Tag Archives: Legal history

A fusion of medieval legal systems at St. Andrews

Startscreen CLICME

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

A tour of a threefold project

Logo CL project

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

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

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

Research, online editions and more

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

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

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

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

Startscreen ILCR for Canterbury Court Records

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

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

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Hong Kong, Macau and Singapore, three Asian city states

Sometimes events can seem rather unique, but historians have been trained to be wary of this claim. Since weeks the city state Hong Kong is in the grip of political turmoil. The legal and political status and future of this special administrative region in China is at the core of the disputes and actions. It is not a new idea to look at the law of both Hong Kong and Macau together, but I decided to add a third town in South East Asia to the comparison in this post. What have these city states in common apart from their geographical situation around a harbor? In this post I will look at a number of digital archives and libraries which bring you to important resources for the legal and cultural history of these interesting Asian cities.

Three of a kind?

It is tempting to start here with the colonial period of the three harbors. Macau was the oldest European colonial town in China, founded by the Portuguese in 1557. In and around Hong Kong people have lived already some 5000 years. For Singapore on the Malaysian peninsula there is a reference from the second century BCE. From the fourteenth century onwards there is more continuity for Singapore, but it is also clear the Portuguese destroyed the city in 1613. I prefer to treat the three towns here at first separately.

Startsscreen "Memória de Macau"

With currently some 600,000 inhabitants Macau is the smallest of the three cities. They live on a territory of just 30 square kilometer, making Macau the most densely populated spot on earth. Macau’s fortunes depended initially strongly on the position of the Portuguese commercial empire. Even though the Portuguese influence became weaker, Macau became attractive as a pivotal point in intra-Asiatic commerce. Since 1999 Macau is a special administrative region of China. The Hong Kong-Zhuhai-Macau Bridge, actually a tunnel and a bridge with a length of 42 kilometer, connects since 2018 Hong Kong with Macau.

A search for digital resources concerning Macau yielded quickly some important results. The portal Memória de Macau was only launched in April 2019. It brings you to digitized books, archival records, maps, audiovisual materials and images of museal objects in Macau. The portal offers also a chronology of Macau’s history which you can even filter for events in politics and law, and there are of course sections on the arts and culture. Memória de Macau is accessible in Portuguese and Chinese. For searching the legal history of Macau the Base de Dados de Legislação de Macau (LEGISMAC) brings you not only to current law in Macau, but also to laws and other legislative acts since 1855. At Fontes Macau-China, sécs. XVI-XIX, part of the Observatório da China you will find a digital library with Early Modern books, its contents are viewable with a Portuguese, Chinese and English interface. The Biblioteca Digital da Fundação Jorge Álvares in Lissabon is a small digital library with digitized books about Macau and China. In the UM Digital Library Portal of the Wu Yee Sun Library, Universidade de Macau you can consult among other things Chinese worksWestern books on China and rare Western books. For Macau the digital library at the portal on Portuguese colonial history Memórias de Africa et do Oriente contains only nine titles.

The Arquivo de Macau has digitized the official gazette, the Boletim do Goberno / Boletim official de Macau, for the period 1850-1999, you can view the issues with a Portuguese, Chinese or English interface. In 1993 the Chinese government announced the legal framework for Macau from 1999 onwards. It is referred to as the Basic Law (here the English translation).

Hong Kong’s long history

Start screen Historical laws of Hong Kong Online

A similar search for digital collections concerning the (legal) history of Hong Kong took me much more time. Only the Hong Kong Legal Information Institute came immediately into view. This branch of the WorldLII contains not only modern legislation and jurisprudence, but also Privy Council Judgments (1861-1997), historical laws (1890-1964), and also first instance and appeal judgments since 1946. The University of Hong Kong Libraries offer access to Historical Laws of Hong Kong Online as a part of the Hong Kong University Library Digital Initiatives, a portal to several digital collections, including sections for rare books, legislation and war crime trials. I should have spotted at Historical Laws of Hong Kong Online the link to a page with several other online resources, for example Hong Kong Government Reports Online (1842-1941). The Hong Kong Public Libraries have among its digital collections a general Hong Kong Collection and for example old newspapers since 1853. The Run Run Shaw Lbrary of the City University of Hong Kong has a portal for its Digital Special Collections. Hong Kong Memory is a portal for digitized cultural heritage, mainly for the arts, geography, audiovisual collections and oral history. You can consult a number of historical maps at HK Maps. For Chinese rare books there are a digital collection of the Chinese University of Hong Kong Library and the Hok Hoi Collection of the Hong Kong Public Libraries with classic Chinese literature.

Two archives founded by the government of Hong Kong preserve archival records, the Government Records Service, with three digital collections and three virtual exhibits, and the Legislative Council Archives, founded in 2012. Within The Hong Kong Heritage Project you find the archive of the Kadoorie family and much more. A number of digitized archival collection for Hon Kong has been digitized by libraries. The Hong Kong Public libraries have digitized some 48,000 digitized archival records of the city council between 1965 and 2000 in their collection Municipal Council Archives. The Chinese University of Hong Kong Library, too, offers digitized archival records. In the Land Deeds Collection there are 160 land deeds and six volumes of fish-scale registers, from the mid-seventeenth to the twentieth century. In the Sheng Xuanhei Archive you will find digitized documents and transcriptions concerning a very influential merchant and politician (1844-1916) who initiated many projects. At Open Public Records of the UK National Archives this university gives you access to dozens of digitized documents from various series held at Kew. With the Elsie Tu Digital Collection (Hong Kong Baptist University) we come closer to this century. This collection contains speeches and publications of a scholar who followed closely political and legal developments in Hong Kong during the last quarter of the twentieth century. Her university presents also the HKBU Corpora, two linguistic corpora, the Corpus of Political Speeches (1789-2015) and The Chinese/English Political Interpreting Corpus (1997-2017), with in both speeches from the USA, Hong Kong and China.

In Hong Kong some 7,5 million people live on an area of 1,100 square kilometer, which brings this city a rank lower than Macau but still very high in the list of most densely populated places of our planet. The British took over power in 1841, formally stabilized in the 1842 Treaty of Nanking. The extension of Hong Kong’s territory came about in 1898 with the treaty concerning the 99 year-period of British rule over Hong Kong. During the Second World War the Japanese army occupied Hong Kong. In 1997 British sovereignty was transferred to China, entering the current period of fifty years until 2047 as a special administrative region within China.

A look at Singapore’s history and its digital presence

Heading "Straits Settlements Gazette", 1890Government

Heading of the “Straits Settlements Gazette”, 1890 – image source: Books SG, http://eresources.nlb.gov.sg/printheritage/index.htm

With Singapore we go from China to the most southern point of the Malaysian peninsula, close to the Indonesian archipelago. The destruction of this town in 1613 is a clear break in its history. In 1819 a British trading post was established which gained in 1824 the status of a British colony. In 1824 an Anglo-Dutch treaty created a clear separation between Dutch and British territories in Malaysia and the islands of the Dutch East Indies. From 1826 onwards Singapore was a part of the Straits Settlements, governed from British India. From 1867 to 1942 Singapore was a Crown Colony. The harbor became in the twentieth century known for its facilities for the British fleet. Although it was deemed to be unassailable for enemies, the Japanese could take over Singapore in 1942 very quickly.  After the Second World War a turbulent period followed from which Singapore eventually emerged in 1965 as an independent republic. Singapore has currently some 5,6 million inhabitants on a territory of 7,800 square kilometer leading to a ranking for population density between Macau and Hong Kong. One of the things I realized while looking at Singapore is the major role of Chinese people in its history.

When you look at digital libraries in South East Asia it is good to start perhaps with the Asean Digital Library, a portal hosted by the National Library Board, Singapore and founded by the Association of South East Asian Nations. For Singapore this digital library contains some 26,000 items. The National Library Board of Singapore presents digitized old books and manuscripts in several subcollections at Books SG. Among the books labelled Politics and government you will find a number of issues of the Straits Settlements government gazette. Among the digitizwed titles I would like to mention two recent guides, The rare materials collection : selections from the National Library Singapore (2017), readable online, and the volume 50 records from history : highlights from the National Archives of Singapore (2019), downloadable as a PDF (264 MB), with in the latter a number of important documents for Singapore’s legal history.

The NLB has also created a section Newspapers SG with some Malaysian newspapers. The educational portal Roots created by the National Heritage Board looks at Singapore’s history and cultural heritage since 1819. At Legal Heritage the Singapore Academy of Law brings you not a digital library, but a guide to Singapore’s legal history. Lee Su-Lin, a librarian at the National University of Singapore created with Historical sources of Singapore Law a guide to (digitized) materials for researching Singapore’s legal history. You can benefit also from the guide to Singapore Primary Sources by her colleague Nur Diyana. The National University of Singapore offers digitized historical maps of Singapore (from 1846 onwards), a HISGIS for Singapore and the Singapore Biographical Database dealing with Chinese personalities in Singapore’s history The NUS Libraries have a large section with digitized Chinese materials pertaining to Singapore, including historical newspapers. At Singapore Statutes Online you can find three constitutional documents and a few acts from the colonial period.

The holdings of archives, libraries, museums and galleries in Singapore can be searched conveniently using the One Search portal. Thus you can look at inventories of the National Archives of Singapore. At its digital portal Archives Online you can look for example at a section for government records with also parliamentary papers – and at the Straits Settlements Records (1826-1946), Overseas and Private Records. The Singapore Policy History Project of the NAS is also worth your attention.

Of course important collections relevant to the subjects of this post can be found elsewhere. In the Cambridge Digital Library you can find the collection Voices of civilian internment: WWII Singapore. Among digitized items of the vast collections of the Royal Commonwealth Society you find can some panoramic photographs of Hong Kong, Macau and Kanton (Guangzhou) made in the early twentieth century.

Three or four harbors?

When you look at old maps of Macau and Hong Kong the latter is often difficult to spot, but yet another harbor to the north in the Pearl River Delta is quite visible, Guangzhou, to the Western world long known as Canton. Guangzhou is situated some 145 kilometer north of Hong Kong, To mention just one characteristic about Guangzhou, Cantonese is one of the major forms of the Chinese language. Singapore and Guangzhou figure in the top ten of largest harbors of the world. It would have been interesting to look here also at Guangzhou, for example at the Guangzhou National Archives, but it is perhaps better to admit I spotted it rather late.

While preparing this post on the history of three Asian ports another thing became very visible for me. In the Human Development Index of the United Nations, a quite detailed overview with several sections, you will find in the main HDI list just behind the top on place 7 Hong Kong, and on place 9 Singapore. Macau is not included in the HDI, but it would rank around number 17. China currently figures at place 88 of the HDI main list. The three city states of this post simply belong to the richest countries and areas of our world. Two of these three ports hold a stable place among the world’s busiest harbors.

Inevitably there are some clear lacunae in my post. It would be most useful to know about digital versions of the historical gazette(s) for Hong Kong, not just for Macau and Singapore. I referred only briefly to the historical and current constitutions which can be swiftly found using one or more of the portals for constitutions worldwide. Incidentally, I have listed a dozen relevant portals for constitutions at the digital libraries page of my legal history portal Rechtshistorie, where you will also see the archives I mention here. The page for digital libraries brings you also to the major portals for official gazettes and treaties. I have not looked closely at the development of the legal systems in the three city states, but this calls for more space, time and knowledge – both of the legal systems involved and of Portuguese, Malay and Chinese! – to engage with them here in real depth and width. The selection of resources for their cultural and legal heritage shows at the very least the need to use multiple perspectives. Perhaps the largest deficit here is the lack of references to (legal) sources in and about China and its history, and hte omission of a perspective from China. On my website I mention a number of digital libraries with Chines books and also a number of archives in China, but I point only to a small number of resources on China’s legal history. Finding digital resources with digitized old books  for Malaysia is an even greater challenge, but it is also advisable to turn to bibliographical research.

Whatever the outcome of the current conflicts in Hong Kong, it is surely influenced by the fact people live here literally packed on the shores of a thriving harbor and an important Asian economy. The people of Hong Kong are acutely aware of the legal, economical and political differences with China. These differences stand both for the success of Hong Kong and the challenges it faces. All over the world major towns have to deal with problems national governments find difficult to address. A number of cities worldwide cooperate in networks such as Metropolis and United Cities and Local Governments. The city states of this post stand out as not just remarkable legal cases for doing comparative law and comparative legal history, but as communities in densely inhabitated towns at pivotal points in the world economy and at the frontiers of major countries which have and show their own interests in them. The mixed legal systems of Hong Kong and Macau are a mixed blessing,. All three towns in this post have a long history of great changes which will encourage them to face current problems, too.

Streams of life and strife: Water as a legal matter in Roman law

Banner Roman Water Law

After six months I should finally fulfill my promise to honor here at least once a year the role of Roman law. You might almost call it the mother of all legal history! Luckily I found a subject in Roman law close to current interests. Water as a vital element of life was not absent in Roman law. Its presence is in fact manifold. The project Roman Water Law at the Freie Universität and the Humboldt Universität in Berlin helps to look at regulations concerning water and its uses according to an interesting scheme. Legal attention to water has a very long history.

A Roman look at water

The project Roman Water Law has found space on the Topoi platform which stands out for its distinctive graphic design. Topoi currently contains nearly twenty research collections and smaller projects on a variety of themes. Actually the website for Roman water law is the fruit of two research programs of the Berlin Exzellenzcluster Topoi held between 2012 and 2017, “Water from a legal perspective” and “Infrastructures from judicial, gromatic and political perspectives”. The core of the virtual collection is a combination of legal sources found in the Corpus Iuris Civilis, three individual leges (laws) and the Codex Theosodianus with texts from Roman authors who touched the subject of water. The results are 572 entries with a Latin text and English translation to which one of ten newly defined categories have been assigned.

Table IX of the Lex Irnitana

Table IX of the Lex Irnitana – Museo Arqueológico de Sevilla – image: Red Digital de Colecciones de Museos de España, http://ceres.mcu.es

The harvest for Roman laws in the technical sense, leges approved by the senate of the Republic, may seem meagre with just three laws. However, one of them, the Lex Flavia Irnitana from AD 91, was only found in 1981. The fragments of six out of originally ten bronze tables are now held at the Museo Arqueológico in Seville {Hispania Epigraphica, no. 5058). This law, dated around 91 BC, is the most complete surviving example of a Lex Flavia, a municipal law. Chapter 82 of the Lex Irnitana deals with drainage and creating and changing roads, paths, canals and sewers, for which only the duumviri, a pair of magistrates elected for one year, are authorized if there is a municipal decret for their actions.

When you look at the overview of the 572 entries you use first of all several filters. Thus you can quickly see that legal texts form the majority of the texts, only 73 items stem from Roman literature. Within the corpus of legal text the Digesta rule supreme with 435 entries. Among the literature are 22 entries from Frontinus. Cicero provides only six entries. Texts found in the Corpus agrimensorum have been cited and translated using the work of Brian Campbell, The writings of the Roman land surveyors. Introduction, translation and commentary (London 2000). It is no surprise to find Okko Behrends as one of the scholars involved with the Topoi project. He edited and translated with Luigi Capogrossi Colognesi for example the volumes on Frontinus and Hyginus in the Corpus agrimensorum romanorum [vol. 4 (1998) and 5 (2000)]. You can also filter by keyword. Some forty Latin terms are given for this purpose. An entry can have multiple keywords. You can choose to open the entries for just one keyword or add entries for other keywords or subjects as well.

The core of the project are the classifications added to each entry. There are ten main types of classes, starting with definitions (44), followed by

Right to use water
Constructions to use water – Process of construction and maintenance
Legal protection of water use
Urban praedial servitudes of water
Regulation of damages and prevention of damage caused by water
Consequences of changes caused by water
Water as a route of transport
Water as a border
Buildings at banks, coasts and beaches

Under the heading Urban praedial servitudes five texts are included concerning stilicidium, the right to discharge eavesdrip (drops of rain) and the legal actions available in case of flooding (flumen). I could not help noticing that seemingly the keyword flumen has been added to the three texts for stilicidium, and that in one of the two texts for flumen the action concerning aqua pluvia is also mentioned, but not entered as a keyword. Adding the right keywords is certainly not straightforward. I looked also at the twelve texts in rubric 7.4, Storms and natural disaster, a subspecies of changes caused by water. The clear distinctions, the crisp style and the concise descriptions of standard situations should provide food for thought for any modern lawyer struggling with legal problems and trying to write about them in a most sensible and understandable way. In Roman eyes the actual situation in a particular legal case had to be faced squarely in order to provide a just solution. Last year someone asked me about Roman law and plumbing.  I can reassure my acquaintance Roman lawyers said some very constructive things about plumbeae fistulae.

It is possible to download the database of Roman Water Law, created in the special Citable format created for digital humanities. It would have been more elegant to indicate the kind of tool to open it. On a tablet I could open it directly, otherwise you can use a simple text or code editor.

The variety at Topoi

Cover Becking, "Water management in ancient civilizations"

The Topoi project does not only bring digital results. Exhibitions are held and publications appear in print, too, for example the volume edited by Jonas Becking on Water management in ancient civilizations (Berlin 2018). An earlier publication touches the theme of Roman land surveying, Cosima Möller and Eberhard Knobloch (eds.), In den Gefilden der römischen Feldmesser. Juristische, wissenschaftsgeschichtliche, historische und sprachliche Aspekte (Berlin-Boston 2013). There is also an e-Topoi Journal for Ancient Studies available in open access. Received wisdom forbids me to create in this post also a nutshell guide to other relevant institutions in Berlin for the field of ancient studies. Just looking at the Topoi repository is a treat. You can look for example at ancient cylinder seals in 3D, astronomical diaries in cuneiform inscriptions from Babylonia, a digital representation of the Pantheon, and the Inscriptiones Christianae Graecae. The Topoi cluster itself has many connections. With the Berliner Antike-Kolleg I mention an institution which has close connections to Topoi.

I leave it to you to explore yourself more texts included at Roman Water Law. Many uses of water come into view on the website and in the database. One of the few things missing are baths, but here we clearly enter the summertime of the northern hemisphere. Roman lawyers did discuss them, too! If you want to pursue such themes in Roman law I would like to point here again to Amanuensis, the application for searching Roman legal texts created by Peter Riedlberger and Günther Rosenbaum, downloadable for both computers and smartphones. In an earlier post I introduced the app. It is good to know more texts have been included in it recently (version 4.0). Thanks to Ingo Maier a number of constitutions from Late Antiquity and the Latin Novellae of Justinian have been added, and thanks to Job Spruit also the Justinian Novellae in Greek. Hopefully the summer holidays give you a chance to relax and reload, and also to learn about and upload the latest version of such tools.

 

200 years Monumenta Germaniae Historica, a story of editions, projects and scholars

Flyer "200 Jahre MGH-Editionen"Every year some subjects and themes are brought to your attention just because there is some jubilee or centenary. In the face of their sheer number I wisely do not venture to trouble you with all centennial or even bicentennial celebrations. For me the Monumenta Germaniae Historica are exceptional in many ways. In view of the scholarly impact on the field of medieval history, German and European history, and in particular many fields of legal history. A meeting in Frankfurt am Main on January 20, 1819 has had a very important influence on the shaping of history as a scholarly discipline taught at universities. The flow of editions produced in two centuries is one thing to marvel at, but the story of this institution is much richer. Some celebrations have already been held in January, but the last week of June 2019 has been chosen as the week with more events around this bicentenary. I will try to be as concise as possible, but the story of the MGH deserves space!

History, nationalism, Romanticism

Logo MGH, Munich

The start of the project we now know as the Monumenta Germaniae Historica happened in a particular time and place. Horst Fuhrmann analyzed concisely in his splendid book on the scholars of the MGH the start of this enterprise and much more, and I follow here his lead [Sind eben alles menschen gewesen. Gelehrtenleben im 19. und 20. Jahrhundert. Dargestellt am Beispiel der Monumenta Germaniae Historica und ihrer Mitarbeiter (Munich 1998; online, MGH (PDF))]. After the dissolution of the Holy Roman Empire in 1803, according to the late Peter Landau more important in Germany’s history than the reforms created by Napoleon, after the Napoleonic wars and the establishment of a new political order in Europe at the Congress of Vienna (1814-1815) there was time in Germany to look backwards. You would assume that a number of people influenced by Romanticism founded the Gesellschaft für ältere deuttsche Geschichtskunde. the society for the study of older German history, but Lorenz vom Stein (1757-1831) and his visitors were not the archetypical romantics. This lawyer and former Prussian minister met at Frankfurt am Main with four delegates of the Bundestag, the central organ of the Deutsche Bund (1815). Vom Stein was known for his proposals for reforming public law and administration. Instead of looking back at the past he wanted to work to rebuild and strengthen Germany as a nation. The project originally set out to publish a number of sources in a relatively short time span, maybe ten years. Vom Stein had been in contact with leading German romantics to ask for their opinion and support.

In the first years the project met with some approval but also with indifference, criticism and even derision. Metternich subjected the first volumes to censorship. One of the ironies was the fact a team of students was sent to Paris to copy medieval manuscripts, because they were more bountiful and better accessible in the French capital than in other major libraries. The German states did not want to put money into the MGH. An offer for funding the project came not from German politicians, but from the Russian tsar. Vom Stein politely declined and spend a lot of his own money. In 1820 an accompanying journal was started, the Archiv für ältere deutsche Geschichtskunde, the ancestor of the current Deutsches Archiv für Erforschung des Mittelalters. From 1823 onwards an archivist from Hannover, Georg Heinrich Pertz (1795-1876), led the small team around Vom Stein. He designed the division of the editions into five major series, the Scriptores for editions of works dealing with history, the Leges with legal resources, the Epistolae for letters, the Diplomata for charters, and the Antiquitates for other sources. Pertz stayed with the Monumenta for fifty years.

Fuhrmann, himself a former president of the MGH, was quite right in writing a story about scholars as people, ordinary mortals with great gifts and sometimes wilful personal characteristics. The strife between Pertz and Georg Waitz (1813-1886) was not only a matter of different visions of history and scholarly practices, an archivist developing on his own the historical-critical method to edit sources against a scholar trained by Ranke, but also a clash of two humans. Some projects stemming from the MGH belong to the Vorarbeiten, preliminary works such as the Regesta Imperii started by Johann Friedrich Böhmer who later on after quarrels with the MGH decided to edit a series Fontes rerum Germanicarum (4 vol., Stuttgart 1843-1868). Others, too, had their trouble with the MGH and started their own series. Philipp Jaffé edited after his break with Pertz the series Bibliotheca rerum Germanicarum (6 vol., Berlin 1864-1873). Thus the MGH delivered not only its editions, but set path-breaking examples of using the historical-critical method. It became a model for projects abroad by the very fact they initially stuck to just publishing sources, not scholarly monographs. Controversies about its role and aims led to other important scholarly projects in the field of medieval history.

A human history

With Philipp Jaffé (1819-1870) we encounter perhaps the most tragic of all Monumentisten. Jaffé had studied in Berlin, and without getting a Ph.D. he started his own projects. The first edition of his Regesta pontificum Romanorum, a work listing 11,000 papal acts and charters up to 1198, appeared in 1851. In these years he studied medicine in Berlin and Vienna, believing he had no chance to make a career as an historian being a Jew. However, Ranke considered Jaffé his very best student and made him the first ausserplanmässiger professor in all Germany. Between 1854 and 1862 he worked for the MGH. On the title pages of the six volumes of the Scriptores series Jaffé helped editing his name was not mentioned. In 1863 a feud developed between him and Pertz, who eventually wanted to deny him access to the Staatsbibliothek in Berlin. Jaffé started his own series with major source editions. He got estranged from his family, converted to Lutheranism, and in growing isolation he took his life in 1870, a fact that shocked the scholarly world.

It is impossible to follow here the MGH and its contributors through all its history, if only for the sheer number of scholars for which you can find photographs at the MGH website. Jews had indeed a great role for the published editions. In particular Harry Bresslau, the author of the Geschichte der Monumenta Germaniae Historica (Hannover 1921; reprint 1976; online, MGH) felt hurt under antisemitic attacks. During the period of the Third Reich Ernst Perels and Wilhelm Levison were among the targets of the Nazi regime. The MGH became a Reichsinstitut für ältere deutsche Geschichtskunde, but Nazi control was not total. In 1939 Levison could find a refuge in Durham. In 1944 the MGH had to leave Berlin for Pommersfelden near Bamberg. In 1949 the institute came to Munich where the MGH found in 1967 its current location in the main building of the Bayerische Staatsbibliothek. You can find the titles of the MGH’s own publications about its history on this web page.

The library collection of the MGH is now famous for its riches, but it was only after getting in 1907 the books of Ludwig Traube and in 1911 those of Oswald Holder-Egger a substantial library came into existence [see Norbert Martin, ‘Die Bibliothek der Monumenta Germaniae’Bibliotheksforum Bayern 19/3 (1991) 287-294]. One of the special qualities of the online catalogue is the presence of links to reviews of works in the Deutsches Archiv. Nowadays we may take dMGH, the digital MGH, for granted, but such projects are solely possible with financial means and other support by institutions as for example the Bayerische Staatsbibliothek and the Deutsche Forschungsgemeinschaft (DFG). The MGH have a legal status under public law as an institution for the Freistaat Bayern with subventions by other Bundesländer. I have been fortunate to work in 1997 and 1998 with the library staff of the MGH, and my fond memories of these days prompt me to write here, too. Apart from the vast collection with printed books on the history of medieval Europe the Virtueller Lesesaal offers a lot of books in several sections. Here I would like to single out the digital version of Paul Oskar Kristeller’s Latin manuscript books before 1600. A list of the printed catalogues and unpublished inventories of extant collections (4th edition, 1993; supplement, 2006; revised digital edition 2016). This indispensable guide has been revised and updated by Sigrid Krämer and Birgit Christine Arensmann.

A mighty enterprise

The time with just five massive series of editions is long ago, a mighty fleet of series has sailed into our century. The Monumenta Germaniae Historica in its printed form take many shelves in a library and make a mighty impression. In the early eighties the very stacks with the folio volumes of the MGH collapsed in the rather new library of the history department in Utrecht, luckily before opening hours. Apart from a library catalogue you might better use the yearly leaflet with an overview of the editions which duly was posted near these stacks. The Gesamtverzeichnis 2019 is also available online (PDF). In 1997 even the library of the MGH decided to catalog again all editions since 1826.

Legal historians will within the old series and the current program of edition projects first of all turn to the Leges and Diplomata series. In the Leges series there are currently projects for sources such as the Collectio Gaudenziana (Wolfgang Kaiser), the Collectio Walcausina (Charles Radding), a part of the Leges Langobardorum, capitularies, formulae, and even for the most intriguing and difficult corpus of Pseudo-Isidorian decretals, just one example of a project which cannot be seen properly without looking to other forged collections around it. More soberly it is also an example of a project running over many decades. If you remember Antonio Agustín’s reluctance in the late sixteenth century to pronounce a clear verdict, a forgery or genuine material, even though he was in the best position to do this, you will understand the courage of scholars such as Horst Fuhrmann, Schafer Williams, Klaus Zechiel-Eckes and now Eric Knibbs to proceed in their wake with finally producing a critical text edition. Among other projects in this series are editions of medieval councils, a new edition of Regino of Prüm, royal constitutions, the glosses to the Sachsenspiegel, and the Latin version of an other treatise on German law, the Schwabenspiegel. It is good to see here attention for several kinds of legal systems

The publications within the Diplomata series may seem more straightforward. The sheer mass of charters issued from the Carolingian period onwards is indeed much greater than one could calculate in the first half of the nineteenth century. Nowadays not only charters of kings and emperors are being edited, volumes for some princes have appeared, too, and also for the Latin kings of Jerusalem. For the charters of the emperors Henry V and Henry VI there is even a digital pre-edition online, for the latter only for German recipients. Dieter Hägemann and Jaap Kruisheer, assisted by Alfred Gawlik, edited the two volumes of Die Urkunden Heinrich Raspes und Wilhelms von Holland (2 vol., Wiesbaden 1989-2006) with the charters of the only Roman king from the Low Countries. It is also the only case in which a Dutch scholar worked on a volume published for the MGH.

As for the newer series it is sensible to look here at just three series. In the series MGH Hilfsmittel we find works such as Uwe Horst, Die Kanonessammlung Polycarpus des Gregor von S. Grisogono. Quellen und Tendenzen (Wiesbaden 1980), the Wortkonkordanz zum Decretum Gratiani, Timothy Reuter and Gabriel Silagi (eds.) (5 vol., Wiesbaden 1990), the monograph of Rudolf Pokorny and Hartmut Hoffmann, Das Dekret des Bischofs Burchard von Worms. Textstufen – Frühe Verbreitung – Vorlagen (Wiesbaden 1991), and the printed edition of Linda Fowler-Magerl, Clavis Canonum. Selected canon law collections before 1140 (2005). Her work is now available online in a database with a German and English interface. Danica Summerlin and Christoph Rolker have added new canonical collections to the database.

The series Schriften der Monumenta Germaniae Historica is one of the oldest series to supplement the original program. You can choose at will in this series for classic studies. I mention here for legal history Arno Borst, Die Katharer (Stuttgart 1953), Horst Fuhrmann, Einfluß und Verbreitung der pseudoisidorischen Fälschungen von ihrem Auftauchen bis in die neuere Zeit (3 vol., Stuttgart 1972-1974), the six volumes of the congress Fälschungen im Mittelalter (6 vol., Stuttgart 1988-1990), Harald Siems, Handel und Wucher im Spiegel frühmittelalterlicher Rechtsquellen (Stuttgart 1992), and Maike Huneke, Iurisprudentia romano-saxonica. Die Glosse zum Sachsenspiegel-Lehnrecht und die Anfänge deutscher Rechtswissenschaft (Wiesbaden 2014).

Within Studien und Texte, the third series which I like to mention, you will find indeed both source editions and monographs, such as Stephan Beulertz, Das Verbot der Laieninvestitur im Investiturstreit (Wiesbaden 1991), and Sascha Ragg, Ketzer und Recht. Die weltliche Ketzergesetzgebung des Hochmittelalters unter dem Einfluß des römischen und kanonischen Rechts (Wiesbaden 2006), the first of a number of recent volumes in this series with studies and editions concerning medieval inquisitions. For your convenience I refer to the page on medieval legal procedure of my legal history website where I have included these works.

Time to celebrate

Flyer Bock auf MittelalterIn its long and illustrious history the Monumenta Germaniae Historica had to deal with many crises and decisive moments. Think only of the 1880 fire in the house of Theodor Mommsen in Charlottenburg which destroyed working materials of the Monumenta, his personal library and some precious manuscripts in his custody! Remember the periods with a stifling political climate in the dark times of the Nazi regime. During the Second World War some materials were stored in a mine which was destroyed in 1945. Many projects suffered setbacks when editors failed to do their jobs properly, when death came too soon for experts dealing with most difficult matters, or clashes happened between scholars. The presidents and the Zentraldirektion have to steer between many rocks. Sometimes the presence of particular scholars is most helpful. From my own period I cherish the memory of Reinhard Elze, former director of the Deutsches Historisches Institut in Rome, who walked each day from his home to the MGH in the Ludwigstrasse. I think his steady rhythm and kind presence helped everyone in a way to stay focused and open to people and ways to solve problems of any kind. The funny poster makes me remember the way Horst Fuhrmann could make jokes and show his happiness.

The program for the jubilee contained events in Berlin and Vienna in January, the festivities of last week in Munich, and a symposium to be held at the DHI in Rome on November 28-29, 2019 on “Das Reichsinstitut für ältere deutsche Geschichtskunde 1935 bis 1945 – ein “Kriegsbeitrag der Geisteswissenschaften”? [The research institute of the Reich for the study of older German history, 1935-1945. A war contribution of the humanities?]. The DHI and the MGH were forced to merge in 1935. What impact did the control of the Reich have, and not only for substantially widening the budget? On June 28 a discussion panel rightly stressed the international character of the MGH has today. In 1947 the MGH for the first time elected corresponding fellows, then and ever since from abroad. The flyer for this event shows a list with more than fifty scholars from Europe, the USA and Japan. The main scholarly meeting on June 28 and 29 dealt with the theme Quellenforschung im 21. Jahrhundert [Research on sources in the 21st century].

What laurels does the MGH need? The founders put a crown of oak leafs around the motto in Latin which defies translation, but inspiration and labor of love is the very heart, not only the forests of medieval Germany. Using the older volumes with the introductions in Latin, slowing down your reading speed to digest the wealth of information in the double apparatus of the annotation, checking the Deutsches Archiv for thorough articles, concise information about new works, and the yearly messages of the Zentraldirektion on the progress of editions in preparation, looking at the website for new books in the holdings of the MGH which you might want to use yourself, too, you realize the contributors to the MGH put all their talents into helping to create sure foundations for research, Grundlagenforschung. They challenge you to do your own tasks in a similar dedicated way. Let’s hope the staff and fellows of the MGH can continue to work for the community of scholars in the fields of medieval law and history!

 

De rebus digitalibus: Doing digital legal history

Logo DH 2019 at UtrechtWhile the virtual world and the real world steadily become interwoven, it can sometimes seem legal history is only at the fringe of the digital turn. On the other hand all kinds of information and resources can be found online today. Using such resources does have an impact on the form and practices of legal history. Some scholarly events aim among other things at creating space for reflection and discussion about the tensions between older forms of doing history and alluring new ways and methods to pursue research goals. This year’s international congress of the Alliance of Digital Humanities Organizations (ADHO) will be held at Utrecht from July 9 to 12. In this post I will look at its program of DH2019, and also at the call for papers of a conference on digital legal history to be held at Frankfurt am Main on March 19-20, 2020, organized by the Max-Planck-Institut für europäische Rechtsgeschichte. It is only logical to compare the program and aims of DH2019 with the call for papers of DLH2020. Even if using the tools and methods of digital humanities may seem Latin to you, the importance of this digital approach will certainly grow, and knowing about them is useful.

Varieties and complexities

The main theme of next month’s conference in Utrecht is complexities. The way complex models are created to represent complex realities is to be addressed, as are the manifold questions about digital scholarship itself on a theoretical, social and cultural level. There is a variety of networks and mazes at work in the field of digital humanities. New generations of scholars arrive, with different perspectives and skills. If this sounds almost too much of a good thing for a four-day conference, you will see that some workshops start already on July 8. For the special focus of this conference, digital humanities in Africa, a workshop for African scholars, DH – the perspective of Africa, will be held from July 1 to 5 at the Lorenz Center of Leiden University. On July 8 there will be a workshop at the Royal Library in The Hague on Libraries as Research Partner in Digital Humanities. The venue of DH2019 is not a university building, a conference center or a large section of an hotel, but the TivoliVredenburg music center where hosting music from many periods and styles in five concert halls has become regular business.

The variety of subjects in the conference programme is truly impressive. Let’s look first of all for subjects in close connection with legal history. Renana Keydar and Yael Netzar will talk about finding out about the perception of threat by the Israelian police force. Georg Vogeler and two of his colleagues will discuss the ways to export charters into TEI P5 (Text Encoding Initiative). Marie Lavorel will talk about ways to preserve the oral histories of survivors of the genocide in Rwanda. The opening address of DH2019 will be held by Francis Nyamnjoh (University of Cape Town). He will make a case for being aware of the complexities, not only as a challenge, but as chances. In her closing keynote Johanna Drucker (UCLA) will speak about ecological sustainability and its impact on the ethics of digital humanities. The use of energy for computers leaves a large footprint on our planet. Tito Orlandi will give the Busa Lecture in which he will discuss the history of digital humanities and the apparent lack of a paradigm for this field. The lecture is named after Roberto Busa (1913-2011), the pioneer of using computers to deal with a textual corpus, the Corpus Thomisticum with the works of Thomas Aquinas. In 1980 his Index Thomisticus was completed.

The ADHO has a number of special interest groups (SIG) which nicely show the sheer width of digital humanities. Apart from libraries and DH currently SIG’s exist for literary stylistics, audiovisual data, global outlook, geospatial software and its uses, and for linked open data. Just looking at these subjects helps you to view digital humanities as a house with many rooms and space for more things to come.

My first impression of the program and the variation in themes and subject is that this conference deals with a number of territories that seem largely uncharted by legal historians. In particular subjects in world history can seem sometimes unconnected to legal history. In the second half of this post we will see how the MPIeR steps in to bridge such gaps.

Digital legal history

In some posts at my blog I have tried to look at the presence of digitized materials for doing legal history outside the Anglo-American and European sphere. Thus I looked for example in 2010 at South Africa and in 2014 at Brazil. In 2017 I discussed here digitized resources for the legal history of Suriname and last year more specifically the digitized slavery registers of Suriname. The death of Fidel Castro prompted me in 2016 to write about Cuban legal history. In yet another post I looked here at HISGIS and legal history. Digital projects are very often here discussed here.

However, digital humanities are not absent around more traditional themes and subjects. A nice combination of studying both the United Kingdom and Australia in the field of criminal law is found within the projects of the Digital Panopticon cluster, concisely presented here. The Exon Domesday, the manuscript with the Domesday register for South-West England held at Exeter Cathedral, is the subject of a project using a number of tools from the field of digital humanities.

Logo Max-Planck-Gesellschaft

It is perhaps wiser to look at the call for papers of DLH2020. The call starts with a summary of the various ways digitization and computers affect the field of legal history. Digital tools are used to gather information, they can assist in the exploration and analysis of information, and they help you to publish and connect research results. Databases offer access to legislation and to case law, in a number of cases for considerable historical periods, too. A second main point is the way digital humanities transcend the borders of disciplines. Apart from the problems inter- and transdiscplinarity pose themselves, adjusting existing digital tools, approaches and methods to meet such problems can have a major impact even when changes seem slight. Such unexpected turns can in the end also prove to be most helpful and literally path-breaking. However, the presence of digital humanities has not yet led to decisive changes in the ordinary practice of legal historians. The MPIeR dedicated in 2016 a part of issue 24 of the journal Rg/Rechtsgeschichte-Legal History to contributions discussing the role of digital humanities for legal history. The Law and History Review, too, published an issue on Digital Law and History [34/4 (2016)] with a focus on Anglo-American practice.

The purpose of the DLH 2020 conference will be first of all to get a more complete and balanced view of digital humanities and legal history, both on the theoretical level and in actual practice. The call of papers contains a fair number of possible questions for papers and posters: What do digital humanities bring that would not have been possible without them? How do they influence your approach and methods? Can we use methods of analysis common to DH also for legal history? What chances are there to use modelling to deal with questions concerning legal history? What about using Big Data or engaging in data-driven research? Which limits confront legal historians? Are there possibilities in DH we clearly can use to our benefit? An important question comes at the end of the call of papers: what resources are lacking until now? Proposals can be submitted before September 15, 2019 to dlh@rg.mpg.de.

The set of questions reminds me very much of the question medievalists asked and ask about other disciplines. You might not be able to use approaches, tools and methods without some modification, but it is by all means interesting and important to know about them. I think that it is wise to be aware with Tito Orlandi that no clear paradigm for DH bhas yet been developed, and this means it is also possible to contribute to the construction of this paradigm or at least to building best practices from many perspectives. Digital humanities will touch almost every field of humanities. Scholars of Classical Antiquity have perhaps taken a lead in using elements of digital humanities, not only for their own benefit, but also for making their set of disciplines – discipline in the singular will not do here! – also accessible to a wider public. Entering the fields of digital humanities can hold its surprises, but it is no longer an uncharted world where angels fear to tread. The conferences in Utrecht and Frankfurt am Main can surely help you to get in contact with those people who have taken the plunge into the world of digital humanities.

 

At the passing away of Peter Landau

Peter LandauEvery year the death of scholars in the field of legal history makes you reflect about the very different paths scholars pursue in their research. Over the years I try here not to look only at their scholarly achievements, but also at the way they lived, their human qualities and attitude. Sometimes it is challenging to give a complete picture of someone in view of his many activities. With Peter Landau not only a scholar of medieval canon law has passed away. The Monumenta Germaniae Historica and the Max-Planck-Institut für europäische Rechtsgeschichte announced his passing on Thursday May 23, 2019. Here I will look briefly at his scholarly career and publications, and I will tell about my personal experience with him in Munich.

From Berlin to Munich

Berlin was the place of birth of Peter Landau (February 26, 1935), but you must mention a lot of other towns in Germany and abroad when you want to do him justice. You will find the main dates of his life in the curriculum vitae on the website of the Stephan-Kuttner-Institute for Medieval Canon Law. Landau studied from 1953 onwards law, philosophy and history in Berlin, Freiburg im Breisgau and Bonn. In 1956 he got support from the Studienstifitung des deutschen Volkes. He stood his first federal juridical examination (Erstes Juristisches Staatsexam) in Cologne in 1958. In 1960 he became an assistant at the university of Bonn. Guided by Hermann Conrad he defended in 1964 his dissertation on the canonical concept of infamy, published as Die Entstehung des kanonischen Infamiebegriffs von Gratian bis zur Glossa ordinaria (Cologne-Vienna 1966). His PhD thesis brought him in 1965 to Yale University where he worked with Stephan Kuttner, not only for the preparation of his second dissertation (Habilitationsschrift), but also as a lecturer on canon law. In 1968 he defended his study on the role of church patrons in medieval canon law, published seven years later [Ius Patronatus. Studien zur Entwicklung des Patronats im Dekretalenrecht und der Kanonistik des 12. und 13. Jahrhunderts (Cologne-Vienna 1975)].

Peter Landau hold his first tenure as a law professor from 1968 to 1987 at the very new university of Regensburg, founded in 1962 and really starting in 1967. In these years he was twice a guest lecturer in the United States, at Berkeley in 1977 and in Chicago in 1984. He declined the call in 1983 to succeed Helmut Coing at the university of Frankfurt am Main. It will not do mentioning here all academic honors bestowed on Peter Landau. His membership of the Bavarian Academy of Sciences led him in 1986 as their representative to the board of directors of the Monumenta Germaniae Historica (MGH), a role he had until 2014. In 1987 he became a professor of law at the Ludwig-Maximilians-Universität München in the surroundings of the Leopold-Wenger-Institut für Rechtsgeschichte. His major role in the field of research concerning medieval canon law is clear from his presidency of the Society for Medieval Canon Law (1988-2000) and his presidency of the Stephan-Kuttner-Institute of Medieval Canon Law since 1991.

In Munich

When you look at the list of Peter Landau’s publications, even when only updated until December 2014, the years in Munich gave him the space and time for many publications despite a growing number of other tasks and duties. In July 1992 Landau hosted the quadriennial International Congress of Medieval Canon Law. By chance I had planned to work in Munich for my own thesis in June 1992. Even during the weeks of preparation for this congress other things continued as well. I attended the seminar Landau held on Anglo-American legal philosophy. I remember helping the staff with sending out by post the final congress mailing. The congress was a great event, not just a chance to meet people, but also a gathering of scholars from different disciplines all bringing their light on medieval canon law.

Rather unexpectedly the Institute of Medieval Canon Law had to move from Berkeley, and in 1995 Munich was chosen as its new home. At a meeting in May 1995 with Peter Landau he asked me whether I would like to help with the new start of this research institute, and in particular with creating again a functioning library with the scholarly collection of Stephan Kuttner. Early 1997 I came to Munich to start with this task. Imagine yourself surrounded by hundreds of large boxes, many of them containing books, others offprints, letters and microfilms! Peter Landau set the direction of the things to do and just as important, he showed his confidence in me. His connection to the MGH helped to get quickly support from its library staff in creating an electronic catalogue. He urged me to attend also a seminar of his colleagues in the Abteilung A of the Wenger Institute, by any account Germany’s focus of research into Roman law. One of the most amazing things about Peter Landau was his absolutely marvellous ability to change focus and to go straight to the matters at hand, be they the very heart or important details. He smiled when his secretary Hille Sachtler gave him his daily map with letters to sign. Details about conciliar canons and papal decretals were literally within his reach in his large office lined with walls of files concerning legal collections and about ongoing research projects he was involved in.

Creating critical editions of important texts in the field of medieval canon law is one of the most urgent needs in this field, but also an often daunting task, even for the experts of the Kuttner-Institute. Peter Landau edited with the late Rudolf Weigand and Waltraud Kozur a late twelfth-century summa, Magistri Honorii Summa ‘De iure canonico tractaturus’ (3 vol., Città del Vaticano 2004-2010). He saw the completion of another summa edition, again with Weigand, Kozur, Martin Petzolt and Karin Miethaner-Vent and others, of the Summa ‘Omnis qui iuste iudicat’ sive Lipsiensis (5 vol., Città del Vaticano 2007-2018). The presence of these editions is among the most important developments in the field of ongoing research into medieval canon law.

You will soon be aware of the sheer width of Landau’s scholarly interest when you look at the different subjects and periods he addressed in his publications. The number of journals he contributed to is impressive in itself. It is a surpise to note his article on ‘Karl Marx und die Rechtsgeschichte’, Tijdschrift voor Rechtsgeschiedenis 41 (1973) 361-371. A number of his articles concerning canon law have been reprinted with updates in the volume Kanones und Dekretalen. Beiträge zur Geschichte der Quellen des kanonischen Rechts (Goldbach 1997). You can find his contributions on many more themes in the volume Europäische Rechtsgeschichte und kanonisches Recht im Mittelalter. Ausgewählte Aufsätze aus den Jahren 1967 bis 2006 (Badenweiler 2013). Last year a volume appeared with 40 articles showing also his interest in German law of the two last centuries [Deutsche Rechtsgeschichte im Kontext Europas (Badenweiler 2018)]. He was the editor and co-editor of a number of volumes with articles on a variety of themes. His book on the foundations and history of Protestant church law shows another theme of his publications, Grundlagen und Geschichte des evangelischen Kirchenrechts und des Staatskirchenrechts (Tübingen 2010)Catholic Bavaria proved to be a most welcome and respectful home for the Protestant Landau.

Peter Landau showed his interests in many ways. His time was precious indeed. Very often he succeeded in asking immediately the right questions. It is reassuring to know he readily made time free for a beer in a nearby Biergarten when guests left Munich after a research visit. While reading my musings I noticed that I left out some very personal memories of Peter Landau which I really like to keep private, but I can assure you they show him at his most helpful. Let’s remember Peter Landau for his energy, his vision for the study of medieval canon law, his legacy as a teacher and a prolific author. In him we have lost a man of many qualities.

 

Ordinances and the book trade of the Dutch Republic

Some periods in history pose the problem of being too familiar. The Roman Republic, the Italian Renaissance, the Dutch Republic, the French Revolution and the Second World War are among the obvious examples. Sometimes scholars proclaim they can offer radical new interpretations of a period and its major developments, but often their studies reach this goal only to a limited extent. In this post I will look at a book focusing on one particular trade in the Dutch Republic. The authors make a fine case to put the book trade and the role of printed works at the very heart of the Dutch Golden Age, the seventeenth century. Andrew Pettegree and Arthur der Weduwen studied in The bookshop of the world. Making and trading books in the Dutch Golden Age (New Haven, CT, 2019) not only the beautifully produced books now found in libraries, but also ephemeral prints, such as pamphlets and ordinances, which were less likely to survive. Pettegree and Der Weduwen visited numerous libraries and archives to trace these sources, and they point to resources showing traces of books now lost. Their work touches directly on Dutch legal history, enough reason to create space here for their stimulating study.

Ongoing research

Logo STCN

In March Pettegree and Der Weduwen, both working at the University of St. Andrews in the team for the Universal Short Title Catalogue (USTC), visited the Netherlands. Apart from giving lectures and doing research in a number of archives and libraries, they acted as keynote speakers at an afternoon on March 28, 2019 about the Dutch Short Title Catalogue Netherlands (STCN) held at the Royal Library in The Hague. The STCN set standards for a high-level description of Early Modern printed works, putting the lessons of analytical bibliography into practice. Initially newspapers, broadsheets and pamphlets were excluded from the STCN, and also in particular academic dissertations. The USTC started as a bibliography for books printed in France during the sixteenth century, but it has opened its nets for all printed works from incunables up to the year 1700.

In The bookshop of the world the authors advance well beyond the commonly held view of the Dutch Republic as a country with Europe’s most active and most respected printers catering for the whole world. Their research into printed works which in a number of cases survive in unique copies leads them to the assertion books formed only one-quarter of the printed works in the Dutch Republic. Newspapers, pamphlets, ordinances and foremost very ordinary simple books for daily use take the lion’s share of the production and trade in printed works, and more than that, these works provided printers and publishers with regular work and stable profits.

Pettegree and Der Weduwen bring this new book and its bold claims as a synthesis of a number of studies they published in the last ten years. A number of volumes with essays edited and co-edited by Pettegree function as substantial building blocks, for example Broadsheets : single-sheet publishing in the first age of print (Leiden 2017) and with Flavia Bruni Lost books. Reconstructing the print world of pre-industrial Europe (Leiden 2016), the last volume also available online in open access. Earlier Pettegree published with Malcolm Walsby the bibliography Netherlandish books : books published in the Low Countries and Dutch books published abroad before 1601 (2 vol., Leiden 2011). Der Weduwen is known for his study Dutch and Flemish newspapers of the Seventeenth Century, 1618-1700 (2 vol., Leiden 2017). It is hardly conceivable how a similar synthesis could be written without detailed studies on these subjects. Among Pettegree’s other books I must at least mention The book in the Renaissance (2010) and The invention of news. How the world came to know about itself (2015). The idea for the book about Dutch books can remind you also of a collection of his own articles Pettegree published in 2007, The French book and the European book world.

The main sources to support the claims of Pettegree and Der Weduwen are themselves products of the vibrant Dutch book trade. In the late sixteenth century Dutch book traders independently created book auctions, accompanied by auction catalogues, as a new phenomenon of the European book trade. Dutch publishers early on included advertisements in the newspapers the printed, including announcements of new books and book auctions. Some very popular books were reprinted almost every year. However, in some cases we know about them only because they figure in an auction catalogue which mentions one or two editions or in the stock catalogues some publishers issued, yet another new medium. Pettegree and Der Weduwen realized how city councils paid for ordinances printed as broadsheets to be fixed at public buildings, thus offering to printers a reliable source of income. Almanacs, prayer books and catechisms, other religious works and all kinds of manuals may not have survived the centuries in large numbers, but these often small-sized works helped printers and publishers to survive. Printing a too large or a too small number of copies of a work catering for a more educated public might well ruin a firm or hamper its functioning for many years. Some inventories exist which show the large number of unsold books and paper stocks with many thousand sheets in the shops of printers who went bankrupt. Such numbers of sheets allow for extrapolating the annual number of books printed in the Dutch Republic. I do not want to spoil your reading with the actual number offered by the two authors!

An archival turn

The bookshop of the world is a fascinating book, not only for its views on the Dutch book trade, but even more for its vision of the Dutch Republic in which printed works formed a key element in communication. While reading the explanations of political developments and events in the seventeenth century time and again I marvelled at the natural way they underlined the important role of printed works. II even started wondering if this had been presented ever before in such a convincing way, yet based on painstaking and often daring research.

At Het Utrechts Archief a project for the description of some 5,000 Early Modern ordinances issued by the city of Utrecht and the States of the province Utrecht was finished in December 2017. It is more sensible to search for ordinances in archives, but as long scholars researching the Early Modern print world focused on books they first and foremost visit libraries. Archives would more readily make efforts to create finding aids for archival collection than spend money, time and expertise on describing pamphlets and ordinances. Not only ordinances were printed separately, resolutions of the Staten-Generaal and other States appeared thus in print. Last year the Huygens Institute / Institute for Dutch History in Amsterdam started the project REPUBLIC to digitize all early Modern resolutions of the Staten-Generaal. In 2018 Annemiek Romein (Erasmus Universiteit Rotterdam and Universiteit Gent) started blogging at Bona Politia about her project to create better access to Dutch legislation in all its forms during the Early Modern period.

Logo Trinity College Dublin

Pettegree and Der Weduwen did visit numerous archives and libraries all over Europe searching for copies of known printed works and copies of unrecorded editions, and they will continue to pursue the path of personal inspection. It is difficult to highlight any institution with unexpectedly rich Dutch collections, but I think legal historians will want to know about the Fagel Collection held at the library of Trinity College Dublin. In 1802 this library succeeded in buying en bloc the library of Hendrik Fagel (1765-1838). Fagel, the last of an illustrious line of griffiers, heads of the chancery of the Staten-Generaal, had to sell his voluminous private library built by him and his ancestors since the 1670s. Whether you look at his books, the ordinances, the pamphlet collection or the maps the riches are astonishing. At least 500 pamphlets in Dublin are not recorded anywhere else. The volume edited by Timothy R. Jackson, Frozen in Time: the Fagel Collection in the Library of Trinity College Dublin (Dublin, 2016) can tell you more about this private library, and the generous bibliography on the website of the Fagel Collection offers you still more.

Some reflections

At the meeting around the Short Title Catalogue Netherlands in March both the staff of the STCN and the USTC emphatically encouraged people to send their thoughts and comments about these database directly to them by email. I cannot and will not hide my enthusiasm about The bookshop of the world which rightly has been published also in a Dutch translation {De boekhandel van de wereld. Drukkers, boekverkopers en lezers in de Gouden Eeuw (Amsterdam 2019)], but of course it is possible to make some remarks. There is a clear need to be aware of the different qualities of the STCN and the USTC. Pettegree and Der Weduwen applaud the high standards of the descriptions in the STCN. Such information makes it possible to distinguish clearly between editions, editions with only a changed title page and new editions. In this sense the USTC and comparable catalogues need the power and skills of analytical bibliography. In its turn the USTC has started to become a truly universal catalogue for printed work published in Europe between the start of printing in the mid-fifteenth century and the year 1700. The original cores of the USTC are the two bibliographies of sixteenth-century French editions, French vernacular books : books published in the French language before 1601, Andrew Pettegree, Malcom Walsby and Alexander Wilkinson (eds.) (2 vol., Leiden, etc., 2007) and Books published in France before 1601 in Latin and languages other than French, Andrew Pettegree and Malcom Walsby (ed.) (2 vol., Leiden, etc., 2012). USTC casts its nets now considerably wider, but this would be unthinkable without such large-scale bibliographies produced over the years.

Logo STCV

At the meeting in March Steven Van Impe (Hendrik Conscience Erfgoedbibliotheek, Antwerp) told his public about the way the Short Title Catalogue Vlaanderen (STCV) is not just the Flemish counterpart of the STCN, not just a little sister doing a sister act, as he put it. From the start the STCV did not only include books, but also newspapers, broadsides and pamphlets. This was simply more feasible for the STCV because even now the total number of entries is after twenty years just below 50,000, whereas the STCN has a total content of closely to half a million works. The STCV publishes an online version of its manual for book description, and there is a yearly series of four seminars with each time fifteen participants willing to become bibliographers of Early Modern printed works. Thus the STCV team trains both scholars and staff members of institutions with relevant holdings in contributing to the STCV. In my view this training program is exemplary.

Among other things to note is the fact Dutch ordinances in the Early Modern period were printed from 1600 onwards which makes it much easier to read them. The excuse of not being able to read such legal resources is simply wrong. For such printed works it is now increasingly possible not to plod in a library through unwieldy printed volumes which sometimes lack sufficient indices or offer only a selection of ordinances. Instead it is wiser to go to an archive, ask for their copy of a publication with Early Modern ordinances and use their library to find editions of individual printed ordinances. You will appreciate the difference between reading an often much later edition of an ordinance, and handling the original edition, sometimes even in either a broadside or pamphlet format. You might imagine yourself listening to the city crier announcing the latest rulings, hearing them read by the vicar in your village church after the Sunday service or pushing with your elbows to get in front of the newest ordinances posted at the city hall or elsewhere in town.

A book with nearly everything?

Only when I had almost finished reading The bookshop of the world I noticed some omissions. The first concerns our knowledge about the books and book collections of women. The authors have not encountered any auction catalogue or other sources showing a woman’s book collection. It is possible to point to at least some catalogues pertaining to books held by Anna Maria van Schurman (1607-1678), the first female student at Utrecht University who became a polyglot author corresponding with many scholars. In Utrecht she lived for many years literally next door to theologian Gisbert Voetius, well known for his opposition to Descartes. PIeta van Beek succeeded with support from Joris Bürmann in her study ‘Ex libris’. De bibliotheek van Anna Maria van Schurman en de catalogi van de Labadistenbibliotheek (Ridderkerk 2016) in tracing six catalogues concerning her books and the collection of the Labadist sect she had joined in 1669. Van Beek edited the texts of the catalogues and even added images of two catalogues. The library of The Grolier Club in New York owns five of these very rare catalogues. Van Beek suggests when Anna Maria van Schurman left Utrecht in 1669 for Amsterdam to follow Jean de Labadie she probably asked a theology student to get her books auctioned under his name [Catalogus variorum & insignium librorum praecipue theologorum D. Aemilii à Cuylenburg (…) (Utrecht 1669; copy Wolfenbüttel, Herzog August Bibliothek)]. Two auctions with books from the Labadists took place at Altona, and thus they can escape scholarly attention when you search only within the Dutch Republic. It is perhaps useful to note here you can search freely even without licensed access to Book Sales Catalogue Online. You can even see some images of the books you find. This exceptional case confirms in particular how you must cast your nets as widely as possible to ascertain facts about Dutch book printing and ownership.

The second omission I noticed touches on the publication of legal works. In chapter 12 concerning the printed publications of people trained at university level theology and medicine get more attention than jurisprudence. Pettegree and Der Weduwen flatly state legal works in print were mostly imported from abroad, which is basically a correct statement for works in Latin, and that only few Dutch lawyers published their works in the Netherlands. Here it seems the authors did not notice for example the series Bibliografie van hoogleraren in de rechten (…) concerning the works published by professors of jurisprudence at a particular Dutch university, for which you can even find two volumes online (PDF), the Bibliografie van hoogleraren in de rechten aan de Universiteiten van Groningen en Harderwijk tot 1811, B.S. Hempenius-Van Dijk et alii (eds.) (Amsterdam 2013) and Bibliografie van hoogleraren in de rechten aan de Utrechtse Universiteit tot 1811, edited by Margreet Ahsmann, Robert Feenstra and Corjo Jansen (Amsterdam, etc., 1993). They could have used also Douglas Osler’s Catalogue of books printed in Spain, Portugal and the Southern and Northern Netherlands from the beginning of printing to 1800 in the library of the Max-Planck-Institut für Europäische Rechtsgeschichte (Frankfurt am Main 2000).

Title page of Willem van Alphen, “Papegay ofte Formulier-boeck van alderhande requesten (…)”, 1642 – copy Ghent, University Library

You can search for the works of Dutch legal authors of the seventeenth century in the STCN such as Paulus Voet, his son Johannes Voet, Arnoldus Vinnius, Antonius Matthaeus II and III, and others, and make up your mind about their presence. Surely it makes sense to distinguish between works on Roman and natural law, and publications about Dutch law, both in fact these authors often published about both subjects. Pettegree and Der Weduwen are right to look in this study in particular for the more popular works that were less likely to survive in libraries. Recently I looked at the models for legal actions at court compiled by Willem van Alphen, secretary of the Hof van Holland in The Hague, in his Papegay ofte formulier-boeck van allerhande requesten (…) (first edition The Hague: for J. Verhoeve, 1642; online, Ghent University), a book reprinted four times during the seventeenth century. In 2017 I have written here about the books written by Simon van Leeuwen, not a university professor. The STCN currently has some 4,560 titles from the seventeenth century with the subject code Law, and this figure should be viewed in the light of its overall total of printed works.

Let these remarks not stop you from benefiting from an important and most readable study! Some attention to legal books serving the needs of the ordinary notary or barrister would have completed Pettegree’s and Der Weduwen’s most readable and convincing vision of the Dutch Republic as a country with an explosion of printed works exerting influence at any level, and some major innovations in the world of books. Law and jurisprudence were part and parcel of this society which thrived on communication in print.

A postscript

On December 5-6, 2019 a conference will be held in Liège on Printing and disseminating the Law in the Habsburg Netherlands, the Dutch Republic and the Prince-Bishopric of Liege in the Early Modern period (16th-18th century). The call for papers is out, with as deadline June 30, 2019. You can send your proposals to Renaud Adam and Nicholas Simon.