Tag Archives: Spain

Editing medieval royal laws from Spain

The start screen of 7 Partidas Digital

Last month I wanted to refresh my blogroll. Among the additions one blog stands out because its name does not start with a letter, but with a number, and it appears now as the very first item of the blogroll, reason enough for further exploration. It is a project for a new edition of laws created by a king with perhaps the best reputation of all medieval kings, at least in modern perception. Alfonso el Sabio, or Alfonso X of Castile, king Alphonso the Wise, wrote the songs of the Cantigas de Santa Maria, and he created a famous law collection, the Siete Partidas (Seven Parts). For a new critical edition of this collection the Spanish team of editors have created the blog 7 Partidas Digital: Edición critica de las Siete Partidas, hosted by the Hypotheses network. In this post I will look at this project and I will try to provide some context for it.

Studying medieval laws

Royal legislation in the Middle Ages is not easy to bring under one common denominator. Scholars such as Sten Gagnér (1921-2000) have helped us much to see legislation in new light, in particular in his Studien zur Ideengeschichte der Gesetzgebung (Stockholm, etc., 1960). Armin Wolf focuses in his research on medieval legislation, in particular in Gesetzgebung in Europa 1100–1500: Zur Entstehung der Territorialstaaten (2nd edition, Munich 1996), and like Gagnér he has written about a great variety of laws and lawgivers, including Alfonso el Sabio (1221-1284). In 2002 the Max-Planck-Institut for European Legal History in Frankfurt am Main could acquire the vast library of Gagnér. Michael Stolleis, for man years the director of this institute and a scholar trained by Gagnér, wrote a moving and most instructive tribute to Gagnér [‘Sten Gagnér (1921-2000), ein großer Lehrer der europäischen Rechtsgeschichte’, Quaderni Fiorentini 29 (2000) 560-569; PDF]. For many years Wolf, too, worked for and at this institute. His fundamental book about medieval legislation first appeared in a volume of Helmut Coing’s Handbuch der europäischen Privatrechtsgeschichte. It is by all means wise to benefit here, too, from the rich resources of this Max-Planck-Institut, starting perhaps with the online catalogue of its library.

Let’s start a tour of the blog 7Partidas Digital, a project at the Universidad de Valladolid. There have been two major adaptations of this legal collection, in the incunabula edition of 1491 (Alonso Díaz de Montalvo) and the edition published in 1555 (Gregorio López), and a semi-official edition in 1807 by the Real Academia de la Historia, but not yet a critical edition. The aim of the project is to bring together all textual sources and present them online, to create an online critical edition and to provide a up-to-date bibliography of relevant scholarship in a Zotero group. The bibliography takes as its starting point the study of Jerry Craddock, The legislative work of Alfonso X. A critical bibliography (London 1986; 2nd edition, 2011). You can consult the 1986-1990 update of Craddock’s bibliography online (eScholarship, University of California). Already the fact that Craddock could adduce manuscripts not earlier included and comment on them should make you aware of the complicated textual tradition of the Siete Partidas and other Alphonsine laws. By the way, Robert Burns added an introduction to the reprint of the English translation of the Siete Partidas by S.P. Scott (first edition 1931; reprint 5 vol., Philadelphia, 2001, 2012).

Logo 7PartidasDigital

The core of the project is the online edition hosted at GitHub which is being created using XML / TEI. TEI stands for Text Encoding Initiative, one of the major metadata standards in creating digital text editions. As for now the project has resulted in editions of some textual witnesses kept at Valladolid. The Siete Partidas is a rather large legal code. The section Léxico explains the incunabula edition in 1491 contains 772,000 words. The first part (Primera partida a.k.a. Libro de los leyes) in one particular manuscript (London, British Library, Add. 20787, sigle LBL) good for more than 165,000 words. The image of a kind of Spanish armada, a fleet with an outsize flagship and many minor vessels around it, is probably a fair description. The project will create a special dictionary for the Siete Partidas, of which the letter Z, the only one already publishedgives you an idea.

The section Testimonios gives you a general overview of relevant manuscripts and their contents, mainly as noted in the Philobiblon project for Iberian medieval manuscripts (Bancroft Library, University of California at Berkeley), and for a number of them – including LBL mentioned above – extensive descriptions. One of the scholars helping to track down manuscripts with laws issued by Alfonso el Sabio was the late Antonio García y García. A further asset on this web page is an interactive map showing where institutions have relevant manuscripts within their collections. An essential element in this project are the Normas de codificación, the rules for the encoding of the text and the critical apparatus in the XML / TEI pages, and additional guidelines for the transcription of the legal texts.

Access to Alfonso’s laws

Banner BDH

By now you might think all this information does not yet bring you directly to the texts associated with king Alfonso el Sabio, but you could as well admit that some preparation is needed indeed to approach them. I had expected to find here both images of manuscripts and an edition on your computer screen, and therefore I would like to provide you at least with some information about the most important printed editions. A text of the Sieta Partidas was printed twice in 1491 [Las siete partidas de Alfonso X el Sabio, con las adiciones de Alfonso Díaz de Montalvo (Seville: Meinardus Ungut and Stanislaus Polonus, 25 October 1491; GW M42026, online for example in the Biblioteca Digital Hispánica)], and two months later again with the same title [(Seville: Compañeros alemanes, 24 December 1491) GW M42028, online in the Biblioteca Virtual del Patrimonio Bibliográfico (BVPB)]. The Gesamtkatolog der Wiegendrucke (GW) (Staatsbibliothek zu Berlin) and the Incunabula Short Title Catalogue (British Library and CERL) show you concise bibliographical information and lists with extant copies worldwide for both editions rather short lists. The edition by Gregorio de López de Tovar appeared in 1555 and can be viewed online in the BVPB [Las Siete Partidas del Sabio Rey don Alonso el nono (…) (Salamanca: Andrea de Portonariis, 1555)].

The Biblioteca Digital Hispánica brings you not only a number of old reprints, some of them enhanced with useful registers, but also a number of digitized manuscripts. It contains also a digital version of the edition published by the Real Academia de la Historia (Las Siete Partidas del Rey Don Alfonso el Sabio cotejada con varios códices antiguos (…) (Madrid 1807)]. The Hispanic Seminary provides you in its Digital Library of Old Spanish texts in the section for Spanish legal texts with a transcription of the Primera Partida in the 1491 edition. You can find more editions and books about the Siete Partidas in the Catálogo Colectivo del Patrimonio Bibliográfico Español, and for example in the Bibliografía Española en Línea, a service of the Biblioteca Nacional de España, and more specifically in the Repertorio del Medievalismo Hispánico (Institución Milà y Fontanals, Barcelona).

In the midst of all these elements I would almost forget to mention the blog posts of Siete Partidas Digital, to be found under Entradas. The most recent contribution in this second is a full-scale article by José Domingues (Porto) about the Portuguese version of the Siete Partidas and its manuscript tradition (A Tradição Medieval das Sete Partidas em Portugal). The first blog post alerts to the 2015 revised online version of Dwayne E. Carpenter, Alfonso X and the Jews: An Edition of and Commentary on Siete Partidas 7.24 «De los judios» (thesis, University of California, 1986), and to new textual witnesses found in the Archivo de la Real Chancillería de Valladolid, referred to in the edition with the sigle VA4, but alas the links to the finding aid with these archival records and to the article describing them are broken. However, here the project in Valladolid scores with its section on text bearers: The page on VA4 gives you full information, but here, too, you have to reckon with links to Spanish archival records which stem from expired web sessions. You will have to repeat yourself each consecutive step of the search at the rich but cumbersome navigable PARES portal, the digital home to both online inventories and many digitized archival records in Spanish state archives. You will find a quick introduction to Alfonso el Sabio and the texts concerning the legal status of religious minorities in the Siete Partidas in the database of the RELMIN project around the position of these minorities in the medieval Mediterranean, with also some references to basic modern literature, and for each of the relevant texts a translation, an analysis and references to further studies. RELMIN provides you with sometimes both English and French translations.

Normally I would feel rather exhausted, or to be honest definitely feel irritated, to say the least, about such a sorry state of affairs, the combination of a broken link and arduous recovering information using the PARES portal, but this time I can appreciate very much one of the things Sten Gagnér taught his students, not only in his lectures and seminars, but foremost by his own example. At the end of this post I really want to mention something Michael Stolleis made crystal clear in his tribute to Gagnér. He wanted his students to see things for himself in sources, to trace back and check the steps others had set, be they the pioneers and leaders in the various fields of legal history or more average scholars, to see the very words in the sources they found, to assess the meaning and context of words anew. Studying legislation in past and present in all its forms should be an exercise in good thinking, not a slipshod affair, as if you only have to dip your spoon in an ocean of sources. No school, department or faculty can provide you completely with his kind of training, because here your own intellectual honesty and drive to become and be a true historian should work for all you are worth, for all things and people you value most.

A postscript

After the things I siad about the PARES portal I must do justice to the riches of this portal by referring to the wonderful online guide by Scott Cave and Ashleigh Dean, aptly called Taming PARES. Their guide really unlocks this treasure trove!

Messages on stones and histories in fragments

Banner Epigrafia 3-D

How can you make the memory of past actions last for later generations? In the Ancient World important matters were often committed in writing on stones. Studying inscriptions is one of the way historians dealing with Classical Antiquity approach their subject. Since the sixteenth century scholars versed in epigraphy, the study of inscriptions, help to gain insights into a vast subject which deals with three continents and roughly two millennia. Only a fraction of possible sources have survived, and thus it is understandable and necessary historians want to make the most out of them. Access to new resources and wider access to existing sources are most helpful in refining and re-adjusting our insights about this period.

Lately a number of online projects has come to my attention which bring ancient inscriptions closer to our century. You can do this in particular by just following the notices about epigraphy at the indispensable blog Ancient World Online of Charles Jones. Old editions have been digitized, new inscriptions are increasingly edited immediately in the digital domain, and some projects literally give us a wider view of these sources. A few years ago I already noted here a project sponsored by a Californian firm to present clay tablets from Mesopotamia in three-dimensional view. A Spanish project, Epigraphia 3D, dealing with Roman inscriptions in 3D-view prompted me to write here again about inscriptions. In some cases I will also look at other ancient sources, in particular papyri, but Roman inscriptions will be the main focus point.

Preserved in stone

Logo Hispania Epigraphica

The project Epigraphia 3D is the result of the combined efforts of the Universidad de Las Palmas de Gran Canaria, the Museo Arqueológico Nacional (Madrid) and the Museo Nacional de Arte Romano in Mérida. Even if your Spanish is rather weak navigating the website is easy. Two galleries with three-dimensional images of inscriptions form the heart of the project. The first gallery (Galería 3D MAN) for the archeological museum at Madrid contains 37 images, the second gallery (Galería 3D MNAR) shows nearly 60 images from the collections at Mérida. It is simply great to look at stones with inscriptions and to view them as if you were walking around them. Inscriptions mentioning slaves should remind you about an element of Roman society and law calling for particular attention. The variety of formats is in itself already a lesson widening your horizons. For every object the relevant epigraphical databases referring to them are mentioned. It would be a great service to have for each object direct links to these databases. However, you can at least use the link to its original location at the well-known Pleiades interactive map of the ancient world. For Roman inscriptions in Spain the main online resource is Hispanica Epigraphica (Universidad de Alcalá) with an interface in English, Spanish and Portuguese.

Epigraphy as a historical auxiliary discipline has long been dominated by scholars writing in German, French and English, and therefore a Spanish point of reference is actually very welcome. In fact there is even an impressive and extensive online guide (labeled Recursos) introducing you to epigraphy. The section with enlaces (links) will bring you to many of the more traditional online resources. Some of these projects try to cover not just Roman of Greek inscriptions. Trismegistos, a platform created at Cologne and Louvain dealing with papyri and materials restricted to ancient Egypt and the Nile valley, recently started covering also inscriptions from other regions. By the way, the list of the Trismegistos partners and contributors is another fine overview of the main projects for papyri and ancient inscriptions. The mighty Epigraphik-Datenbank Clauss-Slaby (EDCS) features now also a searchable map for Roman inscriptions all over Europe.

Logo Digital Epigraphy and Archaeology

The Digital Epigraphy and Archeology Project led by the University of Florida has as one of its aims creating a toolbox for making three-dimensional inscriptions from squeezes, paper casts of inscriptions. with a nice showcase of 3D images of various ancient and medieval objects. The other projects on this website are a virtual museum of world heritage with 3D-images, seemingly now filled with just one object, and a section on interactive classical theatre. My first impression is that of a pilot project, and in fact it made me search again for projects showing more results. i could fairly quickly find a very relevant example which uses the freeware Sketchfab technology, a 3D-image of the famous Law of Gortyn, a legal text cut into the stones of a city wall on the island of Crete. You can find the Greek text online in the Searching Greek Inscriptions database, and an English translation in Paul Halsall’s Ancient History Sourcebook (Fordham University).

A bird-eye’s view

Logo Europeana Eagle

Reading about maps helping you to trace quickly inscriptions all over Europe – in fact I spotted a number of them found within my own neighbourhood – wets the appetite for more. You would like to be like an eagle finding inscriptions everywhere! The Epigraphia project shows in its bottom banner a number of logo’s, unfortunately not directly clickable, and one of them is to the Europeana Eagle project, a new branch of the Europeana network with magnificent online portals for several major subjects and themes in European history. It is infuriating that Europeana fails to give a quick list to them at its galaxy of sites. I have looked here in two posts especially at Europeana Regia with manuscripts from the libraries of three medieval kings. Currently the Eagle project covers nine online collections, including Hispania Epigraphica, the EDCS and the Epigraphic Database Heidelberg (EDH). The EDH has a clickable map of Europe bringing you to specific regions. Eagle contains now some 300,000 items.

Somehow I must be a bit old-fashioned when I worry about not seeing immediately at Eagle any reference to the Corpus Inscriptionum Latinarum, but surely this has been connected to the main databases for searching Roman inscriptions. For those worrying about a too exclusive view at and use of inscriptions it is reassuring to see among the nine collections harvested at Eagle the Arachne database (Universität Köln) for archaeological objects. In my view Eagle scores with one particular feature, a mobile app for the two main platforms which enables you to view inscriptions in situ and check for their presence within Eagle. The app can even tell you whether Eagle contains similar inscriptions.

For scholars and everybody

Banner Ancient Lives

Greek and Latin can be formidable barriers to understand the classical world, yet the attraction of Classical Antiquity remains strong as ever. Precisely the inventive use of digital technologies has opened the world of classical studies to a much wider public. Interestingly the inverse connection, too, has started. Recently I encountered the crowdsourcing project Ancient Lives, a partnership between the Classics Faculty of the University of Oxford and the Zooniverse initiative. It is most remarkable that the Oxyrhynchus papyri collection (P. Oxy), almost the Holy Grail of papyri from ancient Egypt, should figure in a collaboration of classicists and the general public. Asking people to get involved in transcribing papyri is audacious indeed, even if you can see the appeal of this treasure to scholars worldwide. The Oxyrhynchus papyri is also one of the largest papyri collections. Nearly 80 volumes have been published for their critical edition. In view of the many aspects of creating this edition it becomes understandable to call upon people outside Oxford to help with one phase of the editorial process, creating reliable transcriptions which of course have to be checked and fortified by a critical apparatus. Imaging Papyri is the main project dealing with the Oxyrhynchus papyri.

On purpose I mention this project for papyri at Oxford, even if it seems to be a turn away from inscriptions. Exactly this effect can be viewed, too, at Oxford. There are at least two other epigraphical projects at Oxford I would like to include here. A focus on Egyptian papyri might almost blend out another project for sources from Egypt, the Corpus of Ptolemaic Inscriptions for the study of some 550 inscriptions and monuments with inscriptions. It is important to notice here the use of EpiDoc, an international initiative to develop a tailor-made version of TEI XML for publishing inscriptions online. With the Vindolanda Tablets from Northern England in the first and second centuries CE we encounter a resource particular close to daily life in a Roman province. The Vindolanda fort was situated south of Hadrian’s Wall. A concise virtual exhibition accompanies the online edition. The tablets contain not only complete documents and letters, but also drafts and school exercises. The presentation with at the left an image of a tablet, in the middle a transcription and at the right a translation is readily usable, and the search functions are most helpful. These tablets help you to look at Roman law in the context of daily life. They show encounters between the Latin culture and the peoples newly brought into the Roman empire or living at its borders.

A number of the websites highlighted here contain lists of links to other epigraphical projects, and thus you can easily expand my post to look beyond my personal interests. To round off my tour of projects I would like to look briefly at two other British projects dealing with inscriptions in regions where their very survival has become a matter of grave concern. King’s College London has created websites for the Inscriptions of Roman Tripolitania (IRT) and for the Inscriptions of Roman Cyrenaica (IRCyr), regions in modern Libya, a nation with currently almost no functioning state, where ancient monuments a prey to rivalling armed groups.

Histories in fragments

Lately I looked at the project portal Fragmentary Texts which aims at bringing together research concerning lost texts from Antiquity and their afterlife in fragments. The links section of this portal gives you a nice overview of various projects dealing with the fragments of ancient authors. One of the reasons this project resonates for me is the fact that the study of legal history in ancient times also very often deals with fragments. Complete texts are actually exceptional. We might forget that for example the Twelve Tables, the praetorian edict and the texts of classical lawyers are mainly known from reconstructions. The textual transmission of Justinian’s Digest is nearly complete, but in its turn it contains enough elements of elder texts to allow scholars to reconstruct such texts which no longer exist independently. Only since two centuries we have a complete text of Gaius’ Institutiones when a palimpsest manuscript was finally discovered in Verona.

Inscriptions can help completing ancient texts or show a different textual transmission. Graffiti in Pompei sometimes help scholars to find the right wordings of famous quotes from literary texts. When you study Justinian’s Digest and Code you will note the inscriptiones, the preliminary references giving the names of consuls or the reference to the work of a classical lawyer. The very word inscriptio might remind you to look beyond manuscript sources, and to study law also in relation to its role in society. Reading for instance about the special inheritance rights of Roman legionnaires who had served many years with the Roman army, something linked with the concept of the peculium castrense, comes much more into life when you can look at military diplomas and inscriptions bearing witness to their lives and activities. Instead of only admiring such objects in a museum or knowing about editions of the texts engraved on them it is now possible to connect your own research and interests with them on many levels.

Let’s end here with pointing to three blogs. Two blogs of the Hypotheses network deal with ancient epigraphy, the French blog Épigraphie en réseau of the EpiDoc project, worth reading even if not updated seriously since 2012, and the Spanish blog e-pigraphia: Epigrafia en Internet, very much kicking and alive. Current Epigraphy is another blog that you might want to consult to keep up with developments in an old but vital part of Classical Studies. Studying inscriptions from other periods is of course also a most interesting theme, but here I prefer to remain close to Classical Antiquity.

A postscript

Both for those who think my post was too short and those who think it was (again!) too long follow here for your benefit and quick reference some of the newest additions about epigraphy at Ancient World Online: the Claros database (Madrid) with a concordance for Greek inscriptions, Axon; Silloge di Iscrizioni Storiche Greche (Università Ca’Foscari, Venice) the projects at Berlin for the Inscriptiones Graecae (IG) and Inscriptiones Christianae Graecae (ICG) with Christian inscriptions in Greece and Asia Minor, the Inscriptions of Israel / Palestine (Brown University) and even some of the latest issues of the Année Epigraphique in open access. All of them would perfectly suit another post on epigraphy. I should have pointed also to the digital library of the Institute for the Study of the Ancient World (ISAW), New York, home to the AWOL blog, and at at the very least I can give here a link to the digitized publications about ancient law and inscriptions.

On March 10, 2016, Sarah E. Bond published Epigraphy Enchiridion, a post on her blog about online handbooks and guides for Greek and Latin Epigraphy.

Searching Aragon’s royal history

Logo International Archives Day

This year’s International Archives Day, an initiative of the International Council on Archives, took place on June 9. In many countries archives organized activities, among them also Spanish archives. Lately I noticed the substantial number of websites devoted to the history of Aragon, and when preparing this post it became clear how many resources you can find online. On my blog I wrote in 2011 and 2012 about the project Europeana Regia which aimed at reconstructing three medieval royal libraries with digitized manuscripts. One of them was the library of the kings of Aragon and Naples. In his acclaimed study Vanished kingdoms: The history of half-forgotten Europe (London-New York 2011) Norman Davies devoted a chapter to Aragon. In fact he had to deal with two kingdoms, both the Reino d’Aragón (1035-1715) and the composite kingdom of the Corona d’Aragón (1162-1716), a confederation of monarchies including in Spain the county of Barcelona and the kingdom of Valencia, and outside Spain Sicily, Sardinia, Naples and Majorca, to mention only its largest parts.

For clarity’s sake I use in this post the Castilian and Aragonese spellings of locations in a multilingual kingdom. The Catalan name of the Archivo de la Corona d’Aragón (ACA) in Barcelona is Arxiu de la Corona d’Aragó. You can view this website also in Galician, Basque and Valencian. Legal history is certainly present at the websites I mention in this tour of institutions digitizing Aragon’s history.

Digitizing the history of Aragon

In my earlier post concerning Europeana Regia I had tried to make a preliminary list of manuscripts touching on legal history. I found some thirty manuscripts among the more than thousand manuscripts brought together in this project. From the library of the kings of Aragon 294 digitized manuscripts are presented. In 2011 I had found for Aragon only one work touching legal history, a treatise on the genealogy of the Aragonese kings (Paulus Rossellus, Descendentia dominorum regum Sicilie, after 1438; Valencia, BU, ms. BH 394), but luckily there is more. In 2012 I tracked a well-known source in Paris, BnF, ms. Latin 4670 A, the Usatici et Constitutiones Cataloniae, a manuscript written at the turn of the fourteenth and fifteenth century, and I could also point to Paris, BnF, ms. Italien 408Ordinacione fate per lo S.re Pere Terzo Re d’Aragona supra lo regimento de tuti li oficiali de la sua corte, a manuscript from the 15th century.

On closer inspection, after the closure of the Europeana Regia project, more can be found. Paris, BnF, ms. Espagnol 63 is the Latin and Catalan version of these ordinances of Pedro III, the Ordinacions de Pere III d’Aragó. A Spanish version of royal ordinances of Pedro IV of Aragon can be found in Paris, BnF, ms. Espagnol 62. Yet another manuscript at Paris (BnF, ms. Italien 958; written around 1477) contains the text of Orso Orsini’s Del governo et exercitio de la militia. Correspondence of king Ferdinand I from 1458 to 1460 in Latin, Catalan and Italian has been preserved in the manuscript Paris, BnF, ms. Espagnol 103. A copy of Guillelmus Duranti’s Speculum iudiciale (Paris, BnF, ms. Latin 4254) was both owned by the French king Charles VIII and later by the kings of Aragon, but eventually it returned to Paris. An illuminated and glossed Bolognese copy of Justinian’s Institutiones and the Authenticum at Paris (BnF, ms. Latin 4436) belonged once to the royal library in Naples. It is intriguing to note that only one of these nine manuscripts with legal texts is now at Valencia.

Behind the doors of the Archivo de la Corona d’Aragón

Logo Archivos Estatales

Jonathan Jarrett (Oxford) gave in 2011 at his blog A Corner of Tenth Century Europe a nice description of the building of the Archivo de la Corona d’Aragón (ACA) in Barcelona and its workings. The ACA traces its history back to 1318 and offers its own virtual tour. Among the many Pedro’s in Spanish history Pedro el Gran (1240-1285) stands out. The ACA organized in 2012 an exhibition on this king; some information on it can be downloaded (PDF). The ACA shows several virtual exhibitions on its website, for example on its own history, historical maps, and especially on Los Libros de Repartimiento of king Jaime I on his possessions in Mallorca and Valencia.

The first initial in Gratian's Decretum - Barcelona, ACA, Manuscritos, Ripoll 7, fol. 17 recto - image Archivo de la Corona de Aragon

The first initial in Gratian’s Decretum – Barcelona, ACA, Manuscritos, Ripoll 78, fol. 17 recto – image Archivo de la Corona de Aragon

In the online exhibition of illuminated medieval manuscripts at the ACA figure a Liber feudorum major from around 1180, the oldest document kept at Barcelona (ACA, Real Cancilleria, registro 1), a Liber feudorum Ceritaniae (ACA, Real Cancilleria, registro 4), and a Decretum Gratiani (ACA, Manuscritos, Ripoll 78), actually one of the very few sources for the first version of Gratian’s Decretum. The progress of the project led by Anders Winroth at Yale University for the edition of this version can be followed online. Winroth described Ripoll 78 in his study The Making of Gratian’s Decretum (Cambridge, etc., 2000) without mentioning the illuminated initials. The ACA provides links to several databases with guides for archival research. At PARES, the Portal de Archivos Españoles, you can search for digitized archival records from Spanish archives. The ACA gives you at its website a brief list of items and records present at PARES. Ripoll 78 is among the digitized manuscripts at the ACA which you can view at PARES.

Apart from archival records you will also find digitized manuscripts from the monasteries of Ripoll and San Cugat now kept at the ACA. At PARES you can find resources using the Inventario Dinámico by selecting the ACA and searching the tree-like representation of the various collections. With the more normal search function you can simply type your preferred term and get a result list. In the winter of 1991-1992 I participated at Leiden in the yearly seminar on juridical palaeography. We read some treatises contained in San Cugat 55, in particular at fol. 92 and 93. I suppose you will forgive me for choosing the 87 digitized medieval manuscripts from this monastery as an example of a result list with items at the ACA. Alas the images are disfigured by a watermark of the Archivos Estatales. On the legal manuscripts from both monasteries more information is available online in the Manuscripta Juridica database of the Max-Planck-Institut für europäische Rechtsgeschichte in Frankfurt am Main and in Giovanna Murano’s incipitario of medieval manuscripts with canon law texts. Due to the move to a new building the library of the institute at Frankfurt am Main is temporarily closed, and thus it is really useful to know that you do not have to wait for all of its microfilmed manuscripts if you want to study them.

Among the digitized archival records are ninety registers of the Real Cancilleria from the thirteenth century – a project briefly described here -, registros of other kings, and several trial records (procesos). A large number of records from the Consejo de Aragón and the Real Audiencia have been digitized. It is difficult to choose examples from the digitized riches at the ACA. Surely I would single out in the section Diversos y Colecciones the nearly 200 cartes árabes and the 126 autógrafos of Spanish kings and queens. Trials in civil law, pleitos civiles, are being digitized from the Real Audiencia de Cataluña where some 22,000 trials survive. Archival records for the Gran Priorato de Cataluña del Orden de San Juan de Jerusalén the Knights Hospitaller of Saint John, have been digitized, too (ACA, ORM, Gran Priorato, Volúmenes y Legajos).

One of the highlights at the ACA are the socalled Capitulaciones de Santa Fe, which bear also the name of Capitulaciones del Almirante don Cristóbal Colón, the agreement between Christopher Columbus and the Reyes Católicos, signed on April 17, 1492. Some of these documents are kept at the ACA (fondo Real Cancilleria, Diversorum, registro 3.569; PDF, 3,2 MB) and elsewhere in Spain. In 2009 the Capitulaciones were added to the UNESCO Memory of the World register. However, the UNESCO photo database shows just two images, and I therefore like to point also to information on an exhibition concerning the Capitulaciones provided by PARES.

Muchos libros digitizados

A particular motive to write about Aragon is the proliferation of digital libraries. Last week I encountered yet another digital library, at the Cortes de Aragón. On my website I listed already some twenty-five Spanish digital libraries! The Biblioteca Virtual de Derecho Aragonés is maintained by the Gobierno de Aragón. The Gobierno de Aragón at Zaragoza maintains also its own Biblioteca Virtual. I did know about the Biblioteca Valenciana Digital and the SOMNI, Fondo histórico of the Universidad de Valencia. The Biblioteca Municipal de Zaragoza has its own digital library, too. Some 1100 rare books have been digitized at the Biblioteca Virtual de la Diputación de Zaragoza. You will find manuscripts, incunables and other early editions among the Tesoros of the Biblioteca Universitaria de Zaragoza, a selection from its Biblioteca Digital del Fondo Antiguo. The ACA, too, thoughtfully provides a bibliography of the main publications concerning this archive, with links to digitized resources, some of them available at the Internet Archive.

In the Fondo Documental Histórico of the Cortes de Aragon you can find digitized manuscripts, drawings, maps and books. Among the manuscripts is a fifteenth-century legal treatise, and you will find also manuscripts of the Coran. Fuentes, source editions for Aragonese law, are to be found in the section with printed materials. My interest was guided to the sixteen printed allegaciones, legal pleadings, and the nine volumes with ordinaciones. I found a Dutch twist, too: Blaeu and Hondius figure among the digitized maps.

In 2012 a portal was created around the life and historical works concerning Aragon of the Jesuit Jerónimo Zurita (1512-1580) who became in 1547 the Cronista del Reino, the official historian of the kingdom of Aragón. The portal brings you not only to digitized editions of his books, foremost among them the Anales de la Corona de Aragón (1562-1580), but also to other chronicles, documents showing Zurita’s activities, and digitized studies on this scholar.

A proud heritage

Arragonia et Navarra, map by Joan Blaeu,1647

Aragonia et Navarra, map by Joan Blaeu, from: Le Theatre du Monde ou Nouvel Atlas (Amsterdam 1647) – image Cortes de Aragón, Fondo Documental Histórico

Let’s not overload this post with too much digitized materials from Aragon! At PARES it is wise to look for the history of Aragon not just at the ACA, but also in Madrid and Simancas. The DARA website for the Documentos y Archivos de Aragón is one of the places to look for further guidance. In fact the PARES portal guides you also to the Censo-Guía de Archivos de España y Iberoamérica, an online guide to Spanish and Ibero-American archives. The Gobierno de Aragón gives an overview of Aragonese culture and heritage at the portal Patrimonio Cultural de Aragón. It is possible to mention here a number of archives, but I will restrict myself to the Archivo Histórico Provincial de Zaragoza, with in its holdings records of the Tribunal de la Inquisición de Zaragoza between 1440 and 1621. The ACA is an institution in Barcelona, within Catalonia. The Memòria de Catalunya portal brings you to many collections. One of these collections is specifically concerned with Aragon and contains some 1700 allegaciones, pleadings by barristers who were members of the Illustre Collegi d’Avocats de Barcelona. I could not help noticing the library of this college has also digitized its Atles Blaviana, the Atlas Major of Joan Blaeu (11 vol., Amsterdam 1662), accessible at the Memòria de Catalunya. A very interesting and detailed online bibliography on Aragonese law in past and present is offered at Standum est chartae, the website of the department for derecho civil aragones of the Universidad de Zaragoza.

Of course other Spanish digital libraries offer online access to books and other documents concerning Aragon. It is in particular useful to look at the portal Legislación Histórica de España. The Biblioteca Digital Hispánica of the Biblioteca Nacional de España in Madrid yields many hundreds results after a simple general search for Aragon, among them nearly 200 manuscripts. At Hispana, the general portal for Spanish digitized heritage, it is not only possible to access digitized items, but you can benefit also from the indications found in the directory of digital collections. Similarly the Biblioteca Virtual del Patrimonio Bibliográfico helps you to search for materials in many Spanish libraries and archives. A number of Spanish archives, including the ACA, the Archivo General de Indias in Sevilla, and the general archives at Madrid and Simancas, have created a network for their library catalogues, the Catálogo Colectivo de la Red de Bibliotecas de los Archivos Estatales. At the end of this post I feel confident that you will find something useful here when you start to study Aragon and the many sides of its legal history. A number of websites mentioned here is also accessible in English. Digitization projects provide in a very real sense a royal road to many valuable resources concerning the kingdoms of Aragon.

Digital wealth: comparing national digital libraries

On April 13, 2013 the Digital Public Library of America (DPLA) was launched, an initiative that brings together digitized sources from a number of cultural institutions in the United States. In November 2012 the Deutsche Digitale Bibliothek (DDB) started which combines the digital collections of over 2,000 institutions in Germany. The DDB is still in its beta-version. A Wealth of Knowledge is the motto of the DPLA. In this post I will try to make a comparison between the new American and German national digital libraries. For this purpose I will look both at rather random chosen subjects, and also at specific subjects with a link to legal history. How rich are both initiatives? Do these two new digital libraries compare favorably with other national digital libraries? Actually it is already interesting to look how many comparable initiatives exist worldwide. A number of them is mentioned on my own webpage for digital libraries. Moreover, it is sometimes difficult to tell a national library portal apart from a general search portal or a national portal for digitized cultural heritage.

The limits of comparison

Logo Digital Public Library of America

Perhaps it wise to start here with a Dutch proverb, je moet geen appels met peren vergelijken, do not compare apples with pears, in other words, don’t compare incomparable things. Each of the digital portals and national digital libraries has its own history, background and very different cooperating partners. In my view it is not unimportant to bear in mind this when I assess the qualities of the DPLA and the DDB. I do not want to judge them, but solely to put the efforts behind both libraries in perspective.

The first impression of the website of the Digital Public Library of America is colourful and inviting. A rolling banner shows an impressive array of beautiful images and photographs of important people and events. Visitors of the website can immediately starting looking at information for particular locations, dates and years. The exhibitions section brings you quickly to a number of themes. For legal history I would like to single out Indomitable spirits: Prohibition in the United States. Below the motto A Wealth of Knowledge you can enter a free text search. The DPLA gives prominent space to its tweets, a news section and its apps, alas not yet the applications to use on smartphones to search its contents, but two separate search interfaces. One of the apps enables searching in both the DPLA and Europeana. I will include this double search app and Europeana, too, in my comparison. For brevity’s sake I will not discuss here the Library Observatory with a more abstract presentation of the search interfaces of contributing institutions.

A first hesitation occurs when you notice no less than three horizontal menus to navigate the DPLA portal. The uppermost menu is definitely more concerned with the background, and perhaps you will scarcely need it. For navigation a site map would be helpful, also when facing the multiple browse and search options, the choice in the presentation of results and the way to filter them. In one of the new items you can read in small print that the DPLA is launched as a beta-version.

Engraving of Aaron Burr

Engraving of Aaron Burr – Enoch Gridley after John Vanderlyn, c. 1801 – National Portrait Gallery, Smithsonian Institution

How to probe faithfully the quality of any meta-catalogue or portal to cultural heritage? In my view both well-known matters and rather randomly chosen examples will help clarifying this matter. As for the random example, I will choose subjects and themes which just happened to be within my view these days. At his blog Appealingly Brief Dan Klau wrote on April 18, 2013 a posting on Aaron Burr (1756-1836), the vice-president who shot Alexander Hamilton in a duel in 1804, and the ancestor of the filibuster in the U.S. Senate, the endless speech used to stop senators from voting on bills and other proposals. Until now the filibuster figured on my blog only in his original form as a pirate, and thus I am happy to welcome his namesake!

The DPLA finds 20 results on Aaron Burr. Not one of them is directly connected with the filibuster, but more with the conspiracy for which Burr was indicted on November 25, 1806, and with Liberty Hall in Frankfort, Kentucky, a place visited by Burr. I found just one image of Burr himself. The double app for the DPLA and Europeana, too, brings 20 results from the DPLA, and 3 digitized books in Europeana. It is the constellation of holding institutions in the DPLA that surprises me, and their content. The search term filibuster gives me just six results, all of them cartoons from the twentieth century. No doubt the cultural institutions that cooperate in the DPLA hold great treasures, but you would expect results from digital collections at Ivy League universities, and from libraries such as the New York Public Library, the Newberry Library in Chicago and the Boston Public Library, although this library is present as a general partner in the Digital Commonwealth portal of cultural institutions in Massachusetts, a portal linked to the DPLA. As for now only the NYPL and Harvard Library already participate in the DPLA. In the digital gallery of the NYPL I found 57 images concerned with Aaron Burr. It seems that you cannot search yet all digital collections of Harvard Library in one search action at its website.

At present it seems the DPLA has enlisted the services of only a few major institutions, among them The Smithsonian Institution and the U.S. National Archives and Records Administration. Searching the Smithsonian collections for Burr yields more than 200 results. Looking for Burr on the website of the NARA will easily bring you 75 results. Clearly not of all of them connect immediately to digitized materials, but still the difference is very large. Somehow the aggregating process behind the DPLA is not working as completely and correctly as possible. However, the DPLA is helpful in another way: when you click on More subjects you will find a nice overview of associated themes. For Burr the filibuster is missing among these proposed subjects.

Culture and knowledge

Logo Deutsche Digitale Bibliothek

The second library portal in my comparison is the Deutsche Digitale Bibliothek (DDB). At its launch in November 2012 only a beta-version became visible, thus inviting criticism. The first impression of the DDB is austere, a white background with only a search interface, a slide show with just six pictures, and two clear menus. A sitemap seems at first superfluous, but with a view to the future it is wise to include it already. The language of the search interface can be switched to German or English. Below the general free text search field you can click on Advanced search where you will find initially find just two search fields. However, you can add search fields at will, choose from ten categories, and set the character of a boolean search on “AND”or “OR”. The link to institutions brings you to a map of Germany and a search interface to filter for archives, libraries, museums, research institutions, media and monument protection. At present nearly 2,000 German institutions contribute to the DDB.

The Grimm brothers

The Grimm brothers, drawing by Ludwig Emil Grimm, 1843 – Dresden, Staatliche Kunstsammlungen – image Deutsche Fotothek, Dresden

How to test the qualities of the DBB in a fair and reliable way? 150 years ago Jacob Grimm died, the eldest of the Grimm brothers. Jacob Grimm (1785-1863) was not only responsible for the Kinder- und Hausmärchen (1812) – the fairy tales had their own bicentennial last year; a digital version of the first edition is present at the Deutsches Textarchiv – and with his brother for the Deutsches Wörterbuch, but published also a number of works which touch upon legal history, starting perhaps with a famous article ‘Von der Poesie im Recht’, Zeitschrift für geschichtliche Rechtswissenschaft 2 (1816) 25-99, on the poetry of the law, and editions such as the texts in Reinhart Fuchs (Berlin 1834) and the Deutsche Rechtsalterthümer (first edition in two volumes, Göttingen 1828).

Just entering “Jacob Grimm” in the DDB gives you already more than 200 results, with 80 images of either Jacob Grimm or both him and his brother Wilhelm. You will find the first three volumes (A to Forsche) of the Deutsches Wörterbuch. The DDB does not bring you to a digitized version of the 1816 article, online in the digital library for German legal journals of the nineteenth century at the Max-Planck-Institut für europäische Rechtsgeschichte in Frankfurt am Main. The DDB does contain the Reinhart Fuchs from 1834, and a letter on the subject of this book on several medieval versions of the Ysengrinus story by Grimm to the philologist Karl Lachmann, Sendschreiben an Karl Lachmann von Jacob Grimm über Reinhart Fuchs (Berlin 1840). The DDB lists several digital copies of the 1828 and 1854 editions of the Deutsche Rechtsalterthümer. Twice it is stated the first edition appeared in Leipzig, but the title pages of both volumes of this edition mention Göttingen. The error is due to the source of the meta-data on the digitized copy in question, in this case the Bayerische Staatsbibliothek in Munich.

With Grimm I choose an example from the very heart of German romanticism and scholarship. The formal end of the German Holy Roman Empire came in 1803 with the Reichsdeputationshauptschluss, a decision of the German Reichstag at Regensburg. One of its consequences was the end of the secular power of a number of German ecclesiastical institutions over large territories, and the secularisation of all possessions of German monasteries. Many libraries were torn apart and ended in the holdings of new large libraries such as the Bayerische Staatsbibliothek. By some German scholars 1803 has been described as a more decisive turn in German history than the French invasion by Napoleon. The DDB shows 106 results concerning this decision, not just books, but also links to archival records. Alas the links to the Landesarchiv Baden-Württemberg in Stuttgart are only links to the online finding aids, not to the archival records themselves. When searching for Jacob Grimm at Europeana you get literally hundreds results. A search for the Reichsdeputationshauptschluss as a subject brings at Europeana only four results, but they happen to be the digitized appendices to the decision of the Reichstag with detailed information about institutions and territories. These volumes have been digitized by the Bayerische Staatsbibliothek. If you search for titles with the same word, you get seven results, again from the same library.

Promises to be fulfilled…

How to assess the results presented in the DPLA and the DDB? Even when bearing in mind we have only been in touch with the beta-version of both digital portals a feeling of disappointment is not far away. For all its colourful and alluring aspects the actual search results at the DPLA are meagre. When you try to search for the same subjects in the online collection databases of some of the major participating institutions you get more results than are at presented harvested by or aggregated at the DPLA. The presence of less well-known digital libraries in the DPLA is a promise for the future. It is good that the nets of the DPLA are not only cast in familiar fishing waters. No doubt the number of participating institutions will steadily grow. In itself it is a strength that this portal does transcend the borders and limits of the traditional library. Images, sound recordings, archival records and artefacts are welcome in the DPLA without any prejudice. The side effect is, however, that books are not as prominently present as you would wish them to be. Some subjects are distinctly nearly absent in the DPLA. The last thing I expected to find in the DPLA among the few results for decretals was a digitized copy at the Brigham Young University of a rare edition of a medieval decretal taken from the edition of the Compilationes antiquae (Lerida 1576) by Antonio Agustín.

The DDB is a bit of a paradox. I have never seen before a digital portal with nearly 2,000 cooperating institutions behind it. I had expected more and more interesting search results for the examples I have chosen here. They stem from a pivotal period in German history and culture. It is not very reassuring to find that searches elsewhere, for example at Europeana and in the collections of the Bayerische Staatsbibliothek yield more results than at the DDB. Especially when you realize German regional meta-catalogues, and at the top of them the Karlsruher Virtueller Katalog, help you to track books, including digitized copies, in a very quick and reliable way, the question arises what the aims and goals of the DDB are. Is one it aims to do better than the BAM-Portal? The BAM-Portal finds more results, but on closer inspection only a portion of them concerns digitized materials.

How do the DPLA and DDB compare to similar national and international initiatives? Europeana came into view here already several times. A search for Aaron Burr at the European Library brings you 35 digital results. I found for the filibuster 68 results, with just 5 digital resources. Among the results you can filter for disciplines, which is helpful to find the right kind of filibuster. A similar search for the decision in 1803 to dissolve the Holy Roman Empire yields 23 digital results, with again mostly items digitized at Munich.

Worldwide several library portals exists which combine the forces of several national or even foreign collections to present their digitized resources. Here just a few examples: Gallica, the digital library of the Bibliothèque nationale de France, increasingly aggregates also digitized books from other libraries, for example at Lyons and Toulouse. The Biblioteca Europea di Informazione e Cultura is an Italian initiative which combines the forces of a number of thematic and special collections. In Mexico a number of institutions work together in the Biblioteca Digital Mexicana. Fifty digital libraries in Poland can be searched using the portal of the Federacja Bibliotek Cyfrowech. The Biblioteca Virtual Miguel Cervantes is a portal of several major Spanish institutions. For Catalonia the portal Memòria Digital de Catalunya brings you to even more institutions. In the portal Digital NZ – Á-Tihi Aotearoa a number of cultural institutions in New Zealand bring digitized collections together.

One of the main factors for the success of digital library portals is the way data and meta-data are harvested and aggregated. In countries where many different digitization standards prevailed it is surely more difficult to create a successful portal website. The Polish consortium of digital libraries unites institutions which use exactly the same system. Efforts to create a national portal can diminish the financial means for participating institutions to digitize materials that you would like to find also at the national level. The launch of the DPLA took place in Boston. It was no coincidence that I mentioned the position of the Boston Public Library. Its participation in the Massachusetts portal Digital Commonwealth surely poses both possibilities and limits.

Not the least factor in the success of digital portals is sticking to international standards and at the same time creating a tool that is useful for users with different interests and backgrounds. Some portals might in fact be closer to a kind of national showcase than a research tool that fits the needs of scholars from various disciplines. Sometimes it is clear you will start your search elsewhere: for digitized historical maps a first orientation is given at such portals as David Rumsey’sOld Maps Online and Archival Maps, and a second major resource to use for this purpose is the GEO-LEO-portal of the Technische Universität Bergakademie Freiberg and the university library at Göttingen. In my view the DPLA and DDB should get the benefit of doubt. It is clear that they do not yet fulfill all high expectations, but at the same time it is wise to realize nobody would see them as the one and only gateway to digital resources in a particular country. Hopefully constructive comments will be more helpful than harsh early criticisms to create the first complete releases of the DPLA and DDB more satisfactorily. These promising portals deserve a second chance.

A postscript

The portal to historical maps of David Rumsey will shortly join the forces of the DPLA. Among the European portals I could have mentioned the Spanish portal Hispana.

The tercentenary of the Treaty of Utrecht (1713)

Logo Vrede van Utrecht - Peace of Utrecht

In 2012 I wrote twice about the Peace of Utrecht, the series of treaties which ended the War of the Spanish Succession (1702-1713). The first post looked in great detail at the textual tradition of the Westphalian Peace of 1648, the Peace of Utrecht and the Peace of Aix-la-Chapelle (1748). The post contains an overview of treaty collections and relevant websites for historical treaties. In my second post I looked at Early Modern peace treaties more generally and I tried to summarize the results of my first post and to bring together some elements for a search strategy. One of my main points was these peace treaties are indeed treaties in the plural. The Peace of Utrecht consists of 22 treaties, counting also the treaties concluded at Baden (1714) and Rastatt (1715). On April 11, 1713 seven separate treaties were concluded. Last week it was exactly 300 years ago that Utrecht was at the center of contemporary international politics.

For the commemoration in 2013 some 150 events will take place in Utrecht. In this post I want to inform you briefly about the more scholarly events such as congresses, lectures and exhibitions. It seemed useful and sensible not to present information on a number of related congresses only in a chronological order at the congress calendar of this blog. I will skip the publicity in the media which incidentally had to battle against other Dutch festivities, such as 125 years Concertgebouw and Concertgebouw Orchestra, and the re-opening of the Rijksmuseum in Amsterdam after ten years of renovation. In this post I will benefit from a posting in Dutch on the Treaty of Utrecht at the website of the Foundation for the History of Old Dutch Law.

A scholarly approach of the Peace of Utrecht

The peace treaty between France and the Dutch Republic - The Hague, National Archives

The peace treaty between France and the Dutch Republic, signed in Utrecht, April 11, 1713 – The Hague, National Archives

Among the festivities in 2013 surrounding the commemoration scholarly events are not absent, but it took quite some time before one could notice them at the official website for the tercentenary, and eventually they are somewhat tucked away between concerts and other artistic events. A kind of filter would make it more easy to select particular events. The choice of one of the related themes, the commemoration of the abolition of slavery in Suriname in 1863, can be discussed. The treaty between Great Britain and Spain in which the Asiento de Negros, the concession for the Atlantic slave trade, was transferred to Great Britain, has conspicuously been signed March 26, 1713 in Madrid. However, the first major commemorating congress is called Performances of Peace: Utrecht 1713-2013 (Utrecht, March 24-26, 2013). The second main congress includes the history of slavery by focusing on colonial history, The Colonial Legacy: The Treaty of Utrecht 1713-1863-2013 (Utrecht, June 21-22, 2013). A one-day conference – which I normally would not include on my blog’s event calendar – looks at the long time influence and consequences of 1713, The 1713 Peace of Utrecht and its enduring effects (Utrecht, September 19, 2013).

Not only in Utrecht scholars will meet to discuss aspects of the Peace of Utrecht. The Peace Palace in The Hague and the University of Utrecht will organize a two-day conference The Art of Peace Making: Lessons Learned from Peace Treaties (September 19-20, 2013). In Paris the conference Une paix pour le monde: Utrecht 1713 will take place from October 24 to 26, 2013. In Canada a conference will be held in Montreal, 300 years of collective security since the treaty of Utrecht (1713-2013) (November 22, 2013). On November 29, 2013 the city archive of Ypres will host a one-day conference on the history of the Franco-Belgian border.

Some scholarly events have already been held. In Baden scholars met in November 2012 to study the efforts in the field of translation in diplomacy and publicity concerning the treaties of Utrecht, Baden and Rastatt. The German calendar website for the humanities H-Soz-u-Kult provides a report on this congress. In Madrid a three-day conference was hosted from June 7 to 9, 2012, on the theme 1713-2013: The Peace of Utrecht revisited. Historiographical Debate and Comparative Studies. A preparatory workshop on Rethinking the Peace of Utrecht 1713 for the conference in Madrid took place in Osnabrück on May 5-7, 2011. Two scholars participating in Madrid, Ana Crespo Solana and David Onnekink, will lecture together in Utrecht on April 23, 2013 on Los españoles, Europa y los Tratados de Utrecht.

Museums and the Peace of Utrecht

Some of the events commemorating the Peace of Utrecht enlist the services of modern art to bring home the importance of this peace treaty today. This year museums in Utrecht organize a number of activities, for which they have developed a special website, alas only in Dutch. For people who like to stick to history the safest choice is to visit the main exhibition In Vredesnaam [In the Name of Peace] at the Centraal Museum (April 12 to September 22, 2013). The archives at Utrecht have created an exhibition with the title Hoge pruiken, plat vermaak [High wigs, mean pleasure] at the visitor center located in the old provincial court, the building from which the header image of my blog stems. Clearly the imagery of the peace conference and the boost to city life for Utrecht in the early eighteenth century is at the heart of this exhibition (March 16 to September 25, 2013).

It was only by chance that I found information about another small exhibition at Utrecht – not mentioned at the special museum website – which documents in its own way the history and impact of the Peace of Utrecht. At the former guild hall of the blacksmiths, the St. Eloyengasthuis, an exhibition focuses on eighteenth century damask with images celebrating the peace treaty (April 24 to May 23, 2013).

New publications concerning the Peace of Utrecht

The peace negociations at the city hall of Utrecht, 1712 - Rijksmuseum, Amsterdam - image from  The Memory of the Netherlands, Historical Engravings from the Frederik Muller Collection

The peace negotiations at the city hall of Utrecht, 1712 – Rijksmuseum, Amsterdam – image from The Memory of the Netherlands, Historical Prints from the Frederik Muller Collection

As for recent scholarly publications concerning the Peace of Utrecht I have looked for them, but the harvest until now is meagre, and their language is mainly Dutch. In my contribution in Dutch I have listed also a few less recent publications. David Onnekink and Renger de Bruin have published De Vrede van Utrecht (1713) [The Peace of Utrecht (1713)] (Hilversum 2013), a very concise book which explains in its short compass successfully the importance of the peace that ended eleven years of war. Even the earlier commemorations in 1813 and 1913 are not forgotten. Scholars will take advantage from the list of pamphlets, printed correspondences and a up-to-date overview of the main relevant scholarly literature. I enjoyed the splendid choice of illustrations in this book. Onnekink and De Bruin do not forget to tackle the question why Utrecht was chosen. Several reasons have been mentioned, but none of them was mentioned by contemporaries. Surely the reception of the French king in 1672 by the city of Utrecht was quite favorable, and the States of Utrecht had advocated a peaceful solution against opposition from other Dutch provinces, but other cities could have hosted the negotiating parties, too. The two steps at the front of the old city hall did indeed nicely solve the problem of precedence among diplomats. The story of the streets and squares of Utrecht offering plenty space to coaches is a just a story. The city of Utrecht still lacks large squares!

In his new book historian Donald Haks studies the theme of publicity in the Dutch Republic during the late seventeenth and early eighteenth century, with a particular focus on pamphlets, Vaderland en vrede, 1672-1713. Publiciteit over de Nederlandse Republiek in oorlog [Fatherland and peace. Publicity about the Dutch Republic at war] (Hilversum 2013). Haks offers a broad perspective at all cultural aspects and forms of communication and information about the period of war which marked the slow decline of the Dutch Republic as an European power. Daan Bronkhorst looks at the early Enlightenment, political theory, colonial history and the role of monarchies in his volume of essays with the title Vrijdenkers, vorsten, slaven. Een nieuwe blik op de Vrede van Utrecht [Free minds, princes, slaves. A new look at the Peace of Utrecht] (Breda 2013).

Stefan Smid (Universität Kiel) wrote Der Spanische Erbfolgekrieg : Geschichte eines vergessenen Weltkriegs (1701-1714) [The War of the Spanish Succession. The history of a forgotten world war [1701-1714)] (Cologne 2011). At H-Soz-u-Kult Axel Flügel criticized the old-fashioned treatment of the subject by Smid who failed to put events and developments in broad perspectives, and at Sehepunkte Josef Johannes Schmid had even heavier remarks for Smid’s book. Hopefully other scholars will this year succeed in creating convincing, interesting and fitting new views of a war ended by a series of landmark peace treaties at Utrecht, Baden, Rastatt and Madrid.

A postscript

At The Memory of the Netherlands I found a slightly augmented version of the print showing the city hall of Utrecht in 1712 from the collection of the Atlas Van Stolk in Rotterdam, with below the picture a list of all negotiators and the houses where they were lodged.

Antonio Agustín, a pioneer of the history of medieval canon law

During the sixteenth century European humanists developed their interest in the history of texts. Instead of just printing texts from old manuscripts they started comparing different versions of texts. Thus they stood at the cradle of philology and modern philological methods. The majority of these humanists devoted themselves to texts from Classical Antiquity, few of them set feet on the field of textual criticism for the Bible, and even less looked to legal texts other than the sources of Roman law. Antonio Agustín (1517-1586) was the first scholar to deal with the text of the Decretum Gratiani, the most important medieval collection of texts concerning canon law that held a central place in the study of canon law until 1917. In this post I will give an overview of his works, their accessibility online, and I will point to modern studies on his work and life.

A prince of scholars

Antonio Agustín

Antonio Agustín – portrait early seventeenth century

Antonio Agustín y Albanell was born in 1517 in the Spanish town Zaragoza. His father was the vice-chancellor of Aragon. Already in 1526 Agustín went for his studies to university, first at Alcalá de Henares, two years later at Salamanca. In 1535 he started to study law at the university of Bologna, where he met Andrea Alciato (1492-1550), one of the foremost humanistic lawyers. In 1537 he went to Padua to study Greek. In 1541 Agustín received at Bologna the degree of doctor utriusque iuris, for both Roman and canon law. In the field of the history of Roman law Agustín made himself immediately known with his first published work. In the late fifteenth and early sixteenth century a small number of scholars examined the Codex Florentinus, the manuscript of Justinian’s Digest, since 1406 kept as a treasure in Florence. In 1543 Agustín published a study in which he argued that this manuscript is closer to the original text from the sixth century than the vulgate version of the Digest found in countless manuscripts since the twelfth and thirteenth centuries, and reprinted in many editions since the late fifteenth century. The Emendationum et opinionum libri quattuor were first published in Venice, and soon reprinted in Basel (1544) and Lyons. Using the Hathi Trust Digital Library it is possible to consult online two copies of the first edition held at the Universidad Complutense de Madrid. The edition Basel 1544 can be consulted online (Digitale Sammlungen, Bayerische Staatsbibliothek, Munich), and also the editions Lyons 1559, Lyons 1574 and Heidelberg 1594, all present at Munich.

Agustín’s career can be summarised fairly quickly, but this does not do justice to his scholarly activities. In 1544 Agustin became an auditor, judge, of the Rota Romana, one of the highest courts of the Catholic Church. Charles Lefebvre edited an unpublished text by Agustín on the practices of the Rota Romana in the volume Antonii Augustini Praxis Rotae. Jacobi Emerix Tractatus seu Notitiae S. Rotae Romanae : deux traités inédits sur la procédure de la S. Rote Romaine (Tournai, s.d. (1961)). The popes sent him on several diplomatic missions. In 1562 and 1563 he attended sessions of the Council of Trent. He became bishop of Alife in the Kingdom of Naples in 1556. In 1561 Agustín was called to the see of Lérida in Spain, and in 1576 he became archbishop of Tarragona, where he died in 1586. In the sixteenth century leading scholars wrote many letters to keep in touch with each other. Cándido Flores Sellés edited an Epistolario de Antonio Agustín (Salamanca 1980). Letters by Agustín are included in the Correspondance de Lelio Torelli avec Antonio Agustín et Jean Matal (1542-1553), Jean-Louis Ferrary (ed.) (Como 1992). Juan E. Alcina Rovira and Joan Salvadó Recasens have recently studied Agustín’s library, La biblioteca de Antonio Agustín. Los impresos de un humanista de la Contrarreforma (Alcañiz 2007). Many of his books and a number of manuscripts with Greek texts stemming from Agustin’s library found their way to the library of the Escorial.

In this post I will not discuss Agustín as a scholar of Roman law, even though he kept working in this field, too. In 1567 he even published two text editions in one volume, the Constitutiones Graecarum Codicis Justiniani imperatoris collectio et interpretatio, with the Greek constitutions in the Codex Justinianus, and Novellarum Juliani antecessoris Epitome, cum notis et constitutionibus, graece (Lérida 1567), with the Epitome Juliani. Pietro Fiorelli and Anna Maria Bartoletti Colombo edited the volume Iuliani epitome latina Novellarum Justiniani, secondo l’edizione di Gustavo Haenel e col glossario d’Antonio Agustín (Florence 1996) which uses Agustín’s work. Agustín edited also texts by Marcus Terentius Varro, Sextus Pomponius Festus and Marcus Verrius Flaccus, and he wrote about Roman antiquities and inscriptions. On Roman law he published further in particular De nominibus propriis tou Pandektou Florentini (Tarragona 1579; online in the Hathi Trust Digital Library) and De legibus et senatus consultis (Rome 1583; online at the Hathi Trust, at Granada and at Munich). For brevity’s sake I have skipped later editions of these works. In the eighteenth century appeared the collection Antonii Augustini Archiepiscopi Tarraconensis Opera omnia (8 vol., Lucca 1765-1774; online, Hathi Trust) which contains also a number of his letters.

Agustín and medieval canon law

The Council of Trent (1545-1563) had addressed many aspects of church life, but not canon law. Ecclesiastical law came under review during the pontificate of pope Pius V. He decided in 1566 that an official edition of the various sources within the Corpus Iuris Canonici should be made. The correctores Romani, a team of scholars, was charged with this task. Originally the commission would have been led by Antonio Agustín, but he declined this position. He kept in touch with the scholarly team. In 1580 pope Gregory XIII could finally promulgate the new edition, published in three volumes (Rome 1582), consultable online at the library of the University of California at Los Angeles. Recently Mary Sommar has published a study about the project for this edition, The Correctores Romani: Gratian’s Decretum and the counter-reformation humanists (Berlin 2009).

The sheer width of Agustín’s activity comes into sight when you realize he did not forget his episcopal duties. As bishop of Lérida he personally supervised the making of the Sacerdotale (…) Ilerdense (Lérida 1567), nowadays a rare work. The Institut d’Estudis Ilerdenc in Lérida has digitized its copy. As an archbishop he helped starting a printing firm at Tarragona. Agustín was responsible for the Constitutionum prouincialium Tarraconensium libri quinque (Tarragona 1580; online, Hathi Trust) and Constitutionum synodalium Tarraconensium partes quinque (Tarragona 1581; online, Hathi Trust). In the third volume of the Italian Opera omnia you can find a reprint of these constitutions, and also the synodal constitutions for this archdiocese. At Lérida appeared in 1576 the first edition of the Compilationes antiquae, with four of the five decretal collections before the Decretalium liber Gregorii IX – more commonly called the Liber Extra – was promulgated in 1234. Using the Hispana portal the Antiquae collectiones decretalium (Lérida 1576) can be found in digitized form at several Spanish libraries. They offer this work in the PDF format. At Munich you can consult a page by page version of this edition.

Agustín’s edition has been reprinted in source editions by scholars ever since, but no new edition of the Compilationes antiquae has appeared until now, for Emil Friedberg presented in his Quinque compilationes antiquae (…) (Leipzig 1882; reprint Graz 1956) only the incipits of the papal decretals included in these collections. Stephan Kuttner discussed Agustín’s edition in ‘Antonio Agustín’s edition of the Compilationes antiquae’, Bulletin of Medieval Canon Law, New Series 7 (1977) 1-14. For the history of medieval canon law Agustín’s De emendatione Gratiani dialogorum libri duo (Tarragona 1587) is no doubt his most important work. I could find an online version of the first edition, again at the Hathi Trust Digital Library, but not for the important reprint edited by Étienne Baluze (Antonii Augustini archiepiscopi Tarraconensis dialogorum libri duo de emendatione Gratiani (Paris 1672)). Agustín discusses matters such as the original title of Gratian’s work, the problem of misleading inscriptions of various canones, the sources used by Gratian and their supposed or real origin, in particular for canons stemming from church councils. He did notice at many turns erroneous attributions of canons. In particular canons from the collection ascribed to Isidorus Mercator got his attention, but even though Agustin expressed grave doubt about the quality of this collection he did not proceed here or elsewhere to a full examination of the complex of the Pseudo-Isidorian decretals. In the so-called Magdeburg Centuries (Historia ecclesiastica (…) (13 volumes, Basle, 1559-1574)) protestant historians had unmasked this collection as a massive falsification. For catholic writers in the sixteenth century it was difficult to support this view. As few others Agustín was certainly equipped to deal with this problem.

The Epitome iuris pontificii veteris is the companion work to De emendatione Gratiani, and indeed without this compendium of canon law the latter would not have appeared at all. The first part of this Epitome was published at Tarragona in 1587; a digital version (PDF) has been created by the Universidad de Granada. In the first volume with the subtitle De personis Agustín deals with ecclesiastical functions, with laity and heretics, and at the end briefly with the position of Jews and pagans. The second and third volume were published posthumously for the first time as Iuris pontificii veteris epitome (…) at Rome between 1611 and 1614. The second volume deals with de rebus, matters, the third with de iudiciis, verdicts. At Ghent only the first and second volume of the 1611 edition have been digitized. In the second part Agustín starts with an overview of the history of conciliar collections before Gratian with the title De quibusdam veteribus canonum ecclesiasticorum collectoribus iudicium, et censura.

In the volume Canones paenitentiales (…) (Venice 1584; online, Hathi Trust) Agustín edited six texts concerning penance, including a Poenitentiale Romanum. He gives an introduction to the history of penance, penitential canones and in particular the early medieval libri paenitentiales. One of the reasons he adduces in his preface for taking interest in these sources is the fact that the Decretum Gratiani has not the same authority as papal decretals and conciliar canons, and therefore it is necessary to look at the original sources. The first edition of this edition appeared again in Tarragona in 1582. In an Epistola decretalis Innocentii III. Summi Pontificii (…) (Paris 1609; online, University Library, Ghent) the text of the famous decretal Per venerabilem (X. 4.7.13) of pope Innocent III from 1202 is given, a letter first included in the Compilatio Tertia (3 Comp. 4.12.2). The text of the decretal is taken from Agustín’s 1576 edition of the Compilationes quinque – at f. 209r-210r -, but the source of the following commentary is not clear. The core of the short introductory text is a defense of the prerogatives of the French king and the traditional independent ecclesiastical position of France.

Studying Antonio Agustín

Up to the twentieth century only a small group of scholars endeavoured on the paths first walked by Agustín. I mentioned already Étienne Baluze. Praise for Agustín came directly after his death in a work by Andreas Schott, a Flemish scholar, in his Laudatio funebris. V.Cl. Antonii Augustini (…) (Antwerp 1586). About this text José C. Miralles Maldonado recently wrote an article which can be consulted online, ‘Andreas Schott y su laudatio funebris en memoria del humanista aragonés Antonio Agustín’Myrtia 23 (2008) 315-342. Gregorio Mayáns y Siscár (1699-1781) published a Vida de D. Antonio Agustín arzobispo de Tarragona (Madrid 1734), online in Munich. This work helped in the long run resuscitating interest in this sixteenth-century scholar. It led to the publication of his Opera omnia at Lucca between 1765 and 1774, and to several editions of his letters from manuscripts scattered around Europe. You can find online more interesting articles about Agustín and his correspondance, for example Jean-Louis Ferrary, ‘Les travaux d’Antonio Agustín à travers la lumière de lettres inédites à Lelio Torelli,’ Faventia (1992) 60-83, and Joan Carbonell Manils, ‘La relación epistolar inédita entro Antonio Agustín y el papa Gregorio XIII’Faventia 22 (2000) 121-138. To these online articles one should add in particular an article by Cándido Flores Selles, ‘Respuestas ineditas de Antonio Agustín a consultas de amigos’, Revista de la Facultad de Derecho de la Universidad Complutense de Madrid 73 (1987-1988) 111-185. Francis M. de Zulueta devoted his 1939 David Murray Lecture to Don Antonio Agustín (Glsagow 1939), an eminently useful starting point if you would like to start with or stick to literature in English. M.H. Crawford edited a volume of essays on Agustín, Antonio Agustín between Renaissance and Counter-Reform (London 1993). Crawford wrote the article on Agustín for the Encyclopedia of the Renaissance, Paul F. Grendler (ed.) (6 vol. New York 1999), in volume I, pp. 26-27. For sources about Agustíns library, his life and correspondence Marc Mayer’s article, ‘Towards a History of the Library of Antonio Agustín’, Journal of the Warburg and Courtauld Institutes 60 (1997) 262-272, is well worth reading.

Agustín deserves his position among the pioneers of the history of Roman and canon law in particular for his unflagging interest in both fields. His interests in legal history were accompanied by studies on Classical Antiquity in the widest sense, including for example inscriptions. He wrote also about medals and even about heraldry. His Dialogos de las armas, i linages de la nobleza de España was published by Mayáns y Siscár (Madrid 1734), of which a facsimile edition appeared recently (Valencia 2005). It is again in the Digitale Sammlungen at Munich that you can find an online version of the 1734 edition, and for example also at Santiago de Compostela. Using the search functionalities at the Hispana portal you can find in Spain more digital versions of his works, and also some library catalogues with manuscripts of his works. Mentioning this work should not diminish the fact that Agustín was a scholar with a mind to work in major legal disciplines and the auxiliary historical sciences. He did not devote himself exclusively to one field, something which scholars nowadays all too often simply have to do. I hope this post shows you something of Agustíns versatility and his lasting importance for those who are working in the field of medieval canon law.

Pirates, a sequel

You could have placed a bet on it: a post on pirates mentioning pirate movies inevitably will get a sequel! Just creating a postscript to last week’s post would have been a possibilty but for the length of that post. Here I offer only some additions to restore a certain imbalance and to bring some information about a few obvious gaps.

  • Esquemelins De Americaensche zee-roovers (Amsterdam 1678), the first edition in Dutch of this classic book, can be consulted online at the library of the University of Virginia.
  • Spanish resources were scarcely mentioned in my post. Using for instance the Hispana portal to digitized sources from the Spanish cultural heritage brings already substantial results. Old and modern books on pirates are abundantly present in the Biblioteca Digital Hispánica of the Biblioteca Nacional de España.
  • Pirates have different names in European languages. In English one encounters for example privateers, buccaneers, filibusters and pirates. Germans write about Piraten and Kaperei. The Barbary corsairs are in German Rifpiraten. The French words corsaire and piraterie come as no surprise. The Dutch word kaper stands also for a kind of cap, a rather different thing. When searching in the Memory of the Netherlands you will meet both kind of kapers. You will find these caps also in the database for Dutch probate inventories between 1600 and 1900 of the Meertens Instituut in Amsterdam.
  • I did not at all mention pirates in classical Antiquity. Fik Meijer, not only a renown historian of antiquity but also a maritime archaeologist and an avid diver, writes in De Middellandse Zee. Een persoonlijke geschiedenis [The Mediterranean, a personal history] (Amsterdam 2010) also about piracy. Meijer is one of the editors of the 2010 exhibition catalogue Sail Rome! De koopvaardij in de Romeinse tijd [Sail Rome! Naval commerce in Roman times] of the Allard Pierson Museum in Amsterdam. Medieval images of ancient pirates, in fact medieval views of pirates, are for example present in manuscripts at the Dutch Royal Library and the Museum Meermanno-Westreenianum, both in The Hague. Their combined image database can be searched using Iconclass. You will find for example an image in a manuscript with Plutarch’s life of Pompey. Manuscripts of both institutions can also be seen at a second manuscript website.

Writing about illuminated manuscripts and their digital presence  is tempting, but you can find wonderful online guides to them. Clearly much more can be said about pirates: more is present online, more can be found in print, but let’s leave the pirates for today. Good luck in following the traces of pirates in history!

A postscript

Karen Tani points at the Legal History Blog to a review by Bruce Buchan of several recent books on law and empire, among them Daniel Heller-Roazen, The Enemy of All: Piracy and the Law of Nations (New York 2009).