Tag Archives: Manuscripts

May the best win! A look at legal history prizes

Some subjects on this blog come into view view thanks to kind alerts of scholars and institutions. Earlier this year the American Association for Legal History asked me to include a notice about one of its book awards in my congress calendar. Last week I received a message about an Italian premio in remembrance of Tullio Ascarelli and Domenico Maffei. The kind message of Paola Maffei prompted me to create a section in my congress calendar for the main prizes and awards in the field of legal history. Inevitably I will have overlooked some prizes in the first version, and hopefully you will inform me about other awards and prizes. Of course this offers me a chance to look here briefly at those prizes which I did find.

Prizes and awards

Banner Trinagle Wen Legal History, Duke UniversityLegal history portals are the obvious starting point for searching prizes and awards. One of the oldest still existing portals is Legal history on the Web of Duke University Law School. Its list opens with the prizes of the American Association for Legal History. The list of Duke University mentions two awards of the Law and Society Association, and the Morris L. Cohen Student Essay Competition offered by the Legal History and Rare Books section of the American Association of Law Libraries.

The list of the prizes offered by the AALH is rather long, and the number of themes and subjects is wide. In the list of Legal History on the Web one recently created prize is missing, the Peter Gonville Stein Book Award which is offered for the best book outside the field of American legal history. The Squire Law Library of Cambridge University has a page with a tribute to Peter Stein (1926-2016) by Lesley Dingle and Daniel Bates.

The Law and Society Association, too, offers a number of awards, two of them can be awarded for work in legal history, the general dissertation award and more specifically the J. Willatd Hurst Prize for a study in the field of socio-legal history.

The prize named after Morris Cohen is awarded for an essay dealing with matters touching legal history, rare books and legal archives. Cohen taught at several American law schools. His magnum opus is the Bibliography of Early American Law (6 vol., Buffalo, NY, 1998; supplement 2003). Morris Cohen (1927-2010) worked as a law librarian at several American universities. His obituary and the comments of colleagues show his importance as an inspiring scholar, teacher and book collector.

An international prize named after a scholar who died very young is the Premio Gérard Boulvert awarded at the Università degli Studi di Napoli by an international jury. Gérard Boulvert (1936-1984) did research in the field of Roman law. Mainly works on Roman law are entered for this competition. The interesting thing here is the presence of other smaller prizes.

One of the questions you face in creating a list of relevant prizes and awards is the choice between national and international prizes. At least two prizes deserved inclusion right away. The Deutsche Rechtshistorikertag, a biannual event, is open to scholars from all over the world, though scholars from Germany, Switzerland and Austria form a numerical majority. The Preis des deutschen Rechtshistorikertages is for young scholars. The Hermann Conring-Preis is an award for work in the fields of legal history, legal philosophy or legal theory. Hermann Conring (1606-1681) was a most versatile scholar who taught rhetoric, philosophy, medicine and political science. In one of his works, De origine juris Germanici (1643) he laid the foundations for academic research into German legal history.

So far we have already seen a few examples of multiple prizes. The Premio Ascarelli-Maffei consists of three prizes, the first for lyrical chant (Marcella Ascarelli Ziffer), the second for commercial law (Tullio Ascarelli) and the third for legal history (Domenico Maffei). Franca Ascarelli put some articles, a full bibliography and a curriculum vitae of her husband Domenico Maffei (1925-2009) on Academia, and also a PDF of a manuscript catalogue to which he contributed, the Catálogo de los manuscritos jurídocos de la Biblioteca Capitular de La Seu d’Urgell, Antonio García y García (ed.) (La Seu d’Urgell 2009). The first recipient of the premio for legal history is Manuela Bragagnolo (Max-Planck-Institute for European Legal History, Frankfurt am Main). She received the prize on October 5, 2019 in a ceremony held at the Biblioteca Comunale degli Intronati in Siena, a most fitting surrounding for this event.

Looking back I realize the research for my Ph.D. thesis on Nicolaus Everardi was certainly written under the impression of Maffei’s first book, Gli inizi del umanesimo giuridico (Milan 1956). His first book has become a classic study. Among his book-length studies are works such as La donazione di Costantino nei giuristi (Milan 1964) on the Donation of Constantine, Giuristi medievali e falsificazioni editoriali del primo Cinquecento : Iacopo di Belviso in Provenza? (Frankfurt am Main 1979), and with Paola Maffei Angelo Gambiglioni giureconsulto aretino del Quattrocento. La vita, i libri, le opere (Rome 1994). He edited also the massive catalogue of the I codici del Collegio di Spagna di Bologna (Milan 1992). Maffei’s deep knowledge of juridical manuscripts and old legal books, and his wide interests made him into a legal historian who pointed to roads for doing comparative legal history.

Let’s end this post with another prize which owes its name to a towering figure in the field of comparative legal history, The Van Caenegem Prize created in 2014 by the European Society for Comparative Legal History, and awarded every two year to a young legal historian for an article in this field. Last year I wrote her my personal tribute to Raoul van Caenegem (1927-2018). Seeing his very name helps me to remember also the David Yale Prize and the Sir James Holt Award offered by the Selden Society. The existence of a substantial number of prizes in the field of legal history should work as an invitation, in particular for young scholars, to put your very best work under the scrutiny of the juries, and to make your research benefit from these awards. Hopefully the list of awards and prizes can help a bit to push aside hesitations to enter one of these competitions.

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

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

History, nationalism, Romanticism

Logo MGH, Munich

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

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

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

A human history

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

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

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

A mighty enterprise

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

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

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

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

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

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

Time to celebrate

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

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

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

 

Syria’s cultural heritage online, a case for open access

Logo Open Access WeekFrom October 22 to 28 the yearly Open Access Week will be held. Around the world there are initiatives to create open access in various forms. Institutions can choose for degrees of openness for their digital collections. The debate about open access to major scholarly journals is very important for the future of science and its presence in society. In some cases open access is most helpful in tracing, monitoring and preserving cultural heritage. For Syria this is even absolutely vital. In this post I would like to look at some projects aiming to preserve Syria’s cultural heritage. The war in Syria has taken the lives of too many people. Invaluable objects from its long history have been destroyed, and the same fate threatens today.

Syria’s cultural heritage

The Blues Shield logo

The UNESCO has created the Observatory of Syrian Cultural Heritage. Its name sounds like The Syrian Observatory for Human Rights. This UNESCO observatory looks at buildings, movable heritage and intangible heritage, and it launches initiatives for their protection. You can find also information about the actions of UNESCO partners such as ICOM. The ICOM is home to the Observatory on Illicit Traffic in Cultural Goods and the Intangible Cultural Heritage & Museums Project, and ICOM has created other portals as well. ICOM works together with The Blue Shield, an organization which helps the coordination for saving and protecting cultural heritage in emergency situations. The UNESCO lists also other initiatives which aim specifically at Syria, some of the well-known, for example The Aleppo Project and the Damascus History Foundation. I could not help noticing Scanning for Syria, an international project led by Leiden University for scanning archaeological objects at Tell Sabi Abyad in the field and creating virtual reconstructions. You can find publications resulting from the excavations in open access in the Leiden University scholarly repository.

An important resource for finding such initiatives for Syria is the Syriac Reference Portal, but today I could not reach this website. Luckily I bookmarked a number of websites. The Syrian Heritage Archive Project has been created by the Museum für Islamische Kunst in Berlin and the Deutsches Archäologisches Institut. Some of the results can be seen in the iDAi Gazetteer, an interactive map system which is connected with other georeferenced resources. The information for objects in Syria can be approached in several ways, in particular using iDAI objects.

Logo Syri-Ac

The Open Access Week mentions at its website many groups and events, but the very word Syria is sadly missing. It makes me more eager to proceed here to initiatives which offer more substantial contributions for Syria. Syri-Ac is a portal to resources for the Syrian language, literature and culture. There is a generous links section and a scholarly bibliography. Among the valuable sections the overview of digitized Syriac manuscripts stands out. You can use a sortable or a faceted version. The sortable version shows concise descriptions of the contents, and you can perform keyword searches. The faceted version allows you to filter quickly for languages, holding institutions, authors and genres.

The E-ktobe: manuscrits syriaques catalogue created at the IRHT/CNRS (Paris-Orleans) gives currently detailed descriptions of a restricted number of Syriac manuscripts. No doubt this resource will grow in strength. One of the largest online collections with Syriac manuscripts with manuscripts actually held in Syria is presented in the Virtual Hill Monastic Museum and Library, better known under its acronym vHMML. You can view manuscripts after registration. No registration is needed for the palaeographical introduction to Syriac scripts in the online School of the HMML. A perhaps unexpected number of digitized manuscripts and fragments containing items in Syriac can be found at the portal of the International Dunhuang Project, but thanks to Syri-Ac you are alerted to nearly 650 fragments. The Dunhuang project deals mainly with Tibetan texts and manuscripts found in the Chinese town Dunhuang.

Epigraphy is a scholarly field with a tradition for researching a part of Syria’s cultural heritage. Searchable Greek Inscriptions has an overview of online resources for Greater Syria and the East. In particular but not exclusively Palmyra is mentioned among the resources. The Università Ca’ Foscari in Venice has created The Ebla Digital Archives for royal inscriptions from the third millennium BCE found in Ebla/Tell Mardikh. The closeness of Syria to ancient and modern empires comes into view at the Hethitologie Portal Mainz which deals with cuneiform inscriptions found in modern Turkey and northern Syria. The Khalili Research Centre of Oxford University is responsible for OCIANA, the Online Corpus of the Inscriptions of Ancient Northern Arabia, an area which covered at least a part of southern Syria.

One of the general resources for Latin inscriptions is the Photographic Database within the Epigraphic Database Heidelberg. You can also search for images of inscriptions at the EAGLE portal. With the EAGLE mobile app you can take photos of inscriptions in situ and compare them with the database.

Finding more

Starts screen Monuments of Syria, Ross Burns

This post could be much longer, but maybe it is important to realize projects can easily be overlooked. Initiatives do not come from just one country. Some countries have institutes in the Middle East which watch developments in Syria carefully, others follow the Middle East since decades both on location and from the outside. The American School of Oriental Research (ASOR) in Alexandria, Virginia, has created the platform ASOR-Syrian Heritage with reports on damage inflicted to cultural heritage. The ASOR has a digital archive for its rich history in archaeological excavations. The University of Wisconsin, Milwaukee, has an extensive digital collection with photographs from the library of the American Geographical Society and also the Wisconsin Palmyrean Aramaic Inscription Project. Damage to archaeological sites in Syria is discussed in particular by the Association for the Protection of Syrian Archaeology. Monuments of Syria preserves literally images of the situation in 2011 and gives links to a number of resources. These are just a few of the websites you, too, can find using the ever-active Ancient World Online blog maintained by Charles Jones. Access to Mideast and Islamic Resources is an online journal which helps you to find just what it promises

Just as we cannot take open access as granted, we cannot afford to think every project concerning Syria can be traced easily. Online maps such as the one concerning the civil war in Syria or a similar map at Edmaps are ready at hand, but you need to search for other resources. It is a lucky situation the results of research in the filed of Classical Antiquity can almost always be found in open access. In Europe many people can benefit from an autumn holiday week. For those who like to sit behind a computer screen or surf with a tablet there is every chance to discover next week lots of resources in open access about a country which goes through a dark period in its long history. For me it would suffice if this post invites you to find out more yourself.

A twin approach to the inquisition in the medieval Languedoc

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

Manuscripts, registers and editions

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

Inquisition register, 1245 – Toulouse, BM, 209, f. 2r (detail) – image: BVMM (IRHT/CNRS), https://bvmm.irht.cnrs.fr

The project The Genesis of Inquisition Procedures and the Truth-Claims of Inquisition Records: The Inquisition Registers of Languedoc, 1235-1244 in York led by Peter Biller started in 2014 and will run until 2019. Dealing with the medieval inquisition in the Languedoc is a vast territory, but the focus on a single decade is surprising, no doubt dictated by the resources the team at York wants to use. The manuscript at the center of an earlier post, Toulouse, Bibliothèque Municipale, ms. 609, contains depositions from two years, 1245-1246. Jean Duvernoy provides a complete transcription of Touluse BM 209 at his website. In my 2011 post I had to report severe shortcomings in the quality of the digital version provided by this library, but in its appearance within the Bibliothèque virtuelles des manuscrits médiévaux (IRHT) the register is now displayed in full glory. You can enlarge the images which show perfectly sharp photographs, waiting to be deciphered by anyone. My second post was a report on my search for a digital version of the edition of the famous inquisitorial register kept by Bernard Gui published by Phillippus van Limborch in his Historia inquisitionis (Amsterdam 1692). Van Limborch edited the texts in a manuscript now held at the British Library, Add. 4697, edited by Annette Pales-Gobilliard in Le livre des sentences de l’inquisiteur Bernard Gui, 1308-1323 (2 vol., Paris 2002). In this post I tried also to provide a starting point for online research concerning the inquisition in the medieval Languedoc.

The project of Jean Colbert and Jean de Doat

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

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

Doat 24, f. 7v-8r

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

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

The team at York will first of all prepare an edition of the four Doat registers with English translations, but other questions will be addressed, too. There is a tendency in modern scholarship to see medieval heresy to a substantial extent as a construction of people in the medieval Catholic church. In this view the depositions are the very point where medieval people and views on heresy and church come together. The role of inquisitors, their background and the historical context need to be studied in all necessary detail to test this powerful hypothesis about the creation of heresy as a concept aimed at prosecution. In view of the lack of modern editions of texts and archival records concerning medieval law in general, and more particular for resources concerning medieval canon law and forms of medieval inquisition, it is understandable to work first on critical editions. Among the features of the project website is the Literary Supplement with announcements of new publications, in the texts section translations of some legal consultations and a number of interrogations from Toulouse BM 209, and a bibliography, mainly of translations in English and French. Biller mentions the role of seventeenth-century historiography in religious history, not only for the mainstream Church but also for other possibly dissenting movements.

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

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

Long awaited

Banner "The Great Inquisition"

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

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

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

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

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

A postscript

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

New views on digitized medieval manuscripts: Parker Library 2.0

Startscreen Parker Library on the Web

An old advertisement trick is using the words new and better. In this post I will look at a new version of a digital collection with medieval manuscripts which indeed can now be reached to a fuller extent. Parker Library on the Web 2.0 is the fruit of cooperation between the Parker Library of Corpus Christi College, Cambridge and Stanford University Libraries. The first version of this most varied digital collection did not make everybody happy. Let’s look here at some of the changes, and also make a tour of manuscripts which can be connected to legal history.

Removing the barriers

For some reason Corpus Christi College, Cambridge had until January 10, 2018 granted only partial online access to external users for viewing the more than 500 medieval manuscripts in its rich collections. The main problem was you could not look properly at contextual data for the manuscripts, and you were deprived of viewing bibliographical information. One of the jewels guarded is an illustrated manuscript with the chronicle of Matthew Paris (ms. 16), with one of the most used depictions of a medieval church council at f. 43v. I could not show it to you in my 2015 post about the Fourth Lateran Council of 1215. However, the important manuscript catalogue by Montague Rhodes James, A Descriptive Catalogue of The Manuscripts in the Library of Corpus Christi College Cambridge, Vol. I (Cambridge, 1909) and Vol. II (Cambridge, 1912) could already be consulted online, but not the information about more recently added manuscripts or about research concerning them since the work of M.R. James was published.

The new version of the digital Parker Library makes up for a lot of these deficiencies. The library now offers an overview of the successive manuscript catalogues where you can view online or download them. The Parker Library owes its start and a substantial number of its earliest manuscripts to archbishop Matthew Parker (1504-1575). As archbishop of Canterbury he donated in 1574 some 400 books to Corpus Christi College. Many of these books come from monasteries dissolved in 1535. Since 2010 you can follow the Parker Library also on its blog and on Twitter.

Is everything now readily accessible in the new version of this digital library? I could not help proceeding immediately to Matthew Paris’ Chronica majora and f. 43v of ms. 16. The first thing I noticed was the not quite convincing working of the general search field. Searching without filter, using Everything for “Chronica majora”, leads you only to references about this chronicle, and not to the manuscript itself. In 2003 the manuscript and its binding were separated. The manuscript is now called 16II. When searching you have to add a prefix zero, 016. You will have to consult the Hints and Tips section in order to create successful searches. On reaching ms. 016II I looked in vain for the famous illustration. Its presence is not indicated in any way, but you can guess something is missing because you can view only the upper half of this manuscript page. Anyway, you can find perhaps some consolation in the online presence of the study by Suzanne Lewis, The art of Matthew Paris in the Chronica majora (Berkeley, CA, etc., 1987; online, Internet Archive). The image of the cardinals at Lateran IV is shown in black-and-white on page 122.

Logo Parker Library

I had rather not hide the qualities and working of the search function in Parker on the Web 2.0. In fact searching was much easier in the previous version, much more what you would expect concerning search fields than in it 2018 upgraded version. It is a change from a tantalizing distance to things just out of your reach, to a situation where you can go to almost everything, provided you apply your previous knowledge very consciously. In the old situation I would usually skip looking at James’ descriptions, now his clues prove still helpful. The most striking feature is the general search field. Each of the six filters needs careful handling to get useful results. A good example are the 20.000 page details which you can filter using the fields of the general search mode. I had expected these filters to be situated to the left of these results. I suppose also I prefer creating a specific search at the start above applying filters afterwards. Of course I filtered the results for ms. 16II, but the famous illustration is conspicuously absent here, too. However, having a vast bibliography for this manuscript is a thing for rejoicing…

Legal history and the Parker Library

Richardus de Pophis, Summa dictaminis secundum stilum romanae curiae

Richardus de Pophis, Summa dictaminis secundum stilum romanae curiae – Corpus Christi College, Cambridge, Parker Library, ms. 445, p. 3 – image Master and Fellows of Corpus Christi College, Cambridge. Licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.

After this foray into the functioning of the new presentation and attempting to find a very particular illustration it is best to try to uncover the rich manuscripts of the Parker Library in another way. Lately Ben Albritton, involved at Stanford with technology concerning digitized manuscripts, wondered at Twitter why a particular manuscript [CCCC MS 445: Richard de Pophis, Summa dictaminis secundum stilum romanae curiae] was the least visited item of the online Parker Library. This text is concerned with the wording of acts and letters in use at the papal curia, more commonly dubbed the cursus. Let there be no misunderstanding that I could retrieve ms. 445 without any problem. This manuscript is certainly to be linked with medieval canon law, yet it does not occur among the 22 search results for “canon law”. On closer inspection there is no field in the full description for genre and/or subject. A similar search for Roman law brings only four manuscripts. Ms. 77 with Guilhelmus Duranti’s Speculum iudiciale rightly figures among the results in both searches. The variety of texts, including the Decretum Gratiani, the Decretum of Ivo of Chartres, other decretal collections, registers and cartularies, gives you a fair idea of the range of texts concerning medieval canon law. In this respect, too, the Parker Library is indeed interesting.

Logo IIIF

Wisdom tells me a search for statutes might be more useful than searching for English law, but eventually both yielded some twenty results with not much overlap, another testimony to the rich variety of the Parker Library, but also a fact pointing to the importance of classification. When you search apart from canon law, Roman and English law, for glosses, decretals and judges you will find here most of the manuscripts touching upon legal history. However, the tricky thing is that you cannot be sure you have found all relevant materials without checking also the manuscript catalogues. This diminishes the importance of the new use here of the International Image Interoperability Framework (IIIF) for easy and reliable comparison of manuscript images. The Parker Library scores with the easy access to the current and historic manuscript catalogues. For some manuscripts the bibliographical information is excellent. I had some trouble with the Mirador viewer used here to implement IIIF, although this viewer has been optimized for this aim. You can use the arrows to flip through a manuscript, but in the top field with the indication of the page or folio number nothing changes. At other websites I did not have this problem with the Mirador viewer.

Keeping in mind I used here the new version of the Parker Library it seems some problems, such as the counter of the viewer, are typically early user problems which hopefully will be addressed and solved quickly. Finding a particular category of texts or a manuscript genre is not completely possible. I realize I am perhaps too much inclined to the use of categories and tags and to prefer very specific search questions, but I am convinced good classifications are really helpful. Having access to bibliographical information and being able to compare images in a reliable way with manuscripts elsewhere, is certainly among the strengths of the Parker Library. It will be helpful, too, when a correct link to Parker Library on the Web 2.0 is also added to the great portal with the Digitized Medieval Manuscripts App (DMMapp). Let my first impressions not deter you from visiting the new gateway to the medieval manuscripts of Corpus Christi College, Cambridge!

Editing medieval royal laws from Spain

The start screen of 7 Partidas Digital

Last month I wanted to refresh my blogroll. Among the additions one blog stands out because its name does not start with a letter, but with a number, and it appears now as the very first item of the blogroll, reason enough for further exploration. It is a project for a new edition of laws created by a king with perhaps the best reputation of all medieval kings, at least in modern perception. Alfonso el Sabio, or Alfonso X of Castile, king Alphonso the Wise, wrote the songs of the Cantigas de Santa Maria, and he created a famous law collection, the Siete Partidas (Seven Parts). For a new critical edition of this collection the Spanish team of editors have created the blog 7 Partidas Digital: Edición critica de las Siete Partidas, hosted by the Hypotheses network. In this post I will look at this project and I will try to provide some context for it.

Studying medieval laws

Royal legislation in the Middle Ages is not easy to bring under one common denominator. Scholars such as Sten Gagnér (1921-2000) have helped us much to see legislation in new light, in particular in his Studien zur Ideengeschichte der Gesetzgebung (Stockholm, etc., 1960). Armin Wolf focuses in his research on medieval legislation, in particular in Gesetzgebung in Europa 1100–1500: Zur Entstehung der Territorialstaaten (2nd edition, Munich 1996), and like Gagnér he has written about a great variety of laws and lawgivers, including Alfonso el Sabio (1221-1284). In 2002 the Max-Planck-Institut for European Legal History in Frankfurt am Main could acquire the vast library of Gagnér. Michael Stolleis, for many years the director of this institute and a scholar trained by Gagnér, wrote a moving and most instructive tribute to Gagnér [‘Sten Gagnér (1921-2000), ein großer Lehrer der europäischen Rechtsgeschichte’, Quaderni Fiorentini 29 (2000) 560-569; PDF]. For many years Wolf, too, worked for and at this institute. His fundamental book about medieval legislation first appeared in a volume of Helmut Coing’s Handbuch der europäischen Privatrechtsgeschichte. It is by all means wise to benefit here, too, from the rich resources of this Max-Planck-Institut, starting perhaps with the online catalogue of its library.

Let’s start a tour of the blog 7Partidas Digital, a project at the Universidad de Valladolid. There have been two major adaptations of this legal collection, in the incunabula edition of 1491 (Alonso Díaz de Montalvo) and the edition published in 1555 (Gregorio López), and a semi-official edition in 1807 by the Real Academia de la Historia, but not yet a critical edition. The aim of the project is to bring together all textual sources and present them online, to create an online critical edition and to provide a up-to-date bibliography of relevant scholarship in a Zotero group. The bibliography takes as its starting point the study of Jerry Craddock, The legislative work of Alfonso X. A critical bibliography (London 1986; 2nd edition, 2011). You can consult the 1986-1990 update of Craddock’s bibliography online (eScholarship, University of California). Already the fact that Craddock could adduce manuscripts not earlier included and comment on them should make you aware of the complicated textual tradition of the Siete Partidas and other Alphonsine laws. By the way, Robert Burns added an introduction to the reprint of the English translation of the Siete Partidas by S.P. Scott (first edition 1931; reprint 5 vol., Philadelphia, 2001, 2012).

Logo 7PartidasDigital

The core of the project is the online edition hosted at GitHub which is being created using XML / TEI. TEI stands for Text Encoding Initiative, one of the major metadata standards in creating digital text editions. As for now the project has resulted in editions of some textual witnesses kept at Valladolid. The Siete Partidas is a rather large legal code. The section Léxico explains the incunabula edition in 1491 contains 772,000 words. The first part (Primera partida a.k.a. Libro de los leyes) in one particular manuscript (London, British Library, Add. 20787, sigle LBL) good for more than 165,000 words. The image of a kind of Spanish armada, a fleet with an outsize flagship and many minor vessels around it, is probably a fair description. The project will create a special dictionary for the Siete Partidas, of which the letter Z, the only one already publishedgives you an idea.

The section Testimonios gives you a general overview of relevant manuscripts and their contents, mainly as noted in the Philobiblon project for Iberian medieval manuscripts (Bancroft Library, University of California at Berkeley), and for a number of them – including LBL mentioned above – extensive descriptions. One of the scholars helping to track down manuscripts with laws issued by Alfonso el Sabio was the late Antonio García y García. A further asset on this web page is an interactive map showing where institutions have relevant manuscripts within their collections. An essential element in this project are the Normas de codificación, the rules for the encoding of the text and the critical apparatus in the XML / TEI pages, and additional guidelines for the transcription of the legal texts.

Access to Alfonso’s laws

Banner BDH

By now you might think all this information does not yet bring you directly to the texts associated with king Alfonso el Sabio, but you could as well admit that some preparation is needed indeed to approach them. I had expected to find here both images of manuscripts and an edition on your computer screen, and therefore I would like to provide you at least with some information about the most important printed editions. A text of the Sieta Partidas was printed twice in 1491 [Las siete partidas de Alfonso X el Sabio, con las adiciones de Alfonso Díaz de Montalvo (Seville: Meinardus Ungut and Stanislaus Polonus, 25 October 1491; GW M42026, online for example in the Biblioteca Digital Hispánica)], and two months later again with the same title [(Seville: Compañeros alemanes, 24 December 1491) GW M42028, online in the Biblioteca Virtual del Patrimonio Bibliográfico (BVPB)]. The Gesamtkatolog der Wiegendrucke (GW) (Staatsbibliothek zu Berlin) and the Incunabula Short Title Catalogue (British Library and CERL) show you concise bibliographical information and lists with extant copies worldwide, for both editions rather short lists. The edition by Gregorio de López de Tovar appeared in 1555 and can be viewed online in the BVPB [Las Siete Partidas del Sabio Rey don Alonso el nono (…) (Salamanca: Andrea de Portonariis, 1555)].

The Biblioteca Digital Hispánica brings you not only a number of old reprints, some of them enhanced with useful registers, but also a number of digitized manuscripts. It contains also a digital version of the edition published by the Real Academia de la Historia (Las Siete Partidas del Rey Don Alfonso el Sabio cotejada con varios códices antiguos (…) (Madrid 1807)]. The Hispanic Seminary provides you in its Digital Library of Old Spanish texts in the section for Spanish legal texts with a transcription of the Primera Partida in the 1491 edition. You can find more editions and books about the Siete Partidas in the Catálogo Colectivo del Patrimonio Bibliográfico Español, and for example in the Bibliografía Española en Línea, a service of the Biblioteca Nacional de España, and more specifically in the Repertorio del Medievalismo Hispánico (Institución Milà y Fontanals, Barcelona).

In the midst of all these elements I would almost forget to mention the blog posts of Siete Partidas Digital, to be found under Entradas. The most recent contribution in this second is a full-scale article by José Domingues (Porto) about the Portuguese version of the Siete Partidas and its manuscript tradition (A Tradição Medieval das Sete Partidas em Portugal). The first blog post alerts to the 2015 revised online version of Dwayne E. Carpenter, Alfonso X and the Jews: An Edition of and Commentary on Siete Partidas 7.24 «De los judios» (thesis, University of California, 1986), and to new textual witnesses found in the Archivo de la Real Chancillería de Valladolid, referred to in the edition with the sigle VA4, but alas the links to the finding aid with these archival records and to the article describing them are broken. However, here the project in Valladolid scores with its section on text bearers: The page on VA4 gives you full information, but here, too, you have to reckon with links to Spanish archival records which stem from expired web sessions. You will have to repeat yourself each consecutive step of the search at the rich but cumbersome navigable PARES portal, the digital home to both online inventories and many digitized archival records in Spanish state archives. You will find a quick introduction to Alfonso el Sabio and the texts concerning the legal status of religious minorities in the Siete Partidas in the database of the RELMIN project around the position of these minorities in the medieval Mediterranean, with also some references to basic modern literature, and for each of the relevant texts a translation, an analysis and references to further studies. RELMIN provides you with sometimes both English and French translations.

Normally I would feel rather exhausted, or to be honest definitely feel irritated, to say the least, about such a sorry state of affairs, the combination of a broken link and arduous recovering information using the PARES portal, but this time I can appreciate very much one of the things Sten Gagnér taught his students, not only in his lectures and seminars, but foremost by his own example. At the end of this post I really want to mention something Michael Stolleis made crystal clear in his tribute to Gagnér. He wanted his students to see things for himself in sources, to trace back and check the steps others had set, be they the pioneers and leaders in the various fields of legal history or more average scholars, to see the very words in the sources they found, to assess the meaning and context of words anew. Studying legislation in past and present in all its forms should be an exercise in good thinking, not a slipshod affair, as if you only have to dip your spoon in an ocean of sources. No school, department or faculty can provide you completely with his kind of training, because here your own intellectual honesty and drive to become and be a true historian should work for all you are worth, for all things and people you value most.

A postscript

After the things I said about the PARES portal I must do justice to the riches of this portal by referring to the wonderful online guide by Scott Cave and Ashleigh Dean, aptly called Taming PARES. Their guide really unlocks this treasure trove!

The Casa Velasquez in Madrid will host from November 2 to 4, 2017 the conference Las Siete Partidas: une codification nomrative pour un nouveau monde.

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 others 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 text. 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 a consilium with 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 in the Vatican Library 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, a massive legal encyclopaedia, ‘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, available in print and online. 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.

A postscript

In 2018 a third volume of the Autographa series appeared on Donne, sante e madonne : 1 : (da Matilde di Canossa ad Artemisia Gentilschi) (Imola 2018).