Category Archives: Manuscripts

A fusion of medieval legal systems at St. Andrews

Startscreen CLICME

Some months ago I came across the website of a rather intriguing project which aims at studying not just one medieval legal system, but three. Though the full project title is rather long, Civil Law, Common Law, Customary Law | Consonance, Divergence and Transformation in Western Europe from the late eleventh to the thirteenth centuries, the web address contains a playful variant of the term “Click me”, and of course I could not resist the temptation to visit the project website. In this post I want to look at this project at the University of St. Andrews and comment on some of its features. In particular the legal “encyclopedia” and the section with text editions can be most useful. Comparative legal history was the very theme of the 24th British Legal History Conference held in St. Andrews from July 10 to 13, 2019.

A tour of a threefold project

Logo CL project

The aim of this project is to study three legal systems together in their European setting during the Middle Ages, the common law, the European ius commune and customary law . One of the motivations for this choice is the wish to avoid a picture of common law against European law. Nor doe the team want to celebrate the uniqueness of the common law and its development over the centuries or to propagate a new European ius commune. Similarities, changes, continuities and differences are to receive equal attention.

The leader of the CL project is John Hudson, and the senior researcher of this project is Emanuel Conte (Università Roma Tre/EHESS). The four post-doctoral researchers are Andrew Cecchinato, Will Eves, Attilio Stella and Sarah White, and there are three graduate students working on a PhD thesis, Dan Armstrong, David de Concilio and Kim Thao Le. Andrew Cecchinato will focus on the relevance of the European legal heritage for the formation of William Blackstone’s concept of English law. Will Eves will look at the history of concepts for “ownership” in the common law and the influences on it of the concept proprietas in the European ius commune. Attilio Stella is studying the relations between the learned law and judicial and social practice by looking at archival and court evidence from a number of towns in northern Italy. Sarah White is working with twelfth and thirteenth-century treatises on legal procedure, in particular ordines iudiciarii from England, and also on ecclesiastical and Roman legal procedure in general.

The PhD thesis of Dan Armstrong will deal with politics, law and visions of the church in the relations between England and the papacy from around 1066 to around 1154. David de Concilio’s theme is the use of dialectic in legal texts of the late twelfth century, in particular in the brocarda; he plans an edition of a brocarda collection in canon law. Kim Thao Le has started to research the origin and progress of the English jury in the twelfth and thirteenth centuries and the notion of reputation. She will look for possible interaction between the common law and canon law. The website of the CL project has a section for research updates of individual researchers.

Research, online editions and more

Under the heading Research issues the first issue poses a trenchant question about proprietary law. Who did first coin the phrase “bundle of rights”? John Hudson found the phrase in works from 1886 and 1873. A quick first search for an earlier occurrence led me to Henry Maine who in his Ancient Law: its connection with the early history of society, and its relation to modern ideas (London 1861, online, Hathi Trust Digital Library) writes in chapter 6 (ed. 1861, p. 178): “The first question leads to the universitas juris; that is, a university (or bundle) of rights and duties”.

However interesting it can be to look here more closely at the individual projects, the presence in itself of a section with online editions of medieval legal texts deserves attention, too. Currently six texts are available online. The first text is a mnemonic poem for remembering the causae and quaestiones of the Decretum Gratiani, edited by Attilio Stella. The next item is a transcription of a mid-thirteenth century procedural treatise, ‘Iudicium est actus trium personarum’. Sarah White explains three different treatises exist with the same incipit. The third page presents a digitized version of the edition by Karl Lehmann, Das langobardische Lehnrecht (Göttingen 1896) of the Vulgata version of the Libri Feudorum, a treatise on feudal law that became a part of the Corpus Iuris Civilis. The team of the CL project promises us an English translation of this text, following perhaps the lead of Jop Spruit and Jeroen Chorus who published in 2016 a Dutch translation of the Libri Feudorum as an addendum to the translation of the Corpus Iuris Civilis, discussed here earlier in a post on translations of medieval legal texts.

With the fourth item customary law comes into view. It brings a transcription of the first part of the text known as the Très ancien coutumier de Normandie or Statuta et consuetudines Normanniae transcribed from the manuscript Città del Vaticano, Biblioteca Apostolica Vaticana, ms. Ottobon. 2964In my 2011 post ‘Centuries of law in Normandy’ I devoted some space to this coutumier. The fifth text is a transcription of the Summa feudorum ascribed to Johannes de Revigny, a lawyer from Orleans. The introduction discuss the scholarship since the fifties on the identification of the author. Using the term “Pseudo-Revigny” is a most convenient suggestion of the CL team for the author of this text which survives only in the manuscript Parma, Biblioteca Palatina, ms. Parm. 1227. The sixth text presented here is a Summula de presumptionibus’, transcribed from the manuscript BAV, Pal. lat. 653. This text represents the brocarda genre, and it is safe to assume David de Concilio provided its transcription and a useful introduction.

Another and much promising part of the CL project is a legal encyclopaedia. There will be three levels within this project. Level 1, already available, offers a dictionary with concise definition of legal terms in common law and both Roman and canon law in their medieval stage. This dictionary is most welcome, and in particular helpful for scholars who want support on unfamiliar grounds. On level 2 a number of terms will be discussed more thoroughly. On the third level conversations will be published around a limited number of terms which seem the most rewarding in discussing aspects of medieval law. Any suggestions, corrections and additions can be sent to the CL team by mail, clclcl@st-andrews.ac.uk.

Startscreen ILCR for Canterbury Court Records

It is only natural to find on the project website an overview of recent publications concerning the research done for the CL project. The Institute of Legal and Constitutional Research (ILCR) at the University of St. Andrews provides the framework and foundation for the CL project. I could not help looking at particular at the project for Canterbury Court Records. Sarah White has developed a databases with images from the thirteenth-century records held at the Canterbury Cathedral Archives. The direct link to the database leads you to a special St. Andrews login page for which the CL team can help you to register. I found some solace in the image collections of Canterbury Cathedral with a great selection of archival records and manuscripts. One would dearly like to look at these court records, because after all the CL project wets your appetite to search yourself for possible interactions between the common law, customary law and medieval canon law. Having online access to court records at Canterbury will cast a wider net for comparison with court records from the diocese of Ely and the archdiocese York. This comment should not stop you from visiting the website of the ILCR with its interesting projects, including a number of videos.

The team of the CL project has started working on a number of coherent themes that perhaps too often are seen in isolation. The results can be become a mirror in which the interplay between seemingly different legal systems and the ways medieval lawyers worked can be become much clearer. Some rhetoric about the uniqueness English law and the unity of European law will probably not been blown away by it, but for those wanting to look beyond the surface some promising vistas will become visible.

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Medieval manuscripts from France and England united

Banner France-Angleterre 700-1200

The future of the relations between Europe and the United Kingdom can at times seem darkened by current politics. As if no Brexit of whatever nature lies ahead a new online project has been created giving online access to some 800 medieval manuscripts kept at the Bibliothèque nationale de France in Paris and the British Library in London. These manuscripts were produced between 700 and 1200. At least a number of them belongs to the period the dukes of Normandy had conquered England and established connections that would last for centuries. In this post I want to look at the project France-Angleterre 700-1200: Manuscrits médiévaux entre 700 et 1200, and in particular at the manuscripts connected with law and justice. You can view the project in French, English and Italian.

Manuscripts in two cities

Logo The Polonsky Foundation

The two libraries cooperating in this project would sorely miss the support of a Dritter im Bunde, The Polonsky Foundation, which supports projects concerning cultural heritage. Medieval manuscripts receive a fair share of its attention, in particular for the digitization of manuscripts held at the Vatican Library in cooperation with the Bodleian Libraries, Oxford. The France-Angleterre website is supported by a website hosted by the British Library, Medieval England and France, 700-1200, viewable in English and French, where you will find articles on subjects such as medieval historians, manuscript illumination and the libraries of medieval monasteries. For both the BL and the BnF the website offers an introduction about the history of their manuscript collections and a selection of 115 manuscripts. The selection contains two decorated manuscripts of the Decretum Gratiani (BnF, Latin 3888 and BL, Arundel 490), a copy of Justinian’s Digest (BnF, Latin 4454) and a volume with legal texts concerning London, a description of England and Ranulph de Glanville’s legal treatise (BL, Add 14252). You can read also about six themes: art and illumination, history and learning, science and nature, Christian religion and belief, manuscript production and the modern care of medieval manuscripts in library collections. There is a glossary and a series of videos about the making of medieval manuscripts. You can also watch a video touching on legal history, The role of law in governing medieval England. At the resources page the blogs of the BL and BnF can tell you more about the project. Several conferences about these newly digitized manuscripts will be held, too.

The main manuscripts website of France-Angleterre offers four filters to approach the digitized manuscripts: themes, authors, locations and centuries. I assume here you would like to explore a particular theme, canon and civil law; nine other themes are presented as well. With 70 manuscripts of the 800 on this website the score for legal texts is higher here than in the selection, just four among 115 manuscripts, but this is better than the other way around. The presentation of the manuscripts at France-Angleterre looks familiar for regular visitors of the Gallica digital library of the BnF. When you look at the languages of these seventy manuscripts the number of 69 for Latin clearly means some manuscripts contain texts in two languages. The range of dates is from the eleventh to the sixteenth century, with 24 manuscripts from the twelfth century. The presence of BL, Royal MS 8 E XV with Alcuin’s letters is justified by the presence of fragments of a tenth-century charter. Each manuscript is not shown in the viewer used at Gallica, but in the IIIF compliant viewer increasingly used nowadays. With the heading Canon and civil law you would expect a filter to distinguish between legal systems, but this is not provided for. For canon law I mentioned already the Decretum Gratiani, and you will find a number of older canon law collections, such as the Collectio Dacheriana (BL, Harley 2886 and 3845) and the Dionysio-Hadriana, the Rule of St. Benedict, the Pseudo-Isidorean decretals, and also the Institutio canonicorum Aquisgranensis, the Aachen rule for canons. The detailed description of BnF Latin 13908 mentions another text in this volume, the Statuta Adalhardi abbatis, the reason why this manuscript with Boethius’ De institutione musica has been included in this section. The Statuta Adalhardi abbatis are a variant title for the Constitutiones Corbeienses or Statuta seu Brevia Adalhardi abbatis Corbeiensis from 826, information easily found at the Monastic Manuscript Project. This manuscript is the oldest one to contain this text.

Image of London, BL. Egerton 2901, f. 1v

The Collectio Francofurtana – BL, Egerton 2901, f. 1r – image British Library

My interest was in particular awakened by the presence of the Collectio Francofurtana in BL, Egerton 2901, a twelfth-century collection of papal decretals, verdicts in the form of letters to delegated judges. During my period in Munich in 1997 and 1998 at the Stephan-Kuttner-Institute of Medieval Canon Law I had the chance to look at Walther Holtzmann’s card index of twelfth-century decretals, and also at the microfilms of the four manuscripts of the Collectio Francofurtana, an early systematic decretal collections created in or around 1183. Gisela Drossbach has successfully dealt with both the card index, now available online, and this decretal collection. Twenty years later it is only natural to look for the online presence of the other three manuscripts as well. Within the Digitale Sammlungen of the Universitätsbibliothek Frankfurt am Main you will indeed find the manuscript Barth. 60, the manuscript which gave its name to this decretal collection. The manuscript BnF, Lat. 3922A is present in Gallica, and the manuscript Troyes, BM 961, has been digitized in the Mediathèque of the Bibliothèque municipale in Troyes. It is quite a change from the black-and-white microfilms to four manuscripts at your screen in full colour.

Among the texts concerning canon law at France-Angleterre you will find texts from several church councils.and also monastic regulations, in particular the Coutumes de Cluny (Constitutiones Cluniacenses) in BnF, Lat. 13875. The Decretum of Burchard of Worms is present in BnF, Lat. 3860.

For Roman law we encounter not only the Digesta but also the Codex Iustinianus, the Codex Theodosianus and the Epitome Gaii Institutionum, a shortened version of the Institutes of Gaius. A number of Late Antique texts collectively known as the leges barbarorum or the Volksrechte are also present, among them the Leges Visigothorum and the Breviarium Alarici, the Lex Salica and the Lex Ribuaria. These texts are found in manuscripts surrounded by other texts. The French and Italian version of the website specifically mentions this fact for the section on law, “mais aussi tout recueil de lois” and “così come ogni altro compendio di natura giuridica”, but this has been omitted in the English version.

The language filter of France-Angleterre invites you to explore the use of other languages than Latin. For the first manuscript with one or more texts in Old French, BL, Cotton Tiberius E IV, it is not immediately clear which text is written in Old French. The manuscript catalogue of the British Library makes clear two only two separate texts at f. 28v and 29v were written in Old French, one of them the abdication of John, king of Scots on July 10, 1296. The same story can be told for BL, Cotton Vespasian B XX, with only some notes in Old French at f. 25r. I was afraid this story would continue for the three manuscripts with texts in Anglo-Norman, for example BL, Add. 24006 with as its main text the Tractatus de legibus et consuetudines Angliae by Ranulph of Glanvill and the first version of the Leges Edwardi Confessoris. The entry for the Early English Laws project does not mention any Anglo-Norman text in this manuscript. However, BL Add 14252 with again Glanvill’s treatise does contain several legal texts in Anglo-Norman, among them laws for London (f. 101-104r, 113r-117r, 119r-124r), and for weavers and fullers in Winchester, Oxford and other towns (f 111r-112r). In BL, Sloane 1580 the text in Anglo-Norman is not a legal text, but the oldest translation in medieval vernacular of a scientific text, the Comput (Computus) by Philippe de Thaon (f. 162v-178r). The manuscript contains only one legal treatise (f. 182r-184r), a kind of prologue connected with the Epitome exactis regibus. BL, Cotton Otho E XIII, has glosses in Breton for the Collectio Canonum Hibernensis. The Comput of Philippe de Thaon can be read in four other manuscripts within France-Angleterre.

A rapid tour

With just seventy manuscripts out of a total of 800 for France-Angleterre it is clear the sample taken here deals with less than ten percent of this digital collection. The impression seems clear that the selection contains for the field of law mainly Roman law texts, Late Antique laws, a wide choice of texts touching on canon law, and only a few examples of texts concerning English law. I did not readily find any text on French customary law or French royal acts. Before you might divine this has to do with the division of manuscripts in this selection, I should add that this selection contains thirty-five manuscripts from each library, a perfectly balanced choice with regard to numeric values. The choice for the period 700-1200 could have led to the presence of multiple texts in Anglo-Saxon in this selection, but in fact there is just a single manuscript in this language, the Heliand in BL, Cotton Caligula A VII. The advanced search mode of France-Angleterre allows you to search for several basic fields, for particular languages and time ranges.

I found it very important to see at France-Angleterre how texts we tend to single out were transmitted alongside sometimes very different other texts. It reminded me we should not see medieval law and justice in isolation. For all its qualities the IIIF viewer does not immediately show you how to go quickly to the end of a manuscript, but the gallery view does this for you. In a number of cases there is a side panel at the left which helps you to navigate to particular sections of a manuscript. The detailed description of items is often sufficient, but anyway all items are connected either with the archives and manuscripts catalogue of the British Library or with the catalogue for archives et manuscrits of the BnF. This joint venture supported by The Polonsky Foundation affirms the reputation of both libraries. France-Angleterre seems to me a great gateway for exploring medieval manuscripts, both for beginners and for scholars with their own questions and wishes.

A postcript

Klaus Graf, archivist of the RWTH (Aachen), has checked on Archivalia at random some of the links to manuscripts at France-Angleterre, and he found serious problems. Graf fights for the durability of links, in particular permalinks . It is only reasonable to create a reliable website which can function correctly for many years. Link rot is not a new phenomenon. It would be bad to have weak links right from the start. The team of France-Anglettere should deal quickly and constructively with this matter.

At the introductory website of France-Angleterre hosted by the British Library Joanna Fronska has published an article on legal manuscripts in England and France with much attention to manuscript production and artistic influences.

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 inscriptions 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.

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 of the Codex Theodosianus (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.