Tag Archives: Medieval law

A fusion of medieval legal systems at St. Andrews

Startscreen CLICME

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

A tour of a threefold project

Logo CL project

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

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

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

Research, online editions and more

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

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

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

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

Startscreen ILCR for Canterbury Court Records

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

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

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

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

History, nationalism, Romanticism

Logo MGH, Munich

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

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

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

A human history

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

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

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

A mighty enterprise

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

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

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

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

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

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

Time to celebrate

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

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

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

 

At the passing away of Peter Landau

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

From Berlin to Munich

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

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

In Munich

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

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

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

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

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

 

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.

 

Digital approaches to medieval charters

Start screen DCN

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

The third attempt succeeds

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

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

The second half of the DCN starts screen

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

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

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

A look at Diplomata Belgica

Startscreen Diplomata Belgica (detail)

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

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

Two approaches to charters

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

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

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

Logo Huygens Institute / ING

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

Medieval manuscripts from France and England united

Banner France-Angleterre 700-1200

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

Manuscripts in two cities

Logo The Polonsky Foundation

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

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

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

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

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

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

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

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

A rapid tour

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

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

A postcript

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

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

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

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

Diversity and unity

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

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

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

A few words

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

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

A postscript

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