Tag Archives: Manuscripts

A personal touch: Chasing autograph manuscripts of medieval lawyers

The Middle Ages span a millennium, and the very term has long darkened our understanding of this period in European history. Somehow the image of the Dark Age keeps to some extent its force for children, the general public and scholars alike. Seemingly out of the dark come the persons whose names we know, and romantic phantasy has often been very active to make them as colourful as possible. Clovis, Charlemagne, William the Conqueror and Saint Louis, the holy French king pronouncing the law, are among the people for whom we can find out more than only battles, deeds and orders, but we hear seldom the voice of more ordinary people. Thus the counsels of Dhuoda to her son, the visions and songs of abbess and composer Hildegard von Bingen, and Christine de Pisan, a passionate writer and defender of women, stand out even stronger, because they shed light on the history of women, too. In the field of medieval art there has been a hunt to find traces of individual artists. Some works of art still bear their names, but other remain anonymous.

Cover Autographa I.2

Medieval law, too, can seem not only a very masculine, but also a very impersonal affair. However, juridical glosses from the twelfth century in the manuscripts with the main texts of Roman and canon law are sometimes signed with an abbreviated form of the names of lawyers such as Azo, Jacobus Bassianus, Rogerius and Pillius. In the last decades another hunt has brought some astonishing results. Scholars have been able to identify autograph manuscripts of a surprising number of medieval lawyers. Individual scholars succeeded in connecting one or more manuscripts directly to the author of a particular juridical work. Surprisingly this is indeed possible for medieval lawyers, for many scholars not the group in medieval society you would immediately pinpoint.

On February 8, 2017 the second volume of a series of studies about medieval autograph manuscripts will be presented at the École française de Rome. This post is a small tribute to the scholars contributing to these volumes, and especially to Giovanna Murano, the courageous editor who has set an example herself in approaching legal manuscripts with new questions and sharing her wisdom and results with others. The blog Storia del Diritto medievale e moderno alerted me to the presentation of the new volume, and apart from translating the main information of their message in French I will try to provide some context for this important publication.

The hands of the masters

During the thirteenth century a system for the reproduction of medieval texts used at universities came into existence. Book shops were given controlled master copies, exemplars of these texts. Students could hire quire after quire for scribes to make copies. The pecia system – literally “piece” – was first described for theological manuscripts by Jean Destrez. Last year Frank Soetermeer died, the Dutch scholar who did research about the use of the pecia system for legal texts in Italy and France. Giovanna Murano, too published a book about the pecia system, Opere diffuse per exemplar e pecia (Turnhout 2005). Since a few decades it becomes clear that the chances for survival of original author manuscripts were relatively high. In the sixteenth century, however, printers often discarded the very manuscript(s) they had used to produce printed versions of texts.

Recognizing the handwriting of a specific author can be easy, but first you have to connect an inimitable script with him or her. The almost illegible script of Thomas Aquinas (circa 1225-1274) got nicknamed littera inintelligibilis by his contemporaries, and the mirror writing of Leonardo da Vinci in the fifteenth century is rightly famous. Medieval lawyers signed in particular charters, acts written on parchment, or added some confirming lines in their own hand to consilia, legal consultations. The cover of the new volume shows some of such closing lines and signatures. The interest in these consilia has helped very much to make the identification of the handwriting of medieval lawyers possible.

Perhaps the single most important step was the identification of a set of autograph manuscripts written by or produced under the direction of Baldo degli Ubaldi (1327-1400), first signalled by Giancarlo Vallone, ‘La raccolta Barberini dei “consilia” originali di Baldo’, Rivista di Storia del Diritto Italiano 62 (1989) 75-135. You can read online (PDF, 9 MB) an article by Vincenzo Colli, ‘Collezioni d’autore di Baldo degli Ubaldi nel MS Biblioteca Apostolica Vaticana, Barb. lat. 1398’, Ius Commune 25 (1998) 323-346. Twenty years ago Colli identified more autographs and other manuscripts close to their author for other medieval lawyers as well, for example for Guillelmus Duranti (around 1237-1296), the author of the Speculum iudiciale, ‘L’apografo dello Speculum iudiciale di Guillaume Durand’, Ius Commune 23 (1996) 271-280 (online, PDF, 3 MB), and together with Giovanna Murano ‘Un codice d’autore con autografi di Giovanni d’Andrea (ms. Cesena, Biblioteca Malatestiana, S.II. 3)’, Ius Commune 24 (1997) 1-23 (online, PDF, 9 MB).

In the second volume of the series on medieval autograph manuscripts [Autographa I.2: Giuristi, giudici e notai (sec. XII-XV)Giovanna Murano (ed.) (Imola 2016)] you will find some eighty images of medieval manuscripts, and very often you will see a medieval consilium and a manuscript of a particular work as evidence for the identification of an author’s hand. Apart from lawyers who published legal works the team looks also at medieval judges (giudici) and notaries (notai). For the second volume twelve scholars have identified 49 authors and consulted more than one thousand manuscripts in more than two hundred libraries. The new volumes contains eighty photographs.

Giovanna Murano contributed an article about the autograph of Antonio de Roselli’s Monarchia for the second volume of the Festschrift for Mario Ascheri, Honos alit artes. Studi per il settantesimo compleanno di Mario AscheriPaola Maffei and Gian Maria Varanini (eds.) (4 vol., 2014), a publication briefly mentioned here, too. In the first volume a whole section is dedicated to articles concerning medieval legal consilia. Murano provides a must-read on this genre with her article ‘I consilia giuridici dalla tradizione manoscritta alla stampa’, Reti medievali. Rivista 15/1 (2014) 1-37. She offers an uptodate illustrated introduction to this medieval genre. It gives you an example of her rigorous thinking and dense argumentation. At every turn Murano makes you think and reconsider matters you had not thought about for a long time or simply not carefully enough. In a similar article she gives a status questionum for the study of the Decretum Gratiani, the great treatise for medieval canon law from the early twelfth century [‘Graziano e il Decretum nel secolo XII’, Rivista Internazionale di Diritto Comune 26 (2015) 61-139; online].

The first volume of the series Autographa appeared in 2012. In my view both volumes can serve also as a palaeographical atlas for anyone studying the learned law, i.e. the medieval – and Early Modern – use of Roman and canon law. Instead of hunting digitized manuscripts on your computer screen or tablet you might want to sit down and study the variety of handwriting offered by Murano and her international team. The books can be used indeed as a fine guide to medieval legal manuscripts. However, maybe it is simple the urge to come as closely as possible to the hands of the great magistri of Italian and French medieval universities that makes you want to have these books within your reach. The names of medieval lawyers change here from glorious but inevitable dead names into living persons, not just as law professors producing a theoretical frameworks for judges, advisors and officials all over Europe, but at work themselves, counseling parties or pronouncing judgment on cases which show law in action. These manuscripts and archival records offer a splendid window to medieval life and society. My warmest congratulations to Giovanna Murano and the scholars participating in this great project! It deserves your attention by all means.

Celebrating common law beyond Magna Carta

Header Et Seq.

2015 is the year of many celebrations for the 800th anniversary of Magna Carta. It is silly to try to avoid mentioning it here, but I know my readers expect me to find a different slant on the celebration. The four remaining copies of the 1215 version get ample attention at the British Library. The Lincoln copy was put on show in 2014 at the Library of Congress (Magna Carta: Muse and Mentor). Earlier this year there was much media coverage for the finding of a later copy of Magna Carta at Sandwich, Kent. At first I would have almost believed the news concerned the finding of a fifth copy from 1215, but this was not the case. However, this copy from 1300 combined with a copy of the Forest Charter.

Recently Harvard Law Library decided to digitize its collection of manuscripts and archival records with texts concerning medieval English law. At Et Seq., the library’s blog, there were already two announcements, on March 25 about early English manor rolls by Mary Person, and on April 10 ‘Medieval Manuscripts Online-Magna Carta & More’ by Karen Beck. The riches of the digital collections at Harvard Law Library are certainly no secret, but now it seems they surpass their earlier efforts, this time with support from the Ames Foundation. Person and Beck briefly introduced the new digital collections, but there is a real need to tell more here.

A gateway to medieval resources

Detail of roll from Moulton, Cheshire 1518-1521 (Box 2, 16) - image Et Seq.

Detail of a manor roll from Moulton, Cheshire 1518-1521 (Box 2, 16)

Before going quickly to the newly digitized resources it is wise to look at the overview of historical and special collections, the web page on rare books and manuscripts, and finally the overview of digital collections and digital exhibits. This threefold entrance is in some respects confusing, but each approach is in itself valuable. The only snag is remembering where you found a particular collections, exhibit or link! By the way, the overview of digital historical databases deals with subscription databases.

The first series of digitized archival records consists of some 170 medieval rolls, mainly manor rolls and account rolls, most of them stemming from five villages in different English counties (Cheshire, Hampshire, Sussex, Staffordshire and Suffolk). Some items are effectively not rolls, but charters. The time range of the items goes from 1305 to 1770, with therefore not just medieval sources. These rolls will be successively digitized during the coming years. As for now you can read online only items from Moulton in Cheshire, with just one court roll [no. 20, Lenten court, 30 Henry VIII (1539-1540)]. There is an online finding aid (inventory) with descriptions of all items and whenever available links to their digital version. To assess the variety of materials digitized at Harvard Law School you might have a look at an earlier post here about medieval rolls. English manor rolls could be easily found using the Manorial Documents Register of the British National Archives. I find it harder to get an overview of them using the new Discovery portal, but in the end you can find for example other rolls for Moulton Manor.

The series of medieval legal manuscripts at Harvard Law School has been divided into two section, the first with forty registers of statutes dating from the early fourteenth century until 1500, the second for nineteen registers of writs. The oldest register of writs (Registrum brevium with also some tracts) dates from around 1275 (HLS MS 24), the latest one from around 1476 (HLS MS 25). One manuscript contains also yearbooks and tracts (HLS MS 193, around 1350). The volumes with compilations of statutes often contain the text of Magna Carta. The oldest manuscript present at Harvard which includes Magna Carta dates from around 1300 [HLS MS 57, Magna Carta cum Statutis]. You can also search for these manuscripts within the HOLLIS catalogue of Harvard University Library, using the filed “Other call number” and entering “HLS MS XXX”, with XXX for the manuscript number.

HLS MS 172, Sherriff's Magna Carta, around 1327

“Sherriff’s Magna Carta”, around 1327 (?, circa 1298) – Harvard Law School, MS 172

A splendid example of the presence of Magna Carta in Englsh legal life is a socalled sherriff’s Magna Carta said to date from around 1327 (HLS MS 172). However, in the overview of manuscripts it is suggested with due hesitance that it might even date from 1297 or 1298. Such copies were read aloud four times every year.

At the website of the Ames Foundation you can consult an overview of all these registers and manuscripts. The Ames Foundation invites scholars to provide more detailed descriptions of manuscripts, something until now only done for HLS MS 184 which contains the Statuta vetera, writs and some tracts. The description of this manuscript does refer to the overview of manuscripts created by John H. Baker, English legal manuscripts in the United States of America : a descriptive list (2 vol., London 1985-1990; Selden Society; reprint 2 vol., Buffalo, NY, 2010), and earlier in English legal manuscripts, vol. 1: Catalogue of the manuscript year books, readings, and law reports in the library of the Harvard Law School, John H. Baker (ed.) (Zug, 1975). The new description of HLS MS 184 gives you for each item in the manuscript the link to the digitized page. For many items you will find a reference to the numbering in the Statutes of the Realm or additional information about editions. The meta-data of the manuscript are not forgotten either. In my humble opinion this example sets a standard for describing English medieval legal manuscripts. The name of the author of this description should definitely be added.

The overview created by the Ames Foundation makes it very clear that what we encounter here is not just a very regular set of manuscripts. These manuscripts at Harvard will show surprises to those scholars who start with the large labor of dealing in-depth with each of them. The overview points to an unedited tract in HLS MS 24b, a single leaf with a large section of the Tractatus de bastardiae, described in 1997 by Jerome Arkenberg. ‘The Story Behind a Stray Manuscript Leaf’, Harvard Library Bulletin, n.s. 8.4 (1997) 46–54, an article available also online. I am sure this is only an example, and not an exception of a text yet to be edited and studied.

The digitized manuscripts help us to come closer to the actual versions of texts seen by those dealing with legal matters in the late Middle Ages, and this can correct the more synthesized critical editions of texts such as the Statuta vetera et nova. A comparison with the text versions printed in incunabula editions comes also much more feasible, and these early editions, too, can now be found in digital versions, too. The Gesamtkatalog der Wiegendrucke (GW) at the Staatsbibliothek zu Berlin and the Incunabula Short Title Catalogue (ISTC) at the British Library increasingly point to digital versions . You can search in these online catalogues for Statuta regnorum and Statuta Angliae or use the GW overview of all editions of statutes.

Magna Carta seen in perspective

In the year of the celebrations around 800 years Magna Carta the newly digitized manuscripts at Harvard show above all Magna Carta did not stand alone. It got a place alongside other statutes of the realm. It would be most interesting to see what place or impact Magna Carta had on actual writs, and for answering this question, too, you can now consult at home on the screen of your computer or tablet the digitized registers of writs kept at the magnificent holdings of Harvard Law School. You will benefit also from the resources and articles brought together at the website of the Magna Carta Research Project. As for medieval canon law and Magna Carta, you could very well start with reading an online essay by Anne Duggan at the website of the project Early English Laws. A look at these earlier laws helps also to discern with more precision the new elements within Magna Carta.

At my own web page about legal history you can find among the information about the history of the common law links to other online resources for this subject which merits continuing attention because of the continuities and changes in the history of Anglo-American law at large. Apart from its printed publications and the priceless online Index to Year Book Reports (David Seipp, Boston College) the Ames Foundation is working with Harvard Law School to create further digital access to resources in the field of the history of the common law and medieval law in a wider sense.

The definitive history of Magna Carta will not be written because every generation will come with different questions and methods to approach the old roads to answers, and no doubt each generation will come up with new perspectives worth considering carefully again and again. Thanks to the staff at Harvard University for make these materials accessible for anyone interesting in legal history! As for Et Seq. you can subscribe to its RSS feeds, simply follow the 852 RARE items of this library blog or follow @hlslib at Twitter. If liberty is a value to treasure and foster you cannot pass by in silence this Icon of Liberty, the telling subtitle of a special website created by the American Bar Association for this year’s Law Day (May 1). Magna Carta 800th will keep you informed about many of this year’s celebrations. Among this year’s online exhibitions are Exploring Magna Carta of Boston College Law Library and The Magna Carta (Great Charter), 1297 of the Parliament House, Canberra.

A postscript

Linking Magna Carta and medieval canon law is not a whim or an isolated idea. On June 16 and 17 a conference will be held at Saint Louis, Missouri on the theme New Constitutions and Constitutional Beginnings: The Fourth Lateran Council and Magna Carta 800 years later. The conference is sponsored by the International Society for Medieval Canon Law (ICMAC). The Fourth Lateran Council is the subject of a congress later this year in Rome, November 24-29, 2015: Concilium Lateranense IV: Commemorating the Octocentenary of the Fourth Lateran Council of 1215.

In search of the true history of the Templars

Poster Templars conference, MGHAfter four years of blogging it is truly time to bring in one of these subjects of medieval history that inevitable turn up in conversation about the Middle Ages. The rise and fall of the military order of the Templars was already a spectacular theme before bestseller authors as Dan Brown came along to give them yet another dimension. The Dutch twist in this post is surely Dan Brown’s recent visit to my country! In Munich the Monumenta Germaniae Historica, since nearly two centuries most active in editing sources on Germany’s medieval history, will host from February 24 to 27, 2014 an international conference with the title The Templars, their sources and their competitors (1119-1314). An addition in German to this title, Die Templer (1119-1314). Bilanz und Perspektiven der Forschung, underlines the need for a balanced view and multiple perspectives in researching the history of the Templars. The program of the Munich conference is impressive. In this post I will not try to do things better than the scholars presenting their work in Munich, and restrict myself to pointing out for you some online resources concerning the Templars. By the way, the MGH published recently a book by William J. Courtenay and Karl Ubl, Gelehrte Gutachten und königliche Politik im Templerprozeß (Hannover 2010; MGH Studien und Texte, 55) on learned medieval opinions concerning the Templars written at the university of Paris for the French king.

Balance and perspectives

For some reason we tend to think of the Templars as a French organization, and thus my eyes, too, looked first in the direction of France. In the ARCHIM database of the Archives nationales with digitized sources a whole section has been devoted to the trial of the Templars. In the fonds “Trésor des chartes” the numbers J 413 to J 417 stem from this trial. The great French historian Jules Michelet edited some of these sources in his Procès des templiers (2 vol., Paris 1841-1851; reprint 2 vol., Paris 1987; online for example in the Internet Archive, the Hathi Trust Digital Library (direct link), and in the Digitale Sammlungen at Munich). The ARCHIM database presents in this section the following documents:

  • J 413, no. 18: the procès-verbal of the interrogation held at Paris from October 19 to November 24, 1307 – 44 parchments forming a roll with a length of 22 meter; among the Templars interrogated was Jacques de Molay (around 1245-1314), the grand-maître of the order – this document was published in the second volume of Michelets study
  • J 413, no. 20: a procès-verbal of the interrogation of thirteen templars from the bailliage of Caen (Normandy) by four Dominican friars from Caen and two royal commissioners; October 28 and 29, 1307 – 1 charter
  • J 413, no. 22: an authorized copy (vidimus) of the official royal order for the arrest of Templars in September 1307 in the bailliage of Rouen (Normandy), the official accusations, and the order of Guillaume de Paris, the grand-inquisitor of France for the inquisitors at Toulouse and Carcassonne to proceed against the Templars – September 14 and 22, 1307; the accusations are not dated; official copy October 21, 1307 – edited by Georges Lizerand, Le dossier de l’affaire des templiers (Paris 1923, reprint Paris 2007), document no. II, p. 16-29.
  • J 413, no. 23: the procès-verbal of the interrogation of five Templars from Saint-Étienne de Renneville (now département Eure) and two Templars from Sainte-Vaubourg (now département Seine-Maritime); October 18, 1307 – 1 charter
  • J 413, no. 29: an inventory of goods and men belong to the bailliage of Rouen of the Templars; October 13, 1307 – 6 charters – the goods and houses were located in the modern départment Calvados

The Archives Nationales held in 2011 an exhibition on the Templars affair. In the accompanying leaflet L’affaire des Templiers: du procès au mythe they showed an interesting selection of manuscripts, with also a concise bibliography on the trial of the Templars, its impact and afterlife. When I first mentioned here – in 2011 and in particular in 2012 – these documents digitized at ARCHIM I overlooked an important element of the notices, the fact that you can click on the mots clés , the keywords, to get more results. Clicking on the keyword Temple brings you forty results. To my surprise apart from the five documents already encountered here just one of them has anything to do with the Templars. It seems that the labeling here is not as perfect as you would like it to be. At first the only additional document seemed to be AE/II/213, an act of the clergy in the diocese Bourges dated April 19, 1308 sending deputies to the assembly of the French États Généraux convoked by the French king Philippe IV le Bel. However, among the mots clés added to this document are Ordre du Templetemplier and procès des Templiers. This helped me tracing three further digitized documents in the AE/II series kept at the Musée de l’histoire de France in Paris, one of the institutions under the aegis of the Archives nationales:

  • AE/II/146: a confirmation of a gift to the Templars by Guillaume, chatelain of Saint-Omer, of two churches in Flanders, in Slype and Leffinge; Jerusalem, 1137 – 1 charter – edited by André d’Albon, Cartulaire général de l’ordre du Temple , 1119?-1150 (Paris 1922; reprint Madrid 2010) no. 141, p. 99 – online at Gallica)
  • AE/II/311: interrogation of Templars in the sénéchaussée of Carcassonne; November 13, 1307 – notices on paper, 13 pages
  • AE/II/1634: the papal bull of pope Clemens V attributing to the Knights Hospitaller of St. John all goods of the Templars; May 2, 1312 -1 charter

Another series at the Archives nationales contains three digitized registers with information about the Templars:

  • JJ/35: Convocations, mandements and commissions issued by king Philippe le Bel, 1302-1305, mainly concerning the wars in Flanders; on fol. 114r-115v two acts about the redemption of goods belonging to the Cistercians and the Templars, 1304
  • JJ/36: a copy of register JJ/35 with additional material; the two acts from 1304 are here at fol. 91r-91v
  • JJ/43: Register of royal acts concerning Flanders, the Templars (fol. 45r-52v), the papacy (fol. 37r-44v) and money; 1305-1314

Of course more can be found in the various archival collections of the Archives nationales. You can search online in many inventories in the Salle des inventaires and in a second section with other inventories. Royal charters from the reign of Philip IV the Fair mentioning the Temple can be searched online in the Actes royaux database of the Institut de Recherche et d’Histoire des Textes in Paris with summaries (regestes)57 charters of the 4,900 charters in this database mention the Temple. They show very clearly the pivotal financial role of the Templars for the king. No. 2864 is the act about the Temple in JJ/35 (no. 203). The edition in the Corpus philippicum of the 6,000 royal charters issued between 1285 and 1314 has not yet been completed.

Is there a quicker way to find these digitized resources at the Archives nationales? Only as a second thought I used the search engine at the French cultural heritage portal Culture to look for the Templars. It surprised me indeed that I could quickly filter from the many thousand results those from for the reign of king Philipp the Fair, and arrive immediately at nine items digitized by the Archives nationales. In this post I mention twelve digitized items, and thus it seems the three items from the AE/II series at the Musée de l’histoire de France are not yet harvested by the search engine at Culture. In the ARCHIM database is a separate sections for the Grands documents de l’histoire de France where the three AE series appear online.

French regional archives

Outside the buildings of the Archives nationales at Pierrefitte-sur-Seine, Paris and Fontainebleau other French archives also have records touching upon the Templars. Viewing the sheer number of regional archives – only few French towns have a municipal archive – you might consider it an impossible task to find these records. At the international portal e-Corpus based at Arles, however, you can benefit immensely from the research done to build a Bibliothèque virtuelle des Templiers – MILITES TEMPLI. In this virtual library you find extensive information on the Templar records kept in the fonds of the Grand-Prieure de Saint Gilles of the Hospitaller Knights of St. John at the Archives départementales des Bouches-des-Rhône at Marseille. With the goods of the Templars their archival records, too, came to this military order. The second part of the virtual Templars’ library are the notices assembled by Bruno Marty from the catalogues of French regional archives about their archival records for the Templars. You can view the relevant digitized pages. Marty gives a very useful overview written in 2005 of archival records in the Provence and also elsewhere, and an extensive bibliography concerning the Templars (PDF, 44 p.). The digital collection at e-Corpus for the Templars contains four digitized historical documents, among them in particular the “Authenticum Domus Militiae Templi sancti Aegidii”, a register with documents from 1139 to 1259 from Saint-Gilles-du-Gard of which the original at Arles, Archives municipales, GG 90, has been digitized. More information about e-Corpus can be found on a blog at Hypotheses. At the time of finishing this post I could not reach the e-Corpus portal to check again and give you more details. Many sources for the Grand-Prieure of Saint-Gilles are kept at Marseilles in the Archives départementales des Bouches-du-Rhône. You can search the inventories of the various fonds online.

The Patrimoine numérique portal to digitized French cultural collections can bring you to at least four collections concerning the Templars. We have met here already the AE/II series at the Musée de l’histoire de France. Due to a broken link I could not reach at first the eighteenth-century Atlas du Petit et du Grand Saint-Jean (ADH, 55 H 3) kept at the Archives départementales d’Hérault in Pierresvives, a register with maps of possessions of the commanderie of Montpellier. At Puy-en-Velay the Archives départementales de la Haute-Loire keep a register from the seventeenth century of the Commanderie de Chantoin. The sources said to be digitized, including charters of the Templars at Larzac, are unfortunately untraceable at the website of the Archives départementales d’Aveyron in Rodez.

A multitude of books and resources

Sofar I have already a few times indicated online versions of books and editions. It is quite a feat to trace those scholarly books still worth using between all kind of other publications. Some of them can be found conveniently in L’histoire des moines, chanoines et religieux au Moyen Âge edited by André Vauchez and Cécile Gaby (Turnhout 2003), a volume of the French series L’atélier du médiéviste. Laurent Dailliez published a Bibliographie du Temple (Paris 1972) in which he followed earlier attempts by Périme Dessubre (1928) and Heinrich Neu (1965). Alain Demurger’s Vie et mort de l’ordre du Temple (third ed., Paris 1994) has a bibliographic supplement. The French guide to the history of religious orders mentions editions of the rule and statutes of the Templars and relevant studies about them. Surely the most publicized new edition concerning this military order was that of the Chinon document in 2008 [Barbara Frale et alii (eds.), Processus contra Templarios (Città del Vaticano, 2008)] and some accompanying documents kept at the Archivio Segreto del Vaticano [A.A. Arm. D 208-210, 211, 217(A), and Reg. Aven. 48]. These documents show that the investigation held between August 17 and 20, 1308 at the castle of Chinon led to the absolution by the pope of Jacques de Molay and the pope’s clear intent to rehabilitate the Templars. In 2011 Nathan Dorn told the story of the Chinon document in a fine blog post at In Custodia Legis.

A quick way to discern the scholarly quality of publications about the Templars is their presence in the online literature catalogue for medieval history of the Regesta Imperii at Mainz. Needless to say that you will eventually have to use other bibliographical resources, too, but this catalogue is most helpful. If you have found for example a digitized book in the Hathi Trust Digital Library you can easily check for it in this catalogue. The Online Medieval Sources Bibliography can help you to find more recent printed and online versions of editions and translations; for the Templars you need to choose the subject “Military orders”.

One of the serious digitized modern books about the Templars is the study by Alan J. Forey, Templars in the Corona de Aragón (Oxford 1973), online at LIBRO, the Library of Iberian Resources Online hosted by the University of Central Arkansas. Forey’s book has a very valuable section on manuscript resources in Spain. Last year I published a post about Aragon with a long paragraph about the Archivo de la Corona d’Aragón (ACA) in Barcelona. The ACA is home to many archival collections (fondos documentales) which are listed rather summarily but useful in a 25-page leaflet.

Forey mentions at p. 457 registro ACA, Real Cancilleria, 291 of the 343 (!) registers from the reign of king Jaime II concerning the trial of the Templars [Jaime II. Varia 5. Processus contra magistrum militesque Milicie Templi]. This register with more than 700 pages can now be searched online at the Spanish PARES archive portal. On the PARES search screen you select the ACA from a drop down list and you can start navigating through a tree structure – admittedly a bit cumbersome – to the fondos and items within them. At PARES the actual register 291 starts at fol. 22r. You can enlarge the pages of this document very much, but the quality of the images remains less than you would want it to be. Of course much more can be found in the ACA. In the Actes royaux database I found a notice (no. 3372) about a letter of king Philip the Fair to Jaime II of Aragón, written on October 26, 1307, about the interrogation of Jacques de Molay the day before. The letter is kept at the ACA, Templarios 39, and the notice has a reference to a copy of this interrogation held at the ACA [Real Cancilleria, Pergaminos 2481]. At the ACA, too, you will find records of the Templars within the fondo of the Hospitaller Knights of St. John, the Gran Priorado de Catalunya. Forey has written also about the fall of the Templars in Aragon [The fall of the Templars in the Crown of Aragon (Aldershot, etc., 2001)].

Myths and history

Were the Templars heretics? What were the motives of the French king to act against them? Doing research on the Templars bristles with a lot of questions for which I prefer to put aside the novels of famous authors. I promised to make this post not too long. Websites do not bring everything. I have kept on purpose a safe distance from specialized websites on the history of the Templars, because it is often very difficult to ascertain the quality of the information presented on them. A second reason is simply the lack of space in a single post! There is nothing against using printed studies, editions and translations. English readers can turn with confidence to the classic account by Malcolm Barber, The trial of the Templars (Cambridge, etc., 1978; often reprinted), and to the selection of translated documents edited by Malcolm Barber and Keith Bate, The Templars. Selected sources (Manchester, etc., 2002). The collection of scholarly articles edited by Jochen Burgtorf, Paul Crawford and Helen J. Nicholson, The debate on the trial of the Templars (1307-1314) (Aldershot, 2010) will give you a recent impression of the various subjects facing scholars. Dutch readers might start with Jan Hosten’s book De tempeliers : de tempelorde tijdens de kruistochten en in de Lage Landen (Amsterdam 2006) or Krijgers voor God : de orde van de tempeliers in de Lage Landen (1120-1312) by Michel Nuyttens (Leuven 2007). In this post I aimed simply at drawing your attention to some online resources which bring you to the original documents. I hope to have made you curious about the true history of the Templars which involves more than only the spectacular events between 1307 and 1314.

A postscript on manuscripts

By focusing on archival records in this post you would almost forget that manuscripts, too, are a very important source for our knowledge of the Templars. I will offer here a nutshell guide to French (digitized) manuscripts. The manuscripts catalogue of the Bibliothèque nationale de France and the Catalogue collectif de France, with its section for manuscripts, should provide a starting point. In two posts from 2011 on doing research for legal history in Paris and a post on French customary law – with a focus on Normandy – you can find more on manuscripts in some French libraries. You can tune the CCFr to show digitized manuscripts; among them is Paris, BnF, ms. français 1977Le règle dou Temple, written between 1301 and 1325. The portal Biblissima gives you further guidance to projects around medieval and Renaissance manuscripts in France. The Ménestrel portal for medieval studies, too, has a nice overview of French manuscript digitization projects. The project Bibliothèque Virtuelle des Manuscrits Médiévaux of the IRHT has no search function for content, but otherwise you can find here many digitized manuscripts. Relevant cartularies and editions of them can be found using the online Répertoire des cartulaires médiévaux et modernes with for instance much on the Templars’ cartulary of Saint-Gilles; charters and cartularies were in 2010 the subject of another post here.

More on e-Corpus

A few days after the publication of this post the French portal e-Corpus was again fully visible. Apart from the virtual library about the Templars there are among the 27 virtual collections at e-Corpus digitized books about old Provencal law (Aix-en-Provence), books on (Arabic) codicology from the Centre de Conservation du Livre in Arles, the main institution behind the portal, and digitized books on Islamic law (Marseille). The portal can be viewed in seven languages, including Arabic. Apart from the collections accessible at e-Corpus the organization supports some twenty other websites, with much attention to digitization projects for manuscripts.

On revisiting e-Corpus and the virtual Templars’ library I also found a link to the very sophisticated online version at the Université d’Avignon of Guillaume Mollat’s critical edition of Étienne Baluze, Vitae paparum avenionensium [1693] (4 vol., Paris 1914-1928). It is most interesting to read Baluze’s view of the trial of the Templars. As few others in his time Baluze (1630-1718) was equipped to look deep into the legal matters of medieval history.

Blogging about medieval glosses

Today I launched my new blog Glossae – Middeleeuwse juriidische glossen in beeld, “Glosses – Looking at medieval legal glosses”. The very heart of this blog is a manuscript fragment with glosses, marginal and interlinear comments, on Justinian’s Digest, not the ordinary gloss edited by Francesco Accursio (1184-1263) in the thirteenth century, but glosses by twelfth-century lawyers, collectively sometimes known as the glossators. The fragment with these early glosses surfaced during the cataloguing of fragments, in itself part of the preparation of a new manuscript catalogue at the Department of Special Collections of Utrecht University Library. Bart Jaski kindly provided detailed photographs of the manuscript (Utrecht UB, ms. fragm. 7.67) which help very much in the decipherment of the glosses which are sometimes very small and barely visible in the original.

The new blog is the first Dutch blog at the Hypotheses network, a French initiative. In 2012 a German branch has been founded. Encouragements from this branch helped me to decide to join this German portal. Of course the question of the main language for my contributions looms large. I have published a first, more general description of the blog in Dutch, with summaries in German and English. The study of medieval legal glosses is indeed marked by the uses of several modern languages, such as French, German, Italian, and Spanish. Publications in English are relatively new in this field. In my first post I mention the appearance of several blogs concerning medieval – in particular Carolingian –  glosses based in the Netherlands.

A very Dutch phenomenon is the collaborative study of manuscripts by both lawyers, historians and palaeographers. I feel privileged to have participated in the yearly Friday seminars on juridical palaeography at Leiden University. It seems this example has until now not be followed anywhere, but its advantages have been recognized and applauded. Scholars from Leiden, Utrecht and Amsterdam joined in the decipherment and study of medieval legal manuscripts, often covered with tiny glosses. By bringing together each other’s skills, talents and experience we were able to read these manuscripts and to discuss their contents at a level which hardly one of the learned participants could have reached independently. The seminar at Leiden gave me a living example of the great importance of scholarly exchange, discussion and support.

Even when writing (sometimes) in Dutch, a language spoken only by some 22 million people worldwide, I am very much aware of the need to transcend borders in time, language and approaches. I am happy that Bart Jaski will join me to write postings for the new blog, either about the manuscript fragment at Utrecht, about other juridical fragments, or about interesting projects and promising methods to deal with medieval manuscripts at large. In particular the use of digital tools to edit and comment on (layers of) annotation seems able to shed new light on the edition of medieval glosses, too.

In itself the fragment at Utrecht is not particularly long. Its importance lies in the presence of the relatively rare preaccursian – i.e. before the Glossa ordinaria edited by Francesco Accursio – glosses, which help us to document not only the development of medieval legal doctrine but also the growth of the mass with many thousand glosses at the disposal of Francesco Accursio during the decades in which he created the final form of the ordinary gloss. This year hope to bring you regularly news about my new project. Hopefully it will not distract me too much from this blog. I could not resist the opportunity to create a wider network around my new blog with a new Twitter account, @GlossaeIuris.

Protecting manuscripts in Mali to save cultural heritage and history

This month armed groups have been fighting in Mali. In a number of towns in this West-African country manuscripts are kept, sometimes in regular libraries, sometimes in the homes of families who try to preserve valuable sources for the history of their country. Timbuktu is the almost legendary town, the capital of a region with the same name. As for its name, the French spelling Toumbouctou can be found, too. Recently Tuaregs have tried to conquer Timbuktu in order to add it to a new Touareg state. The importance of the manuscripts present in Timbuktu and other cities in Mali has long been recognised. This week an appeal has been launched for the protection of these irreplaceable sources for the history of Mali, and more generally for West-Africa. The West African Research Association of the African Studies Center at Boston University is most active in promoting this urgent appeal. The IFLA, too, backs the appeal. Before more ruthless acts of violence take place with possible damage to people, their homes and belongings action is needed.

In this post I will look at research projects and digitized manuscripts from Mali. These projects might well preserve at least a part of the manuscripts and records that have survived sometimes for centuries, but are now closer to destruction than ever before.

The manuscripts of Timbuktu

The UNESCO has recognized the importance of the manuscripts in Timbuktu. Timbuktu itself was added in 1988 to the World Heritage List. Timbuktu has been home to a university since the fourteenth century. The manuscripts have been added to the Memory of the World register. With some disbelief I found only ten images in the UNESCO’s photobank for this project. Despite all efforts to study manuscripts in and from Mali the results to translate, edit and preserve them are still relatively meagre. The website of the Timbuktu Educational Foundation in Alameda, Ca., is one of the sites providing basic information on Mali and Timbuktu.

Today it was perhaps in illustration of this situation that even information on one of the largest relevant projects at the University of Oslo seemed at first to have disappeared. Between 2000 and 2007 Norwegian scholars have worked in a project for the preservation and promotion of the African literary heritage which led to an article and a provisional list of the manuscripts in the Ka’ati Library. More publications have resulted from the Toumbouctou Manuscripts Project sponsored by the Ford Foundation and the University of Cape Town. You can download three publications from the website, including a guide to the script used in these manuscripts. After registration you get full access to the database with transcriptions of manuscripts.

The African and Middle Eastern Division of the Library of Congress has digitized 32 Islamic manuscripts from the Mamma Haidara Commemorative Library and the Library of Cheick Zayni Baye of Boujbeha, both in Timbuktu. The manuscripts dating from the sixteenth to the nineteenth century are accompanied by presentations about Timbuktu and the history of Mali. The manuscripts can be searched in various way. Among the subjects are jurisprudence and Islamic law. The Library of Congress has also created an online exhibition on the ancient manuscripts of Timbuktu which covers much the same ground. In view of the current situation in Mali it is helpful to use the guide to web resources on Mali at the website of the Library of Congress.

The World Digital Library has within its collections 32 manuscripts from Timbuktu, all from the Mamma Haidara Commemorative Library, the very selection discussed here above. The Center for Research Libraries has created a digital library on the theme Slavery and Manumission Manuscripts of Timbuktu with 209 documents from the nineteenth century, again from the Mamma Haidara Commemorative Library, Timbuktu.

At Northwestern University, Evanston, Illinois, the Melville J. Herskovits Collection with Arabic manuscripts from West Africa contains a number of manuscripts from Mali. The catalogue to this collection can be searched online. Northwestern University has a digital collection Maps of Africa with some 100 maps. Stanford University provides a fine list of web resources on Mali, but apart from the projects already mentioned no other project for Mali’s manuscripts is included. Even the Internet Library for Sub Saharan Africa, a meta-catalogue and portal maintained by a number of German institutions, does bring only few projects relevant for Mali not yet mentioned here, but for anything else this portal can help finding answers or paths to answers on many subjects. The first project is based at Timbuktu, the Sauvegarde et Valorisation pour la Défense de la Culture Islamique. It has in particular helped renovating three libraries, and in creating a digital collection of manuscripts at Timbuktu, to be found at the Aluka portal with some three hundred manuscripts. Being accessible only to paying licensed users is a major drawback to view these digitized manuscripts at Aluka. The second project is La Bibliothèque des Manuscrits Anciens de Niger at the University of Niamey in Niger. This library holds manuscripts with texts from several countries in West Africa. Plans for digitization are announced in the library calendar.

Initially I did not find the actual location of the West African Arabic Manuscript Project, but in the end the URL itself is clear enough. In the project the Al-Furqan Foundation, the Centre Ahmad Baba in Timbuktu and Northwestern University combine their forces.This bilingual website (English and Arabic) offers a database with descriptions of some 23,000 manuscripts in several West African countries, including Mali. The introduction to the Timbuktu records explains that now some 9,000 manuscript descriptions from Timbuktu have been entered into the database. Between 1990 and 1998 five volumes of the catalogue of manuscripts in Timbuktu have appeared which have been used for the database. These manuscripts constitute a third of all manuscripts presently entered. This fact shows the importance of Timbuktu very well. A first simple search in the database – approachable in English, French and Arabic – for law as a subject yields already more than 900 results. Much more manuscripts have still not been recorded. The “digital library” of the Al-Furqan Foundation is in fact a manuscript catalogue. At present it contains some 7,000 manuscripts from Mali.

The National Library of Mali in Bamako is mentioned as one of the partners of the Réseau francophone numérique, a consortium of a number of national libraries in France and francophone countries around the world, but alas no item from Mali is included in this digital library.

A double challenge

When writing this post it became soon clear I face here two challenges, dealing with Africa and with Islamic law from the position of someone trained in European history and law. At my website and here I try to present subjects and themes from all over the world. Until now Asia, Africa and Latin America have been almost absent here. This post will certainly not redeem these gaps. In fact you might agree that slavery is another subject painfully avoided here, as is colonial history. In my latest post I did mention slavery in medieval Italy, not exactly the time and place where I had most expected to detect traces of slavery. It is only sensible not to put several major themes or subjects into one post, but I promise my readers that I will every now and then try to put an Eurocentric and anglophone approach aside.

Having made thus a solemn promise to present here a wider variety I will not hesitate to return briefly to this post’s subject. I would like to point you to a very useful list of digitized Islamic manuscripts at Archivalia, and to the website of the Islamic Manuscript Association. For this post I could use my notes for pages with relevant links on African law and Islamic law that I will eventually add to my legal history website. Writing about subjects stemming from every era, country and civilization need preparation if you want to create a result worth reading.

For your convenience I give an overview of digitized manuscripts:

Islamic manuscripts from Mali, Library of Congress – also at the World Digital Library
Timbuktu Manuscripts, Aluka-World Heritage Sites/JSTOR
– Slavery and Manumission Manuscripts of Timbuktu, Center for Research Libraries

A postscript

Both for the background of Mali’s history, the importance of the Timbuktu manuscripts and the actual situation an article for The Root, ‘Fabled Timbuktu in Peril from Malian Coup’, by Michael Gomez of New York University will tell you much more than I was able to do here. The Africa department of Radio Netherlands Worldwide brings more details on the capture and current situation of Timbuktu and civil war in Mali.

A second postscript

There is a second town in Mali home to many manuscripts, Djenné. I briefly mentioned a number of projects for safeguarding endangered archives in Djenné in a post in September 2014 about the Endangered Archives Project of the British Library. Following a pilot project (EAP 269) the projects EAP 488 and EAP 490 focus on manuscripts kept privately by families at Djenné, a treasure trove as important as Timbuctu. Some 4,000 manuscripts are now known against two thousand at the start of these projects. The website of the Djenné Manuscript Library gives a list of manuscripts. For the Dogon country the pilot project EAP 764 will deal with archival collections in Bandiagara. Among the new fundraising projects for Timbuctu is T160K. In 2013 the Hill Museum and Manuscript Library in Collegeville, Minnesota, too, is involved in digitizing amnuscripts from Timbuktu. For this goal the library received in 2014  a grant from the Dutch Prince Claus Fund. From January 28 to 30, 2015, a conference was held at Bamako, Mali to discuss plans for the future conservation and digitization of manusrcipts in Mali.

In 2015 Maja Kominko edited a volume of articles commemorating the efforts within the EAP, From Dust to Digital: Ten Years of the Endangered Archives Programme (2015), also available online. The digital version of this book has even embedded audiofiles. In this volume is an essay by Sophie Sarin, ‘In the shadow of Timbuktu: The manuscripts of Djenné’ (pp. 173-187), which you can download separately (PDF).

In 2014 Brown University, Providence, RI, digitized the only manuscript from Timbuktu in their holdings with magical and mystical treatises.

Spotlights on Henri Bohic, a medieval canon lawyer

When I started my blog in December 2009 I intended to give medieval canon law attention as often as possible. Nearly two years later it is clear I have widened the scope of my web initiative. This week I received a notice about a website dedicated to a French medieval canonist, Henri Bohic. Apart from the Domus Gratiani website maintained by Anders Winroth and the website created by Bruce Brasington and Martin Brett for the works of Ivo of Chartres there are subdomains for the forged decretals of Pseudo-Isidor and Benedictus Levita at the website of the Monumenta Germaniae Historica in Munich, but it is really rare to find a website dedicated exclusively to a medieval canon lawyer. Eric Knibbs’ blog about Pseudo-Isidore is one of the few sites to mention. Jean-Luc Deuffic enters a more virgin territory of the study of medieval canon law, the fourteenth century, with his website Henri Bohic, un juriste breton au Moyen Âge. The fact that Deuffic writes French should not stop you from looking at his new website.

A lawyer from Brittany

Henri Bohic was probably born around or before 1300 and died in 1357. Sometimes his name is spelled Bouhic or Boich. Deuffic uses on his website information he published in two articles, ‘Au service de l’Université et au conseil du duc. Notes sur le canoniste breton Henri Bohic (+ v. 1357)’, Pecia 4 (2004) 47-101, and ‘Henri Bohic et le receveur Yves de Cleder’, Pecia 9 (2009) 57-62. Deuffic is the editor of the journal Pecia for which he also has created a very interesting blog, Pecia: Le manuscrit médieval – The medieval manuscript. Deuffic adds to the summary biography of Bohic who had studied law at the University of Orléans. He taught in Paris and acted as a councillor to the duke of Orleans and king Philip VI. He owned a house in Paris called the Clos Bruneau. His family stemmed from the Bas-Léon, the most western region of Bretagne (Brittany).

Utrecht, University Library, ms. 615, fol. 9r

Henricus Bohic, Distinctiones in liber primum Decretalium; Utrecht, University Library, ms. 615, fol. 9r - image by kind permission of Utrecht University Library

Deuffic gives on the new website a very extensive list of the remaining manuscripts of Bohic’s major work, his Distinctiones super quinque libris decretalium, a commentary on the Liber Extra, the collection of decretals edited in 1234 by Raymond of Peñafort on behalf of pope Gregory IX. He adds to this some notes from archival records, a survey of printed editions, starting with an incunable published at Lyons in 1498, and a bibliography of studies which mention Bohic either in passing or in some depth. For both famous and less known medieval canonists Kenneth Pennington (Catholic University of America) provides on his webpages the provisional version of the volume with bibliographies that will eventually be published in the series The History of Medieval Canon Law. It has taken Pennington many years to bring together the massive amount of information in these Bio-Bibliographies of Medieval Lawyers. The project is now being extended to include jurists from the Early Modern period. Pennington gives four references to literature on Bohic, admittedly references to articles and a book paragraph summing up the knowledge at the time these authors were writing. In particular the article by Paul Fournier is important.

Knowing this one can only look in disbelief at the amount of notices and references found by Deuffic. Perhaps the seemingly indispensable search tool with all its accessory devices – yes, the one which name has almost surpassed the verb surfing in daily use – has helped, too, finding some of these references, but the results are stunning. These references are often concerned with the content of Bohic’s Distinctiones. The sheer number of manuscripts of Bohic’s main work, too, is a reason for pausing and looking attentively at Deuffic’s list, for he gives far more than listed by Giovanna Murano on her fine overview of Initia operum iuris canonici medii aevi. The number of manuscripts is flattered by the fact that in many of them only a part of Bohic’s commentary is transmitted. Even the manuscripts Amiens, Bibliothèque Municipale (BM), 365, Arras, BM, 445, and Chartres, BM, 270 with the complete text, consist of two volumes. For many manuscript notices Deuffic has provided links to the online version of the relevant library catalogue. Some of the colophons by the scribes in these manuscripts are very expressive!

In my eyes the number of manuscripts with Bohic’s Distinctiones containing illuminated pages is quite remarkable. Of the main text books of medieval canon law, the Decretum Gratiani and the Liber Extra many illuminated manuscripts are known,1 but apart from these works hardly any commentary on canon law received this honour. Frank Soetermeer found only a substantial number of illuminated manuscripts for the summa of Henricus de Segusio (Hostiensis) (circa 1200 – 1271), one of the most famous treatises on medieval canon law. 2 In my view the illuminated manuscripts of the Distinctiones point to a much higher rank and esteem for Bohic than modern historians of medieval canon law have thus far imagined. The number of manuscripts, too, is surprisingly high. Is it rash to guess that Bohic’s activity as a councillor to the French king has helped creating demand for his commentary? In the face of possible questions about the copyright for the images shown by Deuffic at his site I suggest you look either there or at the Enluminures website for illuminated manuscripts in French municipal libraries.

Medieval manuscripts and the pecia system

In the second part of this post I would like to look more generally at medieval manuscripts and the guidance for the study of this subject offered by Deuffic’s websites. The name of Deuffic’s blog Pecia stems from the medieval Latin word for a quire, a part or piece of a manuscript. In the cities with medieval universities the pecia system refers to the process of text control and multiplication. Quires of the official copy of a medieval text-book were lended by professional scribes to copy for their patrons, medieval students and other people using these texts. In many medieval manuscripts you can find pecia marks, indications of the particular quire and the sequence of peciae used to produce a manuscripts.3 The first volume of the Bohic manuscript Amiens, BM, 365, contains a note on the number of quires and refers to an official copy, an exemplar, held by the Carmelites: “Item sciendum est quod exemplar totius libri constitit in locagio Martino bedello Carmelitarum quinque francos”. This manuscript was produced in Paris. Soetermeer does not mention Bohic in his overview of juridical works available within the pecia system at Bologna and Paris, but it seems worthwhile to check the descriptions of Bohic’s manuscripts for the presence of pecia marks.

On the Pecia blog you will find more articles of interest for legal historians. On the blog appear regular posts in a series on medieval masters from Brittany. Among them figured recently Guillaume Chaloup (died 1370), a canonist at the University of Paris. One of the earlier post in this series is concerned with Guillaume de Rennes (around 1250), a decretist – a law professor teaching on the Decretum Gratiani – and his commentary on a summa by Raymund of Peñafort (circa 1180-1275). The books in the will of Laurent Surreau, a fifteenth-century canon of the cathedral at Tours, are the subject of another post. Surreau owned a substantial library with a lot of law books. Deuffic wrote about a missal from Italy owned by Thomas James, a canon lawyer and bishop of Dol-de-Bretagne around 1500. Recently Deuffic made a very useful list of the digitized volumes of the Gallia Christiana and its sequel Gallia Christiana novissima which offer precious information on the medieval history of French dioceses. The same post indicates also a number of digitized volumes of the Recueil des historiens des France. Deuffic alerted his readers recently to a new French database for researching illuminated manuscripts, Initiale.

This week Deuffic launched a second website, Manuscrits du Moyen Âge. Like the Bohic site Deuffic uses a new blog system. The choice for a grey background on both sites might hamper the visibility and contrast of the texts he publishes. As for now the second site seems to aim at publishing information about medieval manuscripts that will be sold at auctions.

The first time I noticed Henri Bohic was in citations of his work in the book of Nicolaus Everardi on juridical argumentation and in his consilia, extended advisory notes on juridical questions. Thanks to Jean-Luc Deuffic we now know a lot more about Bohic and about the transmission in manuscript and print of his legal commentary. It is really interesting to see how he and other masters from Brittany hold important posts in France, because this is one of the dimensions which show the degree of integration of the Bretons within France. Yves Hélory de Kermartin (around 1250-1303), a lawyer from Tréguier in Brittany, is one of the patron saints of lawyers, together with Raymund of Peñafort. It is good to realize this Breton lawyer stands not alone among the medieval lawyers from Brittany.

A postscript

When I created this post I did intend to point you also to the actions on behalf of the Wissenschaftliche Stadtbibliothek in Mainz. The city of Mainz has plans to either close this municipal library and to disperse its collections or to cut its budget drastically. You can sign the online petition to keep the rich collections at its place. The Stadtbibliothek has four manuscripts with parts of Bohic’s Dinstinctiones: II, 31 (liber V), II,118 (libri III-IV), II,231 (liber V) and I,1500 (liber V).


1. See Anthony Melnikas, The Corpus of the Miniatures in the Manuscripts of the Decretum Gratiani (3 vol., Rome 1975) and Kathleen Nieuwenhuisen, Het jawoord in beeld. Huwelijksafbeeldingen in middeleeuwse handschriften (1250-1400) van het Liber Extra (Ph.D. thesis, Vrije Universiteit Amsterdam 2000).
2. Frank Soetermeer, ‘”Summa archiepiscopi” alias “Summa copiosa”: Some remarks on the medieval editions of the “Summa Hostiensis”‘, Ius Commune 26 (1999) 1-25, online at the Max-Planck-Institute for European Legal History, Frankfurt am Main.
3. See for juridical manuscripts Frank Soetermeer, Utrumque ius in peciis. Aspetti della produzione libraria a Bologna fra Due e Trecento (Milan 1997), also translated as Utrumque ius in peciis. Die Produktion juristischer Bücher an italienischen und französischen Universitäten des 13. und 14. Jahrhunderts (Frankfurt am Main 2002).

Paul Krüger’s legacy at the Library of Congress

On August 15, 2011 In Custodia Legis, the blog of the law librarians of the Library of Congress, published a post by John Hessler who works in the Geography and Map Division of this library. Recently Hessler had been doing research on land ownership in Roman law when rare book curator Meredith Shedd-Driskell showed him a notebook by Paul Krüger (1840-1926), one of the most important German scholars in the field of the study of Roman law in the nineteenth century. He published editions of the Codex Iustinianus, the Institutiones Iustiniani and with Theodor Mommsen the editio maior of the Digestae, editions still in use today. His edition of the Codex Theodosianus remained unfinished. This notebook turned out to be not the only item written by Krüger present in Washington, D.C. A whole wall contains the private library of Paul Krüger which was acquired by the Library of Congress in 1930. The post contains a link to the PDF version of an article in the Library of Congress’s Law Library Journal by Hessler on his findings. He promises another article in the Revue d’Histoire des Textes. My immediate reaction was this post from Washington does merit more attention.

When reading this really interesting post I somehow could not help asking myself whether Hessler and Shedd-Driskell were really the first to detect the notes of Paul Krüger? As it turned out to be I could get an answer to this question in an almost too quick way. In 2005 appeared Library of Congress Law Library: An Illustrated Guide (Washington, D.C.: Library of Congress, 2005) edited by Jolande E. Goldberg and Natalie Gawdiak. This book has been digitized by the firm with the seemingly unavoidable internet search website, and thus checking it is really easy. On page 72 of this book the collection is concisely described. The Library of Congress acquired Paul Krüger’s private library in 1930. The library consists not only of notes on his edition projects. There are also some manuscripts and manuscript fragments, transcriptions from manuscripts, manuscript collations, facsimiles of papyri, and much more. In 1934 the Library of Congress made a list of all the items which Goldberg and Nawdiak judged to be preliminary. It seems clear Hessler is the first to study materials in the Krüger collection since its acquisition and summary description.

Habent sua fata libelli! And the memory of scholars, even those as deservedly known among the scholars of Roman law, can have its fate, too. In the small but useful Historikerlexikon. Von der Antike bis zum 20. Jahrhundert, Rüdiger vom Bruch and Rainer A. Müller (eds.) (Munich 1991) the name of Paul Krüger is not mentioned. The articles in the volume Juristen. Ein biographes Lexikon. Von der Antike bis zum 20. Jahrhundert, edited by Michael Stolleis (Munich 1995) do not mention him either. Gerd Kleinheyer and Jan Schröder, the editors of Deutsche und Europäische Juristen aus neun Jahrhunderten (4th edition, Heidelberg 1996), do mention only Krüger’s praise for the edition by Johann Göschen of the Institutiones Gaii. In 1884 Paul Krüger and Wilhelm Studemund published an edition of this text. I did not find an article on Krüger in the main German biographical dictionaries, which you can search quickly at the German Biographie-Portal.

Of course editors have to make tough choices when selecting names for inclusion in a small or large biographical project. Just how tough is graphically shown by the rare appearances of Paul Krüger. At the Portal Rheinische Geschichte I did at last find an online article in German with more details on this scholar who teached at Marburg, Innsbruck, Königsberg and Bonn. The post at In Custodia Legis helps to bring Krüger back into light. I am sure further research in the materials at the Library of Congress will yield important fruits for the historiography of Roman law.

A postscript

John Hessler has posted here some lecture notes and a number of photos from materials in the private library of Paul Krüger. The university library at Bonn has other papers from and adressed to Paul Krüger for which you can serach an online finding aid at the Kalliope portal.