Tag Archives: Medieval law

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 Instutionum, a shortend 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-Angeleterre 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.

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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!

On studying the Theodosian Code

Banner Cedant- Il codice Teodsoiano

It is a good tradition to start here every year with a post about Roman law. Sometimes a new resource deserves attention, but this year I want to look at a text, the Theodosian Code, because it will be at the heart of a three-week course at Pavia with the title The Theodosian Code: Complilation, Transmission, Reception. The week is hosted by the center CEDANT (Centro di studi e ricerche sui Diritti Antichi) from January 8 to 26, 2018 at the Collegio Ghislieri. The course will be led by Detlev Liebs (Universität Freiburg) and Dario Mantovani (Università degli Studi di Pavia). In particular the partial tradition of the Codex Theodosianus has been the subject of investigation. Only a part of its text has survived the centuries in its original form, and a critical tradition arrived only belatedly. The edition in 1905 by Theodor Mommsen and Paul Meyer did not solve all riddles. The participants of the course in Pavia have the chance to hear about the latest developments in scholarly research from the very scholars who delve into this work of legislation from Late Antiquity. In this post I propose to create a kind of nutshell guide to the current state of knowledge.

New knowledge about an old text

Modern research does of course not lose sight of the critical edition published by Mommsen and Meyer, Theodosiani libri XVI cum constitutionibus Sirmondianis et leges novellae ad Theodosianum pertinentes (2 vol., Berlin 1905), but we tend to look in this century first to its availability online. Only its first volume in the Internet Archive is everywhere accessible online without having to use a U.S proxy. Perhaps you want to start 2018 with finally using this and similar tools. Klaus Graf explained a few days ago again concisely how to start using a proxy for Hathi Trust. For quick reference one can turn to the digitized version with only the text at The Latin Library. We will see to which source the cross references in this online edition point. Another quick way to the text is provided by the invaluable Amanuensis app of Peter Riedlberger and Günther Rosenbaum, introduced here in 2015. You can run his program also on your computer. There is no excuse nowadays for not giving references to the main text of Roman law. Clyde Pharr’s The Theodosian Code and Novels and the Sirmondian Constitutions: A Translation with Commentary, Glossary, and Bibliography (Princeton, NJ, 1952) provides you with a helpful translation in English of this code which assembled acts of Roman legislation between 311 and 437 AD.

Paul Krüger (1840-1926) could only publish an edition of the books I-VIII (2 vol., Berlin 1923-1926). He would surely have pursued this path, but he died before he could achieve this. In an earlier post I looked at his legacy, in particular at his papers hold at the Library of Congress. Krüger had worked together with Mommsen on a complete edition of the Corpus Iuris Civilis, but Mommsen decided to finish his own edition of the Codex Theodosianus without even mentioning Krüger on the title page of the edition.

Logo Pôlib - Lille

Having access to a text is one thing, approaching it in the right way is another. Probably the best way to start is to go to the version in the Roman Law Library created by Yves Lassard and Aleksandr Koptiev at the Université Grenoble-Alpes. Here the Constitutiones Sirmondianae and other texts are clearly distinguished from the main body of the Theodosian Code. The code came into force in 438 AD. Lassard and Koptiev give in separate sections the text of the Gesta Senatus Romani de Theodosiano publicando and the Leges novellae ad Theodosianum pertinentes. They also guide you to the digital version created at Lille of the Leipzig 1736-1745 edition of the version published by Jacques Godefroy (1587-1652). They point in their digital library correctly to a digitized version in the Internet Archive of the second volume of the Mommsen-Meyer editions with the Theodosian Novellae.

As a student I was intrigued by the title of the Constitutiones Sirmondianae. Jacques Sirmond (1559-1651) was a French Jesuit who published editions of many early medieval ecclesiastical authors. His fame for later generations rests upon his editio princeps in Appendix Codicis Theodosiani novis constitutionibus cumulatior (…) (Paris: Cramoisy, 1631, online, Biblioteca Nazionale Centrale, Rome) of a number of missing constitutions in the editions that had appeared until his time. Of course the fame of this edition is a relative thing: you will see that only the German Wikipedia article for Sirmond mentions it.

Centuries of scholarship

With Godefroy and Sirmond we entered the field of legal humanism and erudite scholarship, and we have to note another thing that somehow is not always clear. The textual tradition of the sources of Roman law rests only for a small part on inscriptions and papyri from Classical Antiquity. Medieval manuscripts and Early Modern editions are very important. Earlier scholars might have seen manuscripts that no longer exist or are mutilated. Sometimes manuscripts were simply destroyed after the printer had finished an edition.

Late Antiquity is the perspective of the Projet Volterra at University College London, named in honour of Edoardo Volterra (1904-1984), with the Law and Empire AD 193-455 (“Project Volterra I”) database which helps you to search efficiently for laws concerning particular subjects or from a particular emperor. The section Early Medieval Texts is a fair attempt to create a nutshell portal for early medieval legal history, and the parallel section Resources for Roman law is perhaps even better, with for example a section for online journals and an overview of online contents of other journals. You might want to look also at the website Roman Empire of Simon Corcoran, one of the main scholars in Projet Volterra. Sadly the link to the Projet Volterra version of books 1 to 8 of the Theodosian Code does not work currently.

Banner Biblioteca Legum

It should not be a complete surprise to find ample information about both the Codex Theodosianus and the Constitutiones Sirmondianae also at the website of a project concerning early medieval law, the Bibliotheca legum: Eine Handschriftendatenbank zum weltlichen Recht in Frankreich led by Karl Ubl (Universität Köln). The project website can be consulted in German and English. In the Bibliotheca legum Ubl and his team give concise introductions to a number of early medieval laws, in particular the so-called Völkerrechte (“Law of Peoples”). The first part of the Theodosian Code (books I-V) has been transmitted to us only in the Lex Visigothorum Romana, sometimes called the Breviarium Alaricianum – hence the reference to Brev. in the version of The Latin Library – and its abbreviated versions, with pride of place for the Epitome Aegidii, first edited in 1517 by Pieter Gillis. You can read more about this Flemish scholar in a post I wrote in 2016 around him and Thomas More’s Utopia. By now it is clear that dealing with the Theodosian Code means entering a constellation of related texts. The Bibliotheca legum leads you to existing editions of texts, to a current bibliography and to the manuscripts containing a particular text. Both for the older editions and the manuscripts you can often go to a digitized version. Ubl points to seventeen manuscripts for the Theodosian Code and ten manuscripts for the Constitutiones Sirmondianae. For the Lex Visigothorum Romana and its abbreviated forms 105 manuscripts are mentioned, and you will find even articles published in 2016 and 2017.

Studying the Codex Theodosianus is an international affair. Among the studies after 2000 Ubl mentions for example John F. Matthews, Laying down the law: a study of the Theodosian Code (New Haven, CT, 2000), A.J.B. Sirks, The Theodosian Code. A Study (Studia Amstelodamensia 39; Friedrichsdorf 2007) and the late José María Coma Fort, Codex Theodosianus. Historia de un texto (Madrid 2014), a study which you can download as a PDF. There is an updated version (2017) of the very useful article by Detlev Liebs, “Codex Theodosianus”, in: Handwörterbuch zur deutschen Rechtsgeschichte 1 (2nd ed., 2008) col. 868-870) in the scholarly repository of the Universität Freiburg.

In this post I focused on the transmission and reception of the Codex Theodosianus. During the seminar at Pavia there will be attention also for the redaction of this code of law, with due attention to inscriptions and papyri, too. Boudewijn Sirks and Simon Corcoran will be among the scholars who will teach at Pavia a public of talented and hopefully most attentive students and graduate students about the latest findings and views concerning one of the great attempts in Late Antiquity to bring as much Roman laws together as humanly possible. As for myself, I learned at the very least a few things that needed to be added or corrected to the Roman law page of my legal history website Rechtshistorie. More importantly, I was most happy to see how a line of research starting with Johann Sichard, Jacques Godefroy and Jacques Sirmond through Gustav Haenel and Carlo Baudi di Vesme to Mommsen and Krüger is clearly kicking and alive in this century. Seeing the continuity, the disputes and new starts is a good thing!

New ways to medieval city registers

Screenprint Stadtbücher

How do you get the larger picture? Almost with a sigh we often long to see wide vistas, yet at the same time we want to zoom in while looking at a panorama of particular things. In this post I will look both at a repertory of particular sources, medieval and Early Modern city registers, for one country, Germany, and at an attempt to create a similar overview for medieval Europe. Last week I was alerted to the project for Germany, but this week I noticed also the project for a wider overview, and comparing the two projects is the most natural thing to do.

Efforts in Germany

The German project for Deutsche Stadtbücher has a subtitle in Latin, Index Librorum Civitatum. On closer inspection this portal can indeed be viewed in German, English and Latin. As for now the Latin is restricted to the headings of fields and filters. The project is the fruit of cooperation between the Deutsche Forschungsgemeinschaft, the history department at the Universität Halle-Wittenberg and the Cologne Center for eHumanities (CCEH). The portal offers four main entrances to search: cities, city registers, literature and archives. The word Archives stands here for holding institutions, not only archives, but also libraries. You can also use a free text field search. It is possible to search only for digitized registers, too. An extra is offered in the expert search mode, and you can also use an interactive map. This map can be used with some filters, but it seems a number of them is not yet active. However, you can go to a second interactive map, the DARIAH-Geobrowser which enables you to filter for periods and series of Stadtbücher. The loading of the results takes some time… On the main map you can select other countries as well. The database has for example currently entries for two Dutch cities, Kampen and Groningen. It is great to have bibliographies for many cities.

City registers or municipal registers is a very broad term. The strength of this project is certainly the creation of eleven categories, ten categories with in four of them attention for those registers most dear to legal historians, court registers, statutes and bylaws, council registers, and the classic registers for acts and charters (cartularies). In the eleventh category you will find everything which does not clearly fit into one of the other categories.

In such a vast project, spanning five centuries, you will find inevitably aspects which are either exhaustively or rather sparingly covered. Project leader Christoph Speer explains at his staff web page that for some Bundesländer he could build on the work of Reinhard Kluge in the former DDR for 450 cities with 70,000 registers, and he refers to a number of publications about the project and German city registers.

Getting a larger view

In 2014 I wrote here about a number of projects for the digitization of Dutch and Flemish city registers, in particular court registers and council deliberations. I discussed projects for Leuven, Liège, and ‘s-Hertogenbosch (Bois-le-Duc). I briefly mentioned some maritime registers at Amsterdam and a project for medieval charters in Tilburg. The Leuven project Itinera Nova is supported by the municipal archive and the Universität Köln. Especially when I looked at the map of the Stadtbücher project in which a center of this university is one of the main partners I wondered for a few moments why Leuven is not mentioned, but it is better to look first of all within the limits set for the Stadtbücher project.

Having within your reach a good and consistent repertory for one country is a fine thing, but often we set out to search for a digital version of one particular source, instead of going first to a relevant repertory. In this context it is perhaps a blessing in disguise that until recently I had not found many digitized medieval municipal registers. I had noticed a French project, Le Petit Thalamus de Montpellier, and a Scottish project, Law in the Aberdeen council registers, 1389-1511. In my 2015 post about portals for medieval history I mentioned briefly the section Paris médiéval at Ménestrel with much attention to legal documents. By the way, similar section at Ménestrel for Lissabon is promising, but has not yet reached this level.

However, very recently I encountered the project Registres des déliberations municipales au Moyen-Âge: La voix des assemblées [REGIDEL], a project concerning cities in Southern France led by the Telemme laboratory at Aix-en-Provence. On November 24, 2017 the symposium Enregistrer les conflits. Pratiques délibératives et scripturales des conseils urbains en temps de crise (XIIIe-XVe siècles, Europe méridionale) [To note conflicts. Practices of deliberation and scriptural practice in urban councils in times of crises, 13th-15th centuries, in Southern Europe] took place. The project blog contains articles about cities such as Turin, Toulouse, Digne and cities in the Emilia-Romagna, in particular for Bologna.

A companion to the REGIDEL project has got its own acronym, MUAR, for Medieval Urban Assembly Records, nothing less than a projected repertory for urban council records in medieval Europe. Like REGIDEL it is currently a blog at the Hypotheses platform. The website aims at becoming an archival and biographical repertory of municipal registers, with a focus on council registers, covering the period from the late twelfth to the early sixteenth century. The interface is in English, French and Italian. Currently there are sections reserved for France, Italy, the Iberian peninsula, the German empire, Britain and Ireland, the Low Countries and other countries. The striking feature here is the wish to classify cities in one region. For a moment I thought the team behind MUAR had fallen into the trap of placing cities in regions which successively were ruled by different rulers, but they mean current regions, for France even the départements.

When I checked the various headings I found partially the same cities as mentioned above for REGIDEL. For Italy you can find Perugia, San Gimignano, Bologna, Reggio Emilia and L’Aquila. Orvieto is the most recent addition, but it has not yet been included in the section for Italy. Most links in this post are internal references. So far Marseille is the only French town in MUAR. All other sections are under construction. For each town a timeline of important events is provided. I decided to check the page for Bologna, a town which figured here in a number of posts, for examples concerning Italian city statutes and municipal ordinances. In one post I portrayed Bologna also as a center of legal history when discussing two projects in Bologna for the digitization of medieval legal manuscripts. In this post I mentioned for the Archivio di Stato di Bologna the digital version of the Estimi di Bologna di 1296-97, records estimating the properties of Bolognese citizens, and the Liber Paradisus, a register about the liberation of nearly six thousand slaves at Bologna in 1257. The MUAR project does mention the critical edition of the Liber Paradisus by F.S. Gatta and G. Plessi, Liber paradisus. Con le riformagioni e gli statuti connessi (Bologna 1956), but not the digital version. The Estimi do not figure at all, nor the digitized Registro grosso (1116-1380) and the Registro nuovo. It is tempting to say the team at MUAR has not yet realized how daunting their objective is, but we can read the notice telling the team is looking for scholars willing to cooperate with them. In view of the German project it seems wise they change from a blog to an online database to enhance search possibilities.

For Italy one can benefit from the Scrineum project of the universities of Pavia and Verona, and more specifically from the Atlante della documentazione comunale italiana (secoli XII-XIV). This Atlante certainly does not cover all Italian towns, but you can find entries for cities such as Genua, Asti, Vercelli, and in particular for Florence. Scrineum provides you with background essays about notaries and libri iurium, and with essays on types of municipal legislation, with text examples from Genua and Florence. Is it safe to assume that there are various groups of historians dealing with legal documents in medieval Italian towns, and that every group has a particular focus? Instead of taking you with me through all kind of resources I had better translate words of Paolo Cammarosano: “As for municipal libri iurium for which there is now a prospect of the creation of a repertory and successively editions, the analysis to be done must reckon with great complexity, different articulations, mixing of matters and outright disorder (…)”, a quote from his article ‘I libri iurium e la memoria storica delle città comunali’, in: Le scritture del Comune. Amministrazione e memoria nelle città dei secoli XII e XIII (Turin 1998) 95-108, online at Rete Medievali Open Archive. The impression of a quick search for literature on libri iurium in the online bibliography of the Regesta Imperii is that of a wide variety of publications focusing on a fairly restricted number of Italian cities.

 In the wake of earlier projects

One of the questions to ask for both the German and the French-Italian project is the presence and use of earlier printed repertories and related projects. For the Stadtbücher the team could rely on a project for the Bundesländer in the former DDR as a substantial point of depart. On a European scale fifty years ago a team with a great role at the start for two Dutch scholars, J.F. Niermeyer and C. van de Kieft, edited the first volume of the Elenchus fontium historiae urbanae (Leiden 1967), a project for sources before 1250. The first volume deals with Germany, Belgium, the Netherlands and Scandinavian countries. The other volumes cover France and Luxemburg (vol. II.1, 1996), Great Britain and Ireland (vol. II.2, 1988), Austria (vol. III.1, 1992) and Hungary (vol. III.2, 1997). On the website of the Commission Internationale pour l’Histoire des villes (CIHV) you can find PDF’s with the preface and overview of the contents of the volumes I and II.2. The Elenchus contains selected texts for the early history of medieval towns. The CHIV also stimulated the creation of country bibliographies.

For Germany it is easy to mention recent and earlier works. Ulrich-Dieter Oppitz published the massive repertory Deutsche Rechtsbücher des Mittelalters (3 vol. in 4 parts, Cologne 1990-1992), in itself a successor to the earlier work by Carl Gustav Homeyer, Die deutsche Rechtsbücher des Mittelalters und ihre handschriften (Berlin 1856; online, Hathi Trust Digital Library; text only, German Wikisource) and his earlier Verzeichnis from 1836 (online, Bayerische Staatsbibliothek, Munich). Both works deal with legal treatises such as the Sachsenspiegel and Schwabenspiegel, but they look also at the laws of individual cities. A number of Rechtsbücher, influential municipal laws, and Schoffensprüche (decisions of aldermen) figure in the online version of the Repertorium Geschichtsquellen des deutschen Mittelalters under the heading Stadtrecht. I invite you to check also for example at Archivportal-D and the Archives Portal Europe for all kinds of city registers, for they can offer a quick way to relevant registers, too.

Many Dutch rechtsboeken have been edited by member of the Society for Old Dutch Law. Some of the nineteenth-century editions in the first series of editions will not quite stand the proof of modern textual criticism, but at least a large number of them has been digitized at Heidelberg for the Textarchiv accompanying the online version of the Deutsches Rechtswörterbuch. It would be a good thing to create an overview of these texts, the original sources and whenever possible their current digital presence.

To conclude this contribution, proposing the creation of either a national or an European overview of city registers in their various forms is one thing, creating them in a sensible and feasible way implies thorough reflection on many matters before even starting such a project. Overviews of one particular source genre can be most useful, but you cannot lift a source or a genre out of their context completely without impairing in the end historical understanding. This consideration works certainly as a factor which makes scholars rightfully hesitant to cooperate in such projects. The fact that you work with partners from other countries will surely help to widen your horizon and question your assumptions. Let´s wish all courageous scholars who nevertheless join these projects wisdom, good luck and stamina!

A postscript

My view of the German project Stadtbücher is rather positive, but it is right to add at least one comment from Klaus Graf at Archivalia who criticizes the working of the filters and the absence of information for some German regions, in particular Baden-Württemberg. In my opinion the north of Germany is covered massively, for other regions you can clearly wish for more. For Saxony you can benefit from the Gerichtsbücher database for some 22,000 registers concerning voluntary jurisdiction, for example property sales, mortgages, custody and wills.

I spotted in open access the most valuable article on Magdeburger Recht by Heiner Lück in the Handwörterbuch zur deutschen Rechtsgeschichte III (2nd ed., Berlin 2013) col. 1127-1136.

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.