Skip to main content
Summary of

The Palaeography of Legal Sources

by Marta Cerrito et Anna Floris

This text explores the development, characteristics, and significance of paleography in studying legal sources.
It emphasizes the critical role of writing systems, abbreviations, and manuscript traditions in understanding medieval legal texts.

La paléographie des sources juridiques
(The Paleography of Legal Sources)

Paleography studies the history of writing, its production, and its evolution. For legal historians, understanding the diverse and sometimes obscure writing styles—from clear Carolingian minuscule to nearly indecipherable scripts—is essential. Originating in the 17th century with Mabillon’s De Re Diplomatica, paleography expanded as a key auxiliary science for historical research, developing further in the 19th and 20th centuries with contributions from scholars such as Traube, Mallon, and Cencetti.

Les mots de la paléographie
(The Language of Paleography)

The terminology of paleography includes concepts such as:

  • Ductus The style and speed of writing, which can be formal (carefully executed) or cursive (rapid and ligature-rich).
  • Module The geometric comparison of letters to shapes like squares or rectangles.
  • Gravity The thickness and elasticity of lines, influenced by the writing instrument used. These elements provide the foundation for analyzing and describing handwriting.

Les abréviations
(Abbreviations)

Latin writing incorporated abbreviations as early as the Roman era. These were further developed in the Middle Ages, with six types identified:

  1. Truncation Omission of final letters (e.g., īn for inde).
  2. Contraction Omission of internal letters (e.g., ds for Deus).
  3. Symbol-based Abbreviations Using signs like 9 for con or 7 for et.
  4. Relative Signs Symbols indicating omitted letters (e.g., ¯ for m or n).
  5. Ligatures Overlapping letters into a single graphic symbol.
  6. Tironian Notes Shortened expressions, such as & for et.

Les écritures latines au Moyen Âge
(Latin Scripts in the Middle Ages)

The scripts of medieval Latin manuscripts evolved from the Carolingian minuscule, a standardized and widely adopted script of the 8th–9th centuries, which replaced earlier regional styles such as:

  • Insular Script: Developed in Ireland and Britain.
  • Visigothic Script: Used in the Iberian Peninsula.
  • Beneventan Script: Found in southern Italy.

Each of these regional scripts reflected unique cultural influences and persisted even as Carolingian minuscule became the dominant script.

La minuscule caroline
(The Carolingian Minuscule)

The Carolingian minuscule marked a renaissance in Latin script, promoted under Charlemagne’s rule. Its clarity and legibility facilitated the spread of knowledge across Europe. The script featured regular letterforms, clear word separation, and minimal abbreviations, becoming the basis for later scripts, including the humanistic minuscule of the Renaissance.

L’écriture gothique
(Gothic Script)

Emerging in the 12th century, Gothic script evolved from the Carolingian minuscule. It was denser, narrower, and more angular, with broken curves and compact letters. Regional variations included:

  • Littera Bononiensis Used in Bologna with shorter ascenders.
  • Littera Parisiensis Smaller and more rugged, common in Parisian manuscripts. By the late Middle Ages, Gothic script was replaced by the humanistic minuscule in Italy, driven by a revival of classical ideals.

Le cas de la paléographie juridique
(The Case of Legal Paleography)

Legal paleography specializes in the study of juridical manuscripts, focusing on their handwriting, abbreviations, and punctuation systems. It addresses the peculiarities of legal texts, such as glosses and marginal annotations. Although not a formal discipline, legal paleography has significantly contributed to re-dating early manuscripts of the Corpus Iuris Civilis and understanding the transmission of legal knowledge.

Les systèmes de référencement des gloses
(Reference Systems for Glosses)

Glosses—annotations explaining or interpreting legal texts—were categorized into:

  • Notabilia Highlighting key points.
  • Allegationes Cross-references linking specific text fragments.
  • Explanatory Glosses Detailed interpretations of complex passages.

Systems for referencing glosses evolved from symbols like dots and lines to alphabetical markers. These systems streamlined the study and navigation of legal manuscripts, particularly as the pecia copying system standardized manuscript production.

Les allégations
(Allegations)

Allegations in legal glosses provided precise references to texts within the Corpus Iuris Civilis or Corpus Iuris Canonici. Different parts of the corpus, such as the Digest (ff.) or Code (C.), were marked with unique abbreviations. The chapter outlines the evolution of these referencing methods and their significance for interpreting medieval legal texts.

Conclusion

This study demonstrates the importance of paleography for understanding medieval legal manuscripts. By analyzing writing systems, abbreviations, and glossing practices, researchers can uncover the intellectual and cultural contexts of legal traditions. Paleography remains a vital tool for interpreting the transmission and evolution of legal sources in medieval Europe.