Tag Archives: Medieval law

Looking at fragments

The exterior of Utrecht Univrersity Library, location Utrecht Science Park

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

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

History in fragments

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

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

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

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

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

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

Some legal fragments

Two parts of fragment Hs. fr. 6.92 reunited

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

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

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

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

Trial document in Utrecht 108 N 9

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

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

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

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

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

A story of fragments and history in fragments

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

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

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

Finding the right form for medieval formulae

Medieval sources come in a variety of genres. Among sources for medieval legal history the Early Medieval formulae are in a class of its own. The kind of Latin is not as classical as you might like it to be, and the rather old standard edition has now too many defects to be useful. Creating a new edition will be a project requiring besides excellent knowledge of medieval Latin and among much more also stamina and financial support during many years. The Universität Hamburg has got the courage to start the edition project Formulae – Litterae – Chartae led by Philippe Depreux in cooperation with the Monumenta Germaniae Historica, Munich. The project is scheduled to run from 2017 to 2031, and thus I look here at it in a relatively early phase.

Legal actions, letters and charters

The title of the project might be the first surprise. Why include also letters and charters when formulae are the core? In the edition of Karl Zeumer, Formulae Merowingici et Karolini aevi. Accedunt ordines iudiciorum Dei (Hannover, 1882-1886; online, Munich) the formulae have been edited not in the sequence of the manuscripts he used, but in his own order, interspersed with other materials. This way of proceeding is rather remarkable in view of German philological practice in the late nineteenth century, and certainly it stands out among the editions published under the aegis of the MGH.

Formulae were not just formalized legal actions. The project team explains that Early Medieval formulae were a kind of model letters to be used, each with a distinct purpose. The formulae were to be followed as strictly as the formulae of the oldest Romans before standard actions came into existence. They could als serve as models of letters and charters from which you could benefit with some freedom. In my view the mixture of letters and charters is somewhat akin to the mix of both letters and charters in the project Epistolae: Medieval Women’s Latin Letters discussed here some years ago. Both projects face the challenge of dealing with two different genres, not just in view of their content, but also for editorial policies.

Apart from an introduction to the formulae the project team offers also introductions to letters and charters. Their character as a means not just or private communication, but as elements of public communication is stressed. The transmission off formulae in collections was not straightforward in clear sections with a discernable order. Karl Zeumer and Eugène de Rozière, an earlier editor of formulae in the nineteenth century, were indeed faced with a genre which called for deep reflection and great skills. Zeumer’s edition can be found in a searchable version also at the digital platform dMGH of the Monumenta Germaniae Historica. De Rozière (1820-1896) was very young when he published his first edition of formulae, the Formulae Andegavenses publiées d’après le manuscrit de Weingarten actuellement à Fulde (Paris 1844; online, Google (copy Koninklijke Bibliotheek, The Hague)). He was in 1855 one of the founders of the Revue historique de droit français et étranger. In 1869 he published an edition of the Liber Diurnus with formulae used in the papal chancery from the fifth to the eleventh century.

Work in progress

The ediiton interface, here with the Formulae Andecavenses

The edition interface, here the preliminary edition of the Formulae Andecavenses

Now you might already sigh that even fifteen years is too short to tackle this complex of three resource genres, but here comes a second surprise: The team at Hamburg gives you online access in their Werkstatt to a reading interface and an editorial interface for the collections. The interface can be viewed in German, English and French. The online laboratory brings you to the beta version for the formulae Andecavenses (from Angers), to an edition for one manuscript (Fulda, Hessische Landesbibliothek, D1), to charters and letters, and also to a bibliography and a list of manuscripts and charters. Amazingly, at least one manuscript is still held in the library of a functioning Benedictine abbey, at Egmond-Binnen in the Dutch province North Holland near Alkmaar. At Leiden are five manuscripts, but most manuscripts can be found in Munich, Paris, Vienna and Vatican City. One of the reasons for writing about formulae is my memory of a workshop about this genre held at Leiden with some of the manuscripts in front of the participants. The list of manuscripts ends with the editions created for formulae from the seventeenth century until the twentieth century, with names as Étienne Baluze and Jean Mabillon among the editors.

Interface with ms Fulda, Hessische Landesbibliothek, D 1 (detail)

Interface with the manuscript Fulda, Hessische Landesbibliothek, D 1, f. 136r (detail)

In the section for charters and letters you can read older editions of these sources. When you look at the manuscript Fulda, Hessische Landesbibliothek, D 1, again the Formulae Andecavenses come into view. Currently the list of manuscripts show only the locations, signatures and editiorial sigla. It would be wonderful to have here also descriptions of these manuscripts and links to digitized versions, qualities giving strength to the projects Bibliotheca Legum: eine Handschriftendatenbank zum weltlichen Recht im Frankenreich and Capitularia: Edition der fränkischen Herrschererlasse, both led by Karl Ubl at the Universität Köln. Information about the manuscript at Fulda is indeed present in the Bibliotheca legum. No doubt relevant manuscripts will eventually become accessible at the editorial interface in Hamburg.

Logo Geschichtsquellen des deutschen Mittelalters

At least two databases elsewhere help you to look at the various collections with formulae. The repertory Geschichtsquellen des deutschen Mittelalters (Bayerische Akademie der Wissenschaften) contains information about the transmission and relevant literature for many relevant collections with formulae. The Heidelberger Hypertextserver has a section on Formelbucher which touches also later periods. Among the Early Medieval formulae in particular the Formulae Marculfi receive attention in Heidelberg.

Surely the project at Hamburg will benefit enormously from the way you can nowadays have digitized versions of manuscripts in front of you on your computer screen, but creating new editions for this century will have to take into account much more than in the old editions the interplay with letters and surviving charters which are now, too, much more easily within our reach thanks to modern editions and digital versions. The differences in transmission of the texts, too, are much more visible. Once upon a time it was seducing to create an edition with the supposed Urtext, but seeing every manuscript, letter or charter as a witness with its own qualities and defects will do more justice to the life and afterlife of these intriguing texts. Some of the manuscripts are quite small. You might want to look at the place of formulae between other texts in a manuscript, too. The project website in Hamburg has a section Fokus der Forschung with recent contributions about many aspects of the Early Medieval formulae. Hopefully the new edition will help to bring the formulae again into view for scholars wanting to investigate in particular the way Late Antiquity evolved into the medieval period. Legal history, the uses of literacy and the interaction between various genres are just a few of the subjects to be enriched from careful and inventive studies of formulae.

What’s in a word? Two ways of legal inquiry in the medieval common law

Startscreen Mapping the Medieval Countryside

Sometimes the name of a website can be deceptive. When I encountered the website Inquisitions post mortem with the subtitle Mapping the Medieval Countryside. Properties, Places & People my first thought went to the coroners’ inquests into the causes of unnatural deaths, a very rich resource telling us much about society in late medieval England. However, soon it becomes clear inquisitions post mortem (IPM) are something else, inquiries into the property of deceased tenants of the crown. In this post I will look both at these inquiries and at the medieval coroner and the sources documenting his inquests, and I will look at some other project websites as well.

What’s in a name?

My interest in the medieval coroner stems from the research for my master thesis in medieval history focusing on late medieval Utrecht. I used a rich resource in the holdings of Het Utrechts Archief, the registers for the Vechtkeuren (finding aid 701, Stadsbestuur van Utrecht, 1122-1577, inv.no. 234) from 1477 to 1528, now all digitized, with sometimes quite long and detailed descriptions about incidents concerning wrongdoing, verbal abuse and fighting. Even digitized transcriptions of these records are now available (finding aid 1128, Verzameling fotokopieën en transcripties, inv.nos 3055-3060). They can offer you invaluable glimpses of much else around incidents. Likewise the inquests of the English coroners can show you in the description of accidents much about late medieval society, as in the study by Barbara Hanawalt, The ties that bound. Peasant families in medieval England (Oxford, etc., 1986) where coroners’ inquests are the only archival resource she used. She used inquests from London as one source among other records in her study Growing up in medieval London. The experience of childhood in history (Oxford, etc., 1993).

Doing English history can mean dealing with a wide variety of rolls, now kept at The National Archives (TNA). The general description at the website of the TNA of the coroners’ rolls and files for the JUST 2 record series reminds you the medieval coroner dealt also with matters such as deaths in prison, outlawries and felon’s confessions. One of his duties was to ascertain whether any object was involved in the death under scrutiny, because such objects were due to the crown as deodands. This record series contains 286 rolls for the period 1228-1426. Later rolls figure in other record series. You should note the use of both Latin and French. The earliest surviving rolls have been edited by Roy Frank Hunnisett, Bedfordshire coroners’ rolls (Streatley, Bedf., 1961) and used in his study The medieval coroner (Cambridge 1961). On my web page on the history of the common law you can find other editions by Hunnisett and also older calendars and editions of coroners’ rolls, a number of them available online. The TNA has a helpful concise guide How to search for coroners’ inquests indicating also other records series with inquests.

Logo Anglo-American Tradition

The coroners’ rolls are not available in digital form at the TNA’s website, but you can use photographs online at the portal Anglo-American Legal Tradition hosted by the O’Quinn Law Library of the University of Houston. On its startpage you will find at first a division of materials in several periods of English legal history. The AALT wiki helps you to navigate the digital materials, and it brings you for instance to lists of Anglo-Norman words in the digitized records. Citation Finder 1 helps you to find quickly the right items in eight record series organized by calendar years. A second Citation Finder gives for four record series, among them JUST 2, links to digitized single records. Due to their form you will find for each roll two image series, one for the recto side, the other for the verso (back). It is wise to consult the AALT’s PDF on navigation.

TNA, JUST 2/1, start verso side

The start of the verso side of the very first surviving coroners’roll – The National Archives, JUST 2/1, verso

It takes time to get adjusted to viewing the originals of these rolls, but adjusting to the handwriting might be another matter, as does for me refreshing my memory for the exact years of the reigns of English kings used by the TNA to indicate the time range of each roll. The AALT provides you on its index page with tutorials in English, German and French, three paleography exercises with Latin texts and three with English texts.

Among recent projects using coroners’ inquests is Everyday life and fatal hazard in sixteenth-cnetury England (University of Oxford). In particular the idea to present here every month a telling case helps to gain insight into cases of misadventure. The bibliography at this website is most useful. In 2014 two studies on medieval coroners appeared, by Rab Houston, The coroners of Northern Britain, c. 1300-1700 (London-New York 2014), and Sara M. Butler, Forensic medicine and death investigation in medieval England (London-New York 2014).

A different inquiry

The website Mapping the Medieval Countryside. Properties, Peoples and Places offers a compact startscreen with both search and browse functionality, a concise introduction, a news section and a blog section. Alas there is no additional information about the remarkable Boarstal Map from 1444, but it illustrates certainly the theme of places and properties. Mapping the Medieval Countryside is a project of the University of Winchester and King’s College London.

On the project website you can find not only a general introduction to the inquisitions post-mortem, but also a most useful series of articles headed Backgrounds on various aspects of the IPM. This type of inquest happened either with a special writ, or with the standard writ diem clausit extremum devised for inquisitions upon someone’s death. The escheator was the officer acting at a IPM, instructed by this standard writ or another. The written report of an IPM contained a number of standard elements, most often presented in a fixed order. With the inclusion of the time and place where the inquest was held, the names of jurors, the name of the escheator, information about the extent, value and location of lands, the date of death of the deceased, the name and age of the heir, and when necessary information about other royal rights involved, an IPM is a most valuable record. However, an escheator did not always note everything. Sometimes he was decidedly partial or he deliberatedly hid or altered information. On the website the place of the IPM within the process of inheriting is described, a fairly lengthy and complicated affair. A more detailed introduction to IPMs by Christine Carpenter merits your close attention. Her footnotes mention the main relevant scholarly publications.

Apart from the record of an IPM made for the Chancery a copy was also made for the ExchequerMapping the Medieval Countryside provides you with background information about both series of records, pointing also to the enduring importance of the early nineteenth-century Calendarium inquisitionum post mortem sive escaetarum (4 vol., [London], 1806-1828) for tracing IPMs. In some cases the document in the Exchequer series is the draft of the IPM. You will need to work with the tables of references as a concordance between old locations and modern designations. Some documents are missing, others may well be held as a part of other record series in the TNA or are kept elsewhere.

You might want to consult also the concise guide about IPMs on the TNA’s website. It mentions for example the existence of separate series of IPMs for a number of counties. This guide mentions also an article and two books for further guidance. The Wikipedia article on the IPM shows a global concordance between the reigns, calendars and relevant record series (C 132 to C 142 and E 149-150) without any indication of gaps and other record series. However, it does show clearly the uncalendared periods 1447-1485 and 1509-1660. The IPMs were held in Early Modern England as well. The Wikipedia entry scores with a nice number of references to historical literature about the IPM.

The article on IPM’s and historical research concisely shows the wide variety of subjects for which the IPMs contain information, for example family and inheritance, landholding and land use, demography and jurisdiction. In view of this rich material it is good to have here also a glossary of recurrent terms in these records. It reminded me of the glossary at the website of the project Civil Law, Common Law, Customary Law (University of St. Andrews).

Mapping the Medieval Countryside focuses on medieval inquisitions post mortem (IPM), held between the mid-thirteenth century and the early sixteenth century, and within these centuries on the period 1399 to 1447. In the IPM the holdings of deceased tenants to the crown were registered. The two different periods mentioned at the start page make you curious about this difference. Here the history of research into IPM’s plays a large role. Printed calendars exist for the periods 1236-1447 and 1485-1509. A page about these calendars explains the development of the editorial policies between 1888 and 2010. The earlier calendars focused on the inheritance. The extent of lands and valuations were omitted, as were the names of jurors and the escheator. Many elements in an IPM document are repetitive, and thus it is alluring to summarize the contents in view of the enormous mass of archival records to be processed. For Mapping the Medieval Countryside it was logical to start with the latest published calendars for the period 1422-1447, and to add in a second phase an enhanced version of the calendars dealing with the period 1399-1422. The modern calendars note for each IPM both the record in the Chancery series and the copy in the Exchequer series.

At the portal British History Online you can find digital versions for almost every relevant calendar of inquisitions post-mortem. Two calendars for IPMs concerning London, too, have been digitized. Mapping the Medieval Countryside offers more search facilities, and it has the great asset of some 48,000 names of jurors entered for the period 1399-1422.

An IPM - source: Mapping the Medieval Countryside

Mapping the Medieval Countryside provides us on the page about the documents with some images of IPMs, however, without any reference. I show the largest image here above. It proves to be quite a task to find some images elsewhere. In the virtual exhibition Shakespeare Documented of the Folger Shakespeare Library you can look at an IPM from 1599 mentioning the Globe theatre [TNA, C 142/257/68]. The Bodleian Libraries show in their digital collections the IPM concerning John Paston, dated around 1466 [MS Don c. 93]. I had almost overlooked the exercise with an IPM from 1489 [C 142/23/116] in the TNA’s Latin paleography tutorial. Surely a tour of digital collections of county record offices will bring you more results.

It is perhaps good to mention here explicitly we can use images for a number of record series at the portal Anglo-American Legal Tradition thanks to great efforts of volunteers who did their best to create a clear presentation of digital images. When you realize how much work goes into this website, you will not start complaining about the absence of images of IPMs at the AALT website, nor feeling miserable about missing some other record series. At British History Online you can find many digitized guides and calendars, but not calendars with coroners’ inquests, with as the main exception four volumes with Middlesex County Records. The English Medieval Legal Documents guide of the Gould School of Law, University of Southern California, helps you to find the titles of relevant works and bibliographies.

Visiting medieval London

Logo Medieval Londoners

With Shakespeare you think also of London, and because I mentioned London already here for the coroners it is only fitting to end in this town. A few days ago Fordham University launched the portal Medieval Londoners with a database to search for late medieval Londoners. This portal has also a very detailed resources section. In the subsection for written sources you can find a substantial commented list of legal records. On the page for resources concerning property the IPMs are mentioned. The virtual exhibition Medieval London created by students of Fordham Unirersity in 2015, 2017 and 2019 with exhibits about medieval objects and locations in London can be found at the portal under Pedagogy. Among the links at Medieval Londoners you can find the London Medieval Murder Map (Manuel Eisner, Violence Research Centre, Cambridge University) based on coroners’ rolls for nine years in the first half of the fourteenth century. The map brings you to some 140 murder cases.

Maybe you want to immerse yourself into the history of medieval London and Londoners with a recent book. The volume of essays Medieval Londoners, Elizabeth New and Christian Steer (eds.) (London 2019; hardcover, ePub and PDF) can form your starting point. If I had not already started writing about the medieval coroner and the inquisitions post mortem I could well have decided to devote a post to this very interesting portal concerning medieval London. Combining both resources for your research is certainly challenging, but at least I could tell you here something about a number of medieval legal records wtth very particular qualities.

A postscript

At the website Medieval Genealogy you can benefit from abstracts of coroners’ inquests in Northampshire created by Stephen Swailes and an overview of digitized editions, calendars and abstracts of inquisitions post mortem.

Charters, cartularies and rolls

Startscreen ANR Rotulus

However fragmentary the transmission of medieval sources may be, the sheer number of charters and cartularies is still impressive. Some cartularies saving the text of charters were not made in the usual codex form of manuscripts, but as rolls. This phenomenon is the subject of the French research project ANR Rotulus at the Université de Lorraine and the accompanying blog, also called Rotulus. Looking at material evidence can help you to avoid looking at sources only as texts. In this post I will look at this project, and no doubt there are also examples of such roll cartularies or cartulary rolls outside France. One of the reasons to look at this subject now is an upcoming scholarly event in April.

A different form

The project ANR Rotulus that will run from 2019 to 2021 is an initiative of the Centre de Recherche Universitaire Lorrain d’Histoire (CRULH), based in Nancy and Metz. The project was prompted by the presence of some sixty cartularies in roll format (“cartulaires-rouleaux”) in the French database for cartularies CartulR – Répertoire des cartulaires médievaux et modernes at the Telma platform of the Institut de Recherche d’Histoire des Textes (Paris and Orleans). It was possible to add another sixty cartulary rolls to those already identified. The team of ANR Rotulus has created a very well organized bibliography on the use of rolls in medieval society. Eight years ago I wrote a post about the best known medieval use of rolls, for accounting purposes. In a post about heraldry and legal history I mentioned a number of heraldic rolls.

Logo Rotulus blog

At the Rotulus blog you can find announcement of scholarly events concerning medieval rolls. On April 3 and 4, 2020 a workshop will be held at Yale University on the theme “L’édition numérique et les manuscrits en rouleaux médiévaux” [The digital edition and manuscripts in roll form]. The workshop will deal with subjects such as the palaeography and cataloging of medieval rolls, and with the transcriptions of manuscripts and critical editions. There will be an introduction into best practices in digital editing, and the use of XML and TEI will come into view. The workshop will be hosted by the group of scholars united around the Beinecke Rare Book and Manuscript Library in the project Digital Rolls and Fragments. At the heart of this workshop will be a devotional roll written in Latin and Middle English, dated between circa 1435 and 1450 (Takamiya MS 56, digital version). Of course you can find more (digitized) rolls and scrolls at the Beinecke. You will forgive me mentioning here English Paleography and Manuscript Culture, 1500–1800 by Kathryn James, curator of Early Modern books and Manuscripts at the Beinecke Library, just published by Yale University Press. The website of ANR Rotulus mentions a meeting later this year on the theme Fonctions des cartulaires-rouleaux : approches sociales et contextuelles d’un genre documentaire [Functions of cartulary rolls: social and contextual approaches to a documentary genre], to be held at Metz on November 5-6, 2020.

A recent contribution at the Rotulus blog focuses on a cartulaire-rouleau held at the Bibliothèque Municipale of Angers from the abbey of Notre-Dame du Ronceray. This twelfth-century cartulary consists of six rolls, each of them measuring nearly six meters by 29 centimeters and containing six to eight parchment sheets (MS 844, 845, 846, 847, 848 and 848b). The library at Angers posted a somewhat longer and illustrated version of this post on its own blog. This roll cartulary is duly mentioned in the CartulR database (no. 1383), the material units have each its own description on the level called Exemplaire-tradition where it becomes clear it has the form of a roll (rouleau). The database CartulR has a useful glossary showing among other things the variety of cartularies.

On November 14 and 15, 2019 a conference was held at Angers about the diversity of cartulary rollis. Both the material side of these documents as also their place within diplomatics, the historical auxiliary science for studying charters and related resources, came into view. Among the subjects to discuss was the need for creating a special database with a repertory of cartulary rolls. The second day of this event, held at the Archives départementales de Maine-et-Loire in Angers, ended with a presentation of some roll cartularies in the holdings of this regional archive.

The team of ANR Rotulus very sensibly looks at all forms of medieval rolls in order to understand their uses and development. Why did cartulary rolls come into existence? What role could they have? Who did benefit from this particular form? Is it an exclusively ecclesiastical or monastic format? Half of the cartulary rolls repertoried untll now stems from priories. Rolls from Cistercian monks and from nuns form a distinct minority. Approaches to uses of literacy and gender history, too, will have to be invoked to interpret and understand such facts. Of course I checked CartulR for the presence of cartulary rolls. One example among the 65 results is currently held outside France. The Rijksarchief in Bruges has a roll cartulary for the collegiate chapter of Saint Sauveur in Harelbeke (CartulR, no. 5213). The team of ANR Rotulus has not yet added to CartulR the sixty cartulary rolls which they spotted.

Beyond France

Startscreen Materiale Textkulturen

It is only logical to look beyond France for the existence and role of cartulary rolls. CartulR does contain information about some Spanish and Italian cartuiaries, but for these countries no cartulary rolls are mentioned. Recently Stefan G. HolzJörg Peltzer and Maree Shirota edited the volume The Roll in England and France in the late Middle Ages (2019; available in open access), a publication included in the bibliography of ANR Rotulus. This volume is part of a book series published for the Sonderforschungsbereich at the university of Heidelberg concerning Materiale Textkulturen. At the blog of this project you can read a post about this volume (Materiale Textkulturen, Band 28) which is a product of the subproject Rollen im Dienst des Königs [Rolls in the king’s service].

Among cartulary rolls outside France those of Margam Abbey held at the National Library of Wales are easily spotted. The Discovery portal of the National Archives in Kew brings you quickly to at least seven examples in various English archives, but not at the National Archives themselves. I was a bit troubled by the fact the Gaunt Roll held at the East Sussex Record Office (GLY 1139) did not show up at first at Discovery in a simple search for cartulary roll. In the Répertoire des cartulaires d’institutions religieuses médiévales sises dans l’espace wallon actuel (Pratiques médiévales de l’écrit, Université de Namur) you can find in its 2017 overview three examples kept in Tournai. It is tempting to add more examples to this post, but I am confident the interest of some of my readers will be kindled enough to find out more about this remarkable resource type.

An addition

At Archivalia Klaus Graf noted I could have mentioned examples of cartulary rolls from Germany. You could indeed start searching at Archivportal-D with terms such as KopialbuchKopiar and Rotul or Rotulus. Searching with the terms Urkunden and Rotul* brings substantial results.

The situation around COVID-19 led to the posponement of the meeting in November 2020. The new date and program is announced by ANR Rotulus in Metz, March 25-26, 2021: Fonctions des cartulaires-rouleaux : approches sociales et contextuelles d’un genre documentaire.

You might want to look at rolls and other forms of reading in roll form in other periods and settings. The online book of Jack Hacknell, Continuous Page: Scrolls and Scrolling from Papyrus to Hypertext (The Courtauld Institute of Art, 2020) contains twelve chapters on very different subjects connected with continuous reading.

The Italian thing: A look at a new palaeography tutorial

Startscreen "Italian Palaeography

How can you embark on studying original manuscripts and archival records or the digital versions of these documents? The number of online tutorials for Italian palaeography is distinctly low in view of the sheer number of digitized resources concerning Italy’s medieval and Early Modern history. The new online tutorial Italian Paleography created by the Newberry Library in Chicago and the University of Toronto Libraries is most welcome. What are its qualities? How does it stand the comparison with the earlier project of both partners for French Renaissance Paleography? Of course I will also look at the presence of elements directly touching upon legal history.

At the outset

Logo of The Newberry Library, Chicago

The activity of The Newberry Library in the field of medieval manuscripts and archival records is not a new phenomenon. A number of its departments and centers deal with resources from Europe. There is a concise page about palaeography. The Newberry Library can be proud of its fleet of introductory guides, too. The Digital Newberry brings you to numerous collections and virtual exhibits. The Newberry has created five crowdsourcing and transcribing projects. In their fine Introduction to manuscript studies (Ithaca, NY, 2007) Raymond Clemens and Timothy Graham liberally used manuscripts and other documents from the Middle Ages and Renaissance held at The Newberry.

Logo Medici Archive Project

The University of Toronto Libraries can point among their digital collections to no lesser project than the Medici Archive Project. The Thomas Fisher Rare Book Library has digitized a fair number of its manuscripts, to mention just one example, and it has placed a number of its digitized collections in the Internet Archive. The presence in Toronto of the Pontifical Institute of Mediaeval Studies is a gem for medievalists. I explored a number of scholarly institutions in a post about the international congress of medieval canon law held at Toronto in 2012.

The number of digital collections with archival records from Italy is every bit as high as you might suppose. I counted some thirty projects for Italy on my web page about digital archives. If you want to get an indication of the number of digitized manuscripts in Italy DMMap quickly shows you some thirty collections, excluding those digitized at the Vatican Library with currently well over 18,000 manuscripts. These high figures should make scholars in and outside the Italian peninsula happy, provided you are able to decipher these documents and manuscripts. In earlier posts here I looked for example at the Progetto Irnerio for medieval legal manuscripts in Bologna and at the book series edited by Giovanna Murano about autograph manuscripts of Italian authors. You can use the tag Italy of my blog to find more relevant posts.

One of the reasons there are only few online manuals for Italian palaeography is the presence at several Archivi di Stato and also at the Vatican of a scuola di archivistica, paleografia e diplomatica. Universities do offer courses in palaeography, too. I have found only three free accessible online resouurces for Italian palaeography, the Materiali didattici per la paleografia Latina created by Antonio Cartelli and Marco Palma (Università degli Studi di Cassino) who deal mainly with medieval manuscripts, and the Lezioni di paleografia of Renata di Simone (Archivio di Stato di Palermo) with an introduction to medieval paleography and book history (PDF), both of them in Italian. There is a tutorial in English for Early Modern and nineteenth-century Italian documents at BYU Script Tutorial. By mistake Spanish is used in the Italian version of this tutorial on the platform created by the Brigham Young University. The thirst for people in the Anglo-American hemisphere to be able to use an introduction in English is understandable. This is a real need, and the new tutorial does tackle this challenge.

The Italian thing

Much what can be said about the website for French Renaissance Paleography applies also to the new tutorial Italian Paleography which was launched on July 25, 2019. The section with manuscripts leads you to a hundred examples of handwritten books (80 items) and documents (20 items). You can filter them by genre, period, script type, reading difficulty, region and holding institution. This choice of examples seems to have been in favor of manuscripts. For the regions the general localisation “Italy” seems a bit vague. For all other aspects the choice seems quite balanced. 31 items touch the field of politics and government, twelve have been labelled “Law”.

Among the items at Italian Paleography concerning law is a register of criminals executed in Venice, written around 1775 (The Newberry, VAULT Case Ms 6A 34). Its resource type has been indicated as manuscript book, but surely this is not a manuscript in the codicological sense, but an archival document in book form, with bound leaves. The tutorial show only four of the 59 pages. With respect to the type of resource the descriptions have been made in accordance with the Library of Congress’ Thesaurus for Graphic Materials.

Supplication, 1469 - The Newberry, Wing MS folio ZW 1 .469 recto

Supplication, Milan 1469 – The Newberry, Wing MS folio ZW 1.469 recto (detail)

A document from 1469 is perhaps a better example to show here, a supplication to the lord of Milan to reverse a condemnation.

The address of the supplication, 1469 - image: The Newberry

The address of the supplication, 1469 – The Newberry, Wing MS folio ZW 1 .469 (detail of verso)

This document is of course shown in its entirety. The supplication has been written in a very fluent hand, but the address on the back and the note below it show a less polished handwriting. In fact the main text of the document was written by a writing master. For each item of the tutorial a link is provided to the catalog description, a transcription and a background essay. This is really helpful, and anyone learning to read these documents should learn also not to turn to the transcriptions too soon. I will come back to the detailed description of the script(s) in documents given in each background essay.

The second section of the website is a concise handbook on the development of scripts used in Italy and the rise of the vernacular language. Two much older items have been included among the examples to show the most important points of departure. At the core of this website is not just the study of books and documents from Italy, but also very much the study of books and documents written in the Italian language. The description of the writing hands for the examples is given in Italian. For each phase and script type the relevant examples are listed.

The next section, the appendix, offers you access to a number of digitized calligraphy manuals and historic maps. The resources section leaves little to desire. There is not only a handy overview of the transcriptions and background essays, but also a glossary of palaeographic terms, an overview of relevant dictionaries, a bibliographical section and a section on transcription standards and metadata standards. The sections on abbreviations and symbols, teaching materials and the history of the project do not yet contain information.

I have saved perhaps the best thing for the end. At the start page of Italian Paleography you will find a number of short introductions to palaeography as a subject, its history, some tips and tricks, and also two videos in the right hand menu. In particular the page New to palaeography helps you for quick orientation into Gothic, mercantesca, cancelleresca, humanistic and italic (cursive) script. After creating an account for this website you can make transcriptions at this website using T-PEN (Transcription for Palaeographical and Editorial Notation). Thus this online tutorial offers you also a way to familiarize yourself with this important integrated tool.

Some differences

Banner French Renaissance Paleography

When you compare Italian Paleography with its older sister French Renaissance Paleography it is understandable some sections have simply not yet been filled. The website for France has a very similar structure. A clear visual difference are the interactive map and the clickable tags for topics and time periods. Reference materials can be found under a separate heading, not as a part of the resources section. The main parts of the website are listed on the start page. The section “About French documents” is empty. The presence of its logo on the start page declares more openly the use of T-PEN. There is a page Get started which in my view helps you initially as good as the videos of Italian Paleography. These differences amount mainly to a judicious remix of elements.

Logo UTL

Both websites are hosted by the University of Toronto Libraries. Their logo deserves a place next to that of The Newberry at the top of both online tutorials. At the bottom other institutions are mentioned as well. A number of libraries and institutions in the United States have graciously provided materials for this website. It is fair to conclude after this quick tour that both tutorials fulfill their purpose eminently. The combination of attention to documents with the Italian vernacular and the use of Italian for a very particular part of the descriptions rightly stress also the need to master the Italian language to some degree if you want to study sources in Italian. This linguistic demand combines with the need to be able to read the various kinds of scripts, some of them really challenging, and makes it clear doing history is not just a matter of reading texts translated into your own language and reasoning about them. Thus material and very physical aspects can help teaching you to look beyond the content of a document to its context. You simply need training for a number of essential activities in doing historical research.

The Italian tutorial shows an agreement from 1466 with an artist about the decoration of a chapel in the Sant’Antonio basilica in Padua. Art historians might be tempted to contemplate the very interesting sketch of the decoration plan in this document, and to forget the legally binding agreement. Legal historians should be seduced to look not only at the agreement itself, but also at the matter at stake and the possibility of putting artistic purposes and procedures into a clear legal framework. It is my sincere wish to the team for Italian Paleography that many students and scholars may benefit from their work. Just like its counterpart for French palaeography the training it offers can greatly assist your research in Italian manuscripts and archival documents. It will save you time and the efforts to learn things only when you arrive in Italy or have found the digitized items you are looking for at your computer screen.

An update

In view of the small number of online tutorials for Italian palaeography it is sensible to mention here the Materiale didattico: Paleografia e diplomatica created by Bianca Fadda, Università di Cagliari, who presents images of several medieval scripts and documents.

Seals as signs and objects of medieval legal history

Earlier this year I looked here at the portal Medieval Digital Resources, and even though I did not mention them, I looked there for the presence of particular telling objects. When I discussed here in January a new project concerning charters in Dutch archives one of the questions about this database is the visibility of and attention to seals. Lately I noticed there is a substantial number of recent projects around medieval seals. Two recent publications help to view seals in a larger setting than your might suppose at first sight. Seals represent also legal power, and the images on seals should have a niche in the field of legal iconography.

Seals make connections

Seal of the Roman King William, 1252 - Utrecht, HUA, Stadsbestuur 1122-1577, no. 47

Seal of the Roman king William at a charter for the city Utrecht, 1252 June 18 (OSU III, no. 1261; OHZ II, no. 931; MGH Dipl., Heinrich von Raspe und Wilhelm von Holland, no. 281) – Utrecht, Het Utrechts Archief, collection 701, Stadsbestuur van Utrecht 1122-1577, inv.no. 47

Searching for a fitting image for this post I decided to put here an image of a seal fixed to a charter held at Utrecht by Het Utrechts Archief. The seal shown shows the figure of count William II of Holland, the only Dutch Roman king (1248-1256). A quick search in the Digitale Charterbank Nederland brings you at first to some twenty charters issued by William, only nine of them with images. In a few cases his seal has been disfigured by the way it was fixed to the charter. William’s charters figure in the oorkondenboeken for the diocese Utrecht and the county Holland, the critical editions of charters for these regions, and they have been edited by Dieter Hägermann, Jaap Kruisheer and Alfred Gawlik, Die Urkunden Heinrich Raspes und Wilhelm von Holland 1246-1256 (MGH Diplomata, Die Urkunden der deutsche Könige und Kaiser, 18; 2 vol., Hannover 1989-2006).

Let’s turn to the two new books. The book edited by Laura Whatley, A companion to seals in the Middle Ages (Leiden 2019) is actually a volume of essays on several themes around and with seals. Its price can seem formidable. In the same series Reading Medieval Sources appeared in 2019 a volume on Money and coinage in the Middle Ages, Rory Naismith (ed.) (Leiden: Brill, 2019) which can be viewed online in open access.

The second book to mention here is the volume Seals – Making and Marking Connections across the Medieval World, Brigitte Bedos-Rezak, (Leeds: ARC Humanities Press, 2019), available in hardprint and as an e-book. This book, too, comes at a very substantial prize. However, you can download the introduction.

Logo Sigillvm network

Instead of speculating about the policies behind the prizes of these works it is perhaps wiser to start with a tour of websites devoted to medieval seals. The presence of the international network SIGILLVM is a natural point of departure. This website provides basic information about research before and after 1800. In fact there is a concise PDF by Brigitte Bedos-Rezak on research perspectives. There is a section about collections of seals in archives and museums and also a section for seals created by individual persons.

The Sigillvm network does not provide a section with web links. The number of blogs about seals is a surprise. I might as well start with projects and websites in France. At the ARCHIM portal, the showcase of the French national archives, is a section with seals from Burgundy. The Bibliothèque nationale de France has created the blog Trésors de cire [Treasures in wax] where you can find among others things bibliographies about the conservation and restauration of medieval seals. In the Sigilla database you can find digital images of seals in French collections. The database can be searched for themes such as seals of for example Cistercians, the corporations of Bruges and the bishops of Paris, and for major collections, including those with seal impressions and casts of seals. SigiAl is a blog dealing with seals in the Alsace and Upper Rhine regions, territories with a place both in French and German history.

In Germany you might start with having a look at the Siegelblog with the subtitel Sphragistik als historische Hilfswissenschaft, sigilography as a historica auxiliairy science. The blog Verkörperung kommunaler Identität [Embodiment of communal identity] brings you clearly into the fields of legal history. Seals held at the Stadtarchiv Speyer are the focal point, and in particular the impressions made by fingers on the back of seals. Some seals have another seal on the back, but the beautiful seal of the city Speyer showing the mighty cathedral show also fingerprints. We will follow this track later on. Christian Lohmer has created a digital collection of casts held at the Monumenta Germaniae Historica in Munich, mainly for seals of German kings, emperors and princes. The digital collection links as far as possible for each seal to the work of Otto Posse, Die Siegel der Deutschen Kaiser und Könige (5 vol., Dresden 1909-1913), digitized at Göttingen. The Historische Kommission für Niedersachsen und Bremen has created a database for the Welfensiegel, the seals of the House of Welf, one of the oldest still existing aristocratic families in Europe. The database contains currently some 1,450 seals.

From Austria comes the project Siegel der Bischöfe der Salzburger Metropole [Seals of the bishops under the metropolitan see of Salzburg], a title meaning seals of the bishops within the archdiocese Salzburg and the archbishop himself, too. Thus you will find seals from the dioceses Gurk, Chiemsee, Seckau, Lavant, Innsbruck and Feldkirch, all in all some 750 seals.

Among the projects from the United Kingdom the Imprint Project clearly beckons for attention. This project aims at studying the fingerprints in multiple perspectives. They show not only the process of sealing charters, but also the ritual side of signing. The history of using fingerprints for identification and the development of methods for data capture are addressed by the project team. You can follow its activity also on the aptly named blog First Impressions. Durham University has created both a virtual exhibition about seals of Durham Cathedral and a catalogue for medieval seals with digitized images. While writing this post I looked in disbelief at an empty collection guide to seals at the website of the British Library. Seliau / Seals in medieval Wales is a virtual exhibition of the National Library of Wales, with an accompanying blog, Exploring Medieval Seals. You can download the exhibition catalogue Seals in context. Medieval Wales and the Welsh Marches (PDF). The Berkshire Record Office in Reading has created the virtual exhibition Small Objects of Power introducing you to and showing medieval seals.

Start screen Sigillvm Portugalliae

Let’s end this tour with some projects around the Mediterranean. El Sello Medieval is an already longer existing virtual exhibition about medieval seals, created by the Archivo Histórico Nacional in Madrid. The second website is the home of the project Sigillvm. Corpus dos selos portugueses, a website you can view in Portuguese, English or French. Apart from project information and the database with an inventory of medieval seals in Portugal there is a small digital collection of recent relevant literature and a bibliography, and in particular a generous links selection. The inventory can be accessed only in Portuguese, but you can search with terms (Termos usados). Alas the section for virtual exhibitions is empty.

Of course basic guides to sigillography – sometimes the term sphragistics is used – have been around online now for two decades. The links collection for this theme at the portal Historische Hilfswissenschaften at the Universität München is still useful. You can consult online a PDF of the Vocabulaire internationale de la sigillographie (Rome 1990). Sometimes seal matrices have become objects of art, but more often personal seal matrices have been destroyed when their owners died. The survival of originals seals, the creation of seal casts and the interest to collect these combined with the study of matrices make the study of seals a field with several layers. The web directory of the Portuguese Sigillvm project is a fair attempt to present links for a variety of collections.

The approach of the Imprint project and the project at Speyer which bring fingerprints into view open questions about seals in a new way. Legal historians can note how modern forensic expertise can be applied also to historical materials. Who handled seals and matrices? Is the very act of sealing not just as important as attaching a beautifully looking seal which can indeed make an impression on contemporaries and future generations? It is only natural that disciplines such as semiotics, the study of signs, and cultural anthropology look rather differently at seals than medievalists, art historians and legal historians usually do. Visual culture, politics, government and art come together in seals. If my post looks as part of an object lesson in approaching seals as signs and objects – with not just a front side but also other telltale elements – my brief tour here serves its goal.

A postscript

Travis Baker kindly pointed to the volume Seals and their Context in the Middle Ages (Oxford, 2015) with an important article by Paul Brand on seals and the law in medieval England.

Banner DigiSig

For some inexplicable reason I did not include the project DigiSig from St. Louis University in this post, but I had duly bookmarked this project dealing with seals from medieval England. It offers a database for searching seals in a number of British collections, and a search facility for the kind of figures represented on seals with a detailed classification scheme. Both tools are most valuable for sigillographic research.

A fusion of medieval legal systems at St. Andrews

Startscreen CLICME

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

A tour of a threefold project

Logo CL project

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

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

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

Research, online editions and more

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

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

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

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

Startscreen ILCR for Canterbury Court Records

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

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

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

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

History, nationalism, Romanticism

Logo MGH, Munich

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

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

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

A human history

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

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

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

A mighty enterprise

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

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

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

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

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

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

Time to celebrate

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

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

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

 

At the passing away of Peter Landau

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

From Berlin to Munich

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

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

In Munich

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

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

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

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

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

 

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.