Tag Archives: Medieval canon law

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.

 

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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 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-Anglettere 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, 209, f. 2r (detail) – image: BVMM (IRHT/CNRS), https://bvmm.irht.cnrs.fr

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

The project of Jean Colbert and Jean de Doat

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

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

Doat 24, f. 7v-8r

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

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

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

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

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

Long awaited

Banner "The Great Inquisition"

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

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

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

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

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

A postscript

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

A true professor: Knut Wolfgang Nörr, legal historian and lawyer

Knut Wolfgang NörrIn the midst of all kind of things, not only preparing new posts for this blog, I read news which made me pause for thought, and more than that. It is truly sad to hear that Knut Wolfgang Nörr passed away on January 15, 2018. Last week Thomas Duve, one of the directors of the Max-Planck-Institut für europäische Rechtsgeschichte in Frankfurt am Main, wrote a brief message about Nörr’s death on the institute’s website. At the university of Tübingen his colleague Jan Schröder wrote a somewhat longer but still very concise in memoriam with however a very full treatment. In fact it is hard to believe you can tell anything about him with so few words. When you look at the enlarged version of the portrait photo it is even more striking how he looked almost unchanged over the years. Here I would like to share a few of my memories of meeting Professor Nörr many years ago, and I will briefly look at his work in the field of medieval canon law. I am sure they show sides of him which are equally telling about his person, his life and achievements as a scholar as more profound obituaries which he truly deserves.

A true professor

Jan Schröder succeeds wonderfully in creating a most lively image of Knut Wolfgang Nörr (1935-2018), a man of many gifts. Legal historians tend to see him as a major specialist in the field of medieval canon law, but he made also important contributions to the study of contemporary German law. It was Stephan Kuttner who guided his first research in the field of medieval ecclesiastical law, resulting in his first book around a theme connected with the Council of Basel, Kirche und Konzil bei Nicolaus de Tudeschis (Panormitanus) (diss. Munich 1960; Cologne 1964). Nörr used here the person of the Sicilian canonist Niccolò de Tedeschi (1386-1445) as a focus for a study of views on the balance between church and councils. His versatility became soon visible in his Habilitationsschrift on the position of judges within Early Modern legal procedure, Zur Stellung des Richters im gelehrten Prozess der Frühzeit: Judex secundum allegata non secundum conscientiam judicat (Munich 1967). Nörr became in 1966 a professor at Bonn, and went in 1971 to Tübingen where he would stay despite several alluring calls from other universities.

Combining the history of legal procedure and medieval canon law became a hallmark of his work, but he was equally equipped to study the history of German law, for example with a pioneering study of private law during the Weimar Republic, Zwischen den Mühlsteinen : eine Privatrechtsgeschichte der Weimarer Republik (Tübingen 1988), and crowned with a study on the history of economic law in post-war Germany, Die Republik der Wirtschaft : Recht, Wirtschaft und Staat in der Geschichte Westdeutschlands (2 vol., Tübingen 1990-2007). The results of his research were published also in a steadily flow of articles, a number of those concerning civil procedure were republished in the volume Judicium est actus trium personarum : Beiträge zur Geschichte des Zivilprozessrechts in Europa (Goldbach 1993).

In the field of medieval canon law he looked in particular at the way the papacy used law, not only in papal decretals, letters with decisions by papal delegates, usual bishops or abbots, but also at the courts of the papal curia in Rome. Looking at the titles of his articles and their sequence it shines through how he delved new roads to look at the relevant sources. The importance of his work on medieval procedure is perhaps most visible in the creation of the series Der Einfluss der Kanonistik auf die europäische Rechtskultur, Orazio Condorelli et alii (edd.) (4 vol., Cologne-Weimar-Vienna 2009-2014) in which three volumes deal with legal procedure. Thanks to Knut Wolfgang Nörr the very substantial role of canon law in legal procedure is taken into account in any study of the history of legal procedure, an achievement very much also following his teacher Stephan Kuttner who stressed the role of medieval canon law for criminal law.

Some personal notes

I had promised you not to look only at the publications of Knut Wolfgang Nörr, but seeing this overview helps you to understand what a towering figure he was, certainly in the eyes of a young graduate student. In summer 1991 I came to Tübingen for a period of research for my Ph.D. thesis. My second supervisor, Alain Wijffels (Leiden and Louvain-la-Neuve) had helped me to get support from the university of Tübingen. I had made an appointment at the law faculty, but I was not quite prepared for what happened next. Nörr welcomed me friendly, assuming I would defend my thesis at Leiden University, quod non, but after telling him about my purpose and study plan he did something else, too. He gave me the name of a student assistant whom I could contact for practical matters, and he walked me to the university library. In a seemingly old-fashioned but very effective way he introduced me to the staff of the department for rare books and manuscripts. Twenty-five years ago the electronic library catalogue at Tübingen was still in an early phase, and not all old works had yet been entered. Therefore he handed me the old hand written catalogue of legal books, and urged me to look it through completely before starting with reading specific medieval and Early Modern works.

To illustrate the riches of Tübingen’s university library for legal history Nörr told me a story about another visitor. On a certain occasion he had taken Domenico Maffei, a connaisseur of old legal books, to the library stacks, and left him with the old legal books. After half an hour Nörr looked for Maffei, and found him still between the stacks, murmuring again and again: “Scandalo, scandalo!”. “What is the scandal?”, Nörr asked him, and Maffei answered the scandal was not the stunning presence of many rare books, surprisingly often with more than one copy, but the fact this collection had survived the ages and now was only seldom used.

The Bonatzbau (1912) of Tübingen University - image Wikimedia Commons

I spent part of the following summer again in Tübingen to benefit from the rich holdings of the university library. For at least one particular genre of Early Modern legal books it would be impossible to write its history without taking the collections at Tübingen into consideration, but it is closer to the truth to say that only the Universitätsbibliothek Tübingen made me thinking about this genre. I hope to follow and complete my investigations. Most of all, I cherish the foundations I could lay for such research thanks to the gentle support of Professor Nörr and the efforts of the library staff.

A second loss

While musing about my fond memories I remembered another thing. Knut Wolfgang Nörr belonged to a family with three of Germany’s best lawyers, a Dreigestern (three-star). Last year Dieter Nörr (1931-2017), too, passed away. In my Munich years I worked at the Abteilung B for German and Bavarian legal history of the Leopold-Wenger-Institut für Rechtsgeschichte, but luckily I was also in touch with the department for the legal history of Classical Antiquity in its fullest extent. Dieter Nörr, his colleagues and the marvellous library for ancient law ensure that yearly many young scholars come to Munich. For me it was striking to see during the famous Roman law seminar the similarities between the two brothers, in particular his humility and humour in admitting something was too difficult for him to solve. The In Memoriam on the institute’s website says infinitely more about him.

A true professor inspires not only by his research, teaching and publications, but with his whole person, his behaviour and way of living. Knut Wolfgang Nörr set an example of questioning existent views, immersing himself in the matters at stake and charting new territories, and perhaps above all, taking interest in people and sharing his curiosity and wisdom. Even in the few times I met him these qualities were visible. The community of legal historians has lost again one of its giants. Let’s keep alive the sparkle that lived so strong in Knut Wolfgang and Dieter Nörr!

New views on digitized medieval manuscripts: Parker Library 2.0

Startscreen Parker Library on the Web

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

Removing the barriers

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

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

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

Logo Parker Library

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

Legal history and the Parker Library

Richardus de Pophis, Summa dictaminis secundum stilum romanae curiae

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

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

Logo IIIF

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

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

The long years of the Council of Konstanz

Once upon a time the history of church councils seemed a matter of Christian theology slowly but inevitably reaching new levels of dogmatic intricacy, either led by wise popes or marred by popes who thought more of themselves than of the Catholic church. Things get more interesting when you look at the proceedings not as a distraction to theological matters at stake, but as historical events just as important as the canons and decrees finally proclaimed. One of the longest councils was the Council of Konstanz (1414-1418). Recently I was alerted to a modern representation of a chronicle showing the daily business of this medieval council. The virtual presence of this council is worth the attention of legal historians, too. In this post you will find a tour of some of the most important resources. As in my earlier post about the Fourth Lateran Council (1215) I will look also at images of this international meeting in fifteenth-century Germany, close to the modern border with Switzerland.

Five long years

Logo Konstanz Konzilstadt

Probably the most famous event of the Council of Konstanz was the trial of Jan Hus. In order to avoid too much coverage of modern memorial years I decided not to write about him here. One reason for writing here about this church council was my amusement about the tweets of Ulrich Richental, a modern incarnation of the fifteenth-century author of a chronicle about the Council of Konstanz. The tweets tell you on a day-to-day basis about events during the council, and they are directly linked to the multilingual website Konstanz Konzilstadt.

King Sigismund of the Holy Roman Empire succeeded in conveying a church council at Konstanz in a time when Western Europe had to face the presence of three popes, three because one of them, John XXIII, was a so-called antipope who resided in Bologna. Gregory II was pope in Rome and Benedict XIII reigned from Avignon. One of the problems for this council was the division between those in favour of full power over the church in the hands of a council (conciliarists), and those sticking to papal and curial power (curialists). Imagine the international crowd of ecclesiastical dignitaries and the courtiers of king Sigismund all together in a small town on the lovely Lake Constance, and you get the picture.

Cover facsimile edition of Richtental's chronicle

We can form our own picture of this council in a very literal and pictorial way thanks to the illustrated chronicle of Ulrich Richental (around 1360-1437). The famous illustrated manuscript at the Rosgartenmuseum in Konstanz is available in a modern facsimile edition [Chronik des Konzils zu Konstanz 1414–1418. Die Konstanzer Handschrift der Konzilschronik des Ulrich Richental, Jürgen Klöckler (ed.) (2nd ed., Darmstadt 2015)]. Interestingly, the list of manuscripts given in the German Wikipedia article on Ulrich Richental contains more items than the online database of the Handschriftencensus which omits two manuscripts that went missing. Some manuscripts have been digitized. This chronicle is the well from which the modern successor of Ulrich gets the information for his tweets. The tweets started only in 2016. It is safe to assume the idea for daily tweets was inspired by similar Twitter accounts and blogs for the commemoration of the First World War.

As for scholarly literature concerning the Council of Konstanz I was surprised that the online bibliography of the Regesta Imperii (accessible in German and English) for some reason lists only literature published before 2010 when you use the thesaurus search. You will have to check many titles using the various translations of the city name Konstanz to find relevant publications.

Acts and decrees

A second reason to write here about the Council of Konstanz brings us safely back to the sources legal historians will want foremost to consult, the manuscripts and archival records, and when available critical editions of the sources. Finding out about such editions for medieval councils can be daunting. On my legal history website the first section of the page concerning relevant editions for canon law deals with councils. For sound foundations I could rely here on an article by Joseph Avril, ‘Les décisions des conciles et synodes’, in: Jacques Berlioz et alii (eds.), Identifier sources et citations (Turnhout 1994) 177-189. Lately I checked for the online availability of a number of Early Modern editions of conciliar decrees and decisions, but some modern editions, too, have been digitized, too. The edition of the Acta concilii Constantientis by Heinrich Finke (ed.) (4 vols., Münster 1896-1928) has been digitized at the Internet Archive. Finke gives in the first volume materials from the preparatory phase of the council (1410-1413). It was harder to find a complete set with a single point of reference for other modern editions. The Monumenta conciliorum generalium saeculi decimi quinti, F. Palacky et alii (eds.) (4 vols., Vienna 1857-1935), with sources for the Council of Basel can be found conveniently online in Gallica. The second major edition for the Council of Basel, Concilium Basiliense. Studien und Quellen zur Geschichte des Konzils von Basel, J. Haller (ed.) (8 vols., Basel 1896-1936) has been digitized in its entirety at the Bayerische Staatsbibliothek, Munich. In the case of Basel having easy access to the editions is only the start of finding your way in a myriad of documents.

Among the participants at Konstanz were French dignitaries with more than a basic knowledge of canon law, among them cardinal Pierre D’Ailly (1350-1420), Jean Gerson (1363-1429) and cardinal Guillaume Filastre (1348-1428). Finke published a journal held by Filastre in his Forschungen und Quellen zur Geschichte des Konstanzer Konzils (Paderborn 1889; online, Internet Archive). With Francesco de Zabarella (1360-1417) we meet a great canon lawyer. In 1410 he became archbishop of Florence and year later he was created cardinal, hence his nickname Cardinalis. Zabarella died in Konstanz on September 26, 1417. Studies by Dieter Girgensohn and Thomas Morrissey have considerably enlarged our knowledge about him and his views. As a papal legate he was involved with the Council of Konstanz from the moment he was sent in 1413 as a papal legate to king Sigismund to discuss the chances for a church council.

Another canon lawyer wrote a dedicatory letter in the first printed edition of the acts of the Council of Konstanz, the Acta scitu dignissima docteque concinnata Constantiensis concilii celebratissimi (Hagenau: Gran 1500) by Hieronymus de Croaria (ca. 1460/63-1527). The Gesamtkatalog der Wiegendrucke (GW 07287) and the Incunabula Short Title Catalogue (ISTC 00800000) habitually summarize titles of works stemming from institutions and authorities. Searching in the ISTC for Concilium Constantiense yields four results. The GW has a separate page for the incunabula editions of conciliar decrees. Both the GW and the ISTC point to digitized copies of incunabula. Konrad Summenhart (1460-1502) studied in Paris and Heidelberg before becoming a professor of theology and even chancellor of the university of Tübingen. In his work Opus septipartitum de contractibus he looked both at contractual law as administered in courts as on the impact on the forum conscientiae, the personal conscience. He wrote about subjects as usury and tithes. Hieronymus de Croaria had been his colleague in Tübingen as a professor of canon law before he went to Ingolstadt. Later on he worked also as a judge.

Heinrich Finke guided the research of Joseph Riegel who defended a thesis on the wildly varying numbers of participants at the Council of Konstanz [Die Teilnehmerlisten des Konstanzer Konzils. Ein Beitrag zur mittelalterlichen Statistik (Freiburg im Breisgau 1916; online, Internet Archive)], a thing already debated by contemporaries.The Council of Konstanz became during five years a focus of European politics and church reform, a place where many influential people met. The sheer number of participants, their background and views, and the impact on church life merit and warrant a good chance at finding always new perspectives, not to mention resources, to make it worthwhile to look again this event, not in the least with an eye to legal history.

A postscript

In this post I tried to be as concise as possible, but I think it is right to point here also to another old edition concerning the Council of Konstanz, the seven volumes of the edition edited by Hermann von der Hardt, Magnum Oecumenicum Constantiense Concilium (…) (Frankfurt am Main 1697-1700), digitized by the Universitäts- und Landesbibliothek Düsseldorf. I had preferred to give you the exact link to a completely digitised set, but searching in this digital library brings you quickly to the volumes. I found the reference to the digitised set at Düsseldorf in a 2015 blog post by Klaus Graf at Archivalia where he dealt with the entry for this council in the Historisches Lexikon Bayerns. However, Graf mentioned only two volumes of Hardt’s edition.

Another resource worth mentioning is the online version of Chris Nighman and Phillip Stump, A Bibliographical Register of the Sermons & Other Orations Delivered at the Council of Constance (1414-1418) (2006, updated 2007) available at the website of the Bibliographical Society of America.

A book that should figure here, too, is Martin Cable, “Cum essem in Constantie…”: Raffaele Fulgosio and the Council of Constance 1414-1415 (Leiden 2015). Fulgosio (1367-1427) was a notable lawyer.

 

Between French and Roman law: Li livres de jostice et de plet

Image of the Livres de jostice de plet - image source: ENC / BNFA few days after the celebrations of Quatorze Juillet, the French national day, I looked in the digital library with editions of the École nationale de Chartes, one of the French grands établissements, the famous school for the training of archivists and palaeographers. Not only can you find here a heading Édition de textes juridiques, but the text edited here anew and online since November 2016, Li livres de jostice et de plet, belongs to the classic legal texts of medieval France. The edition appeared online in 2016. Interestingly this text survives in its entirety only in a single manuscript at the Bibliothèque nationale de France (ms. fr. 2844). The text shows clear influences of Roman law, a fact sometimes used to frown upon. How sensible is it to judge the value of its text depending on the presence or absence of influences? It seems useful to look at it here in some detail, also because the new edition curated by Graziella Pastore comes into its own thanks to an accompanying website with more information, a combination that could serve as a model.

Between two laws

Li livres de jostice de plet is a treatise written in Old French and composed in the mid-thirteenth century in the Orléanais, the region around Orleans. Its twenty chapters follow the divisions of the Digesta Iustiniani: The chapters 1 to 10 follow the Digestum Vetus (D. 1 to D. 24.2), chapters 11 and 12 correspond with the Infortiatum (D. 24.3-D. 38), and the remaining chapters 13 to 20 with the Digestum Novum (D. 38-D. 50). The university of Orleans was famous for its law faculty, a fact which came into new light only since the twentieth century in research conducted at Leiden. I will refer to both universities later on.

In the edition published in 1850 by P.N. Rapetti – online in the Internet Archive – the parts of the chapters which contained translations of the Justinian Digest had been skipped. The manuscript Paris, BnF, ms. français 2844 has been digitized (Gallica). Some rather prominent notes written in later centuries show up on the cover and the first pages of the black-and-white digitized microfilm. The description of the edition explains that two other manuscripts have been adduced to complete textual lacunae in the part corresponding to the Infortiatum.The manuscript Bordeaux BM, 354 can be consulted online in the Selène digital library of the Bibliothèque Municipale in Bordeaux, but I could not find an online version of the other manuscript, Rouen BM 794. The use of these manuscript reminded met about my post last year about medieval laws in translation where I did not mention the Livres de jostice et de plet. In the online Catalogue collectif de France you can restrict your search to manuscripts and archives, and you will find in it information about both manuscripts, although this often leads you only to the nineteenth-century Catalogue général. On the other hand, the information about the manuscript BnF, ms. fr. 2844 given in the online edition is also very general. In the new edition all paragraphs with direct translations from the Digest are given in blue print.

In my earlier post I referred to the online bibliography of the Dictionnaire étymologique de l’ancien français (DEAF), and this time I was much more aware how succinct the information it gives is. Interestingly there are two articles for the Livres de jostice et de plet, the first for the old edition without the Digest fragments, the second for those parts taken over from Roman law edited by Pastore. The entry in the DEAF points even to some mistakes in her edition.

Another rather elemental thing jumped into my face: How should one translate the title of this treatise, and where do we find online information about Old French? Jostice is clearly to be associated with justice, but plet is not a quite transparent word. Luckily a number of French dictionaries can be consulted online, including those for medieval French. The ATILF platform leads you to research projects, digital text corpora and dictionaries such as the Dictionnaire du Moyen Français for medieval French between 1300 and 1500, and the bibliography for the Godefroy, the nickname of the Dictionnaire de l’ancienne langue française et de tous ses dialectes du IXe au XVe siècle edited by Frédéric Godefroy (10 vol., Paris 1880-1905), digitized in the Gallica digital library of the BnF. It is also very nifty accessible at Lexilogos with an option to switch dictionaries. Godefroy brings you to the word plait, with as its primary meaning “accord, convention, traité”, but also “procès, querelle, jugement, discussion”, to mention only the most relevant meanings. The compact dictionary edited by the famous linguist A. Greimas, Dictionnaire de l’ancien français jusqu’au milieu du XIVe siècle (Paris 1968) gives for plait seven main meanings with brief examples.

The etymology of plait is revealing: Plait stems from placitum, explained in the lemma plaid as being conform to the will. In Italian legal history the placita are charters with verdicts which contain in a number of cases formulaic references to Justinian’s Digest. Only in the eleventh century such references clearly point to actual use of the Digest. The online version of the DEAF with a preliminary version of the letters G to K gives a very elaborate lemma for justice and its various spellings. It is seducing to translate the title of the treatise with an alliteration, The Book of Justice and Judgment, but “The Book of Justice and Procedure” seems a reasonable translation.

The second website

Banner "Li livres de jostice et de plet"

On purpose I wrote the first part of my post without using the accompanying website, in the hope it will correct some of my findings and anyway tell us much more than I can do here. However, I cannot hide some mixed feelings in my first impressions. The second website is to a large extent a kind of pilot project for the proper use of meta-data. In fact in the introduction Pastore states this clearly. With just twenty titles in the bibliography and five persons discussed in the biographical section this seems too much of a good thing, especially when you see the wide range of possible output forms and the thoughtful addition of preset links to a host of websites, catalogues and digital libraries. Pastore mentions at the second site only the 1918 offprint of an article by Henri Stein, ‘Conjectures sur l’auteur du Livre de jostice et de plet’, Nouvelle revue historique de droit français et étranger 41 (1917) 346-382, but it figures correct in the bibliographical section of her introduction to the online edition. Stein’s contribution is not included at all in the online Bibliographie d’histoire du droit en langue française (Université de Lorraine, Nancy). The bibliography at the second website consists of printed and online editions of archival resources and texts, but the critical studies do not figure in it. The DEAF bibliography refers to a short article by Jaana Seppänen, ‘”Livre de jostice et de plet” – un texte à rééditer?’, Neuphilologische Mitteilungen 91 (1990) 153-156. The references in Stein’s article were used as materials to give some bones to this prototype website.

The section Le manuscrit brings you to an embedded version of the digitized microfilm of the manuscript, and to a link for the description of it in the Jonas database of the IRHT at Paris-Orléans. This database with a repertory of medieval manuscripts with texts in medieval French and Occitan gives a short description of the manuscript in the BnF – essentially: written on parchment, 200 folia, dimensions: 350 x 270 mm; language: French (langue d’oil); datation: 1260-1275; origin: Orléanais-Île de France, and the incipit of the main text – and refers for more details to an upcoming article by Graziella Pastore and [Frédéric] Duval, ‘La tradition française de l’Infortiat et le Livre de jostice et de plet’ in the Bibliothèque de l’École des Chartes, one of the oldest European history journals; it appeared in 2017 in BEC 121 (2013) 199-226. The issues from 1840 to 2012 can be consulted online at Persée. The entry in the Jonas database does not give the first name of Duval. You might want to check in the online bibliography of the Regesta Imperii how many medievalists share the name Duval! At Academia you can look at a poster created by Pastore concerning the matters to be discussed in the promised article, and even better, you can view online a registration of her lecture about Li livres de jostice et de plet given at the École nationale de Chartes on November 29, 2016 for the presentation of the online edition. The results she announces in her lecture make you impatient to read the full story. I will not give a complete spoiler here, but one of the elements which comes into focus is the role of medieval canon law.

The Jonas database does not indicate the presence at the start of the BnF manuscript of a royal ordinance from 1254 (fol. 1r-3r) and some chapters of the Établissements de Saint Louis at fol. 3r-4r, things duly noted by Rapetti. His introduction is certainly still worth reading. For further study of this second legal text the translation by F.R.P. Akehurst, The Etablissements de Saint Louis. Thirteenth-century legal texts from Tours, Orléans and Paris (Philadelphia, 1996) offers itself as a starting point. Of course Pastore should get credits for giving some information about five historical figures around the Livres de jostice et de plet, but you would want to have not only references to old editions or to Stein’s article. These persons were mainly officers with a royal charge, for example baillif (bailli), and their presence is suggestive. A recent essay by Bernard Ribémont, ‘Compiling and writing a legal treatise in France: the Livre de Jostice et de Plet’, in: News from the Raven: Essays from Sam Houston State University on Medieval and Renaissance Thought, Darci N. Hill (ed.) (Newcastle upon Tyne, 2014) 133-142, gives you an idea of paths to pursue. Ribémont does look in particular at the role of medieval canon law and the way canon law texts were translated and adapted in the Livres de jostice et de plet.

Between Paris and Orleans

In my view there is another fruitful way to approach these legal treatises, by paying attention to the university of Orleans. Only last year the online legal history journal Clio@Themis published a special dedicated to the theme La forge du droit. Naissance des identités juridiques en Europe (IVe-XIIIe siècles), “The forge of law. The birth of legal identities in Europe (4th-13th centuries)”, with an article by Kees Bezemer (Leiden), ‘Jacques de Revigny (d. 1296): Roman law as a means to shape French law’. His footnotes refer to a number of his own publications, including ‘French customs in the commentaries of Jacques de Revigny’, Tijdschrift voor Rechtsgeschiedenis 62 (1994) 81-112. Bezemer devoted a book to Revigny, What Jacques saw. Thirteenth-century France through the eyes of Jacques de Revigny, professor of law at Orleans (Frankfurt am Main, 1997). Custom law in the eyes of De Revigny is the subject of the thesis of Laurent Waelkens (Universiteit Leuven) defended thirty years ago at Leiden, La théorie de la coutume chez Jacques de Révigny: édition et analyse de sa répétition sur la loi De quibus (D. 1, 3, 32) (Leiden, 1984). Sadly the online bibliography at Nancy does not contain this study of Waelkens, and for Bezemer only one publication has been entered. Bezemer and Waelkens follow the lead of the late Robert Feenstra who had entered the paths first walked by Eduard Maurits Meijers (1880-1954).

We will probably have to look also at an earlier generation of professors at Orleans, to the predecessors of Jacques de Revigny and Pierre de Belleperche, such as Guido de Cumis and Jean de Monchy. In this respect and for a good balance I have to mention a study by Marie Bassano, “Dominus domini mei dixit. . . “; Enseignement du droit et construction d’une identité des juristes et de la science juridique. Le studium d’Orléans (c. 1230-c. 1320) (Ph.D. thesis, Université Paris-2, 2008).

There is a clear need to look past the blinkers! From my point of view there seems to be a gap between an outdated belief on one side that any influence of Roman law in French medieval legal history is harmful, perhaps because this legal system contributed to the power of the French kings, and on the other side the fact Roman law offered itself as a normative system with the possibility to give legal customs a proper place. The French kings had indeed strong ambitions to become as powerful as their English counterpart and the German emperor, and they, too, enlisted everything and everyone that seemed useful for that purpose, with or without explicit use of Roman law. The online edition of Graziella Pastore should indeed offer yet another stimulus to look again at France in the thirteenth century in an open way. Using the French translations of Meijers’ articles concerning Orléans and French law provided by Robert Feenstra and H.FW.D. Fischer [Études d’histoire du droit (4 vol., Leiden 1956-1973)], and the studies of Bezemer and Waelkens, often accessible in French, give us the critical mass to do this. Let’s hope Pastore quickly puts things in order at the second website and brings us the promised new article in the Bibliothèque de l’École des Chartes which should do justice to the almost two centuries long tradition of the École nationale des Chartes.

A postscript

On September 22, 2017 Kees Bezemer will retire from Leiden University after 42 years. A meeting in his honour will be held at the Law Faculty.

Graziella Pastore kindly provided me with complete information about her article which finally has been published. The second website is indeed a prototype she built around Stein’s article. Pastore pointed me also to the description of the manuscript at the BnF in the Miroir des classiques project of Frédéric Duval at the École nationale des Chartes.