Tag Archives: Medieval canon law

Looking at fragments

The exterior of Utrecht Univrersity Library, location Utrecht Science Park

In December bloggers face the perennial challenge of the seasonal post. In my view 2020 has hardly had any regular season. The world has changed in many ways. What seemed certain has become the object of doubts, and uncertainties have come into the spotlights. I will not pretend to see things better here than anyone else. My Dutch view is no cure for everything!

Like someone standing outside Utrecht University Library you cannot look directly into what’s inside. Our visions are often fragmented, and thus it seems appropriate to look here simply at some fragments of charters and manuscripts I could recently study at the Special Collections of Utrecht University Library. Reporting from field work may not have the same status as presenting glorious final results, but it is in a way closer to tangible objects. Fragments offer a glimpse of a larger whole, and sometimes they are a kind of time capsule. Faithful readers know about my penchant to bring in here every now and then a very particular location, but this time it comes just briefly into view, perhaps only as a possible sequel in 2021.

History in fragments

Once upon a time it was clear a library contained books and an archive archival collections, but this nicely organized world seldom existed in real life. Archives can have a substantial library collection, and a research library can have important archival collections in its holdings. The history of a number of archival collections from medieval institutions and manuscripts held at Het Utrechts Archief and Utrecht University Library is a good example. Generally archival collections can be found now at the combined municipal and provincial archive, and most manuscripts are held at the university library, but some remarkable exceptions exist. Luckily Utrecht University Library created an online repertory for its archival collections. The manuscripts at Het Utrechts Archief can be found in the online library catalogue. Some of these manuscripts have been digitized.

Sometimes there is another explanation. The Wttewaal van Stoetwegen family brought the papers of the Wickenburg estate (‘t Goy, now part of Houten) into the care of Het Utrechts Archief [toegang (finding aid) 254], but other papers and charters are kept since the early twentieth century at the university library. Its inventory lacked descriptions of the charters, After a frst foray it became only natural to describe these charters as a sequel of the fruitful cooperation between both institutions in recent years, in particular for the exhibition and essay volume Perkament in stukken [Parchment in pieces] (2018).

Fragments of charters came also into view in my project which thus goes beyond the eighty charters of the Wttewaal family. A number of charter fragments had been described summarily in Latin in the manuscript catalogue [P.A. Tiele, A. Hulshof and B. Kruitwagen (eds.), Catalogus codicum manu scriptorum Bibliothecae Universitatis Rheno-Trajectinae (2 vol., Utrecht-The Hague, 1887-1909; online, UB Utrecht, vol. I and II)]. The manuscript catalogue and later additions have been integrated into the online library catalogue; a guide for special materials helps you to use the catalogue and other resources efficiently. A substantial number of fragments has been taken from the bindings they once reinforced, some of them without due reference to the host volume, others with clear references to their origin.

Other fragments can in particular be found in situ in bookbindings made for Hubert van Buchel (1513-1599), a canon of the collegiate chapter of St. Mary’s at Utrecht. In 1569 Buchel fled to Cologne. In his will he donated his books to the parish of St. James’ at Utrecht, but no doubt the church wardens must have influenced the final decision to add them to the collections of the city library founded in 1584, the nucleus of the university library founded in 1636. My project was restricted to charter fragments. Vito Santoliquido (ENNSIB, Lyon) recently looked for Fragmentarium at the entire corpus of maculature fragments in books with a Van Buchel provenance, a collection with some 1,000 relevant volumes. I dealt with just over one hundred charter fragments.

For strengthening the bindings of his books Van Buchel provided the bookbinder with parchment and paper from books which might have belonged to the chapter of St. Mary’s. He even jotted down the costs of many bindings. Few manuscripts from this collegiate chapter survive nowadays. The fragments might offer a kind of window on the books held and read by the canons of St. Mary’s at Utrecht. At Fragmentarium Vito Santoliquido gives a sketch of his research project Maculature in the Van Buchel Collection.

It is tempting to continue here with a paragraph about the aims of fragments research. In the past years it has become a discipline with a name of its own, fragmentology, and even a journal with this title, thus claiming its own distinct place next to codicology and palaeography. In the second part of this post I will look at some fragments with a clear connection to legal history. At my blog Glossae. Middeleeuwse juridische handschriften in beeld I published a few days ago a succinct account of these fragments in German, ‘Utrechter Fragmenten und Urkunden’. At Glossae you can find also an overview of projects and catalogues concerning medieval manuscript and charter fragments.

Some legal fragments

Two parts of fragment Hs. fr. 6.92 reunited

Two parts of fragment Hs. fr. 6.92 reunited – Utrecht UB, Hs fr. 6.92

Legal history is the focus in the second part of this post, but it is necessary to remember other perspectives can be equally interesting and important. I would like to start with Utrecht UB, Hs fr. 6.92, coming from a Van Buchel volume (108 O 12), not just one fragment, but two sets of cuttings, group A with ten larger and one small scrap, and group B with ten cuttings. Of course I started trying to fit the parts of group A together, but this did not work. Combining the two sets was the obvious solution, but actually they still are kept as distinct sets, with a notice on the combinations I worked out for them.

Looking at fitting underlinings and dates proved to be clues to find adjacent parts of the cuttings. Here the data helped me to find the right parts, January 13, 1528. Other parts contain information about a case concerning a house in Cologne, the question of the validity of a mandate, and a letter from the official of the archbishop of Cologne, his ecclestastical judge, to the plebanus of Bonn. Some of the acts in these cuttings have marginal annotations about an act. One of the questions around these cuttings is their nature: Are they part of a kind of trial file or are we looking at a legal consultation (consilium)? As for now I opt for the first interpretation. Apart from two dates in 1527 and 1528 the names of some lawyers appear. At least one of them, Bernhardus de Harderwijck, can be traced in the Repertorium Academicum Germanicum and the Repertorium Germanicum for papal registers at the Romana Repertoria portal (Deutsches Historisches Institut, Rome). He started his studies at Cologne in 1486 and got his doctoral degree in law in 1510, the year he also joined the tribunal of the Reichskammergericht, then at Speyer.

There is a second set with sixteen similar cuttings, Hs. fr. 6.77, from F. oct. 76, another Van Buchel volume. The year 1522 is mentioned in them, and also the word Coloniensis appears within a very similar layout and the same cursive script, which suggests they could belong to the other fragment. However, these sixteen cuttings did not fit together when I tried to repeat my actions with them.

Trial document in Utrecht 108 N 9

A fragment of a trial document bound with Utrecht 108 N 9

In the volume 108 N 9, also with a Van Buchel provenance, I saw yet another cutting which seems to stem from the document cut into pieces and now kept as fragments 6.92 and 6.77. The handwriting looks very similar, although the interlinear space here is larger. It seems safe to assume at least a datation between 1520 and 1530. It seems logical, too, to locate its origin in the German Lower Rhine region. This fragment mentions a dean and a church without any further indication of a specific location. It would be wonderful to trace yet another fragment still in situ within one of the volumes once owned by Van Buchel or among separately kept fragments, but with possibly three witnesses of the existence of a legal document the harvest is already interesting in itself. One of the immediate challenges facing me is to try to fit pairs of these cuttings into single folia. As for now for each act there are only beginnings, parts representing texts halfway and endings, a tantalizing state of affairs. It is a sobering thought other fragments need to be described first consistently, too, before starting a miniature quest to reconstruct these acts.

A canon law fragment bound with the volume E oct. 122

A canon law fragment bound with the volume E oct. 122

The third example I want to present here concerns two fragments of a lecture on canon law, bound with the Van Buchel volume E oct. 122. On one side of the fragment with two columns the words per osti. in su., “per Hostiensem in summa”, stand for Hostiensis, the nickname of Henricus de Segusio, cardinal of Ostia (around 1190/1200-1271). The first version of his summa was completed in 1250-1251, which provides us with a terminus post quem for dating this text which seems to be a lecture on the Decretales Gregorii IX. On closer inspection you can read at the top of the right column Spec. in ti., which I read as “Speculum – or Speculator – in titulo”. Guillaume Durand (Durandus) (1231-1296) finished the first version of his Speculum iudiciale around 1271, a second terminus post quem for dating the text and these fragments. Alas both columns of the original page have suffered when cut into pieces, making the number of clues for identification much smaller. The fragment bound at the front in this volume shows an allegation no. Pe. de Ve., a medieval lawyer I have not yet identified.

A story of fragments and history in fragments

Normally a scholar would probably thirst for much more information, daring hypotheses and smashing conclusions. In my view it is wiser to start just getting things right for each fragment. Creating consistent descriptions might seem straightforward, but already the fact fragments and volumes did not arrive at my desk at Special Collections in numerical order should make you pause a moment. I took photos in the order of inspection, and my notes follow the same order. It is a nice job to combine my photos correctly with the normal order of the fragments. By sheer luck I could view side by side as the very first and second Early Modern editions I consulted two volumes with in their bindings corresponding fragments of a charter referring to Hubert van Buchel himself!

In a period with restricted possibilities for research on location I feel lucky and even blessed with all efforts of my colleagues of Utrecht University Library to bring fragments, manuscripts and printed books to the reading room. I am sure I will look back at these months with Special Collections as one of the most extraordinary periods in my scholarly life. I could arrange and photograph objects using as much space as I liked, but working often alone in a reading room was a strange experience. The collection of the reading room with books about book history, manuscripts, palaeography and other relevant subjects was within immediate reach. In a year where so many people were forced to work at home, under sometimes difficult circumstances, I had the privilege of working on location, touching even historical artefacts, the very traces of past periods, sometimes susceptible to quick reconstruction, but more often just sign posts of a larger whole lost to us. Describing charters and fragments is doing fundamental research. For me doing this is among the solaces, the comforting things and rays of light in a period darkened by the pandemic which cut into our world as sharply as the scissors cutting manuscript pages into fragments.

At the very end of this project I saw a number of references to manuscript with fragments turned out to be small and medium-sized archival collections with a number of charters, not just single fragments. It would not do to hastily create descriptions of these charters, even when using Tiele’s descriptions as a starting point. They deserve equal attention as the other charters and fragments I described this year. When I noticed in one case charters and deeds referring to houses near and atthe Janskerkhof square in Utrecht I knew I could complete the circle of this year for my faithful readers! Between 1584 and 1820 the Janskerk was home first to the city library and later to Utrecht University Library. Instead of lamenting unfinished work it is better to look at the things which against all odds did succeed. I am not the only one much more conscious how vulnerable life is, and how many obstacles can hinder the completion of any project now and in the near future. Hopefully the kind of research you dream of or do normally can become (again) reality in 2021.

A city in distress: Dordrecht and the 1352-1358 interdict

Bull of pope Innocent VI for Dordrecht, 13

Bull of pope Innocent VI with his sentence to lift the interdict from Dordrecht, 1355 June 2 – Regionaal Archief Dordrecht, finding aid 1, Stadsarchieven 1200-1572, no. 274-6

Among the most frequent comments about the COVID-19 virus is the remark this situation is totally new. Historians will remember the 1918-1919 pandemic and the Black Death around 1348. In recent decades my own country faced at least three contagious diseases, some of them badly controlled by the authorities. Whatever our views of current regulations, cities and countries have been confronted with other situations with normal life severely hampered. Events have been cancelled and churches are closed for services. The latter theme prompted me to search for information about and examples of a medieval ecclesiastical punishment, the interdict. What did this mean and how did it work? It was only logical to combine this with a search for online historical resources.

These days I looked in particular at digitized sources held by Dutch archives. There is a wide variety of ways in which they present digitized materials. When I bumped into a bull of pope Innocent VI in the online gallery of the Regionaal Archief Dordrecht I found a charter dealing with an interdict touching the largest and most important city of the medieval county Holland. In this post I will look in particular at the rich set of sources for this period under an interdict in this archive, but also at other resources, the historiography about this interdict and at medieval canon law.

This rather long post has five sections. After looking at the character and impact of an interdict the case in Dordrecht comes into view. The third section deals more in general with archival records and the history of archiving in Dordrecht, followed by a section on online records concerning the medieval papacy. In the fifth section you will meet a very active medieval lawyer with a Dutch origin and international connections. At the end I offer some conclusions.

Defining the medieval interdict

The interdict suffers from the far greater fame of another ecclesiastical punishment, excommunication. Excommunicated persons were cut off from the body of the Christian faithful, and the examples of kings facing excommunication made an impression on contemporaries. Elisabeth Vodola’s Excommunication in the Middle Ages (Berkeley, CA, 1986) still is the classic modern study on this subject. Fred Kloek, my own history teacher, wrote a book about papal excommunication and medieval politics, De pauselijke banvloek. Een geestelijk wapen in de middeleeuwse politiek (Amsterdam 1987). He refused to view excommunication as a weapon that became blunt over the centuries. In his view the power of this punishment was initially due to the relative weakness of kings, and thus the popes were able to ensure support from powerful allies, but this balance clearly shifted. Strategies and tactics were different things.

For a definition of the character and impact of an interdict I follow the explanations of Hartmut Zapp in his lemma ‘Interdikt’ for the Lexikon des Mittelalters 5 (1991) col. 466-467. An interdict meant withelding the administering of the sacrament and a halt to church services (cessatio a divinis). Apart from the interdictum personale the interdictum locale could pertain to entire communities, cities and regions, or just one particular place. It became possible to lessen the harsh impact of an interdict, for example by getting papal dispensation for celebrating mass behind closed doors. Religious orders could receive exemptions from interdicts. Only seldom an interdict led to repentance of culprits. An interdict became increasinlgy only a nuisance, not an effective spiritual punishment.

Peter Clarke wrote the most recent full-scale study on the interdict, The interdict in the thirteenth century. A question of collective guilt (Oxford, etc., 2007). For the Low Countries an article by Marian de Smet and Paul Trio offers a good starting point, ‘De verhouding tussen Kerk en stad in de Nederlanden in de late Middeleeuwen, onderzocht aan de hand van het interdict ‘, Jaarboek voor Middeleeuwse Geschiedenis 5 (2002) 247-274. In the absence of research for the entire Low Countries De Smet en Trio focused on local and regional cases. Their article helps to see the interdict on Dordrecht in perspective. They disagree with Hartmut Zapp about the diminishing impact of the interdict in the fifteenth century.

Not just one charter

The interdict led on Dordrecht by Jan van Arkel, bishop of Utrecht from 1342 to 1364, came in a period of political strife. After the death of count William IV of Holland in 1345 his sister Margaret, married to emperor Louis of Bavaria, claimed the succession and wanted her son William to act as a governor in her absence. Parties formed quickly around both Margaret and William. During a coup in 1351 William was taken hostage and imposed as the new count. Supporters of Margaret were exiled. This unlashed a chain of events. The influence of aristocratic families, officials of the count and cities with their own interests, and growing interest from other counts and dukes, not to mention the prince-bishops of Utrecht, set the scene for a period of more than a century of endemic conflict between the two parties.

Understanding the meaning of the charters about this interdict and their relations is much helped by the clear paragraph on them in the Geschiedenis van Dordrecht tot 1572, Jan van Herwaarden et alii (eds.) (Dordrecht 1996) 97-101. Innocent VI’s bull of June 2, 1355 states the interdict dured already thirty months, so it seems to have been inflicted before the end of 1352. Henric Scoutate, a former schepen (échevin), had been excommunicated for murdering three citizens of Dordrecht, among them the bailiff of Dordrecht and another schepen. Henric and his complices sought sanctuary at the main parish church, the Grote Kerk, but an outraged mob entered the church and the churchyard and killed them. This shedding of blood was enough reason for bishop Jan van Arkel to place Dordrecht under interdict. Meanwhile the party strife between the supporters of both claimants developed, and on top of that a war started between Holland and Utrecht.

The bull from 1355 is indeed part of an archival context. A quick search for Innocent VI (Etienne Aubert, pope from 1352 to 1362) in the collections of the archive at Dordrecht brings you to the very first archival collection, toegang 1, Stadsarchieven: de grafelijke tijd, 1200-1572, inv.no. 274, the archives of the medieval city Dordrecht. This inventory number contains 24 documents created between 1354 and 1358, mainly charters but also letters, all of them with digitized images; one item contains seven charters. The papal bull is described under inv.no. 274-6. In the Digitale Charterbank Nederland, the portal for charters in the holdings of Dutch archives, you will find currently 90 charters concerning interdicts.

Only one document from the set at Dordrecht, without indication of the year, 1354 according to the inventory, tells us directly something of the moves made by count Willem. In his letter he urged the city Dordrecht to cancel their verdict on two men, Aper Scoutate and his nephew Henric, to be sent on a punitive pilgrimage (no. 274-1). The count said his mother Margaret did not want to let this happen. We can follow the interdict closely only from 1355 onwards. The letter was written in Quesnoy, the main castle of the counts of Hainaut. The medieval notice on the verso is simply wrong. The city empowered on March 27 three men, Johannes de Zeelandia, Petrus de Leeuwenberch and Henric Prijs, one of the four parish priests of Dordrecht, to deal with the bishop to end the interdict (inv.no. 274-2). On the back of this charter you can dimly see some remarks concerning the actions of procuratores – proctors or agents – at the papal curia in Avignon using this mandate when introducing this case. Among the names is a magister Johannes de Cloetinghe, a place in Zeeland. A day later Henric Prijs was promised financial recompensation by the city Dordrecht for any trouble with the bishop; he received also a letter of credit for 400 guilders (no. 274-3), but this has only been written on the back of the former document. On May 11, 1355 Petrus Majoris, an auditor causarum in Avignon, confirmed that notwithstanding the delay for an appeal Henric Prijs is allowed to appeal in this case (no. 274-4).

Surely we miss other documents from Avignon of the case, but in three letters Henric Prijs told in 1355 something about his troubles and matters around the legal conflict, in particular in his letter sent on May 22 (inv.no. 274-5). Gerard van der Veen, the chancellor of Jan van Arkel, was in Avignon and gave to the cardinael van Bolongen 2000 guilders to act on his behalf. This cardinal was in some way a relation of the count of Holland. Guy de Boulogne (1313-1373) was indeed one of the most important cardinals with many connections. Prijs also noted that Ricardus de Anglia, the second advocatus of the Dordrecht case, had a positive attitude towards Maud (Matilda, Machteld) of Lancaster, the spouse of count Willem V. Henric’s letter of credit had not been accepted, and therefore he begged the eldermen for another one from the Lombards or caoursins in Dordrecht. Henric Prijs seems to have perceived rather quickly the importance of (political) connections and the way things worked in and around the curia.

On June 8, 1355 Prijs announced the bull in which the bishop of Cambrai will act as a iudex delegatus (no. 274-7). A month later (July 8) he complained about magister Johannes de Zelandia, the other advocatus who took thirty écus from him (no. 274-8). This letter seems to indicate also some of the tarifs for actions and acts at the papal curia. In yet another letter without a date Henric repeats his plea to send him money (no. 274-9). On August 12 Petrus Maioris, the auditor causarum, confirms the protest of Henric Prijs and the three other parish priests (Wilhelmus de Lantscroene, Wigger Gerardi and Johannes de Tympel) against the accusations of the representants of Jan van Arkel on May 15 (274-10). On August 15, 1355 bishop Peter of Cambrai [Pierre d’André] sealed two charters, one adressed to Ludolphus Abolensis, clearly a kind of auxiliary bishop, and the other to Jan van Arkel, with the text of Innocent VI’s bull (nos. 274-11 and 12).

A procedural note about the relaxation of the interdict - Ra Dordrecht, toegang I, Stadsarchief 1200-1572, no. 274-14

A legal consultation about the relaxation of the interdict – Regionaal Archief Dordrecht, toegang I, Stadsarchief 1200-1572, no. 274-14

Below I will tell you about editions of the majority of these texts, but I can already show here an unedited text which sheds some light on the use of canon law in this conflict. No. 274-14 is an undated note with a splendid number of abbreviated words, fit for any examination in medieval palaeography! Halfway the text a decretal is mentioned, de offi. del. li.vi, pointing to the Liber Sextus (VI. I.14, the title De officio iudicis delegati). Does it read ix after decretalis or scilicet? This text ends with the conclusion the bishop of Utrecht would have to start a new procedure that could start only in the papal consistory. At the end it also becomes clear Ludolphus Abolensis wrote a consilium to this effect which is joined here by an anonymous lawyer.

Seal of Ludolfus Abolensis

The seal of frater Ludolfus episcopus Abolensis – RA Dordrecht, Stadsarchief 1200-1572, inv.no. 274-17

It is not clear for which diocese Ludolphus Abolensis was the bishop. J.F.AN. Weijling, Bijdrage tot de geschiedenis van de wijbisschoppen van Utrecht tot 1580 (diss. Nijmegen; Utrecht 1951; online, Radboud Universiteit Nijmegen) mentions him as a bishop who just happened to be in the diocese Utrecht (pp. 185-186). On September 29, 1355, he signed a charter in which he announced in Dordrecht the lifting of the interdict (inv.no. 274-15). A few weeks later he reassured the city this relaxation was effective notwithstanding any action of the bishop of Utrecht (1355 October 14, inv.no. 274-17). Meanwhile the city had already asked a priest, heer Arent, den grauwen priester, to go to Avignon to instruct Henric Prijs to ask for the absolution of the perpetrators of the murders in the church (1355 October 7, inv.no. 274-16). No. 274-21 is a copy of a papal letter dated January 6, 1356 to the abbot of the Norbertine abbey Mariënweerd whom Innocent VI ordered to view the earlier bull as null and void after a succesfull complaint by the bishop of Utrecht about the lifting of his interdict. This letter tells us the names of the three murdered victims, taken from the 1355 bull. At the back of this document is a letter dated May 5, 1356, by Johannes de Zelandia who wrote to the city of Dordrecht he thinks this papal letter is per se legally sound, but he will continue to get the interdict lifted. On the same day Petrus de Leeuwenberch, too, wrote to the city of Dordrecht about the actions by the bishop of Utrecht to cancel the relaxation of the interdict (inv.no. 274-22). According to this letter the cardinalis Boloniensis helped very much to reverse the earlier lifting of the interdict.

For brevity’s sake I would have skipped the three charters of Francesco degli Atti, bishop of Florence, to the city Dordrecht and the dean of Geertruidenberg (nos. 274-18 to 20) about the absolution for citizens of Dordrecht, but it is interesting to note how this bishop refers thrice to the fact he acts as a vice-regens for cardinal Aegidius, Gil Albornoz (1310-1367), clearly the most important cardinal in this period. Almost at the end stands the set of seven transfixed charters, with as the main document the foundation of a chapel at the Grote Kerk by Aper and Henric Scoutate (inv.no. 274-23, 1356 May 10). In my view it seems this could well be the new gesture of reconciliation replacing the earlier pilgrimage. The very last document concerning the interdict is a charter issued by bishop Jan van Arkel and Henricus Mierlaer, archdeacon of Utrecht and provost of the St. Martin’s cathedral on December 6, 1358 (inv.no. 274-24) announcing finally the end of his interdict. In this very short charter all attention should go to the words about dilectus noster consanguineus Arnoldus de Iselsteyn, a nephew of the bishop who had been the bailiff of the city Amersfoort and keeper of the castle Stoutenburg. Earlier Arnoud of IJsselstein had been involved in financing the policies of his uncle. In 1358 he was a councillor of count Willem. A mental illness ended Willem’s short reign.

Searching archival records in Dordrecht

Among the Topstukken [Highlights] at Dordrecht are more documents concerning legal matters, You can look at a charter from 1299 confirming the stapelrecht of Dordrecht which ensured traders had to unload their freights and bring them to the market before continuing their voyages, and at a manuscript from 1525 with municipal ordinances (keuren). For each item a short essay has been added explaining its meaning and importance. However, for these two items and for the 1355 bull no reference is given to the specific fonds or archival collection, as if nobody seeing these documents and reading the essays would want to see them in their archival context.

The set of charters and letters about the interdict at Dordrecht is without any doubt the largest surviving one in the Netherlands. Jacob van Oudenhoven noted them in his Oudt ende nieuw Dordrecht (…) (Haarlem: Vermerck, 1666; online, Österreichische Nationalbibliothek) 357-359 as a part of the official inventory made in 1649 of the records in the IJzeren Kast, the iron chest with city records (pp. 339-367). P.H. van de Wall published the bull in his edition of sources concerning Dordecht, Handvesten, privilegiën (…) der stad Dordrecht (3 vol., Dordrecht: Van Braam, 1770-1777; 2nd ed., Dordrecht: Van Braam, 1790; vol. 1, online, Delpher) 247-249. In his opinion it was not necessary to publish other documents about this case because the case was well known. He mentioned drawer Q where this and other documents were kept, and noted in particular only a charter of September 29, 1355 (Q.12) in which the bishop of Cambrai lifted the interdict (inv. 274-15).

Theologian Guillaume Henri Marie Delprat (1791-1871) was the first to write again at length about this set of documents. He published the majority of them in his article ‘Dordrecht onder kerkelijk interdict, 1352-1356’, Kerkhistorisch Archief 3 (1862) 1-64 [online, Internet Archive]. Delprat did not edit the papal bull, but only referred to Van de Wall, because large parts of the papal bull are repeated in another document (no. XVII). Delprat was a pioneer of research into the fourteenth-century religious movement of the Devotio Moderna. In the same journal he published an article about another interdict, ‘Het bisdom Utrecht en het graafschap Holland onder kerkelijken ban in de jaren 1280 tot 1283’, Kerkhistorisch Archief 3 (1862) 321-397. In both articles Delprat looked at the history of the interdict and at cases in medieval Europe.

The city archives of Dordrecht have rich holdings and a long history, charted by P.J. Horsman in his study Abuysen ende desordiën : archiefvorming en archivering in Dordrecht, 1200-1920 [Abuses and disorder: the formation of archives and archiving in Dordrecht, 1200-1920] (PhD thesis, Universiteit van Amsterdam, 2009; online). The oldest surviving medieval municipal accounts from the Northern Low Countries stem from Dordrecht. In the inventory by P. van den Brandeler, Inventaris van het archief der gemeente Dordrecht (3 vol., Dordrecht, 1862-1869; online, Hathi Trust Digital Library) the documents about this interdict had been placed in a separate rubric (I, 56-63) with twenty items. Van den Brandeler gave also the old signatures for these documents, most of them kept in the Iron Chest, and he referred when possible to the edition by Delprat. The inventory by J.L. van Dalen, Inventaris van het archief der gemeente Dordrecht (2 vol., Dordrecht 1909-1912) is basically still in use and searchable online in the search system of the Regionaal Archief Dordrecht, last edited in 2014. The references to Delprat have not been included in the descriptions. The current finding aid gives the documents concerning the interdict in chronological order. Horsman tells specifically Van Dalen added to each item the number given by Van den Brandeler and the old signatures. In my view references to editions are meta-data which enrich a finding aid. On closer inspection these references have been assembled by Van Dalen in the regestenlijst in the second volume of his inventory. These regesten give one-line summaries of the juridical content of documents in chronological order.

Photo of J.L. van Dalen at website Regionaal Archief Dordrecht

Jan Leendert van Dalen (1864-1936) is the man sitting at his desk on the website of the Regionaal Archief Dordrecht. He wrote twice at some length about the interdict on Dordrecht. In his book on the history of the Grote Kerk [De Groote Kerk (Onze Lieve Vrouwenkerk) te Dordrecht (Dordrecht 1927; online, Delpher] he discussed the affair (pp. 30-34) and he gave the text of the four letters by Henric Prijs [inv.no. 275-5 to 8, pp. 171-174], followed by summaries of the pieces not published by Delprat. Perhaps this explained his somewhat fatigued tone in the second volume of his history of Dordrecht a few years later [Geschiedenis van Dordrecht (2 vol., Dordrecht 1931-1933; vol. I, vol. II, Delpher]. Van Dalen devoted just one paragraph (II, 687) to the interdict in a distinctly tired tone, as if alread all that could be said had been written. Perhaps he was thinking about the study by G.D.J. Schotel, Een keizerlijk, stadhouderlijk en koninklijk bezoek in de O.L. Vrouwe-Kerk te Dordrecht (Amsterdam 1859; reprint Schiedam 1987; online, The Memory of the Netherlands) where you can find editions of five documents (pp. 94-98). Four of them had just been published by Delprat. In the fifth document Schotel succeeded in missing twice a crucial word, and his indications of gaps are wilful. Before I saw his edition I had already transcribed this document, the letter of count William, and you will find it in an appendix to this post.

It is ironical to see how Van de Wall not only edited the bull, but gave its exact signature in the IJzeren Kast (Q.5), how Delprat omitted it in his edition, and how Van Dalen put his references into regesten, as a kind of end notes. At that time it was a long standing tradition for Dutch archivists to create such short summaries which focused on the legal actions documented in archival records. If you think this is too much irony, you should ponder the sentence in the accompanying essay on the website of the archive at Dordrecht stating the papal bull should have been returned to the diocesan archive of Cambrai, because this bishop was ordered by pope Innocent VI to lift the interdict. The information has been condensed from the volume of essays about the archives of Dordrecht, Van ijzeren kast tot hamam. Topstukken uit het archief van Dordrecht, Jan Alleblas et alii (eds.) (Zwolle-Dordrecht 2011), with on pp. 23-24 the papal document, and on pp. 10-11 an article about the Iron Chest.

Papal records

Whatever you think about the chequered history of these records in Dordrecht, you will have to consider also I could at the moment of writing not visit a library to consult a number of important resources. I had no access to a copy of the Suppliques d’Innocent VI (1352-1362), U. Berlière (ed.) (Rome 1911; Analecta Vaticano-Belgica, V) nor to the Lettres d’Innocent VI (1352-1362), G. Despy (ed.) (Brussels, etc., 1953; Analecta Vaticano-Belgica, XVII, 1) or Innocent VI (1352 – 1362). Lettres secrètes et curiales, publiées d’aprés les registres des Archives Vaticanes, Pierre Gasnault, M.H. Laurent, Nicole Gotteri (eds.) (5 vol., Paris 1958-2006). Through the services of the bibliographic database of the Regesta Imperii you can quickly consult online the entry for Innocent VI by Pierre Gasnault for the Dizionario Biografico Treccani (2004).

Thus finding online resources was not just a question for the resources of the Regionaal Archief Dordrecht, a regional archive because it holds also archival collections of other cities and villages around Dordrecht, but also for finding access to more general sources and editions, in particular for papal documents. I could not access the database Ut per litteras apostolicas which covers the editions of medieval papal registers, nor did I have access to CD-ROM’s with images of these registers. An article by Yves Renouard, ‘Les minutes d’Innocent VI au Vatican’, Archivi d’Italia e rassegna internazionale degli archivi 2 (1935) 12-26 – online, Biblioteca Nazionale Centrale, Rome – taught me an object lesson how difficult it is to approach the papal registers from the period in Avignon. Even having them in front of you does not make things a straightforward task, because acts of Innocent VI have been mixed with those of other popes.

You can find digitized images of Van Dalen’s regesten within collection 131, Archiefdienst van de gemeente Dordrecht, inv.no. 1851, the archival collection of the archival service at Dordrecht. In my view they would become more useful when added as an appendix to finding aid 1 for the early municipal records until 1572. I created a concordance between the works of Van den Brandeler, the old signatures in the IJzeren Kast, Delprat’s edition, Van Dalen’s inventory and his regesten. Among the digitized resources which I could use is the Bullarium Trajectense for papal charters until 1378 concerning the medieval diocese Utrecht, edited by Gisbert Brom (2 vol., The Hague 1891-1896; online, Bayerische Staatsbibliothek, vol. I and II). Brom, Bullarium, no. 1548, gives a summary of the charter of January 6, 1356 (inv.no. 274-21) registered in Reg. Av. t. 12, fol. 534. The bull of 1355 is summarized in Brom, Bullarium, no. 1533 (p. II, 71), present in Reg. Av. t. 11, fol. 496v.

It would have been wonderful to use also the riches of the Repertorium Germanicum, but this resource starts only for the period from 1378 onwards. However, with some luck I could use an edition of supplications to the pope from the diocese of Utrecht in the fourteenth century. The edition of Supplieken gericht aan de pausen Clemens VI, Innocentius VI en Urbanus V, 1342-1366, R.R. Post (ed.) (‘s-Gravenhage 1937) has not yet been digitized, but it appeared also in the journal Archief voor de geschiedenis van het Aartsbisdom Utrecht 60 (1936) and 61 (1937), accessible at the Trajecta Portal for Belgian and Dutch ecclesiastical history.

Some supplications give you reason to think they did came into existence with a particular background, or they contain precious information about some persons. Wigger Gerards was a parish priest in Dordrecht, but also a chaplain of count William V [Post, no. 19 = Brom I, no. 1058 and Berlière I, 302, 1343 February 10]. Nicolaas de Stuyc from Dordrecht, a canon of the cathedral chapter in Utrecht acted in 1355 as a messenger for the clergy of the diocese Utrecht at the papal curia [Post, no. 14, 1342 Oct. 16 = Berlière I, no 251, and Post no. 458, 1355 Nov. 9 = Berlière II, no. 724]. He had been a councillor of countess Johanna of Brabant who was married to William IV of Holland [1349 March 26, Post, no. 213 = Berlière I, no. 1537]. Peter van Leeuwenberch was a baccalareus in canonibus and dean of St. Mary’s chapter, Utrecht [Brom, II, no. 1465, 1353 Feb. 6]. Chancellor Gerard de Veno comes into view in the supplications, too. Post noted he obtained numerous canonries during his career, starting in 1347 with a canonry of the cathedral chapter in Utrecht [Post, no. 153, 1347 July 3]. Johannes de Zelandia is first mentioned as a legum doctor and iudex curie vestre temporalis civitatis Avinionensis [Post, no. 502, 1358 April 6], and slightly later also as a vestri sacri palatii advocatus [Post, no. 506, 1358 May 22]. In a later request he used also the title advocatus fiscalis [Post, no. 523, 1359 Jan. 26]. In this request he tried to obtain a canonry at the St. Peter’s chapter in Utrecht for his brother Wisso, a cleric in Zierikzee, a town in the province Zeeland.

Not only priests did ask favors from the popes. On December 10, 1353, Margaret, duchess of Hainaut, received papal permission to have masses read in locis interdictis and the same day she gets also permission to enter cloisters with six women, to be able to have mass celebrated before sunrise, and to use a portable altar [Post no. 413 = Berlière II, no. 371; Brom, II, nos. 1494-1497]. The duchess clearly reckoned it would be wise to be prepared encountering interdicts anywhere. William V and his wife Maud of Lancaster, and John of Blois, too, requested only much later such a similar permisson [Post, nos. 473-474, 1357 April 30].

Some older source editions and studies relevant for the papacy at Avignon have been digitized, too. Among them are works such as Die päpstlichen Kollektorien in Deutschland während des XIV. Jahrhunderts, Johann Peter Kirsch (ed.) (Paderborn 1894; online, Internet Archive) and Claude Faure, Étude sur l’administration et l’histoire du Comtat Venaissin du XIIIe au XVe siècle (1229-1417) (Paris-Avignon 1909; online, Gallica). Most instructive is also a formulary with models for supplications created by a papal procurator from Hamburg working at Avignon, Das Formelbuch des Heinrich Bucglant. An die päpstliche Kurie in Avignon gerichtete Suppliken aus der ersten Hälfte des 14. Jahrhunderts (…), Jakob Schwalm (ed.) (Hamburg 1910; online, Staats- und Stadtbibliothek Hamburg). As for late medieval accounts, you might want to look at digitized accounts from four French regions and the papacy at Avignon in the project Ressources comptables en Dauphiné, Provence, Savoie et Venaissin (XIIIe-XVe siècle) with for example seven registers Introitus et Exitus of the Camera Apostolica between 1334 and 1342 held at the Archivo Apostolico Vaticano. I mention some of these resource on purpose, becaus they figure also in a most interesting article which provides crucial clues in the next section. The relevant chapters and the select bibliography in the History of courts and procedure in medieval canon law, Wilfried Hartmann and Kenneth Pennington (eds.) (Washington, DC, 2016) are of course the first place to look for more resources.

Back of document 274-2

The note on the verso of the mandate issued by the city Dordrecht, May 27, 1355 – RA Dordrecht, Stadsarchief 1200-1572, inv.no. 274-2 (enlarged and contrast enhanced)

In view of the large number of documents concerning this case edited by Delprat it seems only natural to supply here transcriptions of those documents that have not yet been published. I decided to edit the papal bull of 1355, after all the very document which prompted my investigations, and three other documents, the letter of count Willem, the short legal consultation and the charter of the bishop of Utrecht that ended in the interdict in 1358. I hesitated to edit also the rather long letter with the mandate for the agents of the city Dordrecht (inv.no 274-2), but perhaps I had better leave something to do for others, too! For those wanting to start I placed here an enlarged and sharpend image of the notes made in Avignon on the verso of the mandate as an invitation to look at the documents yourself.

Focusing on Johannes de Zelandia

One person in the Dordrecht documents, magister Johannes de Zelandia, stands out for his functions and legal degree. While contemplating his faits et gestes I could luckily use a scanned version at the website of the MGH in Munich of an article by Knut Schulz, ‘Bemerkungen zu zwei deutschen Juristen im Umfeld des päpstlichen Hofes in Avignon im 14. Jahrhundert. Johannes Henrici (von Seeland) und Wilhelm Horborch’, in: Formen internationaler Beziehungen in der Frühen Neuzeit. Frankreich und das Alte Reich im europäischen Staatensystem. Festschrift für Klaus Malettke zum 65. Geburtstag, Sven Externbrink and Jörg Ulbert (eds.) (Berlin 2001) 159-178. The complaints by Henric Prijs about Johannes’ need for money have some ground indeed. Johannes not only reached high offices, but later on possessed several houses in Cologne. Schulz thought there was no biographical notice about Johannes, but in fact there is a very short notice “Henrici (Johannes)” by J. van Kuyk in the Nieuw Nederlandsch Biographisch Woordenboek III (Leiden 1914; online, Huygens Institute for Dutch History) col. 579. The article of L.Ph.C. van den Bergh, ‘Aanteekeningen over de geschiedenis der advocatuur in Holland’, Nieuwe Bijdragen voor Regtsgeleerdheid en Wetgeving 5 (1855) 486-505, is from 1855, not 1885 as wrongly indicated by Van Kuyk [online, Hathi Trust]. Van den Bergh mentioned Johannes just once (p. 489), and I will come back to this reference.

Schulz doubts rightly whether Johannes was an auditor sacri palatii. Post records one request presenting him as a vestri sacri palatii advocatus [Post, no 506, 1358 May 22]. In one of the documents in Dordrecht Johannes calls himself in Romana curia advocatus [inv.no. 274-21, 1355 May]. Schulz shows him foremost as one of the procuratores at the curia for the city Hamburg, in particular for an interdict case richly documented in the edition of sources by Richard Salomon und Jürgen Reetz (eds.), Rat und Domkapitel von Hamburg um die Mitte des 14. Jahrhunderts (3 vol., Hamburg 1968-1975). You can read the accounts of the Hamburg agents with payments to Johannes online in the edition of Th. Schrader, Die Rechnungsbücher der hamburgischen Gesandten in Avignon 1338 bis 1355 (Leipzig 1907; online, Staats- und Universitätsbibliothek Hamburg). In a safeconduct issued in 1359 Johannes is mentioned as a legum doctor and causarum fiscalium patronus [Brom, Bullarium II, no. 1624, 1359 June 20]. With three other lawyers he contributed a legal consultation on a conflict between the clerics and the city of Speyer in 1373, and here, too, he is a sacri pallacii apostolici advocatus. I could trace not only the manuscript Wolfenbüttel, Herzog-August-Bibliothek, Cod. Guelf. 277 Helmst., fol. 211r-213v, but you can even look online at his consultation in another manuscript, Frankfurt am Main, Universitäts- und Stadtbibliothek, Ms. Praed. 88, fol. 34r-36v. Schulz noted Johannes became in 1357 with four other magistri at the curia an advocatus for the dean and chapter of Trier. Among them was a Richardus de Anglia who earlier on had acted also for Dordrecht. The image of the papal curia as a busy beehive where people circled around the pope and cardinals for their favor and money comes readily to your mind. The multiple tasks and charges, and the money coming with them, give his note “Vester totus”, yours truly or literally “completely of you”, in his letter of May 5, 1356 to the city of Dordrecht a hollow ring [inv.no. 274-21].

Schulz’s main scoop was the rediscovery of an article by Léon-Honoré Labande, ‘Liquidation de la succession d’un magistrat pontifical du XIVe siècle, l’Allemand Jean Heinrich (1375-1376)’, Annales d’Avignon et du Comtat Venaissin 1 (1912) 177-199 [online, fascicule 2 and fascicule 3, Gallica]. Labande edited the last will of Johannes de Zelandia; unfortunately only half its text has been preserved. A charter published in the Oorkondenboek van Groningen en Drenthe, P.J. Blok et alii (eds.) (2 vol., Groningen 1896-1899), searchable at Cartago, mentioned Johannes with the nickname dicto Lalaman, which definitively sounds as a phonetic rendition of the word l’allemand. No. 458 (1358 May 14) contains a verdict in a case heard by Petrus Majoristhe auditor sacri palatii we already met, concerning Gerardus de Veno, yet another figure in the documents at Dordrecht, who had to surrender his income from a prebend in Groningen. The first witness to this charter is our Johannes de Zelandia, in Romana curia advocatus. In his will Johannes donated his manuscript of the Lectura Codicis by Cino da Pistoia to another lawyer, Pons de Lagnes (Lecturam Chini super Codice, Labande, p. 185).

Johannes de Zelandia was also twice a temporal judge for the city Avignon. In an article by Louis Duval-Arnould, ‘Les registres de la Cour temporelle d’Avignon à la Bibliothèque Vaticane (Vat. lat. 14761-14781)‘, Mélanges de l’école française de Rome 92 (1980) 289-324, he is signalled as Johannes Henrici Alamanni in 1359 and 1375, the last year of his life. The manuscript Città del Vaticano, Biblioteca Apostolica Vaticana, Vat. lat. 14774 (description), documents his activity in 1375. In the same issue of this journal Jacques Chiffoleau, too, mentioned Jean de Zélande in a paragraph on the wide variety in background and the difficulties to retrace people at Avignon [‘La violence au quotidien. Avignon au XIVe siècle d’après les registres de la Cour temporelle’, MEFR 92-2 (1980) 325-371, at 330].

Foto van Janskerkhof 18, Utrecht - foto: D.C. Goosen, Het Utrechts Archief, 2011

The former claustral house Janskerkhof 18 – image: Het Utrechts Archief, cat.no 819349, photo by Dick Goosen, 2011

Much to my surprise Samuel Muller Fzn., the famous archivist at Utrecht, wrote a century ago about a claustral house of the St. John’s chapter in Utrecht sold to meester Jan van Zeeland in 1364 [S. Muller Fzn., Over claustraliteit: bijdrage tot de geschiedenis van den grondeigendom in de middeleeuwsche steden (Amsterdam 1890; Verhandelingen der Koninklijke Akademie van Wetenschappen, Afd. Letterkunde, vol. 19; online, Internet Archive) 137; Utrecht, Het Utrechts Archief, toegang 222, Kapittel van St. Jan, inv.no. 135-4, 1364 Aug. 31]. Muller supposed Johannes was a lay person. Thanks to the study about the jurisdiction on immovable property in the medieval city Utrecht by Martin de Bruijn, Husinghe ende hofstede. Een institutioneel-geografische studie van de rechtspraak over onroerend goed in de stad Utrecht in de middeleeuwen (Utrecht 1994) 194, we can even identify this house at the present Janskerkhof square no. 18, located somewhat backwards.

It would not help to bring together here all possible bits of information about Johannes de Zelandia, but some of them make you think again about this most interesting figure. Labande shows for example he was married to Amantia. If you think he was only active in Avignon in these years, the safeconduct I mentioned points in another direction. You will be less surprised by a charter from 1356 showing Johannes Heynrici de Zelandia at the abbey of Egmond, an institution under the protection of the counts of Holland [Haarlem, Noord-Hollands Archief, toegang 356, Abdij van Egmond, inv.no. 127 (1356 Dec. 17)]. This charter was copied into a cartulary (inv.no. 3, fol. 67v), a thing noted only in a regest (no. 367). It has not been included in the Digitale Charterbank Nederland, because the description is only given in a regest. It is the very document Van den Bergh noticed in 1855 in the Egmond cartulary. Johannes acted as the procurator of this abbey, too. Brom recorded him paying in 1357 for abbot Hugo the yearly sum to the papacy [Brom, Bullarium II, p. XXXVIII, also in G. Brom (ed.), Archivalia in Italië belangrijk voor de geschiedenis van Nederland I.1 (The Hague 1908); online, Huygens Instituut for Dutch History) p. 389, no. 1092].

Robert Fruin, the founding father of Dutch historiography in the nineteenth century, mentioned him appearing in an account of the counts of Holland in 1356 [R. Fruin, Verspreide geschriften I, P.J. Blok, S. Muller Fzn. and P.L. Muller (eds.) (The Hague 1900; online, Internet Archive) 137]: Item gegeven Meester Philips van Leyden voor sinen cost, die hi dede tutrecht met Meester Jan van Zeeland om den zoene te verclaren . . . , “given to master Philips of Leyden for his costs when was at Utrecht with master Jan of Zeeland to explain the reconciliation” [The Hague, Nationaal Archief, toegang 3.01.01, Graven van Holland, registers inv.no. 221, EL 22, fol. 64, and inv.no. 223, EL 27, fol. 100]. Philips of Leyden (1326/27-1382) is famous for his treatise on the care for the common good and the power of princes, De cura reipublicae et sorte principantis, first published in 1516. I searched in vain for any reference to the interdict for Dordrecht in his work. The reconciliation is surely the one between count Willem V and the bishop of Utrecht. Anyway, it shows Johannes again in action within the diocese of Utrecht. In 1357 Philips was sent to Avignon as an ambassador for count Willem.

Apart from a lack of access to archival records and printed editions, I had to find out things without the help of the most important scholarly literature. Two fairly recent volumes concerning the papacy in Avignon are accessible in open access, Offices et papauté (XIVe-XVIIe siècle) (Rome 2005; online, Open Edition) and Offices, écrits et papauté (XIIIe-XVIIe siècle) (Rome 2007; online, Open Edition), both edited by Armand Jamme et Olivier Poncet, provide very interesting articles and also a number of lists of functionaries for a good deal exactly at Avignon during the fourteenth century.

As for Dutch sources I acutely felt the need to look at accounts of the counts of Holland. The editions by H.G. Hamaker, De rekeningen der grafelijkheid van Holland onder het Henegeouwsche huis (3 vol., Utrecht 1875-1878) cover mainly the first half of the fourteenth century. The sequel edited by H.J. Smit, De rekeningen der graven en gravinnen uit het Henegouwsche huis (3 vol., Utrecht 1924-1939) is not available online. I could check one relevant volume of other accounts, De rekeningen van de grafelijkheid van Holland uit de Beierse periode, I, De hofrekeningen en de dijkgraafsrekeningen van de Grote Waard, I: 1358-1361, D.E.H. de Boer and J.W. Marsilje (eds.) (The Hague 1997; online, Huygens Institute for Dutch History). It would expand this post too much to give here a survey of relevant digitized sources at the portal of the Huygens Institute. I looked rather closely at some of them, but to no avail. However, you can benefit form the digitized guide by M.J. van Gent and M.-Ch. Le Bailly, Gids voor de landsheerlijke archieven van Gelre, Holland, Zeeland en het Sticht. Bestuurlijke, economische en sociale geschiedenis vóór 1500 (The Hague 2003).

Local history and European history

The Dordrecht city archivist Van Dalen was decidedly a man doing local history. Despite its great length my post has indeed the purpose of showing wider connections which come together at a particular place in a particular period. While researching this post I was also reading the Wereldgeschiedenis van Nederland, edited by Lex Heerma van Voss and others for the Huygens Institute for Dutch History (Amsterdam 2018). The aim of this book to show world history inside the history of one country holds a strong appeal for anyone who likes to transcend the borders of your usual territory. I am woefully aware that my foray into papal history has been hampered by not having access to a number of vital printed editions and modern works about the papal curia in Avignon, and I could not investigate other persons and subjects sufficiently. I would dearly want to check relevant registers and accounts of the counts of Holland at the Dutch national archives (Nationaal Archief, toegang 3.01.01, Graven van Holland) and similar sources for the bishops of Utrecht held at Het Utrechts Archief (toegang 218-1, Bisschoppen van Utrecht), even if the period 1340 to 1380 is only partially covered in the latter.

A significant catch in this post is insight in the way regests can both be helpful and most irritating. Putting information about document both in descriptions and in regests goes against the principle of a single point of definition. When the regests are not clearly and actually connected to the documents they describe, and in the case of a digital finding aid, literally and preferably linked directly and correctly to each other, you can miss crucial information. When you check for example for the abbey of Egmond the charters of this abbey held at the Noord-Hollands Archief Haarlem in the Digitale Charterbank Nederland you will find 811 charters in this database, but the regestenlijst added to finding aid 356 contains some 1,550 summaries. If this random example is only one occurrence of a serious problem, this database needs serious tuning and updating. In some cases rather old regesten currently get a new lease of life, even as additions to refurbished and reorganized inventories, but this cannot be done properly by just copying and pasting. The problem with these old summaries is not their focus on legal matters, but the way they can form a second information layer which should be consistently connected to finding aids and the items within them. The example of the regesten in Dordrecht surviving as part of another collection is rather extreme.

Originally I had planned a rather concise post with just some notes on an interesting papal bull, but the documents around it contain much more than had surfaced until now. The paragraph on Johannes de Zelandia became almost an independent post, but I decided to put it right in the centre of this contribution. Johannes was not just a proctor for one particular case. He put his mouth where the money was, in Trier and Hamburg among other places, and he did have other important functions as well. His possessions included houses in the Provence, in Cologne and Utrecht. The variant versions and spellings of his name and his nickname make him difficult to trace. Nearly forty years ago Wybe Jappe Alberts wrote an article ‘Tussen Keulen en Parijs. Overpeinzingen bij vijftig jaren bisdomgeschiedenis’, Jaarboek Oud-Utrecht 1981, pp. 26-34 [online, Utrecht University Repository], where he looked at the importance for Utrecht of the archbishops of Cologne in the first half of the fourteenth century. Between Cologne and Paris runs the road to Avignon and Rome. This post shows some rather curved parts of that road, and some of the wider views you might encounter. It is definitely possible to view a local interdict in a much wider context.

A postscript

I would like to point here to the bibliography on medieval ecclesiastical punishments at the blog FULMEN: Excommunication et autres censures spirituelles de l’Anqituité à nos jours.

As a fruit of ongoing digitization of manuscripts in the digital Vatican Library the register (latarium) Vat. lat. 14774 has now been digitized, too. From f. 35v onwards in this register Johannes Henrici Alamani acted for a brief period as a temporal judge in Avignon.

Tracing the records of medieval synods

Header blog Corpus Synodalium

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

A database and a blog

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

Banner Corpus Synodalium

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

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

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

Results screen database Corpus Synodalium

The results screen of the Corpus Synodalium database

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

Example metadata in the Corpus Synodalium

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

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

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

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

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

Looking beyond the database

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

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

A preview of things to come

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

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

A fusion of medieval legal systems at St. Andrews

Startscreen CLICME

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

A tour of a threefold project

Logo CL project

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

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

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

Research, online editions and more

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

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

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

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

Startscreen ILCR for Canterbury Court Records

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

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

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!


At the passing away of Peter Landau

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

From Berlin to Munich

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

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

In Munich

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

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

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

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

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


Clairvaux, a monastery and a prison

Screen shot "The monastery and the prison"

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

Between walls

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

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

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

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

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

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

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

Looking behind and beyond walls

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

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

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

Legal history at Medieval Digital Resources

Banner Medieval Digital Resources

In the tenth year of my blog I feel the need to look back at some telling contributions. In a number of posts I compared portal for legal history, for medieval history, and even two major national digital libraries. In this post I would like to look at one particular portal for medieval studies, Medieval Digital Resources (MDR) created for the Medieval Academy of America. This portal was developed between 2014 and 2016. The project was launched in December 2018. Somehow I have not noticed the launch of this portal. In view of the efforts behind it and the criteria for inclusion and description it seems most interesting to discuss MDR here in detail, with some particular questions as a focus: What place does legal history hold at this portal? How does its place reflect the many roads of legal history?

Aiming high

Logo MDR

The explicit aim of the portal is ” to provide access to websites that contain content of interest to medievalists and meet the Academy’s scholarly and technical standards of web presentation”. In my view this leads to two goals, selecting resources which are sufficiently interesting for scholars, and at the same time considering the quality of the virtual representation. I see here two questions: Do resources meet scholarly needs and standards? How well is their technical realisation? The Medieval Academy of America thanks a number o people in the acknowledgements, in particular Maryanne Kowalweski for designing the database assisted by Lisa Bitel and Lisa Fagin Davis. A team with six cataloguers and eighteen reviewers helped to give MDR its present shape.

You can approach the resources brought together at MDR in three ways. It is possible to browse for resources in alphabetical ordering, supported by an alphabet and a section Recent additions. A second way is offered by the search interface with multiple fields. You can search here directly for the title and description of resources, the date range and subject, the type of resource, the geopolitical region and the original language. You can also search for the original author or creator, the type of digital resource, the license, the modern language and the project status. A number of fields work with dropdown menus. The third approach is using the search field descriptions. Here you can find lists of descriptors for five search fields: subject, source type, region, original language and type of digital resource. You can look at the notes about the names of medieval authors which tells us catalogers will enter author names only when a sufficient amount of material within a resource stems from a particular author. The page about project status explains the criteria for giving a project included in MDR a particular status. The MDR depends on good input and suggestions from scholars, and thus the suggestion form is an important element of the website, as is the feedback form.

The page about standards explains at its end the reviewing process for new suggestions and the way the team behind MDR will deal with suggestions, but the sets of standards and criteria take up most space. The first set focuses on scholarly quality: meeting normal standards, the need for explicitly stating aims, goals and methods used, including providing collection parameters, and bringing a substantial contribution or innovation. Digitized monographs are excluded.

The second set of standards deals with access and design. The first criterion is meeting prevailing digital standards, with as examples the NISO standard for digital collections, Dublin Core and IIIF (International Image Operabiliity Framework). The second criterion is the need for metadata and consistent maintenance of content, interface and platform. Image quality according to regular standards is a third criterion, and the fourth criterion is wide availability and easy navigation. The fifth criterion calls for clear and correct dealing with publication rights, copy rights and credentials.

The third set of rules of inclusion explains the definitions used for complete, ongoing and pending projects. A pending project is “new and incomplete”, or unstable because the content is minimal, maintenance is absent or irregular, and thirdly “or that are longer publicly available”. Could it be the word “no” is missing the last clause?! The criteria for an ongoing project are consistent monitoring and regular updates over a year, with portals, databases and collections as examples. A complete project is fully realized and maintained, and a curated image or text collection and a thematic bibliography are given as examples.

Whatever you may think of this project in its present state, the explicit use of standards and the explanations about the criteria to be followed are in se very useful. It helps you to ascertain qualities not only subjectively or from impressions.

Selecting in practice

I had firmly convinced myself to look here first of all at sources you can connect with the study of medieval legal history, but it seemed also interesting to look which projects with the status “Complete” have been included so far at MDR. Nearly thirty projects have been assigned the status Complete. The very first result is the website of the Archivio Segreto Vaticano (ASV). Surely the ASV should figure here, but I could not help noticing a number of things about the notice. The term archives has not been used for a searchable field of this description. The modern language of the ASV is only stated as English, but of course you can view this website in Italian. Reading the description of the collections guide, “The downloadable guide lists the over 600 different collections, but not individual manuscripts of their contents.”, offers some food for thought, starting with the fact this guide (PDF) is in Italian. The collections of the ASV are generally archival collections, not manuscript collections as in its neighbour, the Biblioteca Apostolica Vaticana. In view of the number of collections at the ASV it is silly to expect for every collection full descriptions in a 96-page PDF. The choice of subjects given for the ASV, just three (diplomatics, manuscript studies and papacy) is fairly restricted, even if the additional description mention the wide variety of subjects, including legal history.

However, the main reason I start to frown when reading this description is the presence of the term Catalog in the list of resource types noted for the website of the ASV. An archive has finding aids and inventories, indexes, repertories and other tools to create access to its holdings. Personally I deeply respect the ASV for its various qualities, but you will not find any online finding aid on its website or on a separate portal. The online overview of archival collections at the ASV in ArchiveGrid is based on the Michigan project (1984-2004). Older printed guides can still be very useful. The most recent guide has been created by Francis Blouin et alii (eds.), An Inventory and Guide to Historical Documents of the Holy See (Oxford 1998) which incidentally goes beyond the ASV. You might want to read also the introduction to the ASV at the website of the Vatican Film Library, St. Louis University. Somehow the MDR notice about the ASV seems not to have been carefully reviewed. I am aware that in American use the word manuscripts can also mean papers of archival records, but its use here is not very lucky.

Looking again at the MDR search interface you will remark the absence of a search field for institutions or type of institution, and thus you will need filter yourself when searching for an archival institution. On the other hand you can filter using the preset combined fields for textual evidence for particular genres of archival records. Let’s have a quick look at some other projects at MDR having the complete status. The medieval manuscripts digitized for Europeana Regia are no longer available at its original URL. It is now available in an IIIF compliant form. The Orbis Latinus dictionary figures in the 1909 version digitized by Columbia University. The updated 1972 version is mentioned, but the notice does not indicate this version, too, has been digitized at Bayerische Landesbibliothek Online. The version of Columbia University is in German, only the introduction and some further links are in English. The notice for the Piccard Watermark collection lacks information about its language (German). The fact this kind of material evidence is also present in printed books and can be used for studying book history should become clearer. In his very early and short review of MDR on December 4, 2018 at Archivalia Klaus Graf suggested another resource concerning watermarks, the Memory of Paper, is more in place.

Using the general term legal in the free text search fields brings you to four projects. It is good to see here Diplomata Belgica, a project which figured here prominently in my recent post about Dutch charters. The three following projects are the Internet Medieval History Sourcebook, the Making of Charlemagne’s Europe – my subject in another post – and RELMIN, a project concerning religious minorities, briefly mentioned here, too. I could not help noticing RELMIN is described as an ongoing project, but in fact it is only maintained, and it provides translation not only in French, but also in English. The description at MDR is bilingual! The description of the Making of Charlemagne’s Europe mentions legal documents explicitly

By all means you might start asking me why I devote space to these defective aspects of the MDR database, as if it has no right to exist in its current form. However, it is only fair to assume that a project with six cataloguers and eighteen reviewers aiming to achieve goals which follow strict, even rigorous standards, should itself show high qualities, too.

Medieval law in focus

Let’s stick with legal history in the following paragraphs. I will look in MDR at projects filed with the subject Law, Law – Civil, Law – Crime and Law – Religious law. I will look also at some key resource types associated with medieval jurisdiction and authority. I will honour the attention of MDR to both textual and material evidence. Charters and legislation offer textual evidence, seals form also material evidence.

Searching for the general subject Law brings you at present 23 items. The alphabetically ordered list with 22 results shows foremost general resources, but starting from Chartes originales antérieures à 1121 conservées en France you are sure law is not far away. The French scholarly journal Cahiers de Fanjeaux devotes issues to matters of religious law, in particular heresy and inquisition. With The Medieval Canon Law Virtual Library and the project for medieval Welsh law you arrive safely in the fields of legal history. The Monumenta Germaniae Historica (MGH) does contain a substantial number of editions of legal texts and sources, and within the French TELMA project charters occupy an important place. The filter for civil law brings you to three results: British History Online, the bibliography of the Feminae project and again the MGH. For religious law as a subject MDR brings you to five results starting with the Digital Scriptorium again to Feminae, the Medieval Canon Law Virtual Library is present again, and you will find the digitized versions of the Patrologia Latina and the Patrologia Graeca. Clearly the subseries MGH Concilia with editions of medieval councils has not been taken into consideration, as are manuscripts with conciliar texts within Europeana Regia or in the Digital Vatican Library, to mention just two MDR resources. For the subject category Law – Crime I saw only British History Online and Feminae.

For charters MDR shows currently four projects, the original French charters from before 1121 at the TELMA portal, the Making of Charlemagne’s Europe, RELMIN and the TELMA portal. Diplomata Belgica has not been tagged with the term Textual evidence – Charters. The subject category Textual evidence – Legislation yields nine results in MDR. A search for seals in MDR brings you only to British Museum Collections Online. A search for courts brings you to British History Online, the French charters of TELMA and the Internet Medieval History Source Book. In the following section I will look at the implications of this situation regarding legal history for a general opinion about the qualities of MDR.

A beta version?

When I first encountered Medieval Digital Resources I had positive expectations about its content and quality. You might think my opinion of MDR has sunk dramatically in view of the way resources for legal history are currently presented, or are present at all.  However, I think it would be foolish to judge this gateway after analyzing only one subject in some detail. Anyone hopes to find something for his or her favorite subject. Alas another thing is perhaps more disturbing. When you search for items linked for a particular modern language, let’s take Danish, it is somewhat mystifying to get more than one hundred results without Danish being explicitly mentioned when you check these results. Of course I checked for Dutch also as an original language, and here it becomes clear that in the entry for the database Medieval Manuscripts in Dutch Collections Middle Dutch has not been entered explicitly as an original language. In due time the database for manuscripts with literary texts in Middle Dutch, the Bibliotheca Manuscripta Neerlandica et Impressa (BNM-i) should be added to MDR, too.

For some subjects the MDR is already very rich, for example for music. For other subjects you would like to see more than one or two scattered references, for example for palaeography. In a general search for the word archives you would expect to see the MDR entry for the online catalog Archives et manuscrits of the Bibliothèque nationale de France, but it does not show up. In early March 2019 the MDR database contained just 136 items. Yet nowhere on the website it is presented as a beta version, and the term “growing collection” is simply too vague. On the contrary, the preparations started in 2014, and the team worked on the database until 2018. Medieval Digital Resources now looks like a pilot for a much grander project.

One of the problems I see in the MDR database is the lack of a good working distinction between literary texts and non-literary textual resources. Another problem is how to deal with resources with a very wide coverage: Do you enter all themes and subjects separately or is there a category “General”? Perhaps more serious is the approach to resources which focus on a particular language, source type, region, theme or subject, and to other resources where these are present at a more secondary level. A thorough control of the current entries and the preset filters might be helpful and is certainly feasible in view of their current number.

The team of MDR faces some very real challenges. How to steer between the justifiable wish to include projects according to strict rules in clear presentation, and the very real need to provide a sensible web guide for medievalists? If you want to get an impression of the sheer width of medieval studies you might want to look at the online Medieval Studies Bibliographies originally created by Charles Wright and now provided by ARC Humanities Press. You could start comparing for example the coverage in its bibliography for medieval Christianity and ecclesiastical sources the sections on the papacy and on canon law and councils. The ordering of sources and scholarly resources is not really clear, and comments are absent or very concise. However, Wright very wisely divides matters over nearly twenty bibliographies, including a general overview for medieval studies. I suppose you will acknowledge the fact that in daily practice we might rely often on some resources which are not absolutely perfect. You need also guidance to use the proper resources, preferably in their most reliable and updated version. The massive Handbook of medieval studies. Terms – methods – trends, Albrecht Classen (ed.) (3 vol., Berlin-New York 2010) has more than 2700 pages.

Despite my reservations and critical remarks I cannot help admiring the idea to provide a commented gateway to resources using review to clear standards. By starting with just 130 resources the MDR exposes itself to criticisms. You cannot hide the fact that a project with eighteen team members from an institution promoting excellence in medieval studies should have started differently after five years of preparation. I had expected to see already a tag IIIF compliant added for projects with digitized medieval manuscripts. Perhaps it is wiser to start enhancing MDR with a focus on countries such as England, France, the Holy Roman Empire and Germany, and to add only gradually additional resources following a plan for particular subjects, languages and resource types. It seems wise to make such things clear right from the start. Technically I found MDR rather slow functioning. Among the projects I encountered at MDR I had not yet used the licensed ACLS Humanities E-Book collection with nearly 300 books in the subject category European 400-1400. The selection contains an electronic version of Anders Winroth’s The making of Gratian’s Decretum (Cambridge, etc., 2000).

If Medieval Digital Resources will become worth visiting and using in the future, some quick measures are necessary. Hopefully scholars are willing to suggest new resources for inclusion. However excellent it will eventually become, I am sure maintaining standards and doing ordinary maintenance will be core matters for the team working to make MDR successful.


Medieval manuscripts from France and England united

Banner France-Angleterre 700-1200

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

Manuscripts in two cities

Logo The Polonsky Foundation

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

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

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

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

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

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

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

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

A rapid tour

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

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

A postcript

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

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

A twin approach to the inquisition in the medieval Languedoc

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

Manuscripts, registers and editions

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

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

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

The project of Jean Colbert and Jean de Doat

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

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

Doat 24, f. 7v-8r

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

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

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

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

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

Long awaited

Banner "The Great Inquisition"

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

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

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

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

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

A postscript

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