Tag Archives: France

Charters, cartularies and rolls

Startscreen ANR Rotulus

However fragmentary the transmission of medieval sources may be, the sheer number of charters and cartularies is still impressive. Some cartularies saving the text of charters were not made in the usual codex form of manuscripts, but as rolls. This phenomenon is the subject of the French research project ANR Rotulus at the Université de Lorraine and the accompanying blog, also called Rotulus. Looking at material evidence can help you to avoid looking at sources only as texts. In this post I will look at this project, and no doubt there are also examples of such roll cartularies or cartulary rolls outside France. One of the reasons to look at this subject now is an upcoming scholarly event in April.

A different form

The project ANR Rotulus that will run from 2019 to 2021 is an initiative of the Centre de Recherche Universitaire Lorrain d’Histoire (CRULH), based in Nancy and Metz. The project was prompted by the presence of some sixty cartularies in roll format (“cartulaires-rouleaux”) in the French database for cartularies CartulR – Répertoire des cartulaires médievaux et modernes at the Telma platform of the Institut de Recherche d’Histoire des Textes (Paris and Orleans). It was possible to add another sixty cartulary rolls to those already identified. The team of ANR Rotulus has created a very well organized bibliography on the use of rolls in medieval society. Eight years ago I wrote a post about the best known medieval use of rolls, for accounting purposes. In a post about heraldry and legal history I mentioned a number of heraldic rolls.

Logo Rotulus blog

At the Rotulus blog you can find announcement of scholarly events concerning medieval rolls. On April 3 and 4, 2020 a workshop will be held at Yale University on the theme “L’édition numérique et les manuscrits en rouleaux médiévaux” [The digital edition and manuscripts in roll form]. The workshop will deal with subjects such as the palaeography and cataloging of medieval rolls, and with the transcriptions of manuscripts and critical editions. There will be an introduction into best practices in digital editing, and the use of XML and TEI will come into view. The workshop will be hosted by the group of scholars united around the Beinecke Rare Book and Manuscript Library in the project Digital Rolls and Fragments. At the heart of this workshop will be a devotional roll written in Latin and Middle English, dated between circa 1435 and 1450 (Takamiya MS 56, digital version). Of course you can find more (digitized) rolls and scrolls at the Beinecke. You will forgive me mentioning here English Paleography and Manuscript Culture, 1500–1800 by Kathryn James, curator of Early Modern books and Manuscripts at the Beinecke Library, just published by Yale University Press. The website of ANR Rotulus mentions a meeting later this year on the theme Fonctions des cartulaires-rouleaux : approches sociales et contextuelles d’un genre documentaire [Functions of cartulary rolls: social and contextual approaches to a documentary genre], to be held at Metz on November 5-6, 2020.

A recent contribution at the Rotulus blog focuses on a cartulaire-rouleau held at the Bibliothèque Municipale of Angers from the abbey of Notre-Dame du Ronceray. This twelfth-century cartulary consists of six rolls, each of them measuring nearly six meters by 29 centimeters and containing six to eight parchment sheets (MS 844, 845, 846, 847, 848 and 848b). The library at Angers posted a somewhat longer and illustrated version of this post on its own blog. This roll cartulary is duly mentioned in the CartulR database (no. 1383), the material units have each its own description on the level called Exemplaire-tradition where it becomes clear it has the form of a roll (rouleau). The database CartulR has a useful glossary showing among other things the variety of cartularies.

On November 14 and 15, 2019 a conference was held at Angers about the diversity of cartulary rollis. Both the material side of these documents as also their place within diplomatics, the historical auxiliary science for studying charters and related resources, came into view. Among the subjects to discuss was the need for creating a special database with a repertory of cartulary rolls. The second day of this event, held at the Archives départementales de Maine-et-Loire in Angers, ended with a presentation of some roll cartularies in the holdings of this regional archive.

The team of ANR Rotulus very sensibly looks at all forms of medieval rolls in order to understand their uses and development. Why did cartulary rolls come into existence? What role could they have? Who did benefit from this particular form? Is it an exclusively ecclesiastical or monastic format? Half of the cartulary rolls repertoried untll now stems from priories. Rolls from Cistercian monks and from nuns form a distinct minority. Approaches to uses of literacy and gender history, too, will have to be invoked to interpret and understand such facts. Of course I checked CartulR for the presence of cartulary rolls. One example among the 65 results is currently held outside France. The Rijksarchief in Bruges has a roll cartulary for the collegiate chapter of Saint Sauveur in Harelbeke (CartulR, no. 5213). The team of ANR Rotulus has not yet added to CartulR the sixty cartulary rolls which they spotted.

Beyond France

Startscreen Materiale Textkulturen

It is only logical to look beyond France for the existence and role of cartulary rolls. CartulR does contain information about some Spanish and Italian cartuiaries, but for these countries no cartulary rolls are mentioned. Recently Stefan G. HolzJörg Peltzer and Maree Shirota edited the volume The Roll in England and France in the late Middle Ages (2019; available in open access), a publication included in the bibliography of ANR Rotulus. This volume is part of a book series published for the Sonderforschungsbereich at the university of Heidelberg concerning Materiale Textkulturen. At the blog of this project you can read a post about this volume (Materiale Textkulturen, Band 28) which is a product of the subproject Rollen im Dienst des Königs [Rolls in the king’s service].

Among cartulary rolls outside France those of Margam Abbey held at the National Library of Wales are easily spotted. The Discovery portal of the National Archives in Kew brings you quickly to at least seven examples in various English archives, but not at the National Archives themselves. I was a bit troubled by the fact the Gaunt Roll held at the East Sussex Record Office (GLY 1139) did not show up at first at Discovery in a simple search for cartulary roll. In the Répertoire des cartulaires d’institutions religieuses médiévales sises dans l’espace wallon actuel (Pratiques médiévales de l’écrit, Université de Namur) you can find in its 2017 overview three examples kept in Tournai. It is tempting to add more examples to this post, but I am confident the interest of some of my readers will be kindled enough to find out more about this remarkable resource type.

An addition

At Archivalia Klaus Graf noted I could have mentioned examples of cartulary rolls from Germany. You could indeed start searching at Archivportal-D with terms such as KopialbuchKopiar and Rotul or Rotulus. Searching with the terms Urkunden and Rotul* brings substantial results.

The situation around COVID-19 led to the posponement of the meeting in November 2020. The new date and program is announced by ANR Rotulus in Metz, March 25-26, 2021: Fonctions des cartulaires-rouleaux : approches sociales et contextuelles d’un genre documentaire.

You might want to look at rolls and other forms of reading in roll form in other periods and settings. The online book of Jack Hacknell, Continuous Page: Scrolls and Scrolling from Papyrus to Hypertext (The Courtauld Institute of Art, 2020) contains twelve chapters on very different subjects connected with continuous reading.

Tracing the records of medieval synods

Header blog Corpus Synodalium

For the second year on row I would like to depart from my tradition of opening the new year with a post on Roman law. The Roman empire and its law will receive due attention this year, too, but 2020 is a year with a quadriennial International Congress of Medieval Canon Law in St. Louis, Missouri, and therefore medieval canon law shall figure in my first post. I found out about the project Corpus Synodalium: Local Ecclesiastical Legislation in Medieval Europe / Législations ecclésiastiques locales dans l’Europe médiévale thanks to the accompanying blog, also called Corpus synodalium. Let’s have a look at this project which charts literally vast stretches of medieval Europe.

A database and a blog

The international community of scholars in the field of medieval canon law is not very large. In it lawyers, historians and theologians work together, contributing from each discipline the necessary methods, approaches and knowledge needed to study this field successfully. For some people an American project with a title in Latin and a French subtitle may perhaps look a bit eccentric, but it is typical for this interdisciplinary field. There are several blogs at the international Hypotheses network with a Latin name and a subtitle in another language.

Banner Corpus Synodalium

The project Corpus synodalium is at home at Stanford University. Its aim is to trace the records of local ecclesiastical legislation from medieval Europe between approximately 1215, the year of the important Fourth Lateran Council, and 1400, and to create a repertory with the texts of diocesan statutes and the records of provincial synods. The project description points to the large number of relevant texts, some two thousand, and their scattered presence in archives and libraries. This situation has contributed to a relative neglect of this resource type for the study of the medieval church and medieval canon law. Rowan Dorin (Stanford University) leads the project. Among the members of the advisory committee are Abigail Firey and Charles Donahue. Behind the name of Charles Caspers only his institute has been mentioned, the Titus Brandsma Instituut, a center created by the Radboud Universiteit Nijmegen and the Dutch province of the Carmelite order for the study of mysticism and spirituality.

The database of the Corpus synodalium is accompanied by further documentation, You can find here information about the progress of the project and also about the use of Philologic4, a well-known tool for text analysis and retrieval created at the ARTFL center of the University of Chicago. There is an explanation about the database fields and a set of guidelines for the transcription and editing of sources. The bibliography (PDF) contains information about the printed and handwritten sources used for this project. The list of further resources may contain only the great sources of medieval canon law from Gratian onwards, but the team provided links to digital versions of them. I had not yet spotted the digital version of the Decretum Gratiani, the Liber Extra (Decretales Gregorii IX), and the Liber Sextus of pope Boniface VIII at the website of the Scholastic Commentaries and Texts Archive (STCA); other collections and commentaries are already announced, but they are not yet present. The overview of texts already made available at SCTA is impressive. There are sections for canon law, statutes in canon law and civil law, meaning Roman law; the latter section of STCA is still under development.

As for the database of Corpus synodalium you can approach it in three ways, as a proper database, both in the original version and a normalized version, accessible after registration with Rowan Dorin, and as an online spreadsheet (viewing only, last update May 2019; 7,2 MB). Even a look at this spreadsheet is already interesting. The information has been put into thirty fields. It is possible to query for dioceses, church provinces and countries, the year of creation, the ecclesiastical authority involved – sometimes papal legates – and their regnal years. Critical editions are indicated and in their absence information about manuscripts. Aspects such as language or fragmentary tradition can be researched, too. When possible the digital presence of editions and sources has been recorded, and also the status of each entry.

Results screen database Corpus Synodalium

The results screen of the Corpus Synodalium database

The database opens with a screen offering two ways of browsing the contents, on the left using the names of the locations and on the right a choice from five centuries, 1100 until 1600. As an example of a diocese I choose here Tournai (Doornik). Two results appear on the left. On the right a block comes into view with several filters you may want to use. In the top right corner above the box with the filters is a tiny button Map All Results which leads you to the map; this button will be made more visible. You can also use another button in the top right corner to export the records ID’s you have found.

Example metadata in the Corpus Synodalium

When you click on a search result you can check either the metadata or go to the text edition. In the menu bar below the title of the database you have not only a general search field, but also four distinct search options: the concordance, a representation of search results as keywords in context (KWIC), collocation for establishing connections between particular terms, and the time series option for showing occurrences over time. In the dark grey bar are clickable areas enabling you to go to the project homepage, the user guide, to a feedback form and to Philologic4. With the button Show search options you open an advanced search mode. You can even tune your search to include approximate results, and sort results in the order you deem useful.

The subtitle of the project may lead you to infer only statutes and synods from France have been included, but the corpus does contain information on all regions of medieval Europe, including the British isles. Texts from 1181 to 1495 have been included. Before you jump into doing statistical work it is good to note that for some three hundred items the date has been entered between brackets, but they can be viewed in chronological order. For this particular reason only it is sensible the team put in additional field concerning the date and time of texts.

In order to get access to the database I contacted Rowan Dorin who provided me with the necessary information. He urges users to look first at the latest progress report (PDF) and look at the information provided about the project before entering the database and returning too quickly with the impression some things are still missing. The report (April 2019) makes clear the database will eventually contain nearly 2,200 texts. Nearly 1,300 texts have now been transcribed and fed into the database. Some 300 texts have never before been published.

With the report firmly in my mind I start looking for texts in the database stemming from the Low Countries. After all, in 2020 you remain entitled to my Dutch view! I checked for documents concerning the medieval diocese Utrecht. There are twenty texts mentioned for Utrecht between 1291 and 1355, all edited by J.G.Ch. Joosting and S. Muller Hzn. in the fifth volume of their source edition Bronnen voor de geschiedenis der kerkelijke rechtspraak in het bisdom Utrecht in de middeleeuwen (8 vols., ‘s Gravenhage 1906-1924). Alas there is no online version of the complete set. The Dutch Royal Library has digitized only three volumes of the set at the Delpher platform, luckily for this post apart from the volumes 2 and 6 also volume 5. In this case there is probably also a copyright problem for the newer volumes.

However that may be, I could check this edition quickly. I noticed the synodal statutes of bishop Dirk van Are, issued in 1209 and reissued by bishop Wilbrand van Oldenburg in 1236 (vol. V, pp. 48-53) have not made it yet into the spreadsheet and the database. These statutes had been published already by the near namesake of Samuel Muller Hzn. (1852-1915), his nephew Samuel Muller Fzn. (1848-1922), son of the famous book dealer and collector of engravings and pamphlets Frederik Muller, in Het oudste cartularium van het Sticht Utrecht (The Hague 1892) 172-178. The team at Stanford adds for two statutes from Utrecht information about a much older edition, the Concilia Germaniae edited by Johann Friedrich Schannat and Joseph Hartzheim (11 vol., Cologne 1759-1790). For the synod in the archdiocese Cologne held in 1332 by Heinrich von Virneburg not only the edition by Joosting and Muller is noted (V, pp. 1-43), but also those in the Concilia Germaniae IV, 282-285 and by Mansi, vol. XXV, cols. 723-726. Seventeen statutes have been connected with this archbishop, and the information about their manuscript tradition, (partial) editions and relevant literature mentioning them is excellent.

Looking beyond the database

Of course the Corpus synodalium is not a creation ex nihilo. There is a steady flow of studies and editions. Twenty-five years ago Joseph Avril wrote his most valuable article ‘Les décisions des conciles et synodes’ for the volume Identifier sources et citations, Jacques Berlioz et alii (eds.) (Turnhout 1994) 177-189. At the university of Bonn you can find the Bibliographia Synodalis Iuris Antiqui (BISA) with both a German and an English interface. The repertory for relevant sources from France exists already for a half a century, Répertoire des statuts synodaux des diocèses de l’ancienne France du XIIIe à la fin du XVIIIe siècle, André Artonne, Louis Guizard and Odette Pontal (eds.) (Paris 1969). Odette Pontal contributed the volume Les statuts synodaux for the Typologie des sources du Moyen Âge occidental (Turnhout 1975). Avril and Pontal edited numerous French synodal statutes. The bibliography of Jakub Sawicki appeared even earlier [Bibliographia synodorum particalarium (Città del Vaticano 1967)]. These works are just a few examples of repertories, studies and editions.

Let’s not forget to look at the blog of this project! The category cartographie of the blog enables you to follow the progress of the integrated digital map of medieval ecclesiastical jurisdictions using the ArcGIS system, more specifically for church provinces and dioceses. It took me some time to spot in the database the tiny button which opens the map. If you insist in having a preview of the map you can open it also separately, but currently only the black-and-white version is working. The changes in the boundaries of dioceses and church provinces will also eventually become visible. The posts do not tell which product of the ArcGIS product line is used. The reason behind the somewhat hidden place of the map is a clear wish to create publicity only when the map and the database come close to perfection. The blog informs you about the regular international workshops around the project held since 2018. It tells you also how Rowan Dorin started in 2011 to create the overview of relevant sources for the Corpus synodalium. He intends to launch the project officially in June 2020.

A preview of things to come

After using the database for several days it is time to write about my first impressions. Even though what I saw is really a preview of things to come, I can only applaud the efforts of Rowan Dorin and his team. I would have been happy with having only an online repertory of resources for studying diocesan statutes and provincial synods, but here you get also access to the texts themselves of these resources. The Philologic4 database enables you to study these texts in other ways than you would do when using a printed edition. The European scale of the Corpus synodalium is most welcome. The visualization of results on an online map invites you to make comparisons outside the corner of Europe you happen to be studying.

Of course the database has not yet been completed. The navigation and the visibility of some buttons and search fields certainly can and will change. The user guide will in later editions include guidance for navigating the database. The map does not yet show all its qualities and even adjustable colors, but it will become an example of mapping medieval data on a scalable online map. Dorin is even considering the option of bringing in directly the major texts of the Corpus Iuris Canonici, too, for further enhancing the research possibilities of this project. As for now, it is wise to keep in mind some elements may appear to be incorrect or in need of adjustment in their current state, but you should not hesitate to send your comments and corrections to the team at Stanford which deserves the gratitude of legal historians, of medievalists in general and in particular of all those studying the history of medieval canon law.

Clairvaux, a monastery and a prison

Screen shot "The monastery and the prison"

Every now and then you across projects which attract immediately your curiosity. In Autumn 2018 the blog L’agenda du médiéviste alerted to an online documentary with the title Le cloître et le prison. Les espaces de l’enfermement, “The monastery and the prison. Places of confinement”. The website of this project was launched on September 26, 2018. The documentary is the fruit of the Enfermements project in which several French institutions work together. Not only the abbey of Clairvaux did function as a prison, other locations have a similar history. In this post I will look both at the documentary and the project website.

Between walls

The medieval abbey of Clairvaux occupies a special place in the Enfermements project. The abbey was founded in 1115. In 1808 it became a prison which functioned until 1971. The official closure is announced for 2022. 900 years of Clairvaux’s history were celebrated in 2015. The medieval manuscripts of Clairvaux are held at the Bibliothèque municipale de Troyes and can be viewed online. Alas the special portal Bibliothèque virtuelle de l ‘abbaye de Clairvaux for these manuscripts does not function currently. You can find the medieval cartularies of Clairvaux using CartulR, a resource of the IRHT/CNRS. Archival records of this abbey are also held in Troyes by the Archives départementales de l’Aube. Among its digitized collections the AD de l’Aube presents fifteen late medieval registres de l’officialité de Troyes, registers of the official, the ecclesiastical judge of the bishop.

The website of Le cloître et le prison has six main sections. The Avant-propos explains the goals and background. The glossaire is a glossary with not just terms from the monastic and incarcerated life in France. Even the Rasphuis and Spinhuis in Amsterdam are mentioned. You had best navigate this glossary using the icon on the rather small top bar of your screen. A chronology of Clairvaux helps you to see developments in their succession. In the bibliography you will find information about archival documents and images, printed sources and scholarly publications.

Screenprint of Le cloître et le prison with a part of the chronology fo the 19th century

The section with videos, Visite vidéo, takes most space in the exhibition, and equally in the helpful sitemap. Jean-François Leroux, already forty years president of the association to save the cultural heritage of Clairvaux, acts as a guide in the videos. There is no question about the quality of his calm explanations, but sometimes he seems somewhat tired, but in comparison with other more enthusiastic reporters this might well be a pleasant change. At a number of turns the team of this portal does not hesitate to use materials from other prisons, even from outside France.

The tour of the premises starts with the location nowadays called Le Petit Clairvaux, the site of the first monastery, sometimes nicknamed by medievalists Clairvaux I. The nine following sections deal with the main site, starting with the cloister walls. For each items a short motto has been chosen, often with verbs opposing each other. For the eight section, Quartier punitive, the verbs Surveiller – punir, survey and punish, are a choice clearly referring to the study by Michel Foucault. Apart from the videos each section has an accompanying text, photos and at least one archival document. There are also some interviews with experts of the team. The navigation of the website is stylish, with a key and lock for the main menu, and in the video section a quill pen to go to the menu with the ten sections of Clairvaux. It was possible to follow the preparations for project at Twitter (@enfermements), but it has been very quiet after August 2018.

If you look at the screen print of the chronology you can gather already two elements from the long history of Clairvaux, the ongoing construction, demolition and reconstruction of the buildings and its place in French history. The chronology mentions under the year 1834 the incarceration of political prisoners, but with examples from the late nineteenth century, Auguste Blanqui between 1872 and 1879, the anarchist Peter Kropotkin in the years 1883-1886, and even Philip of Orléans in 1890, albeit in his case lodged away from other prisoners.

In this virtual exhibit the most interesting element, the comparison of monasteries and prisons, is the central element. I feel hard pressed to focus here on one particular aspect. It is exactly the variety of aspects which is brought here into view. When you remember the title of the study by Uwe Kai Jacobs, Die Regula Benedicti als Rechtsbuch: Eine rechtshistorische und rechtstheologische Untersuchung [The Rule of St. Benedict as a book of law. A study in legal history and legal theology] (Cologne, etc., 1987) it is less surprising to look at monks and nuns as persons living under a strict regime with punishments for transgressions on premises clearly designed to make such things possible. You might want to read also the study by Elisabeth Lusset, Crime, châtiment et grâce dans les monastères au Moyen Âge (Turnhout 2017). The strength of the virtual exhibit is the combination of videos showing the present locations at Clairvaux with explanations about both periods as an abbey and as a prison and proper use of historical document and images. The intuition that places with a common dining room or canteen are an institution or a company is not new!

Looking behind and beyond walls

The abbey of Clairvaux is not the only famous building in France which at a certain point was turned into a prison. In Paris the Conciergerie first was a palace, the Palais de la Cité which for centuries housed the Parlement de Paris, with only a number of prison cells. During the French Revolution it became a full-scale prison. The abbey of Port-Royal in Paris served as a prison between 1790 and 1795. Between 1793 and 1863 the abbey at the Mont-Saint Michel was home to a prison. The abbey of Notre-Dame de Fontevraud, once the royal abbey of the Plantagenets, was used as a prison between 1812 and 1963. You might try to find more examples at the website of the Centre des Monuments nationaux, but somehow the search function did not work correctly.

At this point one should by all means invoke the various services of the bilingual Criminocorpus platform (CNRS), strangely absent in the production of this audiovisual project. At this portal you can read both as a PDF and in a browsable version the Guide des archives judiciaires et pénitentaires en France (1800-1958) by Jean-Luc Farcy. He puts these monasteries converted into prisons in a group of prisons for those having to serve long terms, typically in old castles, fortresses and some abbeys. Clairvaux served in this quality for several French départements. Criminocorpus has virtual exhibits on Fontevraud and on Paris prisons after the fall of the Bastille.

It is really interesting to explore this virtual exhibit around the abbey of Clairvaux. The partnership of organizations for cultural heritage, archival institutions, research groups and communication design offices succeeds in telling an intricate history in a way earlier generations would not have thought feasible or sensible. Let Le cloître et le prison be one of your guides to the wealth of stories about this famous monument!

Medieval manuscripts from France and England united

Banner France-Angleterre 700-1200

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

Manuscripts in two cities

Logo The Polonsky Foundation

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

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

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

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

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

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

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

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

A rapid tour

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

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

A postcript

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

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

A twin approach to the inquisition in the medieval Languedoc

Startscreen project Doat 21-24, University of YorkWhen you mention medieval law some themes will inevitably come up, such as the ordeal and torture. A third theme, the inquisition, is only with great difficulty lifted from its eternal shadow of contempt and utter rejection. One form of inquisition has attracted attention from both scholars and the general public, the medieval inquisition in Southern France, more precisely in the Languedoc. On previous occasions I discussed here a seventeenth-century edition of a medieval manuscript held at the British Library and a medieval register held at Toulouse which can now both be consulted online. In this post yet another representation of this manuscript will come into view, and I will look in particular at a project in York which focuses on a number of seventeenth-century transcriptions of medieval manuscripts and archival records.

Manuscripts, registers and editions

Inquisition register, 1245 - Toulouse, BM, 209, f. 2r (detail)

Inquisition register, 1245 – Toulouse, BM, ms. 609, f. 2r (detail) – image: BVMM (IRHT/CNRS), https://bvmm.irht.cnrs.fr

The project The Genesis of Inquisition Procedures and the Truth-Claims of Inquisition Records: The Inquisition Registers of Languedoc, 1235-1244 in York led by Peter Biller started in 2014 and will run until 2019. Dealing with the medieval inquisition in the Languedoc is a vast territory, but the focus on a single decade is surprising, no doubt dictated by the resources the team at York wants to use. The manuscript at the center of an earlier post, Toulouse, Bibliothèque Municipale, ms. 609, contains depositions from two years, 1245-1246. Jean Duvernoy provides a complete transcription of Touluse BM 609 at his website. In my 2011 post I had to report severe shortcomings in the quality of the digital version provided by this library, but in its appearance within the Bibliothèque virtuelles des manuscrits médiévaux (IRHT) the register is now displayed in its full glory. You can enlarge the images which show perfectly sharp photographs, waiting to be deciphered by anyone. My second post was a report on my search for a digital version of the Early Modern edition of the famous inquisitorial register kept by Bernard Gui published by Philippus van Limborch in his Historia inquisitionis (Amsterdam 1692). Van Limborch edited the texts in a manuscript now held at the British Library, Add. 4697, edited by Annette Pales-Gobilliard in Le livre des sentences de l’inquisiteur Bernard Gui, 1308-1323 (2 vol., Paris 2002). In that earlier post I tried also to provide a starting point for online research concerning the inquisition in the medieval Languedoc.

The project of Jean Colbert and Jean de Doat

The project at York focuses on four manuscripts in the Doat collection held at the Bibliothèque nationale de France (BnF). Jean de Doat (around 1600-1683) served as the president of the chambre des comptes in Navarre. In 1663 the French minister Jean Colbert charged Doat with an expedition to create transcriptions of historical records in southern France. A century ago Henri Omont published an article with an edition of some documents about Doat’s project which made him travel for five years in southern France to numerous archives, monasteries and other locations [‘La collection Doat à la Bibliothèque nationale. Documents sur les recherches de Doat dans les archives du sud-ouest de la France de 1663 à 1670’, Bibliothèque de l’École des Chartes 77 (1916) 286-336; online, Persée]. The clerks transcribing the archival records wrote in a large, fluent and very legible script. Tables of contents help those wanting to use the transcriptions. During the French Revolution many archives and libraries in Southern France were destroyed or suffered heavy losses, thus making Doat’s results more important. The scale of Doat’s project may seem large, but in comparison to the contemporary work of the Benedictine congregation of St. Maur his expedition it seems definitely smaller. Some 200 manuscripts of the Mauristes held at the BnF have been digitized.

You will find descriptions of the 258 surviving Doat manuscripts concerning the Languedoc in the online database Archives et manuscrits of the BnF. At the website Catharisme you can download a useful compilation of the pages concerning these manuscripts (PDF) taken from the manuscript catalogue. Alas the title page of the early twentieth-century publication has not been included, and a page with bibliographical references (p. xiiii) has also been omitted. It took me some time to trace Doat’s manuscripts. They have been placed under Département des manuscrits, Provinces françaises, Languedoc Doat. The notices in the incomplete PDF were taken from Philippe Lauer, Bibliothèque nationale. Collections manuscrits sur l’histoire des province de France. Inventaire, vol. I: Bourgogne-Lorraine (Paris 1905; online, Gallica), with descriptions of Doat’s manucripts on pp. 156-192. A modern article about the Collection Doat is Laurent Albaret, ‘La collection Doat, une collection moderne, témoignage de l’histoire religieuse méridionale des XIIIe et XIVe siècles’, in: Historiens modernes et Moyen Âge méridional (Toulouse 2014; Cahiers de Fanjeaux, 49) 57-93.

Doat 24, f. 7v-8r

Paris, BnF, Languedoc Doat 24, f. 7v-8r – image: Gallica

By now you will have noticed the fact that the project at York deals with manuscripts containing transcriptions of registers, in themselves archival records. Doat’s transcriptions were originally destinated for the library of Colbert which entered the French royal library in 1732. Biller and his team have chosen as resources the manuscripts BnF, Languedoc Doat, nos. 21 to 24 (Lauer I, p. 160). The online manuscript catalogue of the BnF takes you not only to digital versions of these manuscripts in Gallica – alas only for Doat 21 and Doat 24 of the four registers in the York project – but also to digitized bibliographical fiches concerning them. Jean Duvernoy has made transcriptions of (parts of) several Doat manuscripts, for example for Doat 22 (f. 1-106, Bernard de Caux, 1243-1246). A number of Duvernoy’s transcriptions can be downloaded as PDF’s. On the Catharisme website you can find transcriptions and French translations of Doat 23 by Ruben Sartori. Biller introduces the core of the registers Doat 21-24, the work of a Dominican friar called Ferrier about whom there is not much information, apart from his functions and his Catalan origin. Duvernoy notes the exact folios (Doat 22, f. 108-296, Doat 23, and Doat 24, f. 1-257). The preponderance of depositions by aristocratic people is most remarkable and leads to the hypothesis of a missing register with other depositions, maybe some 700 complementing the 85 depositions present in Doat 21 to 24. Ferrier has been credited with writing a manual for inquisitors, edited long ago by Adolphe Tardif, ‘Document pour l’histoire du processus per inquisitionem et de l’ínquisitio heretice pravitatis‘, Nouvelle revue historique du droit français et étranger 7 (1883) 669-678, available online at Gallica, taken from a manuscript referred to as Barcelona, Bibliothèque de l’université, no. 53.

The team at York will first of all prepare an edition of the four Doat registers with English translations, but other questions will be addressed, too. There is a tendency in modern scholarship to see medieval heresy to a substantial extent as a construction of people in the medieval Catholic church. In this view the depositions are the very point where medieval people and views on heresy and church come together. The role of inquisitors, their background and the historical context need to be studied in all necessary detail to test this powerful hypothesis about the creation of heresy as a concept aimed at prosecution. In view of the lack of modern editions of texts and archival records concerning medieval law in general, and more particular for resources concerning medieval canon law and forms of medieval inquisition, it is understandable to work first on critical editions. Among the features of the project website is the Literary Supplement with announcements of new publications, in the texts section translations of some legal consultations and a number of interrogations from Toulouse BM 609, and a bibliography, mainly of translations in English and French. Biller mentions the role of seventeenth-century historiography in religious history, not only for the mainstream Church but also for other possibly dissenting movements.

Peter Biller is one of the contributors to the volume Cathars in question, Antonio Sennis (ed.) (York 2016). In fact Biller wrote the final contribution, ‘Goodbye to Catharism?’ (pp. 274-312). In this volume Mark Gregory Pegg makes a case to dismiss the phenomenon of Cathars and Catharism as a misguided concept propelled by the field of Religionsgeschichte [‘The paradigm of Catharism, or the historian’s illusion’, pp. 21-52]. I alluded already to the work of R.I. (Bob) Moore who views the combats of the Church against heresy in a very different light than those tracing the history of the Cathars. Cultural anthropology, the histoire des mentalités and church historians have worked in certain directions which have not always been fruitful. It is far from me to pronounce here quickly any judgment on an ongoing discussion, but I would certainly point to medieval canon law as one of the matters to be taken seriously by medievalists and other historians wanting to study the Languedoc between 1000 and 1350.

Those waiting for the edition of Doat 21-24 by Peter Biller and his team can get an idea of the work to be done by looking at the two volumes L’herètica pravitat a la Corona d’Aragó: documents sobre càtars, valdesos i altres heretges (1155-1324) edited for the Fundació Noguera by Sergi Grau Torras, Eduard Bega Salomó and Stefano M. Cingolani (2 vol., Barcelona 2015), accessible online as PDF’s (vol. I and II). The book gives a succinct introduction to the sources edited. The team edited a number of items preserved in the Doat registers. The editors provided also a useful basic bibliography. The Fundació Noguera has created PDF versions of a lot of its recent publications which include editions of medieval sources, for example in the series Diplomatarios. A turn in the direction of the Iberian peninsula in a period during which the influence of the kingdom of Aragon was a major factor in southern France is not amiss.

Long awaited

Banner "The Great Inquisition"

I was happy to discover not only the project at York and the splendid new digital version of the register at Toulouse, but also a database created by Jean-Paul Rehr with his edition of some depositions in the register. Rehr’s pilot edition is the result of a student project for the international project Digital Editing of Medieval Manuscripts (DEMM). Rehr uses the possibility to navigate easily to particular places and people. When unexpectedly visiting the site of this project I looked immediately for editions touching upon legal history. A second project at DEMM related to the medieval inquisition concerns an edition of a fifteenth-century treatise Signa hereticorum from Bohemia, edited by Teresa Kolmacková. A third project by Hugo Fradin looks at the Judicium Veritatis, an allegorical representation of virtues searching truth and a theatrical play, both set around pope Clemens VII. The use of digital tools and various ways of representations with source images and an edition are the core of the DEMM project. Digital tools have not appeared until now in the York Doat 21-24 project.

BAV, ms. Vat. lat. 4030, f. 1r

Città del Vaticano, BAV, ms. Vat. lat. 4030, f. 1r – image: Biblioteca Apostolica Vaticana, http://digi.vatlib.it

While finishing this post I could not help thinking of yet another famous source for the history of the medieval inquisition, the register compiled by bishop Jacques Fournier, Bernard Gui and others concerning the interrogations of Cathars in the Foix region between 1318 and 1325. Jean Duvernoy’s edition in three volumes (1965) and his 1978 translation have been used by many scholars, but there were some justifiable doubts about the quality of his edition, most outspoken by A. Dondaine [‘Le registre d’Inquisition de Jacques Fournier. A propos d’une édition récente’, Revue de l’Histoire des Religions 178/1 (1970) 49-56; online, Persée]. As a part of the digitization project at the Biblioteca Apostolica Vaticana the manuscript Vat. lat. 4030 has been accessible online since February 2017. Jean-Baptiste Piggin mentioned it on his blog in a post in his famous series on newly digitized manuscripts in the Vatican Library as an item reproduced in low quality. However, in 2018 there is a colour version, with a thin and at some points irritating watermark. Maybe the British Library will one day create a digital version of Add. 4697, and add it to its wonderful collection of digitized manuscripts!

Among the things to note in this post is first of all the role of earlier scholars starting already in the seventeenth century. I wanted to underline also the coexistence today of access to classical editions, old and modern transcriptions, and archival and manuscript resources, often accessible online. We could see here registers which classify clearly as archival records nevertheless already for centuries in the holdings of libraries. Another thing to note is how seemingly new views might be not so new after all, but only not yet received in particular circles, schools of thought and even speakers of a different language. A world in itself is at stake in the records concerning the inquisitions. In this case they stem from a particular region in a restricted period, which should not make us jump to quick generalisations about medieval Europe. The interrogations by inquisitors give us stories, but even with growing knowledge about their questions the words remain to be interpreted with utmost care and attention, and with a command of skills which in many cases only teams and scholars from several disciplines can bring together.

A postscript

Jean-Paul Rehr kindly alerted me to the new website De heresi which will eventually present the content of Doat 21-24 with a focus on persons and places. At the start of 2019 he announced the inclusion of the more than 700 depositions in Toulouse BM 609, both in Latin and in an English translation.

Comparing law professors of the past

Sometimes I feel the sad duty here to write about recently deceased legal historians. In a brief post you will read foremost about the person, but much less about his background, the places where he worked as a judge, a law professor or in other professions. Today I would like to look here at some projects which bring many law professors of the past together. I will focus on a French and a Spanish project, though projects from other countries will not completely be overlooked. In some cases I will look at individual professors, too.

I was alerted to both projects thanks to a blog that started in March 2018, The Making of Legal Knowledge, a international blog with a French and Italian subtitle on legal history and its historiography.

Looking at generations in France

Screen print SIPROJURIS

The first project in this post is already a few years active, but I spotted the second one only recently. Let’s start in France with the database of SIPROJURIS, an acronym for “Système d’information des professeurs de droit (1804-1950)”, an information system on law professors between 1804 and 1950. Siprojuris is a project of Catherine Fillon (Université Saint-Étienne) with the support of Jean-Louis Halpérin (École Normale Supérieure, Paris) and Frédéric Audren (CNRS). Many other French scholars contribute to this project. The database can be approached in three ways, by looking at the professors (enseignants), at their institutions (établissements) and at the disciplines they taught (enseignements). The corner called Statuts provides welcome information on the legal and educational position of French law professors from the nineteenth to the mid-twentieth century, and thus you can find out about the differences between a chargé de cours, a chargé de conférences, a professeur suppléant, a professeur titulaire sans chaire and of course those with the fullest possible positions. There are even a few paragraphs about the rank of law professors during the Ancien Régime. The page Sources dépouillées (Sources used) looks at the kind of sources used to compile the database. Information in the Quidam database of the Archives nationales de France has been corrected whenever necessary. It is important to note that a number of dossiers kept at Fontainebleau is since 2014 not accessible.

The Spirojuris database sets 1804 as its terminus post quem, but when a person did teach already before 1804 you will find also information about this earlier period. Jean-François Berthelot (1744-1814) taught for example already in Paris since 1779. Thus this database helps you to gain insight in personal continuity between the Ancien Régime and the nineteenth century. Information about persons has been divided on seven tabs, for external life dates (élements biographiques), training and qualifications (Formation et diplômes), university career, scientific production and information on family matters. bibliographical information and an interactive map. The length of the bibliographical section with an overview of publications differs widely in length and substance.

The heading Enseignements has a few surprises in stock. First of all the number of distinct subjects taught at French law faculties is striking, more than 200. The well-known diversity of subjects in modern law schools is not a new thing. The tradition of major and minor legal subjects is another factor which explains this high number, and this division explains to a certain extent also the different kind of chairs and charges. By clicking on a discipline you get an overview which you can sort by start and end date. You can also search for a particular discipline and filter for a particular period.

Among the qualities of Spirojuris is the fact it enables you to look beyond professors teaching in Paris. You can see much better the differences between Paris, its central place in France and its relations with other towns and regions. The inclusion of the law faculty at Algiers – from 1907 – onwards is another asset. Sadly on the days I looked at Spirojuris the section on law faculties and other institutions did not work.

The Spirojuris project is connected to the Héloïse network for digital academic history, an European platform for similar projects. Their website gives an overview of relevant repositories and databases.

While writing about Spirojuris I remembered two virtual exhibitions about French nineteenth-century lawyers. You can find these exhibitions on the special page for virtual exhibitions of my legal history portal Rechtshistorie. The Special Collections of the University of Missouri have created a small online exhibit on the Life of Geofroi Jacques Flach (1846-1919). Flach was born in Strasbourg. During the Franco-Prussian War of 1870 the German army captured his native town. Flach decided to go to Paris. He became a specialist in the field of comparative law, but he also studied a wide variety of subjects in legal history. In 1920 6,000 books from his library were acquired by the University of Missouri. The second virtual exhibition, Paul Viollet (1840-1914): “Un grand savant assoiffé de justice”, Université Paris-I, is much more elaborate. It tells the story of an archivist who became the librarian of the law faculty at Paris. He led the construction of a new law library, and he became also a law professor. It is no coincidence that he was interested in legal history, publishing a number of manuals on French legal history. Viollet was not afraid to take a stand in contemporary debates. He defended the rights of indigenous people at a time this was not at all fashionable.

Teaching law in Spain

Header Diciconario de catedráticos

The second project in this post is duly noted at the Héloïse platform. For Spain the Universidad Carlos III in Madrid is home to the Diccionario de catedráticos españoles de Derecho (1847-1943). Scholars from twelve Spanish universities helped to create this online dictionary; you can find under Miembros information about them and a list of the entries they contributed. The rather special time period, 1847 to 1943, has its own explanation. In 1847 the first ranking of catedráticos (professorships) was established, and in 1943 the regime of general Franco issued the Ley de Ordenación Universitaria which led to the expulsion of some seventy law professors, here found under the heading Depurados. The methods followed for creating this biographical dictionary and the main sources used are explained under Metodologia. You can easily go to the lists of professors for sixteen universities.

The overview of subjects (Materias) shows fifteen main subjects, but for example for Historia del derecho, legal history, you will find also the specific names of variant titles and adjacent subjects. Among the subjects I saw Oratoria forense, “legal rhetorics”. Perhaps French students did not need lessons to speak eloquently, or is there indeed a connection with views about the rational and scientific against a more theatrical way to present facts? Apart from the expelled professors there is also a section on professors who went into exile (Exilio) at other moments and for other reasons.

The main difference between the French and the Spanish project is the fact that Spirojuris has a searchable database. Of course the pages for a particular professor have great similarities. Instead of tabs for different aspects the Spanish website has made anchors enabling you to jump immediately to the things you want to know. For many professors the Spanish project provides also a portrait photo. The Spanish project is far more detailed than its French counterpart. The French project clearly aims at providing information with a standard format, something surely necessary when you want to create an effective database. The section Documentación gives a chronological list of recent publications around the project or concerning a particular law faculty, a scholarly field or a school of thought and its impact.

Beyond France and Spain

The overview of resources at the Héloïse platform is the natural place to start when you look for other projects with similar aims for other countries. In the overview at Héloïse  the Repertorium Academicum Germanicum (RAG) for graduated scholars in the Holy Roman Empire between 1250 and 1550 comes closest to the two projects discussed here above, but this resource offers you not only professors, let alone only law professors. The links section of the RAG is rich and varied, but it does not contain something akin to Spirojuris and the Diccionario. For France you will certainly want to know about the databases in the Pool Corpus of the Institut Nationale Universitaire Jean-François Champollion, but the university databases deal either with individual universities (Paris, Caen, Toulouse) or with foreign students in Early Modern France.

A few years ago I looked here in other posts at legal portraits, at medieval prosopography and at medieval tombstones. I hoped to find something among the links in these posts, but alas they do not bring me further for today’s subject. I thought there was a similar resource for Belgium at the Belgian Digithemis platform, but you will find there a database for Belgian magistrates. The links section of Digithemis brought me to another French project, also concerning magistrates, the Annuaire rétrospectif de la magistrature, XIXe-XXe siècles (Jean-Claude Farcy and Rosine Fry, Université de Bourgogne),

For Italy I checked the links section of the Centro interuniversitario per la storia della Università italiane (CISUI, Bologna), but you will find apart from a project on the arts and medicine faculties and a project for medieval Siena and Perugia only projects for individual universities. CISUI strangely does not mention the bilingual project at Bologna with the colourful title Amore scientiae facti sunt exules (ASFE), “Love for science made them exiles”, with databases giving for the Early Modern period the names of students at Bologna (Onomasticon Studii Bononiensis), for all Italian universities doctoral degrees conferred (Italici Doctores), and Iter Italicum, the presence of foreign students at Italian universities between 1500 and 1800.

However, there is one resource for German-speaking countries indeed worth mentioning. Using a very simple web design Gerhard Koebler (Innsbruck) succeeds in publishing a legal history portal with many sides. A major feature is the section for the biographies of contemporary jurists, Wer ist wer im deutschen Recht, and a similar section Wer war wer im deutschen Recht for deceased German lawyers. Koebler brings us succinct standardized biographies, without sacrificing important details. For twentieth-century lawyers he is keen on noting their whereabouts and role(s) during the Third Reich. Koebler does not restrict himself to law professors, but includes also persons with other roles in the legal world of Germany, Austria and Switzerland. Koebler helps with references to biographical publications, too.

I suppose you should see my notes on Italy and Germany as an embellishment of a post focusing on France and Spain, but making comparisons is after all the theme of this post. The two projects have different qualities, and it is interesting to see how the French and the Spanish team approached their goals, set limits and designed a structure for the online presentation. Both projects made me curious to look at other countries. Hopefully you enjoy looking in these resources as much as I do. If you know about other projects well worth presenting here, do not hesitate to contact me about them!

Guillaume Budé, a (legal) humanist

Image folder congress May 2018How did the interest in the history of Roman law start in Early Modern Europe? In the Middle Ages scholars who got access to the famous Codex Florentinus, a sixth-century manuscript with the text of Justinian’s Digest, for centuries hold at Pisa, did notice the Greek elements. We call the scholars who started to study Classical Antiquity and literature in its full depth and width humanists. The Renaissance in Italy spread quickly to other parts of Europe. In France Guillaume Budé (1468-1540) quickly became one of the foremost humanists. From May 3 to 5, 2018 an international congress will be held in Paris with the glorious title Les Noces de Philologie et de Guillaume Budé. L’œuvre de Guillaume Budé au prisme du savoir humaniste cinq siècles et demi après sa naissance. How did philology and Budé come together? In this post I will look at this upcoming scholarly event, and at Budé and his heritage.

A versatile scholar

The sections of the congress in May 2018 will look at different themes. The first section focuses on Budé’s mastery of Greek and his contributions as a Hellenist. In the second section scholars will discuss how Budé read not only works by Classical authors, but also by his contemporaries. Legal humanism and politics are the central theme of the third section. Budé as an author and especially the creator of dictionaries comes into focus in the following section. The fifth section is devoted to a single book, De assethe model monograph of Budé about Roman coins and much more. A section concerning the reception of his works and Budé’s afterlife and reputation will close the congress.

In the section on legal humanism scholars will tackle various subjects and questions. Patrick Arabeyre will discuss to what extent more traditional lawyers in the first half of the sixteenth century were influenced by legal humanists and their books in their own works. In a way this is a paper about the importance of the mos gallicus, the nickname for the new approach to law associated with French humanists. It is good to keep in mind that some Italian lawyers, in particular Andrea Alciato, taught also in France. The Annotationes in XXIV libros Pandectarum and the traces of Budé’s developing views are the subject of a paper by Jean Céard. Decades ago Douglas Osler already fulminated against those scholars who without any reflection took any nearby copy of this work as their only source, see his articles ‘Budeaus and Roman law’, Ius Commune 13 (1985) 195-212, and ‘Turning the title page’, Rechtshistorisches Journal 6 (1987) 173-182. Michel-Dominique Couzinet will look at philosophy and history in the Institution d’un prince, his only work in French. Guillaume Budé and Thomas More’s Utopia are the theme of a paper by Michel Magnien. This section just happens to be the only one with exclusively French speakers.

Portrait of Budé by Jean Clouet

Portrait of Guillaume Budé by Jean Clouet (died 1540) – painting, Metropolitan Museum of Art, New York – image Wikimedia Commons

A quick look at Budé – or Budaeus, the latinized form of his name – learns you that he was indeed a towering figure. He translated Plutarch from the Greek. His Commentarii linguae Graecae led the foundation for Estienne’s Thesaurus linguae Graecae, the first major Greek dictionary. Budé was a secretary of king Louis XII, and was later close to François I for whom he created a library at Fontainebleau with a collection of Greek manuscripts that would later become the core of the modern Bibliothèque nationale de France. In 1530 he was one of the founders of the Collège de France, first named Collège Royal. As a royal officer Budé was chosen in 1522 to serve a year as prevôt des marchands in Paris, a function in which he had to deal with commerce in Paris and the powerful Parisian merchants. His study of Roman coinage in De Asse was not only a vehicle for showing his skills as a scholar of ancient numismatics, but in this work he wanted to gain and show insight in Roman culture and society. A French summarized translation appeared in 1523 [Sommaire ou epitome du livre de asse (Paris: Galliot du Pré, 1522 (=1523))]. Budé would not have been a true humanist without an extensive correspondence with other humanists from Étienne Dolet and François Rabelais to Desiderius Erasmus and Thomas More.

Budé’s reputation and reception

A society active in France for the promotion of editions and translations of Classical texts has the appropriate name Association Guillaume Budé. You can find its journal, the Bulletin de l’Association Guillaume Budéonline at the Persée portal, from its start in 1923 up to 2015. The Institute d’Histoire et Recherche des Texts (IRHT) in Paris and Orléans has created a database concerning the transmission of ancient and medieval texts with an acronym, Base Unique de Documentation Encyclopédique, BUDE, which you can access after registration. It is astonishing Budé figures with only two editions of his works, but luckily two 1543 editions of the Annotationes are among the books digitized in Les Bibliothèques Virtuelles des Humanistes (Université de Tours), a project which figured here in 2013.

Banner BP16

Speaking of digital libraries, the Universal Short Title Catalogue (USTC, University of St. Andrews) will show more than 300 titles of works and editions by Budé. Increasingly the USTC contains links to digitized versions of sixteenth and seventeenth-century books. In the database BP16: Bibliographie des éditions parisiennes du 16e siècle of the BnF, based on the bibliographical work of Philippe Renouard and Brigitte Moreau, Budé figures with 65 works printed in Paris in the sixteenth century, i.e. editions, single publication and works of authors with whom he was associated. Humanists often wrote prologues, poems and recommendations which authors included in their publications.

Ciover of H.E. Troje's "Crisis digestorum"

As for Budé and his work on the Justinian Digest I would not dare to say here anything without first at least mentioning the last study of the late Hans Erich Troje, “Crisis digestorum”. Studien zur historia pandectarum (Frankfurt am Main 2011). Troje died on October 11, 2017. Since his 1971 book Graeca leguntur Troje patiently studied the way humanist scholars looked at the sources of Roman law. The ways the Digest was viewed and studied developed in an intricate interplay of preparations for new editions of the text in the Codex Florentinus, a most complex manuscript, and reading and valuing both published editions and commentaries by leading humanists. Access to the venerable manuscript in Florence and to Angelo Poliziano’s notes about it proved crucial. A few years ago I was happy to summarize here the excellent introduction to the Pandette manuscript and its history by Davide Baldi who shows you nicely the difficulties facing you when you want approach and understand this precious manuscript.

It would go beyond the scope of this post to look systematically at recent publications about Budé, but I cannot resist mentioning here an edition of some of his letters in La correspondance de Guillaume Budé et Juan Luis Vives, Gilbert Tournoy (ed.) (Leuven 2015). Marie-Madeleine de La Garanderie and Luigi-Alberto Sanchi published a volume with articles under the title Guillaume Budé, philosophe de la culture (Paris 2010). The title and contents show nicely the many ways one can view Budé and the high esteem he still enjoys. The Bulletin de l’Association Guillaume Budé is a sure port of call to find new studies, notes about sources and reviews of recent publications. In many cases you will Budé encounter anyway when you study the spread of humanism and its very particular offspring, legal humanism. His broad interests, the depth of his learning and the size of his network are probably too daunting for scholars to embark on a full biography of this remarkable figure. If anyone nowadays is able to take up this challenge you will soon think of Anthony Grafton. He showed more than a passing interest for Budé in his study Commerce with the ClassicsAncient Books and Renaissance Readers (Ann Arbor, MI, 1997). After his books on Scaliger and Casaubon Budé would seem an obvious choice for a sequel. Hopefully the conference in Paris will bring new and interesting views, and perhaps the spur for a much needed monograph on Budaeus.

New ways to medieval city registers

Screenprint Stadtbücher

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

Efforts in Germany

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

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

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

Getting a larger view

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

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

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

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

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

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

 In the wake of earlier projects

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

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

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

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

A postscript

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

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

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

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

Between two laws

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

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

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

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

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

The second website

Banner "Li livres de jostice et de plet"

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

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

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

Between Paris and Orleans

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

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

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

A postscript

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

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

A journal for the legal history of Morocco

Logo RMHDLast year I heard about the plans for a new legal history journal, the Revue Marocaine d’Histoire du Droit (RMHD). This month the happy news arrived about its upcoming launch. As I was about to write a brief announcement I read online two contributions about Morocco’s legal history, one in Dutch about the new journal in the Flemish Rechtshistorische Courant edited at Ghent University, the monthly bulletin for the legal history of the Low Countries, one at the Legal History Blog about a book published in 2014 concerning law and history in Morocco. It seems worthwhile to connect both items here with a third announcement on a volume of scholarly articles about the centenary of the Moroccan code of contractual law.

Researching Morocco’s legal history

Let’s start here with translating some of the words of Dirk Heirbaut (Ghent University) wrote in the Rechtshistorische Courant about the new journal led by Fouzi Rherrousse (Université Mohammed Premier Oujda): “We can only applaud this initiative for a Moroccan journal for legal history, because it will be the first of its kind in the Arab world. It will try to answer a great need. There is scarce attention for Morocco’s legal history, the subject is not included in the curriculum of the law faculties. It is to be hoped that the new journal changes this situation and gives an impulse to the study of legal history in Morocco and elsewhere in the Arab world. In a globalising world this is also important for European legal historians”. A number of European scholars has joined the comité de lecture, and others are even members of the editorial board.

By some lucky coincidence the Legal History Blog posted a brief announcement about a book the ever-vigilant team of this very active blog apparently had missed earlier. They wanted to make good this omission, for they deem it an important study. The book in question is Etty Terem, Old Texts, New Practices: Islamic Reform in Modern Morocco (Stanford, 2014). At the publisher’s website you can read the summary, the first chapter and the start of the second chapter. Terem studied a book in eleven volumes published in 1910 by a Moroccan scholar, al-Mahdi al-Wazzani (1849-1923) called al-Mi`yār al-jadīd, the “New Standard Measure”. Al-Wazzani collected many thousand fatwās, legal decisions, pertaining to Mālikī law. He did this just before France got de facto hold of a large part of Morocco. The treaty of Fez in 1912 divided Morocco into a French and Spanish protectorate, apart from the international enclave Tanger and a number of other ports. Terem invites you to look closely at the role, meaning, interpretation and impact of this massive legal collection.

Cover of "Le livre jubilaire"The centenary volume I mentioned above [Le Livre jubilaire. Centenaire du Dahir formant Code des Obligations et Contrats, Fouzi Rherrousse (ed.) (Oujda 2017)] was signalled at Histoire du Droit des Colonies, a French portal for colonial legal history. The Dahir was officially published on August 12, 1913. The delay between the centenary and the publication of this scholarly volume does certainly not diminish its importance. In the first section scholars write about contract law and obligations as an element of European legal history, and about different ways of codification in past and present, literally from classical Antiquity to the twenty-first century. The second section contains nine articles on the Code des obligations et des contrats, for example on the preparation by French lawyers of this code of law, Spanish influences, the impact of Roman law, the role of an Italian lawyer, and also the role of this code between law and economic influences.

The website Histoire du droit des colonies alerts also to the 2016 international conference Regards croisés sur l’histoire du droit [Different regards on legal history] held at Oujda. It underlines the role of a series of centenaries in Morocco’s legal history, with not only the Dahir, but also the first official gazette, the Bulletin officiel. The organizers rightly deplored the absence of legal history at the law faculties, only ancient law is an obligatory subject. They want to free the subject from rough generalisations, shame and confusion about the past of Morocco, and the danger of unreflected changes in current law.

Blog posts are usually not long, and I am afraid my average posts are much longer than many readers will expect, but this time I think it is better to offer only a short contribution to be continued at some point in the near future. Pursuing this path will ask some real efforts, think only of the variety in transliteration of Arab names and book titles. There exists a recent selection of texts by Islamic lawyers from the past, Islamic legal thought : a compendium of Muslim jurists, Oussama Arabi, David S. Powers and Susan A. Spectorsky (eds.) (Leiden 2013) to which Etty Terem contributed a fragment from the opus magnum of al-Mahdi al-Wazzani. You might also want to Iook at the French website Colonialcorpus. The most recent issue of the online legal history journal Clio@Themis contains articles in several languages around the theme Revues et empires coloniaux. I have not yet found a web page or website for the new Revue Marocaine d’Histoire du Droit, nor has the first issue appeared in print, but nevertheless I want to wish Fouzi Rherrousse and his team good luck in paving the roads for more space for and more attention to the legal history of Morocco, North Africa and the Arab world.

A postscript

In the autumn of 2017 a study by Dan E. Stigall, The Santillana Codes: the Civil Codes of Tunisia, Morocco, and Mauritania (Lanham, MD, 2017) will appear. Not only the civil law of Morocco, but also the role of the cosmopolitan Tunisian lawyer David Santillana (1855-1931) will be highlighted. You can read a very interesting about this book in a post at the blog of the Friends of the Library of Congress, the library where Stigall did his research for this new book.