Tag Archives: European history

Bringing together European historical bibliographies

Logo European Historical Bibliographies

Making lists and overviews is one of my typical habits. I am always glad to find online overviews of projects and websites or portals to an entire range of projects. Thus every now and then I used the portal European Historical Bibliographies (HistBib), hosted by the Berlin-Brandenburgische Akademie der Wissenschaften (BBAW). Only last week I saw this portal had been archived on January 14, 2021. It is clear I do not regularly use this portal, but having quick access to these historical bibliographies can be most useful. In this post I will report on my efforts to find a similar commented overview of these important online resources, because using the right bibliography can make a huge difference for your research. Almost all reources I mention are accessible in open access. Among other reasons to create a new list is the fact yet again a relevant database, the Digitale Bibliografie Nederlandse Geschiedenis, will disappear in its current form in July 2021.

More than a dozen

Banner European Historical Bibliographies

When using HistBib my impression was always that it covered more or less some twenty countries, but I should have looked more closely. For Germany five bibliographies were shown. HistBib contained bibliographies for only twelve countries with an additional bibliography for Eastern Europe. It soon becomes clear a number of links had not been updated, nor had there been any effort to widen its scope to cover more countries. Reading at the portal about a conference on historical bibliographies organized by the BBAW did not lighten up my mood, because this, too, did not work as a spur to update the portal and to maintain correct links to bibliographies and contributing organisations. Perhaps the portal was more a project for a couple of years than a lasting and durable presence in the virtual world. However, the BBAW does continue its online bibliographic service for the Jahresberichte für deutsche Geschichte.

Surely one of the leading thoughts to end the HistBib portal can have been the assumption that it is easy to find these European historical bibliographies with the Great and Omnipresent search firm. Surely some national libraries would provide the kind of list I expected, but often these institutions refer to HistBib. The news of its closure travels slow! In many other cases libraries put a small number of historical bibliographies in a list with often only an alphabetical order. Retaining the original names which are not necessarily in English is not helping you to find easily the right item, and often any comment is lacking, let alone an indication of open or licensed access.

Although telling the full tale of my brief quest for a complete overview replacing HistBib would be instructive, I think it is better to help you here with examples of a few helpful lists and commented overviews, and adding at the end my own concisely annotated list of current online historical bibliographies for a larger number of European countries.

Historicum, the portal with the Deutsche Historische Bibliographie, one of the five online bibliographies for German history, does you the service of not only mentioning the other four, and the twelve country bibliographies available at HistBib, but also links to other bibliographies for German history and further relevant resources. Heuristiek, the portal for historical heuristics at Ghent University, has a page with bibliographies for Early Modern history, alas only in alphabetical order and without comments, but at least with indications of those bibliographies only accessibie for staff and students of Ghent University. Another Belgian university, the Université de Liège, has in its Guide bibliographique en Histoire a page Bibliographies transpériodes with in clear sections both national and historical bibliographies for a number of European countries. The page contains a fair amount of useful comments and indications about bibliographies in print and online. For Scandinavian countries the Safir portal of Lund University proved most helpful. The page on Bok- och bibliothesväsen contains in clear sections with commented links what you expect from a research institution, inluding useful cross references.

It was a joy to see that the Bodleian Libraries in Oxford put in a blog post published in 2009 about an online bibliography for Spanish history a generous list of other similar online bibliographies. A few years ago I applauded here the online guides for British legal history created by the Bodleian Libraries. However, this information at first seemed not to have been included at the main website or in its LibGuides. In fact it looked like some of these bibliographies could not be traced at all at this website or in the research guides. Enter Oxford Bibliographies, but alas I could not quickly detect in this rich resource the kind of list provided elswehere in Oxford. In this case I hope sincerely I did not search properly, and I would be glad to put things right; luckily I could rather quickly find an overview for nine countries in the research guide of the Bodleian for Early Modern history.

One list?

My search for an overview at least giving you the information at HistBib was not as straightforward as you might like it to be. Among the most helpful resources are databases, but you are tempted to skip them because they do not always show up readily for online search engines. The German Datenbank-Infosystem (DBIS) proved to be helpful. The search results lead to separate pages with well-organized information about resources. Although sometimes you approach subjects from a more general level this does help you to broaden your vision.

The main answer to the question of finding one list is in the end simply negative. For some countries there is currently not any online historical bibliography, or even not one in print, or not anymore. Some countries were for centuries part of another country. Iceland in particular is an example. Some countries are too small to make efforts for a separate historical bibliography sensible at all, sometimes a istorical bibliography has been integrated into a national bibliography or serach portal. Often you will want to find literature for a particular period in European history or for a period in the history of a single country or a region. Using national bibliographies can mean you face nationalist influences, but you cannot evade nationalism by simply ignoring their existence. Creating a commented list of national bibliographies comes with the clear need for some annotation about creators, hosting institution, time range and the presence of interface in more than one language. I am afraid I cannot immediately succeed in offering all these elements in my own attempt at a list. Many online research guides with a page for online bibliographies mention also union catalogues and digital libraries, and even mix them with each other. To me this seems a failure to see the need for clear distinction between national bibliographies, historical bibliographies, national meta-catalogues and digital portals. It is not just a matter of personal taste that information becomes more valuable by its structure, presentation and annotation.

In my memory in the eighties going to the card catalogue at Utrecht University Library implied you had to pass first the stacks with printed bibliographies. Thus even if you did not use them you could not be totally unaware of them. Faithful readers will recognize my quib about those people who know and use bilbiographies and those who do not. I suppose this memory influences me in wanting to see or create this overview. You might think I prefer web pages with relevant information, but having tagged information in a database is more powerful. Over the years I have become more aware of the hard work done by librarians, cataloguers and bibliographers to help scholars. Bibliographical resources can be extremely helpful for your research, not in the least by showing you contexts and the fact you can build on or critically review earlier relvant publications. Bibliogaphies are as important as (meta-)-catalogues and online repositories. 

A provisional list

While working on this post and gathering information concerning online historical country bibliographies I surely realized bibliographies in print can still be very important, too. The list here below has a clear focus as one of its qualities. Another wish for creating a similar list of online bibliographies for legal history for particular, too, grew on my mind. I do mention some examples on my legal history website Rechtshistorie, mainly on the pages for digital libraries, the history of the common law and Old Dutch law. However that may be, I prefer to stick to the purpose of this post. As for the new list with for now just concise comments and indications, it is surely open for comments, corrections and enhancements, and I am still contemplating the right permanent spot for it, perhaps here at the page with research guides. At my website the page for digital libraries seems the logical location, because you can find there already useful overviews of gateways to official gazettes, constitutions, foreign treaties, and a number of bibliographies for early printed books. A search for a bibliography for early printed books from Sweden eventually led to this post and this list, however uneven and in some details surely amusing, too. It is funny to see at least one database which has been integrated into another one some years ago yet still existing, it is disturbing to note the second bibliography for this country is scheduled for disappearance in its current form by June 30, 2021. In this respect my Dutch view in this post is not happy.

The opening of this list with two websites for Eastern Europe is a tribute to online research portals for Eastern European and Slavic studies. I was much impressed by the country guides for this region created by the International and Area Studies Library at the University of Illinois, Urbana IL.

European historical bibliographies online

Eastern Europe

Bibliotheks- und Bibliographie-Portal, Herder-Institut für historische Ostmitteleuropaforschung, Marburg – https://hds.hebis.de/herder/index.php – publications since 1994
The European Bibliography of Slavic and East European Studies (EBSEES) – https://ebsees.staatsbibliothek-berlin.de/ – functioning between 1991 and 2007, no longer updated; interface English

Austria

Österreichische Historische Bibliographie (ÖHB), Universität Klagenfurt – http://oehb.aau.at/ – from 1945 onwards

Belgium

Bibliografie van de Geschiedenis van België / Bibliographie de l’Histoire de Belgique (BGB-BHB) – http://www.rbph-btfg.be/nl_biblio.html – covers 1952-2008; interface Dutch, French and English
BGB-BHB, Archives de l’État en Belgiquehttps://biblio.arch.be/webopac/Vubis.csp?Profile=BHBBGB&OpacLanguage=dut –  publications since 2009; interface Dutch, French, German and English

Czech Republic

Bibliografie dějin Českých zemí (BDCZ), Czech Academy of Sciences – https://biblio.hiu.cas.cz/ – interface Czech, English and German – with also digitized bibliographical yearbooks 

Denmark

Dansk Historisk Bibliografi , Det Kongelige Bibliotek, Copenhagen- https://aleph.kb.dk/F/?func=file&file_name=welcome&local_base=dhb01

France

Bibliographie annuelle de l’Histoire de France (BHF), CNRS and Bibliothèque nationale de France – https://biblio-bhf.fr/ – search interface in English

Germany

Jahresberichte für Deutsche Geschichte (JBG), Berlin-Brandenburgische Akademie der Wissenschaften – http://jdgdb.bbaw.de/cgi-bin/jdg/cgi-bin/jdg – publications 1949-2015; interface German and English
Jahresberichte für Deutsche Geschichte (JDG), BBAW, Berlin – vol. 1-14 (1925-1938) – http://pom.bbaw.de/JDG/
Historische Bibliographie Online, Oldenburg Wissenschaftsverlag and Arbeitsgemeeinschaft historischer Forschungseinrichtungen (AHF) – https://historische-bibliographie.degruyter.com/ – publications since 1990, no longer updated since 2015
Deutsche Historische Bibliographie (DHB), Historicum – https://www.historicum.net/dhb/ – with links to other (regional) bibliographies, in particular the Virtuelle Deutsche Landesbibliographie, and other bibliographic resources – a simple search in the search field of the top menu bar leads to the beta version of an interface in German and English
Bibliographischer Informationsdienst, Institut für Zeitgeschichte, Munich – https://www.ifz-muenchen.de/bibliothek/literatursuche/bibliografischer-informationsdienst – for 20th century history, access after registration, with a PDF-archive

Hungary

Humanities Bibliographical Database (Humanus) – http://www.oszk.hu/humanus/index.html – with a section for history; interface Hungarian, English and German
EHM: Elektronikus Periodika Archivum (EPA) – Humanus – Matarka (for Hungarian journals since 1800) – http://ehm.ek.szte.hu/ehm?p=0 – a portal with access to Humanus and three other resources, in particular for journals

Ireland

Irish History Online, Royal irisch Academy, Dublin – https://www.ria.ie/irish-history-online – with links to external resources for Irish history

Italy

Bibliografia Storica Nazionale (dal 2000) (BSN), Giunta Centrale per gli Studi Storici – https://www.gcss.it/easyweb/w7044/index.php?scelta=campi&&biblio=GSS&lang= – publications since 2000; interface Italian, English, German, French and Spanish
BSN Catalogo Retrospettivohttps://www.gcss.it/easyweb/w7044/index.php?scelta=campi&&biblio=E7043&lang= – interface Italian, English, German, French and Spanish

Lithuania

Lietuvos Istorijos Bibliografiahttps://aleph.library.lt/F?func=option-update-lng&P_CON_LNG=LIT – interface Lithuanian and English

Netherlands

Digitale Bibliografie Nederlandse Geschiedenis (DBNG), Koninklijke Bibliotheek, The Hague and Huygens Institute, Amsterdam – https://www.dbng.nl – interface Dutch and English – no updates after 2016, end of service announced for June 30, 2021
Historie in Titels (HinT) – http://picarta.nl/DB=3.30/LNG=NE/ – licensed resource, not anymore updated since 2005, originally created at the Universiteit van Amsterdam (UvA) – interface Dutch, English and German

Norway

Historisk bibliografi (Norhist), Nasjonalbiblioteket, Oslo – https://www.nb.no/baser/norhist/ – for the period 1980-1997

Poland

Bibliografia historii polskiej, Instytut Pamięci Narodowej – https://www.bibliografia.ipn.gov.pl/ – access seems to be currently unsafe or disabled; https://bibliografia.ipn.gov.pl/ appears with a notice “offline”

Spain

Indice Histórico Español (IHE), Revistes Cientifiques de la Universitat de Barcelona – https://revistes.ub.edu/index.php/IHE/index – a bibliographical journal
Modernitas: Bibliografia de Historia Moderna, Centro de Ciencias Humanas y Sociales (CSIC) – http://www.moderna1.ih.csic.es/modernitas/principal.htm
Indices, CSIC – https://indices.csic.es/ – a general scientific bibliography with attention to the humanities; interface Spanish and English

Sweden

Svensk Historisk Bibliografi – digital 1771-2010 (SHBd), Kungliga Bibliotek, Stockholm – https://shb.kb.se/F/?func=file&file_name=find-b&local_base=shb – also available as an app

Switzerland

Bibliographie der Schweizergeschichte (BSG), Schweizerische Nationalbibliothek, Bern – https://www.nb.admin.ch/snl/de/home/recherche/bibliografien/bsg.html – interface German, French, Italian and English

United Kingdom

Bibliography of British and Irish History (BBIH) – https://www.history.ac.uk/publications/bibliography-british-and-irish-history – licensed resource hosted by Brepols

Remembering Michael Stolleis

Michael Stolleis - image MPILHLTIt seems difficult these weeks at my blog to leave Frankfurt am Main for other locations. The news about the death of Michael Stolleis on March 18, 2021 cannot be passed over here in silence, and thus again Frankfurt comes into view. Some obituaries succeeded very well in showing Stolleis’ role and achievements, and therefore I will not try to repeat everything already said with eloquent words.

The history of public law

On March 19, 2021 the Max-Planck-Institute for Legal History and Legal Theory announced with sadness the death of Michael Stolleis (1941-2021) on March 18, aged 79 years. Stolleis was a director of the institute from 1991 until 2006, and acted as its interim director from 2007 to 2009. In view of his work for the institute it is certainly necesary to stress he was from 1974 to 2006 also a professor for public law and legal history at the university of Frankfurt. Klaus Günther wrote an obituary for the law faculty. He points to Stolleis’ role for the Research Centre Normative Orders in Frankfurt. In the obituary at the main website of the Universität Frankfurt Enrico Schleiff stressed the fact Stolleis was a true intellectual and a scholar who set Frankfurt on the map worldwide.

Patrick Bahners looked in his contribution for the Frankfurter Allgemeine Zeitung in particular at the background. Stolleis’ father was burgomaster of Ludwigshafen between 1937 and 1941. After finishing secondary school Michael Stolleis followed the footsteps of his father who was both a vinegrower and lawyer, and started with learning viniculture. From a visit to a wine museum in Aigle I remember in particular how the plants and fruits need attention in every month of the year. Knowing about steps set before you, having to live in the present and working at the same time for the future is an excellent preparation for life. Bahners mentions rightly the way Stolleis combined objectivity with personal kindness. From the few times I met him I remember the word locker, relaxed, a label I did not associate at first with German professors, but luckily Stolleis could indeed look most happy and friendly. Stolleis conributed regularly to the FAZ with articles that struck me as most readable, well-informed and resonating in you mind long afterwards.

Stolleis studied law, German language and literature and art history at the universities of Heidelberg and Würzburg. He wrote his doctoral thesis under the aegis of Sten Gagnér in Munich [Staatsraison, Recht und Moral in philosophischen Texten des späten 18. Jahrhunderts, defended 1967, published Meisenheim 1972)]. Stolleis wrote a moving article in remembrance of his Doktorvater, a piece telling you much about Stolleis himself, too [‘Sten Gagnér (1921-2000), ein großer Lehrer der europäischen Rechtsgeschichte’, Quaderni Fiorentini 29 (2000) 560-569; PDF]. In 1973 he defended in Munich his Habilitationsschrift (second thesis) on Gemeinwohlformeln im nationalsozialistischen Recht (Berlin 1974). At that time it was one of the first forays by German legal historians into the history of the Third Reich. Its theme, terms for the common good in Nazi law, can only be tackled succesfully by someone trained also in German language and literature. Just a small example of Stolleis’ gifted pen and his calm judgment is his concise summary of the history of the Deutsche Rechtshistorikertag, in particular the paragraph on the dark years of the Third Reich.

The striking thing for me about Michael Stolleis is the combination of public law and legal history at one side, and promoting both fields whenever possible, as much for the general public as for fellow scholars. Frankfurt had a reputation for critical thinking with the Frankfurter Schule. Among the second generation of this group of scholars which focused on philosophy and social theory Jürgen Habermas and Niklas Luhmann stand out. Stolleis is responsible for putting the history of public law in Germany’s history on the same level as political and social history. The four volumes of his Geschichte des öffentlichen Rechts in Deutschland (Munich 1988-2012) definitely widened for German legal historians their fields of interest, and opened a necessary perspective on German history long overlooked as a defining and decisive element. However interesting, the history of private law cannot be the sole focus of legal history. Public law belongs as much to it as criminal law, procedure and canon law.

Only in my last post I mentioned the Repertorium der Policeyordnungen der Frühen Neuzeit, a project started by Stolleis. Social law as a historical subject was the theme in his Geschichte des Sozialrechts im Deutschland. Ein Grundriss (Stuttgart 2003). If you think Stolleis focused only on Germany you might turn to his preface for the biographical dictionary Juristen. Ein biographisches Lexikon von der Antike bis zum 20. Jahrhundert (first edition Munich 1995). His book on the image and the metaphor of the eye of the law shows him at work also in in the field of legal iconography [Das Auge des Gesetzes: Geschichte einer Metapher (Munich 2004)].

The Max-Planck-Gesellschaft loses with Stolleis one of its most active and resourceful directors. Between 1991 and 2006 the institute in Frankfurt transformed already much by opening to wider fields and new approaches, and thus it prepared for the final touch, a change in its very name. Leading such transformations and normal scholarly business in sometimes difficult situations, and through losses as the untimely death of Marie Theres Fögen, is a great achievement. I will not try to list all awards, academy memberships and honorary doctorates Stolleis received. Let one prize suffice, the Hegel-Preis awarded by the city Stuttgart to Stolleis in 2018. Hegel was not just a very influential philosopher. His views became central to state building in nineteenth-century Germany and nineteenth-century science, in particular for historical research, with consequences for the twentieth century at large. In a time when law faculties have turned into law schools or just Fachbereiche we should remember Stolleis as a truly outstanding thinker whose publications can help to free you from preconceived views and following trodden paths. My words can hardly do justice to Michael Stolleis whom I greatly admired. Sadness about his death should be mixed with gratitude for his life, achievements and example of a lawyer and historian firmly rooted in past and present.

A postscript

On March 23, 2021 Thomas Duve published on behalf of the Max-Planck-Institut a much more detailed obituary for Michael Stolleis, in German and English.

Finding the right form for medieval formulae

Medieval sources come in a variety of genres. Among sources for medieval legal history the Early Medieval formulae are in a class of its own. The kind of Latin is not as classical as you might like it to be, and the rather old standard edition has now too many defects to be useful. Creating a new edition will be a project requiring besides excellent knowledge of medieval Latin and among much more also stamina and financial support during many years. The Universität Hamburg has got the courage to start the edition project Formulae – Litterae – Chartae led by Philippe Depreux in cooperation with the Monumenta Germaniae Historica, Munich. The project is scheduled to run from 2017 to 2031, and thus I look here at it in a relatively early phase.

Legal actions, letters and charters

The title of the project might be the first surprise. Why include also letters and charters when formulae are the core? In the edition of Karl Zeumer, Formulae Merowingici et Karolini aevi. Accedunt ordines iudiciorum Dei (Hannover, 1882-1886; online, Munich) the formulae have been edited not in the sequence of the manuscripts he used, but in his own order, interspersed with other materials. This way of proceeding is rather remarkable in view of German philological practice in the late nineteenth century, and certainly it stands out among the editions published under the aegis of the MGH.

Formulae were not just formalized legal actions. The project team explains that Early Medieval formulae were a kind of model letters to be used, each with a distinct purpose. The formulae were to be followed as strictly as the formulae of the oldest Romans before standard actions came into existence. They could als serve as models of letters and charters from which you could benefit with some freedom. In my view the mixture of letters and charters is somewhat akin to the mix of both letters and charters in the project Epistolae: Medieval Women’s Latin Letters discussed here some years ago. Both projects face the challenge of dealing with two different genres, not just in view of their content, but also for editorial policies.

Apart from an introduction to the formulae the project team offers also introductions to letters and charters. Their character as a means not just or private communication, but as elements of public communication is stressed. The transmission off formulae in collections was not straightforward in clear sections with a discernable order. Karl Zeumer and Eugène de Rozière, an earlier editor of formulae in the nineteenth century, were indeed faced with a genre which called for deep reflection and great skills. Zeumer’s edition can be found in a searchable version also at the digital platform dMGH of the Monumenta Germaniae Historica. De Rozière (1820-1896) was very young when he published his first edition of formulae, the Formulae Andegavenses publiées d’après le manuscrit de Weingarten actuellement à Fulde (Paris 1844; online, Google (copy Koninklijke Bibliotheek, The Hague)). He was in 1855 one of the founders of the Revue historique de droit français et étranger. In 1869 he published an edition of the Liber Diurnus with formulae used in the papal chancery from the fifth to the eleventh century.

Work in progress

The ediiton interface, here with the Formulae Andecavenses

The edition interface, here the preliminary edition of the Formulae Andecavenses

Now you might already sigh that even fifteen years is too short to tackle this complex of three resource genres, but here comes a second surprise: The team at Hamburg gives you online access in their Werkstatt to a reading interface and an editorial interface for the collections. The interface can be viewed in German, English and French. The online laboratory brings you to the beta version for the formulae Andecavenses (from Angers), to an edition for one manuscript (Fulda, Hessische Landesbibliothek, D1), to charters and letters, and also to a bibliography and a list of manuscripts and charters. Amazingly, at least one manuscript is still held in the library of a functioning Benedictine abbey, at Egmond-Binnen in the Dutch province North Holland near Alkmaar. At Leiden are five manuscripts, but most manuscripts can be found in Munich, Paris, Vienna and Vatican City. One of the reasons for writing about formulae is my memory of a workshop about this genre held at Leiden with some of the manuscripts in front of the participants. The list of manuscripts ends with the editions created for formulae from the seventeenth century until the twentieth century, with names as Étienne Baluze and Jean Mabillon among the editors.

Interface with ms Fulda, Hessische Landesbibliothek, D 1 (detail)

Interface with the manuscript Fulda, Hessische Landesbibliothek, D 1, f. 136r (detail)

In the section for charters and letters you can read older editions of these sources. When you look at the manuscript Fulda, Hessische Landesbibliothek, D 1, again the Formulae Andecavenses come into view. Currently the list of manuscripts show only the locations, signatures and editiorial sigla. It would be wonderful to have here also descriptions of these manuscripts and links to digitized versions, qualities giving strength to the projects Bibliotheca Legum: eine Handschriftendatenbank zum weltlichen Recht im Frankenreich and Capitularia: Edition der fränkischen Herrschererlasse, both led by Karl Ubl at the Universität Köln. Information about the manuscript at Fulda is indeed present in the Bibliotheca legum. No doubt relevant manuscripts will eventually become accessible at the editorial interface in Hamburg.

Logo Geschichtsquellen des deutschen Mittelalters

At least two databases elsewhere help you to look at the various collections with formulae. The repertory Geschichtsquellen des deutschen Mittelalters (Bayerische Akademie der Wissenschaften) contains information about the transmission and relevant literature for many relevant collections with formulae. The Heidelberger Hypertextserver has a section on Formelbucher which touches also later periods. Among the Early Medieval formulae in particular the Formulae Marculfi receive attention in Heidelberg.

Surely the project at Hamburg will benefit enormously from the way you can nowadays have digitized versions of manuscripts in front of you on your computer screen, but creating new editions for this century will have to take into account much more than in the old editions the interplay with letters and surviving charters which are now, too, much more easily within our reach thanks to modern editions and digital versions. The differences in transmission of the texts, too, are much more visible. Once upon a time it was seducing to create an edition with the supposed Urtext, but seeing every manuscript, letter or charter as a witness with its own qualities and defects will do more justice to the life and afterlife of these intriguing texts. Some of the manuscripts are quite small. You might want to look at the place of formulae between other texts in a manuscript, too. The project website in Hamburg has a section Fokus der Forschung with recent contributions about many aspects of the Early Medieval formulae. Hopefully the new edition will help to bring the formulae again into view for scholars wanting to investigate in particular the way Late Antiquity evolved into the medieval period. Legal history, the uses of literacy and the interaction between various genres are just a few of the subjects to be enriched from careful and inventive studies of formulae.

Retracing looted and lost art after 75 years

IRP-logoAmidst the current situation around the COVID-19 virus worldwide commemorations take place of the end of the Second World War, 75 years ago. After two generations work continues on retracing objects of arts and other objects belonging to a shared cultural heritage which were taken from Jewish people by the Nazi regime or stolen by others. The process of giving back such objects is often as difficult as retracing art objects at all, not in the least because legal matters impose themselves, too. In this post I will look at a number of relevant projects, in particular at a web portal with a central function. The International Research Portal for Records Related to Nazi-Era Cultural Property (shortened to IRP) is a branch of the European Holocaust Research Infrastructure (EHRI), with a portal concerning archives and their holdings as another branch.

Combining resources

The situation in the occupied European countries during the Second World War had similarities and major differences. After the war national institutions were founded for doing research on a dark and deeply troubling period, first of all by bringing together relevant documents and archival records. Tracing the fate of Jews and other persecuted people was a most important research motive, but other themes, too, called for attention. Survivors of the concentration camps often found little help from authorities and judges in regaining possession of their belongings. In the years of reconstruction their appalling situation was often simply ignored. Research along national lines has inevitably limits.

In 2014 the movie The Monuments Men, based on the book by Robert Edsel (London-New York 2009) brought the work of curators, archivists, art historians and others near the end of the Second World War and its aftermath to rescue works of art in Europe to the attention of the general public. The website of The Monuments Men Foundation informs you about its activities. However, in this project the focus is on works of art taken from galleries and museums, not so much on private collections. Nowadays The Art Loss Register helps both individuals and institutions to recover stolen works of art.

The IRP is a special portal supporting the recovery of cultural heritage stolen, confiscated or in whatever way taken away during the Second World War. Things get complicated in the face of museums and even nations acquiring items from the collections of Jewish art dealers and collectors. In fact I have to state my explicit wish not to comment on the outcome of legal cases such as the Goudstikker case and the case of the Koenigs collection. Perhaps it better to admit we now see things from a distance, and we should be aware we can see only some parts of a chaotic period which does not allow for easy extrapolation of conclusions, apart from fearing things were grim, grey or indeed beyond imagination.

At the IRP portal you can search in the databases of eleven institutions. Some of these databases cover several countries, but you got to be aware you cannot search every database of these institutions with one search interface. For this reason the IRP portal rightly states it is a demo. The Deutsches Historisches Museum, the Getty Research Institute, the Mémorial de la Shoah, the British National Archives, the Nationalfonds der Republik Österreichs für Opfer des Nationalsozialismus, the Belgian State Archives, the United States Holocaust Memorial Museum and the American National Archives and Record Administration are included in the central search function of this portal.

It is remarkable the resources of the NIOD Institute for War, Holocaust and Genocide Studies (Amsterdam), home to the IRP portal, are not yet included in the central search interface. Thus the list of resources – under the heading Institutions – with ample information about accessing databases elsewhere is most important. The tab Collections brings you either to the central search interface or to the resource notices. Sometimes you do not land directly at the right section for a particular collection. In my view you can currently skip the Collections tab. The search interface has an advanced mode where you can enter terms for artist, location and techniques, but a notice alerts you this works only with some of the databases. Mentioning exactly for which it works or not would be a welcome addition, and a clear order of the institutions, be it by alphabet or by country, would be helpful, too. However confusing this may seem, it has the major benefit of shaking you clear of the idea to find something with just one search action at a single central resource, and it helps you to confront the fact things have been entered into databases in different ways. The IRP does help you to go in the right direction when you use its information carefully.

Logo NIOD

One of the obstacles in approaching these databases is the need for the use of standards, and not just at the interface level. The NIOD has helped creating with other Dutch archives a thesaurus for terms around the Second World War and the Netherlands. This thesaurus is a key element of the portal Oorlogsbronnen [War resources]. At the IRP portal the NIOD mentions only its archival collection concerning the Einsatzstab Reichsleiter Rosenberg, the unit of the Nazi regime looting Europe for works of art and other objects of European cultural heritage.

On its website the NIOD has created a section Expert Centre Restitution (interface in Dutch and English). This centre hosts the database Herkomst gezocht / Origins unknown. Its core is information about works of art either taken form Jewish people or acquired in dubious other ways and at some time – or still – present in the governmental Netherlands Art Collection (Nederlands Kunstbezit). Here, too, there are warnings about the completeness of the information. The NIOD point also to the website Museale verwervingen vanaf 1933 with information about works acquired by Dutch museums between 1933 and 1945 in suspicious ways such as theft, sale under pressure and confiscation. At the IRP portal is currently no indication whether such resources will be included in the future or not. The database of Museale verwervingen, accessible in Dutch and English, has not been updated since December 2018. Its overview of links and the succinct bibliography with mainly Dutch studies are worth mentioning. While preparing this post I noticed the RKD – Netherlands Institute for Art History has very recently digitized seven archives of art dealers between 1850 and 1950. In its holdings the RKD has archival collection of nine art dealers, among them the art firm Goudstikker. Although I am not unfamiliar with art history I have not conducted special research concerning the Dutch part of the history of stolen, looted and lost art around and during the Second World War, but these digitized archives are valuable new resources, accessible with an English and Dutch interface.

The Dutch websites figure here for a clear reason, not just to honour my regular Dutch view as a recurring element of my posts. It is perhaps wise to mention briefly some of the databases not yet included in the central search layer of the IRP Portal. In some cases the IRP’s overview makes clear an institution has not just one relevant database. Several institutions have archival collections concerning the Einsatzgruppe Reichsleiter Rosenberg. Only the database Cultural Plunder of the United States Holocaust Memorial Museum is directly included in the IRP one-step search. On the website of this project you can also find archival guides for a number of countries, and a section on looted libraries. Lost Art is a database of the Deutsches Zentrum Kulturgutverluste, with an interface in German, English and Russian. The WGA-Datenbank of the Landesarchiv Berlin can be consulted in German and English, and there is a useful introduction on the website of this institution concerning the Wiedergutmachungämter (restitution offices). The University of Heidelberg is mentioned at the IRP portal for its project German Sales 1901-1945 with nearly 10,000 auction catalogues. The website with the database at ArtHistoricum contains much information besides the database. The portion of this project with German Sales 1930-1945 is included in the provenance databases of the Getty Research Institute.

The resources overview at the IRP portal is precious, and exactly for this reason you would expect explanations about the way more databases will be integrated into its search function. The differences between databases are a challenge to scholars and the IRP team dealing with them. It is sensible to view the portal as a tool supporting the use of these databases, and not, or not yet, as a complete replacement of searches to be conducted in individual databases. On purpose I indicated the languages used at other project websites. It would be helpful to have at least some elements of the IRP portal in various languages. In fact not only English is used in the IRP resources overview.

An unfinished history

Among websites and projects that deserve at least mentioning here, but perhaps also inclusion at the IRP portal, are other projects concerning looted and lost art. The most often mentioned projects are the Claims Conference and Looted Art of the Commission for Looted Art in Europe. The art library of the Staatliche Museen zu Berlin-Preußischer Kulturbesitz has a succinct commented list – available in German and English – with the main relevant projects and databases. The Swiss Federal Office for Culture has a section on its multilingual website for looted art from the Nazi period, with a list of links. I would like to mention here two websites not included in these overviews. Auction Catalog Segmentation is a French resource created by the Institut National d’Histoire de l’Art with a focus on the auction catalogues of the Parisian firm Drouot between 1939 and 1945. The Landesarchiv Berlin and the Zentral- und Landesbibliothek Berlin have created a website Bergungsstelle für wissenschaftliche Bibliotheken focusing on books taken from research libraries. This library participates with five other institutions at Looted Cultural Assets, with currently some 31,000 provenance records and information about 8,000 persons. Not just libraries work here together, but also the Stiftung Neue Synagoge Berlin-Centrum Judaicum and the Institut für die Geschichte der deutschen Juden in Hamburg.

Logo EHRI

How can the memory of the twelve years of the Nazi period and its history of violence, genocide and other atrocities be kept alive? The EHRI project is one of the efforts of scholars to help studying the darkest part of this period. In Berlin one of the memorials is named Topographie des Terrors. Many German memorials and other websites can be found in the extensive links list of the Gedenkstättenforum. The portal Gedenkorte Europa 1939-1945 helps you to find more places of memory in Europe. However, I will not try to answer this question with only information about initiatives for remembrance. The actions to retrace, recover and restitute objects to their owners or successors, and the efforts to entangle legal questions about the rightful ownership of such objects are part of the aftermath of the Second World War and form in a way part of its remembrance. Sometimes the stories about looted art form a painful part of the aftermath when they brought further appalling humiliation to survivors and their families. Acts and places of remembrance should not hide the ways the stories of the Second World War have also been ignored, kept silent or made invisible. Sorting things out legally about objects is one thing, bringing some kind of justice to people in the face or irreparable human and material loss and injustice done to them is another challenge. Behind these objects is the history of persons with for each her or his individual history and the history of persecuted groups during a terrible period of human history.

Legal history at Medieval Digital Resources

Banner Medieval Digital Resources

In the tenth year of my blog I feel the need to look back at some telling contributions. In a number of posts I compared portal for legal history, for medieval history, and even two major national digital libraries. In this post I would like to look at one particular portal for medieval studies, Medieval Digital Resources (MDR) created for the Medieval Academy of America. This portal was developed between 2014 and 2016. The project was launched in December 2018. Somehow I have not noticed the launch of this portal. In view of the efforts behind it and the criteria for inclusion and description it seems most interesting to discuss MDR here in detail, with some particular questions as a focus: What place does legal history hold at this portal? How does its place reflect the many roads of legal history?

Aiming high

Logo MDR

The explicit aim of the portal is ” to provide access to websites that contain content of interest to medievalists and meet the Academy’s scholarly and technical standards of web presentation”. In my view this leads to two goals, selecting resources which are sufficiently interesting for scholars, and at the same time considering the quality of the virtual representation. I see here two questions: Do resources meet scholarly needs and standards? How well is their technical realisation? The Medieval Academy of America thanks a number o people in the acknowledgements, in particular Maryanne Kowalweski for designing the database assisted by Lisa Bitel and Lisa Fagin Davis. A team with six cataloguers and eighteen reviewers helped to give MDR its present shape.

You can approach the resources brought together at MDR in three ways. It is possible to browse for resources in alphabetical ordering, supported by an alphabet and a section Recent additions. A second way is offered by the search interface with multiple fields. You can search here directly for the title and description of resources, the date range and subject, the type of resource, the geopolitical region and the original language. You can also search for the original author or creator, the type of digital resource, the license, the modern language and the project status. A number of fields work with dropdown menus. The third approach is using the search field descriptions. Here you can find lists of descriptors for five search fields: subject, source type, region, original language and type of digital resource. You can look at the notes about the names of medieval authors which tells us catalogers will enter author names only when a sufficient amount of material within a resource stems from a particular author. The page about project status explains the criteria for giving a project included in MDR a particular status. The MDR depends on good input and suggestions from scholars, and thus the suggestion form is an important element of the website, as is the feedback form.

The page about standards explains at its end the reviewing process for new suggestions and the way the team behind MDR will deal with suggestions, but the sets of standards and criteria take up most space. The first set focuses on scholarly quality: meeting normal standards, the need for explicitly stating aims, goals and methods used, including providing collection parameters, and bringing a substantial contribution or innovation. Digitized monographs are excluded.

The second set of standards deals with access and design. The first criterion is meeting prevailing digital standards, with as examples the NISO standard for digital collections, Dublin Core and IIIF (International Image Operabiliity Framework). The second criterion is the need for metadata and consistent maintenance of content, interface and platform. Image quality according to regular standards is a third criterion, and the fourth criterion is wide availability and easy navigation. The fifth criterion calls for clear and correct dealing with publication rights, copy rights and credentials.

The third set of rules of inclusion explains the definitions used for complete, ongoing and pending projects. A pending project is “new and incomplete”, or unstable because the content is minimal, maintenance is absent or irregular, and thirdly “or that are longer publicly available”. Could it be the word “no” is missing the last clause?! The criteria for an ongoing project are consistent monitoring and regular updates over a year, with portals, databases and collections as examples. A complete project is fully realized and maintained, and a curated image or text collection and a thematic bibliography are given as examples.

Whatever you may think of this project in its present state, the explicit use of standards and the explanations about the criteria to be followed are in se very useful. It helps you to ascertain qualities not only subjectively or from impressions.

Selecting in practice

I had firmly convinced myself to look here first of all at sources you can connect with the study of medieval legal history, but it seemed also interesting to look which projects with the status “Complete” have been included so far at MDR. Nearly thirty projects have been assigned the status Complete. The very first result is the website of the Archivio Segreto Vaticano (ASV). Surely the ASV should figure here, but I could not help noticing a number of things about the notice. The term archives has not been used for a searchable field of this description. The modern language of the ASV is only stated as English, but of course you can view this website in Italian. Reading the description of the collections guide, “The downloadable guide lists the over 600 different collections, but not individual manuscripts of their contents.”, offers some food for thought, starting with the fact this guide (PDF) is in Italian. The collections of the ASV are generally archival collections, not manuscript collections as in its neighbour, the Biblioteca Apostolica Vaticana. In view of the number of collections at the ASV it is silly to expect for every collection full descriptions in a 96-page PDF. The choice of subjects given for the ASV, just three (diplomatics, manuscript studies and papacy) is fairly restricted, even if the additional description mention the wide variety of subjects, including legal history.

However, the main reason I start to frown when reading this description is the presence of the term Catalog in the list of resource types noted for the website of the ASV. An archive has finding aids and inventories, indexes, repertories and other tools to create access to its holdings. Personally I deeply respect the ASV for its various qualities, but you will not find any online finding aid on its website or on a separate portal. The online overview of archival collections at the ASV in ArchiveGrid is based on the Michigan project (1984-2004). Older printed guides can still be very useful. The most recent guide has been created by Francis Blouin et alii (eds.), An Inventory and Guide to Historical Documents of the Holy See (Oxford 1998) which incidentally goes beyond the ASV. You might want to read also the introduction to the ASV at the website of the Vatican Film Library, St. Louis University. Somehow the MDR notice about the ASV seems not to have been carefully reviewed. I am aware that in American use the word manuscripts can also mean papers of archival records, but its use here is not very lucky.

Looking again at the MDR search interface you will remark the absence of a search field for institutions or type of institution, and thus you will need filter yourself when searching for an archival institution. On the other hand you can filter using the preset combined fields for textual evidence for particular genres of archival records. Let’s have a quick look at some other projects at MDR having the complete status. The medieval manuscripts digitized for Europeana Regia are no longer available at its original URL. It is now available in an IIIF compliant form. The Orbis Latinus dictionary figures in the 1909 version digitized by Columbia University. The updated 1972 version is mentioned, but the notice does not indicate this version, too, has been digitized at Bayerische Landesbibliothek Online. The version of Columbia University is in German, only the introduction and some further links are in English. The notice for the Piccard Watermark collection lacks information about its language (German). The fact this kind of material evidence is also present in printed books and can be used for studying book history should become clearer. In his very early and short review of MDR on December 4, 2018 at Archivalia Klaus Graf suggested another resource concerning watermarks, the Memory of Paper, is more in place.

Using the general term legal in the free text search fields brings you to four projects. It is good to see here Diplomata Belgica, a project which figured here prominently in my recent post about Dutch charters. The three following projects are the Internet Medieval History Sourcebook, the Making of Charlemagne’s Europe – my subject in another post – and RELMIN, a project concerning religious minorities, briefly mentioned here, too. I could not help noticing RELMIN is described as an ongoing project, but in fact it is only maintained, and it provides translation not only in French, but also in English. The description at MDR is bilingual! The description of the Making of Charlemagne’s Europe mentions legal documents explicitly

By all means you might start asking me why I devote space to these defective aspects of the MDR database, as if it has no right to exist in its current form. However, it is only fair to assume that a project with six cataloguers and eighteen reviewers aiming to achieve goals which follow strict, even rigorous standards, should itself show high qualities, too.

Medieval law in focus

Let’s stick with legal history in the following paragraphs. I will look in MDR at projects filed with the subject Law, Law – Civil, Law – Crime and Law – Religious law. I will look also at some key resource types associated with medieval jurisdiction and authority. I will honour the attention of MDR to both textual and material evidence. Charters and legislation offer textual evidence, seals form also material evidence.

Searching for the general subject Law brings you at present 23 items. The alphabetically ordered list with 22 results shows foremost general resources, but starting from Chartes originales antérieures à 1121 conservées en France you are sure law is not far away. The French scholarly journal Cahiers de Fanjeaux devotes issues to matters of religious law, in particular heresy and inquisition. With The Medieval Canon Law Virtual Library and the project for medieval Welsh law you arrive safely in the fields of legal history. The Monumenta Germaniae Historica (MGH) does contain a substantial number of editions of legal texts and sources, and within the French TELMA project charters occupy an important place. The filter for civil law brings you to three results: British History Online, the bibliography of the Feminae project and again the MGH. For religious law as a subject MDR brings you to five results starting with the Digital Scriptorium again to Feminae, the Medieval Canon Law Virtual Library is present again, and you will find the digitized versions of the Patrologia Latina and the Patrologia Graeca. Clearly the subseries MGH Concilia with editions of medieval councils has not been taken into consideration, as are manuscripts with conciliar texts within Europeana Regia or in the Digital Vatican Library, to mention just two MDR resources. For the subject category Law – Crime I saw only British History Online and Feminae.

For charters MDR shows currently four projects, the original French charters from before 1121 at the TELMA portal, the Making of Charlemagne’s Europe, RELMIN and the TELMA portal. Diplomata Belgica has not been tagged with the term Textual evidence – Charters. The subject category Textual evidence – Legislation yields nine results in MDR. A search for seals in MDR brings you only to British Museum Collections Online. A search for courts brings you to British History Online, the French charters of TELMA and the Internet Medieval History Source Book. In the following section I will look at the implications of this situation regarding legal history for a general opinion about the qualities of MDR.

A beta version?

When I first encountered Medieval Digital Resources I had positive expectations about its content and quality. You might think my opinion of MDR has sunk dramatically in view of the way resources for legal history are currently presented, or are present at all.  However, I think it would be foolish to judge this gateway after analyzing only one subject in some detail. Anyone hopes to find something for his or her favorite subject. Alas another thing is perhaps more disturbing. When you search for items linked for a particular modern language, let’s take Danish, it is somewhat mystifying to get more than one hundred results without Danish being explicitly mentioned when you check these results. Of course I checked for Dutch also as an original language, and here it becomes clear that in the entry for the database Medieval Manuscripts in Dutch Collections Middle Dutch has not been entered explicitly as an original language. In due time the database for manuscripts with literary texts in Middle Dutch, the Bibliotheca Manuscripta Neerlandica et Impressa (BNM-i) should be added to MDR, too.

For some subjects the MDR is already very rich, for example for music. For other subjects you would like to see more than one or two scattered references, for example for palaeography. In a general search for the word archives you would expect to see the MDR entry for the online catalog Archives et manuscrits of the Bibliothèque nationale de France, but it does not show up. In early March 2019 the MDR database contained just 136 items. Yet nowhere on the website it is presented as a beta version, and the term “growing collection” is simply too vague. On the contrary, the preparations started in 2014, and the team worked on the database until 2018. Medieval Digital Resources now looks like a pilot for a much grander project.

One of the problems I see in the MDR database is the lack of a good working distinction between literary texts and non-literary textual resources. Another problem is how to deal with resources with a very wide coverage: Do you enter all themes and subjects separately or is there a category “General”? Perhaps more serious is the approach to resources which focus on a particular language, source type, region, theme or subject, and to other resources where these are present at a more secondary level. A thorough control of the current entries and the preset filters might be helpful and is certainly feasible in view of their current number.

The team of MDR faces some very real challenges. How to steer between the justifiable wish to include projects according to strict rules in clear presentation, and the very real need to provide a sensible web guide for medievalists? If you want to get an impression of the sheer width of medieval studies you might want to look at the online Medieval Studies Bibliographies originally created by Charles Wright and now provided by ARC Humanities Press. You could start comparing for example the coverage in its bibliography for medieval Christianity and ecclesiastical sources the sections on the papacy and on canon law and councils. The ordering of sources and scholarly resources is not really clear, and comments are absent or very concise. However, Wright very wisely divides matters over nearly twenty bibliographies, including a general overview for medieval studies. I suppose you will acknowledge the fact that in daily practice we might rely often on some resources which are not absolutely perfect. You need also guidance to use the proper resources, preferably in their most reliable and updated version. The massive Handbook of medieval studies. Terms – methods – trends, Albrecht Classen (ed.) (3 vol., Berlin-New York 2010) has more than 2700 pages.

Despite my reservations and critical remarks I cannot help admiring the idea to provide a commented gateway to resources using review to clear standards. By starting with just 130 resources the MDR exposes itself to criticisms. You cannot hide the fact that a project with eighteen team members from an institution promoting excellence in medieval studies should have started differently after five years of preparation. I had expected to see already a tag IIIF compliant added for projects with digitized medieval manuscripts. Perhaps it is wiser to start enhancing MDR with a focus on countries such as England, France, the Holy Roman Empire and Germany, and to add only gradually additional resources following a plan for particular subjects, languages and resource types. It seems wise to make such things clear right from the start. Technically I found MDR rather slow functioning. Among the projects I encountered at MDR I had not yet used the licensed ACLS Humanities E-Book collection with nearly 300 books in the subject category European 400-1400. The selection contains an electronic version of Anders Winroth’s The making of Gratian’s Decretum (Cambridge, etc., 2000).

If Medieval Digital Resources will become worth visiting and using in the future, some quick measures are necessary. Hopefully scholars are willing to suggest new resources for inclusion. However excellent it will eventually become, I am sure maintaining standards and doing ordinary maintenance will be core matters for the team working to make MDR successful.

 

Finding Frisia’s culture and legal history

Screenprint website Leeuwarden 2018

Since many years the European Union gives every year two cities the title European Cultural Capital. Cities compete with elaborate bid-books to get this coveted title. In 2018 La Valletta, the capital of Malta, and Leeuwarden, the main city of the Dutch province Friesland (Frisia), share the honours. In this post I will look at Frisian culture and history. However varied the program of events, i would like to look at more enduring institutions and projects which bring Frisian culture and history to you. Legal history has its own place in this context.

A matter of languages, and much more

Logo Leeuwarden-Friesland Capital of Culture 2018

The most striking element of the portal Leeuwarden 2018 is the absence of Frisian as a language to view this commercial website. You can choose between Dutch, Frisian, English and German at another portal, Leeuwarden-Fryslân – European Capital of Culture 2018. Here, too, you will find a calendar of events, but their cultural dimensions are given more prominence. Among the cultural events the parade of three giants in Leeuwarden made a great visual impact. Events took place in many Frisian towns and villages, ranging from opera to a heroic solo swimming tour along eleven towns to raise money for the treatment of cancer. Building the community, mienskip, was a central theme.

Frisia’s legal history

It would be almost easy to foucs here on either medieval Frisian law, with remarkable texts such as the Lex Frisionum, late medieval regulations on water management or the Roman-Frisian law during the period of the Dutch Republic, Frisia’s own version of the Roman-Dutch law. Tresoar provides us also with an overview of sources at Alle Friezen (All Frisians), available in Frisian, Dutch and English. The links section of Tresoar is most useful, You might want to look at other Frisian archives as well, easily found using the Fries Archiefnet. However, I have chosen an other subject within Frisia’s long legal history.

Start srcreen Tresoar with Viglius vn Aytta

Amidst all events for Leeuwarden 2018 you could easily miss the opening on October 19, 2018 of the exhibition at Tresoar, the Frisian archive and library in Leeuwarden, around a Frisian lawyer, and the uncovering of a statue in his honor by Herman van Rompuy.  Wigle van Aytta van Zuichem (1507-1577) latinized his first name to Viglius. He was born at the Barrahuis estate (stins) in Wirdum near Leeuwarden. His uncle Bernard Bucho was a councillor of the Hof van Holland in The Hague and saw to Viglius’ education. As many students from the Low Countries Viglius started his studies in Leuven (Louvain) where he arrived in 1522, but a few years later he went further abroad. In 1526 he was at the university of Dôle. In 1529 he received his doctoral degree in Valence. He continued his travels to Bourges to become a student and assistant of Andrea Alciato. Soon his career started. In 1532 and 1533 he taught the Institutiones Iustiniani in Padua, in 1534 he became the official (ecclesiastical judge) for the bishop of Münster, in 1535 and 1536 he was at the Reichskammergericht in Speyer before teaching law at Ingolstadt between 1537 and 1541.

Painting of Viglius by Jacob de Punder - image Tresoar

Painting of Viglius van Aytta as chancellor of the Order of the Golden Fleece, 1564, by Jacob de Punder (1527-around 1570) – Leeuwarden, Fries Museum

His political career started at an amazingly high level in 1540 when he became a member of the Conseil Secret (Geheime Raad, Secret Council), one of the most important institutions in the Habsburgian Low Countries. In 1549 he became its president, first until 1569, and again from 1573 to 1575. Meanwhile he had joined in 1543 also the Groote Raad van Mechelen (Great Council of Malines), a very important high court for the Low Countries. He conducted the negotiations for Charles V for the Burgundian Treaty of 1548 which led to a more coherent status of the Low Countries in relation to the Holy Roman Empire. In 1554 he became the president of the Raad van State, the state council. At the abdication of Charles V in 1555 he wanted to step down from his functions, but king Philip II convinced him to stay with for example the promise to become abbot of the rich St. Bavon Abbey at Ghent. Viglius’ wife Jacqueline Damant had died in 1553,. In 1562 he had been ordained to the priesthood by Antoine Perrenot de Granvelle, the trusted councillor of Philipp II and at the height of his powers as recently appointed archbishop of Malines. By now it will not surprise you Viglius presided since 1563 as chancellor of the Order of the Golden Fleece. I could have chosen a more sober portrait of him painted by Frans Pourbus the Elder, now in the Louvre, but the painting at the Fries Museum in Leeuwarden is most telling.

Legal historians can encounter him as a legal humanist. In 1534 Viglius published the editio princeps of the Greek paraphrase by Theophilus of the Institutes (Institouta Theophilou antikēnsōros) [Institutionum iuris civilis in Gracam linguam per Theophilum antecessorem olim traductae (…) (Basel: in officina Frobeniana, 1534: online, Vienna, Österreichische Nationalbibliothek)], followed by a Latin translation in 1536. Also in 1534 appeared his lectures on the Institutes held in Padua, Commentaria Viglii Zuichemii Phrysii in decem titulos Institutionum (…), published in Basel by Froben (online, Munich, Bayerische Staatsbibliothek). When you check the Universal Short Title Catalogue (USTC; University of St. Andrews) for early editions of works by Viglius you will find a notice about an edition Lyon 1533 held at Montauban, but the database of Lyon15-16. Bibliographie des éditions lyonnaises 1473-1600 makes clear this is probably an edition printed at Lyon in 1564. Only posthumously appeared a series of lectures held at Ingolstadt, Praelectiones in titulum pandectarum, de rebus creditis, et ad titulum codicis Justinianaei, de edicto divi Hadriani tollendo (Cologne: Gervinus Calenius and heirs of Johann Quentel, 1582; online, Universiteit Gent).

The USTC shows a number of pamphlets from 1543 by Viglius from the years on political matters. His Confutatio defensionis ducis Clivensis super jure ducatus Geldriae ac comitatus Zutphaniae (…) (Antwerp 1543), reprinted the same year as Serenissimae reginae Mariae contra ducem Clivensem justificatio also appeared in Dutch, De onschult der coninginnen vrou Marie regeerster der Erf Nederlanden tegen den hertoge van Cleve (…) (Antwerp 1543). Mary of Hungary, governor of the Low Countries, asked Viglius to act as her ambassador at Nuremberg and to speak up against the aggressive policies of duke William of Cleve who claimed the territory of the duchy Guelders (Gelre).

Finding out about Viglius

There is a considerable body of literature about Viglius life and works. The two volumes of the biography by Folkert Postma stand out, Viglius van Aytta als humanist en diplomaat 1507-1549, (Zutphen 1983) and Viglius van Aytta. De jaren met Granvelle 1549-1564 (Zutphen 2000). Not all of Viglius’ writings were published in the sixteenth century. At the multilingual portal site Dutch Revolt only the Dutch version has a section with numerous biographies, the one for Viglius mentions a number of relevant titles. The long article on Viglius by Postma in the Nationaal Biografisch Woordenboek is available online, too, but alas this, too, is in Dutch [NBW VIII (1979), col. 837-855]. The Royal Dutch Academy of Sciences has created a bio-bibliographical lexicon of Dutch humanists between 1500 and 1700, but this resource, too, is only accessible in Dutch, as is the one for Viglius by Toon van Houdt. He notes for example an earlier pamphlet by Viglius dealing with the Cleve-Guelders controversy, Assertio ivris imperatoris Caroli hvivs nominis Quinti, in Geldrię ducatu, & Zutphaniæ comitatu (…) (Antwerp 1541; online, Universiteit Gent). Some works have received attentions only in the last decades. Regina Sprenger wrote about Viglius’ notes about his work as a judge (Assessor) at the Reichskammergericht, Viglius van Aytta und seine Notizen über Beratungen am Reichkammergericht (1535-1537) (Nijmegen 1988). This Protokollbuch is kept at Brussels, Koninklijke Bibliotheek, ms. Van der Gheyn, nos. 2837 to 2840. Paul Nève and Regina Sprenger have published together articles about his time in Speyer. Joost Pikkemaat has studied the lectures held at Ingolstadt [Viglius van Aytta als hoogleraar te Ingolstadt (Nijmegen 2009)]. Earlier he wrote for example about Viglius’ inaugural lecture at Ingoldstad [‘De inaugurale rede van Viglius van Aytta aan de universiteit van Ingolstadt’, in: Van oud en nieuw recht : handelingen van het XVde Belgisch-Nederlands rechtshistorisch congres, Dirk Heirbaut and Daniël Lambrecht (eds.) (Ghent 1998) 53-65]. There is a brief biographical article in English on Viglius by Michael Erbe in Contemporaries of Erasmus: A Biographical Register of the Renaissance and Reformation, P.G. Bietenholz and T.B. Deutscher (eds.) (3 vol., Toronto 1985-1987; reprint 2003) III, 393-395, where Viglius’ position in the network around Erasmus is concisely charted.

Viglius is remarkable also for his historical work and an autobiography. He collected maps and he acted as the first librarian of the royal library in Brussels. A number of his letters, too, were published. You can consult four original letters sent to Viglius in the image library of the Vrije Universiteit Amsterdam. The Kalliope guide for manuscripts and personal papers in Germany alerts to some letters and to 23 volumes at Göttingen, and to a volume with letters in Giessen. In Paris the BnF has among its archives et manuscrits a volume of the Manuscripta Zwichemiana (Nouv. acq. fr. 6168) and some letters from king Philip (Mélanges Colbert 409, VII, no. 817). If you search for Viglius at the Dutch archives portal you will find in particular in Leeuwarden and Utrecht archival records. When you use the Archives Portal Europe you will find even more. At Mémoire vive, the digital portal of the city Besançon you can find materials concerning Viglius within the Collection Granvelle. For those with access to the licensed Picarta resources, for instance via the Dutch Royal Library, you will find more letters in the Nederlandse Centrale Catalogus, and you will wonder why only two letters are listed in another Picarta resource, the Catalogus epistularum neerlandicarum, a database for finding Early Modern letters in a number of Dutch public collections. The two volumes of Postma will help you to trace even more.

It is entirely fitting a former president of the European Commission was asked to uncover the statue of Viglius at Leeuwarden. His published works were often reprinted during his life and some of them even afterwards. His letters and manuscripts ended in major libraries after periods in the hands of many scholars and collectors who appreciated Viglius’ contacts with celebrated humanists. Important archival records can be found in Brussels, Vienna and Simancas. Viglius’ life shows eminently how a an able man seemingly from a far-away corner of Europe could come close to the very nexus rerum of his time. Although he clearly felt much at home in Ghent he never forgot his Frisian roots. In this sense Leeuwarden can indeed claim to be a European capital. Once upon a time studies about Viglius were colored by nationalism and religious positions. If we see him now more as a true European with strong ties to his origin, this might teach us a lesson for our century. At some turns legal historians might have deplored his early goodbye to legal humanism, but it is more sensible to respect his efforts to steer clear of many problems in the middle of Europe’s political turmoil of his time which led to revolt and civil war in the Low Countries and many other parts of Europe.

Early Modern celebrations and legal iconography

Header Early Modern Festival Books, University of Oxford

Sometimes history is almost literally on parade. Events can be an occasion for festivities, and even stronger, an event can be organized as a feast. The signing of peace treaties is celebrated, as are the ascension to the thrones of monarchs and popes, their entries to cities, marriages and funerals. Historians search for eyewitness accounts to find out what actually happened, but there is attention, too, for the image rulers and other authorities wanted to convey, in particular views of law and order, justice and policies. The generic term for books published for such occasions is festival books. Their often lavish illustrations make them into a most interesting resource in the field of legal iconography. The very term festival books has somewhat misled me to view them only as a source for the history of art and culture. In this post I will look at some resources to approach festival books, and of course some of them are discussed in some detail. A number of festival books are no longer than a pamphlet, a genre which significance for legal history comes increasingly into view on my blog.

Representations of power

Earlier this year I could take over a copy of a study by Ria van Bragt, De Blijde Inkomst van de hertogen van Brabant Johanna en Wenceslas (3 januari 1356) [The Joyeuse Entrée of Joanna and Wenceslas as dukes of Brabant] (Louvain 1956; Standen en Landen/Anciens Pays et Assemblées d’États, 13). This study deals with a charter granted to the States of the duchy of Brabant on the occasion of the Joyeuse Entrée, a document containing promises about the way the duke and duchess would rule. The charter became an example for later similar charters elsewhere, for example the 1375 Landbrief consented by Arnold van Horne, bishop of Utrecht. Such documents are primary sources for the political and institutional history of the medieval Low Countries, but the actual surroundings of both occasions remain largely hidden. In this contribution I will look at printed sources, but I am sure archival records exist for medieval entries and accompanying festivities, too.

Header Renaissance Festival Books, British Library

For years the main online resource for Early Modern festival books was the digital collection Renaissance Festival Books of the British Library, created in cooperation with the University of Warwick. The British Library digitized 253 books from their holdings with more than two thousand festival books. The concise introduction to the collection focuses on the mixture of art history and political history offered by festival books. Its reference section points to a number of major studies and to two bibliographies. On the opening page of the collection you will find a list of subjects which can be associated with this genre. In the links section nine other collections are mentioned, and we will see a number of them in this post. You can also read a number of articles written by experts in the field of festival books.

The Early Modern Festival Books Database has been created in 2011 at Oxford as an updated and expanded version of Festivals and Ceremonies. A Bibliography of Works Relating to Court, Civic and Religious Festivals in Europe 1500-1800, edited by Helen Watanabe-O’Kelly and Anne Simon (London 2000). The database rekindled my interest in festival books. The original bibliography described books in the collections of the British Library, the Victoria and Albert Museum, the Bibliothèque de l’Arsenal – administrated by the Bibliothèque nationale de France (BnF) – and the Herzog August Bibliothek in Wolfenbüttel. In the database a fifth collection has been added with books held by the Bayerische Staatsbibliothek in Munich. The menu of the database provides five ways to search for these festival books, 3000 items in twelve languages. You can search directly for particular works, proceed from the artists or places involved, the kind of event or the kind of festival elements, and for participants. Thus it is possible to search for events with everything from cannonades, horse ballets and orations to jousts, tableaux or water processions. The participants are seen as persons involved as key figures with particular festivities. When digital versions of books exist their URL is indicated.

For me it is a fairly obvious matter to establish whether you can easily find all relevant digitized copies of a particular collection. However, the advanced search mode of the online bibliography with fourteen search fields does not contain a field for collection. The Victoria and Albert Museum has no longer information on its Piot Collection, neither does the website of the National Art Library housed in the V & A. The BnF offers a good introduction to the Collection Auiguste Rondel of the Bibliothèque de l’Arsenal. The Herzog August Bibliothek has a subdomain for Festkultur Online with 314 digitized books which illustrations can be searched thematically with Iconclass. At the website of the Bayerische Staatsbibliothek I could not find a page about its festival books.

Logo Society for European Festivals ResearchIt is only natural to pursue this path for the other relevant collections mentioned at Renaissance Festival Books, a list repeated at the website of the Society for European Festivals Research of the University of Warwick. The Getty Institute in Malibu, CA, has a good introduction on this subject, and this institution has created a subset in its digital collections for 1,300 digitized festival books. The New York Public Library has a very brief page about the Spencer Collection without any indication of the festival books. The Staatliche Kunstsammlungen Dresden offer no information for our subject, but you can search for festival books in their digital collection. The 102 digitized festival books in the library of The Warburg Institute in London are at the current version of the website only hinted at under the header cultural history. However, they can be found as a preset selection in the digital collections of the Senate House Libraries of the University of London; entering “Warburg Institute digital copy Festivals” in the keyword field will do the trick.

The crowning of emporer Charles V in Bologna, 1530

The pope and the emperor in the 1530 processsion after the coronation

Pope Clement VII and Charles V in procession at Bologna, 1530, February 24 – Nicolaus Hogenberg, ca. 1535-1539 – The Getty Institute, Malibu, CA, (CMalG) no. 1366-954 (detail of print 27, resized)

By chance The Getty Institute shows at its page about festival books an image of the procession in Bologna in 1530 around the coronation of Charles V as emperor of the Holy Roman Empire from a printed scroll by Nicolaus Hogenberg, published between around 1535-1539. Print 27 of this lavishly illustrated scroll shows the pope and the emperor, both wearing their crowns and riding on horseback under a beautiful canopy. If you think I indulge here in art history I would like to remind you of the study on the thought of medieval Italian lawyers about the crowning of emperors by Marco Cavina, Imperator triplici corona coronatur. Studi sull’incoronazione imperiale nella scienza giuridica italiana fra Tre e Cinquecento (Milan 1991). The emperor’s coronation in Bologna in 1530 was the last of its kind, and it was certainly not in all aspects similar to other coronations, if only already for its very location. Surely visual display was an important element of Charles’ coronation. The pope and the emperor had stayed for months in Bologna, but only after prolonged consultations it was finally decided to celebrate the coronation in this city.

Logo Heritage of the Printed Book database

While searching for more collections of festival books and if possible also digital versions I found an online bibliography created at the McGill University, Montreal, Theatrical space as a model for architecture. Here the focus is on temporary buildings and their relation with theatre. A focus on a single town and one singular princely court can be found at the website Mantova Capitale Europea dello Spettacolo with an Italian and English interface. The database of the Archivio Herla contains some 12,000 documents documenting theatrical spectacles during the long reign of the Gonzaga family (1480-1630), to be seen in connection with three other database at the portal Banche dati Gonzaga. It is seducing to pursue a quest for more websites and resources, but let’s least not forget the German project Welt und Wissen auf der Bühne. Theatrum-Literature der Frühen Neuzeit, the subject of an earlier post here. In the Early Modern world there was definitely an awareness of the theatrical side of life and printed publications about many subjects. For any research in the field of Early Modern printed books the Heritage of the Printed Book Database of the Consortium of European Research Libraries (CERL) can help you very much. It will help you for example in checking for the presence and absence of relevant works in the Oxford festival books database. Apart from the digital collections with festival books mentioned at the project websites under discussion I can at least add one specific digital collection created at the Beinecke Library of Yale University, Celebrating Italian Festivals, with 231 works.

Which texts and prints around the coronation of emperor Charles V in 1530 figure in Early Modern Festival Books? The database mentions some twenty works, a number of them not dated. The Hogenberg scroll figures as no. 696, dated in 1532 with The Hague as printing location. The records points to a digital version of it in the British Library (signature 603.I.16), one of four copies in this library. This copy has not been colored, and like the copy at The Getty Institute it has no title page. For me it is interesting to notice also verses by the famous Neolatin poet Janus Secundus (1511-1536), a son of Nicolaus Everardi (around 1462-1532), president of the Hof van Holland (1516-1528) and the Grote Raad van Mechelen (Great Council of Malines) (1528-1532). I checked for this work also in the digital collection Renaissance Festival Books of the British Library, and a second copy in this library has been digitized, too (sign. 144.g.3 (1.)). The BL’s digital collection has 1529 as date of the coronation. Exceptionally the poem has been used as the identifying title, starting with the words Gratae et laboribus aequae posteritati. I was intrigued by the different versions of this remarkable print, and therefore it was only natural to check the catalogues of the other four libraries of the Oxford project. The Herzog August Bibliothek has a damaged copy (sign. 31.3.1 Geom. 2°). It is the only copy with this title in the HPB database. The Universal Short Title Catalogue (USTC) has two entries for the same edition. The first entry mentions the copies of the BL, the second entry has been created for a copy in Oxford, Bodleian Library, Douce Prints b.31, both dated in 1532. The COPAC entry rightly shows a question mark behind this date. Henricus Hondius can only be associated with later editions.

Canonists in the 1530 procession

“Unnumerable canonists and legists”, plate 66 – Nicolaas Hogenberg, 1530-1536 – Amsterdam, Rijksmuseum, object RP-P-OB-78.624-30 [Frederik Muller, Nederlandsche historieprenten, no. 377-d/29]

To cut a long story short, this print can also be found in the holdings of museums such as the Rijksmuseum in Amsterdam. Its catalogue contains references to the catalogues of historiated prints which document the various states and later use of the original plates. There are versions with and without blazons above the pageant. The lack of a title and the possibility to approach this work both as a book and as a print show nicely the difficulties you encounter when studying festival books. Book historians and art historians study them with their own approach and methods, and the way such prints are catalogued differs, too. Apart from the different versions you will have to be alert for individual copies and their aspects. In this case it should be no surprise that the Karlsruher Virtuelle Katalog can add only a few copies: Berlin, Staatliche Museen, Kupferstichkabinett and Pesaro, Biblioteca Oliveriana. When you check the library catalog for Pesaro and Urbino you will see it is an edition from 1582.

The Early Modern Festival Books bibliography and online database should be seen as one tool among others. I think I showed here one of the most remarkable but perhaps not totally representative examples which also show some of the problems you might encounter when dealing with festival books. The database helps you to compare many aspects of books concerning major events and festive occasions, but it is asking too much to view it as a catalogue of existing copies of a particular work, sometimes even for the participating libraries. As legal historians we might prefer to stick to sources concerning the legal side of events such as the double coronation of Charles V. Marco Cavina’s study is by all means most helpful to look at doctrinal matters concerning imperial coronations from the thirteenth century onwards. Exploring visual resources can remind us how very much alive people and surroundings of such events were. Such events made indeed a graphic impact.

A postscript

In March 2020 the blog Franco-Fil published the post ‘Die Livres de fête aus der Sammlung Jacques Doucet in der Bibliothek des INHA (Mittwochstipp 123)’ on books held at the library of the Institut national d’histoire de l’art (INHA). Fanny Lambert and Julie Ramos created between 2009 and 2013 a catalogue of this festival books collection. In 2010 the library of the INHA organized an exhibition about festival books, the accompanying catalogue is available for downloading. This collection, searchable at the INHA’s Agora platform, does contain a copy of the work about the imperial entry in Bologna [INHA, Collections Jacques Doucet, Fol Est 364 (cote BINHA), II E 22 (numéro d’inventaire], cautiously dated only as a work from the sixteenth century.

Diversity and unity: Raoul Charles van Caenegem (1927-2018)

Raoul Van caenegem - source: Academia Europaea, https://www.ae-info.org/On Friday June 15, 2018 Raoul van Caenegem passed away. Last week the legal historians of the Law Faculty at Ghent University, his alma mater, sent an in memoriam in a special issue of the Rechtshistorische Courant. The Max-Planck-Institute for European Legal History published on June 25 a short notice about Van Caenegem. After some reflection about the right way to write here about Van Caenegem, translating these most fitting words from Flemish into English is probably the best thing to do.

Diversity and unity

After briefly mentioning his honours and awards the eulogy starts as follows: “The oeuvre of Van Caenegem is very diverse. A typical Van Caenegem story tells how he meets someone who expresses his admiration for his book. In such cases Van Caenegem did not reply “Which book?”, but remained friendly and tried to divine which book the other person could mean. Along his career Van Caenegem published about a wide range of subjects, making it difficult for relative outsiders to oversee his production. However, even knowing a small part of these publications leaves you mightily impressed. The editorial committee of the Rechtshistorische Courant will point here mainly to publications about legal history. Flemish medievalists do know him from his book on Flemish criminal law and criminal procedure in the fourteenth century, works inaccessible to foreign scholars because they have never been translated. It is the other way around with his Appels flamands, an edition of appeals from Flanders to the Parlement de Paris in the fourteenth and fifteenth century, widely read in France, but much less in Flanders.

The general public in Flanders knows Van Caenegem as the author of Geschiedenis van Engeland and Engeland Wonderland. His Flemish readers do not know generally about the praise of English legal historians for books such as Royal writs in England from the Conquest to Glanvill, The birth of the English common law and English lawsuits from William I to Richard I. English readers in turn might not know about the two general books on English history. Generations of Flemish students have toiled over Van Caenegem’s Geschiedkundige inleiding tot het recht, not knowing at that time this work has been translated meanwhile in languages ranging from English to Chinese, and that they are not used as student handbooks, but by graduate students and professors of legal history and comparative law. Two other publications fit into the same row, Judges, legislators and professors and European law in the past and the future. Medievalists might pass these books, but they were able to benefit from the Encyclopedie van de geschiedenis der middeleeuwen and its later translations and adaptations such as the Introduction aux sources de l’histoire médiévale. In this case Van Caenegem continued a work started by his own teacher François Ganshof, in other cases he was a pioneer without followers. For a general history of European procedural law you still have to turn to his synthesis in the History of European civil procedure. He was also the editor of many volumes and articles. There are two volumes for his English articles, but many could follow filling easily some bookshelves. We can point to his work on Flemish keuren – not only customary law, but also legislation by the Flemish counts, OV – and his studies about Galbert of Bruges.

The truly groundbreaking thing is Van Caenegem did not look upon old law as a national but an European phenomenon. Now it is commonplace to speak about European legal history, but this started only after 1990. Without diminishing the role of other great scholars we can safely say Van Caenegem’s handbook did play a vital role in this development. They helped lawyers all over Europe to realize this continent had once upon a time one common legal history, and that Europe is heading again to a shared legal culture. It is no coincidence that the European Society of Comparative Legal History awards since 2014 the R.C. Van Caenegem prize, named after the savant seen by this society as its great example. Van Caenegem himself did underline the fact European legal history in the Middle Ages and the Early Modern period is not only a history of unity, but of diversity. Next to the great professors of the ius commune you can find the Grote Keure of Ghent. Long before the Brexit Van Caenegem emphasized how the common law was a strange element in the story of Europe. European law has many aspects. Van Caenegem knew as few others how to show this diversity for many branches of law: private law, criminal law, criminal procedure and public law. When you have an overview of Van Caenegem’s oeuvre you can only humbly confirm the words of an American scholar who many years ago said to a young student of Van Caenegem: You’ve been studying with God himself!”

A few words

I can confirm the mighty impression Van Caenegem could make when I remember my very first appearance for an audience of Belgian and Dutch legal historians. I felt instantly the presence of someone who was not only bodily, but also scientifically a giant with an inquisitive mind. In later years I knew also his kind but still towering presence. Fifteen years ago a vice-president of the Royal Dutch Academy of Sciences told how relieved he was when he finally knew how to address Van Caenegem without trembling to make a fault: mijnheer de baron, a consequence of the peerage bestowed on him.

For many years Van Caenegem served as a member on the governing board of the Max-Planck-Institute for European Legal History in Frankfurt am Main. He wrote in 2010 a lovely article about his own memories of great scholars for one of the scholarly journals of this institute, ‘Legal historians I have known: a personal memoir’Rechtsgeschichte / Rg 17 (2010) 253-299. Earlier this year I received a copy of the first Dutch edition (1962) of the Guide to the Sources of Medieval History. Even when it is clearly the work of both Ganshof and Van Caenegem you cannot escape from the thought Van Caenegem made already his imprint. For those thinking all his books have been mentioned above, I can mention at least one other book I have at home, Over koningen en bureaucraten. Oorsprong en ontwikkeling van de hedendaagse staatsinstellingen [On kings and bureaucrats. Origin and development of contemporary state institutions] (Amsterdam-Brussels 1977), a book on state formation, institutional history and public law. For decades Dutch legal historians and historians abroad saw his name on the cover of the Tijdschrift voor Rechtsgeschiedenis. It will not help much to add here other things. We can only mourn with scholars at Ghent University the loss of Van Caenegem, we can share with them the profound gratitude for his countless services to European and legal history during his long and productive life.

A postscript

The blog of the association Standen en Landen / Anciens Pays et Assemblées d’États published on June 19, 2018 an in memoriam in Dutch and French. On June 25, 2018 Maastricht University published a notice on its website with a drawing of Van Caenegem taken from his 2010 article in Rechsgeschichte/Rg.

Women and law in medieval letters

Logo EpistolaeHow can you correct some of the deceptive perspectives, or even worse, outright biases, without surrendering your own powers of comprehension? What is humanly possible to change your mind? I think we should embrace every sincere invitation to let us listen better to voices easily overlooked in our regular research practice and use of sources. In the project under discussion in this post I will as usually try to look first of all for its qualities, and not only for things to be repaired or bettered. Epistolae: Medieval Women’s Latin Letters is a project created by Joan Ferrante, a professor of English literature at Columbia University, New York. Its core is a corpus of nearly 2,400 medieval letters, both in English translation and in the original languages. What does this substantial collection contain, and what not? How easy can you use its contents? What is in these letters for legal historians?

Spanning a continent and a millennium

The second logo of Epistolae

The letters in the Epistolae project are written in Latin. They date from the fourth to the thirteenth century, and thus there are texts from Late Antiquity up to the century which often has been seen as the apogee of the Middle Ages. The collection contains both letters sent by women and letters they received. Apart from browsing the entire collection you can search the letters using separate search fields for the title of a letters, senders and recipients, and there is also a global search field. The first three fields automatically generate suggestions for items containing a part of your search which you can select for quicker searching. By clicking on the title of a column in the results view you can change its sorting order. There is a basic bibliography for the resources used for this project, with in many cases only the title of publications and their presence in Columbia’s university library. In the second section of the project you will find biographies about the women figuring in the project.

One of the things I quickly noticed is probably one of the historian’s idols, the absence of years or a period of years in a number of search results. In some cases a global date can be added easily because we know the years in which the sender or recipient lived. Historians prefer to know from which period or year, or when necessary even from which date a source stems. Temporal precision helps you to avoid generalisations for a period like the European Middle Ages which span a continent during a millennium. However, the thing clearly most important here is showing the existence of letters written by women or received by women in a language mostly associated with men and male education.

However large the number of more than 2,300 letters may seem, you will probably want to see as many letters written by women as possible, and in a second set letters written to women, and you might want to have also easy access to letters sent among women, but I do not see here the possibility to create this subset quickly. With this in mind I was rather amazed that you will find for Hildegard of Bingen (1098-1179) only three letters dictated by her and three sent to her. Her correspondence is good for three volumes in the modern scholarly edition, Hildegardis Bingensis, Epistolarium, Lieven Van Acker and Monika Klaes-Hachmoller (eds.) (Turnhout, 1991-2001; Corpus Christianorum, Continuatio Medievalis, 91, 91a and 91b), commonly seen as one of the largest collections of letters written by a medieval woman. Hildegard is justly famed for the wide variety of people she wrote to and writing to her. The examples given here are restricted to letters to Elisabeth von Schonau, Eleanor of Aquitaine and Bernard of Clairvaux, and letters by Bernard of Clairvaux and Elisabeth von Schonau. The entrance for Hildegard of Bingen mentions the English translation [The Letters of Hildegard of Bingen, Joseph L. Baird and Radd K. Ehrman (Oxford etc., 1994, 1998, 2004)]. I did not find a statement on the website for this severely restricted choice, but it might be a matter of creating a balance between well-known and lesser known women.

A Dutch and Flemish view

You could bet I would look in the database of Epistolae for Dutch women, and this is indeed fruitful and revealing. There are 127 search results for a global search with the term Holland, and 208 results when you search for Flanders. However, something else becomes also visible. Each letter with more than one sender or recipient is recorded as many times as there are senders and recipients. Let’s look for example at the two charters of count William of Holland addressed to Margaret of Constantinople, countess of Flanders, written both May 19, 1250 in Brussels. I could not help spotting that William is according to the first charter only count of Holland, and in the second charter he figures as king of Romans. Ashleigh Imus provided English translations of these charters. I checked the text also in the source mentioned at Epistolae, the Oorkondenboek van Holland en Zeeland tot 1299 (OHZ), A.C.F. Koch, J.G. Kruisheer en E.C. Dijkhof (eds.) (5 vol., The Hague 1970-2006) digitized by the Huygens Institute / Institute for Dutch History.

The first charter, no. 851 in the OHZ, reads clearly “Willelmus Dei gratia Romanorum rex semper augustus, comes Hollandie,” both king and count, with for Margaret, “Margareta Flandrie et Hainonie comitissa”, yet another county, Hainault. In the second charter (OHZ, no. 856) William is called only king of Romans, “Willelmus Dei gratia Romanorum rex semper augustus”. When you check the OHZ you will see Margaret figures in more charters dated May 19, 1250. In no. 858 her name is abbreviated. No. 701 of December 16, 1246 is present in the Epistolae database, but this charter was not addressed to the abbot and monastery of Doesburg. Thosan is the Flemish monastery at Ter Doest.

In yet another letter, this time addressing pope Gregory IX in 1242, Ashleigh Imus rightly corrected a misprinted location in an old Italian edition. The charter mentions indeed Veurne (Furnes) in Flanders. There is a summary of this charter in the registers of pope Innocent IV [Les Registres d’Innocent IV (1243-1254) I, Elie Berger (ed.) (Paris 1884; online at Gallica), p. 52, no. 290], dated “Datum Lateranensi VI Idus Decembris”, December 8, 1243, and not on “III Nonas Decembris”, December 3, and edited from the papal register Reg. Avon. I 289, f. 47. I could not find this charter at the Belgian portal Diplomatica Belgica. Ferrante mentions the conflict about Hainault in her very interesting short biography of Margaret of Constantinople (1202-1280), without however caring to give the date of her birth and death.

You can check the charters of the only Dutch king of the Holy Roman Empire also in Die Urkunden Heinrich Raspes und Wilhelms von Holland, Dieter Hägermann and Jaap Kruisheer (eds.) (Hannover 1989; Monumenta Germaniae Historica, Diplomata), available online at dMGH, the digital platform of the MGH in Munich. The two charters nicely shows the difficulties of recording in a database the presence of multiple people involved with one item, and in this case even two persons with two roles in the first charter. Things are clearly not entirely correct when you cannot find Margaret when you use a global search for Hainault. You have to be very much aware of the fact that only 800 letters have been entered into the Epistolae database, even though 2000 letters have been collected and await further treatment.

If you want to follow the trail of charters in the Low Countries you can consult online several modern editions. For Guelders you have the Oorkondenboek van Gelre en Zutphen tot 1326, for the diocese Utrecht Oorkondenboek van het Sticht Utrecht tot 1301, S. Muller Fz. et alii (eds.) (5 vol., Utrecht 1920-‘s-Gravenhage 1959). For Brabant the Digitaal Oorkondenboek van Noord-Brabant brings you even more than the printed editions. Older editions for Frisia, Groningen and Drenthe can be consulted and searched at the Cartago platform.

Letters and charters

My probings in the Epistolae database point in the direction of a conclusion which is not entirely surprising. It seems a good thing to put in both real letters and charters into one database on the same footing, but alas charters need to be treated in a very distinct way in order to become usable for research. The projects for Holland, Utrecht and Guelders give you a searchable database and both OCR-scanned texts and images of the original edition. Of course you want to use all possible relevant sources about particular women, but putting them into a database and creating a reliable scholarly resource is not an easy thing, regardless of the subject you want to investigate. In the Epistolae database you cannot search directly for letters by women sent to other women, a thing many people will want to look for. In many charters women, in particular those of high rank in medieval society, do all kinds of things, in particular actions with legal consequences. It is perfectly understandable that you would like to have as many sources as possible in a single online resource, but one has to accept some consequences. To the philological skills needed to study medieval letters you will have to add the skills of the classic historical auxiliary sciences such as diplomatics, the study of charters, and palaeography.

Joan Ferrante wisely choose to rely on printed editions for her enterprise. Her knowledge of medieval literature and approaches of this vast subject has led her to launching a database that has its strength primarily in the letters given both in Latin and English. Realizing the idea of wanting to show both writing letters and using the pen for legal matters in charters is not unthinkable, but it will be a tour de force. Finding the voices of medieval women is a quest in itself, but you cannot afford to lose sight of all tools needed and existing.

Another thing that needs stressing is attention to the epistolary genre with its own particularities. You can get an idea of a further mixture of matters relevant to legal history by looking for example at a recent volume concerning the papacy and letters, Kuriale Briefkultur im späteren Mittelalter. Gestaltung – Überlieferung – Rezeption, Tanja Broser, Andreas Fischer and Matthias Thumser (eds.) (Cologne-Weimar Vienna, 2015; Regesta Imperii Beihefte, 37), available online at the website of the Regesta Imperii. In his contribution in this volume, ‘Letter-Collections in the Middle Ages’ (pp. 35-50), Giles Constable explains medieval letters are most often transmitted within collections. A real letter could be expanded and refined to serve as a literary text. He stresses the double nature of letters and charters which can have both a personal and businesslike character. Constable urges scholars to look carefully at each individual letter, and not to conclude things hastily because it is preserved in a particular collection. Wise words from not just one of the best known medievalists, but from a doyen in the field of medieval letters. His volume on Letters and letter-collections (Turnhout 1976; Typologie des sources du Moyen Âge occidental, 17) has been digitized by the MGH. You can learn basic things about medieval letters also in the chapter ‘Epistolography’ by Julian Heseldine in Medieval latin: An introduction and bibliographical guide, Frank Mantello and Arthur Rigg (eds.) (Washington, D.C., 1997) 650-658. On the resources page of Epistolae this guide is mentioned without a reference to this chapter.

Logo MGH, Munich

Speaking of the MGH, it is now possible to find at their dMGH platform also editions of letters in the Epistolae series, in particular the volumes of the Epistolae saeculi XIII e regestis pontificum Romanorum selectae, Karl Rodenberg (ed.) (3 vol., Berlin 1883-1897; MGH Epp. saec. XIII) in which you will find both real letters and more official correspondence. A letter to Joan of Constantinople, countess of Flanders and Hainault, sent by pope Gregory IX on November 5, 1235 (I, 563, no. 666) can be added in the Epistolae database. Among the latest publications of the MGH is the Codex Udalrici, Klaus Nass (ed.) (Wiesbaden 2017; MGH, Die Briefe der deutschen Kaiserzeit, 10) with early twelfth-century letters around the investiture conflict compiled by a cleric at Bamberg.

Visible and invisible filters

When finishing this post I could look also at the remarks about medieval letters in the first edition in Dutch from 1962 of the famous Guide to the sources of medieval history (Oxford 1995), also translated and updated as Introduction aux sources de l’histoire médiévale: typologie, histoire de l’érudition médiévale, grandes collections, sciences auxiliaires, bibliographie (Turnhout 1997) by Raoul van Caenegem and François Ganshof, to mention only the latest versions. Both authors mentioned in 1962 already everything I summarized here from later introductions to a rewarding genre which you cannot approach as if you can read everything at face value.

Banner Feminae

The most paradoxical thing about the project of Joan Ferrante is her apparent neglect as a professor of medieval literature of a thing which any student would know and duly acknowledge. It is one thing to set out to correct the bias filtering medieval women out of view, another thing to tackle the apparent biases in two distinct kinds of sources, medieval letters and charters. Both genres share a mixture of objective matters and personal touches. I am convinced of the need to use gender perspectives, but perhaps I am also too much a medievalist to forget about the challenges medieval sources pose for any kind of research. What can and has been done in research about medieval women can be traced in the online bibliography at Feminae: Medieval Women and Gender Index. You should not miss the bibliographies at Queens in the Middle Ages, too. A portal such as Monastic Matrix concerning medieval women’s religious communities is a model of its kind. The presence of English translations and accompanying biographies is surely most valuable for the Epistolae project, but the mélange of letters and charters has resulted in a rather unexpected mixture. It would be wonderful to use both genres together in one database, but one has to overcome some very real problems before you are able to hear the true voices of medieval women. In my opinion this database deserves a remix, an update with the 1200 letters waiting to be entered, and some tuning of the biographies and search interface to become fully operational as a search tool which can fulfill many needs.

A true professor: Knut Wolfgang Nörr, legal historian and lawyer

Knut Wolfgang NörrIn the midst of all kind of things, not only preparing new posts for this blog, I read news which made me pause for thought, and more than that. It is truly sad to hear that Knut Wolfgang Nörr passed away on January 15, 2018. Last week Thomas Duve, one of the directors of the Max-Planck-Institut für europäische Rechtsgeschichte in Frankfurt am Main, wrote a brief message about Nörr’s death on the institute’s website. At the university of Tübingen his colleague Jan Schröder wrote a somewhat longer but still very concise in memoriam with however a very full treatment. In fact it is hard to believe you can tell anything about him with so few words. When you look at the enlarged version of the portrait photo it is even more striking how he looked almost unchanged over the years. Here I would like to share a few of my memories of meeting Professor Nörr many years ago, and I will briefly look at his work in the field of medieval canon law. I am sure they show sides of him which are equally telling about his person, his life and achievements as a scholar as more profound obituaries which he truly deserves.

A true professor

Jan Schröder succeeds wonderfully in creating a most lively image of Knut Wolfgang Nörr (1935-2018), a man of many gifts. Legal historians tend to see him as a major specialist in the field of medieval canon law, but he made also important contributions to the study of contemporary German law. It was Stephan Kuttner who guided his first research in the field of medieval ecclesiastical law, resulting in his first book around a theme connected with the Council of Basel, Kirche und Konzil bei Nicolaus de Tudeschis (Panormitanus) (diss. Munich 1960; Cologne 1964). Nörr used here the person of the Sicilian canonist Niccolò de Tedeschi (1386-1445) as a focus for a study of views on the balance between church and councils. His versatility became soon visible in his Habilitationsschrift on the position of judges within Early Modern legal procedure, Zur Stellung des Richters im gelehrten Prozess der Frühzeit: Judex secundum allegata non secundum conscientiam judicat (Munich 1967). Nörr became in 1966 a professor at Bonn, and went in 1971 to Tübingen where he would stay despite several alluring calls from other universities.

Combining the history of legal procedure and medieval canon law became a hallmark of his work, but he was equally equipped to study the history of German law, for example with a pioneering study of private law during the Weimar Republic, Zwischen den Mühlsteinen : eine Privatrechtsgeschichte der Weimarer Republik (Tübingen 1988), and crowned with a study on the history of economic law in post-war Germany, Die Republik der Wirtschaft : Recht, Wirtschaft und Staat in der Geschichte Westdeutschlands (2 vol., Tübingen 1990-2007). The results of his research were published also in a steadily flow of articles, a number of those concerning civil procedure were republished in the volume Judicium est actus trium personarum : Beiträge zur Geschichte des Zivilprozessrechts in Europa (Goldbach 1993).

In the field of medieval canon law he looked in particular at the way the papacy used law, not only in papal decretals, letters with decisions by papal delegates, usual bishops or abbots, but also at the courts of the papal curia in Rome. Looking at the titles of his articles and their sequence it shines through how he delved new roads to look at the relevant sources. The importance of his work on medieval procedure is perhaps most visible in the creation of the series Der Einfluss der Kanonistik auf die europäische Rechtskultur, Orazio Condorelli et alii (edd.) (4 vol., Cologne-Weimar-Vienna 2009-2014) in which three volumes deal with legal procedure. Thanks to Knut Wolfgang Nörr the very substantial role of canon law in legal procedure is taken into account in any study of the history of legal procedure, an achievement very much also following his teacher Stephan Kuttner who stressed the role of medieval canon law for criminal law.

Some personal notes

I had promised you not to look only at the publications of Knut Wolfgang Nörr, but seeing this overview helps you to understand what a towering figure he was, certainly in the eyes of a young graduate student. In summer 1991 I came to Tübingen for a period of research for my Ph.D. thesis. My second supervisor, Alain Wijffels (Leiden and Louvain-la-Neuve) had helped me to get support from the university of Tübingen. I had made an appointment at the law faculty, but I was not quite prepared for what happened next. Nörr welcomed me friendly, assuming I would defend my thesis at Leiden University, quod non, but after telling him about my purpose and study plan he did something else, too. He gave me the name of a student assistant whom I could contact for practical matters, and he walked me to the university library. In a seemingly old-fashioned but very effective way he introduced me to the staff of the department for rare books and manuscripts. Twenty-five years ago the electronic library catalogue at Tübingen was still in an early phase, and not all old works had yet been entered. Therefore he handed me the old hand written catalogue of legal books, and urged me to look it through completely before starting with reading specific medieval and Early Modern works.

To illustrate the riches of Tübingen’s university library for legal history Nörr told me a story about another visitor. On a certain occasion he had taken Domenico Maffei, a connaisseur of old legal books, to the library stacks, and left him with the old legal books. After half an hour Nörr looked for Maffei, and found him still between the stacks, murmuring again and again: “Scandalo, scandalo!”. “What is the scandal?”, Nörr asked him, and Maffei answered the scandal was not the stunning presence of many rare books, surprisingly often with more than one copy, but the fact this collection had survived the ages and now was only seldom used.

The Bonatzbau (1912) of Tübingen University - image Wikimedia Commons

I spent part of the following summer again in Tübingen to benefit from the rich holdings of the university library. For at least one particular genre of Early Modern legal books it would be impossible to write its history without taking the collections at Tübingen into consideration, but it is closer to the truth to say that only the Universitätsbibliothek Tübingen made me thinking about this genre. I hope to follow and complete my investigations. Most of all, I cherish the foundations I could lay for such research thanks to the gentle support of Professor Nörr and the efforts of the library staff.

A second loss

While musing about my fond memories I remembered another thing. Knut Wolfgang Nörr belonged to a family with three of Germany’s best lawyers, a Dreigestern (three-star). Last year Dieter Nörr (1931-2017), too, passed away. In my Munich years I worked at the Abteilung B for German and Bavarian legal history of the Leopold-Wenger-Institut für Rechtsgeschichte, but luckily I was also in touch with the department for the legal history of Classical Antiquity in its fullest extent. Dieter Nörr, his colleagues and the marvellous library for ancient law ensure that yearly many young scholars come to Munich. For me it was striking to see during the famous Roman law seminar the similarities between the two brothers, in particular his humility and humour in admitting something was too difficult for him to solve. The In Memoriam on the institute’s website says infinitely more about him.

A true professor inspires not only by his research, teaching and publications, but with his whole person, his behaviour and way of living. Knut Wolfgang Nörr set an example of questioning existent views, immersing himself in the matters at stake and charting new territories, and perhaps above all, taking interest in people and sharing his curiosity and wisdom. Even in the few times I met him these qualities were visible. The community of legal historians has lost again one of its giants. Let’s keep alive the sparkle that lived so strong in Knut Wolfgang and Dieter Nörr!

A postscript

On April 12, 2019 the Universität Tübingen held a memorial session. The three papers of this session with an introduction by Jan Schröder have been published online in the Fokus section of the journal Rechtsgeschichte – Legal History 28 (2020).