Law Manuscripts Research Articles

A Student, a Master or a Scribe? Criteria for Determination and their Practical Application on the Material of the “Compilatio Prima” by Bernardo of Pavia in the Canon Law Manuscript Bamberg. Can. 19

The question of the criteria for determining those who left notes and glosses in the manuscripts of roman and canon law of the 12th—14th centuries, about distinguishing the marginal marks of students, teachers, legal scholars, their assistants or secretaries, scribes, university officials, is relevant both for historians and for paleographers. The article summarizes the criteria developed in historiography for their identification. Study of the features of the “Compilatio Prima” by Bernardo of Pavia in the manuscript Bamberg. Can. 19 raises the question of the need to study the glosses of the master Damasus Hungarus using the methods of paleography and codicology. The decretals “Super specula” (1219) and “Ecclesia Rothomagensis destituta pastore” (1222) in the manuscript Bamberg. Can. 19 made it possible to clarify its dating (after 1222 — the middle of the 30s years of the 13th century) and gave new data on the chronological boundaries of the period of teaching activity of Master Damasus Hungarus.

Critical Discourse Analysis Studies in Customary Law Text of the Bima Land: Norman Fairclough Model

Ancient manuscripts are one of the historical relics that must be preserved in existence. Along with the development of science, the field of critical discourse analysis is increasingly in demand. But unfortunately, ancient manuscripts are still rarely studied with this field of imu. Therefore, this studyaims to present a critical discourse analysis on ancient manuscripts, namely the Bima Land Customary Law (HATB) manuscript belonging to the Bima (Mbojo) regional community in the province of West Nusa Tenggara. The presentation was delivered descriptively with Norman Fairclough's Model Critical Discourse Analysis Method. The research data is in the form of quotations of verses in the HATB manuscript. Data is collected by Listening Methods and Document Analysis Techniques. At the data analysis stage, the Norman Fairclough Model Critical Discourse Analysis is used by putting into practice all elements of its structure. In addition, data analysis activities utilize interactive analysis according to Miles and Huberman. Next, the data is presented by formal and informal methods. Based on the data analysis, it was shown that Fairclough divided the discourse analysis into three dimensions, namely text, discourse practice, and sociocultural practice. In the text of the Customary Law of Bima Land, these three things are integrated and sustainable. The manuscript was made by the people, because of the people, and in the interest of the people. The verses in the HATB text are representations of the relationship between man and God, man with man with other beings, and man with himself.

Dominican Resonances in Medieval Iceland. The Legacy of Bishop Jón Halldórsson of Skálholt

Dominican Resonances in Medieval Iceland. The Legacy of Bishop Jón Halldórsson of Skálholt

Law manuscripts from fifteenth-century Iceland

This article discusses a number of interdisciplinary aspects of Icelandic law manuscripts, produced in the fifteenth century, which contain important vernacular legal codes dealing with secular and ecclesiastical matters in medieval Iceland, such as Jónsbók and Kristinréttr Árna Þorlákssonar. In this article, it is argued that a continuity of law manuscript production exists in Iceland following the Black Death in 1402–04; this is seen in several ways: indications are found in textual and artistic parts of the manuscripts, as well as in para-texts that accompany the law texts in the margins. With particular focus on the manuscript AM 136 4to (Skinnastaðabók), this article discusses four distinctive cross-disciplinary features of fifteenth-century Icelandic law manuscripts: the adaptation and further development of textual contents initially found in law manuscripts dating back to previous centuries, select types of layouts chosen by the initial scribes, the book painting, and the use of the margins by later users and owners for comments and discussion on the textual content. The article concludes that with the changing Scandinavian politics in the late fourteenth century, Icelandic law manuscripts in the fifteenth century were first and foremost written for, and inspired by, domestic productions. While texts related to Norwegian royal supremacy and trade are rarely featured, the texts most used for domestic issues appear more frequently. On the other hand, statutes and concordats occur as regularly in these manuscripts as they do in earlier works, which indicates ongoing contact with the Norwegian Archdiocese of Niðaróss during the fifteenth century.

Overview History of Nederlandsch-Indie Maritime Law in Twentieth Century Batavia

This study is aimed at sketching out one of the outstanding influence from Dutch to Nusantara. It was the forming of the maritime law which known as scheepvaart aangelegenheden in Batavia that becomes the focus of this study. By doing this, the Dutch government had its own regulation to control each port centralizing in Batavia. With this regulation, the Dutch government could deal with the busy ports in Nederlandsch Indie much easier than before. This study is applying a qualitative method which involves documents and law manuscript discussion. The result shows that although a number of articles in the law had strongly influenced by Nusantara’s local kingdoms, there were still many various important things. Keywords: dutch government, maritime law, local kingdom, Batavia

Marginalia in Medieval Western Scandinavian Law Manuscripts

AbstractIn the present chapter, the design of select margins of late medieval Old Norse manuscripts containing the Icelandic ‘Jónsbók’, ‘Kristinréttr Árna biskups’ and Norwegian ‘Landslǫg’ law codes is addressed. In particular, it discusses the size and fillings of margins in these codices and the relation to their modes of use by original clients and later owners. Although it is well-known that Scandinavian law manuscripts contain a large number of notes written by both original and later users, the particular use of marginal spaces by original scribes and illuminators for glosses and other annotations and illuminations has scarcely been investigated to date. In my contribution, two distinctive features will be addressed: (1.) The different use of margins by Norwegian and Icelandic readers of the manuscripts, and (2.) the use of margins by illuminators surrounding the column(s) and incorporated initials.

The Legal Triads in Llanstephan MS 116, folios 1–2

The fragmentary text of the Triads on the first two folios of the fifteenth-century Welsh law manuscript Llanstephan 116 is transcribed and collated with similar legal texts.

Canon Law Manuscripts in the Medieval Abbey of St. Germain des Prés

Summary This work is an overview on those medieval canon law manuscripts which still testify the literary culture of the Benedictine Abbey of St. Germain des Prés. For the reconstruction of its original collection, have been used the material of two important libraries, i.e. Paris, Bibliothèque Nationale and the National Library of St. Petersburg. This description can give an outline on the original medieval library, focusing on its canon law material. The analyzed manuscripts testify not only the ownership by this very abbey, but a flourishing canon law activity in several fields of the ecclesiastical institutionalized life wherein they were used on the day-to-day basis. The several hands and many supplements or inscriptions show well the application of canonical norms for instruction, for cases at the ecclesiastical tribunal, for the interpretation of administration sacraments and sacramentals, particularly regarding the matrimonial and penitential service of the faithful.

The Manuscript Collection of the Frisian State Historian Simon Abbes Gabbema (1628–1688) from an Old Frisian Perspective

The Frisian state historian Simon Abbes Gabbema (1628–1688) actively collected manuscripts and has thus been of tremendous importance for the preservation of medieval Frisian sources. It turns out that he possessed all but one of the Old Frisian law manuscripts from present-day Friesland. Gabbema also borrowed important manuscripts from other scholars in his network and (partly) copied these. His contacts with Franciscus Junius were especially important. Junius copied the archaic Old Frisian law manuscript Codex Unia from Gabbema, which is now lost. In this article, the focus lies on Gabbema’s collection of Old Frisian manuscripts and the study he made of Old Frisian sources. An appendix with an overview of the manuscripts discussed in this article has been added.

The Lives of Daniel Binchy: Irish Scholar, Diplomat, Public Intellectual by Tom Garvin (review)

not appear to have provided new revelations about the period or the person. This is perhaps unsurprising given Cosgrave’s wariness about archives, history and historians: a recalcitrant subject, he left behind no personal diaries, while other personal records did not survive the destruction of the family home during the Irish Civil War. Not all readers of this biography will feel as favourably disposed to Cosgrave as its author, but Michael Laffan’s measured and scholarly study allows readers to come to their own conclusions. As is customary with the Royal Irish Academy’s ‘Judging’ series, the book is beautifully designed, with a wealth of fascinating documents, photographs, cartoons, election leaflets and other material vividly evoking the period. Professor Fearghal McGarry teaches in the School of History, Anthropology, Philosophy and Politics in Queen’s University Belfast. His The Rising. Ireland: Easter 1916 was published by Oxford University Press in 2010. Notes 1 www.irishhistoryonline.ie 2 Seán Keating, Art, Politics and Building the Irish Nation (Dublin: Irish Academic Press, 2013), p.135. The Lives of Daniel Binchy: Irish Scholar, Diplomat, Public Intellectual, Tom Garvin (Sallins: Irish Academic Press, 2016), xii+212 pages. Full-length biographies of Irish scholars are relatively rare. Perhaps the delivery of lectures, interaction with students and colleagues, marking of exams and occasional forays into scholarly publication are not lively material for the biographer. The small number of exceptions such as John Pentland Mahaffey, George O’Brien and Eoin MacNeill generally had in addition something of a public persona. This is also true of Daniel Binchy, the subject of this study, who was not only a leading scholar, but also a diplomat and a perceptive public intellectual, noted for his early and clear-eyed articulation of the evils of Hitler and Nazism. He always described himself as a medieval historian, but in truth, as his friend Donal Cregan observed, he was a ‘Renaissance man’. Spring 2017: Book Reviews 118 Studies • volume 106 • number 421 Binchy was born in 1899 into a prosperous middle-class family in Charleville, Co. Cork. He was educated with the La Sainte Union nuns in Banagher, Co. Offaly and at the Jesuit college of Clongowes, before going on to a brilliant career in UCD, where he concentrated on history and law, and was auditor of the Literary and Historical Society. He was called to the bar in 1920. He won a travelling scholarship to the University of Munich, graduating DPhil magna cum laude with a thesis on the medieval Schottenkloster of Ratisbon. He returned to UCD in 1925 to take up the chair of Roman law, jurisprudence and legal history. The latter discipline included early Irish law, and this brought him into the world of Old and Middle Irish linguistics, without which, as Eoin MacNeill advised him, ‘your medieval and legal qualifications won’t be much use’. He set about mastering modern and older forms of Irish, study that eventually culminated in his great publication, the formidable seven-volume Corpus Juris Hibernici. This transcription of the whole body of early Irish law manuscripts commenced during his tenure of a senior research fellowship at Oxford, but was largely the product of thirty years of subsequent labour in the Dublin Institute of Advanced Studies. Professor Thomas Charles Edward’s opinion is that the Corpus will ‘probably never be superseded, at least not for many generations’. In 1936 he collaborated with the great Rudolf Thurneysen and others to publish the discreetly titled Studies in Early Irish Law, which dealt frankly with the position of women in early Irish law and today is recognised as a pioneering contribution to women’s studies. He made a number of other notable contributions on early law and philology, including an English edition of Thurneysen’s A Grammar of Old Irish, which he published in collaboration with Osborn Bergin in 1946. Professor Garvin is good at relating Binchy to the twentieth-century Celticists, a clear-eyed, near-legendary group of outstanding pioneering scholars, with whom he has come to be included. He argues that they represented, with the Gaelic League and the literary movement, the third pillar of the Irish cultural revival. Binchy’s qualities as an exacting, evidence-based...

II. Die Waldecker Handschrift des Staatsarchivs Marburg in der Überlieferung der Femerechtsquellen

Abstract The Waldeck manuscript in the Hessian State Archives in Marburg in the tradition of vehmic law sources. The sources of vehmic law conveyed in this manuscript are each late versions and therefore play only a minor role in tradition. However, as it is the sole proof yet that vehmic law manuscripts were used in Waldeck, the manuscript is important. Furthermore, the comparison with similar manuscripts allowed new insights into the tradition of vehmic law sources.

The Illuminated Þjófabálkr in Fourteenth-Century Icelandic Jónsbók Manuscripts

This article is concerned with a number of historiated initials that introduce one specific chapter of the widely copied Icelandic law code Jónsbók, the so-called Þjófabálkr. The overall aim is to show that the content of a single historiated initial in a widely copied and illuminated vernacular law text is more subject to change than the text itself, while still being partly dependent on the relation of the individual text to other texts. The minimal word and content changes to be found in the text generally relate to the content of the painted image. Accordingly, the first part of this article will give a brief overview and introduction to these visual motifs and an investigation of the various text-image relations. In the second part of this article, the initials are compared with a historiated initial from an early fourteenth-century East Anglian canon law manuscript, followed by a discussion of the historical circumstances for the establishment and creation of the different initials.

Crime and Punishment, Sin and Retribution: From the History of Religious and Legal Traditions of East and Wes

The concepts of “sin” and “crime”, “reward” and “punishment” are found in the ancient Indian religious and ethical treatises - dharmasastra Manu, Yajnavalkya and Vishnu, and canon law manuscripts of Western Europe of early and High Middle Ages. The issue of the relationship between Eastern and Western religious and legal views is examined in the paper. The authors defend the idea that religion is a key component having influenced the basic principles of morality and law, the construction of crime and punishment concepts. It is proved that officially already in the early Middle Ages, both in the East and in the West the sources of law differentiate between the sinful and criminal acts, which, however, at that time still was not clear and unambiguous. Based on the application of comparative analysis, hermeneutics, contextual analysis, historical, legal and other methods while studying the dharmasastra texts, the authors propose several classifications of sins against various reasons: according to the form of guilt, the degree of public danger, according to the order imposition and execution of the expiation. In turn, the methods mentioned above contributed to the detailed study of the medieval sources of canon law, which allowed us to formulate the thesis on the official differentiation between the concepts of “sin” and “crime” only after the adoption of the Decretum Gratiani to have been the main source of Western canon law in the Middle Ages. DOI: 10.5901/mjss.2015.v6n6s2p662

The Scribe and his Exemplars: A Comparative Study of Four Manuscripts by Thorgerus Haquini

The article aims to establish the number of exemplars used in four law manuscripts from the beginning of the fourteenth century, written by the scribe Thorgerus Haquini (Torgeir Håkonsson). Three manuscripts contain copies of the Norwegian Code of the Realm of 1274 (Magnus Lagabøtes Landslov): AM 302 fol, AM 305 fol and AM 56 4to, and the fourth, AM 78 4to, contains a compilation of other law texts. Thorgerus’ hand is regarded as consistent, following the textual conventions at the scribal centre where he worked, and is apparently not influenced by the exemplar. However, the frequent appearance of the insular v in one of the law texts in AM 78 4to, and not elsewhere in this compilation, makes one suspect that the exemplar has indeed played a part concerning choice of graph type. When examining a limited set of orthographic and macro-palaeographic features in the manuscripts, the results suggest that Thorgerus has used at least two exemplars for the manuscript AM 56 4to, changing exemplar after quire two, and again after quire six. Concerning the other manuscripts, no such patterns are found in AM 302 fol or AM 305 fol. The various exemplars of the compilation AM 78 4to are confirmed.

Medieval Canon Law Manuscripts in the National Library of St. Petersburg, I

Medieval Canon Law Manuscripts in the National Library of St. Petersburg, I

Kinship: the canon law and the common law in thirteenth-century England

England's common law is stereotypically insular and immune to influence from the learned laws. However, manuscript discoveries reveal that in the late thirteenth and early fourteenth centuries some common lawyers turned to the canon law to illustrate and ornament their own kinship system. Canon law kinship treatises, aimed at beginners, occur in some common law manuscripts, as do arbores consanguinitatis (trees that illustrate the structures of the canon law kinship system). Some were adapted by common lawyers and the influence of this material was to extend even into common law courts.

Penitentials in south and central Italian canon law manuscripts of the tenth and eleventh centuries

This article outlines the evidence for penance in pre‐Gratian canon law manuscripts from southern and central Italy. It includes a handlist of those canon law collections compiled in this area between the tenth and the twelfth centuries which include penitential materials, divided into those manuscripts which were dependent on the south Italian Collection in Five Books, and those which were were not.

A Note on a Glossary to a Carolingian Canon Law Manuscript

Un glossaire dans le manuscrit Vatican Latin 1347 nous montre comment le trivium, essentiellement grammaire/lexicographie, a fourni les bases de l’enseignement du droit canonique dans le monde carolingien. Ce glossaire a emprunte quelques mots des canons de la Collectio Canonum de Cresconius, qui avait ete compilee au septieme siecle. Le glossaire suit la Collection dans ce manuscrit. Les gloses latines aident le lecteur a comprendre le sens de certains termes theologiques et juridiques. Quelques gloses sont aussi en vieil allemand.

Balsdon Fellowship: Bolognese and North Italian illuminated law manuscripts in the Vatican Library

Balsdon Fellowship: Bolognese and North Italian illuminated law manuscripts in the Vatican Library

Training Law Librarians in the Use of Rare Legal Materials

SUMMARY Librarians and archivists need special training in the use of rare law books and manuscripts that includes not only the protective functions with respect to rare materials but also education in the history of law, its literature, and its historical methodology. The article describes two different training programs: one, at Yale, trains law students in the use of historical legal materials; and the other, at the University of Virginia Rare Book School, trains librarians, archivists, historians, collectors and dealers in the care and use of rare law books and manuscripts. The article concludes with suggestions for model curricula for law librarians in the use of rare materials.