Tag Archives: Fragments

Rays of light on illuminated legal manuscripts

Flyer "The illuminated legal manuscript" (detail)

At the start of a new academic year scholarly events, too, start to occur, sometimes already again as live events, but more often as online meetings of scholars. From September 22 to 25, 2021 an online conference took place concerning The illuminated legal manuscript from the Middle Ages to the digital age. Forms, iconographies, materials, uses and cataloguing. Three institutions cooperated to organize this event, the Ius Illuminatum research team led by Maria Alessandra Bilotta (Lisbon), the Biblioteca capitolare di Vercelli and the Biblioteca capitolare di Verona. With its eight sessions and various key note lectures on different themes connected with medieval legal manuscripts and art history this conference addressed a wider audience than just art historians and specialists in legal iconography or medieval book production, and thus fit for a post here. Last week my own time schedule made it impossible for me to follow all sessions, and therefore only a number of themes will come into the spotlights here. Hopefully other participants, too, will report on this interesting event.

Focus on the Mediterranean

Surely one of the most visible aspects of this conference is the partnership for this conference between scholars and two libraries crossing national borders. The Ius Illuminatum team at the Universidade Nova de Lisboa is known for the research by Maria Alessandra Bilotta on medieval illuminated legal manuscripts created in Southern France, in particular in Toulouse. The library in Vercelli is famous for the Vercelli Mappamundi, the Vercelli Book with texts in Anglo-Saxon, and two manuscripts containing the Leges Langobardorum. The library in Verona is renown for its holdings with a number of medieval manuscripts and in particular palimpsests as unique witnesses to texts form classical Antiquity, foremost among them the Institutes of Gaius. Both libraries have also a museum. A live virtual tour of the library in Vercelli focusing on two manuscripts was a nice addition to the conference.

Let’s briefly look at the themes of the sessions. Manuscripts held in Salamanca, manuscripts from France kept in the Biblioteca Nacional de España, legal manuscripts in Salamanca and Naples were the subject of the first session centered around libraries. In the second section a number of individual case studies were grouped together. The third section focused on legal iconography. The cataloguing of (illuminated) legal manuscripts was the theme in the fourth session. The fifth session with just one contribution looked at vulgarisation of law. Medieval city statutes were presented in the sixth session. Two special sessions were devoted respectively to the materiality of illuminated legal manuscripts and to the connection of heraldry to medieval law and illuminated manuscripts. In my view bringing together these themes is already most useful to raise awareness about their interconnections and limitations.

A number of keynote lectures could theoretically be placed within a particular session, but it was perhaps right to set them apart. The lecture by Susanne Wittekind (Universität Köln) stand out for its dense information and insightful comparison of the manuscript illumination in the Codex Albedensis, a tenth-century manuscript at the Escorial with at first sight just a miscellaneous collection of texts, and the Tercer Llibre Verd, a manuscript with statutes of Barcelona, also discussed by Rose Alcoy (Universitat de Barcelona). The miscellany is in fact a well-structured manuscript showing graphically a legal and graphic order of legal and religious texts. Making comparisons and structuring your presentation were elements definitely missing in some presentations without the use of slides, as was being aware of the limited number of themes you can address within thirty minutes, and awareness of the need for structure and clear questions.

The importance of repertories and catalogues

Logo Manus OnLine, ICCU

One of the limitations for studying medieval legal illuminated manuscripts is the state of catalogues and repertories for this genre. It was therefore most welcome to hear a lecture by Gero Dolezalek (University of Aberdeen) on the current state of affairs of the Manuscripta Juridica database in Frankfurt am Main. Only a few canon law manuscripts have yet been entered in this database originally devised for manuscripts with Roman legal texts and commentaries up to 1600. Sadly it seems little progress has been made in the past few years. Illumination has not been consequently recorded. At Turin Maria Alessandra Panzanelli Fratoni is working at two interrelated projects, a new portal called IVS Commune Online, to be launched in October 2021, with an integration of data on manuscripts and early printed editions from existing online resources, and a new section of the Italian manuscript portal MANUS, called MANUSIuridica. The main strengths of these two promising projects are the thorough conceptual preparation. It is not yet clear when MANUSIuridica will become accessible. In this section Andrea Padovani (Bologna) talked about the new phase and face of the project Irnerio with digitized legal manuscripts at the Colegio di Spagna in Bologna – presented here many years ago – and Silvio Pucci (independent scholar) about the online version of the catalogue for the juridical manuscripts at the Biblioteca Comunale degli Intronati in Siena.

It is important to remember the study of medieval canon law still faces the lack of a full manuscript repertory, a paradoxical fact after the appearance of the model given by Stephan Kuttner in his Repertorium der Kanonistik 1140-1234, I, Prodromus glossarum (Città del Vaticano, 1937). Was his level simply too high to follow for others, or did it simply led to a strong and not completely justifiable focus on the classic period of medieval canon law? Luckily we have for the early Middle Ages the excellent guide by Lotte Kéry, Canonical collections of the Early Middle Ages, ca. 400-1140: A biographical guide to the manuscripts and literature (Washington, DC, 1999).

Legal iconography and heraldry

In the section for the more classic legal iconography papers were read about the illustration of the two powers at the beginning of manuscripts with the Decretum Gratiani (Gianluca del Monaco, Bologna), accompanying the very incipit Humanum genus, the iconography of last wills in some manuscripts of the Institutiones Iustiniani and the Digest (Viviane Persi, Lille), the representation of public justice in the Vidal Mayor (Rogerio Ribeiro Tostes, Evora), and the development of legal iconography in medieval Scandinavia (Stefan Drechsler, Bergen).

The very last section dealt with a subject often associated with medieval law, heraldry and the use of distinctive signs by knights and noble families, but interestingly medieval law did not set clear norms for unique claims on the use of a particular blason or sign. In 2012 I looked here at this very theme. Bartolus de Sassoferrato (1313-1357) did certainly influence later lawyers with his most often copied treatise De insignis et armis, but in particular Martin Sunnqvist (Lunds Universitet) made it refreshingly clear that his treatise does not help us to understand the rise of heraldry from the twelfth century onwards. The lecture of João Portugal (Instituto Português de Heráldica) on Early Modern heraldic rights in Portugal showed essentially how showing relation with the king was as important as having a official blason at all. Matteo Ferrari (Universit;e de Namur) took us to a painting at the Palazzo di Comune in San Gimignano with a deliberate use of heraldic arms above the text of an important ruling around 1300.

Coutumes de Toulouse, circa 1296 - Paris, BnF, ms. latin 9187, f. 1r (detail)
Coutumes de Toulouse, around 1296 – Paris, Bibliothèque nationale de France, ms. latin 9187, f. 1r (detail) – image BnF

Finally Laurent Macé (Université de Toulouse) looked at the use of earlier blasons from the former county and the counts of Toulouse in a manuscript with the Coutumes de Toulouse from the late thirteenth century (Paris, BnF, ms.latin 9187). Macé argued these blasons and other signs helped showing continuity to readers in a new period under the French crown.

The forest and the trees

Even with only a partial review of lectures and keynotes the variety of this online conference with an attendance between twenty and forty scholars cannot be doubted. For those thinking the choice of subjects is too wide or simply unfocused the contribution of Carlo Federici (Scuola di Biblioteconomia, Biblioteca Apostolica Vaticana) on the archaeology of the book served as a necessary reminder how leading palaeographers and codicologists in the second half of the twentieth century advocated an integral approach of medieval manuscripts, archival records and book production, away from a choice for studying only either texts, scripts, bindings or scriptoria.

The materiality of manuscripts matters indeed. Thus in my view Including a lecture on legal fragments kept at the Archivio di Stato di Arezzo by Maura Mordini (Università di Siena) is not a bow to what someone in 2021 jokingly called the minor industry of studying fragments. Far more often than we are willing to acknowledge we forget you deal with traces and fragments per se when studying history. So many things are irrecoverably lost forever or only seldom in front of us. Not every tiny bit is important, but there are bits and pieces pointing to larger contexts. As for projects with fragments, I try to list relevant projects, catalogues and exhibit catalogues concerning medieval fragments as part of my Glossae blog on pre-accursian glosses.

Banner Ius Illuminatum

As for the materiality of an online scholarly event, I would not recommend following the example of organizing a full program of sessions from nine to seven with only brief breaks. The quality of the internet connection forced the permanent closure of the video screens of non-speaking participants, a fact which greatly reduces the interaction. There was no virtual lobby, too. In this respect my view is surely influenced by the example of the online event at Frankfurt am Main on digital legal history in March reviewed here. Ensuring sufficient band width and creating a separate online social platform is perhaps a matter of calling upon the appropriate national institution dealing with such matters, yet another thing rightly taken into consideration by the German organizing team. The teams in LIsbon, Vercelli and Verona deserve respect for bringing together scholars from various disciplines and casting its nets wide, With this in mind you should view my remarks on things that could be better in a second similar conference which will no doubt follow soon. The rays of light on illustrations and illumination at this conference contain a promise of more to come.

Looking at fragments

The exterior of Utrecht Univrersity Library, location Utrecht Science Park

In December bloggers face the perennial challenge of the seasonal post. In my view 2020 has hardly had any regular season. The world has changed in many ways. What seemed certain has become the object of doubts, and uncertainties have come into the spotlights. I will not pretend to see things better here than anyone else. My Dutch view is no cure for everything!

Like someone standing outside Utrecht University Library you cannot look directly into what’s inside. Our visions are often fragmented, and thus it seems appropriate to look here simply at some fragments of charters and manuscripts I could recently study at the Special Collections of Utrecht University Library. Reporting from field work may not have the same status as presenting glorious final results, but it is in a way closer to tangible objects. Fragments offer a glimpse of a larger whole, and sometimes they are a kind of time capsule. Faithful readers know about my penchant to bring in here every now and then a very particular location, but this time it comes just briefly into view, perhaps only as a possible sequel in 2021.

History in fragments

Once upon a time it was clear a library contained books and an archive archival collections, but this nicely organized world seldom existed in real life. Archives can have a substantial library collection, and a research library can have important archival collections in its holdings. The history of a number of archival collections from medieval institutions and manuscripts held at Het Utrechts Archief and Utrecht University Library is a good example. Generally archival collections can be found now at the combined municipal and provincial archive, and most manuscripts are held at the university library, but some remarkable exceptions exist. Luckily Utrecht University Library created an online repertory for its archival collections. The manuscripts at Het Utrechts Archief can be found in the online library catalogue. Some of these manuscripts have been digitized.

Sometimes there is another explanation. The Wttewaal van Stoetwegen family brought the papers of the Wickenburg estate (‘t Goy, now part of Houten) into the care of Het Utrechts Archief [toegang (finding aid) 254], but other papers and charters are kept since the early twentieth century at the university library. Its inventory lacked descriptions of the charters, After a frst foray it became only natural to describe these charters as a sequel of the fruitful cooperation between both institutions in recent years, in particular for the exhibition and essay volume Perkament in stukken [Parchment in pieces] (2018).

Fragments of charters came also into view in my project which thus goes beyond the eighty charters of the Wttewaal family. A number of charter fragments had been described summarily in Latin in the manuscript catalogue [P.A. Tiele, A. Hulshof and B. Kruitwagen (eds.), Catalogus codicum manu scriptorum Bibliothecae Universitatis Rheno-Trajectinae (2 vol., Utrecht-The Hague, 1887-1909; online, UB Utrecht, vol. I and II)]. The manuscript catalogue and later additions have been integrated into the online library catalogue; a guide for special materials helps you to use the catalogue and other resources efficiently. A substantial number of fragments has been taken from the bindings they once reinforced, some of them without due reference to the host volume, others with clear references to their origin.

Other fragments can in particular be found in situ in bookbindings made for Hubert van Buchel (1513-1599), a canon of the collegiate chapter of St. Mary’s at Utrecht. In 1569 Buchel fled to Cologne. In his will he donated his books to the parish of St. James’ at Utrecht, but no doubt the church wardens must have influenced the final decision to add them to the collections of the city library founded in 1584, the nucleus of the university library founded in 1636. My project was restricted to charter fragments. Vito Santoliquido (ENNSIB, Lyon) recently looked for Fragmentarium at the entire corpus of maculature fragments in books with a Van Buchel provenance, a collection with some 1,000 relevant volumes. I dealt with just over one hundred charter fragments.

For strengthening the bindings of his books Van Buchel provided the bookbinder with parchment and paper from books which might have belonged to the chapter of St. Mary’s. He even jotted down the costs of many bindings. Few manuscripts from this collegiate chapter survive nowadays. The fragments might offer a kind of window on the books held and read by the canons of St. Mary’s at Utrecht. At Fragmentarium Vito Santoliquido gives a sketch of his research project Maculature in the Van Buchel Collection.

It is tempting to continue here with a paragraph about the aims of fragments research. In the past years it has become a discipline with a name of its own, fragmentology, and even a journal with this title, thus claiming its own distinct place next to codicology and palaeography. In the second part of this post I will look at some fragments with a clear connection to legal history. At my blog Glossae. Middeleeuwse juridische handschriften in beeld I published a few days ago a succinct account of these fragments in German, ‘Utrechter Fragmenten und Urkunden’. At Glossae you can find also an overview of projects and catalogues concerning medieval manuscript and charter fragments.

Some legal fragments

Two parts of fragment Hs. fr. 6.92 reunited

Two parts of fragment Hs. fr. 6.92 reunited – Utrecht UB, Hs fr. 6.92

Legal history is the focus in the second part of this post, but it is necessary to remember other perspectives can be equally interesting and important. I would like to start with Utrecht UB, Hs fr. 6.92, coming from a Van Buchel volume (108 O 12), not just one fragment, but two sets of cuttings, group A with ten larger and one small scrap, and group B with ten cuttings. Of course I started trying to fit the parts of group A together, but this did not work. Combining the two sets was the obvious solution, but actually they still are kept as distinct sets, with a notice on the combinations I worked out for them.

Looking at fitting underlinings and dates proved to be clues to find adjacent parts of the cuttings. Here the data helped me to find the right parts, January 13, 1528. Other parts contain information about a case concerning a house in Cologne, the question of the validity of a mandate, and a letter from the official of the archbishop of Cologne, his ecclestastical judge, to the plebanus of Bonn. Some of the acts in these cuttings have marginal annotations about an act. One of the questions around these cuttings is their nature: Are they part of a kind of trial file or are we looking at a legal consultation (consilium)? As for now I opt for the first interpretation. Apart from two dates in 1527 and 1528 the names of some lawyers appear. At least one of them, Bernhardus de Harderwijck, can be traced in the Repertorium Academicum Germanicum and the Repertorium Germanicum for papal registers at the Romana Repertoria portal (Deutsches Historisches Institut, Rome). He started his studies at Cologne in 1486 and got his doctoral degree in law in 1510, the year he also joined the tribunal of the Reichskammergericht, then at Speyer.

There is a second set with sixteen similar cuttings, Hs. fr. 6.77, from F. oct. 76, another Van Buchel volume. The year 1522 is mentioned in them, and also the word Coloniensis appears within a very similar layout and the same cursive script, which suggests they could belong to the other fragment. However, these sixteen cuttings did not fit together when I tried to repeat my actions with them.

Trial document in Utrecht 108 N 9

A fragment of a trial document bound with Utrecht 108 N 9

In the volume 108 N 9, also with a Van Buchel provenance, I saw yet another cutting which seems to stem from the document cut into pieces and now kept as fragments 6.92 and 6.77. The handwriting looks very similar, although the interlinear space here is larger. It seems safe to assume at least a datation between 1520 and 1530. It seems logical, too, to locate its origin in the German Lower Rhine region. This fragment mentions a dean and a church without any further indication of a specific location. It would be wonderful to trace yet another fragment still in situ within one of the volumes once owned by Van Buchel or among separately kept fragments, but with possibly three witnesses of the existence of a legal document the harvest is already interesting in itself. One of the immediate challenges facing me is to try to fit pairs of these cuttings into single folia. As for now for each act there are only beginnings, parts representing texts halfway and endings, a tantalizing state of affairs. It is a sobering thought other fragments need to be described first consistently, too, before starting a miniature quest to reconstruct these acts.

A canon law fragment bound with the volume E oct. 122

A canon law fragment bound with the volume E oct. 122

The third example I want to present here concerns two fragments of a lecture on canon law, bound with the Van Buchel volume E oct. 122. On one side of the fragment with two columns the words per osti. in su., “per Hostiensem in summa”, stand for Hostiensis, the nickname of Henricus de Segusio, cardinal of Ostia (around 1190/1200-1271). The first version of his summa was completed in 1250-1251, which provides us with a terminus post quem for dating this text which seems to be a lecture on the Decretales Gregorii IX. On closer inspection you can read at the top of the right column Spec. in ti., which I read as “Speculum – or Speculator – in titulo”. Guillaume Durand (Durandus) (1231-1296) finished the first version of his Speculum iudiciale around 1271, a second terminus post quem for dating the text and these fragments. Alas both columns of the original page have suffered when cut into pieces, making the number of clues for identification much smaller. The fragment bound at the front in this volume shows an allegation no. Pe. de Ve., a medieval lawyer I have not yet identified.

A story of fragments and history in fragments

Normally a scholar would probably thirst for much more information, daring hypotheses and smashing conclusions. In my view it is wiser to start just getting things right for each fragment. Creating consistent descriptions might seem straightforward, but already the fact fragments and volumes did not arrive at my desk at Special Collections in numerical order should make you pause a moment. I took photos in the order of inspection, and my notes follow the same order. It is a nice job to combine my photos correctly with the normal order of the fragments. By sheer luck I could view side by side as the very first and second Early Modern editions I consulted two volumes with in their bindings corresponding fragments of a charter referring to Hubert van Buchel himself!

In a period with restricted possibilities for research on location I feel lucky and even blessed with all efforts of my colleagues of Utrecht University Library to bring fragments, manuscripts and printed books to the reading room. I am sure I will look back at these months with Special Collections as one of the most extraordinary periods in my scholarly life. I could arrange and photograph objects using as much space as I liked, but working often alone in a reading room was a strange experience. The collection of the reading room with books about book history, manuscripts, palaeography and other relevant subjects was within immediate reach. In a year where so many people were forced to work at home, under sometimes difficult circumstances, I had the privilege of working on location, touching even historical artefacts, the very traces of past periods, sometimes susceptible to quick reconstruction, but more often just sign posts of a larger whole lost to us. Describing charters and fragments is doing fundamental research. For me doing this is among the solaces, the comforting things and rays of light in a period darkened by the pandemic which cut into our world as sharply as the scissors cutting manuscript pages into fragments.

At the very end of this project I saw a number of references to manuscript with fragments turned out to be small and medium-sized archival collections with a number of charters, not just single fragments. It would not do to hastily create descriptions of these charters, even when using Tiele’s descriptions as a starting point. They deserve equal attention as the other charters and fragments I described this year. When I noticed in one case charters and deeds referring to houses near and atthe Janskerkhof square in Utrecht I knew I could complete the circle of this year for my faithful readers! Between 1584 and 1820 the Janskerk was home first to the city library and later to Utrecht University Library. Instead of lamenting unfinished work it is better to look at the things which against all odds did succeed. I am not the only one much more conscious how vulnerable life is, and how many obstacles can hinder the completion of any project now and in the near future. Hopefully the kind of research you dream of or do normally can become (again) reality in 2021.