Tag Archives: Medieval law

Digitizing legal manuscripts at the Vatican Library

In this century several major research libraries and national libraries have started to digitize their manuscript collections. On my blog I have reported for instance about digitized legal manuscripts in the British Library. Legal manuscripts were included also in the project Europeana Regia for the reconstruction of the medieval royal libraries. One of my earliest posts concerned the Swiss project e-codices. More recently I wrote here about digitized manuscripts from Chartres and the Mont Saint-Michel. The digitized medieval and Renaissance legal manuscripts at the Collegio di Spagna in Bologna did not escape my attention, too. In 2013 the project at UCLA for the Catalogue of Digitized Medieval Manuscripts came to a halt because the two courageous scholars responsible for this project could not cope anymore with the tasks of creating a consistent and yet detailed catalogue. The question how to find out about the presence of digitized manuscripts is not easily answered.

Logo Digivatlib

For one particular massive project there is a way to stay informed. The current digitization project for the manuscripts of the Vatican Library has made considerable progress. Already some three thousand manuscripts can now be viewed online. However, this library did until this week not publish lists of recent additions. How can you stay informed about manuscripts which might interest you? In this contribution I will look at the efforts of Jean-Baptiste Piggin, a journalist and historian in New-Zealand, who since 2015 has patiently reported at his blog Macro-Typography about recently added digitized items. His service to scholars and the general public deserves our thanks and admiration. For your convenience I have put together a list of the legal manuscripts Piggin signalled until now. Piggin himself is interested in the history and use of diagrams, including those created by medieval lawyers, and this offers me a chance to write here about legal iconography, too. At Twitter you can find Piggin, too (@JBPIggin).

Thousands of manuscripts

The collections of the Biblioteca Apostolica Vaticana (BAV) in Vatican City are truly extraordinary. Not only their sheer number is immense, but also the presence of many remarkable manuscripts make this library an institution beyond repositories elsewhere. During its long existence the BAV was able to acquire entire manuscript collections. The Palatini came from the ducal library at Heidelberg, the Ottoboniani from cardinal Ottoboni, the Urbinati from Urbino, the Chigiani from the Chigi family, and these are just a few examples. Luckily there are even special bibliographies for the modern scholarly literature about these manuscripts. The BAV has created a separate online manuscript catalogue. The main digitization project of the BAV has several sister projects, for example for Syriac and Chinese manuscripts.

Logo Bibliotheca Palatina Digital - UB Heidelberg

The most important accompanying project deals with the Palatini latini, some 2,000 Latin manuscripts originally kept at Heidelberg, and now digitized and only accessible online at the portal Bibliotheca Palatina digital of the Universitätsbibliothek Heidelberg. With the advanced search mode of the Palatina Search you can directly search for particular manuscripts. For the subject Recht you will find some 220 digitized manuscripts, but alas it turns out this search does not yield the result you would expect, because not only legal texts show up. Using filters such as Pal. lat. does help somewhat, but in my view it is not correct when the filters Justiz and Kanonistik give almost completely identical search results. The fact you can find individual texts within a manuscript is not only welcome, but simply necessary. The overview of Palatini latini is organized in some twenty lists with each one hundred manuscripts. Arranging by year, author or title does help a bit. However, a check with the lists’ view at Heidelberg makes clear you can confine your search for legal manuscripts among the Palatini latini mainly to the shelfmarks Pal. lat 621 to 800. The university library at Heidelberg has a separate website for searching images in the Palatini manuscripts.

Having the Palatina Search at your disposal is really useful and important when you look at Piggin’s series of posts with digitized Palatini latini. It would be a herculean task to add for each manuscript in his lists a short or long description. For the Palatini Piggin often gives the author’s name and the title of a work. So far Piggin has counted some 3,200 digitized manuscripts from the BAV. In his early posts he did not include complete lists. Until now he mentioned on his blog some sixty Palatini latini with legal texts. By the way, at the end of each post Piggin asks for comments and additions from people who know more about newly digitized manuscripts.

Apart from the Palatini latini Piggin mentions I have now a list in front of me with 33 legal manuscripts. This number puzzles me a lot. Stephan Kuttner and Reinhard Elze published two volumes of their Catalogue of canon and Roman law manuscripts in the Vatican Library, I: Codices Vaticani latini 541-2299, II: Codices Vaticani Latini 2300-2746 (Città del Vaticano 1986-1987). These two volumes should have been followed by three consecutive volumes, but for various reasons this has not yet happened. Gero Dolezalek and Martin Bertram have put PDF’s with the draft galley proofs of the third volume online. They bring us to Vat. lat. 11527. A similar project for other manuscript collections at the BAV is one of the projects that will bear fruits in particular for the field of medieval canonl law. The overviews created by Brendan McManus for medieval canon law texts, the Manuscripta Iuridica database at Frankfurt am Main for texts concerning Roman and feudal law, and the Initia operum iuris canonici medii aevi of Giovanna Murano are at many points much more concise for manuscripts held at the Vatican Library. With this information at our disposal I should really look again at the nearly fifty (!) posts Piggin published and check them against these combined resources. For my consolation I can only remark that you will have to perform a similar task when you want to know about for example medieval medical or mathematical manuscripts at the Biblioteca Apostolica Vaticana.

After all these preliminary remarks I had better give you simply these thirty-three manuscripts as presented by Jean-Baptiste Piggin, starting for your convenience with the Vaticani Latini:

  • Vat.lat. 630 pt.1 – Isidorus Mercator, Decretalium collectio
  • Vat.lat. 841, De Regimine Principum, a guide-book for princes, by Giles of Rome (Aegidius Romanus)
  • Vat.lat. 1130, anonymous (John of Paris?) on papal authority
  • Vat.lat. 3978, handbook for the Inquisition
  • Vat.lat. 3740, about 60 texts on apostolic poverty made to advise Pope John XXII at the time of a controversy with the Franciscans 1322-23 on the issue
  • Vat.lat. 3833, Collectio Canonum by Deusdedit, written between 1083 and 1087. This is the sole complete manuscript of this legal work. See Lotte Kéry. Notable for tabular material, but no diagrams. This is a palimpsest with four Vulgate gospels from the 7th or 8th century underneath (see Trismegistos)
  • Vat.lat. 12723, manuscript records of the Inquisition

The presentation of these manuscripts differs from a short notice to a much fuller description for some of them. “Lotte Kéry” refers to her repertory Canonical collections of the Early Middle Ages (ca. 400–1140) : a bibliographical guide to the manuscripts and literature (Washington, D.C., 1999), partially digitized by The Company with the Search Engine. Trismegistos is a database for ancient papyri and inscriptions. I will expand later on Piggin’s interest in diagrams.

The descriptions for the other manuscripts I took from Piggin’s blog follow here in alphabetical order of their shelfmarks. Behind the arrows I expand or correct his notes:

  • Barb.lat. 1396, a consilium of Baldus de Ubaldis >> numerous consilia by Baldus and other authors
  • Borgh. 7, Pope Boniface, Decretales
  • Borgh. 12, Works of Godefridus Tranensis
  • Borgh. 26, 13th-century legal text, Apparatus Decretorum
  • Borgh. 95,14th century, legal, Arnoldus de Augusta
  • Borgh. 154, Tancredus, 1185-1236, Opera, 13th-14th century
  • Borgh. 214Opera quaedam de re iuridica, 14th century,
  • Borgh. 226, Novels of Justinian
  • Borgh. 230, Iohannes de Lignano, 1320-1383 Lectura super decretales
  • Borgh. 231, Abbas Antiquus
  • Borgh. 248, Rottfried: civil law, canon law >> Roffredus Beneventanus, Libellus de ordine iudiciorum
  • Borgh. 262Decretales of Pope Gregory IX, glossed by Bernardus Parmensis (also known as Bernard of Parma, Bernard Botone, Bernard Bottoni), seems similar to Ms. 1 at Syracuse University
  • Borgh. 290, Bottoni, Bernardo, Summa super titulis decretalium
  • Borgh. 348, collection of opinions written in 1320 for Pope John XXII before 14th-century decision to extend inquisition to practitioners of “black magic” in southern France. Notes >> a reference to Annelies Maier, Ausgehendes Mittelalter III (Rome 1977) 208.
  • Borgh. 372, Glossa on Justinian >> Codex Justinianus with the standard Accursian gloss
  • Borgh. 374: A 13th-century text of the Emperor Justinian’s legal codifications including the Institutions, annotated by medieval lawyers. Justinian was emperor at Constantinople 527-565. >> Institutiones, Novellae, Libri Feudorum and Tres Libri (Codex 10-12).
  • Ott.gr. 64, legal synopsis
  • Ott.lat.15, legal texts, compiled by Capuchins
  • Reg.lat. 189, papal register
  • Reg.lat. 1024, the Liber Judiciorum, an early-8th-century code of Visigothic law (probably) copied in Urgell, Spain
  • Ross. 555, a beautiful Hebrew codex with four fine Italian miniatures. From Evelyn Cohen I read that this is Jacob ben Asher’s legal treatise, the Arba’ah Turim, and that the images depict a synagogue scene, animals being slaughtered according to Jewish ritual, a wedding and a courtroom scene.
  • Urb.lat. 157, Innocent IV, decretals
  • Urb.lat. 158, Azo of Bologna, decretals >> Azo, Summa Codicis and other works
  • Urb.lat. 159, finely illuminated law text by Bernardo Bottoni on Gregory’s Decretals, with a 14th-century arbor consanguinitatis where the tree is held in a planter by the law-giver (discussed by Hermann Schadt, Arbores, at p 259 ff.)
  • Urb.lat. 160, Johannes Andreae, Boniface VIII, decretals dealing with marriage and other legal issues >> mainly the Liber Sextus of pope Boniface VIII
  • Urb.lat. 1057, bound book of papal records

Piggin very sensible enlivens his lists with small format images of often remarkable illuminations, but to keep it here within sensible length I have excised the images and his remarks, except for those concerning legal trees such as the arbor consanguinitatis. In a post about digitized manuscripts in Bologna I have looked at the Mosaico project and its section about the Arbor actionum, the “Tree of actions”, a tool designed for determining which legal action(s) you should choose. Among legal diagrams Piggin looks in particular at the arbores consanguinitatis et affinitatis, and he proposes some substantial revisions of the views expressed by Hermann Schadt in his classic study Die Darstellungen der Arbores Consanguinitatis und der Arbores Affinitatis : Bildschemata in juristischen Handschriften (Tübingen 1982). Piggin published a post about legal arbores, and he has even has written an accompanying guide, The Missing Manual: Schadt’s Arbores. The virtual exhibition Illuminating the Law of the Fitzwilliam Museum in Cambridge shows some examples of these arbores. Piggin questions the very use of the word tree and invites scholars to look more closely and use terms carefully.

In Piggin’s notes the sheer variety of manuscripts faithfully mirrors the wealth of the manuscript collections at the BAV. For the field of legal history I have included also some items concerning the papal inquisition (Borgh. lat. 348, Vat. lat. 3978 and 12732) and some papal records (Reg. lat. 189 and Urb. lat. 1057). The manuscript Vat. lat. 3740 with questions concerning apostolic poverty reminded me of Umberto Eco’s The Name of the Rose and this subject as a bone of contention figuring in his novel. DigiVatLib does in many cases include at least some bibliographical information with which you can start further exploration of a manuscript.

Apart from his interest in legal iconography Piggin explores the origin of the use of diagrams with stemmata. I can only admire his tenacious approach and the way he blogs about his research in ancient and medieval history. The main results of his research appear at his own website. One of his latest blog posts concerns the text of a medieval commentary on biblical arbores humani generis, a kind of genealogical schemes showing the genealogy of Christ. The text seems to have been overlooked because it only filled gaps in drawings. It seems the kind of discovery only made by those who look at things supposedly well-known with an ever open mind.

While finishing this post the staff of DigiVatLib is busy transferring digitized manuscripts and incunabula to a new platform with enhanced interoperability. There have been complaints presence of large watermarks on the digitized images. It is also remarkable to see an interface for English, Italian and Japanese. There is now an advanced search mode with even fuzzy filters (“partial match”). You can tick a field for non-digitized items and choose to search only manuscripts. The galleries with selected manuscripts and the twenty latest digitized items wet your appetite for more. Twice every month you can get at Piggin’s blog a preview of newly digitized manuscripts. Even if it is possible to correct and expand his notes on legal manuscripts, you must admit that creating commented lists does at least provide useful orientation. Perhaps some legal historian might take up the challenge of providing a regular list of updates for digitized legal manuscripts at the BAV with sufficient information to start benefiting truly from this massive digitization project.

Medieval laws in translation

Languages can act as formidable barriers to our understanding of both past and present. Even if you happen to have a talent for foreign languages translations can help you in many ways to gain insight into the messages and form of a source. In medieval Europe many legal sources were written or only accessible in Latin. However, a number of medieval legal texts have been translated into the vernacular. In this post I want to look at a number of medieval translations of such sources and at two modern translation projects. Recent news about these projects offers me an occasion to write about this subject.

Medieval translators at work

In the Middle Ages translating the works of Aristoteles from Greek – or Arabic – into Latin formed probably the largest translation project of a millennium. The volumes with the scholarly edition of the Aristoteles Latinus project are still being published. For many scientific disciplines medieval translators took the trouble of translating important sources. In the field of law, too, one can point to translations. The most massive project, the Basilica, is not only a translation but also an adaptation of Justinian’s Institutes, his Digest, Codex and the Novellae. For some parts of the Justinian codification older Greek translations exist which the translators around 900 used in Byzance. A team at the University of Groningen led by H.J. Scheltema produced a modern critical edition of the text and the scholia, the accompanying glosses [Basilicorum libri LX (17 vol., Groningen 1953-1988)].

A very interesting example of a translated medieval legal text is Lo Codi, a legal commentary from the twelfth century originally written in Occitan, a language spoken in Southern France and Catalonia. Lo Codi has been translated in French, Castilian, Latin and Franco-Provencal. I wanted to check information about this text at the homepage of Johannes Kabatek at the Universität Tübingen. Since his move to Zürich this page has been removed, but luckily he has put them on his private website. At this webpage you can compare different manuscripts and versions. An article about Lo Codi by Kabatek from 2000 is also available online (PDF). Kabatek does show Lo Codi is an independent adaptation of the Summa Trecensis, and not just a translation.

Banner The Medieval Nordic Legal Dictionary

The first large-scale project I want to introduce in this post is The Medieval Nordic Legal Dictionary, a project led by the University of Aberdeen. Not only a dictionary will be the fruit of this project, but also translations of Scandinavian laws. Two volumes with translated laws have already appeared. A few years ago I wrote here about medieval Scandinavian laws, and it is surely helpful to be able to use these translations alongside the original texts. The page for laws of this project provides you with a quick overview of the main laws. the current editions and the planned or already published translations. The bibliography of the dictionary project shows that luckily for some texts translations appeared in the twentieth century, however, in a number of cases into current Icelandic, Norwegian, Danish or Swedish.

Some medieval legal texts have been translated in the sixteenth century. This month I saw an announcement for a lecture in Paris on April 6, 2016 by Patrick Arabeyre (École nationale des Chartes, Paris) on ‘Deux exemples de traduction vers le latin dans le domaine juridique : la traduction d’ordonnances royales par Étienne Aufréri (1513) et la traduction des Coutumes d’Orléans par Jean Pyrrhus d’Angleberme (1517)’ as a part of a conference on La traduction en vernaculaire entre Moyen Âge et Renaissance. The first subject of his lecture were royal ordinances edited by Étienne Aufréri in 1513, and he looked also at the translation by D’Angleberme of the Coutumes d’Orléans (1517). A second lecture by Frédéric Duval, also attached to the ENC, concerned the versions of Lo Codi. In April 2015 Duval presented a paper about French translations of the Corpus Iuris Civilis.

Nowadays the French Biblissima portal is a fine gateway to several projects concerning the production and transmission of manuscripts, and using the English interface it is very much accessible. One of the online databases at the École nationale des Chartes is called Miroir des classiques, “Mirror of the Classics”, a project in which Duval participates. Unfortunately this database does not yet contain any notice about translated legal texts, but eventually they will be included. How can one trace more medieval translations? For Ancien Français, one of the phases of medieval French, there just happens to be a resource that can help you. The bibliography of the Dictionnaire Étymologique de l’Ancien Français (DEAF) does lead you to a number of translations, many of them still only existing in manuscripts. The section C of this bibliography shows for example two thirteenth-century translations of the Code de Justinien. The entry at CodiFr mentions Lo Codi and states flatly this is a translation of the Codex Justinianus, a notice clearly in need of some updating. Under the letter I you will find both a complete translation of the Institutiones Iustiniani and an abridged version. Five manuscripts exist with a French translation of the Digestae. The Summa Codicis of Azo, too, exists in a French version, the Somme Acé. By the way, you can find a number of online dictionaries and textual corpora at the website of the Dictionnaire de Moyen Français. For the field of medieval canon law one has to single out the medieval French translation of the Decretum Gratiani. This translation has been edited by Leena Lofstedt, Gratiani Decretum. La traduction en ancien français du Décret de Gratien (5 vol., Helsinki, 1992-2001). I have not taken a complete tour of the sources of the DEAF, but it is certainly rewarding to look for yourself, and not only for matters concerning France. Anglo-Norman texts appear here, too.

Searching in manuscript catalogues will no doubt yield further results. A search in the digital catalogue for archives and manuscripts of the British Library brought me to ms. Royal 20 D IX, a late thirteenth-century French translation of the Authenticum and the Tres Libri, the books 10-12 of the Codex Justinianus. The database Manuscripta Iuridica at Frankfurt am Main contains for example for the French translation of the Institutes – usefully put together as Institutiones Justiniani, versio Gallica – references to thirteen manuscripts. The manuscript in London, too, has not escaped the attention of Gero Dolezalek and Hans van de Wouw, the creators of the Verzeichnis der Handschriften zum römischen Recht bis 1600 (4 vol., Frankfurt am Main 1972) used for the database, nor did they miss the French version of the Digestum Vetus, and the Infortiatum. For Azo you will find not only the translation of his Summa Codicis, but also a translation of his summa on the Digesta.

Twelve volumes and an addendum

Five years ago the last of the twelve volumes of the modern Dutch translation of the Corpus Iuris Civilis appeared. I wrote here a post about the presentation of the final volume in 2011, and in that post I looked also at other complete translations of the Corpus Iuris Civilis. On Friday April 15, 2016 yet another volume was presented at a symposium in Utrecht. Jop Spruit, the indefatigable founder of the project, translated with Jeroen Chorus also the Libri Feudorum, a twelfth-century text from Lombardy concerning customary law dealing with fiefs. Kees Bezemer wrote the introduction to this translation with facing Latin text. In my view the translators wisely choose to follow the version of the Libri Feudorum as found within the Corpus Iuris Civilis. One of the arguments to include this work on customary law into the curriculum of the medieval law schools was the presence of glosses by Accursius. The modern critical edition gives both the oldest and the most used version (Vulgata) [Karl Lehmann (ed.), Das Langobardische Lehnrecht, (Handschriften, Textentwicklung, ältester Text und Vulgattext, nebst den capitula extraordinaria (Göttingen 1896; online in the Internet Archive)]. However, more versions came into existence. At the symposium in Utrecht Jeroen Chorus gave a talk about possession in the Libri Feudorum. Dirk Heirbaut compared the feudal law in the Libri Feudorum, the Leenrecht van Vlaanderen and the Lehnrecht of the Sachsenspiegel. Rik Opsommer discussed the use of the Libri Feudorum in the practice of Flemish feudal law, and Kees Bezemer looked at the role of feudal law in Early Modern Europe with a focus on a case in seventeenth-century Germany which became the subject of a disputation defended at Frankfurt an der Oder. The best point of depart to start exploring Early Modern German juridical disputations is the digital library of the Max-Planck-Institut für europäische Rechtsgeschichte, Frankfurt am Main.

The team of Dutch translators hesitated about the right number of the latest volume in the series of translated texts of Roman law. Twelve is such a beautiful number suggesting completeness! They finally opted for 12 Addendum. The set of twelve volumes can still be ordered from Amsterdam University Press.

Until now I have looked almost in vain for other translations of the Libri Feudorum. The translation by Lorenz Weidmann, Die Lehensrecht verdeutscht (…) was printed at least seven times between 1530 and 1541. The German bibliographical project VD 16 does not only make such statements possible, but it leads you also to the digital version of the first edition Augsburg 1530 (Munich, Bayerische Staatsbibliothek). Robert Feenstra wrote about it in his article ‘Kaiserliche Lehnrechte. Die Libri feudorum in deutscher Fassung nach Alvarotus und andere Inkunabeldrucke zum Lehnrecht. Mit Beiträgen über Johannes de Vanckel und die casus summarii des Baldus’, Tijdschrift voor Rechtsgeschiedenis 63 (1995) 337-354. There is also an online version of a translation by Jodocus Pflanzmann printed in an incunabula edition, Das buch der lehenrecht (Augsburg 1493; GW 7776). The Gesamtkatalog der Wiegendrucke (Staatsbibliothek zu Berlin) has a useful overview of editions and partial editions before 1501 of the Corpus Iuris Civilis. GW 7654 is a French translation printed at Paris around 1486 of Justinian’s Institutes, interestingly made in verses. The identification of the probable author, Richard d’Annebaut, is also given in the bibliography of the DEAF with references to the unique manuscript source, London, British Library, ms. Harley 4777.

Discussing the Libri Feudorum is entering a territory where three decades ago things might have seemed straightforward. Things have changed very much since Peter Weimar’s article ‘Die Handschriften der Libri feudorum und seine Glossen’, Rivista Internazionale di Diritto Comune 1 (1990) 31-98, reprinted in his volume of essays Zur Renaissance der Rechtswissenschaft im Mittelalter (Goldbach 1997) 171-238, and the study of Gérard Giordanengo, Le droit féodal dans les pays de droit écrit. L’exemple de la Provence et du Dauphiné XIIe – début XIVe siècle (Rome 1988). I must refer you here to online bibliographies such as the one provided by the Regesta Imperii at Mainz to see how much has been written recently about the approach of medieval lawyers to feudal law.

Of course it is possible to use modern translations of medieval legal texts, but in this post I wanted to investigate medieval translations. For searching modern translation one can benefit from the Online Medieval Sources Bibliography which even offers filters for translations containing also the original texts, translations in English, French or other languages. It might be helpful to end here with briefly noting the publication of the revised edition of Fred Blume’s translation of Justinian’s Code edited by Bruce Frier [The Codex of Justinian (3 vol., Cambridge, etc., 2016)]. The German translation project for the Corpus Iuris Civilis reached in 2012 its fifth volume with the books 28 to 34 of the Digest, edited by Rolf Knütel [Corpus Iuris Civilis, Band 5, Digesten 28-34 (Heidelberg 2012)]. Let’s hope the leaders and translators of such projects will and can benefit from the recent Dutch experience in completing a book project with nearly nine thousand pages.

A postscript

Frédéric Duval will present in June 2016 a paper about the late-medieval translations into French of parts of the Corpus Iuris Civilis at a two-day conference in Tours, Les traductions médiévales à la Renaissance et les auto-traductions (Tours, June 8-9, 2016).

The power of words: Some thoughts about Umberto Eco

Image of Umbert Eco - photographer unknown - source: Wikimedia Commons

Umbert Eco – photographer unknown – source: Wikimedia Commons

The death of Umberto Eco (1932-2016) makes the world mourn a most versatile author. In fact you might do him justice by seeing him almost as a true uomo universale. In his writings, both his scholarly work and his novels, the thing resonating within you long afterwards was and is the encounter with a mind full of curiosity about the world, culture and life at large. As a small contribution in remembrance of a great intellectual I will look here at a few aspects of a period close to his heart, the Middle Ages. With The Name of the Rose Eco did not only write a great detective novel and a philosophical treatise about visions of reality and truth, but he returned in a way to the territory where his career started. This novel is marked by elements of law and justice, reason enough to have a look at it here.

A story in black and white

Eco’s great story, set in the early fourteenth century, has not just one central narrative thread, the quest of William of Baskerville and his assistant Adso of Melk to solve crimes and the mysteries surrounding them. The Name of the Rose is also a book about confrontations between old and new ways of thinking and action, and of strife even between people at both sides. The Franciscan William of Baskerville meets a formidable opponent when the Dominican friar and inquisitor Bernard Gui arrives on the scene of the monastery in Northern Italy. Both religious orders came into existence shortly after 1200. They almost fought each other to receive able men into their ranks. The different ways of living and preaching inspired them to outshine each other. Now Bernard Gui (around 1262-1331) was a historical figure. Interestingly he was not only the most famous inquisitor of his time, but also a very active historian of his order, see A.-M. Lamarrigue, Bernard Gui. Un historien et sa méthode (Paris, 2000).

Cambridge Uniersity Library, ms. Ff 3.18,fol. 1r

Thomas Aquinas, Summa Theologiae, start of II-I; England, circa 1320-1340 – Cambridge, UL, ms. Ff 3.18, fol. 1r – image: Cambridge University Library

800 years ago the Dominican order was founded. Part of the worldwide jubilee celebrations is the virtual exhibition A pipeline from heaven: eight centuries of Dominican books created by Cambridge University Library. Among the manuscripts shown in the online gallery you can find the Summa Theologiae, the major work produced by Thomas Aquinas. I searched in this exhibit in vain for the inquisition and Bernard Gui, but let’s first remember how Eco started as a scholar with writing about Thomas Aquinas. Eco’s Ph.D. thesis dealt with the views on art of this Dominican philosopher and theologian. Aquinas wrote many of his works using the scholastic method of distinctions using questions and answers. Argument after argument is dissected in a seemingly cool and calm way. Personal views or involvement seldom surface. Eco succeeded in pinpointing Aquinas’ views of art in his discussions of perception, contrary to the opinions of eminent scholars such as Étienne Gilson and Jacques Maritain. Once you realize this, it is easier to see how this discovery influenced Eco’s later scholarly and literary works.

When William of Baskerville reads and explains the telling signs which contain clues to unravel what happened at the Benedictine monastery infected by crime, Eco knowingly plays with scholarly views of medieval and modern philosophy. Using and focusing on signs was for some time the very heart of the vogue for microhistory. The Italian word connected with the microhistory paradigm is spie, traces. Eco was virtually the founder – together with Roland Barthes – of semioticsthe theory of signs, their meanings and relations. In the thirteenth century a number of Dominican friars set out to write both manuals and encyclopedias covering all kinds of knowledge. Very soon the papacy realized that their deep theological knowledge made these friars fit to become inquisitors. Bernard Gui himself wrote a manual for inquisitors, edited by Michel Mollat, Bernard Gui. Manuel de l’inquisiteur (Paris 1926, reprint 1964; Les classiques de l’histoire de France au moyen âge, 8-9). Gui made notes and instructions and carefully documented his activity in the Languedoc in another manuscript [Le livre des sentences de l’inquisiteur Bernard Gui (1308-1323), Annette Pales-Gobillard (ed.) (Paris 2002)]. David Burr (Virginia Tech) has translated a number of the texts in this edition, in particular Gui’s views on detecting heresy. Gui mentions among other heretical matters the views on poverty of the Franciscan writer Petrus Olivi which figure in Eco’s novel, too.

As part of the Dutch jubilee celebrations of the Dominican order the journal Tijdschrift voor Geestelijk Leven [Journal for Spiritual Life] published a special about Dominican history [Het hart op de tong. 800 jaar dominicaanse verkondiging (TGL 72/1 (2016)] with an article by legal historian and theologian Daniela Müller (Radboud Universiteit Nijmegen) on Bernard Gui (pp. 27-35), summarizing in Dutch at the same time a part of her recent research about medieval heresy and the position of women. Müller writes Gui served his order also as a procurator generalis at the papal court in Avignon, and even became involved in the canonisation of Thomas Aquinas. He also acted as a papal nuntius. Müller’s recent research about Gui’s protest against the decision of pope Clement V compelling bishops and inquisitors to work together is real news (see her article ‘Der Bischof und der Inquisitor’, in: Ketzer und Kirche. Betrachtungen aus zwei Jahrtausenden, Daniela Müller (ed.) (Münster 2014) 237-262).

For Bernard Gui words and views did not stand independent of beliefs and practices. You might say he read the views of people as signs of religious convictions and adherence. He outright connected particular expressions with heretical views, even if he had not yet asked specifically about the latter. Eco succeeded most powerfully in showing one of the major faults of the inquisitorial procedure, the combination of the function of persecuting officer and judge in one person. Is it a play on his own name – Eco means echo in Italian – that the other main character in The Name of the Rose, Jorge of Burgos, the monk killing so many of his brethren, also acted as a staunch persecutor of new views and a terrible self-appointed judge? Eco would have spoilt his novel by placing the motto Only connect used by Virginia Woolf at the start of his first novel, but surely this is the most concise clue to his book.

The joy of writing and sharing knowledge

Banner Index Translationum

Eco involved himself in Italian life and culture with his own column for a newspaper and regular appearances on television. In a number of his books, for example about the history of beauty, he left behind him his familiar territories of medieval history and current philosophy, and reached out to a much larger audience. Among these books I personally most like his work touching on the history of language research, La ricerca della lingua perfetta nella cultura europea (1993), translated into nearly twenty languages, as you can check in the Index Translationum of UNESCO. The history of the search for the perfect language brought Eco in many cases to authors expressing their own theory about the original language of humanity. Even Dutch was in the seventeenth century sometimes presented as the language spoken in Paradise! Having started with studying the world where Latin was the lingua franca this subject certainly made Eco smile. His command of European languages made him the ideal author for this theme.

I first read The Name of the Rose as a student of medieval history. Although I did find at first his proliferation of extracts from medieval authors close to going through an overturned card file I had no doubt whatsoever of his skills as a great story-teller. The joy of writing and sharing is visible everywhere in his writings. Since I first read this book I have reread it several times, and my admiration for it has grown. While writing this post I noticed how many tags I can use for classifying my musings about Eco. We are lucky to see in Umberto Eco someone defying normal classifications. He was a great scholar, and even his faults and flaws have turned into art. Few scholars have been as candid and full of humour as Eco about his own mistakes. Nobody is perfect, but Eco’s legacy will continue to help us perceiving signs, detecting hidden perceptions and connections. He makes you transcend the world of books and marvel at the Book of the World.

The edges of medieval law

Cover "The edge of the world" (Penguin edition, 2015)Every now and then a book comes along that grabs your attention. The Dutch translation of Michael Pye’s The Edge of the World: How The North Sea Made Us Who We Are (2014) with its beautiful cover lured me into buying in the end the Penguin edition (2015) and starting to explore its contents. After a number of recent books about the role in European history of the Mediterranean, in particular the one by David Abulafia, a kind of antidote extolling the importance of the North Sea and the regions around it in medieval times is surely welcome. Michael Pye belongs to the line of British authors outside academia who year after year present us with vigorously written and entertaining history books. Awareness of the many corners of history and the importance of detail studies does not diminish the secret longing for history in the grand manner. Does Michael Pye, trained at Oxford in modern history, succeed in creating a convincing history of this part of Europe? In this post I will look in particular in the way Pye deals with medieval law. Law and justice get a large space in his study, sufficient justification to deal with it here.

Twelve chapters and an introduction

Pye organized his book in twelve chapters with some 320 pages, embellished by two maps and twelve full colour images, and fortified by nearly fifty pages with end notes giving substantial references to scholarly literature. It needs perhaps underlining these facts before starting to analyze its contents. Pye aimed to discuss matters scholars regularly research, he uses their research and thus he deserves attention both by the general public and at a scholarly level. In a captivating introduction Pye skilfully sets the scene for his book and points to some of the problems daunting the historiography of the countries around the North Sea. He is quite right to refer to the bias caused in the nineteenth and twentieth centuries by nationalist views, and to warn for their partial survival, in particular our respect for Bede the Venerable and his book on the history of the English people. Bede’s work cannot been read as a historical work of our times. There are clear limits to his knowledge and method, and powers guiding his vision of Christianity and its coming to British isles. The quality of this introduction is most promising for the following chapters.

The first chapter has a provocative title, ‘The invention of money’. Were the Frisians the first people to use money in the lands north of the Rhine left empty by the Romans? Pye argues this region became already in the eight century a trading zone where Franks, Frisians and Saxons traded commodities with each other, even luxury goods. I could not detect a clear chronology in this chapter. Putting the town of Tiel between Utrecht and Arnhem is a bit awkward when Tiel is some forty kilometers to the south-east, and Arnhem seventy kilometers to the east of Utrecht. Dorestad makes more sense as a point of reference. The second chapter about the way this early medieval society was to some extent definitely a world of the book, seems to me much more convincing.

The two following chapters are perhaps the best part of Pye’s book. He succeeds in creating a view of the role of the Vikings in Western Europe and Scandinavia which goes way beyond the clichés of savage men from the North destroying the peace brought by Charlemagne to his new empire. There was more to the Vikings than only violence and pillaging. They were traders who enlarged the range of early medieval trade. They traded not only in Russia, but came even to Byzantium. In the end they, too, became settlers who founded even new port towns. A number of new books, for example those written by Anders Winroth, can give you a fuller portrait of the Vikings and their impact, but Pye gives in fifty pages a fresh picture with much relevant material and discussions of important topics.

Laws are everywhere

Let us not plod here through every chapter in chronological order. One of the reasons you might want to read Pye’s book carefully is his attention to medieval law and legal matters. The space he creates for showing and discussing law and justice is a relief after reading history books which relegate law to a tiny corner or dismiss it in a few paragraphs as a dull matter.

Pye’s sixth chapter, ‘Writing the law’, gives in nearly thirty pages his first main discussion of medieval law. He describes the way the early medieval ordeal was succeeded by a new approach to facts. Pye uses Merovingian formulae and carefully notes the views of learned men in the ninth century who already opposed the ordeal, but his indication of time is sloppy. The rise of lawyers as a profession leads him to speculate about the rise of professions in general. Surely this a major development in medieval society which needs a through investigation and explanation. One of my troubles with this chapter is the zigzagging between centuries and subjects, including the use of runes, the creation of letters of exchange and the forgery of charters. For me there is a fine line between telling stories which bring something fundamental, and a way of writing where just one example after another serves to make a point. In the end you read a loose narrative chain posing as a convincing argument, instead of a  patient analysis a number of cases for a single matter, question or hypothesis. There is a distinct tendency in this book to impress with short stories and vignettes, leaving me in the end somewhat breathless.

On the other hand I cannot leave this chapter judged only on some rather external characteristics. Is the waning of the use of the ordeal the only thing that really mattered? Why does Pye look closely at the use of runes on artefacts, but not at Scandinavian laws? Why does he completely miss the renewal of legal procedure and the increasing role of counts and kings, in particular in Flanders, Normandy and England? Pye mentions two articles by Raoul Van Caenegem, but he seems unaware of this scholar’s monographs and editions. He tends to cite very often new literature and to look only seldom at older studies. Scholarly literature in German or Dutch is almost absent, which is remarkable for a book written for a substantial part in Amsterdam with the aid of the staff at the university library of the Universiteit van Amsterdam. He simply misses the fundamental recent articles by Winfried Trusen and Lotte Kéry about the growth and background of the inquisitorial method, nor does he mention any book about medieval judges. Pye writes for example about the importance of judging intention, citing an article from 1964 by John W. Baldwin, but apparently not using his book about the social views of Peter the Chanter.

Pye’s ninth chapter, ‘Dealers rule’, is perhaps the best part. His presentation and discussions of merchants and trade exemplified in the German Hansa is vigorous. The Hansa wanted to be established a rule of its own built on sheer power, trying to keep outside the normal power relations and legal frameworks by concentrating on the sea. Pye has a keen eye for the particular position of merchants in late medieval society. He rightfully shows how the Hansa in a way continued the practices of earlier merchants. This chapter owes it force certainly also to the quick association one can make nowadays with the role of international trade and multinational firms.

The tenth chapter, ‘Love and capital’, very much centers also around law and legal customs. Pye discusses here the role of matrimonial and hereditary law helping women to secure a position within marriage and outside it, for example living as beguines in one of the great Flemish beguinages, or trading in the absence of their husband. Incidentally, when telling the story of a woman living as a beguine at Bruges who was abducted in 1345 by her family, Pye does use an article in Dutch, helped by Dutch scholars, but only in this case. Only two pages after he started telling this story he gives the year when this happened. If it is really important particular developments in Northern Europe were so pivotal in European and world history, I would prefer to know more exactly when and where something happened. Just two maps to figure out the position of a particular town or location mentioned in this book is simply not enough. The British Isles, the Low Countries, Scandinavia and the Baltic need separate maps. It weakens an interesting chapter. His case for the growing independence of medieval women, too, would have deserved more careful research. Bringing in medieval views of sexuality seems to mask the somewhat one-sided documentation of this chapter. It is one thing to bring social and economic history together with legal history, but something else to create a convincing chapter which does not consist only of colourful stories and brilliant side remarks. Dutch readers will remember the book by Matthijs Deen about the Frisian isles and the Wadden Sea (De Wadden. Een geschiedenis (Amsterdam, 2013), a book with both space for good stories and calm analysis.

You should not think I did not like reading this book. It is a splendid read, and some of Pye’s ideas and views are really worth close consideration. The short eleventh chapter offers a captivating sketch of the impact of the plagues, starting with the Black Death in 1348, and the way they serves as a kind of ultimate terror calling for stricter control of social life by laws and regulations. Pye succeeds also in making you aware of medieval views and the changing role of rational thought in them, but here, too, he acts sometimes as if he was the first to discuss this matter. By chance I received this week a select bibliography of current scholarship about the impact of the Black Death, which gets more cautious about generalizing views. Alas Pye selects his reading list very arbitrarily.

The Book of Everything

In the two last chapters Pye brings his story to his own period, the Early Modern history of Europe. Medieval developments paved the way for the world hegemony of the Dutch empire in the seventeenth century. It was not just a case of the Dutch winning with much luck their struggle for independence against the mighty Spanish forces, but having at its disposal all the skills, knowledge and connections needed to establish a sea-born empire thanks to the migration of merchants from Flanders who head to leave Antwerp. Seemingly novel ways of finance were not so new. I could not help grinning reading the last chapter with on the back of my mind the books by Russell Shorto about Amsterdam and New York. Trade, cultural exchange and fierce convictions to create by all means space for unhampered trade and commerce were surely important for the success of the early Dutch Republic.

The Edge of the World promises to give us a completely new history. One cannot fault an author for his ambition, but Pye has made things difficult for himself. Even Johan Huizinga did not try to tell in The Waning of the Middle Ages the complete story of the fourteenth and fifteenth century in France and the Low Countries, but restricted himself on purpose to medieval literature. Huizinga had published a scholarly edition of legal sources from Haarlem [Rechtsbronnen der Stad Haarlem (‘s-Gravenhage, 1911)]. However, he did not use legal materials and accounts as primary sources in his 1919 book, enough for one critic to remark privately it was only a novel. Pye does refer in his notes to a number of printed editions, but he seldom uses archival records or manuscripts. I am totally convinced a historical novel can sometimes help you to understand a period much better. The Dutch author Hella Haasse succeeded in her 1949 novel Het woud der verwachting [“In a dark wood wandering” (Chicago, 1989)] in evoking France in the late fourteenth century, and at some turns she even surpassed Huizinga’s insights and evocative style.

Too often Pye supposes a particular story can stand for a number of corroborating sources. It makes him somewhat careless and cavalier with his source materials. It is one thing to turn the lights on the many colours of medieval history and society, but the very glitter of little stories too good to leave out has taken over here from critical examination. A round of killing your darlings would have helped very much. Geography and maritime history really suffer. Pye sells too many alluring stories as if only they provide us with the causes of changes and insight into forces behind continuities. His enthusiasm is admirable, but it does also mar this book.

Only on finishing my own review I have looked at some of the reviews of Pye’s book in the Anglo-American World and in Dutch media. The opinions and reviews show a wide spectrum from admiration for a writer choosing narrative above analysis and his own way to deal with a vast subject, to outright dismissal – Adam Nicolson in The Spectator – because at too many turns Pye got his facts wrong, something journalists and historians should truly worry about. Such facts have blunt or sharp edges which can hit equally painful. On the other hand scholars should rightfully and sincerely accept the challenge of doing a better job themselves. We need imagination and vision, keen perception of perspectives, skills to squeeze out the meaning of written sources and artefacts, unflagging attention to get things right, respect for truth, a willingness to question and learn, and the courage to combine fine analyses with good writing. Deep thinking and rethinking will not make the history of Northern Europe grey. It will help to show the many hues of blue and green on the waves sailed by all kinds of medieval people.

Serving the history of medieval law

Photo Frank SoetermeerThe medieval relation between Roman and canon law can in a way be summarized by the expression utrumque ius, “both laws”. Medieval lawyers working in the field of the learned law saw both legal systems as twins. One of the major stumble blocks in understanding the nature and medieval development of either system is exactly the stubborn way in which modern scholars often refuse to look in the garden of their neighbours. Sadly, these days a scholar who had the courage and all qualities to avoid this false separation and to bridge supposed and real gaps is no longer with us. This week the electronic news bulletin Rechtshistorisch Nieuws of our colleagues in Ghent contained a short obituary on Frank Soetermeer (February 7, 1949-January 6, 2016). Instead of focusing solely on his scholarly work I would like to honour him with some personal memories.

The first time I really met Frank Soetermeer was at the Gravensteen in Leiden in 1990. For many years the legal historians of Leiden had their offices in the old county prison. During a coffee break I saw a poster with an announcement about the International School of Ius Commune at Erice. Just when I had finished reading its text Frank Soetermeer showed up and told me he would be one of the scholars teaching that year. On arrival in Sicily I realized that apart from the poster and the encouraging words of Frank Soetermeer I did know hardly anything else about this event for graduate students! Soetermeer gave his audience a very fine lecture about the production of legal manuscripts at medieval universities. He spoke about his research with natural authority in calm but fluent French, and I shared the admiration for him with the other graduate students attending. That same year he gave me a copy of his dissertation, De pecia in juridische handschriften (diss. Leiden; Utrecht 1990).

Originally Frank Soetermeer came from Rotterdam, but he lived for many years in Utrecht and taught at Amsterdam. He visited Leiden regularly for the famous Friday afternoon seminar about medieval legal manuscripts held every winter and spring. A few years after the Second World War legal historian E.M. Meijers and palaeographer Gerard Lieftinck founded this seminar. Legal historians from several Dutch universities, be they versed in Old Dutch law or papyrology or just a young curious student, and a palaeographer of world renown, Peter Gumbert, met at the Gravensteen to read together the often tiny handwriting of remarkable manuscripts. In a year with river floods threatening the town of Culemborg we were fortunate to have in Leiden a medieval legal manuscript normally kept at the municipal archives of the former town. Few of us could possibly have seen as many manuscripts as Frank had, and we felt lucky with his presence. As on the photograph shown here a smile was never far from his face, but as often his eyes showed question marks signalling questions and points to be investigated. I remember Frank arriving at the Gravensteen almost always wearing a hat, a tradition he clearly enjoyed.

Few Dutch dissertations have been translated both into Italian and German. Soetermeer’s outstanding Ph.D thesis was translated as Utrumque ius in peciis: aspetti della produzione libraria a Bologna fra due e trecento, Giancarlo Errico (trad.) (Milan 1997) and Utrumque ius in peciis: Die Produktion juristischer Bücher an italienischen und französischen Universitäten des 13. und 14. Jahrhunderts, Gisela Hillner (trad.) (Frankfurt am Main 2002). Frank discussed earlier research into the pecia system which had focused mainly on the field of medieval theology and on book production in Paris, and looked systematically at its use at the law faculties of medieval Europe. Fourteen articles have been reprinted with English summaries, additional information, corrections and useful indices in the volume Livres et juristes au Moyen Âge (Goldbach 1999). A very useful introduction in English to his studies of the pecia system is to be found in his article ‘Between Codicology and Legal History: Pecia Manuscripts of Legal Texts’, Manuscripta 49/2 (2005) 247-267. His article about Hostiensis (Henricus de Segusio) in Ius Commune 26 (1999) has been digitized in Frankfurt am Main. A quick look at his writings as included in the database with scholarly literature of the Regesta Imperii project at Mainz reveals he contributed nearly thirty biographical articles to the Biographisch-Bibliographisches Kirchenlexikon, often abbreviated as BBKL or the “Bautz”. A fair number of his articles can be accessed in their original form or as preprints at Academia.

Only a few of Frank’s articles focused on medieval canon law, in particular ‘The origin of Ms. d’Ablaing 14 and the transmissio of the Clementines to the universities’, Tijdschrift voor Rechtsgeschiedenis 54 (1986) 101-112, and ‘La proportion entre civilistes et canonistes à l’Université de Bologna vers 1270’, in: El Dret Comú i Catalunya: actes del IIIer Simposi Internacional, Barcelona, 5-7 de novembre de 1992, Aquilino José Iglesia Ferreirós (ed.) (Barcelona 1993) 151-166, but particular his contributions to the BBKL show his affinity and deep knowledge about canon law and major canon lawyers such as Guillaume Durand, Bernhard de Montmirat (Abbas antiquus), Oldradus de Ponte, Guido de Baysio (Archidiaconus) and Petrus de Sampsone.

On rare occasions I saw Frank in my home town Utrecht. The few times this did happen we both looked slightly bewildered, because Frank did travel much and we just did not expect to see each other in Utrecht. One of the happiest memories of briefly meeting Frank in Utrecht was when I saw him with Nella Lonza and their child. The happiness of Frank, of this couple with their child, is indeed a memory to treasure. It is with disbelief that I have to use the past tense in writing about him. If I had to single out any of his articles it would have to be ‘La carcerazione del copista nel pensiero dei giuristi bolognesi’, in: Gli ultramontani. Studi belgi e olandesi per il IX centenario dell’Alma Mater bolognese (Bologna 1990) 121-139, also in the Rivista Internazionale di Diritto Comune 6 (1995) 153-189. Masters in Bologna and elsewehere argued about the way one could compel a scribe to finish writing a legal manuscript, including the small initials, see his study ‘Un problème quotidien de la librairie à Bologne: «Minora» manquants’, in: Excerptiones iuris. Studies in Honor of André Gouron, B. Durand and L. Mayali (eds.), (Berkeley 2000) 693-716. Frank Soetermeer showed how you cannot confine the study of law at the medieval universities to just one discipline. In his work he traced with patience and precision the impact of the learned law in medieval Europe, an impact beyond the pages of the manuscripts concerning legal doctrine. With the death of Frank Soetermeer we have lost a fine scholar, a true gentleman, a loving father and a steadfast companion of his beloved, a man to be remembered.

Visual traces of legal culture and the legacy of Karl Frölich

Banner MPI Frankfurt am Main

Legal historians created legal iconography as an auxiliary science for dealing with images connected with law, justice and legal culture in the widest possible sense. In a century where for many subjects you can find a great variety of online resources the list of online databases concerning this subject is still short. On my own website Rechtshistorie I mention just a dozen digital projects, with resources in English almost absent. On March 31, 2015 the Max-Planck-Institute for European Legal History in Frankfurt am Main launched a new online database for the collections created by a German scholar, Karl Frölich (1877-1953). What is the value of his collections? Do they help understanding the way law and visual culture are studied within the discipline of legal iconography and in other ways, for example in the framework of law and humanities? In this post I will delve into these and other questions and I will compare this new database with similar online collections.

Nomos-SALUTO-INGThe introduction to the new resource at the website in Frankfurt is brief, even when you add the general notice about the Sammlung Frölich and the introductions to research projects concerning communication and representation of law, including legal iconography, However, a virtual exhibition launched last year at the Kunsthistorisches Institut in Florence provides this information. The Nomos of Law. Manifestations of the Law in Picture Atlases and Photo Archives shows items from the Frölich collection, and from collections in Florence and Munich. This exhibition which can be viewed in German, English and Italian contains also a bibliography. It has been created in cooperation with the Leopold-Wenger-Institut für Rechtsgeschichte in Munich, home to the oldest German collection in the field of legal ethnology and legal archaeology created by Karl von Amira (1848-1930).

In this post I will first look at the context of Frölich’s career and research. In the second section I will discuss the contents of the newly digitized collection, and I will compare Frölich’s collection with other online collections for legal iconography. The last section offers a glimpse of current and potential uses of Frölich’s materials.

Decades of research under a shadow

Let’s start with a look at Karl Frölich himself, using the article in the online version of the Neue Deutsche Biographie written by Karl Bruchmann [NDB 5 (1961) 652]. Frölich was born in the village of Oker in the Harz region near Goslar, a city often visited by the German emperors in the eleventh and twelfth centuries. He studied law in Jena and Göttingen. Frölich got his Ph.D. degree from Alfred Schultze (1864-1946) in 1910 at Freiburg with a study about medieval legal procedure in Goslar [Die Gerichtsverfassung von Goslar im Mittelalter (Breslau 1910)]. Frölich worked from 1905 onwards in Braunschweig at the ministry for the interior. In 1913 he started to study for a degree in economics, but in 1914 he became a judge (Landgerichtsrat). During the First World War he fought as an officer in the German army. Paul Rehme (Leipzig) guided Frölich’s research for his Habilitationsschrift on Verfassung und Verwaltung der Stadt Goslar im späteren Mittelalter (Goslar 1921). In 1921 he started teaching at the technical university of Braunschweig. From 1923 onwards he worked at the university of Giessen as a professor of German legal history where he founded in 1939 an institute for legal history. From 1935 onwards Rechtliche Volkskunde, “legal ethnology”, became his specialization. During the Second World War Frölich served temporarily again in the army. From 1945 he worked for some time at the universities of Berlin, Marburg and Frankfurt am Main. His scholarly career ended with the edition of sources for the history of Goslar.

Image of Karl Frölich, 1952 - Sammlung Frölich, Frankfurt am Main

Portrait of Karl Frölich, 1952 – image Sammlung Frölich, Frankfurt am Main

The weakness of the biographical article in the Neue Deutsche Biographie is its relative silence about the period after 1933. How did Frölich react to the powers of the Third Reich? For the field of legal archaeology it was most unfortunate that the Nazi laws pretended to stem from the people, and thus keen on enhancing the position of the field of “legal ethnology”. During the Nazi regime this discipline was not innocent. Frölich is not mentioned in classic studies about German lawyers between 1933 and 1945 such as Ingo Müller, Furchtbare Juristen. Die unbewältigte Vergangenheit unserer Justiz (Munich 1987; 2nd ed., Berlin 2014) and Bernd Rüthers, Entartetes Recht. Rechtslehren und Kronjuristen im Dritten Reich (Munich 1988).

Gerhard Köbler (Innsbruck) contributed a chapter on Frölich for the volume Giessener Gelehrte in der ersten Hälfte des 20. Jahrhunderts, Hans Georg Gundel (ed.) (Marburg 1982) 242-250. Recently Lars Esterhaus wrote his dissertation about Frölich [Bild – Volk – Gegenstand : Grundlagen von Karl Frölichs „rechtlicher Volkskunde“ (…) [Image-Nation-Object: Foundations of Karl Frölich’s “legal ethnology”] (diss. Giessen 2012; Marburg 2014)]. On his website Gerhard Koebler has created a succinct overview of law professors at the Unviersity of Giessen between 1607 and 2007, with also basic information about Frölich’s career. At his webpage Wer war wer im Deutschen Recht [Who’s who in German law], a massive overview of German lawyers with also a search interface, Koebler adds some crucial facts. In 1941 Frölich became a Gaugruppenverwalter and Hochschullehrer des Gaues Nassau-Hessen des NS-Rechtswahrerbundes. After a year in this role Frölich did active service again in the German army. The university of Giessen closed in the summer of 1942. In 1945 Frölich resumed teaching legal history. In 1946 his behaviour during the war was subject of a procedure for denazification. In July 1946 this procedure started, and two months later he was said to be unbelastet, “correct”, but the military government nevertheless suspended him in November 1946. Still in 1946 the ministry of the interior invested him again with his office, but took away his status as a state official (Beamtenstatus). On February 1, 1949 his professorship ended, and on April 1, 1950 he became officially a professor emeritus.

In the thirties the Deutscher Rechtshistorikertag, founded in 1927, was still a new phenomenon. During the twelve years of the Third Reich only two Tagungen were held, in Cologne (1934) and Tübingen (1936). In Tübingen at the fifth conference Frölich read a paper about the creation of an atlas for legal ethnology (‘Die Schaffung eines Atlas der rechtlichen Volkskunde für das deutschsprachige Gebiet’). Hans Frank, the German minister of justice, held a speech in which he encouraged scholars to enlist the services of legal history for German contemporary law.

I give you this additional information with only brief comments. There was a wide variety of living as a lawyer under the Nazi regime, from supporting explicitly the new Nazi legal order and its ideology at one side, and outright resistance against the regime at the other end. For many people daily life in the Third Reich must have been a grey and grim zone of finding one’s way in a time and places where angels fear to tread. Even at a distance of two generations scholars living now need to imagine themselves in front of the possible deadly choices facing Germans in that dark period. As for Giessen, allied bombers caused great damage to the city in December 1944. After the war the university was at first closed. Only after a few years the university could start again, and only in 1965 a law faculty began again.

Barbara Dölemeyer, responsible for the project to digitize Frölich’s collection, has created a bibliography of Frölich’s publications since 1921. Earlier on she published ‘Karl Frölich und das Institut für Rechtsgeschichte’, in: Rechtswissenschaft im Wandel, Festschrift des Fachbereichs Rechtswissenschaft zum 400-jährigen Gründungsjubiläum der Justus-Liebig-Universität Gießen, Walter Gropp, Martin Lipp and Heinhard Steiger (eds.) (Tübingen 2007) 1–22, and a shorter article, ‘Bilder als Zeichen alten Rechts – Die Sammlung Frölich’ [Images as signs of old law: The Frölich Collection], Rechtsgeschichte 4 (2004) 264-268. Karl Kroeschell (1927) mentioned some of Frölich’s works in his Deutsche Rechtsgeschichte as examples of still valuable research. Kroeschell says this as author of a legal history of Germany in the twentieth century [Rechtsgeschichte Deutschlands im 20. Jahrhundert (Göttingen 1992)]. Hans Planitz and Hermann Baltl wrote necrologies about Frölich for the Zeitschrift der Savigny-Stiftung für Rechtsgeschichte, Germanistische Abteilung [ZRG GA 70 (1953) 431-432 and ZRG GA 71 (1954) 545-548], the latter with the explicit title ‘Karl Frölich und die rechtliche Volkskunde’. You can find ten digitized publications of Frölich online in one of the digital libraries of the modern Universität Giessen.

The signa iuris

The commemorations of the end of the Second World War, now seventy years ago, have influenced me in creating the long section about Frölich, especially in order to prevent the idea that I would write about Frölich’s material legacy – now held at Frankfurt am Main, Giessen and Munich – without any preparation and consideration for its background. Is it indeed to some extent a poisoned gift, not to be handled except with the greatest possible care, or is it safe to use the images and accompanying papers in a straightforward way? What does he bring us for the study of the signs of law and justice? SIGNA IVRIS is the aptly chosen name of a German scholarly journal for legal iconography and its neighbouring disciplines. It was founded in 2008, with Gernot Kocher, Heiner Lücke and Clausdieter Schott as its current editors. Lars Esterhaus contributed in Signa Ivris 5 (2010) the article ‘Karl Frölich und die “rechtliche Volkskunde“? Eine werkbiografisch orientierte Anfrage’ .

The scholarly value of Frölich’s own photographs is much enhanced by the fact that he did not just look at Germany or at parts added to the Third Reich, but at other European countries as well. Two pictures show even Rabat in Morocco. In view of this international orientation a search interface in one or more other languages would reflect the variety of countries more correctly. The search interface contains a free search field (Freie Suche), and an advanced search mode with four fields for countries, locations and places; two of them help you to find all items coming from a modern Bundesland or an official smaller region (Landkreis) in Germany. Very important is the presence of two separate search fields for motifs, the first for motifs from a contemporary perspective and the second field for the motifs according to Frölich’s own arrangements. He had planned to publish eventually an atlas with relevant photographs and descriptions for Germany, starting with the region Hessen. The last search field allows you to filter for items and the three present locations of Frölich’s images, papers and other materials. A separate page introduces the subjects and motifs used by Frölich to catalogue and describe his findings, and a more contemporary list of classifications used for the digitized items.

Postcard of the interior of Nijmegen Town Hall, around 1940 - Collection Frölich, SF=G1347_F4124_01a

Postcard of the interior of Nijmegen Town Hall, around 1940 – image Sammlung Frölich

The database at Frankfurt am Main contains nearly ten thousand items, with for the Netherlands 133 items. Among the European countries Belgium is missing at all. For Germany there are some 8,200 items, for Hessen alone nearly 2,300 items. Thus resources for others countries are only a small part of the collection, but nevertheless this is valuable. It quickly becomes clear there are for my country more digitized letters, postcards and notes than actual photographs or other visual materials. Frölich inquired about cities such as Rotterdam, Middelburg and Nijmegen where the inner cities have been destroyed during the Second World War. Such photographs of buildings before their destruction can be important. W.S. Unger, city archivist at Middelburg, wrote in 1939 he had sent a description of the town hall in a separate letter which does not survive (or still awaits digitization). From Rotterdam came in 1939 two short letters stating objects could not be reached due to the restoration of the Museum Boymans-Van Beuningen, and there were no medieval objects at all. In view of the year 1939 it is more probably that this museum was busy packing objects and moving them to a safe hiding place in case of war. It seems Frölich definitely restricted his research to medieval objects and artefacts, because other Dutch letters contained the same answer. From Nijmegen came only a postcard with a picture of the schepenbank, the seats of the municipal court within the town hall in Dutch Renaissance style. Frölich’s letter in 1942 concerning Nijmegen mentions specifically his objective to collect information also outside Germany.

“Gericht” at Schleeke near Goslar – image Sammlung Frölich

Back to Germany! Frölich’s collection contains in its present state some 70 items for his beloved Goslar. Goslar’s fate during the Third Reich was in a way determined in 1934 when the Reichsnährstand, the Nazi food organization, was founded in this town. In 1936 Goslar got the title Reichsbauernstadt, the capital of farmers in Hitler’s Reich. All his life Frölich dedicated his efforts in studies of Goslar’s history to its later medieval period, after the days of the frequent visits of the German emperors. He studied in particular the beginnings and working of the city council, the city’s economy and the role of the nearby mines at Rammelsberg exploited since the tenth century.

In his Harzreise (1826) Heinrich Heine had used harsh words for Goslar, a city where the medieval cathedral had been demolished in 1820, leaving just one part of it standing. Is it just a guess that the very presence of Goslar’s remaining historic buildings and locations helped Frölich to become aware of the need for their systematic study in connection with legal history? Perhaps other German legal historians in the first half of the twentieth century had simply not yet done much in the territories covered by Frölich, the spaces and buildings where law and justice got their form. Surely Karl von Amira (1848-1930), the founder of legal archaeology and legal iconography, had collected relevant objects for these fields. He had indeed thought about creating an atlas for both subjects. Eberhard von Künßberg (1881-1941) looked more at legal gestures, no doubt inspired by the materials he encountered in directing the creation of the Deutsches Rechtswörterbuch. Claudius Freiherr von Schwerin (1880-1944) even published from Von Amira’s papers an Einführung in die Rechtsarchäologie (1943). Von Schwerin had become deeply involved with the Nazi’s soon after 1933. The Swiss scholar Hans Fehr (1874-1961) who had studied in Germany, focused on the representation of law in the arts.

How does Frölich’s collection compare with other image collections in the field of legal iconography? The images in Von Amira’s collection in Munich most often show objects, not actual locations and buildings. The image database at Graz puts images somewhat arbitrarily into legal categories, but you can also use the free text search, and anyhow this collection is much smaller. The database RechtsAlterTümer – online of the Austrian Academy of Sciences does cover both objects and locations, but it is geographically restricted to Austria. Today I could not reach the database at Zürich due to some vague technical error. I leave it to you to check and compare all twelve collections, but only after looking at least briefly in the Dutch database at the Memory of the Netherlands where the postcard from Nijmegen in Frölich’s collection is not to be found. The Dutch collection does show for Nijmegen much more than only the court room of the old town hall. In particular the bibliographical references are very useful. Frölich’s research notes, however succinct sometimes, are an asset missing in other collections.

In the country where during the nineteenth century history was refashioned into a an academic discipline there are more resources with images and photographs of historical buildings and objects. On my own page for digital image collections – where you can find the twelve online databases for legal iconography as well – I list a dozen online resources for Germany. The Bildindex der Kunst und Architektur, one of the services at the Bildarchiv Foto Marburg, is a search portal for several million images from major German cultural institutions, including for instance photographs from the holding of the Germanisches Nationalmuseum in Nuremberg. You can get some impressions of the sheer scale of the photo collection of this museum when you search for a pillory (Pranger) and receive more than 600 results. The Bildarchiv of the Deutsches Historisches Museum in Berlin and the Deutsche Fotothek (Sächsiche Landes- und Universitätsbibliothek, Dresden) are other major German nationwide resources. In my view it is not only possible and feasible, but necessary to use images and information from other resources to supplement and check whatever you find in the Frölich collection.

Balancing questions and materials

At the end of my post it might seem that the background of the Frölich collection got too much attention instead of its own scope and value. Including a paragraph about Dutch towns and thus making this post still longer was certainly a personal choice. I will end here with some remarks about the way to use Frölich’s publications and images for modern research in the field of German history and geography. The Landesgeschichtliches Informationssystem Hessen (LAGIS), created by the Hessisches Landesamt für geschichtliche Landeskunde and the Universität Marburg, is a very substantial portal to the history, cultural heritage and geography of the Bundesland Hessen. At this portal you can use maps, search for digitized resources, thematic dictionaries, use a bibliography and a web repertory, and last but not least search for images and books concerning many themes, among them for example the topography of the national socialism.

In the section Gerichtsstätte in Hessen [Places of justice in Hessen] Wilhelm Eckhardt has created a database with both a simple search mode and a very detailed advanced search mode. In more than hundred cases the references include works by Frölich, or they show photographs he published. The digitized images of the Frölich collection and his notes are no doubt a valuable addition to the materials at this portal. I did look for similar online portals for other German regions, but until now Hessen seems the only example to include material remains of legal history. Here, too, I would adduce information from other image collections to get a more complete picture, but in itself the database for Hessen is a valuable new research tool.

The twentieth century was an age of extremes (Eric Hobsbawm), and legal historians did not escape from its threats, terrors and destruction. The twelve years of the Nazi regime had a great impact on German lawyers and historians, on the ways they looked at Germany’s history, and in some cases abused and stained it. This image of utter darkness has sometimes helped in keeping scholars away from legal ethnology and legal iconography.  With knowledge of the background of Frölich’s work you can start new research following his steps. Diligent and discerning research can benefit from a number of his works and the example of his sustained efforts to study the visual powers of law and justice. Using the wide variety of German image databases and for Hessen its exemplary database for regional history and geography, and at many turns benefiting from the resources and research of the Max-Planck-Institut for European Legal History at Frankfurt am Main, you can gain new insights for research in a fascinating scholarly discipline which enriches our understanding of the impact of law and justice.

Everything but law? On revisiting portals for medieval studies

Logo Reti MedievaliHowever vast the variety of all possible sources of information on Internet, and however strong the seduction of One Tool to Find Them All, there has always been a need for gateways and portals to find your way to specific subjects. The field of medieval studies has been lucky to benefit since many years from some great virtual portals and gateways. Some have become my favorites, others I visit only rarely. Lately I realized I use at Reti Medievali only the Calendario, its calendar of scholarly events for searching events linked to legal history which I gather at the congress calendar of my blog. Reti Medievali translates literally as “medieval nets”, because the information of this portal is literally located at a number of separate websites. Can you fetch in medieval law with any of these nets? How does Reti Medievali compare with some other portals and gateways? At least some parts of Reti Medievali can be viewed not only in Italian, but also in English, French, German and Spanish. In the second part of this post I will look at a most valuable contribution to the history of medieval law, the online version of a multi-volume publication published last year. For me its presence at Reti Medievali was a welcome trigger to have a broader look at this portal, to write about it and to compare it with some of its companion portals.

Fishing the seas of medieval studies

Reti Medievali (RM) started in 1998 as an initiative of scholars at five Italian universities to support and unite medieval studies both in the real and the virtual world. RM has even its own society. Since 2001 RM worked also with scholars outside Italy. Nowadays you might see Reti Medievali as a fleet, with on its ships a library, an events calendar, teaching tools, e-books, essays, an internet guide for medieval studies and its own online journal. At RM the section RM Memoria has the least transparent title, but it offers a concise bibliographical introduction to the medieval history of Italian regions and a number of Italian medievalists, and also a small section with three medievalists from abroad and a corner for medieval Spain. Among these scholars are some famous legal historians, for example Carlo Guido Mor, Pietro Torelli and Giovanni Tabacco. Reinhard Elze figures among the three non-Italian medievalists.

My first port of call at Reto Medievali should be the Repertorio. Here you can find at a general level overviews of the situations of medieval studies in eight countries, an overview of scientific journals, and nearly thirty introductions on a number of subjects and themes. Each introduction contains a – sometimes elaborate – sketch on its subject, and then proceeds to relevant sources in archives and libraries, editions, online resources, and closes with a bibliography. Legal history is certainly present here. The report by Riccardo Rao on Le risorse colletive nell’Italia medievale (2007) deals with recent scholarship about communal goods and several forms of medieval commons; Italy gets the main focus, but Rao provides also some references to other countries. Primo G. Embriaco dealt in 2006 in a similar way with the Regnum Italicum and with the power of lords in Italy from the ninth to the thirteenth century. In both introductions he mentions law at a few turns. Enrica Salvatori only mentions statutes in her essay on La civiltà comunale italiana [The civilization of the Italian comune], and apart from the useful references concerning municipal statutes law is nearly absent as a primary subject. Anyway, updating this introduction written in 2003 would be sensible. Tommasso Duranti gives an introduction to late medieval diplomacy (2009), and Nicola Lorenzo Barile deals with Credito, usura, prestito a interesse [Credit, usury, loan with interest] (2010). Reti Medievali could score much higher here if they had not presented the general theme overview with a plugin that your browser might not support in any language version. Translating the titles of the contributions for a number of items within the general scheme would be a most desirable and not too difficult service.

A tour of medieval portals

Instead of being content with such criticisms I prefer to look now first at some other well-known portals and see whether they give more space, a wider view or a more up-to-date treatment of matters concerning medieval law and justice.

Logo MénestrelCan the minstrel of the French portal Ménestrel convince us to visit it regularly for information about medieval law? Luckily there is an English version of many pages, or at least an introduction in English, and in some cases a clear promise to translate particular pages. Ménestrel started as an offspring of the journal Le médiéviste et l’ordinateur (1979-2007), one of the earliest journals concerning the use of computers for medieval studies. Ménestrel wisely admits it will not try to outdo websites which fulfill all possible wishes about a subject, but instead this portal will refer to them. Alas this promise is not kept for the field of medieval law. Although this subject does show up many time when you use the free text search (droit) there is no attempt for a general overview. However, implicitly you can reach legal subjects by looking at the auxiliary sciences (palaeography, codicology, diplomatics) and some of the classic sources such as charters and cartularies. These sections rank with the best guides in this field. In its early days there was a fine section on medieval canon law maintained by Charles de Miramon (Paris, EHESS). but eventually this section was removed. Among the few spots at Ménestrel with space for ecclesiastical law was the section on histoire religieuse, but alas that section, too, is now defunct.

As a ray of light is the recent inclusion at Ménestrel of juridical documents in the section for Paris médiéval. In the section with documents you can learn about documents normatifs, sources such as ordinances, and sources judiciaires, in particular sources about the judiciary, but strangely also customary law. However great or small these deficiencies at Ménestrel, it is great to have this guide to medieval Paris. Ménestrel is wonderful for its country overviews of medieval studies and the overviews of archives and manuscripts, and there is also a section on teaching medieval history.

Logo MediaevumAt the German portal Mediaevum, the great online gateway to medieval Germanic languages, it is only in the large section for dictionaries (Wörterbücher) that legal matters come to the surface. Gerhard Koebler (Innsbruck) has created online versions of several of his dictionaries, among them one for medieval High German (Mittelhochdeutsch). Koebler’s website is a veritable portal to Germany’s legal history. Of course Mediaevum mentions the Deutsches Rechtswörterbuch, a project described here in a post last year. A promising link to a bibliography about Jews in medieval Europe is actually broken, but I did arrive at the Arye-Maimon-Institut für Geschichte der Juden (Universität Trier) and at a project led by Christoph Cluse concerning Medieval Mediterranean Slavery which does contain both a bibliography and a bibliographical database.

Logo ORB

There are several medieval portals with an exclusively English interface. The ORB (Online Resource Book for Medieval Studies) is one of the oldest still working portals. For this portal Brendan McManus created a concise section for medieval law, with reference to online version of Roman law texts, bibliographies for Roman law and canon law, and some links. The Labyrinth (Georgetown University) used to be a substantial gateway to medieval studies, but in its present clear design it is just a web repertory with commented links, lacking law as a general category. The number of relevant law links to be found with a free text search is meagre. Some links lead to the Medieval Sourcebook (Fordham University). This university in New York has placed this project conceived by Paul Halsall on a legacy subdomain, but you can still find here a splendid selection of sources in English translation for many subjects and themes, including medieval law and justice, for example about feudalism; the introductions, too, are interesting. However, The ORB and The Labyrinth do not attempt at covering the whole field of medieval studies. You will look in vain for an events calendar, a discussion forum or an online journal.

Logo Netserf-Law

This parade of American portals for medieval history would not be complete without NetSerf, a classic web repertory for medieval studies. Its choice of general subjects is balanced, and every link is accompanied with a concise introduction. The section on medieval law has a main overview and seven subsections, one for documents and the six others for barbarian laws, criminal law and punishment, canon law, Roman law, the English common law and Spanish law. Some pruning might be needed. A nice example is a Carolingian capitulare, a law from 802 figuring among the “barbarian laws”, the “national laws” published within the territories of the Roman Empire between roughly 400 and 750 A.D. Thanks to further subdivisions the section on the medieval period English common law is thoroughly useful. The cross-references are often helpful, and NetSerf is certainly worth visiting.

Let’s not forget here the Online Medieval Sources Bibliography which often mentions translation, too. I should have added this reference to my recent post about digitized manor rolls at Harvard Law School, because in this resource you can search directly for editions of particular types of documents. The Avalon Project at the Lillian Goldman Library of Yale Law School has in its section for medieval documents (400-1399) some thirty legal documents and sources, most of them in English translation.

I would have been most happy to show you here a portal to medieval studies from the Netherlands and Belgium, but alas I cannot give you an unqualified example. The website of the Onderzoeksschool Mediëvistiek, the Dutch research school for medieval studies is strong in bringing news and information about scholarly events, as is its Flemish counterpart, the Vlaamse Werkgroep Mediëvistiek. The Contactgroep SIGNUM deals with the social, economic, legal and institutional history of Dutch and Flemish ecclesiastical institutions, but even the fine list of web links does not make this website into a portal site. The Francophone medievalists in Belgium have surely their useful society blog, and also the well-informed L’agenda du médiéviste, but as for now they have not yet launched a portal.

Banner Mittelalter blog

In Germany you will find in particular online tutorials for medieval history, for example Mittelalterliche Geschichte (Universität Augsburg), an online tutorial at Tübingen, and a Leitfaden Mittelalter at the e-Studies website of the Universität Köln. Within the Hypotheses network of scholarly blogs the Mittelalter blog has quickly gained a central role. This blog is close to current scholarly events and contributions. In a tree structure for scholarly disciplines at this blog legal history gets a niche in the section for Spezialgebiete (“special areas”), together with the history of medieval philosophy, religious orders and prosopography, surely nice company, but also a bit surprising. This tree has some other remarkable juxtapositions which gives you food for thought. Whatever you might think about this blog with its substantial blog roll, Martin Bertram did not hesitate to publish here last year an article about legal quaestiones from mid-thirteenth century Paris.

The results of this quick tour from a particular perspective are relatively clear. Ménestrel offers scattered information about legal history, but it almost turns the balance with the sections for the auxiliary sciences and its most valuable online guide to medieval Paris where legal records get judicious space. Mediaevum offers less relevant links than Ménestrel, but some of them are really useful. Thanks to its concise sections on medieval law the ORB Net scores better than the Labyrinth. NetSerf scores nicely with its section on medieval law which brings you to further sections with links, basic comments and cross-references. Paul Halsall’s Medieval Sourcebook and Yale’s Avalon project have both substantial attention for medieval legal history, and often they give you quick access to translation in modern English of important legal sources. A round-up of Dutch and Belgian websites did not add much to this tour, although all of them have at least one useful element. In Germany we saw a number of online tutorials for medieval history. The tree structure of the important Mittelalter blog left us somewhat bewildered about the role it accords to legal history.

Summa summarum

At the end of this post I bring Reti Medievali again into view. In my opinion this portal shines out for the sheer range of sections and approaches. Mediaevum is perhaps even better, but it is restricted to the Germanic languages and literature. Ménestrel satisfies many needs and it is strong on some fields with traditional importance for legal historians, but a general section about medieval law is sadly lacking, as are pointers to better resources. The absence of legal history is precisely more visible because the sheer width of disciplines is stunning, and some of these sections are truly superb. Italian medievalists can benefit for the auxiliary sciences from the Scrineum project at the Università degli studi di Pavia, and thus it does not matter so much that the Repertorio of Reti Medievali does have only one section from 2003 on this subject.

I f you create a grid with a number of fields for elements at these portals, such as sections for various disciplines with guides and bibliographies, an event calendar, news, a blog, a digital library, teaching tools and a scholarly journal, preferably in open access, you can quickly see which portal meets most demands. Even though it does not offer you everything in this list, Reti Medievali trumps the other portals when you look primarily for sheer width. Of course I realize that you will often go from one portal to another, and in fact I have set out here how to do this for medieval legal history. RM has a digital library and an online journal, RM Rivista appears since 1999. This journal is supported by Firenze University Press which publishes more journals in open access.

RM e-Book, the series of digital publications, is published also in cooperation with FU Press. The twenty books so far published in open access often touch upon subject related to legal history. Political history, political theory and the interplay between secular and ecclesiastical powers are the main subjects. No. 19 of the series is in itself reason enough to start having a closer look at RM, and in fact this spurred me to start writing this post. The four volumes of Honos alit artes. Studi per il settantesimo compleanno di Mario AscheriPaola Maffei and Gian Maria Varanini (eds.) (2014) are a Festschrift for one of the most versatile contemporary scholars in the field of legal history. These laudatory volumes for Ascheri (1944) deal not only with medieval Italy, but also with towns and cities in Early Modern Europe, the cultural dimensions of the history of law in Europe, and also contemporary law and institutions in Europe and America. The overview of the contents will reassure you immediately of the presence of contributions in English, German and French side by side with articles in Italian. Medieval consilia, Siena and Tuscany, to mention some of Ascheri’s beloved themes, are often addressed by the authors, but in fact you will find articles touching many corners of Europe. The online versions are not just helpful for everyone without access to the printed version, but give you the possibility to search quickly for your own favorite themes and subjects.

The gist of my post is clear: instead of staying with one portal it can be most useful to look elsewhere, sometimes for specific questions, sometimes because of sheer curiosity or the expectation of interesting news just outside your normal fishing grounds. In my experience you will surmount the difficulties of other languages whenever your interests are really awakened. When you come back from one of these portals you might turn to the mighty volumes of the great Festschrift for Mario Ascheri, and find at every turn new aspects of medieval and later legal history. The four volumes build an impressive plea for the importance of legal history, meriting not just a room of its own in the mansions of history, but more convincingly as core connections between periods, subjects and themes.

A postscript

The staff of Mittelalter blog received my remarks about the tree structure with Spezialgebiete (“special areas”) with interest. They did indeed change the tree structure, and it looks now more convincingly. Legal history (Rechtsgeschichte) is now a an element of history (Geschichtswissenschaft).