Tag Archives: Medieval procedure

Between French and Roman law: Li livres de jostice et de plet

Image of the Livres de jostice de plet - image source: ENC / BNFA few days after the celebrations of Quatorze Juillet, the French national day, I looked in the digital library with editions of the École nationale de Chartes, one of the French grands établissements, the famous school for the training of archivists and palaeographers. Not only can you find here a heading Édition de textes juridiques, but the text edited here anew and online since November 2016, Li livres de jostice et de plet, belongs to the classic legal texts of medieval France. The edition appeared online in 2016. Interestingly this text survives in its entirety only in a single manuscript at the Bibliothèque nationale de France (ms. fr. 2844). The text shows clear influences of Roman law, a fact sometimes used to frown upon. How sensible is it to judge the value of its text depending on the presence or absence of influences? It seems useful to look at it here in some detail, also because the new edition curated by Graziella Pastore comes into its own thanks to an accompanying website with more information, a combination that could serve as a model.

Between two laws

Li livres de jostice de plet is a treatise written in Old French and composed in the mid-thirteenth century in the Orléanais, the region around Orleans. Its twenty chapters follow the divisions of the Digesta Iustiniani: The chapters 1 to 10 follow the Digestum Vetus (D. 1 to D. 24.2), chapters 11 and 12 correspond with the Infortiatum (D. 24.3-D. 38), and the remaining chapters 13 to 20 with the Digestum Novum (D. 38-D. 50). The university of Orleans was famous for its law faculty, a fact which came into new light only since the twentieth century in research conducted at Leiden. I will refer to both universities later on.

In the edition published in 1850 by P.N. Rapetti – online in the Internet Archive – the parts of the chapters which contained translations of the Justinian Digest had been skipped. The manuscript Paris, BnF, ms. français 2844 has been digitized (Gallica). Some rather prominent notes written in later centuries show up on the cover and the first pages of the black-and-white digitized microfilm. The description of the edition explains that two other manuscripts have been adduced to complete textual lacunae in the part corresponding to the Infortiatum.The manuscript Bordeaux BM, 354 can be consulted online in the Selène digital library of the Bibliothèque Municipale in Bordeaux, but I could not find an online version of the other manuscript, Rouen BM 794. The use of these manuscript reminded met about my post last year about medieval laws in translation where I did not mention the Livres de jostice et de plet. In the online Catalogue collectif de France you can restrict your search to manuscripts and archives, and you will find in it information about both manuscripts, although this often leads you only to the nineteenth-century Catalogue général. On the other hand, the information about the manuscript BnF, ms. fr. 2844 given in the online edition is also very general. In the new edition all paragraphs with direct translations from the Digest are given in blue print.

In my earlier post I referred to the online bibliography of the Dictionnaire étymologique de l’ancien français (DEAF), and this time I was much more aware how succinct the information it gives is. Interestingly there are two articles for the Livres de jostice et de plet, the first for the old edition without the Digest fragments, the second for those parts taken over from Roman law edited by Pastore. The entry in the DEAF points even to some mistakes in her edition.

Another rather elemental thing jumped into my face: How should one translate the title of this treatise, and where do we find online information about Old French? Jostice is clearly to be associated with justice, but plet is not a quite transparent word. Luckily a number of French dictionaries can be consulted online, including those for medieval French. The ATILF platform leads you to research projects, digital text corpora and dictionaries such as the Dictionnaire du Moyen Français for medieval French between 1300 and 1500, and the bibliography for the Godefroy, the nickname of the Dictionnaire de l’ancienne langue française et de tous ses dialectes du IXe au XVe siècle edited by Frédéric Godefroy (10 vol., Paris 1880-1905), digitized in the Gallica digital library of the BnF. It is also very nifty accessible at Lexilogos with an option to switch dictionaries. Godefroy brings you to the word plait, with as its primary meaning “accord, convention, traité”, but also “procès, querelle, jugement, discussion”, to mention only the most relevant meanings. The compact dictionary edited by the famous linguist A. Greimas, Dictionnaire de l’ancien français jusqu’au milieu du XIVe siècle (Paris 1968) gives for plait seven main meanings with brief examples.

The etymology of plait is revealing: Plait stems from placitum, explained in the lemma plaid as being conform to the will. In Italian legal history the placita are charters with verdicts which contain in a number of cases formulaic references to Justinian’s Digest. Only in the eleventh century such references clearly point to actual use of the Digest. The online version of the DEAF with a preliminary version of the letters G to K gives a very elaborate lemma for justice and its various spellings. It is seducing to translate the title of the treatise with an alliteration, The Book of Justice and Judgment, but “The Book of Justice and Procedure” seems a reasonable translation.

The second website

Banner "Li livres de jostice et de plet"

On purpose I wrote the first part of my post without using the accompanying website, in the hope it will correct some of my findings and anyway tell us much more than I can do here. However, I cannot hide some mixed feelings in my first impressions. The second website is to a large extent a kind of pilot project for the proper use of meta-data. In fact in the introduction Pastore states this clearly. With just twenty titles in the bibliography and five persons discussed in the biographical section this seems too much of a good thing, especially when you see the wide range of possible output forms and the thoughtful addition of preset links to a host of websites, catalogues and digital libraries. Pastore mentions at the second site only the 1918 offprint of an article by Henri Stein, ‘Conjectures sur l’auteur du Livre de jostice et de plet’, Nouvelle revue historique de droit français et étranger 41 (1917) 346-382, but it figures correct in the bibliographical section of her introduction to the online edition. Stein’s contribution is not included at all in the online Bibliographie d’histoire du droit en langue française (Université de Lorraine, Nancy). The bibliography at the second website consists of printed and online editions of archival resources and texts, but the critical studies do not figure in it. The DEAF bibliography refers to a short article by Jaana Seppänen, ‘”Livre de jostice et de plet” – un texte à rééditer?’, Neuphilologische Mitteilungen 91 (1990) 153-156. The references in Stein’s article were used as materials to give some bones to this prototype website.

The section Le manuscrit brings you to an embedded version of the digitized microfilm of the manuscript, and to a link for the description of it in the Jonas database of the IRHT at Paris-Orléans. This database with a repertory of medieval manuscripts with texts in medieval French and Occitan gives a short description of the manuscript in the BnF – essentially: written on parchment, 200 folia, dimensions: 350 x 270 mm; language: French (langue d’oil); datation: 1260-1275; origin: Orléanais-Île de France, and the incipit of the main text – and refers for more details to an upcoming article by Graziella Pastore and [Frédéric] Duval, ‘La tradition française de l’Infortiat et le Livre de jostice et de plet’ in the Bibliothèque de l’École des Chartes, one of the oldest European history journals; it appeared in 2017 in BEC 121 (2013) 199-226. The issues from 1840 to 2012 can be consulted online at Persée. The entry in the Jonas database does not give the first name of Duval. You might want to check in the online bibliography of the Regesta Imperii how many medievalists share the name Duval! At Academia you can look at a poster created by Pastore concerning the matters to be discussed in the promised article, and even better, you can view online a registration of her lecture about Li livres de jostice et de plet given at the École nationale de Chartes on November 29, 2016 for the presentation of the online edition. The results she announces in her lecture make you impatient to read the full story. I will not give a complete spoiler here, but one of the elements which comes into focus is the role of medieval canon law.

The Jonas database does not indicate the presence at the start of the BnF manuscript of a royal ordinance from 1254 (fol. 1r-3r) and some chapters of the Établissements de Saint Louis at fol. 3r-4r, things duly noted by Rapetti. His introduction is certainly still worth reading. For further study of this second legal text the translation by F.R.P. Akehurst, The Etablissements de Saint Louis. Thirteenth-century legal texts from Tours, Orléans and Paris (Philadelphia, 1996) offers itself as a starting point. Of course Pastore should get credits for giving some information about five historical figures around the Livres de jostice et de plet, but you would want to have not only references to old editions or to Stein’s article. These persons were mainly officers with a royal charge, for example baillif (bailli), and their presence is suggestive. A recent essay by Bernard Ribémont, ‘Compiling and writing a legal treatise in France: the Livre de Jostice et de Plet’, in: News from the Raven: Essays from Sam Houston State University on Medieval and Renaissance Thought, Darci N. Hill (ed.) (Newcastle upon Tyne, 2014) 133-142, gives you an idea of paths to pursue. Ribémont does look in particular at the role of medieval canon law and the way canon law texts were translated and adapted in the Livres de jostice et de plet.

Between Paris and Orleans

In my view there is another fruitful way to approach these legal treatises, by paying attention to the university of Orleans. Only last year the online legal history journal Clio@Themis published a special dedicated to the theme La forge du droit. Naissance des identités juridiques en Europe (IVe-XIIIe siècles), “The forge of law. The birth of legal identities in Europe (4th-13th centuries)”, with an article by Kees Bezemer (Leiden), ‘Jacques de Revigny (d. 1296): Roman law as a means to shape French law’. His footnotes refer to a number of his own publications, including ‘French customs in the commentaries of Jacques de Revigny’, Tijdschrift voor Rechtsgeschiedenis 62 (1994) 81-112. Bezemer devoted a book to Revigny, What Jacques saw. Thirteenth-century France through the eyes of Jacques de Revigny, professor of law at Orleans (Frankfurt am Main, 1997). Custom law in the eyes of De Revigny is the subject of the thesis of Laurent Waelkens (Universiteit Leuven) defended thirty years ago at Leiden, La théorie de la coutume chez Jacques de Révigny: édition et analyse de sa répétition sur la loi De quibus (D. 1, 3, 32) (Leiden, 1984). Sadly the online bibliography at Nancy does not contain this study of Waelkens, and for Bezemer only one publication has been entered. Bezemer and Waelkens follow the lead of the late Robert Feenstra who had entered the paths first walked by Eduard Maurits Meijers (1880-1954).

We will probably have to look also at an earlier generation of professors at Orleans, to the predecessors of Jacques de Revigny and Pierre de Belleperche, such as Guido de Cumis and Jean de Monchy. In this respect and for a good balance I have to mention a study by Marie Bassano, “Dominus domini mei dixit. . . “; Enseignement du droit et construction d’une identité des juristes et de la science juridique. Le studium d’Orléans (c. 1230-c. 1320) (Ph.D. thesis, Université Paris-2, 2008).

There is a clear need to look past the blinkers! From my point of view there seems to be a gap between an outdated belief on one side that any influence of Roman law in French medieval legal history is harmful, perhaps because this legal system contributed to the power of the French kings, and on the other side the fact Roman law offered itself as a normative system with the possibility to give legal customs a proper place. The French kings had indeed strong ambitions to become as powerful as their English counterpart and the German emperor, and they, too, enlisted everything and everyone that seemed useful for that purpose, with or without explicit use of Roman law. The online edition of Graziella Pastore should indeed offer yet another stimulus to look again at France in the thirteenth century in an open way. Using the French translations of Meijers’ articles concerning Orléans and French law provided by Robert Feenstra and H.FW.D. Fischer [Études d’histoire du droit (4 vol., Leiden 1956-1973)], and the studies of Bezemer and Waelkens, often accessible in French, give us the critical mass to do this. Let’s hope Pastore quickly puts things in order at the second website and brings us the promised new article in the Bibliothèque de l’École des Chartes which should do justice to the almost two centuries long tradition of the École nationale des Chartes.

A postscript

On September 22, 2017 Kees Bezemer will retire from Leiden University after 42 years. A meeting in his honour will be held at the Law Faculty.

Graziella Pastore kindly provided me with complete information about her article which finally has been published. The second website is indeed a prototype she built around Stein’s article. Pastore pointed me also to the description of the manuscript at the BnF in the Miroir des classiques project of Frédéric Duval at the École nationale des Chartes.

From rules to cases in medieval canon law: A tribute to Charles Donahue

Banner Cause Papers - Histiry Online and Borthwick InstituteWhen you would ask me to single out any legal historian for his or her versatility, path-breaking articles and books, stimulating teaching and generous help I would answer that choosing anyone would mean that I seriously underestimate the qualities of a lot of other fine scholars. On November 29 Harvard Law Today published an article about the honours lately bestowed upon Charles Donahue. In October a conference was held to celebrate his efforts in the field of legal history, both for the history of the common law and medieval canon law. This last field offered me the original impulse to start my blog, and therefore it is fitting to create space for a truly great scholar.

John Witte, Sara McDougall and Anna di Robilante edited a Festschrift called Texts and Contexts in Legal History: Essays in Honor of Charles Donahue (Berkeley, CA, 2016). Remarkably this volume does not yet figure on the website of the publishing institution, the Robbins Collection at Berkeley’s School of Law. Its website might be in the midst of a substantial makeover, including the launch of a new website for the manuscript catalogue, but this surely is an omission, yet another reason to get into action here. In this post I will focus mainly on Donahue’s work for the history of canon law, but you will not mind reading some remarks about other periods and themes which received and receive his attention. A third reason for writing this post is the opportunity to look at two most interesting projects for digitizing archival records which form a wonderful window to the practice of medieval canon law.

Taking the plunge

Photo of Charkes Donanhue - source: Harvard Law SchoolMy most vivid memory of Charles Donahue is the way he presented a paper at the International Congress of Medieval Canon Law in 1996 at Syracuse, NY. He commented on the needs to combine the qualities of research into legal doctrine, ecclesiastical institutions and social history. The three of them benefit immensely by being studied together, not in isolation. Of course this is a huge challenge, but Donahue memorably ended saying: “Let’s get out here and do it!” He did indeed exactly what he announced. One of the challenges is having the courage and stamina to work at all in a field like the history of medieval canon law which is both utterly fascinating and bewildering in its complexity. Critical text editions are still scarce, and you might be the first scholar since decades to look at particular manuscripts, or literally the first in centuries to study archival records.

Cover Charles Donahue "Law Marriage and Society in the Later Middle Ages - source Cambridge UP

In order to assess the possibilities to use archival records from medieval church courts Donahue set out to create a survey of these records with reports by a team of scholars from all over the world, The Records of the Medieval Ecclesiastical Courts: Reports of the Working Group on Church Courts Records (2 vol., Berlin 1989-1994). Earlier on he published with Norma Adams Select Cases from the Ecclesiastical Courts of the Province of Canterbury, c. 1200–1301 (London 1981; Selden Society Publications, 95). A recurring theme in a number of his publications is medieval marriage. In 2008 Donahue’s great study Law, Marriage, and Society in the Later Middle Ages: Arguments about Marriage in Five Courts appeared. Cambridge University Press provides online access to some 300 additional pages with notes and texts. The five courts in this work are York, Ely, Paris, Cambrai and Brussels. At his Harvard homepage you can download Excel sheets from the databases with the materials from these courts. Sharing these data with other scholars is wonderful when you realize how much work it takes over many years to prepare these materials before you can execute the kind of study Donahue did.

Projects at York

For one of the dioceses Donahue studied in his great book about medieval marriage, law and society you can now access documents online. Surprisingly there are even two connected projects which bring you to ecclesiastical justice in the medieval archdiocese of York. The first project to come online was The Cause Papers in the Diocesan Courts of the Archbishopric of York, 1300-1858, the fruit of cooperation between the University of York, in particular the Borthwick Institute for Archives, the Andrew Mellon Foundation, History Online and JISC. The Borthwick Institute provides you with background information about the digitized records. It is also instructive to read entries at the project blog which ended in 2011 with the launch of the database. The Cause Papers can also be searched online at the portal Connected Histories. It is a bit weird to see at this portal the label Local records applied to both the Cause Papers and the Proceedings of the Old Bailey. It is precisely a strength that they are also important sources for local history, but they can bring those investigating them much more.

The core of the project for the York Cause Papers (CP) is the database which allow you to search more than 15,000 cases from many perspectives. For a number of cause papers images are provided, but I cannot determine the algorithm or human reasons behind the selection. Looking for cases after 1500 can bring you to images of the records involved. Earlier on the Borthwick Instituted had published guides to the cause papers, W.J. Sheils, Ecclesiastical Cause Papers at York: files transmitted on appeal 1500-1883 (Borthwick Texts & Calendars 9, 1983), D.M. Smith, Ecclesiastical Cause Papers at York: the Court of York 1301-1399 (Borthwick Texts & Calendars 14, 1988), and D.M. Smith, The Court of York 1400-1499: a handlist of the cause papers and an index to the archiepiscopal court books (Borthwick Texts & Calendars 29, 2003). At the website of the Borthwick Institute is also a very useful guide to records from other courts at Carlisle, Chester, Durham, Sodor, the diocese of the Hebrides, and Man, all of them, however, for the period after 1500. The database of the Cause Papers brings you to summarized information about the cases dealt with in these records. If you want to look in it for matrimonial cases you will see at least 1,600 cases from four centuries. A search with the keyword matrimonial brought me 241 results between 1300 and 1500. Donahue prepares for the Selden Society the volume Select cases from the ecclesiastical courts of York, 1300-1500 which will contain some 400 cases from the Cause Papers.

Logo York Archbishops'Registers RevealedThe medieval records themselves are at the center of a second project at York, York Archbishops’ Registers Revealed, The digitized registers cover the period 1225 to 1646. The contents here are much wider than only legal cases, but they, too, appear. As one of the showcases in the background information you can look at documents concerning the divorce of king Henry VIII from Anne of Cleves in 1540 (Abp Reg 28, f. 142r). For this project 32 registers have been digitized (Abp Reg) and also five Institution act books (Abp Inst AB) from the sixteenth and seventeenth century. You can browse a particular register and browse for people, religious institutions and groups. locations and subjects, or use the free text search field. A simple search for marriage yielded some 300 results. Supplementary indexes exist already for three registers. These indexes are rather important. When you look under A for Anne of Cleves she is absent in the database because in the standard view only input from indexed registers is shown. You cannot reach directly for records for people not included in these indexes. It is evident that the case from 1540 was found using earlier indexes, and primarily the historical overview of matters at the beginning of a register. The need for indexing some forty registers with 21,000 digitized images is clear and just as important as compliance with IIIF, the initiative for interoperability between images from various sources, rightly advocated in this project. Having the digitized images in front of you on your screen is great, but some of the classic activities of the historian’s craft are still indispensable, if only for deciphering the texts. Maybe I can seduce you to have a look at ‘Under a magnifying glass’, a recent post on my second blog Glossae concerning juridical glosses from the twelfth century, where I compare a number of online tutorials for medieval palaeography. By the way, the Borthwick Institute has also started digitizing seventeenth-century visitation records from York.

consistory-concordia

For yet another diocese in medieval England, London, you can consult at home records thanks to the Consistory database created by Shannon McSheffrey (Concordia University, Montreal) using registers covering the periods 1467-1476 and 1487-1496. The database contains transcriptions and translations of documents for this last period. McSheffrey helpfully provides a generous bibliography of modern scholarship about late medieval civil and ecclesiastical courts in England. McSheffrey provides introductions to major themes in the cases from London, such as defamation, marriage and divorce, tithes, testaments, clerical behaviour, and matters as debt and perjury. You can approach the cases directly or look for specific subjects, people, locations, and also for depositions. The variety in possible approaches to these records is not new for those already familiar with medieval canon law, but surely this range of subjects covered by ecclesiastical law should make more people curious about canon law.

Among the supporting institutions of the Canadian Consistory project is the Ames Foundation, since many years led at Harvard by Charles Donahue. One of the online resources of the Ames Foundation are the page proofs of The Register of the Official of the Bishop of Ely: 21 March 1374 – 28 February 1382 edited by Marcia Stentz and Charles Donahue. I had used the word opus magnum for Donahue’s book on the comparative history of medieval marriage courts, but this edition deserves this description, too. Marcia Stentz’ calendar of the Ely register formed the starting point for a full critical edition. As an asset the Ames Foundation has also put online digital images of this register [Cambridge, Cambridge University Library, Ely Diocesan Records, EDR D2/1]. Establishing a correct numbering of all pages in this register is just one of the myriad things needed to pursue the long road to the final edition. At the first folio the Ely register has the heading Registrum primum causarum consistorii episcopi Eliensis (..), but this register does not contain solely cases heard in an ecclesiastical court. Other tasks and actions of an officialis, the episcopal judge, come into view, too.

I leave it to my readers to see for themselves the recent additions concerning medieval canon law among the online publications of the Ames Foundation, a remarkable feature of a society promoting the history of English law! You will also spot Charles Donahue’s name for his support for the online edition of Appeals to the Privy Council from the American Colonies: An Annotated Digital Catalogue, edited by Sharon O’Connor and Mary Bilder, but his work for the Ames Foundation reaches beyond specific editions.

Editions in the digital age

When reading this contribution you will notice with me a great variety in editorial approaches for online editions or presentations of late medieval church court records. The Cause Papers of York are accessible in a database, but you will find for cases before 1500 only detailed summaries of cases. The range over the centuries is great. I would view it as a search tool. York Archbishops’ Registers Revealed does give you access to digitized images, but the online indexation of the records has not yet been completed. Here you will need medieval and Early Modern palaeography, and you have documents from an even longer time span. The Consistory database for diocesan records from London offers you detailed access to transcriptions and even translations, but for just one decade. Here you can quickly focus on the cases. The edition of the Ely register is certainly both a classic edition enhanced with images, and in a way it is in a class of its own. The context of an ecclesiastical judge during eight years is here right in front of you. Depending on your personal interest as a scholar or teacher you will sometimes prefer a full edition, to provide either students with a quick road to a first encounter with a source, or inversely make the importance of auxiliary sciences clear by showing images of historical records. Each approach is to some extent perfectly valid and valuable. Space forbids me to discuss here the editions by Monique Vleeschouwers-Van Melkebeek for Cambrai and Brussels of records of the officialis, let alone her work on Tournai with probably the earliest surviving records from the late twelfth century. Donahue does use these sources, too.

At the end of this contribution I am sure that Charles Donahue would very much want to make this extensive comparison of editions in print and online. Of course I could only point to some aspects of Donahue’s work. It makes me eager to look at his work in more depth! Studying medieval law is one of the means to discover the great differences of law and society in place and time during a millennium. It teaches you to be wary about rapid generalizations and labels. I confess to be charmed and sometimes very much moved by the records of medieval courts and the way they can be made tell-tale witnesses of society at large, of life in all its dimensions, of people trying to lead their lives. Somehow human interest is the greatest when you see people facing the machineries of the law, be they cunning plaintiffs, helpless defendants, shrewd or wise lawyers. In its best incarnations as in the work of Charles Donahue studying and writing about medieval canon law is both part of legal history and the humanities.

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 canon 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.

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.

A new start in medieval canon law

Pope Boniface VIII knew exactly how important the choice of the right opening words was, especially for such publications as his decrees, encyclical letters and decretals. His decretal Rem non novam (Extrav. comm. 2.3.1) issued in 1303 gives its name to an event signalling a development that is partially new and partially a continuation, the restart at New Haven of the Stephan-Kuttner-Institute of Medieval Canon Law. An inaugural conference which takes its name from Boniface VIII’s decretal will be held on May 21 and 22, 2015. New Haven was home to the institute from 1964 to 1970 when Stephan Kuttner, its founder, hold a chair at Yale University. His institute has figured already several times at my blog. It seems right to bring in this post also to your attention the call for papers for the Fifteenth International Congress of Medieval Canon Law, to be held in Paris in July 2016. Both events are mentioned in the congress calendar of my blog, but in my view they merit more attention.

A new start

Banner rem non novam conference at New Haven

Stephan Kuttner (1907-1996) founded the Institute of Medieval Canon Law in 1955 at the Catholic University of America in Washington, D.C. In 1964 Kuttner moved to New Haven, and in 1970 he brought the institute to Berkeley, CA. In 1991 the institute moved officially to Germany. In 1996 the library arrived at the university of Munich. I was involved in the restart of the IMCL at Munich, in particular for creating a catalogue of the books in Kuttner’s library, a task done with the gracious support of the Monumenta Germaniae Historica. Elsewhere on this blog I wrote more about the creation and wanderings of the IMCL. In a way Its travels symbolise the crossing of borders necessary in studying the history of medieval canon law. Stephan Kuttner had to cross the borders of many countries, not only for his research but also to find a home for himself and his family. The IMCL is supported by an institution with a long Latin name, the Iuris Canonici Medii Aevi Consociatio (ICMAC) or International Society of Medieval Canon Law.

In 2013 the IMCL returned to the United States, back to New Haven, Connecticut. Yale University offers again hospitality to this institute, now at the Lillian Goldman Law Library. Apart from books the library of the IMCL contains several collections, especially some 8,000 offprints of scholarly articles, several hundred microfilms both from the original holdings of the IMCL and from scholars such as Gérard Fransen and Rudolf Weigand, and Kuttner’s vast scholarly correspondence. At the Yale Law Library efforts have started to make all these riches better accessible. At the Munich website you can access – in English or German – the library catalogue, the offprints catalogue and the database for twelfth-century decretals based on the research done by Walter Holtzmann and other scholars. To the items in the library and offprints catalogues classifications will be added. The program for the critical edition of texts in the field of medieval canon law will be continued. The Bulletin of Medieval Canon Law, since 1971 an independent offsping of Traditio, is now published by the Catholic University of America Press.

To celebrate the return of the IMCL to Yale University and to underline its importance a conference and grand opening will be held on May 21 and 22, 2015, with scholars coming from all over the world. Rem non novam nec insolitam aggredimur, “we tackle a thing that is not new or unusual”, but in fact harbouring the IMCL is special indeed. At its consecutive homes it always added a number of unparalleled collections to its scholarly surroundings. An example: at Munich I catalogued in 1997-1998 for the IMCL ten publications concerning the Spanish scholar Antonio Agustín. I was hard pressed to find any library worldwide with at least half of these publications. The great variety of resources now present at New Haven are already reflected in the abstracts of the papers to be presented at the May conference.

Reuniting scholars every four year

Banner ICMCL Paris 2016

With Gérard Fransen (Université Catholique de Louvain) and other scholars Stephan Kuttner organized a conference about medieval canon law in Brussels in 1958. A second conference held in Boston followed in 1963, and a third in Strasbourg followed in 1968. Since 1968 these congresses are held every fourth year, alternately organized east and west of the Atlantic Ocean. The Fifteenth International Congress of Medieval Canon Law will be held at Paris from July 17 to 23, 2016. The Institut d’Histoire du Droit of the Université Paris-II (Panthéon-Assas) will be the host of this congress, with support from the Université Paris-Sud and other well-known research institutes in Paris.

Over the years a division of the congress into six sections has been developed. For many years research concerning Gratian occupied a separate section or at the very least dominated the section on sources and texts. However, in view of the steady progress of the edition of the first version of Gratian’s canonical collection this theme will surely return. Proposals for papers can be sent to callforpapers@icmcl2016.org before September 30, 2015.

It might seem carrying coals to Newcastle, but it might be actually important to look a bit closer to the proposed sections for the 2016 congress at its bilingual website. Sources and texts fall into the first section, and canonical doctrine into a section of its own, fair enough. The third section is reserved for institutions, legislation and procedure. The application and influence of canon law make up the fourth section. Relationships between law and theology are the subject of the fifth section, and the last section will deal with schools and teaching of law.

In my view this division shows very convincingly that medieval canon law was not something static and monolithic, even when dealing with eternal values and returning problems for a still united Christendom. Canon law had to react when new laws appeared that might be in conflict with the norms and values it enshrined. Legal matters did touch upon Christian beliefs and vice versa. In the twelfth century it was still difficult to distinguish at all between canon law and theology, and it would be shortsighted to tear them apart too early. Canonical influences can clearly be detected in the procedures of courts, even in courts of civil law. In medieval universities schools rose which defended particular positions about points of law, and of course views changed or gained the upper hand or lost their power. Canon law depended to a certain extent on revived Roman law, but it could as well change the impact of Roman law.

Continuity and change

The original decretal of Boniface VIII deals with a matter that should attract closer attention in the year with celebrations for 800 years Magna Carta. The decretal’s first sentence was “Rem non novam aggredimur, neque viam insolitam ambulamus”, words slightly changed by the organizing committee in New Haven. While borrowing from the preface to Cod. 3.1.14, this pope did change canon law. His decretal was a stepping stone in anchoring norms for valid legal procedure, ensuring that defendants had the right to be brought before a court. The clause of Magna Carta claiming the right to appear before a judge of one’s equals had not yet taken this step forward of granting anyone the right to receive justice in a well-ordered way. Due process is a characteristic of legal procedure shaped to considerable extent by developments in medieval canon law.

Scholars studying medieval canon law have not confined themselves to reading and analyzing only legal texts. Randy Johannesen wrote about the contemporary surroundings and consequences of the decretal Rem novam [‘Cardinal Jean Lemoine’s gloss to Rem non novam and the reinstatement of the Colonna cardinals’, in: Proceedings of the eighth international congress of medieval canon law, Stanley Chodorow (ed.) (Città del Vaticano 1992) 309-320]. Tilmann Schmidt published Der Bonifaz-Prozess : Verfahren der Papstanklage in der Zeit Bonifaz’ VIII. und Clemens’ V (Cologne, etc., 1989) about the steps taken against Boniface VIII himself. These are just two examples, but much more can be added to them, as a search within for example the online bibliography of the Regesta Imperii at Mainz can quickly confirm. Looked at in vitro medieval canon law looses its significance for legal history at large, but time and again it is possible to show its many and surprising connections not only with all layers of medieval society, but also with legal developments right until our century.

A mosaic of digitized medieval legal manuscripts

On this blog the twin brother of the walking historian is the armchair historian, comfortably seated at his desk in front of a computer screen, with access to a multitude of digitized sources online. Among these sources medieval legal manuscripts, too, are present. The ability to see a source in its original form can be fascinating, although at the same time you need to know about old scripts to read and interpret them correctly. On my website for legal history I mention a number of websites with digitized legal manuscripts, both for medieval law as a general subject and more specifically for medieval canon law. Some of the websites indicated offer solely digitized medieval legal manuscripts. In this post I will look at two digitization projects at the Università di Bologna, Europe’s oldest university, where the teaching of law was for centuries at the very heart of the university.

Progetto Irnerio

Logo Progetto Irnerio

The first project to be discussed is the Progetto Irnerio in which the legal manuscripts at the Collegio di Spagna (Real Colegio de España) in Bologna have been digitized. The collection of manuscripts was started by cardinal Gil de Albornoz (1310-1367) who founded this college in 1364 and gave 36 manuscripts to the library of his new foundation. The college has illustrious people such as Ignatius of Loyola and Miguel Cervantes among its students. In 1992 a team of scholars published a detailed catalogue of the sizeable manuscript collection, I codici del Collegio di Spagna di Bologna, Domenico Maffei, Ennio Cortese, Antonio García y García, et alii (eds.) (Milan 1992) which stressed the rich value of the nearly 300 manuscripts for the study of the history of medieval and early modern law. In 2002 the CIRSFID, the center for the history of law, philosophy and sociology of law and legal information at the Università di Bologna, started the project for the digitization of these manuscripts.

On this project the images of the manuscripts can be viewed in two ways. Subscribers to the project get access to high-resolution images. The snag for non-subscribers is that even when you try to enlarge images the resolution is so low that they are almost useless. The registration includes the signing of a full contract with all kind of stipulations. A restricted number of images can be viewed freely, for anything more one has to pay. It creates the distinct impression one will get access to documents with a priceless value or at least value to create a considerable sum of money out of them. The project was founded with money stemming partially from a foundation created by a savings bank in Bologna, the Fondazione Cassa di Risparmio. The difference between the liberality with which information about the manuscripts is available and searchable at this project, and the strictness of the access to images which can be used for study is questionable – see the postscript for an update .

Progetto Mosaico

Logo Mosaico

For the second project the same center at Bologna cooperates since 2008 with a number of libraries, initially with the Università di Roma Tre and the Università di Napoli, but now also with institutions outside Italy such as the Bayerische Staatsbibliothek in Munich and the ENRICH project for a European digital library of manuscripts, an offspring of Manuscriptorium. In the Progetto Mosaico you will find both descriptions of medieval legal manuscripts and a number of digitized relevant manuscripts. The number of manuscripts with images currently shown is surely not very high.

The first main difference between the Irnerio and Mosaico projects is the presentation of high quality zoomable images at the Progetto Mosaico. Progetto Mosaico offers immediately full access to the manuscript images after agreeing online with the terms and conditions of use. A second substantial difference is the grouping of the manuscripts around a number of subjects. Let’s look at the largest of these groups which focuses on the Authenticum, the medieval collection of Justinian’s Novellae. Not only the Digest but also these constitutions from the sixth century became the object or study only from the twelfth century onwards. At Mosaico 28 descriptions of manuscripts are given and their contents are compared. A further overview graphically shows the slow way the manuscripts with these constitutions were taken into account and described in the first half of the nineteenth century. For four manuscripts images are available (Angers, Bibliothèque Municipale, 333; Bologna, Biblioteca Comunale dell’Archiginnasio, A 132; Florence, Biblioteca Medicea-Laurenziana, sin.7 plu.9; Leipzig, Universitätsbibliothek, Haenel 5).

It is good to have here detailed descriptions of the manuscripts and the texts included in them. It reminds you the text of the Authenticum was transmitted together with other legal texts. Most of the manuscripts described here contain also glosses. In the study by Charles Radding and Antonio Ciaralli, The Corpus Iuris Civilis in the Middle Ages. Manuscripts and transmission from the sixth century to the juristic revival (Leiden, etc., 2007) the earliest medieval manuscripts of the Authenticum figure, too. One of the arguments Radding favors is to consider the possibility of new datations of these manuscripts. In the nineteenth century many manuscripts were ascribed a date which according to the modern knowledge about palaeography and codicology might strongly differ, a century or even more. In principle this could place the start of the renewed interest in Justinian’s compilations and constitutions much earlier, and also in other places. In order to localize and date manuscripts it is very useful to have them together. The online presentation of manuscripts held at many different cities across the world is a most welcome tool to facilitate such inquiries and to probe Radding’s hypotheses.

Among the other manuscripts presented at Mosaico is a focus on legal procedure. One of the results of the study by twelfth-century lawyers of the actiones in Roman law was the creation by Giovanni Bassiano of the so called Arbor actionum, the “Tree of Actions”, a kind of didactic scheme to explain the main differences between legal actions. On the Mosaico website the design of this tree is explained, and two different versions of it are presented. Images are provided from two manuscripts with the vulgate – most common – version, Bamberg, Staatsbibliothek, ms. Can 23, fols. 270v-271r, and Bern, Burgerbibliothek, fols. 61v-62r. A different version has been preserved in three manuscripts, of which Admont, Stiftsbibliothek, 234, fols. 179v-180r, and Bamberg, Staatsbibliothek, ms. Jur. 13, fols. 1v-2r can be viewed at Mosaico. The third manuscript, Leipzig, Universitätsbibliothek, 921, fol. 187v-188r, can be seen at Manuscripta Mediaevalia. In this section you will find also ample references to earlier literature about the arbores actionum.

Mosaico shows that medieval lawyers did not only know the arbores consanguinitatis et affinitatis, about which you can read in two recent blog posts, the first by Jolande Goldberg at In Custodia Legis, the blog of the law librarians of the Library of Congress, the second at Interfaces/Livres anciens de l’Université de Lyon. At this French blog a comment guides you to an online exhibition of the Bibliothèque nationale de France about the symbolic value of the tree in medieval thought with an analysis of the genealogical uses.

The other manuscripts presented at Mosaico concerning medieval legal procedure are Olomouc, Státni árchiv, C.O.40 with the Tractatus quaestionum attributed to Giuliano da Sesso, introduced and transcribed by Lucia Sorrenti, the author of Il “Libellus Quaestionum” di Giuliano da Sesso. Un giurista ghibellino a Vercelli (Messina 1992), and Prague, Knihovna Národního Muzea, XVII.A.10, with the glosses of Roffredus Beneventanus on the Codex Justinianus. For the manuscript Munich, Bayerische Staatsbibliothek, Clm 8011 an introduction and summary description is lacking. In fact only a part of this manuscript is shown (fols. 86r-107v) with quaestiones disputatae in iure canonico by Aegidius de Fuscariis and other jurists.

Presenting medieval manuscripts and texts

One of the interesting aspects at Mosaico is the use of different models for presenting the images and creating space for transcriptions and comments. This makes the project a kind of laboratory for editing manuscripts using online tools. In the absence of agreement among scholars about a general way of describing medieval manuscripts along standards which are also consistent with presentation online using XML, and dealing with both data and meta-data concerning manuscripts, any initiative showing different approaches for one very wide manuscript genre is valuable in itself. The model Susa – after Henricus de Segusio (1190/1200-1271), often nicknamed Hostiensis because he ended his life as cardinal of Ostia – is a simple database for searching manuscripts, with for now perhaps not enough data to consider its functioning properly. The model San Pietroburgo presents data and meta-data in a series of windows with information for each manuscript page.

The model with the tempting name Processo di Satana offers a viewer in which you can compare two manuscripts and add comments and transcriptions. In the late Middle Ages several texts presented the story of a trial of the devil against God claiming human souls. These treatises offer a kind of nutshell guide to forms of procedure at court, and at the same time also a guide to a number of theological matters. At Mosaico you will find the Processus Sathanae contra genus humanum ascribed to Bartolo da Sassoferato (1313-1357). The manuscript tradition of this treatise is the subject of another section, which alas is not complete, but at least you will find an introduction and a provisory list with 43 manuscripts. The list is certainly not complete, but has the distinct merit of noticing the context of the transmission in both juridical and theological manuscripts. You can view images of four manuscripts of Bartolus’ text. Readers of an earlier post here might remember that Bartolus’ treatises have been preserved in many manuscripts. The fourth model Bertram offers images, a classic transcription and commentary by Martin Bertram of the manuscript Montecassino 266 of Goffredo da Trani’s Apparatus decretalium, one of the earliest and most original commentaries on the Liber Extra, the major official decretal collection published in 1234.

It is only fair to indicate that Mosaico offers the result of work in progress. At some turns there is little to desire, at other points progress seems to have halted soon after the start. It is certainly thoughtful of the makers to present the manuscripts from the Biblioteca Comunale dell’Archiginnasio in Bologna also in a separate section, but here, too, an introduction is lacking. Ms. A 34 contains the Processus Sathanae. Ms. B.1484 presents the text of Salatiel’s Ars notariae. Ms. B.2794 and ms. B.2795 are both manuscripts with various legal texts which again are concerned with legal procedure. The first has for example the Margarita legum of Alberico Galiotti, quaestiones by Azo and the Libellus questionum of Pillius and a Summula de libellis formandis atrributed to Salatinus. The second manuscript offers a Libellus de ordine iudiciorum ascribed to Pillius, Guido de Suzaria on the same subject, the Tractatus de summaria cognitione by Giovanni Faseoli, and a number of texts without a clear attribution. The best modern starting point for research on these two manuscripts is no doubt the study by Linda Fowler-Magerl, Ordo judiciorum vel ordo judiciarius. Begriff und Literaturgattung (Frankfurt am Main 1984). The genre of the quaestiones is one of the subjects dealt with by Annalisa Belloni, Le questioni civilistiche del secolo XII: Da Bulgaro a Pillio da Medicina e Azzone (Frankfurt am Main 1989), and in the proceedings of a symposium, Die Kunst der Disputation. Probleme der Rechtsauslegung und Rechtsanwendung im 13. und 14. Jahrhundert, Manlio Bellomo (ed.) (Munich 1997).

A summary of the contents of the twin manuscripts B.2794-2795 is also to be found in the catalogue of the microfilms held at the Istituto di Storia del Diritto Italiano, Sezione di diritto medievale e moderno, in Milan. For medieval manuscripts in Italy one can use online BIBMAN, the Bibliografia dei manoscritti in alfabeto latino conservati in Italia, which helps you finding literature on specific manuscripts, MANUS, the Censimento dei manoscritti conservati in biblioteche italiane, a general database for Italian manuscripts, the Nuova Biblioteca Manoscritta database for manuscripts in the Veneto, and Codex, the Inventario dei manoscritti medievali della Toscana, yet another database for manuscripts. For Lombardy a comparable censimento exists, to mention only the largest regional projects and those projects most relevant for legal history. However, musical manuscripts and Greek palimpsests (Rinascimento Virtuale) are certainly not forgotten in Italy, and you can find more projects in this list at the Scuola Normale Superiore di Pisa and at the portal Internet Culturale. The Vatican Library is anyway in a class of its own, and this is certainly the case for its manuscripts. Searching for manuscripts in Italy bearing a date is possible online with the online version of Manoscritti Datati d’Italia.

Bologna, Alma Mater Studiorum

Logo Università di Bologna

Near the end of this post it is clear that at Mosaico the door is wide open for studies in the field of medieval legal procedure. The models for presentation merit close scrutiny and further elaboration. The doors of the Progetto Irnerio remain much more closed, an alluring treasure vaguely visible from outside. It is time to put my findings in a perspective, first on the level of medieval legal manuscripts, secondly in the context of other Bolognese libraries and their services.

How do both projects compare with other websites and presentations devoted solely or partially to medieval legal manuscripts? Illuminating the Law is a fine online exhibition of beautiful medieval juridical manuscripts at the Fitzwilliam Museum, Cambridge. However, the exhibition shows only twenty images, almost exclusively from canon law manuscripts. The first images show the tree of consanguinity (Decretum Gratiani, ms. 262, fol. 71r) and the tree of affinity (ms. 262, fol. 71v). From a manuscript with the Volumen parvum which contains Justinian’s Institutiones and the Authenticum (McClean 139, fols. iv-iir), the arbor actionum is shown. Penn in Hand, the gallery of digitized manuscripts at the libraries of the University of Pennsylvania, contains a number of medieval legal manuscripts and records among a very large selection. The UPenn libraries offer only very short descriptions of these manuscripts. The Saint Laurentius Digital Manuscript Library of Lund Universitet, too, contains a number of legal manuscripts, with a full description of all 77 digitized manuscripts. Both Scandinavian law, and texts on Roman and canon law are present. Using the various websites which present illuminated medieval manuscripts one can easily find more images of the legal trees mentioned here.

Libraries and others institutions in Bologna offer more besides the Progetto Irnerio and Progetto Mosaico. The Biblioteca Universitaria has much to offer, including a substantial number of online databases. The link collection gives due attention to legal websites in Italy. In ALMA@DL, the digital library, a whole section is devoted to digitized historical works, AMS Historica. A digital version of the Corpus Iuris Civilis in the edition Lyon 1556-1558 is its showcase. The historical catalogue of the university library has been digitized for the Cataloghi Storici project of the Biblioteca Digitale Italiana. The university’s Archivio Storico is worth attention, too, with historic photographs and its online database in which you can find diplomas, charters, medals and much more. The various colleges are not forgotten, with for example the Collegio Jacobs, nowadays the Collegio dei Fiamminghi.

Bologna is home to more archives. The largest institution is the Archivio di Stato di Bologna (ASB), which has also its own Scuola di archivistica, paleogafia e diplomatica. Among the digitized sources is the Liber Paradisus, a register about the liberation of nearly six thousand slaves at Bologna in 1257. Together with the Centro Gino Fasoli per la Storia delle Città the ASB has created a digital version of the Estimi di Bologna di 1296-97, records estimating the properties of Bolognese citizens. After online registration you get immediate access to the original documents and further information on them, including an overview of similar records, a guide on the structure of the estimi and a bibliography. The Archivio Comunale di Bologna is the city archive. It participates in the initiative of a number of European municipal archives, Evidence! Europe reflected in archives. Other archives include the Archivio Storico Provinciale di Bologna and the Archivio Generale Arcivescovile.

Logo Archiginnasio

At Bologna the Biblioteca Comunale dell’Archiginnasio is really a jewel in the crown for everyone looking for old printed books and manuscripts. The library has several special catalogues online – for example for seventeenth and eighteenth century printed books – and a full overview of its collections. Archiweb, the digital library, presents a wealth of varieties of which I can hardly make a choice for a shortlist: the Bibliografia bolognese (1888) by Luigi Frati, the Raccolta dei Bandi Merlani with 22,000 digitized decrees and other legislative documents for Bologna from the sixteenth to the nineteenth century, Il Blasone Bolognese, a database with heraldic images created between 1791 and 1795, and FACIES, 10,000 digitized portrait images, are just some highlights you might want to look at when you are going to study Bologna’s legal history. Among the online exhibitions I would like to mention Nascità di una nazione on the Risorgimento period and the creation of a unified Italy.

If you would like to search for medieval lawyers in one of Bologna’s museums, the Museo Civico Medievale, one of the four Musei Civici d’Arte Antica, would certainly live up to your expectations thanks to the collection of medieval tombs, sculptures and inscriptions. In order to find more museums, archives and libraries in Bologna and in the region around Bologna you should benefit from the online guides provided by the Provincia di Bologna. The only institution without a website which nonetheless deserves at least mention here is the Deputazione di Storia Patria per le Provinze di Romagna.

With a comparison of two projects at Bologna presenting medieval manuscripts, reference to some projects elsewhere, and two nutshell guides, both for manuscripts in Italy and for archives, libraries and some museums in Bologna this post has become rather long. It is almost too much of a good thing, but I am sure you will find something of interest. Perhaps the very length of this post is fitting when you write about medieval Bologna. The town had two nicknames, La Dotta, the learned, and La Grossa, the fat one. It’s for you and your taste to file this post in the appropriate category!

A postscript

In 2014 I had a new look at the Progetto Irnerio. It is now possible to get access to images in high resolution. This happy state of affairs changes very much my opinion about the value of this project. At last the treasures of the Collegio di Spagna are accessible at home after only agreeing online to some formalities. Above each search result you can now click a button “Show Hi Res”. In 2012 I failed to mention the bilingual interface of Irnerio, both Italian and English. No more complaints now!

Changing your search angle

Many posts on this blog and a growing list on my website are concerned with digital libraries with holdings for legal history. At the back of my mind there has been a nagging doubt whether this is the only way to find digitized books. Luckily the answer is negative: there are other ways to find them. Remarks by Robin Vose (St. Thomas University, Fredericton, New Brunswick) led me again to the medieval inquisition and libraries with holdings concerning this institution, and I am grateful for his encouragements.

In my post Digitizing a medieval inquisitor (January 4, 2011) I had presented a digital version of the manuscript Toulouse, Bibliothèque Municipale, 609. I mentioned also the Historia Inquisitionis, a famous book on the inquisition by the Dutch writer Philippus van Limborch, but at that time I could not offer you information about a digital version of it. Its second part contains an edition of a manuscript now in the British Library (Add. 4697) with records of an inquisition held in the early fourteenth century by Jacques Fournier and Bernard Gui.

Using the BASE search engine at the University of Bielefeld I found a digital version of Van Limborch’s Historia Inquisitionis (Amsterdam 1692) . Both parts of Van Limborch’s book have been digitized: at page 417 the “Liber Sententiarum Inquisitionis Tholosanae” starts. The digital version, published on June 3, 2010, is present in the DSpace of the CEU-Net libraries, Universidad San Pablo CEU, Madrid, at this link. You can find digitized versions of the English translation of Van Limborch’s work in the Hathi Trust Library, but this English translation does not include the second volume with the edition of the inquisitorial records.

BASE, the Bielefeld Academic Search Engine, enables you to search with one search action in a very large number of digital libraries and repositories. More than 1700 collections are covered now. A digital repository typically holds the publications of scholars from one scientific institution.

Robin Vose was involved in creating the online exhibition on the materials for the history of the medieval and Spanish inquisition at Notre Dame University. I would like to draw your attention to their online exhibition Familia Praedicatoria on the history of the Dominican order. A number of Dominicans became very soon after the foundation of this mendicant order involved with the medieval inquisition. Vose points to several other American libraries with holdings on this subject, in particular the Henry Charles Lea Library at the University of Pennsylvania Libraries. Among the digitized manuscripts in Pen in Hand: Selected Manuscripts of UPenn Libraries, too, one finds some items concerning the medieval, the Spanish and the Roman inquisition. The Lilly Library of the Indiana University at Bloomington Libraries has some manuscripts concerning the inquisition in Peru, but none of these is to be found in the digital collections of this library. Chicago’s Newberry Library has fine holdings for literature concerning the various inquisitions. Among their wealth of digital collections presented together with other libraries in Illinois at CARLI no item is connected with the history of the Catholic inquisitions. As a happy reader of the Introduction to Manuscript Studies by Raymond Clemens and Timothy Graham (Ithaca-London 2007) I am a bit surprised that the Newberry Library which provided many illustrations for this volume does not have many manuscripts bearing on legal history, apart from charters and administrative rolls. Looking at the libraries of the Hebrew Union College did not bring me immediately to materials in their holdings, but I can at least mention the digitized version of the American Jewish Archives Journal. The Witchcraft Collection of Cornell University Library yields only four digitized books focusing on any form of the inquisition.

Perhaps this sunny Friday afternoon does not help me much to dig deeper, but surely it’s time to look briefly at European institutions. Perhaps it is a kind of justice that this afternoon the search function of the MICHAEL website does not seem to work at all, and thus it seems wiser to turn again to the BASE engine. Was finding Van Limborch a case of being just lucky, or can this search engine bring you more? The results might have been relevant only when searching for the Middle Dutch Roman van Limborch or the Limburg brothers… With the basic search term inquisition at least two of the results have directly to do with Jacques Fournier, the article ‘Per modum quem solent tenere heretici in respondendo. Confessione, prova e dissimulazione nel tribunale di Jacques Fournier (1318-1325)’ , Les Dossiers du Grihl, 2009-2 by Irene Bueno, and her article ‘Dal carnalis concubitus all’heretica pravitate. Sesso, matrimonio ed eresia nel tribunale di Jacques Fournier (1318-1325)’, L’Atelier du Centre de recherches historiques, 4-2009.

It was no chance to find after a first attempt already two incunabula in the Verteilte Inkunabelbibliothek of the Herzog-August-Bibliothek in Wolfenbüttel and the University Library in Cologne of works mentioning the workings of the inquisition in passing – the Summa theologica of Antoninus of Florence – and more substantially – the Practica nova judicialis by Johannes Petrus de Ferrariis. Doing the same search with the INKA Inkunabelkatalog for incunabula in German scientific libraries yields results with indications of digitized copies of for example Francesco Accolti’s commentary to the decretals of the title De accusationibus, inquisitionibus et denunciationibus (X. 5.1). The Gesamtkatalog der Wiegendrucke at the Staatsbibliothek zu Berlin-Preussischer Kulturbesitz also increasingly marks search results with links to digitized copies, for instance a copy at Munich of repetitiones by Azo de Ramenghis, including a repetitio on X. 5.1. Because the new DFG-viewer of the digital collections at Munich is not yet easily reached I will give the permanent link to it.

In the Digi20 project of the Digitale Sammlungen in Munich you can find fairly recent publications on the Roman inquisition from the series Römische Inquisition und Indexkongregation edited by Hubert Wolf. The literature database of the Regesta Imperii, an indispensable tool when searching literature on the Middle Ages, too, has started to mark search results with indications of digital versions. You will find here much more on Bernard Gui and Jacques Fournier. Let’s finish today’s search for digital collections with the Editti e bandi pontifici at the Biblioteca Casanatense in Rome, a collection of papal documents from the sixteenth to the eighteenth century mainly concerning censorship of books by the Roman inquisition, but sometimes about the inquisition in its widest sense.

You might argue with some justification that this post only skates the surface of the huge literature on the inquisition in its various incarnations and deviations. What needs underlining for the medieval inquisition is its deep inner paradox of being an institution in which the role of accusing party and judge were united in one person against all indication of what constitutes due process. Medieval canonists did work to create the doctrine of due process while at the same time they factually condoned or ignored the workings of medieval inquisitors. Unravelling the facts surrounding such questions is one of the arguments of placing high value on research concerning medieval canon law, its doctrinal development, jurisprudence and actual practice. The digitization of manuscripts and books pertaining to this history is one of the means to fulfill this aim, and certainly not the only one.

A postscript

I should add two rather obvious additions to works in medieval canon law concerning the inquisitorial procedures of which digitized incunabula exist. The Digitale Sammlungen at Munich contain several incunabula editions of the major reference work on medieval procedure, the Speculum iudiciale by Guillelmus Durandus (or Duranti). In this digital library, and in the Verteilte Inkunabelbibliothek, you can find also the Repertorium aureum iuris canonici ascribed to this author. In this work “inquisitio” is a separate lemma. Sometimes this repertory is also included within the bindings of, or printed alongside the Speculum iudiciale.

A second postscript: the Universidad San Pablo-CEU in Madrid has at its website a PDF with a collection of books from Emil Van der Vekene, the author of the Bibliotheca bibliographica historiae sanctae inquisitionis (3 vol., Vaduz 1982-1992). In Dresden Gerd Schwerhoff has created a fine bibliographical introduction to inquisitional history.

Annette Pales-Gobilliard edited and translated the texts of the manuscript British Library, Add. 4697 in Le livre des sentences de l’inquisiteur Bernard Gui, 1308-1323 (2 vol., Paris 2002).