Category Archives: Scholars

Editing medieval royal laws from Spain

The start screen of 7 Partidas Digital

Last month I wanted to refresh my blogroll. Among the additions one blog stands out because its name does not start with a letter, but with a number, and it appears now as the very first item of the blogroll, reason enough for further exploration. It is a project for a new edition of laws created by a king with perhaps the best reputation of all medieval kings, at least in modern perception. Alfonso el Sabio, or Alfonso X of Castile, king Alphonso the Wise, wrote the songs of the Cantigas de Santa Maria, and he created a famous law collection, the Siete Partidas (Seven Parts). For a new critical edition of this collection the Spanish team of editors have created the blog 7 Partidas Digital: Edición critica de las Siete Partidas, hosted by the Hypotheses network. In this post I will look at this project and I will try to provide some context for it.

Studying medieval laws

Royal legislation in the Middle Ages is not easy to bring under one common denominator. Scholars such as Sten Gagnér (1921-2000) have helped us much to see legislation in new light, in particular in his Studien zur Ideengeschichte der Gesetzgebung (Stockholm, etc., 1960). Armin Wolf focuses in his research on medieval legislation, in particular in Gesetzgebung in Europa 1100–1500: Zur Entstehung der Territorialstaaten (2nd edition, Munich 1996), and like Gagnér he has written about a great variety of laws and lawgivers, including Alfonso el Sabio (1221-1284). In 2002 the Max-Planck-Institut for European Legal History in Frankfurt am Main could acquire the vast library of Gagnér. Michael Stolleis, for man years the director of this institute and a scholar trained by Gagnér, wrote a moving and most instructive tribute to Gagnér [‘Sten Gagnér (1921-2000), ein großer Lehrer der europäischen Rechtsgeschichte’, Quaderni Fiorentini 29 (2000) 560-569; PDF]. For many years Wolf, too, worked for and at this institute. His fundamental book about medieval legislation first appeared in a volume of Helmut Coing’s Handbuch der europäischen Privatrechtsgeschichte. It is by all means wise to benefit here, too, from the rich resources of this Max-Planck-Institut, starting perhaps with the online catalogue of its library.

Let’s start a tour of the blog 7Partidas Digital, a project at the Universidad de Valladolid. There have been two major adaptations of this legal collection, in the incunabula edition of 1491 (Alonso Díaz de Montalvo) and the edition published in 1555 (Gregorio López), and a semi-official edition in 1807 by the Real Academia de la Historia, but not yet a critical edition. The aim of the project is to bring together all textual sources and present them online, to create an online critical edition and to provide a up-to-date bibliography of relevant scholarship in a Zotero group. The bibliography takes as its starting point the study of Jerry Craddock, The legislative work of Alfonso X. A critical bibliography (London 1986; 2nd edition, 2011). You can consult the 1986-1990 update of Craddock’s bibliography online (eScholarship, University of California). Already the fact that Craddock could adduce manuscripts not earlier included and comment on them should make you aware of the complicated textual tradition of the Siete Partidas and other Alphonsine laws. By the way, Robert Burns added an introduction to the reprint of the English translation of the Siete Partidas by S.P. Scott (first edition 1931; reprint 5 vol., Philadelphia, 2001, 2012).

Logo 7PartidasDigital

The core of the project is the online edition hosted at GitHub which is being created using XML / TEI. TEI stands for Text Encoding Initiative, one of the major metadata standards in creating digital text editions. As for now the project has resulted in editions of some textual witnesses kept at Valladolid. The Siete Partidas is a rather large legal code. The section Léxico explains the incunabula edition in 1491 contains 772,000 words. The first part (Primera partida a.k.a. Libro de los leyes) in one particular manuscript (London, British Library, Add. 20787, sigle LBL) good for more than 165,000 words. The image of a kind of Spanish armada, a fleet with an outsize flagship and many minor vessels around it, is probably a fair description. The project will create a special dictionary for the Siete Partidas, of which the letter Z, the only one already publishedgives you an idea.

The section Testimonios gives you a general overview of relevant manuscripts and their contents, mainly as noted in the Philobiblon project for Iberian medieval manuscripts (Bancroft Library, University of California at Berkeley), and for a number of them – including LBL mentioned above – extensive descriptions. One of the scholars helping to track down manuscripts with laws issued by Alfonso el Sabio was the late Antonio García y García. A further asset on this web page is an interactive map showing where institutions have relevant manuscripts within their collections. An essential element in this project are the Normas de codificación, the rules for the encoding of the text and the critical apparatus in the XML / TEI pages, and additional guidelines for the transcription of the legal texts.

Access to Alfonso’s laws

Banner BDH

By now you might think all this information does not yet bring you directly to the texts associated with king Alfonso el Sabio, but you could as well admit that some preparation is needed indeed to approach them. I had expected to find here both images of manuscripts and an edition on your computer screen, and therefore I would like to provide you at least with some information about the most important printed editions. A text of the Sieta Partidas was printed twice in 1491 [Las siete partidas de Alfonso X el Sabio, con las adiciones de Alfonso Díaz de Montalvo (Seville: Meinardus Ungut and Stanislaus Polonus, 25 October 1491; GW M42026, online for example in the Biblioteca Digital Hispánica)], and two months later again with the same title [(Seville: Compañeros alemanes, 24 December 1491) GW M42028, online in the Biblioteca Virtual del Patrimonio Bibliográfico (BVPB)]. The Gesamtkatolog der Wiegendrucke (GW) (Staatsbibliothek zu Berlin) and the Incunabula Short Title Catalogue (British Library and CERL) show you concise bibliographical information and lists with extant copies worldwide for both editions rather short lists. The edition by Gregorio de López de Tovar appeared in 1555 and can be viewed online in the BVPB [Las Siete Partidas del Sabio Rey don Alonso el nono (…) (Salamanca: Andrea de Portonariis, 1555)].

The Biblioteca Digital Hispánica brings you not only a number of old reprints, some of them enhanced with useful registers, but also a number of digitized manuscripts. It contains also a digital version of the edition published by the Real Academia de la Historia (Las Siete Partidas del Rey Don Alfonso el Sabio cotejada con varios códices antiguos (…) (Madrid 1807)]. The Hispanic Seminary provides you in its Digital Library of Old Spanish texts in the section for Spanish legal texts with a transcription of the Primera Partida in the 1491 edition. You can find more editions and books about the Siete Partidas in the Catálogo Colectivo del Patrimonio Bibliográfico Español, and for example in the Bibliografía Española en Línea, a service of the Biblioteca Nacional de España, and more specifically in the Repertorio del Medievalismo Hispánico (Institución Milà y Fontanals, Barcelona).

In the midst of all these elements I would almost forget to mention the blog posts of Siete Partidas Digital, to be found under Entradas. The most recent contribution in this second is a full-scale article by José Domingues (Porto) about the Portuguese version of the Siete Partidas and its manuscript tradition (A Tradição Medieval das Sete Partidas em Portugal). The first blog post alerts to the 2015 revised online version of Dwayne E. Carpenter, Alfonso X and the Jews: An Edition of and Commentary on Siete Partidas 7.24 «De los judios» (thesis, University of California, 1986), and to new textual witnesses found in the Archivo de la Real Chancillería de Valladolid, referred to in the edition with the sigle VA4, but alas the links to the finding aid with these archival records and to the article describing them are broken. However, here the project in Valladolid scores with its section on text bearers: The page on VA4 gives you full information, but here, too, you have to reckon with links to Spanish archival records which stem from expired web sessions. You will have to repeat yourself each consecutive step of the search at the rich but cumbersome navigable PARES portal, the digital home to both online inventories and many digitized archival records in Spanish state archives. You will find a quick introduction to Alfonso el Sabio and the texts concerning the legal status of religious minorities in the Siete Partidas in the database of the RELMIN project around the position of these minorities in the medieval Mediterranean, with also some references to basic modern literature, and for each of the relevant texts a translation, an analysis and references to further studies. RELMIN provides you with sometimes both English and French translations.

Normally I would feel rather exhausted, or to be honest definitely feel irritated, to say the least, about such a sorry state of affairs, the combination of a broken link and arduous recovering information using the PARES portal, but this time I can appreciate very much one of the things Sten Gagnér taught his students, not only in his lectures and seminars, but foremost by his own example. At the end of this post I really want to mention something Michael Stolleis made crystal clear in his tribute to Gagnér. He wanted his students to see things for himself in sources, to trace back and check the steps others had set, be they the pioneers and leaders in the various fields of legal history or more average scholars, to see the very words in the sources they found, to assess the meaning and context of words anew. Studying legislation in past and present in all its forms should be an exercise in good thinking, not a slipshod affair, as if you only have to dip your spoon in an ocean of sources. No school, department or faculty can provide you completely with his kind of training, because here your own intellectual honesty and drive to become and be a true historian should work for all you are worth, for all things and people you value most.

A postscript

After the things I siad about the PARES portal I must do justice to the riches of this portal by referring to the wonderful online guide by Scott Cave and Ashleigh Dean, aptly called Taming PARES. Their guide really unlocks this treasure trove!

Opening a book: Simon van Leeuwen and Dutch history

Portrait of Simon van Leeuwen by P. Philippe, 1662 - Amsterdam, Rijksmuseum

Portrait of Simon van Leeuwen by P. Philippe, 1662 – engraving, Amsterdam, Rijksmuseum

In the galaxy of lawyers in the seventeenth-century Dutch Republic Hugo Grotius is at the very center. Other lawyers are judged according to their contributions to legal doctrine. In this view Simon van Leeuwen (1626-1682) would figure near the outer rim, because he was more a compiler and commentator. Nevertheless, he shared with Grotius among other things an interest in Dutch history. In this post I would like to look at Van Leeuwen’s books, and in particular his posthumously published work on Dutch history. This year I could benefit time and again from its information while researching the lives of some people living in the Golden Age of the Dutch Republic. My curiosity to find out more about his works prompted me to write here in my series Opening a book. Van Leeuwen translated for example also a work in the field of world history. My search brought me back to the repertory of Dutch Early Modern historians, Repertorium van geschiedschrijvers in Nederland 1500-1800 by E.O.G. Haitsma Mulier and G. van der Lem (The Hague 1990), now also available online in the Digitale Bibliotheek voor de Nederlandse Letteren.

A prolific writer

If you check for Simon van Leeuwen in the Short Title Catalogue Netherlands you will get nearly ninety hits, and the earliest book shown is his edition in 1651 of a work by Quintyn Weytsen, Een tractaet van avarien, a work about general average, cases in maritime law about unavoidable damage to ships, a matter dealt with here three years ago. In 1652 van Leeuwen published his first own book, Paratitula juris novissimi dat is Een kort begrip van het Rooms-Hollandts-reght (Leiden 1652), with in the subtitle the term that made him famous, the Rooms-Hollands recht, the Roman-Dutch Law. I had expected the exhibit of the Robbins Collections of Berkely’s School of Law would at last resurface on its redesigned website, but as for now you can only view the starting page of The Roman-Dutch Legal Tradition. Notaries are the subject of his following book, Notarius publicus, dat is, De practycke ende oeffeninge der notarissen (first edition, Dordrecht 1657), but actually it had already been printed a year earlier as an additional part of the second edition of the Paratitula (Leiden 1656). In this book he offers also a dictionary of Dutch law terms, including the neologisms coined by Grotius in his Inleidinge tot de Hollandsche regtsgeleerdheid (1631).

Cover öf the "cesnura foresnsis", 1662 - source: STCN

Cover of the first edition of Van Leeuwen’s “Censura forensis” (Leiden 1662) – copy Vrije Universiteit Amsterdam; image: STCN

Van Leeuwen’s practice as a lawyer explains to some extent his choice of subjects. He was born in Leiden where he studied literature and law at the university. After receiving his law degree in 1646 he started as a barrister in The Hague at the Hof van Holland and the Supreme Council, and later in Leiden. In 1681 he returns to the Dutch Supreme Council, the Hoge Raad van Holland en Zeeland. In 1659 appeared his first work on Dutch history, Redeningh over den oorspronck, reght, ende onderscheyt der edelen, ende wel-borenen in Hollandt, literally translated “an argument about the origin, law and distinction of noblemen and gentry in Holland”, a subject which should indeed interest people in a country that aspired to be a real republic of equal citizens. In 1659 appeared also his translation of a book by Petrus Peckius (1529-1589), De iure sistendi, with the Dutch title Verhandelinghe van handt-opleggen ende besetten: dat is, Arrest op persoon ende goederen (Leiden 1659), a book about the way one could arrest people and legally seize goods. His following book is in Latin, which no doubt helped to get noticed by lawyers all over Europe, Censura forensis, theoretico-practica id est Totius juris civilis, Romani […] methodica collatio (Lugduni Batavorum 1662).

A year later appeared an even more ambitious work, an enlarged version of the edition by Denis Godefroy and Antonius Anselmus of the Corpus Iuris Civilis (Amsterdam-Leiden 1663). A few years later Van Leeuwen chose a more restricted subject, court procedure, in his Manier van procederen in civile en criminele saaken (Leiden 1666). In 1667 appeared his translation of a work in Latin on Persian history by Johannes de Laet (1593-1649), Voyagien, naa, en door het groot en magtige koninkryk van Persia (Amsterdam 1667) [Persia seu Regni Persici status variaque itinera in atque per Persiam]. De Laet (latinized Laetius), a student at Leiden of Scaliger, was a pioneer of comparative linguistics and world geography, and also a governor of the Dutch West India Company. Van Leeuwen commands our respect for his wide interest and his personal combination of global and more local matters.

In 1667 Van Leeuwen published also two new works, the Handvesten ende privilegien van den lande van Rijnland, met den gevolge van dien and Costumen, keuren, ende ordonnantien, van het baljuschap ende lande van Rijnland, editions of sources, in particular ordinances and privileges, of Rijnland, the area around Leiden which in one particular respect, water government, formed a unity. We shall see below how he used these sources in the work published only after his death. in 1671 appeared a work on the history of Roman law he wrote together with Arnoldus Vinnius (1588-1657), De origine & progressu juris civilis Romani authores & fragmenta veterum juris consultorum, to which he contributed two chapters.

The last independent work published during Van Leeuwen’s life was a book on the history of Leiden, Korte besgryving van het Lugdunum Batavorum nu Leyden (Leiden 1672). The collection of legal consultations Bellum juridicum: ofte Den oorlogh der advocaten (Amsterdam 1683) is ascribed to him, but there is reasonable doubt about his authorship. One of the reasons for this doubt is that we know Van Leeuwen helped in this very year Cornelis Cau in publishing the third volume of the massive collections of ordinances issued by the General Estates and the States of Holland, the Groot placaet-boeck, vervattende de placaten […] van de […] Staten Generael […] ende van de […] Staten van Hollandt ende West-Vrieslandt (third volume, The Hague 1683).

Holland’s history brought to higher levels

Frontispice of Batavia Illustrata, 1685

Frontispice of Van Leeuwen’s “Batavia Illustrata” (1685) – copy Royal Library, The Hague – image STCN

With Van Leeuwen we encounter a writer interested in several subjects: Dutch law, Dutch history, Roman law and even world history. In my view he clearly aspired to have a part in major projects both within Holland and on an European scale. Only by considering this context you can arrive at an explanation for the title of his posthumously published massive work Batavia illustrata, ofte Verhandelinge vanden oorspronk, voortgank, zeden, eere, staat en godtsdienst van Oud Batavien (…) (1 vol. in 2 parts, The Hague 1685), “Illustrious Holland, or a treatise on the origin, progress, traditions, state and religion of Old Batavia. Van Leeuwen presents here materials around an enlarged edition of a work by Wouter van Goudhoeven (1577-1628), D’oude chronijcke ende historien van Holland (first edition 1620), in itself a continuation of the so-called Divisiekroniek, first printed in the early sixteenth century. Van Leeuwen does not only follow the foot steps of Dutch historians, but chooses a title, Batavia Illustrata which in a way sounds as a conscious imitation of the title of a famous work on the history of Italy, Italia illustrata by Flavio Biondo. The frontispiece of Van Leeuwen’s opus ultimum shows in front of the two angels with the title at the left an allegory of the Dutch virgin with a staff bearing the hat of library and a hand caressing the Dutch lion, and at the same time telling Clio, the muse of history, the stories of Holland’s glory which she jots down in the book on her knees. If you read the complete title on the title page you cannot miss the double approach of this work, a continuation and improvement on earlier histories and a work based on research in oude schriften ende authenticque stukken, “old manuscripts and original records”.

The gentry, too, appears in Van Leeuwen’s long title. An overview of genteel families in Holland is a major feature of his book, with lots of genealogical detail. It reads almost as a who is who of Dutch Early Modern history. Inevitably this work has been digitized by the Great Global Search Firm, but only in black-and-white. You had better use the version in the Digitale Sammlungen of the Bayerische Staatsbibliothek, Munich (vol. 1, vol. 2). The last part of the second volume contains several lists of all kind of Dutch officials, including the board members of three major hoogheemraadschappen, the independent boards responsible for water control and protection against the sea, Rijnland, Delfland (around Delft) and Schieland (near Rotterdam). Here you will find out why the museum Boymans-van Beuningen in Rotterdam is situated at a lane called Matenesserlaan, not only because of a field name, but also in recognition of the role of a powerful family. During my research on members of the Van Matenesse’s I found often more in Van Leeuwen’s book than in modern Dutch biographical works conveniently accessible online at the Biografisch Portaal. Of course I could also spot at some turns information which clearly is not correct, but in general this work is reliable.

For me the point in writing here about Van Leeuwen is the fact he was not just a second-rank writer about Dutch law, however right this judgment surely is. Van Leeuwen did efforts to republish or translate the work of others, and he succeeded in collaborating on important publications of other Dutch authors. He did not only publish source editions, but used them also for his own historical works. Through his manuals on Dutch law, legal procedure and notarial law his influence on Dutch practitioners of the law was substantial. Both the original and the English translation of his work on the Roman-Dutch law influenced law in South Africa.

A postscript

On May 19, 2017 the fifth and final volume of the series “Bibliografie van de Nederlandse Rechtswetenschap tot 1811  Bibliography of jurists of the Northern Netherlands active outside the Dutch universities to the year 1811, edited by the late Robert Feenstra and Douglas Osler (Amsterdam 2017), will be officially presented at the Peace Palace in The Hague. No doubt Van Leeuwen, too, figures in this volume, and the multitude of the reprints and re-editions of his works will come much more into view.

John Noonan, judge and historian

John T. Noonan Jr. - photo Kenneth Pennington, 1998

John T. Noonan Jr – Erice,1998 – photo Kenneth Pennington

Should an historian act as a judge, pronouncing verdicts on the past? Should a judge express views about the past or even use the past for his judgments? How can legal history help judges? Can you imagine that knowing about the history of medieval canon law, a subject seemingly quite distant from modern times, can prepare someone to become a respected judge? For a moment you might think I seduce you to follow me in an experiment, but I had rather tell here about the experiences of a scholar and judge who dealt in his life with exactly the questions at the start of this post. On April 17, 2017 John T. Noonan Jr. died. He served for thirty years as a judge of the Ninth U.S. Circuit Court of Appeals in San Francisco. Before and during his period as a judge he did research in the field of medieval and modern canon law. Noonan (1926-2017) wrote also about American law in past and present. A number of obituaries have appeared which focus on his contributions as a judge. Here I would like to honour his achievements by looking at his work as a legal historian.

Near to major themes in law and society

The obituaries I have seen until now understandably focus on his work as a judge. In particular the obituary issued by the Ninth Circuit Court of Appeals mentions a number of major cases – with full references – to which Noonan contributed, sometimes with a dissenting opinion which was eventually followed by the Supreme Court of the United States. Even Wikipedia gives substantial quotes from these important cases in the article about Noonan. The obituaries in the San Francisco Chronicle and The New York Times single out his political independence. Noonan was a Catholic who opposed abortion, but he certainly could not be labelled conservative. In the Commonweal Magazine‘s obituary there is attention for Noonan’s clear views about liberalism, but also on Shakespeare and the lack of attention to the Bard’s religion. The Faculty Lounge has a short notice by Alfred Brophy about Noonan’s passing, but he redeems it by sending you to a moving tribute at the blog of Diane Marie Amann (University of Georgia). She goes straight to the heart of the matter by showing Noonan in action. If you prefer to skip the section here below about the impact of medieval canon law you are right to proceed to her fine post.

Noonan came from Boston and studied at Harvard University, Cambridge and the Catholic University of America. To mention only his academic posts, he was a professor at Notre Dame University between 1961 and 1966 and from 1967 onwards at the University of California at Berkeley (Boalt Hall). His first book was on a subject touching medieval canon law, theology and economic history, The scholastic analysis of usury (Cambridge, MA, 1957). In a modern textbook about medieval views of the economy [Diana Wood, Medieval economic thought (Cambridge, etc., 2002)] the two chapters about usury frequently refer you to Noonan’s book. Intention is one of the keys in understanding and defining usury and interest. His second book, Contraception. A history of its treatment by the Catholic theologians and canonists (Cambridge, MA, 1965; enlarged edition, 1986) appeared at a crucial moment in the history of the Catholic Church, in the aftermath of the Second Vatican Council when pope Paul VI created a commission to study contraception. He invited Noonan to participate in it as a consultant. Another study, too, brought medieval theology and canon law together [Power to dissolve. Lawyers and marriage in the courts of the Roman curia (Cambridge, MA, 1972)].

How authors come to a subject can be mysterious, but I think it is not entirely by chance that Noonan wrote about matters of life and death, in particular about moral conduct. Bonds dissolved or not are also at stake in his book on The Antelope : the ordeal of the recaptured Africans in the administrations of James Monroe and John Quincy Adams (Berkeley-Los Angeles, 1977). I could not resist going to the digital collection Slavery in America – discussed here in some detail last year – and to check for the presence of this case around a ship with slaves in 1820. Changing views on slavery are among the subjects in his study A Church that can and cannot change. The development of Catholic moral teaching (Notre Dame, IN, 2005). The personal conduct of judges through the centuries is the subject of Bribes. The intellectual history of a moral idea (New York, 1984). Many students of American law will know about his volumes with selected cases around religious freedom and the responsibilities of lawyers.

It is tempting to discuss here more of Noonan’s books which discuss developments in American law from a historical perspective, but I promised you to focus on medieval canon law. A fair number of Noonan’s articles can conveniently be consulted in the volume Canons and canonists in context (Goldbach 1997). Articles about medieval canon law appear not only in the few journals created for this field, but also elsewhere, sometimes in Festschriften. Thus the volumes in this series are most useful, also for the additions and corrections added by the authors. The bibliographical database of the Regesta Imperii (Akademie der Wissenschaften, Mainz) lists most of Noonan’s articles about medieval canon law.

Noonan wrote two major articles about the author of the Decretum Gratiani, a subject at the heart of the modern study of medieval canon law, because Gratian’s book is often seen as the core and cause of the very birth of medieval canon law. In the first article, ‘Was Gratian approved at Ferentino?’, Bulletin of Medieval Canon Law N.S. 6 (1976) 15-28, he investigates the historical evidence around a papal approbation of Gratian’s textbook. The second article, ‘Gratian slept here: the changing identity of the father of the systematic study of canon law’, Traditio 35 (1979) 145-172, is an object lesson in making distinctions about reliable and unreliable evidence. Noonan crushes sloppy thinking and careless repetition of unchecked information. Even his colleague at Berkeley, Stephan Kuttner, receives a frown at one point. Thirty years later Anders Winroth could establish at last some facts about the life of Gratian with certainty in ‘Where Gratian Slept: The Life and Death of the Father of Canon Law’, Zeitschrift der Savigny-Stiftung für Rechtsgeschichte. Kanonistische Abteilung 99 (2013) 105-128. Kenneth Pennington gives at his website a more colourful presentation of John Noonan’s work on Gratian, including the covers of some books and some remarkable photographs of Noonan.

Intention is a matter of concern in medieval canon law ever since its appearance in the twelfth century as a subject in medieval theology. It is through canon law that intention became a theme in criminal law. Judges were called upon to consider someone’s intentions. Stephan Kuttner, Noonan’s teacher in Washington, D.C., wrote the classic study tracing this development [Kanonistische Schuldlehre von Gratian bis auf die Dekretalen Gregors IX systematisch auf Grund der handschriftlichen Quellen dargestellt (Città del Vaticano 1935)] and Noonan clearly studied it in great depth. For Noonan the facts and intentions counted in judging historical situations. In his view facts matter indeed, because he wanted to judge cases, not persons. Some of his views of famous American judges can be found in Persons and masks of the law : Cardozo, Holmes, Jefferson, and Wythe as makers of the masks (New York, 1976). Noonan did not keep ethics and moral questions at a safe distance. Making the right judgments is only possible when knowledge of the law, insight into what consist justice and a fine-tuned and ever developing conscience come into action, or to put it more briefly, where mind and heart fully work together. It is exactly how Noonan impressed those who met him. Being a judge and a historian in one person is challenging, but he had the greatness to achieve this in a long and fruitful life.

A personal touch: Chasing autograph manuscripts of medieval lawyers

The Middle Ages span a millennium, and the very term has long darkened our understanding of this period in European history. Somehow the image of the Dark Age keeps to some extent its force for children, the general public and scholars alike. Seemingly out of the dark come the persons whose names we know, and romantic phantasy has often been very active to make them as colourful as possible. Clovis, Charlemagne, William the Conqueror and Saint Louis, the holy French king pronouncing the law, are among the people for whom we can find out more than only battles, deeds and orders, but we hear seldom the voice of more ordinary people. Thus the counsels of Dhuoda to her son, the visions and songs of abbess and composer Hildegard von Bingen, and Christine de Pisan, a passionate writer and defender of women, stand out even stronger, because they shed light on the history of women, too. In the field of medieval art there has been a hunt to find traces of individual artists. Some works of art still bear their names, but others remain anonymous.

Cover Autographa I.2

Medieval law, too, can seem not only a very masculine, but also a very impersonal affair. However, juridical glosses from the twelfth century in the manuscripts with the main texts of Roman and canon law are sometimes signed with an abbreviated form of the names of lawyers such as Azo, Jacobus Bassianus, Rogerius and Pillius. In the last decades another hunt has brought some astonishing results. Scholars have been able to identify autograph manuscripts of a surprising number of medieval lawyers. Individual scholars succeeded in connecting one or more manuscripts directly to the author of a particular juridical text. Surprisingly this is indeed possible for medieval lawyers, for many scholars not the group in medieval society you would immediately pinpoint.

On February 8, 2017 the second volume of a series of studies about medieval autograph manuscripts will be presented at the École française de Rome. This post is a small tribute to the scholars contributing to these volumes, and especially to Giovanna Murano, the courageous editor who has set an example herself in approaching legal manuscripts with new questions and sharing her wisdom and results with others. The blog Storia del Diritto medievale e moderno alerted me to the presentation of the new volume, and apart from translating the main information of their message in French I will try to provide some context for this important publication.

The hands of the masters

During the thirteenth century a system for the reproduction of medieval texts used at universities came into existence. Book shops were given controlled master copies, exemplars of these texts. Students could hire quire after quire for scribes to make copies. The pecia system – literally “piece” – was first described for theological manuscripts by Jean Destrez. Last year Frank Soetermeer died, the Dutch scholar who did research about the use of the pecia system for legal texts in Italy and France. Giovanna Murano, too published a book about the pecia system, Opere diffuse per exemplar e pecia (Turnhout 2005). Since a few decades it becomes clear that the chances for survival of original author manuscripts were relatively high. In the sixteenth century, however, printers often discarded the very manuscript(s) they had used to produce printed versions of texts.

Recognizing the handwriting of a specific author can be easy, but first you have to connect an inimitable script with him or her. The almost illegible script of Thomas Aquinas (circa 1225-1274) got nicknamed littera inintelligibilis by his contemporaries, and the mirror writing of Leonardo da Vinci in the fifteenth century is rightly famous. Medieval lawyers signed in particular charters, acts written on parchment, or added some confirming lines in their own hand to consilia, legal consultations. The cover of the new volume shows a consilium with some of such closing lines and signatures. The interest in these consilia has helped very much to make the identification of the handwriting of medieval lawyers possible.

Perhaps the single most important step was the identification of a set of autograph manuscripts in the Vatican Library written by or produced under the direction of Baldo degli Ubaldi (1327-1400), first signalled by Giancarlo Vallone, ‘La raccolta Barberini dei “consilia” originali di Baldo’, Rivista di Storia del Diritto Italiano 62 (1989) 75-135. You can read online (PDF, 9 MB) an article by Vincenzo Colli, ‘Collezioni d’autore di Baldo degli Ubaldi nel MS Biblioteca Apostolica Vaticana, Barb. lat. 1398’, Ius Commune 25 (1998) 323-346. Twenty years ago Colli identified more autographs and other manuscripts close to their author for other medieval lawyers as well, for example for Guillelmus Duranti (around 1237-1296), the author of the Speculum iudiciale, a massive legal encyclopaedia, ‘L’apografo dello Speculum iudiciale di Guillaume Durand’, Ius Commune 23 (1996) 271-280 (online, PDF, 3 MB), and together with Giovanna Murano ‘Un codice d’autore con autografi di Giovanni d’Andrea (ms. Cesena, Biblioteca Malatestiana, S.II. 3)’, Ius Commune 24 (1997) 1-23 (online, PDF, 9 MB).

In the second volume of the series on medieval autograph manuscripts [Autographa I.2: Giuristi, giudici e notai (sec. XII-XV)Giovanna Murano (ed.) (Imola 2016)] you will find some eighty images of medieval manuscripts, and very often you will see a medieval consilium and a manuscript of a particular work as evidence for the identification of an author’s hand. Apart from lawyers who published legal works the team looks also at medieval judges (giudici) and notaries (notai). For the second volume twelve scholars have identified 49 authors and consulted more than one thousand manuscripts in more than two hundred libraries. The new volumes contains eighty photographs.

Giovanna Murano contributed an article about the autograph of Antonio de Roselli’s Monarchia for the second volume of the Festschrift for Mario Ascheri, Honos alit artes. Studi per il settantesimo compleanno di Mario AscheriPaola Maffei and Gian Maria Varanini (eds.) (4 vol., 2014), a publication briefly mentioned here, too, available in print and online. In the first volume a whole section is dedicated to articles concerning medieval legal consilia. Murano provides a must-read on this genre with her article ‘I consilia giuridici dalla tradizione manoscritta alla stampa’, Reti medievali. Rivista 15/1 (2014) 1-37. She offers an uptodate illustrated introduction to this medieval genre. It gives you an example of her rigorous thinking and dense argumentation. At every turn Murano makes you think and reconsider matters you had not thought about for a long time or simply not carefully enough. In a similar article she gives a status questionum for the study of the Decretum Gratiani, the great treatise for medieval canon law from the early twelfth century [‘Graziano e il Decretum nel secolo XII’, Rivista Internazionale di Diritto Comune 26 (2015) 61-139; online].

The first volume of the series Autographa appeared in 2012. In my view both volumes can serve also as a palaeographical atlas for anyone studying the learned law, i.e. the medieval – and Early Modern – use of Roman and canon law. Instead of hunting digitized manuscripts on your computer screen or tablet you might want to sit down and study the variety of handwriting offered by Murano and her international team. The books can be used indeed as a fine guide to medieval legal manuscripts. However, maybe it is simple the urge to come as closely as possible to the hands of the great magistri of Italian and French medieval universities that makes you want to have these books within your reach. The names of medieval lawyers change here from glorious but inevitable dead names into living persons, not just as law professors producing a theoretical frameworks for judges, advisors and officials all over Europe, but at work themselves, counseling parties or pronouncing judgment on cases which show law in action. These manuscripts and archival records offer a splendid window to medieval life and society. My warmest congratulations to Giovanna Murano and the scholars participating in this great project! It deserves your attention by all means.

A digital approach to Roman lawgiving

Sometimes you can happily live with the impression that all Roman laws are to be found within the pages of the Corpus Iuris Civilis, the mighty collection with the Justinian Digest, his Institutiones, Codex and the Novellae. For older Roman laws the Fontes Iuris Romani Anteiustianiani (FIRA) contain everything you would want to look at. The invaluable Amanuensis tool discussed here in 2015, enables you to find Roman laws quickly on your computer and even on your mobile phone. Dutch readers can boast the completion of a modern translation of the Corpus Iuris Civilis into Dutch, noticed here with some relish. Much of FIRA is accessible in Dutch, too, thanks to Job Spruit and Karel Bongenaar in their bilingual edition Het erfdeel van de klassieke Romeinse juristen (4 vol., Zutphen 1982-1987).

Logo Anhima at the LEPOR website, Telma/CNRS

By chance I encountered already in the first week of 2017 a project which dispels the illusion that every Roman law is present in these volumes. Leges Populi Romani (LEPOR) is a database, the fruit of a project started by Paula Botteri, Jean-Louis Ferrary and Philippe Moreau. Eventually the universities Paris-I (Panthéon-Sorbonne), Paris 7 (Diderot), the École Pratique des Hautes Études, the EHESS and CNRS partnered to launch LEPOR at the Telma portal with online databases for research in the humanities, or more exactly the digital treatment of manuscripts and archival records, because Telma is the abbreviation of Traitement électronique des manuscrits et archives. I use here the logo of ANHIMA, the research unit for Anthropologie et Histoire des Mondes Antiques. It might be useful to give some guidance to a project which has only an interface in French. Starting with a subject in Roman law makes me feel I start this year in a way that is true to the training of European legal historians.

A new approach

Logo Telma (CNRS)

At this moment you cannot yet find at the Telma portal the direct link to the Leges Populi Romani database. The project is clearly in the process of becoming an integral part of this platform where scholars of Classical Antiquity could already use the Callythea database, a repertory of Greek mythological poetry from the Hellenistic period. An Ethiopian Manuscript Archive documenting the history of Coptic Christians in Ethiopia is also to be launched this year. The Telma platform has a number of databases for medieval history as its core.

Back to the Leges Populi Romani! There is a general introduction to the project which takes as its starting point the need for a new version of Giovanni Rotondi’s Leges publicae populi Romani (Milan 1912). The laws in the database stem from 509 BC up to emperor Nerva in the first century. The plebiscites created before 287 BC will also be included. The laws of the Roman kings and charters given to corporations in the leges datae are excluded. For each law the database will contain five notices, dealing with its name, the date of publication, the rogatores, the theme or themes dealt with in a particular law, and sources with references to a law. Whenever possible this is followed by a selective bibliography of scholarship and a commentary about the contents of the law, its application, success or abrogation. The commentaries will be mainly in French, but sometimes in English or Italian. The conseils de recherche offer a concise user’s guide for the database. It is wise to look at the abbreviations, too, if only because here you will find a very good bibliography concerning Roman laws. Key elements in the advanced search mode (Rechercher) are the use of the field for the date or time period and dropdown menus for searching rogatores, themes of laws and specific sources. either a classical author or a specific textual corpus. You can also search for themes in Roman laws using a structured list (Thèmes de lois). Even when you study Roman law since many years it is good to look at the sheer range of Roman laws in this overview. In my view it is a graphic way to visualize the central role of legislation in Roman law and society. When you would perhaps like to browse or get a general impression of the database you can always use the free text search field in the right top corner of the screen, or scroll through the list of notices and pick a law at will. In my experience you will want to go from one law to yet another, just the thing made possible here,

Currently for some of the themes no notice has yet been created. The page with links does not yet function, almost the only element of Leges Populi Romani which comes in for any comment. The introduction does mention the Projet Volterra at University College London with the databases Law and Empire AD 193-455 (“Volterra I”) and Law and the End of Empire AD 455-900 (“Volterra II”), and the Centro di studi e ricerche sui Diritti Antichi (CEDANT) at the Università degli Studi di Pavia, more specifically the RedHiS project, Rediscovering the Hidden Structure. The Projet Volterra does not only bring you a lot of its own materials but als a set of pages forming a compact web guide to Roman law. In particular the attention to legislation by the Roman emperors should make it the companion to the Leges Populi Romani website. I would single out as the most distinctive feature of this new website the way it combines information about the creation of single laws with a far better perspective on similar laws than we had before. Having quick access to references where a specific law is referred to in Roman literature – or in inscriptions – is a further asset.

Before I end with only applauding the good work of this great French initiative and admiring the exemplary cooperation of several research institutes it is up to anyone studying Roman laws and using this website to comment on its qualities, to suggest enhancements, and perhaps to help creating an interface in English. Let’s end here with two wishes in Latin, Annum novum faustum felicem vobis, a happy and lucky New Year to you, a wish happily taken from the interesting Following Hadrian blog, and quod felix faustumque sit, my best wishes to the team of Leges Populi Romani!

From rules to cases in medieval canon law: A tribute to Charles Donahue

Banner Cause Papers - Histiry Online and Borthwick InstituteWhen you would ask me to single out any legal historian for his or her versatility, path-breaking articles and books, stimulating teaching and generous help I would answer that choosing anyone would mean that I seriously underestimate the qualities of a lot of other fine scholars. On November 29 Harvard Law Today published an article about the honours lately bestowed upon Charles Donahue. In October a conference was held to celebrate his efforts in the field of legal history, both for the history of the common law and medieval canon law. This last field offered me the original impulse to start my blog, and therefore it is fitting to create space for a truly great scholar.

John Witte, Sara McDougall and Anna di Robilante edited a Festschrift called Texts and Contexts in Legal History: Essays in Honor of Charles Donahue (Berkeley, CA, 2016). Remarkably this volume does not yet figure on the website of the publishing institution, the Robbins Collection at Berkeley’s School of Law. Its website might be in the midst of a substantial makeover, including the launch of a new website for the manuscript catalogue, but this surely is an omission, yet another reason to get into action here. In this post I will focus mainly on Donahue’s work for the history of canon law, but you will not mind reading some remarks about other periods and themes which received and receive his attention. A third reason for writing this post is the opportunity to look at two most interesting projects for digitizing archival records which form a wonderful window to the practice of medieval canon law.

Taking the plunge

Photo of Charkes Donanhue - source: Harvard Law SchoolMy most vivid memory of Charles Donahue is the way he presented a paper at the International Congress of Medieval Canon Law in 1996 at Syracuse, NY. He commented on the needs to combine the qualities of research into legal doctrine, ecclesiastical institutions and social history. The three of them benefit immensely by being studied together, not in isolation. Of course this is a huge challenge, but Donahue memorably ended saying: “Let’s get out here and do it!” He did indeed exactly what he announced. One of the challenges is having the courage and stamina to work at all in a field like the history of medieval canon law which is both utterly fascinating and bewildering in its complexity. Critical text editions are still scarce, and you might be the first scholar since decades to look at particular manuscripts, or literally the first in centuries to study archival records.

Cover Charles Donahue "Law Marriage and Society in the Later Middle Ages - source Cambridge UP

In order to assess the possibilities to use archival records from medieval church courts Donahue set out to create a survey of these records with reports by a team of scholars from all over the world, The Records of the Medieval Ecclesiastical Courts: Reports of the Working Group on Church Courts Records (2 vol., Berlin 1989-1994). Earlier on he published with Norma Adams Select Cases from the Ecclesiastical Courts of the Province of Canterbury, c. 1200–1301 (London 1981; Selden Society Publications, 95). A recurring theme in a number of his publications is medieval marriage. In 2008 Donahue’s great study Law, Marriage, and Society in the Later Middle Ages: Arguments about Marriage in Five Courts appeared. Cambridge University Press provides online access to some 300 additional pages with notes and texts. The five courts in this work are York, Ely, Paris, Cambrai and Brussels. At his Harvard homepage you can download Excel sheets from the databases with the materials from these courts. Sharing these data with other scholars is wonderful when you realize how much work it takes over many years to prepare these materials before you can execute the kind of study Donahue did.

Projects at York

For one of the dioceses Donahue studied in his great book about medieval marriage, law and society you can now access documents online. Surprisingly there are even two connected projects which bring you to ecclesiastical justice in the medieval archdiocese of York. The first project to come online was The Cause Papers in the Diocesan Courts of the Archbishopric of York, 1300-1858, the fruit of cooperation between the University of York, in particular the Borthwick Institute for Archives, the Andrew Mellon Foundation, History Online and JISC. The Borthwick Institute provides you with background information about the digitized records. It is also instructive to read entries at the project blog which ended in 2011 with the launch of the database. The Cause Papers can also be searched online at the portal Connected Histories. It is a bit weird to see at this portal the label Local records applied to both the Cause Papers and the Proceedings of the Old Bailey. It is precisely a strength that they are also important sources for local history, but they can bring those investigating them much more.

The core of the project for the York Cause Papers (CP) is the database which allow you to search more than 15,000 cases from many perspectives. For a number of cause papers images are provided, but I cannot determine the algorithm or human reasons behind the selection. Looking for cases after 1500 can bring you to images of the records involved. Earlier on the Borthwick Instituted had published guides to the cause papers, W.J. Sheils, Ecclesiastical Cause Papers at York: files transmitted on appeal 1500-1883 (Borthwick Texts & Calendars 9, 1983), D.M. Smith, Ecclesiastical Cause Papers at York: the Court of York 1301-1399 (Borthwick Texts & Calendars 14, 1988), and D.M. Smith, The Court of York 1400-1499: a handlist of the cause papers and an index to the archiepiscopal court books (Borthwick Texts & Calendars 29, 2003). At the website of the Borthwick Institute is also a very useful guide to records from other courts at Carlisle, Chester, Durham, Sodor, the diocese of the Hebrides, and Man, all of them, however, for the period after 1500. The database of the Cause Papers brings you to summarized information about the cases dealt with in these records. If you want to look in it for matrimonial cases you will see at least 1,600 cases from four centuries. A search with the keyword matrimonial brought me 241 results between 1300 and 1500. Donahue prepares for the Selden Society the volume Select cases from the ecclesiastical courts of York, 1300-1500 which will contain some 400 cases from the Cause Papers.

Logo York Archbishops'Registers RevealedThe medieval records themselves are at the center of a second project at York, York Archbishops’ Registers Revealed, The digitized registers cover the period 1225 to 1646. The contents here are much wider than only legal cases, but they, too, appear. As one of the showcases in the background information you can look at documents concerning the divorce of king Henry VIII from Anne of Cleves in 1540 (Abp Reg 28, f. 142r). For this project 32 registers have been digitized (Abp Reg) and also five Institution act books (Abp Inst AB) from the sixteenth and seventeenth century. You can browse a particular register and browse for people, religious institutions and groups. locations and subjects, or use the free text search field. A simple search for marriage yielded some 300 results. Supplementary indexes exist already for three registers. These indexes are rather important. When you look under A for Anne of Cleves she is absent in the database because in the standard view only input from indexed registers is shown. You cannot reach directly for records for people not included in these indexes. It is evident that the case from 1540 was found using earlier indexes, and primarily the historical overview of matters at the beginning of a register. The need for indexing some forty registers with 21,000 digitized images is clear and just as important as compliance with IIIF, the initiative for interoperability between images from various sources, rightly advocated in this project. Having the digitized images in front of you on your screen is great, but some of the classic activities of the historian’s craft are still indispensable, if only for deciphering the texts. Maybe I can seduce you to have a look at ‘Under a magnifying glass’, a recent post on my second blog Glossae concerning juridical glosses from the twelfth century, where I compare a number of online tutorials for medieval palaeography. By the way, the Borthwick Institute has also started digitizing seventeenth-century visitation records from York.


For yet another diocese in medieval England, London, you can consult at home records thanks to the Consistory database created by Shannon McSheffrey (Concordia University, Montreal) using registers covering the periods 1467-1476 and 1487-1496. The database contains transcriptions and translations of documents for this last period. McSheffrey helpfully provides a generous bibliography of modern scholarship about late medieval civil and ecclesiastical courts in England. McSheffrey provides introductions to major themes in the cases from London, such as defamation, marriage and divorce, tithes, testaments, clerical behaviour, and matters as debt and perjury. You can approach the cases directly or look for specific subjects, people, locations, and also for depositions. The variety in possible approaches to these records is not new for those already familiar with medieval canon law, but surely this range of subjects covered by ecclesiastical law should make more people curious about canon law.

Among the supporting institutions of the Canadian Consistory project is the Ames Foundation, since many years led at Harvard by Charles Donahue. One of the online resources of the Ames Foundation are the page proofs of The Register of the Official of the Bishop of Ely: 21 March 1374 – 28 February 1382 edited by Marcia Stentz and Charles Donahue. I had used the word opus magnum for Donahue’s book on the comparative history of medieval marriage courts, but this edition deserves this description, too. Marcia Stentz’ calendar of the Ely register formed the starting point for a full critical edition. As an asset the Ames Foundation has also put online digital images of this register [Cambridge, Cambridge University Library, Ely Diocesan Records, EDR D2/1]. Establishing a correct numbering of all pages in this register is just one of the myriad things needed to pursue the long road to the final edition. At the first folio the Ely register has the heading Registrum primum causarum consistorii episcopi Eliensis (..), but this register does not contain solely cases heard in an ecclesiastical court. Other tasks and actions of an officialis, the episcopal judge, come into view, too.

I leave it to my readers to see for themselves the recent additions concerning medieval canon law among the online publications of the Ames Foundation, a remarkable feature of a society promoting the history of English law! You will also spot Charles Donahue’s name for his support for the online edition of Appeals to the Privy Council from the American Colonies: An Annotated Digital Catalogue, edited by Sharon O’Connor and Mary Bilder, but his work for the Ames Foundation reaches beyond specific editions.

Editions in the digital age

When reading this contribution you will notice with me a great variety in editorial approaches for online editions or presentations of late medieval church court records. The Cause Papers of York are accessible in a database, but you will find for cases before 1500 only detailed summaries of cases. The range over the centuries is great. I would view it as a search tool. York Archbishops’ Registers Revealed does give you access to digitized images, but the online indexation of the records has not yet been completed. Here you will need medieval and Early Modern palaeography, and you have documents from an even longer time span. The Consistory database for diocesan records from London offers you detailed access to transcriptions and even translations, but for just one decade. Here you can quickly focus on the cases. The edition of the Ely register is certainly both a classic edition enhanced with images, and in a way it is in a class of its own. The context of an ecclesiastical judge during eight years is here right in front of you. Depending on your personal interest as a scholar or teacher you will sometimes prefer a full edition, to provide either students with a quick road to a first encounter with a source, or inversely make the importance of auxiliary sciences clear by showing images of historical records. Each approach is to some extent perfectly valid and valuable. Space forbids me to discuss here the editions by Monique Vleeschouwers-Van Melkebeek for Cambrai and Brussels of records of the officialis, let alone her work on Tournai with probably the earliest surviving records from the late twelfth century. Donahue does use these sources, too.

At the end of this contribution I am sure that Charles Donahue would very much want to make this extensive comparison of editions in print and online. Of course I could only point to some aspects of Donahue’s work. It makes me eager to look at his work in more depth! Studying medieval law is one of the means to discover the great differences of law and society in place and time during a millennium. It teaches you to be wary about rapid generalizations and labels. I confess to be charmed and sometimes very much moved by the records of medieval courts and the way they can be made tell-tale witnesses of society at large, of life in all its dimensions, of people trying to lead their lives. Somehow human interest is the greatest when you see people facing the machineries of the law, be they cunning plaintiffs, helpless defendants, shrewd or wise lawyers. In its best incarnations as in the work of Charles Donahue studying and writing about medieval canon law is both part of legal history and the humanities.

Love and natural law

Homepage Natural law project, Universität ErfurtSometimes a title can be very evocative or curious. When I read about an upcoming conference about Love as the principle of natural law. The natural law of Johann Gottlieb Heineccius and its context at Halle on November 24 to 26, 2016, I simply wanted to know more about this event. What is the connexion between love and law? What is the role of love in or for natural law? In this post I would like to make a foray into the history of natural law, an important movement in the European legal history of the Early Modern period. The event at Halle is organized by the platform Natural Law 1625-1850, an international research project led by scholars at Erfurt, Halle and Bayreuth.

Love is the word

The project Natural Law 1625-1850 aims at studying natural law as a phenomenon which connect law with other disciplines, such as philosophy, political thought, theology and the arts. Natural law as a concept or a set of ideas gained importance not only in Western Europe but also in North and South America. To help achieving this aim the project website will eventually contain digitized sources, a scholarly bibliography and a biographical database, all surrounded by a scholarly network with accompanying events.

Portrait of J.G. Heineccius

Portrait of Heineccius by Christian Fritzsch in his “Opera posthuma” (1744) – Herzog August Bibliothek, Wolfenbüttel / Porträtdatenbank Franckesche Stiftungen, Halle

The conference in Halle has as its objective getting Heineccius out of the shadows cast by his much more famous colleague Christian Wolff (1679-1754). In fact the main venue of the conference, the Christian-Wolff-Haus at Halle, is the very house where Johann Gottlieb Heineccius (1681-1741) lived for some years, too. Heineccius’ major book concerning natural law, his Elementa iuris naturae et gentium (1737) was certainly as influential as any of Wolff’s publications. Before you start arguing that the scope of this conference is rather small, it is good to be aware of a second conference organized by the platform around the theme Sacred Polities, Natural Law and the Law of Nations in the 16th-17th Centuries (Budapest-Olomouc, November 10-12, 2016). Exactly the impact of natural law across the borders of Northern and Southern Europe, continental and common law, and the exchanges between Protestant and Catholic Europe will be discussed at this event.

One of the reasons to focus on Heineccius is the simple fact that although his works both in the field of Roman and natural law are famous enough, his own life and career and the development of his views is still a field to be discovered. Luckily there is at least one modern biography by Patricia Wardemann, Johann Gottlieb Heineccius (1681-1741). Leben und Werk (Frankfurt am Main, 2007). In the first edition of Michael Stolleis’ Juristen. Ein biographisches Lexikon. Von der Antike bis zum 20. Jahrhundert (Munich 1995) Klaus Luig did not mention at all in his contribution Heineccius was first trained as a theologian before he started studying philosophy and law. In this respect the concise article by Rolf Lieberwirth for the Neue Deutsche Biographie 8 (1969) 296-297 is better. The online version of this article at the portal Deutsche Biographie has as great assets direct links to various online projects in which persons appear. The conference program has a judicious mixture of contributions focusing on the person of Heineccius on one side, and on the other side papers discussing in particular his impact in various European countries. Alas only the introductory lecture by Knut Haakonsen and Frank Grunert, with Diethelm Klippel founders of the platform, will address directly the theme of love as a principle of natural law. Here Klaus Luig’s short biographic article is helpful with a terse note that Heineccius meant love as a command of God. Natural law tends to be viewed as an attempt to build a legal system without massive reliance on Christian religion or at the best a decidedly Protestant legal order. Luig adds that precisely this religious character made Heineccius’ views also interesting for lawyers in Catholic countries.

Heineccius published his work in Latin whereas Wolff became famous for his use of German in his learned publications. He gained even praise for his excellent grasp of Latin. Interestingly, there is a modern German translation of Heineccius’ Elementa iuris naturae et gentium by Peter Mortzfeld, Grundlagen des Natur- und Völkerrechts, Christoph Bergfeld (ed.) (Frankfurt am Main, 1994). One of the things that merit attention when looking at natural law is the interplay between theology, philosophy and law. Maybe natural law deserves our attention exactly because it forces you to see legal history in a wider context.

Searching for portraits of Heineccius luckily brought me to the English translation by George Turnbull (1741, 1763) of Heineccius’ Elementa iuris naturae et gentium, now available online in the Online Library of Liberty. The modern introduction to this translation offers a welcome sketch in English of Heineccius’ views and the role of love as a guiding principle. It becomes clear he saw love not as an infatuation, an affinity or an Affekt, but as “the desire for good”, working in our relations to God, ourselves and other people.

Natural law has its attractions as offering a supranational foundation beyond existing legal systems, but in reality either religious influences or Roman law became their actual source. In this respect attempts to create a system for natural law are flawed, but they offer for historians fascinating views as a kind of projection screen for the vision of the lawyers working in this direction. For me it is also the changing character of nature itself that has made me cautious about natural law and its supposed independence of existing forms of law and justice.

A Frisian connection

Banner Franeker Universiteit

Another reason for me to look at Heineccius is the period he spent at the university of Franeker between 1723 and 1727. The university of Franker existed from 1585 to 1811. Heineccius quickly came into contact with for example Cornelis van Bijnkershoek. He wrote a preface to Van Bijnkershoek’s Observationes iuris Romani in the edition Frankfurt and Leipzig: ex officina Krugiana, 1738. In the licensed database of the Corpus Epistolarum Neerlandicarum (Royal Library, The Hague and Picarta) I could find just one letter to Heineccius written by Tiberius Hemsterhuis (Leiden, UB, BPL 3100). Using the search portal for Dutch archives I could find Heineccius as one of the people mentioned in the correspondence now part of the StadhouderlijkerArchief kept at Tresoar, the combined Frisian archive and provincial library at Leeuwarden.

Alas I checked in vain for Heineccius in several online projects dealing with Early Modern correspondence and networks. The project Cultures of Knowledge give you a selection of relevant links. Only the Kalliope Verbund has records for a few letters to and by Heineccius in the holdings of German libraries. The Archivportal Deutschland mentions a portrait of Heineccius and a letter of king Friedrich Wilhelm of Prussia from 1737 who did not allow Heineccius to become a professor at Leiden. Just like the university of Harderwijk Franeker was for a considerable number of professors only a stop to go to either Utrecht or Leiden. The letter at the Bayerisches Hauptstaatsarchiv in Munich [BayHStA, Gesandtschaft Haag 2532] is also traceable through the portal of the Deutsche Digitale Bibliothek, but there is no access to a digitized version of this document. By the way, the Bibliografie van hoogleraren in de rechten aan de Universiteiten van Groningen en Harderwijk tot 1811, B.S. Hempenius-Van Dijk et alii (eds.) (Amsterdam 2013) can be downloaded as a PDF, as is the case, too, with the volume Bibliografie van hoogleraren in de rechten aan de Utrechtse Universiteit tot 1811, edited by Margreet Ahsmann, Robert Feenstra and Corjo Jansen (Amsterdam, etc., 1993). You will spot several professors who climbed from minor universities to the most famous! It has to be said that these volumes do not offer complete bibliographies in the sense librarians and book historians use this term. They should be seen as extensive finding lists with descriptions of copies of the works of these professors found in major libraries around the world. Robert Feenstra wrote an extensive bibliographical article about Heineccius in the Low Countries, ‘Heineccius in den alten Niederlanden : Ein bibliographischer Beitrag’, Tijdschrift voor Rechtsgeschiedenis 72 (2004) 297-326, and Klaus Luig, too, should be mentioned again, now with his article ‘Heineccius, ein deutscher Jurist in Franeker’, Tijdschrift voor Rechtsgeschiedenis 77 (2011) 219-227.

Heineccius in context

If you want to delve into Frisian history the website of Martin Engels contains lots of transcriptions of documents on many subjects, including the history of the university in Franeker. In the corner Iuridica of his colourful website Engels presents things of more general interest for legal historians. He has created a webpage with the contents of the Practisijns woordenboekje by Franciscus Lievens Kersteman (Dordrecht 1785), a concise glossary of Dutch legal terms. There is a page about the Soevereine Raad or Hof van Gelre in Roermond, a court in the province Guelders. For Frisian legal history Engels made extracts for a glossary of Frisian law in the Early Modern period from S.J. Fockema Andreae, Proeve van een woordenlijst der aan Friesland (onder de Republiek) eigene bestuurs- en rechtstermen (Leeuwarden 1967). The very core of his website are pages about the copy at Leeuwarden of a sixteenth-century collection of legal treatises, the Oceanus iuris, meaning the Tractatus universi iuris or Tractatus illustrium (…) iurisconsultorum (Venetiis 1584-1586), originally donated in the early seventeenth century to the university of Franeker. Engels scanned and indexed the lists of authors in the Oceanus iuris. I wrote here about this massive legal collection and its forerunners in an earlier post. When studying publications by lawyers from Franeker it is useful to look at the Bibliografie van hoogleraren in de rechten aan de Franeker universiteit tot 1811, Robert Feenstra, Theo Veen and Margreet Ahsmann (eds.) (Amsterdam 2003). Personal reasons forced Heineccius to return to Germany. The website on the history of the Franeker Universiteit contains concise but interesting information centered around the Museum Martena in the historical buildings of the Martenastins, a stately mansion in Franeker from 1506. I did not spot Heineccius among the selection of portraits of professors on this website. A search in the rich online databases of the Dutch Rijksbureau voor Kunsthistorische Documentatie in The Hague yielded no results for Heineccius.

Banner IZEA, Halle

In the team of scholars leading the project on the history of natural law between 1625 and 1850 Frank Grunert (Halle) is clearly the one closest to the German luminaries of the eighteenth century. At the Interdisziplinäres Zentrum für die Erforschung der Europäischen Aufklärung of the Universität Halle he leads the projects for the modern critical edition of selected works of Christian Thomasius (1655-1728) and his correspondence. Eventually the volumes of the edituion of Thomasius’ letters will be put online. The website of the IZEA can be visited in German, English and French. There is also a digitized version of a current bibliography for Thomasius [Bibliographie der Thomasius-Literatur 1945-2008 (Halle 2009); PDF], and you might also want to use Gerhard Biller, Wolff nach Kant. Eine Bibliographie (2nd edition, Halle 2009). Among the recent publications of the IZEA the Handbuch Europäische Aufklärung: Begriffe, Konzepte, Wirkung, Heinz Thoma (ed.) (Stuttgart 2015) stands out, a volume with fifty contributions about central concepts, ideas and the impact of the Enlightenment.

The IZEA is located in the former Rote Schule, the building of the girls school on the grounds of the famous Franckesche Stiftungen zu Halle, the institution which supported the influential pietist movement started by August Hermann Francke (1663-1727), becoming eventually a major phenomenon in German culture. Its buildings survived the DDR period, but it is still chilling to see the highway above street level directly opposite the beautiful grounds and buildings. The Franckesche Stiftungen have created a fine portrait database in which you can find images of many German people. In the digital library of the Franckesche Stiftungen I did notice the Epistolar Franckes, a project for digitizing Francke’s correspondence, but currently there is no trace of Heineccius. Let’s not forget to mention that the Universitäts- und Landesbibliothek Sachsen-Anhalt in Halle is one of the libraries participating in the project VD18, the overview of eighteenth-century German imprints. Its digital library contains a number of Heineccius’ works. The Repertorium Alba Amicorum contains records for the entries in 1719 of Heineccius, Wolff and Francke himself in the album of Immanuel Petrus Geier [Halle, Frankesche Stiftungen, Archiv: AFSt/H D 133].

Within the project Natural Law 1625-1850 four scholars look at German universities (Frank Grunert, Diethelm Klippel, Heiner Lück and Gerhard Lingelbach); Wilhelm Brauneder will focus on universities in Austria. For other countries individual scholars come into action. I would have expected more information on the project website in the very month two scholarly events take place, but perhaps the energy of the organizers was focused for good reasons on these events! Hopefully the attention to the European context of the great figures in the history of natural law and their interest in and connections with other disciplines will lead to interesting results.