Tag Archives: Medieval history

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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Digital approaches to medieval charters

Start screen DCN

On January 25, 2019 the Digitale Charterbank Nederland [Digital Charter Database Netherlands, DCN] was launched at Het Utrechts Archief in Utrecht. In this project the Huygens Institute/Institute for Dutch History of the Dutch Royal Academy of Sciences works together with Het Utrechts Archief, many other Dutch archives, and the IT firm De Ree in Groningen to create an online database with not only medieval charters, but also charters written between 1500 and 1800. Among the speakers at the presentation was Els De Parmentier (Ghent) who made an illuminating comparison with the Belgian project Diplomata Belgica. It is only natural to compare both projects and to report on some early impressions.

The third attempt succeeds

In fact two previous attempts at the Huygens Institute to create an online database for all medieval charters in Dutch holdings had not reached their goal. Almost by chance financial support of the Dutch Science Foundation NWO, the presence of an archivist, Karel Engbers, who had recently joined the staff of the IT firm De Ree which supplies an archival system use at many Dutch archive, and the preparatory work of the Huygens Institute together resulted within eighteen months in the current database.

The DCN has a search screen with both a simple search and an advanced search mode which opens by clicking on arrows. The advanced mode is fairly restricted. You can search for phrases and for single words, and you can set a time period to limit the search results. The search tips lead you to the Dutch archives portal created by De Ree. The portal has a search interface in Dutch, English and German, but the page with search tips is only available in Dutch. In the top menu you will not find in the English and German version the choice for newspapers (kranten) and the very useful guide to institutions with holdings for cultural heritage (erfgoedgids).

The second half of the DCN starts screen

I did not want to go immediately to another track of this post, but you can hardly escape from the crucial role played by the archival system of De Ree. In fact the start page of the DCN looks below the introduction very much like the result pages of the Archieven portal. On the right you can use filters for archival institutions (diensten, shortened from archiefdiensten), the presence or lack of images and other files (bestanden), and for toegangen, finding aids. By the way, Het Utrechts Archief figures large with more than 25,000 charters, but as for now only for some 6,600 items digital images have been provided. For each charter you can go directly to the relevant finding aid. Currently the database of the DCN contains already 170,000 charters with for some 24,000 items digital images.

The proof of the pudding is in the eating, and thus two invited speakers, Hans Mol (Leiden University and Fryske Akademy) and Ronald van de Spiegel at the presentation gave an early report about the functions of the DCN. Finding all occurrences of the abbot (abt) of Middelburg proved to be not straightforward. The use of wildcards is of course important in view of the different spellings of names and locations. With the DCN you can chart for example the changes in the preponderance of papal and royal charters or measure the importance of towns. More disconcerting is the way the datations of charters can led to a presentation of results with in the date field the number 1000 – or another year starting with 1 – instead of the date in the description. In order to work properly the archival system needs to have correct input in its own datation field of the finding aid. Instead of blaming this particular system – or any system for that matter – you will have to look more carefully at the quality of the original input created by archivists. Some crucial fields might have been left empty, and sometimes even a clear indication you are dealing with a charter might be absent. The institutions using De Ree’s system can continuously add and correct their data, but those institutions which do not use it cannot easily update their data within the DCN.

Karel Engbers (De Ree) explained how he urged to widen the selection of charters mentioned within the finding aids at the beginning of the project and during its unfolding. He urged for instance to include also specific genres of charters, and also the occasions where only a top-level description is given, even the most superficial ones like “a bundle of charters, 1350-1550”.

A look at Diplomata Belgica

Startscreen Diplomata Belgica (detail)

Maybe you will already have some ideas about the DCN, but I think you can see them much clearer when you compare the DCN with Diplomata Belgica. In fact I would have preferred to write here about this outstanding digital project much earlier, but things went different. The subtitle of this website with a French and English interface clearly sets its limits and character, “The diplomatic sources of the Medieval Southern Low Countries”. You will find here charters from the territories corresponding more or less with the current country Belgium. The word diplomatic stems from the auxiliary historical science diplomatics, the discipline dealing with medieval charters. For practical reasons, the sheer number of medieval records, this discipline often halts at the year 1300, and only seldom much later, up to 1340.

In her lecture Els De Parmentier made it very clear how you can use Diplomata Belgica to search for very specific questions about medieval charters, giving you a very comprehensive range of fields with both diplomatic and additional information, in particular the presence of religious orders. Apart from the main search interface you can use the interface Recherche Tradition / Tradition Search to search for the textual transmission of charters: as original or as a separate copy, in particular repositories, the writing material, the name of manuscripts and even the Stein number for French cartularies. Perhaps the most important information of De Parmentier’s lecture was the attention to the multiple way you can study charters: within the text of a document, in documents with the same actors, documents with identical compositions, and for example in documents issued by a particular person or institution for the classic research into the working of medieval chanceries. I will leave out here her comparison with other digital projects for medieval charters, for example those at the French Telma portal, the Digitaal Oorkondenboek Noord-Brabant, the Cartago project for charters from Frisia, Drenthe and Groningen, the registers of the Hainault counts of Holland (1299-1345), the international Monasterium project. the Anglo-Saxon charters and the DEEDS project. Each of them has many qualities, but all are slightly different in their approaches. Their common denominator is the choice of approaches founded on diplomatics.

Two approaches to charters

Some impressions become clear after De Parmentier’s lecture. In its current form the DCN is mainly what it shows on your screen, a set of charters filtered from the online finding aids of a large number of Dutch archives and from data sets – and images – provided by some other archives. You can see quickly where to go for rich holdings, but the crucial quality of the data provided by these archival institutions is very clear, too. It is a bit silly to see lots of charters dated in 1000, 1040 or 1085 when you know the actual number of charters for these years is much lower. The time range of the DCN goes considerably beyond the normal scope up to 1300 of (digital) editions of charters for particular regions or princes to include charters issued between 1500 and 1800.

The DCN faces a serious problem with the way datations of charters are handled due to the quality of the input provided by holding institutions. Sometimes one date field with incorrect or insufficient information can lead to a wrong representation of the actual date range. Instead of grumbling about this state of affairs it is perhaps wiser to check the actual input and the cases which are or seem incorrect. The larger lesson is for many digital projects you will need to use fields in a correct way, think only of such standards as EAD (Encoded Archival Description) and Dublin Core, and of course for your own digital presence and services. Sooner or later you will want to share information. Many Dutch archives offer their finding aids also as open data, yet another spur for checking interoperability and correct working before connecting to other projects or presenting data to the general public. In a finding aid archivists describe items as succinctly as possible but uniquely distinguishable from other items, and it should be no surprise descriptions do not contain all possible information, let alone full transcriptions. Some archival institutions provide transcriptions, for example the Regionaal Archief Tilburg.

The DCN website mentions a diplomatic definition of charters, a single act written on parchment or paper pertaining to a legal situation or a legal action – e.g. a sale, a donation – made legally valid by the internal and external characteristics of the deed, such as a seal or a signature. For me the use of the phrase bevoegd persoon (authorised person) seems almost to exclude private persons. The phrase ‘Charter’ is de archiefterm, “[a] charter is the archival term”, wordings written by Jan Burgers, the project leader (Huygens Institute and University of Amsterdam), is simply not correct. In the latest version of the Dutch archival terminology (2003) a charter is defined as a document containing an act validated by one or more seals or a notary’s sign. This definition clearly differs from the definition in the famous Dutch manual by Muller, Fruin and Feith (1898) who saw a charter as the expedition (grosse) of an oorkonde, to be distinguished from a concept or a final version (minuut). The 2003 definition is much clearer about the documentary nature and more succinct. It is foremost an archival definition, and not primarily a concept from or defined by the needs of diplomatics. Luckily the explanations by Burgers about the importance of charters as historical sources are on spot.

Logo Huygens Institute / ING

In my view the Digitale Charterbank Nederland is a tool which reflects archival practices and needs. Its great power is the way you can look at charters within their archival context instead of seeing them only as specimens of a separate documentary genre, and having images of them on your screen. The search possibilities of the DCN are somewhat restricted, even when you allow for the way you can focus on a single archival collection. It is only wise to remember two earlier attempts to create this Dutch charter database failed. Hopefully the problem with the dates in the charters can be solved quickly by the contributing archives and De Ree. Thus we will have at our disposal a primarily archival tool which supplements other Dutch digital projects for medieval charters, such as the digitized versions provided by the Huygens Institute of the oorkondenboeken for Utrecht (OSU), Holland and Zeeland (OHZ), and Gelre (Guelders) and Zutphen (OGZ). Creating links between these editions and the DCN is one of the things that will enhance this database. In particular the coverage with digital images in the DCN is still a bit low, but no doubt this will change rapidly. The qualities of the DCN should also become rapidly available with an English, French or German interface for all scholars worldwide wanting to use charters in Dutch holdings for their research. Without some understanding of archives, archival theory and the classic historical auxiliary sciences such as diplomatics, palaeography, chronology and sigillography you will and cannot tap completely the wealth of information charters can provide.

Diversity and unity: Raoul Charles van Caenegem (1927-2018)

Raoul Van caenegem - source: Academia Europaea, https://www.ae-info.org/On Friday June 15, 2018 Raoul van Caenegem passed away. Last week the legal historians of the Law Faculty at Ghent University, his alma mater, sent an in memoriam in a special issue of the Rechtshistorische Courant. The Max-Planck-Institute for European Legal History published on June 25 a short notice about Van Caenegem. After some reflection about the right way to write here about Van Caenegem, translating these most fitting words from Flemish into English is probably the best thing to do.

Diversity and unity

After briefly mentioning his honours and awards the eulogy starts as follows: “The oeuvre of Van Caenegem is very diverse. A typical Van Caenegem story tells how he meets someone who expresses his admiration for his book. In such cases Van Caenegem did not reply “Which book?”, but remained friendly and tried to divine which book the other person could mean. Along his career Van Caenegem published about a wide range of subjects, making it difficult for relative outsiders to oversee his production. However, even knowing a small part of these publications leaves you mightily impressed. The editorial committee of the Rechtshistorische Courant will point here mainly to publications about legal history. Flemish medievalists do know him from his book on Flemish criminal law and criminal procedure in the fourteenth century, works inaccessible to foreign scholars because they have never been translated. It is the other way around with his Appels flamands, an edition of appeals from Flanders to the Parlement de Paris in the fourteenth and fifteenth century, widely read in France, but much less in Flanders.

The general public in Flanders knows Van Caenegem as the author of Geschiedenis van Engeland and Engeland Wonderland. His Flemish readers do not know generally about the praise of English legal historians for books such as Royal writs in England from the Conquest to Glanvill, The birth of the English common law and English lawsuits from William I to Richard I. English readers in turn might not know about the two general books on English history. Generations of Flemish students have toiled over Van Caenegem’s Geschiedkundige inleiding tot het recht, not knowing at that time this work has been translated meanwhile in languages ranging from English to Chinese, and that they are not used as student handbooks, but by graduate students and professors pf legal history and comparative law. Two other publications fit into the same row, Judges, legislators and professors and European law in the past and the future. Medievalists might pass these books, but they were able to benefit from the Encyclopedie van de geschiedenis der middeleeuwen and its later translations and adaptations such as the Introduction aux sources de l’histoire médiévale. In this case Van Caenegem continued a work started by his own teacher François Ganshof, in other cases he was a pioneer without followers. For a general history of European procedural law you still have to turn to his synthesis in the History of European civil procedure. He was also the editor of many volumes and articles. There are two volumes for his English articles, but many could follow filling easily some bookshelves. We can point to his work on Flemish keuren – not only customary law, but also legislation by the Flemish counts, OV – and his studies about Galbert of Bruges.

The truly groundbreaking thing is Van Caenegem did not look upon old law as a national but an European phenomenon. Now it is commonplace to speak about European legal history, but this started only after 1990. Without diminishing the role of other great scholars we can safely say Van Caenegem’s handbook did play a vital role in this development. They helped lawyers all over Europe to realize this continent had once upon a time one common legal history, and that Europe is heading again to a shared legal culture. It is no coincidence that the European Society of Comparative Legal History awards since 2014 the R.C. Van Caenegem prize, named after the savant seen by this society as its great example. Van Caenegem himself did underline the fact European legal history in the Middle Ages and the Early Modern period is not only a history of unity, but of diversity. Next to the great professors of the ius commune you can find the Grote Keure of Ghent. Long before the Brexit Van Caenegem emphasized how the common law was a strange element in the story of Europe. European law has many aspects. Van Caenegem knew as few others how to show this diversity for many branches of law: private law, criminal law, criminal procedure and public law. When you have an overview of Van Caenegem’s oeuvre you can only humbly confirm the words of an American scholar who many years ago said to a young student of Van Caenegem: You’ve been studying with God himself!”

A few words

I can confirm the mighty impression Van Caenegem could make when I remember my very first appearance for an audience of Belgian and Dutch legal historians. I felt instantly the presence of someone who was not only bodily, but also scientifically a giant with an inquisitive mind. In later years I knew also his kind but still towering presence. Fifteen years ago a vice-president of the Royal Dutch Academy of Sciences told how relieved he was when he finally knew how to address Van Caenegem without trembling to make a fault: mijnheer de baron, a consequence of the peerage bestowed on him.

For many years Van Caenegem served as a member on the governing board of the Max-Planck-Institute for European Legal History in Frankfurt am Main. He wrote in 2010 a lovely article about his own memories of great scholars for one of the scholarly journals of this institute, ‘Legal historians I have known: a personal memoir’Rechtsgeschichte/Rg 17 (2010) 253-299. Earlier this year I received a copy of the first Dutch edition (1962) of the Guide to the Sources of Medieval History. Even when it is clearly the work of both Ganshof and Van Caenegem you cannot escape from the thought Van Caenegem made already his imprint. For those thinking all his books have been mentioned above, I can mention at least one other book I have at home, Over koningen en bureaucraten. Oorsprong en ontwikkeling van de hedendaagse staatsinstellingen [On kings and bureaucrats. Origin and development of contemporary state institutions] (Amsterdam-Brussels 1977), a book on state formation, institutional history and public law. For decades Dutch legal historians and historians abroad saw his name on the cover of the Tijdschrift voor Rechtsgeschiedenis. It will not help much to add here other things. We can only mourn with scholars at Ghent University the loss of Van Caenegem, we can share with them the profound gratitude for his countless services to European and legal history during his long and productive life.

A postscript

The blog of the association Standen en Landen / Anciens Pays et Assemblées d’États published on June 19, 2018 an in memoriam in Dutch and French. On June 25, 2018 Maastricht University published a notice on its website with a drawing of Van Caenegem taken from his 2010 article in Rechsgeschichte/Rg.

Women and law in medieval letters

Logo EpistolaeHow can you correct some of the deceptive perspectives, or even worse, outright biases, without surrendering your own powers of comprehension? What is humanly possible to change your mind? I think we should embrace every sincere invitation to let us listen better to voices easily overlooked in our regular research practice and use of sources. In the project under discussion in this post I will as usually try to look first of all for its qualities, and not only for things to be repaired or bettered. Epistolae: Medieval Women’s Latin Letters is a project created by Joan Ferrante, a professor of English literature at Columbia University, New York. Its core is a corpus of nearly 2,400 medieval letters, both in English translation and in the original languages. What does this substantial collection contain, and what not? How easy can you use its contents? What is in these letters for legal historians?

Spanning a continent and a millennium

The second logo of Epistolae

The letters in the Epistolae project are written in Latin. They date from the fourth to the thirteenth century, and thus there are texts from Late Antiquity up to the century which often has been seen as the apogee of the Middle Ages. The collection contains both letters sent by women and letters they received. Apart from browsing the entire collection you can search the letters using separate search fields for the title of a letters, senders and recipients, and there is also a global search field. The first three fields automatically generate suggestions for items containing a part of your search which you can select for quicker searching. By clicking on the title of a column in the results view you can change its sorting order. There is a basic bibliography for the resources used for this project, with in many cases only the title of publications and their presence in Columbia’s university library. In the second section of the project you will find biographies about the women figuring in the project.

One of the things I quickly noticed is probably one of the historian’s idols, the absence of years or a period of years in a number of search results. In some cases a global date can be added easily because we know the years in which the sender or recipient lived. Historians prefer to know from which period or year, or when necessary even from which date a source stems. Temporal precision helps you to avoid generalisations for a period like the European Middle Ages which span a continent during a millennium. However, the thing clearly most important here is showing the existence of letters written by women or received by women in a language mostly associated with men and male education.

However large the number of more than 2,300 letters may seem, you will probably want to see as many letters written by women as possible, and in a second set letters written to women, and you might want to have also easy access to letters sent among women, but I do not see here the possibility to create this subset quickly. With this in mind I was rather amazed that you will find for Hildegard of Bingen (1098-1179) only three letters dictated by her and three sent to her. Her correspondence is good for three volumes in the modern scholarly edition, Hildegardis Bingensis, Epistolarium, Lieven Van Acker and Monika Klaes-Hachmoller (eds.) (Turnhout: 1991-2001; Corpus Christianorum, Continuatio Medievalis, 91, 91a and 91b), commonly seen as the one of the largest collections of letters written by a medieval woman. Hildegard is justly famed for the wide variety of people she wrote to and writing to her. The examples given here are restricted to letters to Elisabeth von Schonau, Eleanor of Aquitaine and Bernard of Clairvauc, and letters of Bernard of Clairvaux and Elisabeth von Schonau. The entrance for Hildegard of Bingen mentions the English translation [The Letters of Hildegard of Bingen, Joseph L. Baird and Radd K. Ehrman (Oxford etc., 1994, 1998, 2004)]. I did not find a statement on the website for this severely restricted choice, but it might be a matter of creating a balance between well-known and lesser known women.

A Dutch and Flemish view

You could bet I would look in the database of Epistolae for Dutch women, and this is indeed fruitful and revealing. There are 127 search results for a global search with the term Holland, and 208 results when you search for Flanders. However, something else becomes also visible. Each letter with more than one sender or recipient is recorded as many times as there are senders and recipients. Let’s look for example at the two charters of count William of Holland addressed to Margaret of Constantinople, countess of Flanders, written both May 19, 1250 in Brussels. I could not help spotting that William is according to the first charter only count of Holland, and in the second charter he figures as king of Romans. Ashleigh Imus provided Ebnglish translations of these charters. I checked the text also in the source mentioned at Epistolae, the Oorkondenboek van Holland en Zeeland tot 1299 (OHZ), A.C.F. Koch, J.G. Kruisheer en E.C. Dijkhof (eds.) (5 vol., The Hague 1970-2006) digitized by the Huygens Institute / Institute for Dutch History.

The first charter, no. 851 in the OHZ, reads clearly “Willelmus Dei gratia Romanorum rex semper augustus, comes Hollandie,” both king and count, with for Margaret, “Margareta Flandrie et Hainonie comitissa”, yet another county, Hainault. In the second charter (OHZ, no. 856) William is called only king of Romans, “Willelmus Dei gratia Romanorum rex semper augustus”. When you check the OHZ you will see Margaret figures in more charters dated May 19, 1250. In no. 858 her name is abbreviated. No. 701 of December 16, 1246 is present in the Epistolae database, but this charter was not addressed to the abbot and monastery of Doesburg. Thosan is the Flemish monastery at Ter Doest.

In yet another letter, this time addressing pope Gregory IX in 1242, Ashleigh Imus rightly corrected a misprinted location in an old Italian edition. The charter mentions indeed Veurne (Furnes) in Flanders. There is a summary of this charter in the registers of pope Innocent IV [Les Registres d’Innocent IV (1243-1254) I, Elie Berger (ed.) (Paris 1884), p. 52, no. 290], dated “Datum Lateranensi VI Idus Decembris”, December 8, 1243, and not on “III Nonas Decembris”, December 3, and edited from the papal register Reg. Avon. I 289, f. 47. I could not find this charter at the Belgian portal Diplomatica Belgica. Ferrante mentions the conflict about Hainault in her very interesting short biography of Margaret of Constantinople (1202-1280), without however caring to give the date of her birth and death.

You can check the charters of the only Dutch king of the Holy Roman Empire also in Die Urkunden Heinrich Raspes und Wilhelms von Holland, Dieter Hägermann and Jaap Kruisheer (eds.) (Hannover 1989; Monumenta Germaniae Historica, Diplomata), available online at dMGH, the digital platform of the MGH in Munich. The two charters nicely shows the difficulties of recording in a database the presence of multiple people involved with one item, and in this case even two person with two roles in the first charter. Things are clearly not entirely correct when you cannot find Margaret when you use a global search for Hainault. I am afraid that you got to be very much aware of the fact that only 800 letters have been entered into the Epistolae database, even though 2000 letters have been collected and await further treatment.

If you want to follow the trail of charters in the Low Countries you can consult online several modern editions. For Guelders you have the Oorkondenboek van Gelre en Zutphen tot 1326, for the diocese Utrecht Oorkondenboek van het Sticht Utrecht tot 1301, S. Muller Fz. et alii (eds.) (5 vol., Utrecht 1920-‘s-Gravenhage 1959). For Brabant the Digitaal Oorkondenboek van Noord-Brabant brings you even more than the printed editions. Older editions for Frisia, Groningen and Drenthe can be consulted and searched at the Cartago platform.

Letters and charters

My probings in the Epistolae database point in the direction of a conclusion which is not entirely surprising. It seems a good thing to put in both real letters and charters into one database on the same footing, but alas charters need to be treated in a very distinct way in order to become usable for research. The projects for Holland, Utrecht and Guelders give you a searchable database and both OCR-scanned texts and images of the original edition. Of course you want to use all possible relevant sources about particular women, but putting them into a database and creating a reliable scholarly resource is not an easy thing, regardless of the subject you want to investigate. In the Epistolae database you cannot search directly for letters by women sent to other women, a thing many people will want to look for. In many charters women, in particular those of high rank in medieval society, do all kinds of things, in particular actions with legal consequences. It is perfectly understandable that you would like to have as many sources as possible in a single online resource, but one has to accept some consequences. To the philological skills needed to study medieval letters you will have to add the skills of the classic historical auxiliary sciences such as diplomatic,s the study of charters, and palaeography.

Joan Ferrante wisely choose to rely on printed editions for her enterprise. Her knowledge of medieval literature and approaches of this vast subject has led her to launching a database that has its strength primarily in the letters given both in Latin and English. Realizing the idea of wanting to show both writing letters and using the pen for legal matters in charters is not unthinkable, but it will be a tour de force. Finding the voices of medieval women is a quest in itself, but you cannot afford to lose sight of all tools needed and existing.

Another thing that needs stressing is attention to the epistolary genre with its own particularities. You can get an idea of a further mixture of matters relevant to legal history by looking for example at a recent volume concerning the papacy and letters, Kuriale Briefkultur im späteren Mittelalter. Gestaltung – Überlieferung – Rezeption, Tanja Broser, Andreas Fischer and Matthias Thumser (eds.) (Cologne-Weimar Vienna, 2015; Regesta Imperii Beihefte, 37), available online at the website of the Regesta Imperii. In his contribution in this volume,  ‘Letter-Collections in the Middle Ages’ (pp. 35-50), Giles Constable explains medieval letters are most often transmitted within collections. A real letter could be expanded and refined to serve as a literary text. He stresses the double nature of letters and charters which can have both a personal and businesslike character. Constable urges scholars to look carefully at each individual letter, and not to conclude things hastily because it is preserved in a particular collection. Wise words from not just one of the best known medievalists, but from a doyen in the field of medieval letters. His volume on Letters and letter-collections (Turnhout 1976; Typologie des sources du Moyen Âge occidental, 17) has been digitized by the MGH. You can learn basic things about medieval letters also in the chapter ‘Epistolography’ by Julian Heseldine in Medieval latin: An introduction and bibliographical guide, Frank Mantello and Arthur Rigg (eds.) (Washington, D.C., 1997) 650-658. On the resources page of Epistolae this guide is mentioned without a reference to this chapter.

Logo MGH, Munich

Speaking of the MGH, it is now possible to find at their dMGH platform also editions of letters in the Epistolae series, in particular the volumes of the Epistolae saeculi XIII e regestis pontificum Romanorum selectae, Karl Rodenberg (ed.) (3 vol., Berlin 1883-1897; MGH Epp. saec. XIII) in which you will find both real letters and more official correspondence. A letter to Joan of Constantinople, countess of Flanders and Hainault, sent by pope Gregory IX on November 5, 1235 (I, 563, no. 666) can be added in the Epistolae database. Among the latest publications of the MGH is the Codex Udalrici, Klauss Nass (ed.) (Wiesbaden 2017; MGH, Die Briefe der deutschen Kaiserzeit, 10) with early twelfth-century letters around the investiture conflict compiled by a cleric at Bamberg.

Visible and invisible filters

When finishing this post I could look also at the remarks about medieval letters in the first edition in Dutch from 1962 of the famous Guide to the sources of medieval history (Oxford 1995), also translated and updated as Introduction aux sources de l’histoire médiévale: typologie, histoire de l’érudition médiévale, grandes collections, sciences auxiliaires, bibliographie (Turnhout 1997) by Raoul van Caenegem and François Ganshof, to mention only the latest versions. Both authors mentioned in 1962 already everything I summarized here from later introductions to a rewarding genre which you cannot approach as if you can read everything at face value.

Banner Feminae

The most paradoxical thing about the project of Joan Ferrante is her apparent neglect as a professor of medieval literature of a thing which any student would know and duly acknowledge. It is one thing to set out to correct the bias filtering medieval women out of view, another thing to tackle the apparent biases in two distinct kinds of sources, medieval letters and charters. Both genres share a mixture of objective matters and personal touches. I am convinced of the need to use gender perspectives, but perhaps I am also too much a medievalist to forget about the challenges medieval sources pose for any kind of research. What can and has been done in research about medieval women can be traced in the online bibliography at Feminae: Medieval Women and Gender Index. You should not miss the bibliographies at Queens in the Middle Ages, too. A portal such as Monastic Matrix concerning medieval women’s religious communities is a model of its kind. The presence of English translations and accompanying biographies is surely most valuable for the Epistolae project, but the mélange of letters and charters has resulted in a rather unexpected mixture. It would be wonderful to use both genres together in one database, but one has to overcome some very real problems before you are able to hear the true voices of medieval women. In my opinion this database deserves a remix, an update with the 1200 letters waiting to be entered, and some tuning of the biographies and search interface to become fully operational as a search tool which can fulfill many needs.

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!

A personal touch: Chasing autograph manuscripts of medieval lawyers

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

Cover Autographa I.2

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

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

The hands of the masters

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

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

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

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

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

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

A postscript

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

Digging up cold cases, a useful metaphor

The start of the Cold cases exhibit in Museum Flehite, AmersfoortA few weeks ago I visited an exhibition with a title which I had associated first of all with law and justice, Cold Cases Amersfoort at Museum Flehite in Amersfoort. Even its subtitle Oude skeletten, nieuwe ontdekkingen [Old skeletons, new discoveries] did not turn me away from making the short journey by train from Utrecht to the lovely small city of Amersfoort. The exhibition was certainly not exactly what I had in mind, but in fact the very difference between my expectations and the actual exhibition made me think. While walking in beautiful old Amersfoort and visiting two other historic locations it seemed these three locations each bring their own perspective. In a way this post is about some of the metaphors we often use almost without noticing them. In the light of a sunny Saturday afternoon they became visible again.

An archaeological approach
Logo Museum Flehite

Cold cases, these words worked for me like a trigger. You might associate it first with reconstructing and analyzing cases, but here archaeologists worked with some five hundred human skeletons, a reminder that however abstract analysis can become you meet here the physical remains of people who walked on the surface of the earth, just as we do now. These skeletons were found during the excavations of cemeteries on four locations, some of them attached to monasteries. Some excavations took place a few decades ago, but with new technical equipment the skeletons can now be studied in far greater depth than a generation ago. Think only about the way tiny fragments containing DNA can now be analysed in a way simply impossible twenty years ago. In this respect the title Cold cases is certainly aptly chosen.

Harm and violenceIn this exhibition you do not just have complete and incomplete skeletons. There is general information, there are showcases about individuals whose skeleton in some way can tell us vital information about their life. There is for example attention for the way you can determine gender and age, or detect traces of diseases. Some skeletons, in particular skulls, show the signs of accidents or violence, others are marked by the deadly effects of a disease. Syphilis came to Europe in the early sixteenth century, and its harmful presence is clearly visible once you know the tell-tale symptoms.

Reconstructing a girlPerhaps the most telling part of the exhibition is the room showing the reconstruction of the face of a young girl. She has received the nickname “The Girl with the Ear Clamp” because of the iron clamp used for head caps found in her grave. A lot of techniques and skills are necessary to reach the final result, a startling lifelike face. In order to bring especially young visitors closer to the work done to achieve such results part of the exhibition is a kind of study room with a laboratory. Every Wednesday an archaeologist can give you more explanations about the exhibition and the way archaeologists can now approach human remains. On other days a story-teller takes you back to late medieval Amersfoort, and on Sunday afternoons you can meet the challenge to reconstruct yourself a skeleton.

Food for thought

When I left a bit earlier than expected the exhibition at Museum Flehite I had enough time to visit two other historic locations. I went first to a museum housed in the remaining buildings of an Early Modern hospital, the Sint Pieters en Bloklandsgasthuis at the Westsingel. In fact it is the only still existing one of its kind in my country. The chapel built around 1500 and the men’s hall from 1536 have survived the centuries. On weekdays visitor can meet actors dressed as inhabitants who re-enact some inhabitants in the year 1907, just before the removal to new premises at Achter Davidshof. The choice to play out this situation with as its surroundings the situation of the nineteenth century might seem startling, but it would indeed be more difficult to stage people from the sixteenth century. The actors tell the visitors they do not yet know the new place and that they are excited and anxious about their new housing. Instead of telling in ample detail about their daily life, as indicated in an ordinance you can read in the main hall, they prefigure almost the way a historian approaches the past. You do not know what is around the corner of what someone will day or do in a few moments, unless a lifetime of patient attention, study and reflection over the years has taught you something fundamental about people living in particular times and circumstances.

My third visit on this afternoon in August was to the Mondriaanhuis, a museum documenting the life and works of the Dutch painter Piet Mondriaan (1872-1944), a pioneer of modern art, often associated with the De Stijl [The Style] group whose members favoured cubic forms and sparse use of colors. The museum is located in the very house where Mondrian was born. On the first floor there is a faithful reconstruction of his humble apartment and atelier on the attic of a Parisian house. Even the background noises and fragments of songs from the roaring twenties add to the atmosphere, as if the painter could walk in here any moment. Apart from documenting the life and works of Mondriaan this museum has also space for exhibitions that show his impact on contemporary art. To be honest, the Mondriaanhuis does have only a few works by Mondriaan himself in its holdings. I use the Dutch spelling Mondriaan on purpose!

Looking at the different approaches in these three museums is certainly interesting. At Museum Flehite there is much attention for the how of a reconstruction. At the old hospital there is a sharp contrast between the seemingly timeless space and the expectations of the last inhabitants about their new home. In the Mondriaanhuis the reconstruction of the attic in Paris evokes almost to perfection the surroundings of an artist in the world capital of art. Every approach has its values and shortcomings. I bring these museums together fully aware they cannot be compared completely at the same level, but any comparison goes faulty. We use metaphors from all kind of spheres of life together, often without noticing the funny effect of for example naval terms side by side with agricultural words.

Has archaeology any uses for legal historians? I was hoping this question would show up here sooner or later. When reviewing in my mind the three museums at Amersfoort I would say that any discipline can be important, either on its own or more as a kind of handmaiden in the role of an auxiliary science. At Bordeaux a symposium will be held on February 8-10, 2017 concerning the theme (Re)lecture archéologique de la justice en Europe médiévale et moderne, “An archaeological (re-)reading of justice in medieval and Early Modern Europe”. There will be three main sections, one focusing on justice and space, another on justice and the body, and the third on objects associated with justice. The way archaeological approaches and methods used more commonly by legal historians can interact with each other will be explicitly addressed. The deadline of the call for papers is September 15, 2016. If you think you can convince scholars to use with great benefit the ways archaeologists approach the past, or make inversely them aware of the particular and fruitful ways legal historians work, you are most welcome. Hopefully this post helps you to consider the role of archaeology for legal history, not to solve just one cold case, but to gain perspectives on cases that might be closer connected than you can see at the surface.

Cold cases. Oude skeletten, nieuwe ontdekkingenMuseum Flehite, Amersfoort – June 19 to September 25, 2016