Sometimes a word evokes almost automatically an association with a distinct historical period. The word inquisition is first and foremost linked with medieval Europe. On this blog and website I explain why speaking about the inquisition is misleading. In Early Modern Europe the Spanish and Italian inquisition received most attention from historians, but in Italy you have to distinguish between Rome and Venice. Recently the project TraPrInq started for the transcription and study of records of the inquisition in Portugal between 1536 and 1821. The project is accompanied by the blog e-Inquisition hosted by the international Hypotheses network. In this post I will look at the plans of the project team and its importance for studying both Portuguese and Brazilian history.
Records from four centuries
The blog for TraPrInq itself show nicely how much this project is in a starting phase. While preparing this post its layout changed. At the blog a concise presentation of the project is offered in French, Portuguese and English. The core of the current team is the Centro de Humanidades (CHAM) at the Universidade Nova de Lisboa. Alas I could not find any information about this project running in 2022 and 2023 at the website of the CHAM. However, it is stated TraPrInq is connected with an earlier CHAM project on censorship and the Portuguese inquisition. One of the main objectives is to create transcriptions of court records using the Transkribus technology, discussed here earlier in a post about Early Modern ourt records and legal consultations in Germany. In fact Hervé Baudry, the blog editor, is responsible for the Transkribus model for Latin-Portuguese print from the seventeenth century. By the way, this and other models are also present for free use without registration at the recently launched platform Transkribus AI.
As for now 140 records have been transcribed, good for some 190,000 words, a fair base for a HTR (Handwritten Text Recogniition) model in Transkribus. I was somewhat mystified by the utter absence of information about the actual location of the records to be transcribed and studied. The clue for a unmistakable identification is the fact the records stem from a tribunal with jurisdiction both in Portugal and Brazil. The Arquivo Nacional da Torre do Tombo (ANTT) in Lisbon is the holding institution. It is not a bad idea to start with one of its four virtual exhibitions concerning the inquisition in Portugal. preferably with Inquisição da Lisboa online telling you about the nearly 20,000 registers for which 2,3 million digital images have been put online. The ANTT has within the archive of the Tribunal de Santo Oficio (TSO) records of the Inquisição de Lisboa (IL). The scope note and inventory in Portuguese of this archival subfonds is available online at the :Portuguese Digitarq portal. Series 028 contains the processos. Digital images of documents are directly linked to numerous items.
Perhaps due to my unfamiliarity with the Portuguese inquisition I tried to look a bit wider for information about its archival traces. The wiki of FamilySearch brings you only to records for a few years digitized earlier and available at SephardicGen. The online inventory of the ANTT is mentioned by Family Search, but not the inclusion of digitized records. It is a nice exercise to compare versions of the relevant Wikipedia articles in English, Portuguese and Spanish, in particular for their bibliographies and linguistic preferences. Luckily I found a special of the Brazilian journal Politeia: Historie e Sociedade 20/1 (2021) with a Dossiê Temático Tribunal do Santo Ofício Português, 200 anos após extinção: História e Historiografia opening with a contribution by Grayce Mayre Bonfim Souza about the archive of the Tribunal do Santo Oficio.
No doubt more information about the TraPrInq project will soon appear at the e-Inquisition blog and at the website of the CHAM, in particular concerning the progress at Transkribus of the creation of the new HTR model for Portuguese Early Modern script and the location where transcriptions will become available online for the wider scholarly community. Thanks to this transcription project the records of the Inquisição de Lisboa will surely show more of their rich content touching many parts of the Early Modern world. The combination of a detailed inventory, digitized images and digital transcriptions will make it possible to ask different questions. This project shows at least the very real need for trained palaeographers, but I am sure the knowledge of legal historians, too, will be necessary to tap this wealth of information.
Even when you are interested in totally different subjects in medieval history emperors, kings and popes attract your attention. Their power and authority make them a natural focus for research, also because the most powerful people and institutions leave a rich track in archival records and manuscripts. Upheavals such as wars, fires and revolutions destroyed parts of this legacy in parchment and paper, but a massive amount of information has survived five or more centuries. The papal curia is rightly seen as one of the earliest and most active medieval bureaucracies. In 2019 the Vatican archives received a new name, Archivio Apostolico Vaticano (AAV) instead of the familiar Archivio Segreto Vaticano, a term which could led people to believe enormous secrets still await discovery. In my view the sheer number of documents, the challenge of languages, medieval scripts and intricate legal matters form the real barrier for abundant use of this archive in a class of its own. In this post I will look at the ways medieval papal registers are now made accessible in print and online. However, it is necessary and useful, too, to look also at least briefly at ways to find documents held at the AAV.
This post is also meant as a salute to the upcoming XVIth International Congress of Medieval Canon Law, to be held at St. Louis, MO, from July 17 to 23, 2022, and as a service to anyone interested in studying pivotal documents for the study of papal history and medieval canon law. For a real understanding of the documents mentioned here it will not do to merely having a glance at them, you will need to immerse yourself into them, and this will enrich you.
In this post the focus will be on access to the original documents, and much less on projects with databases for papal documents. A number of databases and projects for medieval charters is presented in a recent post.
Finding papal registers from the Middle Ages
Two years ago I stated in a post about digital resources rather flatly you cannot find any online inventory at the website of the AAV. This was not entirely true. In fact the four series of medieval papal registers are the very exception to my observation. I had better give you immediately the links to the inventories for these series:
These inventories can be found in the section for publications of the AAV website. I had not realized that the lists with the contents of the four cd-rom sets give you in fact at least a partial inventory of these registers. The cd-roms are only available at research libraries and cannot be accessed worldwide online. You will notice with me these four inventories seemingly do not list all registers of the four series, and I will come back to this fact quickly. For your convenience the overview of papal registers in chronological order by pope from Innocent III to Benedict XIII offered by the Centre Pontifical d’Avignon is very useful.
The modern editions of papal registers from the thirteenth and fourteenth centuries form the core of the subscription-only online resource Ut per litteras apostolicas hosted by Brepols. The overview of the Brepolis resources portal gives you a useful concise list of the modern editions published by French scholars since the late nineteenth century. In a period with no or very limited physical access to libraries I felt hard pressed to find a list of these editions in print. My copy of Raoul van Caenegem and François Ganshof, Encyclopedie van de geschiedenis der middeleeuwen (Ghrnt 1962) s a bit old: This first edition in Dutch contains relevant information at pages 211 to 215. Somewhat newer is my copy of Winfried Baumgart, Bücherverzeichnis zur deutschen Geschichte. Hilfsmittel-Handbücher-Quellen (12th ed., Munich 1997) with information on pages 170 to 173. The information given by Olivier Guyotjeannin, Jacques Pycke and Benoît-Michel Tock (eds.), Diplomatique médiévale (Turnhout 1993) at pp. 333-338 contains less details for the two major French edition series, but the editors send you rightly to the book of Thomas Frenz, Papsturkunden des Mittelalters und der Neuzeit (Stuttgart 1986).
On April 24, 2021 Yvonne Searle published a valuable post with links to various resources with editions of medieval papal documents. The editions of papal registers from the thirteenth and fourteenth century form just a section of her contribution. For these editions she points mainly to versions in the Internet Archive and the Hathi Trust Digital Library. I hesitated to add here for a number of these registers links to Gallica and Princeton Theological Commons, but it would have been repeating a job already sufficiently well done.
Not only for English readers you might sooner or later, but preferably as soon as possible turn to the guide by the late Leonard Boyle, A survey of the Vatican Archives and of its medieval holdings (Toronto 1972; new edition 2001). Almost seventy pages of this book deal with medieval papal registers. Even a cursory reading of these pages should make you aware of the danger of any superficial approach of these registers. The general remarks in my post should be seen in the light of Boyle’s detailed explanations and telling examples. As a student I was explicitly told to read first this classic guide before going to Rome or Vatican City. His book should for once and all teach you the fact you need to know not only about the inventories or the editions, but also use every reliable guide you can find. Just reading Boyle’s remark that some Avignonese registers have been placed among the Registra Vaticana and vice versa should serve as a wake up call. For English readers his remarks about the contents of the various calendars created in England from papal registers are a must read. Instead of going blissfully unaware to digitized calendars at the British History portal reading Boyle’s explanations should alert you to many things concerning the study of papal registers.
Guidance to records of the medieval papacy
Far more voluminous than the surprisingly concise guide offered by Boyle is the guide created by Francis Blouin et alii (eds.), An Inventory and Guide to Historical Documents of the Holy See (Oxford 1998). First of all this fruit of the Michigan project (1984-2004) goes beyond the AAV also to other archives in Rome. There is an online version of Blouin’s guide at ArchiveGrid showing introductions to many hundred archival collections, including to the series with papal registers from the High Middle Ages. You can also benefit from the 2019 edition of the Indice dei Fondi e relativi mezzi di descrizione e di ricerca dell’Archivio segreto Vaticano is available online (PDF). The concise introduction to medieval papal records offered at the website of the Vatican Film Library should be mentioned here, too.
For studying records of the medieval papacy there is a wealth of scholarly literature. Some most useful basic introductions to the most important relevant works can be found in the section Analyzing Sources of the multilingual Swiss history portal Ad fontes (Universität Zurich). Searching for relevant scholarly literature is much helped by the online bibliography of the Regesta Imperii project in Mainz. The Regesta Imperii lists among its publications also the volumes of Papstregesten, systematic summaries of papal charters for the period 800 to 1198, an important help in studying this resource. An online resource in Munich, the Bibliographischer Datenbank Historische Grundwissenschaften, can be helpful, too, for finding literature. Both the database in Mainz and Munich can be searched with keywords (Schlagwort), the Munich database only in German. The portal LEO-BW (Landeskunde Entdecken Online-Baden Württemberg) has within its Südwestedeutsche Archivalienkunde [Archivistics for South-West Germany) in the section on charters (Urkunden) an illustrated introduction to papal charters, Papsturkunden by Anja Thaller. She points to online resources and mentions literature on several aspects.
Finding digitized papal records and manuscripts
In the compass of just one blog contribution it would in the end not help much to put in here literally everything. At my legal history website Rechtshistorie the page about canon law mentions a fair number of online projects concerning the medieval papacy. Over the years I have written here several posts on documents and manuscripts connected with the medieval papacy. In 2016 I published for example a post about the Palatini, the manuscripts originally from the library of the dukes of the Pfalz in Heidelberg brought to the Vatican Library in 1623 and now being digitized. Some manuscripts returned to Heidelberg, others remain in Vatican City.
Finding digitized manuscripts in the Vatican Library is easy thanks to the portal Digital Vatican Library. Perhaps it is more surprising to find also digitized archival records of the papacy at this portal. In my 2020 post about the 1352-1358 interdict on the city of Dordrecht I mentioned a number of digitized source editions, not only for the Avignonese papacy, but also for Dutch medieval history and the Vatican. My biographical research into a particularly interesting lawyer connected with the Dordrecht case led me to a latarium, a digitized register of verdicts and fines from the civil tribunal in Avignon (BAV, Vat. lat. 14774). Fourteen lataria ( BAV, Vat. lat. 14761 to 14774) have been digitized. Within the section for archives of this digital library you can find several small archival collections. There are also five notarial registers from Orange. I am quite aware that it might be possible to find more archival records among the digitized manuscripts of the BAV, and I hope to add them here or elsewhere.
It is harder to ding digitized records online from the Archivio Apostolico Vaticano. RegistersIntroitus et Exitus of the Camera Apostolica between 1316 and 1324 (John XXII) 1334 and 1342 (Benedict XII) are the subject of digital editions as part of the project Ressources comptables en Dauphiné, Provence, Savoie et Venaissin (XIIIe-XVe siècle) with medieval accounts from four French regions and the papacy in Avignon and the region around this city, the Venaissin. Here, too, figures a papal register (Reg.Av. 46) among quite different resources, but it contains indeed accounts. In 2020 I thought this edition included also digitized images, but this is not the case.
Sometimes an approach from another direction can be helpful. We are used nowadays to viewing online digitized manuscripts and archival records in full color. The manuscripts digitized by the Biblioteca Apostolica Vaticana show a sometimes irritating watermark. Aaron Macks helps you every week to information about recently digitized manuscripts from the BAV. In former times scholars would often have no choice but to use black-and-white microfilms. The Vatican Film Library at Saint Louis University, St. Louis, MO, offers not only microfilms but also a useful overview by genre of manuscripts at the Vatican Library, an overview of papal registers, and the Metascripta portal for online research with Vatican manuscripts, mainly Vaticani Latini. On the page for medieval law of my website I mention more (digitized) microfilm collections.
A few years ago a team at the Università Roma Tre started the project In Codice Ratio for creating computerized character recognition in order to make possible automate transcription of handwritten text. In this project archival records from the AAV will be transcribed. As for now you can find the data set with the initial input and the ground truth, the set of images and transcriptions with a degree of error free results.
Many roads, many wishes
This post brings you perhaps less than you had expected, but it is longer than I assumed. Originally I planned a post dealing with text editions, digital libraries, inventories and digitized archival records. In the end I am happy I could recently write here about databases with medieval charters, among them papal charters, and in 2020 the papacy at Avignon figured large in a post. Thus the results here are at least less confusing and profuse. However, it was necessary to show indeed the variety of resources and some of the difficulties in using them for historical research, and in particular for legal history. If there had been a clear starting point for using online digitized records at the AAV I would surely have started here with them. The sheer mass of relevant text editions is overwhelming, although the Online Medieval Sources Bibliography is perhaps too generous in adding the label Papacy to many editions. Using multiple resources has as one implication thinking out of the box and working interdisciplinary without much ado. Legal history, too, should not be a confined discipline, a kind of silo as is the current phrase. Our discipline is well placed to question the use of digital resources when you or your students do not have the necessary skills and training to use them to their full extent. Combining such training and experience in using original sources should help you to tap the wealth of digitized medieval sources, and at the same time to be aware of what more can be found, what has been lost and which traces of such lost resources can enrich your research.
Of course I was curious enough to find out quickly more about digitized registers among the manuscripts in the digital Vatican Library. For example, the manuscript BAV, Ross. 733 is a fifteenth-century register of taxes paid for the collation of diocesan sees. However, I should first of all add some registers from Avignon, starting with Vat. Lat 14775 with criminal inquests for the years 1365-1368 (copy in black and white), Vat. lat 14776 and Vat. lat. 14777 with verdicts in civil cases from 1364 and 1372, Vat.lat 14478, 14479 (fragments) and 14780, also from the fourteenth century. The descriptions of these registers clearly lack the word latarium for quick identification and grouping of Vat. Lat. 14761 to 14780.
Klaus Graf alerts at Archivalia to the fact a number of digitized edition of papal registers within the Hathi Trust Digital Library can be reached in open access only from the United States. Thus there is indeed space for another list of digital copies of these editions. Graf points also to some resources from Germany.
This week I received a message about free access to four portals touching the theme of social justice in the USA. Several times I expressed here my wish not to forget themes such as injustice, discrimination, violence and abuse of law. Sometimes good laws can be indeed the remedy to set things right, but alas there are examples where law and justice themselves are the very core and root of evil situations instead of doing what they are meant to do. I seldom discuss here the licensed products of the major firms offering online legal information, not just because they focus on contemporary law, but because access is restricted to those working or studying at universities, research centers and law firms. Many of these products figure prominently in online guides to legal resources, and I do not need to repeat them here.
In 2016 I looked here at some length at the slavery portal of HeinOnline. The same firm has now created a Social Justice portal with free access after registration to four more or less related resources. Apart from the slavery portal legislation about guns, the struggle for human rights and social justice since the second half of the last century, and the Open Society Justice Initiative are available, the latter with a clear focus on contemporary world. In 2018 I looked here at the historic gun laws database created at Duke University, and it is only logical to compare both resources in some detail. Even if a number of these resources are already a few years available it is interesting to look at them here.
Social justice in various perspectives
The four resources now available through the new Social Justice portal are not completely new. Slavery in America and the World was launched in 2016. Gun Regulation and Legislation in America appeared online in 2019. A year later came Civil Rights and Social Justice, and in 2021 HeinOnline launched the digital library for the Open Society Justice Initiative. I could quickly register for combined open access to the four portals
Let’s start here with the resource on gun regulation and legislation in America. This resource is a digital library, and not a database as offered with the Repository of Historical Gun Laws by the team of Duke University. Only a few items date from before 1900, and the vast majority, more than 600 items, date from the period since 1950. In fact it seems this resource takes at its starting point the end of the long period covered by Duke’s database. Here you will find various types of documents, such as congressional hearings, legislative histories, reports of the CRS and the GAO, three periodicals, Supreme Court briefs, and also scholarly articles. The digital library is about relevant regulation and legislation, but not a resource for actual laws, statutes and other legislative acts. You can browse all items and sort them by title, author, date or subject, but you will probably want to use the advanced search mode where you can create sharply defined searches, in particular for document types. The real snag comes with scholarly articles. Being able to sort them in many ways should not hide the fact they are only accessible online to subscribers of the respective legal journals, a thing noted in the introduction. You cannot search these articles with the advanced search mode. Some solace is certainly offered by the bibliography, but alas you can only browse it ordered by title and author.
My first impression of HeinOnline’s resource on gun regulation is that it offers a digital library around gun regulation and legislation documenting legislative history with some additional information, in particular a bibliography. This resource does offer you much in open access, but not everything. I suppose you might be able to find preprint versions of more recent scholarly articles in a number of American institutional repositories, giving you at least the factual information of articles, but not automatically in a legally citable format. It seems to me this resource can be viewed to some extent as the sequel to Duke’s gun laws database, but with a focus on the legal history around laws and regulation. There seems to be room for a similar digital library dealing with pre-1950 legal history, and also for a database containing federal and state regulations in whatever form after 1930. HeinOnline certainly scores with the accompanying LibGuide to this resource. an element visible also without registration, as are a total of currently 65 guides.
The road to civil rights and social justice
The second resource which I would like to present is the portal on civil rights and social justice. The introduction rightly points to the long march, the pitfalls and setbacks during the long and slow march to equal rights, and most specifically to the role played by law and justice. I started using the advanced search mode sorting all items, more than 36,000, in ascending chronological order. Some undated items and items from the 1940s appeared first, followed by publications from 1734 and 1761. With item 100 you reach the year 1846. The main focus of this digital library is the period 1950 to 2000 with some 20,000 items, and it is good to note already some 10,000 items from the current century. Some 7,000 items stem from the Commission on Civil Rights. Some document types are present here as in the gun regulation digital library, but the Statements on Essential Human Rights Archive is a distinguishing feature. By the way, the icon in the advanced search mode pointing to Venn-Diagram Search only helps you to create search strings with AND. There is also a feature to use the FastCase system for subscribers to this system. The scholarly articles here, too, cannot be searched within the advanced search mode, but instead there are five sorting options and just two search fields. I am not familiar with HeinOnline’s subscribed resources, but this seems definitely below its usual standard of searchability. All in all there are some clear blemishes, but Civil Rights and Social Justice is a rich and most interesting resource, and its existence in open access is indeed most welcome. It is a true companion to the earlier slavery portal.
Justice and open society
Living in an open society is easily taken for granted when it looks like all roads are open to you and that you can choose at will what to do and how to live and express yourself. Alas for many people this is not their reality. After looking here at two resources of the new portal, and in 2016 already at the slavery portal, should bring the message home that much needs to be done and much patience is needed in creating and maintaining a stable open society. It is a bit confusing that both the initiative of the Open Society Foundatione and HeinOnline’s digital resource have the same name. Adding the word Publications as on the actual search page would repair this quickly.
This small digital library has a worldwide scope and range. You can select three document types (briefing paper, publication and report). Only after selecting a document type you can put them in a chronological order. Alas only with the latest item you see immediately a publication date. A look at library catalogs and their standard features would decidedly enhance the overview of items. There are currently 45 publications, 127 briefing papers and 126 reports. It is a bit irritating that you have to navigate back to choose another document type. The advanced search mode makes things easier indeed.
Before you think I am just in a grumbling mood I decided to look for items specifically aiming at my own country within this digital library. There is a 2015 report from the Open Society Justice Initiative (OSJI) and the Dutch branch of Amnesty International on ethnic profiling. These institutions wrote in 2018 a report for the UN Committee against Torture on ill-treatment in the context of counter-terrorism and high-security prisons. OSJI and TRIAL International published together in 2019 a briefing paper on universal jurisdiction law and practice in the Netherlands. As in my 2020 post ‘Against racism, for justice’ it is sensible to look first at your own country or situation before trying to assess the situation elsewhere. Seeing these three publications is a sobering thing for me.
Commercial core business and additional open access
How should one look at the open access activities of HeinOnline? Answering this question is not a straightforward thing to do, at least not for me. I suppose similar firms have their own open access products as well, but at this moment I can only immediately remember LLMC Digital which since a few years brings increasingly resources in open access for US legal history, both on the federal and state level, and for some other countries, too, at its open access section. Its Civil and Human Rights Law portal offers some documents in open access, but it is mostly a portal, as is the Indigenous Law portal.
However, today my main aim is bringing to your attention the four resources in open access created by HeinOnline, one of them for an institution acting worldwide for the cause of rights making a truly open society possible. HeinOnline has chosen themes connecting the past with the present in a very clear way. I mentioned in particular the good use of the LibGuides system with clear commented information, only lacking the touch of distinguishing with symbols between licensed resources and resources in open access. This seems to me a thing too often neglected in the guides offered by libraries, even after two years of lockdowns and restricted live access to scholarly and cultural heritage institutions. At some points the four resources clearly betray their origin from a firm focusing on contemporary law, sometimes as an advantage and sometimes as an obstacle for historical research. Let’s use them for your own benefit as a researcher, but I think they should indeed enjoy wider circulation as an addition to digital public history.
Tracing the influence of famous lawyers is not a straightforward thing. Some scholars were already famous during their life, others exerted a lasting influence through their pupils or by their published works, sometimes only decades after their death. Reputation can be an obstacle to critical assessment of achievements. The recent publication of a monograph about Jacques Cujas (1522-1590) helps to create a new focus on Cujacius and his importance as a lawyer, professor and legal humanist. On March 28-29, 2022 a conference will be held at Paris with a telling title, Jacques Cujas 1522-2022. La fabrique d’un “grand juriste”. In this post I will look at the congress program and look at some aspects of Cujas’ life and work as foundations for his influence, first in France and later in other European countries and beyond Europe.
The importance of biography
Xavier Prévost (Université Bordaux) is responsible for bringing Cujas into the limelight again in this century. After his voluminous thesis Jacques Cujas (1522-1590), Le droit à l’épreuve de l’humanisme, defended in 2012 in Paris, he published Jacques Cujas (1522-1590), Jurisconsulte humaniste (Genève 2015) and a shorter work Jacques Cujas (1522-1590) (Paris 2018) as a part of the series Histoire litttéraire de la France.
A quick search for more information sheds light on the scale of the commemoration of Cujas’ five-hundredth birthday. The platform France Mémoire has created an online dossier for the 2022 activities around Cujas. The Bibliothèque Cujas, the central law library of the Université de Paris, will launch on March 28 a virtual exhibition about Cujas, a most welcome thing. Obviously the link to the online exhibit does not yet function. The physical exhibition at this library well be on display until June 24, 2022. Prévost will hold a lecture in Paris on the theme “La (seconde) Renaissance du droit romain” on March 17, 2022.
The program (PDF) of the conference on March 28-29, 2022, shows a most sensible approach in several layers which also can be helpful to view other legal humanists in Early Modern Europe in different settings. The local approach contains papers looking at some places where Cujas was active, Turin in the paper by Valerio Gigliotti (Turin) and Toulouse in the paper by Florent Garnier (Toulouse). The section on patrimoine (heritage) has the arts and literature as its subject. Jacqueline Lalouette (Lille) will discuss sculptures of Cujas, and Valérie Hayaert (Warwick) will speak about Cujas and the arts. Literature is the theme in the contribution of Stéphan Geonget (Tours). In the international section the reception of Cujas in Italy, the United Kingdom, Spain and the Dutch Republic will be discussed, with papers by Diego Quaglioni (Trento), John Carins (Edinburgh), Rafael Ramis Barceló, (Universitat de las Illes Balears), and Laurens Winkel (emeritus, Rotterdam). The final section on historiography looks at the representation of Cujas in general history, for example in biographical dictionaries during the Ancien Régime, and of course within the field of legal history, Anne Rousselet-Pimont (Paris) will speak about the place of Cujas in the works of the French arrêtistes. Pierre Bonin (Paris) will discuss dictionaries. Géraldine Cazals (Bordeaux) and Anne-Sophie Chambost (Lyon) will confront the theme of Cujas’ authority, in partciual after the French Revolution.
A very active life
The sheer number of themes at this two-day conference in itself is already interesting. What made Cujas so special among French lawyers? Let’s look quickly at the main points of Cujas’ life. Either in 1520 or 1522 he saw the light of life in Toulouse, He studied law in his home town. After teaching in Toulouse from 1547 to 1554 he did not become a professor in Toulouse, and this started a career which brought him to a number of French cities: Cahors (1554), Bourges (1555-1556, 1559-1565, and 1575-1590), Valence (1557-1559 and 1567-1575). In 1575 he taught briefly in Paris, and outside France he lectured in Turin (1566). In Bourges you can visit the Hôtel Cujas, home since 1875 to the Musée de Berry. The variety of cities and his long stay at Bourges pinpoint the fact that he was not just a great successor to Andrea Alciato who had also taught at Bourges, making it into virtually the main French city for legal humanism.
When you start searching for Early Modern printed editions of his works, for example within the Universal Short Title Catalogue (USTC, St. Andrews) the very first – and quite rare – work called Catalogus legum antiquarum (…) (Paris 1555; USTC no. 154264) has a title showing already the different path he was to follow. A focus on order is clearly visible. Cujas devoted much time to reconstructing the original works of Roman lawyers such as Ulpian. Cujas did not just study the Justinian Digest, Code and the institutes. He published one of the earliest critical editions of the Codicis Theodosiani libri XVI (Lyon 1566; USTC no. 158074). Writing a commentary on the Libri Feudorum was not the next thing you would expect. Among the earliest edition of his De feudis libri V is an edition Heidelberg 1567 (USTC no. 629710). He commented also the Justinian Novellae (first published as Novellarum constitutionum impp. Justiniani expositio (Cologne 1569; USTC no. 678571). Thus Cujas studied the Corpus Iuris Civilis in its full width, but he studied also earlier and later sources for Roman law. He did not bring the first edition of the Basilica, but he certainly drew attention to this importance source of Byzantine law with his Latin translation [Basilikon liber LX (…) (Lyon 1566; USTC no. 154652).
With Cujas you see not just a professor with only interest in Roman law in its original form. Like many other Early Modern law professors he wrote legal consultations and published them, too [Consultationum liber singularis (Cologne 1577; USTC no. 664682)]. However, characteristically he opened his collection with an edition of the Consultatio veteris cuiusdam iurisconsulti, the very editio princeps of this text. I will not mention here any other titles of his works, apart from his Observationes et emendationes, a modest title taken from other humanists expanded in every edition. All in all the USTC gives references to some 180 editions of Cujas’ works, most of them published after his death in 1590. Of course this is just an impression of Cujas’ printed legacy: The USTC stops at 1650, and searching in for example the Heritage of the Printed Book database (CERL) will show you re-editions of his works until the mid-eighteenth century. For Cujas at least four Opera omnia editions exist. It is good to note that Ernst Spangenberg devoted many pages of his study Jacob Cujas und seine Zeitgenossen (Leipzig 1822) to a detailed bibliographical overview of Cujas’ published works.
Cujas taught scholars who became famous in their own right, too. Jacques-Auguste De Thou, Josephus Justus Scaliger, Jacques Labitte, Antoine Loysel, Pierre Daniel, Pierre Pithou and Étienne Pasquier are just some of them. Through Pierre Daniel some of Cujas’ manuscripts came in the hands of Jacques Bongars (1554-1612) whose large library eventually arrived at the Burgerbibliothek in Bern. You might jump to the conclusion all these men occupied themselves mainly with either law or Classical Antiquity, but for example Antoine Loysel (1536-1617) studied in particular French customary law. Étienne Pasquier (1529-1615) was a poet, but also a member of the royal Chambre des comptes.
Influence beyond borders
A Dutch and even Utrecht connection with Cujacius is mentioned by the indefatigable Danish historian Jen Jensen Dodt van Flensburg (1800-1847) who devoted so much energy in unlocking sources for the history of Utrecht. In his article ‘Doctoraal diploma, door Jac. Cujacius in 1586 verleend aan Everard van de Poll, Utrechtenaar’, Bijdragen tot regtsgeleerdheid en wetgeving 5 (1830) 67-69 – online at Delpher – he gives the text of the doctoral degree conferred by Cujas in Bourges to Van de Poll (died 1602). later on the advocate of the States of Utrecht, a benefactor of the city Utrecht with his workhouse and the posthumous gift of his library to the city library, eventually part of the collections of Utrecht University Library. Interestingly this text also mentions Bernardinus de Monte Valdone (died 1618), a student from The Hague, who later on served as the advocaet-fiscael of the Hof van Utrecht, the provincial tribunal. Dodt wrote more about Cujas in another article for the Bijdragen tot regtsgeleerdheid en wetgeving 6 (1831-1832) 1-33.
In Cujas we see a scholar aiming not only to find out about the original order of Roman law, but also preparing new approaches to contemporary law by reinvigorating the study of Roman law, and inspiring numerous students to follow the paths of both law and history as twin subjects. Cujas was able to inspire his own students and later generations with his wide knowledge and deep insights. No wonder he defies easy labeling, and this invites scholars since four centuries to look at his achievements and legacy from many perspectives. The sixteenth century saw in France a galaxy of legal humanists, each of them with distinct qualities taking part of the emerging Republic of Letters, and influencing much else, too, in politics, government and the development of law and justice in their age. Studying legal humanists helps you to rethink approaches of legal history for our time, too.
In some cases it can be very hard to find the right words for a post about a particular subject. Luckily announcing a new journal is a different matter! A few weeks ago the Journal for Digital Legal History has been launched by the Universiteit Gent on its platform for scientific journals in open access. The editors-in-chief of the new journal are Dirk Heirbaut, Annemiek Romein and Florenz Volkaert. Among the seven members of the editorial board are for example Andreas Wagner, officer for digital humanities at the Max-Planck-Institute for Legal History and Legal Theory in Frankfurt am Main, and Stephen Robertson (George Mason University). Familiar names in the advisory board are Serge Dauchy (Lille), Thomas Duve (MPILHLT), Heikki Pihlajamäki (Helsinki) and Dave de Ruysscher (Tilburg).
In their opening statement the editors-in-chief explain the need for a journal devoted to digital legal history as a wish expressed by several scholars during the COVID-19 pandemic. Last year at the online digital legal history conference in March 2021 organized by the MPILHLT – reviewed here – scholars from Ghent did not hesitate to mention their wish to create and host a new journal with this particular focus. Other journals might devote more or less regularly space for articles on digital legal history, but creating a special platform is indeed welcome and sensible, too. Not just subjects touched by both legal history and digital humanities should get space in the JDLH, but digital methods, too, need to be presented, reviewed and discussed. Scholars are in particular invited to bring new approaches and widen the horizons of legal historians at large. Scholars willing to act as reviewers of digital projects are also invited to contact the editorial team.
Creating a journal is a sign of the willingness to create a part of the scholarly infrastructure that will help to lay sure foundations for any new discipline. It expresses also the seriousness of scholars devoting their creativity, curiosity and other scholarly qualities. Digital legal history is not a passing hype or whim. There is all reason for reflection on the digital turn and its impact on doing legal history in our days. It is up to all scholars with an active interest in digital legal history to contribute not only to this field in the ways they see fit, but also to help establishing this journal as a clear point of reference for this discipline. My best wishes for the future of the Journal for Digital Legal History (@DigiLegalHisto)!
After the Second World War Europe had for decades no wars within its borders. The wars devastating the former Yugoslavia ended a period of peace, and after the war in Kosovo yet another peaceful period came which has now been broken. The Russian invasion of Ukraine has started an uncertain period. Assessing the facts about the war is difficult, because truth is the first victim of war. What can you find online about the history of Ukraine, Russia and Eastern Europe to study sources for the history and cultural heritage of peoples and nations involved and connected with them? In this post I will look at a number of archival guides, digital archives and libraries, and guides to cultural heritage. Some websites cannot be reached currently. Although I provide information about many archives and digital libraries on my legal history website it took me some time to bring things here together and to update my concise descriptions of resources. Even if this post does not bring consolation or help, it helps to focus attention to some matters that ere particular urgent.
In view of the vast dimensions of the digital world it is really silly to think you can find anything with one search engine, let alone with the algorithms of the Great Firm. Guides and web directories are not a thing we used only twenty years ago for good reasons, they still can be enormously helpful. Such guides are vulnerable for technical problems and difficult long term maintenance, especially when projects have to be integrated into normal core practice and functioning. Sometimes administrators and managers fail to see the unique value of what seems to them an obsolete legacy from the past century. The lifespan of digital projects can be relatively short. In some cases no notice is even given of the end or decommissioning of an online resource.
Let’s look at some European archive portals. Projects may depend on input from others or from the institutions involved. In the archival directory of the Archives Portal Europe you can find just one Ukrainian institution. Russia is not represented at all. The archival directory of the Cendari portal does not function currently. The International Council on Archives (ICA) has plans for an online directory, but in April 2020 the initiative The Archives and Records are Accessible was launched providing you with an interactive map of archives worldwide. This map shows some forty archives within Ukraine. It seems that almost every archive with a subdomain on the web domain of the Ukrainian government cannot be reached right now, except for the Central State Archive of Public Organizations in Ukraine (CDAGO) in Kyiv. Among its holdings is the archive of the communist party in Ukraine. There is an overview of the archival collections at the CDAGO.
ICA has created a directory of institutions all over the world with resources on literature and art. For Ukraine there is no entry in this directory. By the way, since 2018 ICA has a disaster relief fund.
In my view the most useful archival guide for Ukraine is offered online by the German Bundesstiftung zur Aufbearbeitung der SED-Diktatur (Goverment Foundation for the Critical Appraisal of the SED-Dictatorship) in its Vademecum-Reihe, a series of thirteen guides for the history of certain European countries and regions in the twentieth century. In 2008 appeared the Vademecum-Contemporary History Ukraine. A guide to archives, research institutions, libraries, associations and museums, edited by Georgiy Kasianov and Wilfried Jilge (PDF, 0,7 MB). The description of archives is fairly extensive. The information on museums is more concise, websites are often not mentioned. The section with websites is short but certainly important.
Using the Swiss meta-crawler eTools I could finally trace a digital version of Archives of Ukraine. Guide book issued by the State Archival Service of Ukraine (Kyiv 2012; PDF, 11,6 MB). It can be found at the website of the Ukrainian National Remembrance Institute which brings information online about many subjects in Ukraine’s history in the twentieth century. The guide to Russian and Ukrainian archives of University College London disappointingly offers only very concise information about archives in Russia.
For finding information about Russian archives you can benefit from several guides. With its sheer width the guide for Archives of Russia, Eastern Europe and Eurasia, University of Illinois at Urbana-Champaign, easily stands out. You can use it in combination with the subject guides of the Slavic Reference Service of this university. Alas the guide created by the National Archives of Ukraine cannot be reached at this moment. It is a pity the link of the University of Illinois to its own extensive guide for Ukrainian archives does not function, but within the subject guides you can visit a similar interesting guide for Ukrainian archives. The general introduction to these archives and their history is worth your attention, too. By the way, the University of Illinois has put online The Russian Empire and Soviet Union: A Guide to Manuscripts and Archival Materials in the United States, Steven A. Grant and John H. Brown (eds.) (Boston, MA, 1980) as a database. This guide can be viewed in page view or PDF at the website of the Library of Congress, European Reading Room.
In the following guides the focus is on Russia itself and the former Soviet Union. The portal Access to Russian Archives is part of the TICFIA Project created by Eastview. Luckily you have free access to this guide for federal and regional archives with a search interface in English and Russian. The Russian State Archives offer Guides book search, a database for searching records in a number of Russian archives. It comes with an interface Russian and English, with transliteration option, a most useful thing. Let’s not forget another work in print: For archives in Moscow and St. Petersburg there is the massive guide by Patricia Kennedy Grimsted, Archives in Russia. A Directory and Bibliographic Guide to Holdings in Moscow and St.Petersburg (London, etc., 2016).
Patricia Kennedy Grimsted has created a summarized version of the information for Ukrainian archives taken from ArcheoBiblioBase. For this database her monograph Archives and Manuscript Repositories in the USSR, vol. 3: Ukraine and Moldavia, I: General Bibliography and Institutional Directory (Princeton, NJ, 1988) has paramount importance. She is also the author of Trophies of war and empire: the archival heritage of Ukraine, World War II, and the international politics of restitution (Cambridge, MA, 2001).
By now it should be clear that gaining correct and updated information about Ukrainian archives is not as easy as you would expect in our world with the fruits of thirty years online information supposedly at your finger tips! These days I could reach only a few archival websites in Ukraine. I should mention in particular the Centre for Research on the Liberation Movement, Lviv, a centre for the study of Ukraine’s history since the nineteenth century, with its own Digital Archive of the Ukrainian Liberation Movement containing digitized documents from several periods since the nineteenth century, searchable with an interface in Ukrainian and English. We saw already the Ukrainian National Remembrance Institute with several important projects.
It took me relatively much time to create the section on archives in this post, even though I had at least some archival guides at hand on my legal history website. It could do no harm to check these guides again and to look elsewhere for more information. However, in 2020 and 2021 I had already searched for digital libraries in Ukraine. Their number is relatively low. It appeared that a number of digital institutional repositories have subcollections with historic material. For a quick look I would like to refer you to my web page for digital libraries. Among recent additions is the virtual museum (interface Ukrainian and English) of the Digital Library, National University of Kyiv-Mohyla Academy, Kiev.
Instead of looking here at particular digital libraries I had better mention here the portal of the Institute for the History of Ukraine. You can use a multilingual interface among other things to navigate a database for internet resources, but unfortunately it seems at the time of writing only the first results of each section become visible. The database contains sources from many countries and does not restrict itself to Ukraine.
When starting this post I soon found the website of the Harvard Ukrainian Research Institute (HURI). Its list of teaching resources is a fair attempt at a comprehensive guide to online resources for Ukrainian culture and history. There is a section on digital archival collections, almost all of them the fruit of research centres, and not digitized archival records held by more regular archives in Ukraine. Apart from its own library and archive the great jewel of the HURI is the MAPA Digital Atlas of Ukraine with both historical and contemporary maps.
The World Heritage Convention of UNESCO lists eight locations in Ukraine on its World Heritage List. For museums you could for example look at the Museum Portal. The 2008 Vademecum for Ukraine discussed earlier mentions a number of history museums. On February 24, 2022 the International Council on Museums (ICOM) issued a statement concerning the Russian invasion of Ukraine. The ICOM has a telling motto, “Museums have no borders, they have a network”. Feeling connected and staying in touch with Ukraine is certainly crucial now and in the future. Hopefully this post can support you in your own efforts to foster a connected future.
Saving Ukrainian Cultural Heritage Online (SUCHO) is an initiative to create web archives of disappeared or threatened websites and digital projects in Ukraine. ReHERIT is a portal for Ukrainian cultural heritage (interface Ukrainian and English). Another website worth mentioning is the Center for Urban History in Lviv (interface Ukrainian and English) with several online projects.
It occurred to me I had not looked at all at OCLC’s ArchiveGrid portal for information about Ukrainian archives. As a matter of fact, no archive in Ukraine is currently present at this portal. I suppose I avoided ArchiveGrid because its mixture of information about archival institutions, archival collections in their holdings and even single objects is in my view awkward. However, searching for Ukraine does bring you to a number of institutions elsewhere in the world with relevant holdings that deserve mentioning.
The Centre for Medieval and Early Modern Studies at the University of Kent, Canterbury, has created an overview of websites and projects for Ukrainian history with a focus on manuscripts.
For Ukrainian contemporary law and government it is most sensible to look first of all at the guide provided by the Law Library of Congress, with guidance to other relevant guides as well.
At my blog medieval canon law is a special subject. Lately I have written here a few times about medieval charters. In 2020 I devoted a very long post to a number of papal charters from the fourteenth century issued around an interdict on the Dutch city of Dordrecht. This year the quadrennial congress on medieval canon law will hopefully take place in St. Louis from July 17 to 23.. Another scholarly event scheduled for this month came into view as a subject worth attention here. On February 17-18, 2022 a conference will be held on the theme “Papsturkunden ohne Ende”: Datenbanken ohne Ende? / “Actes à l’infini”: des bases de données infinies?, the endless stream of papal charters in view of the endless powers of modern relational databases. Scholars will deal with a number of projects for such databases. In this post I propose to look at some of them a bit longer, either because of their importance or because they are new of relatively new.
By chance I saw a notice about a project for a portal enabling you to search in numerous databases with medieval charters, Cartae Europae Medii Aevi (CEMA). It figures in a paper in Luxembourg, too, and it seems natural to present this resource and its many facilities here, too, to add depth to the description of databases for papal charters.
On February 17, 2022, papers will be presented about a number of existing databases and the new database for INTERLOR. Thorsten Schlauwitz (Erlangen-Neurenberg) will speak about the database version of the Regesta pontificum romanorum. The Aposcripta database for papal letters is the subject in a paper by Julien Thery (Lyon). Rolf Große and Sebastian Gensicke (Paris) will discuss the project Gallia Pontificia and more specifically regests for acts of the archbishops of Reims. Muriel Foulonneau and Timothy Salemme (Luxembourg) present the new INTERLOR database, and a round-table discussion will be the conclusion of the first day.
The second session on February 18 will look at the roads from textual corpora to textual databases and the chances for data mining of medieval charters. Here Dominik Trump (Cologne) will look at the hybrid edition of the so-called Kapitularien, decrees of the Carolingian rulers, now available online in the project Capitularia – Edition der fränkischen Herrschererlasse. Problems of indexation of medieval charters will be addressed by Sergio Torres (Paris). Nicolas Perreaux (Paris) will discuss data mining, stylometrics and semantics in connection with the project and database Cartae Europae Medii Aevi (CEMA). Thus this database is indeed for a good reason also a theme in my post.
How will historians use such resources? This question is leading in the paper by Sébastien de Valériola (Brussels) who will look at data mining and data-driven research. Finally Bastien Dubuisson (Luxembourg and Namur) will speak about the transition from database to code for implementing stylometric research for medieval history. This is perhaps the best place to mention the Luxembourg Centre for Contemporary and Digital History (“C²DH”).
A look at two databases
It will not do to present here all databases in the compass of a single post. I give at least the URL’s of existing databases. I could not yet find the URL for the INTERLOR database. Finding such databases is helped by a page of the CEMA website with a list of projects in many European countries.
Some databases attract your attention because they aim at providing access to documents from a long period and from a wide range of places. The Aposcripta database is hosted at the Telma portal for databases with medieval charters of the IRHT in Paris (Twitter @aposcripta). The project takes its name from the expression apostolica scripta, a term used by popes for their letters. This database was launched in 2017. It contains currently some 22,000 items, some 14,000 of them from the thirteenth century and nearly 2,800 letters from the twelfth century. These numbers are rather low. You could already find in the first printed edition of the Regesta pontificum romanorum more than ten thousand summaries of papal charters up to 1198. However, Aposcripta scores points with its impressive overview of editions used and mentioned. Entering ten thousand items and more issued per annum after 1300 will be quite a feat. Aposcripta rightly warns you not to expect everything in an edition also in its database, stressing the fact it is more a search tool than a digital archive.
With Aposcripta you get an idea of the sheer mass still awaiting digital treatment. The question of interoperability comes inevitably into view for the Cartae Europae Medii Aevi (CEMA) hosted also in Paris (Twitter @Carta_Europae). Even a restriction to currently twenty digital resources for this portal is understandable. The tabs of the search screen of CEMA open new vistas. I have seen various online textual corpora and their search facilities, and I have repeatedly mentioned here the wonders of Philologic4, in particular for the Corpus synodalium, a database and repertory at Stanford for medieval synods and statutes discussed here in 2020. CEMA offers multiple ways of searching in 270,000 charters. Even if I did not immediately spot a chronological filter this is probably just an oversight on my side, and more to the point a sign of my bias as a historian keen on temporal precision! Speaking of another way of representation, the Regesta pontificum Romanorum has a geo browser.
CEMA has undoubtedly most interesting qualities bringing research concerning medieval charters on a new level of depth and possible comparisons. It scores also with a bibliographical database for source editions which builds for instance on the earlier CartulR database of the IRHT for editions of French cartularies. Some 2,700 editions have already been included in the new database.
Into the future
In view of all things now at your disposition in these databases it feels a bit too strict to mention here some gaps or seemingly missing projects. You would expect the inclusion of more existing projects for CEMA. It does raise the question of standards for data exchange and interoperability. Just one of the Scandinavian Diplomataria is currently harvested for CEMA. The fine project for medieval charters from the territories of current Belgium in Diplomata Belgica would seem most fit as a further extension. Can some of the digitized Dutch editions of charters in oorkondenboeken available at the resources platform of the Huygens Institute, Amsterdam, also be among future additions? The database with medieval and Early Modern charters held in Dutch archives, the Digitale Charterbank Nederland, discussed here in 2019, is probably too much a resource for archivists than a tool for the field of diplomatics.
Writing this post and mentioning the Corpus synodalium created by Rowan Dorin and his team in Stanford I remember his warnings at the online digital legal history conference in March 2021 about creating and maintaining databases for the future, the seduction of putting in all available materials, and the need for the use of widely recognized standards with a view to things as a conversion to another database or extraction into some other system. It is not just a matter of bringing the water from a number of lakes into a new sea, and leaving the result unattended afterwards.
In my opinion the meeting in Luxembourg helps you to welcome the differences between databases with their various earlier history in print as road signs to paths you might explore. It would be most tempting to create an all-encompassing database for medieval charters with images, transcriptions and scholarly commentaries. For textual research you will want access to a kind of corpus, and this wish is every bit as valuable. Bridging distances between scholars from nations with a history of both wars and fruitful mutual influence is one thing, bridging gaps between scholarly approaches in neighboring disciplines is certainly a serious goal, too. I am sure the scholars participating in this conference and working on the projects I concisely mentioned in my post are quite willing to share their experience building on the sometimes very old research traditions behind them. Their openness to new tools and questions are a sign of the vitality of these projects and the teams currently responsible for bringing them into our century.
This post is a tale of the unexpected. Last week I received a message about a new translation of the Digesta Justiniani, the famous sixth-century compilation of texts by the classical Roman lawyers. Soon two things became clear: It was not just a single new translation into one particular language, but into a number of languages, and these translations were not the fruit of just one scholar, but mainly the product of the online translation tool DeepL. Béla Pokol, a Hungarian lawyer at the Eötvös Lorand University in Budapest, used the powerful DeepL tool for translating the Digest into fourteen (!) European languages. For this project he had to process some 45,000 pages. You can download the translations as PDF’s from the sectionLaw Working Papers of the online journal Jogelméleti Szemle. Journal of Legal Theory. A cordial exchange of questions and answers with Béla Pokol followed quickly. Here I will look first of all at the Dutch translation, but whenever necessary other languages will figure here, too. I will try to distinguish carefully between the input of DeepL and Pokol’s own efforts.
DeepL takes the plunge
I suppose normally you would use the translation function of the browser created by one of the Big Tech Firms for occasionally translating some information in languages which are clearly out of your range of linguistic capacities. In these cases you get a rough idea of the core of a text, with for example a number of words even left untranslated. The seduction of DeepL’s offer to bring really good translations from and to a great number of sounds for me simply too good to be true. So far I received just once a translation created by DeepL which I ignored completely by going straight for the English original of an article.
Enter Béla Pokol who at the very least has designed a kind of ultimate test for DeepL, translating from a dead language like Latin into modern languages, and not just a general text from classical literature, but the very core text collection of Roman law. Classical Latin has a complex syntax and a rich idiom. The classical lawyers seem to prefer a less rich vocabulary, but their concise and trenchant arguments set a great challenge for translators. To mention just a few modern examples, the Dutch team led by Job Spruit worked between 1993 and 2011 on their translation in twelve volumes of the Digest, Code, the Justinian Institutes and the Novellae [Corpus Iuris Civilis. Tekst en Vertaling]. The German team led by Okko Behrends started in 1995 and reached with the fifth volume published in 2012 only D. 34. The recent project for a version of the Digest with Latin text and an Italian translation was first published in five volumes between 2005 and 2014; the web version was launched in 2017. In 2011 I wrote here a post on recent and older translations for Roman law. At the page for Roman law of my legal history website Rechtshistorie I mention more translations, a number of them available online.
The idea for using DeepL to tackle the intricacies of the Digest came after Pokol had used DeepL to translate his book Juristocracy from English into seven languages, with surprisingly few errors. He enlisted the help of his daughters to deal with the new challenge of the Digest, because he had noticed only a small number of translations of the Digest into modern European languages. Hence the decision to aim at fourteen languages, starting with Hungarian, followed by French, German, Portuguese, Spanish. Italian, Dutch, Finnish, Rumanian, Czech, Slovakian, Slovenian, Polish and Russian. It took Pokol and his daughters a year to produce the 45,000 pages of these translations.
For the aim of this post I decided to look first at the translated results, and only afterwards at DeepL. How should one quickly assess the quality of these translations? As a matter of fact many years ago I selected three passages in the Digest for translation into four languages which figure at my legal history website as Exempla iuris Romanorum. D. 126.96.36.199 is a text on fraud, D. 19.2.59 a text about a building agreement, and D. 32.52.3 a text about hereditary law. I add to them the first case from the Digest I ever encountered, D. 188.8.131.52, a case of deadly damage caused by a collision of two carts on the slope of the Capitol. A fifth check was quickly found, too, using the words plumbum, lead, and balineum, bath, both terms frequently used in connection with water, as can be seen in the Topoi database in Berlin on Roman water law discussed here in 2019. As a quick reference I used the Amanuensis tool of Peter Riedlberger and Günther Rosenbaum.
The Dutch translation created by Pokol using DeepL has 3921 pages. The first translation seems really good (p. 261), especially when DeepL succeeds in keeping everything in a single sentence. Spruit and Wubbe, the Dutch team for D, 4, used two sentences in their translation of D. 184.108.40.206. The second example, D. 19.2.59 figures at pp. 1363-1364. Here I hesitate about the building being destroyed (verwoest), the verb concutio does mean to shake heavily. DeepL puts in the word ongeluk as a partial translation of acciderit. The case about a will speaking about books in D. 32.52.3 fares less well (p. 2164). In the first part the word bibliothecas has been translated as bibliotheken (libraries) but it is clear bookshelves are meant. In the second part the word scrinia does not mean writing tables but chests. Some words have more than one meaning, and it is vital to use the one clearly meant in the context of a case.
The case with the mules and two carts on the Capitol hill (D. 220.127.116.11) killing a young slave is somewhat longer than the fragments here above. At first DeepL impressed me with a clear disposition of this complicated case (p. 681). The mule-drivers (muliones) become only once koetsiers, coachmen. However, translating the term lege Aquilia by “Lex van Aquilia” is decidedly odd. This law and another Roman law, with few exceptions, remains in Dutch untranslated. I cannot plod here through every occurrence of the word lead. In D. 32.35.3 the bath of Iulianus becomes the Julianabad (p. 3241), a very early homage to a former Dutch queen, instead of het badhuis van Julianus or het Juliaanse badhuis. Tibur has been left untranslated, but it is clearly Tivoli, and the word scitis has been promoted to Scitis. In the leges preceding this case DeepL has more luck with some difficult names of locations.
A multiple challenge
On closer inspection there are very real problems. The translation of the references to the works of Roman lawyers is a matter of some wonder. The book title membranae is translated as Perkamenten, parchments. Spruit cum suis opt for Notities (Notes). At some point an author Callistratus is mentioned, a name not mentioned at all within the Digest. The title page of the translation provides a clue to the origin of some of these problems. Pokol has not created a translation from the Latin original, but from the English translation by Samuel Scott, The Civil Law, including the Twelve Tables… (17 vol., Cincinnati 1932). This fact alone severely diminishes the value and possible importance of the translation under review here. It does matter much less which faults can be attributed to DeepL or to Pokol since the very starting point is awkward, and not what one would expect someone to do.
In his article ‘The enigma of Samuel Parsons Scott’, Roman Legal Tradition 10 (2014) 1-37 Timothy Kearley devotes pages 29 to 32 to an assessment of the value of Scott’s translation of the Justinian corpus. Reviewers accorded it mostly only value as a introduction for students and as a quick reference tool. Apart from mistakes in his translations they faulted Scott for ignoring the edition by Mommsen and Krüger and generally being less aware of the latest (German) scholarship. Kearley expands his views in his study Lost in Translations. Roman Law Scholarship and Translation in Early Twentieth-Century America (Durham, NC, 2018).
What is the value of Pokol’s efforts? He wrote to me his explicit aim was helping modern lawyers to have “a speedy online help” for Roman law and to make it a living heritage. Alas as a reference tool the current translation is marred by a lack of running titles indicating on each page the title of the Digest. In some titles, in particular D. 50.17, De regulis iuris antiqui, the numbers of the leges are not given correctly. Book 50 ends with leges numbered above 1000. This has simply escaped his attention. Pokol did not include the introductory constitutions and the Index Florentinus. It shows definitely he aims indeed at lawyers in general, and not at students and scholars who want to study Roman law for its own sake. Let it be clear Pokol did not at all attempt to translate the Latin original of the Digest. In his view the Hungarian translation of the Digest by DeepL is quite good.
Looking deeper into DeepL
It brings us to the final question of this post, the value of DeepL for translating classical Latin into any modern European language. DeepL offers currently 26 languages. Apart from European languages only Chinese and Japanese are now included. Arabic, Hindi and Swahili are absent. The inclusion of Finnish and Hungarian, two Finoegrian languages, is remarkable. Polish and Russian, too, are languages with a number of very real difficulties. Swedish and Danish are present as Scandinavian languages. There is simply no Latin to test here with DeepL at the moment of writing. DeepL does succeed in faithfully translating English into Dutch at a notable level for fairly difficult texts as the ones used here as tests. It might make you certainly curious about the way it would work as an assisting tool, for example when translating a textbook for Roman law into another language.
To give DeepL quickly a second chance to prove it can produce something convincingly adequate when faced with a text offering some difficulties I entered the text of my recent contribution ‘A dictionary for the Spanish colonial empire and canon law’ for a translation from English to Dutch. Using the free version of DeepL without a trial period this meant each time only 5,000 signs could be entered, roughly half of my post. The translation of the first half contained only a few problems, and in the second part with many Spanish words these were correctly left untranslated, and only some easily detectable glitches in the syntax occurred.
For your interest – and perhaps consolation! – I looked around briefly for other online translation tools which do include Latin. I found a few websites featuring both Dutch and Latin. Translatiz depends on Google Translate. In its Latin-Dutch translation of D. 32.52.3 the word legatis becomes luitenants, lieutenants. ImTranslator seemed at first to offer besides Google also Microsoft and PROMT for Latin-Dutch, but the two last do not offer this functionality. A search in Dutch for tools made in the Low Countries brought me to Webtran where you get only a word for word translation for Latin-Dutch filled with silly mistakes, and not even clear sentences at all. Opentran and the Dutch version of I Love Translation join the ranks of tools with insufficient qualities for translating legal Latin. Remembering just in time Cicero’s vehement sigh Quousque tandem abutere nostra patientia, Catilina? I will leave it at that for now, even though these tools did solve this particular question correctly.
It is a feat to climb the Capitol Hill of faithful translation from any language and for any subject! No doubt sooner or later an online tool will appear which will be able using artificial knowledge to produce translations from Latin, not only for regular classical texts with their own peculiarities, but also for legal texts. Classicists are keen in using digital humanities to sensible ends. The challenge remains to learn yourself sufficient Latin and to find reliable translations made in years of toil and endless care for details, and secondly to have all necessary capacities for understanding the way Roman lawyers thought, argued and acted. A good translation is an act of interpretation in itself, a necessary foundation for further research. Meanwhile we can benefit from a substantial number of older and newer translations for Roman law. As for having an impact on modern lawyers and legislators the quality and vitality of thinking and writing about law and legal history by legal historians should seduce people to enter the realm of Roman law in all its manifestations through the centuries until now.
Interpreting the French Revolution is a kind of historical industry. New interpretations and fresh assessments sometimes seem to tumble over each other or follow in relatively quick succession. Some watersheds remain visible, at least for those not immersed in the latest relevant literature. The fall of Robespierre and the end of the Great Terror in 1795 mark a period, as does the coming to power of Napoleon in 1799. The period between 1795 and 1799 with the Directoire might seem a minor interruption of the chain of revolutionary developments.
In my series of posts on the French Revolution I have put legal developments at the centre. With the completion and launch of a database with legislation enacted between 1795 and 1799 it becomes possible to look again at sweeping views of the character of the French Revolution. Did it really only destroy the Ancien Régime or did it build lasting structures at a legal level? Did only Napoleon erect a final new legal order with his Code civil and Code penal? Let’s look here at the database La Loi de la Révolution française 1789-1799, available at the ARTFL platform of the University of Chicago. What are the qualities of this project long known for its acronym ANR LexDir?
Legislative activity under the Directoire
In 2015 I published here my post ‘Laws and the French Revolution’. Whatever the merits of this contribution with lots of information concerning digital projects featuring information related to French legal history in the late eighteenth century, it remains a surprisingly often visited post. Over the years I have made some adjustments and additions to it. The French research project ANR LexDir started some ten years ago, but only now I spotted news about its completion and the launch of the database at the end of the international scholarly meeting La Directoire fait sa loi! held by the Université Paris 1 Panthéon- Sorbonne on September 9-11, 2021. You can download the program (PDF) of this event.
The sheer number of laws and decrees enacted between 1789 and 1799 is much larger than you would guess at first. Modern national parliaments and the European Union do have a substantial legal production nowadays, but the members of the revolutionary assemblées succeeded in creating a massive quantity of legal enactments. How did they have any spare time for steering the French Revolution through all perils?! At the ARTFL platform the project team with Yann Arzel Durelle-Marc, Anne Simonin and Pierre Serna underlines in their concise introduction the fact the French Revolution was a highly legal phenomenon, something already noted by Jules Michelet with his vignette “le triomphe du droit”. The new resource should enable you to put such statements in due perspective.
The new platform at ARTFL offers not only the legislation published between 1795 and 1799, but also the laws published since 1789 in the Collection Baudouin which remains separately available. The Collection du Louvre – with eighteen volumes covering the years 1791 to 1794 – is the source for a part of the legislation covered also by the Collection Baudouin, with 85 volumes for the period 1789-1799. Its volumes 68 to 85 cover the Directoire from October 1795 to December 1799. In fact if you like to focus on either one of these collections you can directly go for them at the search interface.
With the database at the ARTFL platform comes the rich search functionality of Philologic4. Not only can you browse for a particular year and use a general free search option, but also a recherche avancée enabling you to look at contexts, collocation and chronology of laws. The advance search mode allows you to filter out headings, to skip indexes, to use either normal (Gregorian) or revolutionary dates, and to filter for subjects and titles of laws, to mention only the most important features. These filters are also at hand in a filter panel to the right of search results. You can present results with only the exact text or show them in their context. My first impression is that of a veil lifted from an amorph mass of information. The feeling you can search here in full depth is most attractive and promising.
How should one appreciate the value of this new online resource? It is one thing to be able to use digitized works, for example in the splendid selection Essentiels du droit of the Gallica digital library showing you many sources for French legal history, but searching in these sources is another thing. A database gives you new search opportunities. Having at your disposal all revolutionary legislation coming from the capital and being able to use it as a textual corpus helps you to put materials from outside Paris from the various départements into more and deeper relief, to mention just one possible approach. In the next paragraph we will see how French revolutionary legislation does not have to be studied as a single or isolated subject.
In view of the riches awaiting you both in this alluring Intertextual Hub and in the database with French revolutionary legislation from 1789 until the end of 1799 you will probably not want to read here much longer than absolutely necessary! I will end with warm thanks to the research team in Paris and the ARTFL staff at Chicago for bringing this project to a successful conclusion. I had best offer you here below the links to the complete series of my posts concerning legal history and the French Revolution.
This year I follow my tradition of starting the new year with a post featuring either the law of an empire or an empire, and this year I offer the former. A constitutive element of the international project based at Mainz for the School of Salamanca is a political-legal dictionary. In an earlier post I mentioned the dictionary only briefly, because at tha time it did not yet exist. However, things have changed since 2017, and it is certainly interesting to look now in more detail at the form, contents and progress of the Diccionario Histórico de Derecho Canónico en Hispanoamérica y Filipinas, Siglos XVI-XVIII. Using the simple abbreviation DCH has particular consequences for finding this online dictionary. Anyway, the DCH is not the first dictionary appearing at my blog.
Studying Spanish colonial law
Research into Spanish legal history and colonial laws and legislation in the Spanish colonial empire in Latin America is in particular associated with the Max-Planck-Institute for Legal History and Legal Theory (MPILHLT) in Frankfurt am Main. Last year its name changed a lot by adding a third department for legal theory to the two departments for legal history, and by removing the word European from its name. Speaking of names, nowadays the term School of Salamanca is no longer linked exclusively to sixteenth-century thinkers teaching at this Spanish university, nor is it confined to law or theology.
The core of the project of the Akademie der Wissenschaften und der Literatur in Mainz for the School of Salamanca is a digital collection with 116 works mainly published in the sixteenth century. At the website you can also consult the series of working papers published by the research team. The project website describes as an objective a dictionary for juridical-political languages with eventually some 200 entries, taking their cues from both Spanish and Latin words. Entries will appear from 2020 onwards, but no entries are visible at the project website. This dictionary is a separate aim, not to be confused with the DCH, as Ana Arango kindly pointed out to me.
At this point you must be aware absolutely of the role of the MPILHLT within this project. At its website the information has been placed on a number of web pages. There is a general page for this cooperation with the Akademie in Mainz, but you will have to navigate also to the web page for the School of Salamanca. This page alerts you to the blog of the Mainz website, where the blog is found under the heading News. The Frankfurt page for the Salamanca project does not mention its own page for the Historical Dictionary of Canon Law in Hispanic America and the Philippines 16th-18th century (DCH). On that page you will find the actual entries now available halfway at the heading Blog, not the one and only spot where you would indeed expect it to appear.
Let’s not hide the fact I had noticed the abbreviation DCH at the Frankfurt website earlier on, especially among the new releases, but somehow the direct link with this project was not clear for me. In a way it is just a small revenge of using too much abbreviations… At the third Salamanca page in Frankfurt, the one for Salamanca Publications in the publications section, the DCH is yet absent. Actually the series of published entries for the DCH can be found also at the SSRN page of the MPHLHT where they appear in the chronological sequence of publication.
To be honest, this situation is only temporary, but it is a nice example of a dilemma between providing information about final results and preliminary publications. In a town with much attention to system theory this should make you smile! The two institutions should not hesitate to give the new temporary form of the DCH at the Hypotheses network simply its due as a perfectly sensible solution for the time being. No doubt plans for the definitive form of publication are being contemplated right now.
The DCH as work in progress
There was a time when great dictionaries were published only in print, often at a slow pace. Decades after the start the final volume would appear at last, and decades afterwards some supplement could be printed. This simple picture does not exist anymore. Many dictionaries have been digitized or their new edition appears both online and in print.
At the DCH blog – also present at Twitter, @DiccionarioDCH – you should not jump immediately to the published entries. It is wiser to look first at the explanation about its structure (Estructura). The entries – 120 is their number mentioned here, elsewhere a total of 200 or 300 entries is stated – will be organized according to the order of the five books in the Decreatles Gregorii IX, the Liber Extra published in 1234 on behalf of pope Gregory IX. The decretals in this official papal collection were divided into five books headed Iudex, Iudicium, Clerus, Connubia and Crimen. Church councils in the Spanish New World used this division also, as did the major European handbooks for canon law in the Early Modern period. There is a table showing this division and the entries currently available under each heading. Four general entries on canon law, moral theology, the Patronato Real and historiography will function as introductions.
The nature and form of this dictionary can best be tasted in the most recent published entries which all mention immediately the DCH blog. I restrict myself to two entries, Vicarios under the heading Iudex and Sentencia under Iudicium; the links here are to the introductions on the DCH blog.
Susana Frias gives a crisp and clear summary of her article Vicario. She looks at the various positions of the vicario, in particular at his role as a judge delegated by a bishop, but she mentions other types of vicars as well. She gives examples of the context, for example the tension between religious orders and bishops, ad the growing influence of the Spanish crown on ecclesiastical institutions. This summary helps a reader much. Her contribution, downloadable from SSRN, has 23 pages, with abstracts at SSRN in Spanish and English. Frias’ article has ten sections. After a few lines about the pope as the Vicar of Christ she deals with the vicar-general of a bishop, the vicario capitular functioning during a sede vacante in a diocese. The vicario foraneo is a judicial official representing episcopal jurisdiction in a district. A vicario coadjutor is the figure closest to a parish vicar, an assistant to the curate. With the vicario apostolico we encounter another familiar figure in canon law, the administrator of a region without diocesan organization. The function of the vicario castrense was created in the seventeenth century as an army chaplain. The last vicars in this article are the vicarios within religious orders, the officials representing the provincial, sometimes for visitations as a visitador. In the last section (pp. 17-23) Frias offers a concise historiographic conclusion and a substantial list of primary sources and secondary literature used for this contribution. With ample references to the sources in each section this is clearly the kind of dictionary article which can both help you quickly to gain basic knowledge and offer you also the necessary background information.
Faustino Martinez divides in his abstract his contribution Sentencia on verdicts into two sections, a general section on the place of verdicts within a trial, and a section focusing on developments and characteristics of verdicts within the Spanish empire. This is exactly also the abstract in Spanish and English at SSRN. I had expected to find at the beginning of his article with 48 pages a visual overview the headings of the subsections, but he lists in fact the nine sections in the last lines of his introduction. An indication of their respective importance would be welcome. After ten pages it is clear the section Elementos y modos de la sentencia is such part of his contribution (pp. 7-17). All other sections are rather short but densely packed with information. I would single out the sections on nullity of sentences and on abuse of justice by starting a process based on invalid claims. They put things really into relief. The section on typical developments in the Spanish colonial empire, too, is relatively short (pp. 32-38), as is the historiographic balance which points out a substantial number of matters to be investigated. There is much space at the end for the primary sources and scholarly literature. On balance the subject deserves indeed a long and intricate contribution with relatively short sections. On purpose I have not tried to summarize every section, because this would not tell you how much Martinez has to offer here, both on Spanish and colonial legal history.
The DCH in context
How should one judge this scholarly project? At some point during writing my mind turned to the project Geschichtliche Grundbegriffe. This dictionary has a similar long and telling title, Geschichtliche Grundbegriffe: Historisches Lexikon zur politisch-sozialen Sprache in Deutschland (8 vol., Stuttgart 1972-2007), edited by Reinhard Koselleck, Werner Conze and Otto Brunner. GG contains in 9000 pages some 120 articles on a number of key concepts for German history, politics and society. This example must surely at some moments have crossed the minds of the Salamanca team, too. I suppose we should applaud the fact we can consult online in open access the entries of the DCH! The DCH is an international project dealing with a much wider part of the world forthe Early Modern period.
My two choices for first impressions of the DCH happen to deal in particular with institutional history. The strong point of the DCH and the Salamanca project at Frankfurt am Main and Mainz is its aim of putting things at their right place within wider contexts, and thus institutions get their due. For me the veil from the abbreviation DCH has been lifted! You can learn a lot from the entries that have already appeared, starting with the bibliographical sections, but I am sure you will encounter much else that is interesting for your own research and general knowledge of the vast Spanish colonial empire and its impact on Latin America’s history and society.
As for the sources used you can bet the MPILHLT at Frankfurt am Main has several editions or even several copies of the main works used by the team. It is sensible to look beyond the works digitized for this purpose. Apart from the portal for the School of Salamanca you can look also at De Indiarum iure. My earlier post does point to some other projects elsewhere as well, but it told you less about some digital resources now available. For copies of works held by libraries and archives in Latin America you might want to look also at my web page for digital libraries. In particular in Mexico there is a large number of digital libraries. For tracing Early Modern works you can benefit from the Catálogo Colectivo de Impresos Latinoamericanos hasta 1851 (University of California at Riverside), a union catalog for Latin American imprints, and a number of bibliographical projects and works for and from Mexico. My remarks about the visibility of the DCH blog will no doubt soon be superfluous, because curious readers surely will find the DCH quickly. Our thanks should go to the international team making such a project feasible. Bringing canon law into view as a major element of the Spanish transatlantic empire and its legal history is just one of its qualities.
On January 19, 2022 the first of the four general introductory chapters was published. Faustino Martinez contributed an article on procedure in canon law. I should like also to alert you to the series of colorful videos created by the research team for the DCH blog.
For those interested in the development of the Spanish language in their colonial empire it is useful to mention here the Corpus Electrónico del Español Colonial Mexicano (COREECOM), a project of the Instituto de Investigaciones Filológicas at the Universadad Nacional Autónoma de México.
Ana Arango kindly pointed me to the fact the dictionary for political-juridical thought of the School of Salamanca project in Mainz is a different project. Hopefully this difference can be indicated at the crucial points of the websites for both dictionaries.