources, medieval and Early Modern city registers, for one country, Germany, and at an attempt to create a similar overview for medieval Europe. Last week I was alerted to the project for Germany, but this week I noticed also the project for a wider overview, and comparing the two projects is the most natural thing to do.

Efforts in Germany

The German project for Deutsche Stadtbücher has a subtitle in Latin, Index Librorum Civitatum. On closer inspection this portal can indeed be viewed in German, English and Latin. As for now the Latin is restricted to the headings of fields and filters. The project is the fruit of cooperation between the Deutsche Forschungsgemeinschaft, the history department at the Universität Halle-Wittenberg and the Cologne Center for eHumanities (CCEH). The portal offers four main entrances to search: cities, city registers, literature and archives. The word Archives stands here for holding institutions, not only archives, but also libraries. You can also use a free text field search. It is possible to search only for digitized registers, too. An extra is offered in the expert search mode, and you can also use an interactive map. This map can be used with some filters, but it seems a number of them is not yet active. However, you can go to a second interactive map, the DARIAH-Geobrowser which enables you to filter for periods and series of Stadtbücher. The loading of the results takes some time… On the main map you can select other countries as well. The database has for example currently entries for two Dutch cities, Kampen and Groningen. It is great to have bibliographies for many cities.

City registers or municipal registers is a very broad term. The strength of this project is certainly the creation of eleven categories, ten categories with in four of them attention for those registers most dear to legal historians, court registers, statutes and bylaws, council registers, and the classic registers for acts and charters (cartularies). In the eleventh category you will find everything which does not clearly fit into one of the other categories.

In such a vast project, spanning five centuries, you will find inevitably aspects which are either exhaustively or rather sparingly covered. Project leader Christoph Speer explains at his staff web page that for some Bundesländer he could build on the work of Reinhard Kluge in the former DDR for 450 cities with 70,000 registers, and he refers to a number of publications about the project and German city registers.

Getting a larger view

In 2014 I wrote here about a number of projects for the digitization of Dutch and Flemish city registers, in particular court registers and council deliberations. I discussed projects for Leuven, Liège, and ‘s-Hertogenbosch (Bois-le-Duc). I briefly mentioned some maritime registers at Amsterdam and a project for medieval charters in Tilburg. The Leuven project Itinera Nova is supported by the municipal archive and the Universität Köln. Especially when I looked at the map of the Stadtbücher project in which a center of this university is one of the main partners I wondered for a few moments why Leuven is not mentioned, but it is better to look first of all within the limits set for the Stadtbücher project.

Having within your reach a good and consistent repertory for one country is a fine thing, but often we set out to search for a digital version of one particular source, instead of going first to a relevant repertory. In this context it is perhaps a blessing in disguise that until recently I had not found many digitized medieval municipal registers. I had noticed a French project, Le Petit Thalamus de Montpellier, and a Scottish project, Law in the Aberdeen council registers, 1389-1511. In my 2015 post about portals for medieval history I mentioned briefly the section Paris médiéval at Ménestrel with much attention to legal documents. By the way, similar section at Ménestrel for Lissabon is promising, but has not yet reached this level.

However, very recently I encountered the project Registres des déliberations municipales au Moyen-Âge: La voix des assemblées [REGIDEL], a project concerning cities in Southern France led by the Telemme laboratory at Aix-en-Provence. On November 24, 2017 the symposium Enregistrer les conflits. Pratiques délibératives et scripturales des conseils urbains en temps de crise (XIIIe-XVe siècles, Europe méridionale) [To note conflicts. Practices of deliberation and scriptural practice in urban councils in times of crises, 13th-15th centuries, in Southern Europe] took place. The project blog contains articles about cities such as Turin, Toulouse, Digne and cities in the Emilia-Romagna, in particular for Bologna.

A companion to the REGIDEL project has got its own acronym, MUAR, for Medieval Urban Assembly Records, nothing less than a projected repertory for urban council records in medieval Europe. Like REGIDEL it is currently a blog at the Hypotheses platform. The website aims at becoming an archival and biographical repertory of municipal registers, with a focus on council registers, covering the period from the late twelfth to the early sixteenth century. The interface is in English, French and Italian. Currently there are sections reserved for France, Italy, the Iberian peninsula, the German empire, Britain and Ireland, the Low Countries and other countries. The striking feature here is the wish to classify cities in one region. For a moment I thought the team behind MUAR had fallen into the trap of placing cities in regions which successively were ruled by different rulers, but they mean current regions, for France even the départements.

When I checked the various headings I found partially the same cities as mentioned above for REGIDEL. For Italy you can find Perugia, San Gimignano, Bologna, Reggio Emilia and L’Aquila. Orvieto is the most recent addition, but it has not yet been included in the section for Italy. Most links in this post are internal references. So far Marseille is the only French town in MUAR. All other sections are under construction. For each town a timeline of important events is provided. I decided to check the page for Bologna, a town which figured here in a number of posts, for examples concerning Italian city statutes and municipal ordinances. In one post I portrayed Bologna also as a center of legal history when discussing two projects in Bologna for the digitization of medieval legal manuscripts. In this post I mentioned for the Archivio di Stato di Bologna the digital version of the Estimi di Bologna di 1296-97, records estimating the properties of Bolognese citizens, and the Liber Paradisus, a register about the liberation of nearly six thousand slaves at Bologna in 1257. The MUAR project does mention the critical edition of the Liber Paradisus by F.S. Gatta and G. Plessi, Liber paradisus. Con le riformagioni e gli statuti connessi (Bologna 1956), but not the digital version. The Estimi do not figure at all, nor the digitized Registro grosso (1116-1380) and the Registro nuovo. It is tempting to say the team at MUAR has not yet realized how daunting their objective is, but we can read the notice telling the team is looking for scholars willing to cooperate with them. In view of the German project it seems wise they change from a blog to an online database to enhance search possibilities.

For Italy one can benefit from the Scrineum project of the universities of Pavia and Verona, and more specifically from the Atlante della documentazione comunale italiana (secoli XII-XIV). This Atlante certainly does not cover all Italian towns, but you can find entries for cities such as Genua, Asti, Vercelli, and in particular for Florence. Scrineum provides you with background essays about notaries and libri iurium, and with essays on types of municipal legislation, with text examples from Genua and Florence. Is it safe to assume that there are various groups of historians dealing with legal documents in medieval Italian towns, and that every group has a particular focus? Instead of taking you with me through all kind of resources I had better translate words of Paolo Cammarosano: “As for municipal libri iurium for which there is now a prospect of the creation of a repertory and successively editions, the analysis to be done must reckon with great complexity, different articulations, mixing of matters and outright disorder (…)”, a quote from his article ‘I libri iurium e la memoria storica delle città comunali’, in: Le scritture del Comune. Amministrazione e memoria nelle città dei secoli XII e XIII (Turin 1998) 95-108, online at Rete Medievali Open Archive. The impression of a quick search for literature on libri iurium in the online bibliography of the Regesta Imperii is that of a wide variety of publications focusing on a fairly restricted number of Italian cities.

 In the wake of earlier projects

One of the questions to ask for both the German and the French-Italian project is the presence and use of earlier printed repertories and related projects. For the Stadtbücher the team could rely on a project for the Bundesländer in the former DDR as a substantial point of depart. On a European scale fifty years ago a team with a great role at the start for two Dutch scholars, J.F. Niermeyer and C. van de Kieft, edited the first volume of the Elenchus fontium historiae urbanae (Leiden 1967), a project for sources before 1250. The first volume deals with Germany, Belgium, the Netherlands and Scandinavian countries. The other volumes cover France and Luxemburg (vol. II.1, 1996), Great Britain and Ireland (vol. II.2, 1988), Austria (vol. III.1, 1992) and Hungary (vol. III.2, 1997). On the website of the Commission Internationale pour l’Histoire des villes (CIHV) you can find PDF’s with the preface and overview of the contents of the volumes I and II.2. The Elenchus contains selected texts for the early history of medieval towns. The CHIV also stimulated the creation of country bibliographies.

For Germany it is easy to mention recent and earlier works. Ulrich-Dieter Oppitz published the massive repertory Deutsche Rechtsbücher des Mittelalters (3 vol. in 4 parts, Cologne 1990-1992), in itself a successor to the earlier work by Carl Gustav Homeyer, Die deutsche Rechtsbücher des Mittelalters und ihre handschriften (Berlin 1856; online, Hathi Trust Digital Library; text only, German Wikisource) and his earlier Verzeichnis from 1836 (online, Bayerische Staatsbibliothek, Munich). Both works deal with legal treatises such as the Sachsenspiegel and Schwabenspiegel, but they look also at the laws of individual cities. A number of Rechtsbücher, influential municipal laws, and Schoffensprüche (decisions of aldermen) figure in the online version of the Repertorium Geschichtsquellen des deutschen Mittelalters under the heading Stadtrecht. I invite you to check also for example at Archivportal-D and the Archives Portal Europe for all kinds of city registers, for they can offer a quick way to relevant registers, too.

Many Dutch rechtsboeken have been edited by member of the Society for Old Dutch Law. Some of the nineteenth-century editions in the first series of editions will not quite stand the proof of modern textual criticism, but at least a large number of them has been digitized at Heidelberg for the Textarchiv accompanying the online version of the Deutsches Rechtswörterbuch. It would be a good thing to create an overview of these texts, the original sources and whenever possible their current digital presence.

To conclude this contribution, proposing the creation of either a national or an European overview of city registers in their various forms is one thing, creating them in a sensible and feasible way implies thorough reflection on many matters before even starting such a project. Overviews of one particular source genre can be most useful, but you cannot lift a source or a genre out of their context completely without impairing in the end historical understanding. This consideration works certainly as a factor which makes scholars rightfully hesitant to cooperate in such projects. The fact that you work with partners from other countries will surely help to widen your horizon and question your assumptions. Let´s wish all courageous scholars who nevertheless join these projects wisdom, good luck and stamina!

A postscript

My view of the German project Stadtbücher is rather positive, but it is right to add at least one comment from Klaus Graf at Archivalia who criticizes the working of the filters and the absence of information for some German regions, in particular Baden-Württemberg. In my opinion the north of Germany is covered massively, for other regions you can clearly wish for more. For Saxony you can benefit from the Gerichtsbücher database for some 22,000 registers concerning voluntary jurisdiction, for example property sales, mortgages, custody and wills.

I spotted in open access the most valuable article on Magdeburger Recht by Heiner Lück in the Handwörterbuch zur deutschen Rechtsgeschichte III (2nd ed., Berlin 2013) col. 1127-1136.

The long years of the Council of Konstanz

Once upon a time the history of church councils seemed a matter of Christian theology slowly but inevitably reaching new levels of dogmatic intricacy, either led by wise popes or marred by popes who thought more of themselves than of the Catholic church. Things get more interesting when you look at the proceedings not as a distraction to theological matters at stake, but as historical events just as important as the canons and decrees finally proclaimed. One of the longest councils was the Council of Konstanz (1414-1418). Recently I was alerted to a modern representation of a chronicle showing the daily business of this medieval council. The virtual presence of this council is worth the attention of legal historians, too. In this post you will find a tour of some of the most important resources. As in my earlier post about the Fourth Lateran Council (1215) I will look also at images of this international meeting in fifteenth-century Germany, close to the modern border with Switzerland.

Five long years

Logo Konstanz Konzilstadt

Probably the most famous event of the Council of Konstanz was the trial of Jan Hus. In order to avoid too much coverage of modern memorial years I decided not to write about him here. One reason for writing here about this church council was my amusement about the tweets of Ulrich Richental, a modern incarnation of the fifteenth-century author of a chronicle about the Council of Konstanz. The tweets tell you on a day-to-day basis about events during the council, and they are directly linked to the multilingual website Konstanz Konzilstadt.

King Sigismund of the Holy Roman Empire succeeded in conveying a church council at Konstanz in a time when Western Europe had to face the presence of three popes, three because one of them, John XXIII, was a so-called antipope who resided in Bologna. Gregory II was pope in Rome and Benedict XIII reigned from Avignon. One of the problems for this council was the division between those in favour of full power over the church in the hands of a council (conciliarists), and those sticking to papal and curial power (curialists). Imagine the international crowd of ecclesiastical dignitaries and the courtiers of king Sigismund all together in a small town on the lovely Lake Constance, and you get the picture.

Cover facsimile edition of Richtental's chronicle

We can form our own picture of this council in a very literal and pictorial way thanks to the illustrated chronicle of Ulrich Richental (around 1360-1437). The famous illustrated manuscript at the Rosgartenmuseum in Konstanz is available in a modern facsimile edition [Chronik des Konzils zu Konstanz 1414–1418. Die Konstanzer Handschrift der Konzilschronik des Ulrich Richental, Jürgen Klöckler (ed.) (2nd ed., Darmstadt 2015)]. Interestingly, the list of manuscripts given in the German Wikipedia article on Ulrich Richental contains more items than the online database of the Handschriftencensus which omits two manuscripts that went missing. Some manuscripts have been digitized. This chronicle is the well from which the modern successor of Ulrich gets the information for his tweets. The tweets started only in 2016. It is safe to assume the idea for daily tweets was inspired by similar Twitter accounts and blogs for the commemoration of the First World War.

As for scholarly literature concerning the Council of Konstanz I was surprised that the online bibliography of the Regesta Imperii (accessible in German and English) for some reason lists only literature published before 2010 when you use the thesaurus search. You will have to check many titles using the various translations of the city name Konstanz to find relevant publications.

Acts and decrees

A second reason to write here about the Council of Konstanz brings us safely back to the sources legal historians will want foremost to consult, the manuscripts and archival records, and when available critical editions of the sources. Finding out about such editions for medieval councils can be daunting. On my legal history website the first section of the page concerning relevant editions for canon law deals with councils. For sound foundations I could rely here on an article by Joseph Avril, ‘Les décisions des conciles et synodes’, in: Jacques Berlioz et alii (eds.), Identifier sources et citations (Turnhout 1994) 177-189. Lately I checked for the online availability of a number of Early Modern editions of conciliar decrees and decisions, but some modern editions, too, have been digitized, too. The edition of the Acta concilii Constantientis by Heinrich Finke (ed.) (4 vols., Münster 1896-1928) has been digitized at the Internet Archive. Finke gives in the first volume materials from the preparatory phase of the council (1410-1413). It was harder to find a complete set with a single point of reference for other modern editions. The Monumenta conciliorum generalium saeculi decimi quinti, F. Palacky et alii (eds.) (4 vols., Vienna 1857-1935), with sources for the Council of Basel can be found conveniently online in Gallica. The second major edition for the Council of Basel, Concilium Basiliense. Studien und Quellen zur Geschichte des Konzils von Basel, J. Haller (ed.) (8 vols., Basel 1896-1936) has been digitized in its entirety at the Bayerische Staatsbibliothek, Munich. In the case of Basel having easy access to the editions is only the start of finding your way in a myriad of documents.

Among the participants at Konstanz were French dignitaries with more than a basic knowledge of canon law, among them cardinal Pierre D’Ailly (1350-1420), Jean Gerson (1363-1429) and cardinal Guillaume Filastre (1348-1428). Finke published a journal held by Filastre in his Forschungen und Quellen zur Geschichte des Konstanzer Konzils (Paderborn 1889; online, Internet Archive). With Francesco de Zabarella (1360-1417) we meet a great canon lawyer. In 1410 he became archbishop of Florence and year later he was created cardinal, hence his nickname Cardinalis. Zabarella died in Konstanz on September 26, 1417. Studies by Dieter Girgensohn and Thomas Morrissey have considerably enlarged our knowledge about him and his views. As a papal legate he was involved with the Council of Konstanz from the moment he was sent in 1413 as a papal legate to king Sigismund to discuss the chances for a church council.

Another canon lawyer wrote a dedicatory letter in the first printed edition of the acts of the Council of Konstanz, the Acta scitu dignissima docteque concinnata Constantiensis concilii celebratissimi (Hagenau: Gran 1500) by Hieronymus de Croaria (ca. 1460/63-1527). The Gesamtkatalog der Wiegendrucke (GW 07287) and the Incunabula Short Title Catalogue (ISTC 00800000) habitually summarize titles of works stemming from institutions and authorities. Searching in the ISTC for Concilium Constantiense yields four results. The GW has a separate page for the incunabula editions of conciliar decrees. Both the GW and the ISTC point to digitized copies of incunabula. Konrad Summenhart (1460-1502) studied in Paris and Heidelberg before becoming a professor of theology and even chancellor of the university of Tübingen. In his work Opus septipartitum de contractibus he looked both at contractual law as administered in courts as on the impact on the forum conscientiae, the personal conscience. He wrote about subjects as usury and tithes. Hieronymus de Croaria had been his colleague in Tübingen as a professor of canon law before he went to Ingolstadt. Later on he worked also as a judge.

Heinrich Finke guided the research of Joseph Riegel who defended a thesis on the wildly varying numbers of participants at the Council of Konstanz [Die Teilnehmerlisten des Konstanzer Konzils. Ein Beitrag zur mittelalterlichen Statistik (Freiburg im Breisgau 1916; online, Internet Archive)], a thing already debated by contemporaries.The Council of Konstanz became during five years a focus of European politics and church reform, a place where many influential people met. The sheer number of participants, their background and views, and the impact on church life merit and warrant a good chance at finding always new perspectives, not to mention resources, to make it worthwhile to look again this event, not in the least with an eye to legal history.

A postscript

In this post I tried to be as concise as possible, but I think it is right to point here also to another old edition concerning the Council of Konstanz, the seven volumes of the edition edited by Hermann von der Hardt, Magnum Oecumenicum Constantiense Concilium (…) (Frankfurt am Main 1697-1700), digitized by the Universitäts- und Landesbibliothek Düsseldorf. I had preferred to give you the exact link to a completely digitised set, but searching in this digital library brings you quickly to the volumes. I found the reference to the digitised set at Düsseldorf in a 2015 blog post by Klaus Graf at Archivalia where he dealt with the entry for this council in the Historisches Lexikon Bayerns. However, Graf mentioned only two volumes of Hardt’s edition.

Another resource worth mentioning is the online version of Chris Nighman and Phillip Stump, A Bibliographical Register of the Sermons & Other Orations Delivered at the Council of Constance (1414-1418) (2006, updated 2007) available at the website of the Bibliographical Society of America.

A book that should figure here, too, is Martin Cable, “Cum essem in Constantie…”: Raffaele Fulgosio and the Council of Constance 1414-1415 (Leiden 2015). Fulgosio (1367-1427) was a notable lawyer.

 

Between French and Roman law: Li livres de jostice et de plet

Image of the Livres de jostice de plet - image source: ENC / BNFA few days after the celebrations of Quatorze Juillet, the French national day, I looked in the digital library with editions of the École nationale de Chartes, one of the French grands établissements, the famous school for the training of archivists and palaeographers. Not only can you find here a heading Édition de textes juridiques, but the text edited here anew and online since November 2016, Li livres de jostice et de plet, belongs to the classic legal texts of medieval France. The edition appeared online in 2016. Interestingly this text survives in its entirety only in a single manuscript at the Bibliothèque nationale de France (ms. fr. 2844). The text shows clear influences of Roman law, a fact sometimes used to frown upon. How sensible is it to judge the value of its text depending on the presence or absence of influences? It seems useful to look at it here in some detail, also because the new edition curated by Graziella Pastore comes into its own thanks to an accompanying website with more information, a combination that could serve as a model.

Between two laws

Li livres de jostice de plet is a treatise written in Old French and composed in the mid-thirteenth century in the Orléanais, the region around Orleans. Its twenty chapters follow the divisions of the Digesta Iustiniani: The chapters 1 to 10 follow the Digestum Vetus (D. 1 to D. 24.2), chapters 11 and 12 correspond with the Infortiatum (D. 24.3-D. 38), and the remaining chapters 13 to 20 with the Digestum Novum (D. 38-D. 50). The university of Orleans was famous for its law faculty, a fact which came into new light only since the twentieth century in research conducted at Leiden. I will refer to both universities later on.

In the edition published in 1850 by P.N. Rapetti – online in the Internet Archive – the parts of the chapters which contained translations of the Justinian Digest had been skipped. The manuscript Paris, BnF, ms. français 2844 has been digitized (Gallica). Some rather prominent notes written in later centuries show up on the cover and the first pages of the black-and-white digitized microfilm. The description of the edition explains that two other manuscripts have been adduced to complete textual lacunae in the part corresponding to the Infortiatum.The manuscript Bordeaux BM, 354 can be consulted online in the Selène digital library of the Bibliothèque Municipale in Bordeaux, but I could not find an online version of the other manuscript, Rouen BM 794. The use of these manuscript reminded met about my post last year about medieval laws in translation where I did not mention the Livres de jostice et de plet. In the online Catalogue collectif de France you can restrict your search to manuscripts and archives, and you will find in it information about both manuscripts, although this often leads you only to the nineteenth-century Catalogue général. On the other hand, the information about the manuscript BnF, ms. fr. 2844 given in the online edition is also very general. In the new edition all paragraphs with direct translations from the Digest are given in blue print.

In my earlier post I referred to the online bibliography of the Dictionnaire étymologique de l’ancien français (DEAF), and this time I was much more aware how succinct the information it gives is. Interestingly there are two articles for the Livres de jostice et de plet, the first for the old edition without the Digest fragments, the second for those parts taken over from Roman law edited by Pastore. The entry in the DEAF points even to some mistakes in her edition.

Another rather elemental thing jumped into my face: How should one translate the title of this treatise, and where do we find online information about Old French? Jostice is clearly to be associated with justice, but plet is not a quite transparent word. Luckily a number of French dictionaries can be consulted online, including those for medieval French. The ATILF platform leads you to research projects, digital text corpora and dictionaries such as the Dictionnaire du Moyen Français for medieval French between 1300 and 1500, and the bibliography for the Godefroy, the nickname of the Dictionnaire de l’ancienne langue française et de tous ses dialectes du IXe au XVe siècle edited by Frédéric Godefroy (10 vol., Paris 1880-1905), digitized in the Gallica digital library of the BnF. It is also very nifty accessible at Lexilogos with an option to switch dictionaries. Godefroy brings you to the word plait, with as its primary meaning “accord, convention, traité”, but also “procès, querelle, jugement, discussion”, to mention only the most relevant meanings. The compact dictionary edited by the famous linguist A. Greimas, Dictionnaire de l’ancien français jusqu’au milieu du XIVe siècle (Paris 1968) gives for plait seven main meanings with brief examples.

The etymology of plait is revealing: Plait stems from placitum, explained in the lemma plaid as being conform to the will. In Italian legal history the placita are charters with verdicts which contain in a number of cases formulaic references to Justinian’s Digest. Only in the eleventh century such references clearly point to actual use of the Digest. The online version of the DEAF with a preliminary version of the letters G to K gives a very elaborate lemma for justice and its various spellings. It is seducing to translate the title of the treatise with an alliteration, The Book of Justice and Judgment, but “The Book of Justice and Procedure” seems a reasonable translation.

The second website

Banner "Li livres de jostice et de plet"

On purpose I wrote the first part of my post without using the accompanying website, in the hope it will correct some of my findings and anyway tell us much more than I can do here. However, I cannot hide some mixed feelings in my first impressions. The second website is to a large extent a kind of pilot project for the proper use of meta-data. In fact in the introduction Pastore states this clearly. With just twenty titles in the bibliography and five persons discussed in the biographical section this seems too much of a good thing, especially when you see the wide range of possible output forms and the thoughtful addition of preset links to a host of websites, catalogues and digital libraries. Pastore mentions at the second site only the 1918 offprint of an article by Henri Stein, ‘Conjectures sur l’auteur du Livre de jostice et de plet’, Nouvelle revue historique de droit français et étranger 41 (1917) 346-382, but it figures correct in the bibliographical section of her introduction to the online edition. Stein’s contribution is not included at all in the online Bibliographie d’histoire du droit en langue française (Université de Lorraine, Nancy). The bibliography at the second website consists of printed and online editions of archival resources and texts, but the critical studies do not figure in it. The DEAF bibliography refers to a short article by Jaana Seppänen, ‘”Livre de jostice et de plet” – un texte à rééditer?’, Neuphilologische Mitteilungen 91 (1990) 153-156. The references in Stein’s article were used as materials to give some bones to this prototype website.

The section Le manuscrit brings you to an embedded version of the digitized microfilm of the manuscript, and to a link for the description of it in the Jonas database of the IRHT at Paris-Orléans. This database with a repertory of medieval manuscripts with texts in medieval French and Occitan gives a short description of the manuscript in the BnF – essentially: written on parchment, 200 folia, dimensions: 350 x 270 mm; language: French (langue d’oil); datation: 1260-1275; origin: Orléanais-Île de France, and the incipit of the main text – and refers for more details to an upcoming article by Graziella Pastore and [Frédéric] Duval, ‘La tradition française de l’Infortiat et le Livre de jostice et de plet’ in the Bibliothèque de l’École des Chartes, one of the oldest European history journals; it appeared in 2017 in BEC 121 (2013) 199-226. The issues from 1840 to 2012 can be consulted online at Persée. The entry in the Jonas database does not give the first name of Duval. You might want to check in the online bibliography of the Regesta Imperii how many medievalists share the name Duval! At Academia you can look at a poster created by Pastore concerning the matters to be discussed in the promised article, and even better, you can view online a registration of her lecture about Li livres de jostice et de plet given at the École nationale de Chartes on November 29, 2016 for the presentation of the online edition. The results she announces in her lecture make you impatient to read the full story. I will not give a complete spoiler here, but one of the elements which comes into focus is the role of medieval canon law.

The Jonas database does not indicate the presence at the start of the BnF manuscript of a royal ordinance from 1254 (fol. 1r-3r) and some chapters of the Établissements de Saint Louis at fol. 3r-4r, things duly noted by Rapetti. His introduction is certainly still worth reading. For further study of this second legal text the translation by F.R.P. Akehurst, The Etablissements de Saint Louis. Thirteenth-century legal texts from Tours, Orléans and Paris (Philadelphia, 1996) offers itself as a starting point. Of course Pastore should get credits for giving some information about five historical figures around the Livres de jostice et de plet, but you would want to have not only references to old editions or to Stein’s article. These persons were mainly officers with a royal charge, for example baillif (bailli), and their presence is suggestive. A recent essay by Bernard Ribémont, ‘Compiling and writing a legal treatise in France: the Livre de Jostice et de Plet’, in: News from the Raven: Essays from Sam Houston State University on Medieval and Renaissance Thought, Darci N. Hill (ed.) (Newcastle upon Tyne, 2014) 133-142, gives you an idea of paths to pursue. Ribémont does look in particular at the role of medieval canon law and the way canon law texts were translated and adapted in the Livres de jostice et de plet.

Between Paris and Orleans

In my view there is another fruitful way to approach these legal treatises, by paying attention to the university of Orleans. Only last year the online legal history journal Clio@Themis published a special dedicated to the theme La forge du droit. Naissance des identités juridiques en Europe (IVe-XIIIe siècles), “The forge of law. The birth of legal identities in Europe (4th-13th centuries)”, with an article by Kees Bezemer (Leiden), ‘Jacques de Revigny (d. 1296): Roman law as a means to shape French law’. His footnotes refer to a number of his own publications, including ‘French customs in the commentaries of Jacques de Revigny’, Tijdschrift voor Rechtsgeschiedenis 62 (1994) 81-112. Bezemer devoted a book to Revigny, What Jacques saw. Thirteenth-century France through the eyes of Jacques de Revigny, professor of law at Orleans (Frankfurt am Main, 1997). Custom law in the eyes of De Revigny is the subject of the thesis of Laurent Waelkens (Universiteit Leuven) defended thirty years ago at Leiden, La théorie de la coutume chez Jacques de Révigny: édition et analyse de sa répétition sur la loi De quibus (D. 1, 3, 32) (Leiden, 1984). Sadly the online bibliography at Nancy does not contain this study of Waelkens, and for Bezemer only one publication has been entered. Bezemer and Waelkens follow the lead of the late Robert Feenstra who had entered the paths first walked by Eduard Maurits Meijers (1880-1954).

We will probably have to look also at an earlier generation of professors at Orleans, to the predecessors of Jacques de Revigny and Pierre de Belleperche, such as Guido de Cumis and Jean de Monchy. In this respect and for a good balance I have to mention a study by Marie Bassano, “Dominus domini mei dixit. . . “; Enseignement du droit et construction d’une identité des juristes et de la science juridique. Le studium d’Orléans (c. 1230-c. 1320) (Ph.D. thesis, Université Paris-2, 2008).

There is a clear need to look past the blinkers! From my point of view there seems to be a gap between an outdated belief on one side that any influence of Roman law in French medieval legal history is harmful, perhaps because this legal system contributed to the power of the French kings, and on the other side the fact Roman law offered itself as a normative system with the possibility to give legal customs a proper place. The French kings had indeed strong ambitions to become as powerful as their English counterpart and the German emperor, and they, too, enlisted everything and everyone that seemed useful for that purpose, with or without explicit use of Roman law. The online edition of Graziella Pastore should indeed offer yet another stimulus to look again at France in the thirteenth century in an open way. Using the French translations of Meijers’ articles concerning Orléans and French law provided by Robert Feenstra and H.FW.D. Fischer [Études d’histoire du droit (4 vol., Leiden 1956-1973)], and the studies of Bezemer and Waelkens, often accessible in French, give us the critical mass to do this. Let’s hope Pastore quickly puts things in order at the second website and brings us the promised new article in the Bibliothèque de l’École des Chartes which should do justice to the almost two centuries long tradition of the École nationale des Chartes.

A postscript

On September 22, 2017 Kees Bezemer will retire from Leiden University after 42 years. A meeting in his honour will be held at the Law Faculty.

Graziella Pastore kindly provided me with complete information about her article which finally has been published. The second website is indeed a prototype she built around Stein’s article. Pastore pointed me also to the description of the manuscript at the BnF in the Miroir des classiques project of Frédéric Duval at the École nationale des Chartes.