Towards a Standard of Encoding Medieval Charters with XML

Towards a Standard of Encoding Medieval Charters with XML

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Georg Vogeler Ludwig-Maximilians-Universita¨t, Germany ..................................................................................................................................

Abstract Charters are of crucial importance as a source when studying the history of the Middle Ages and the early modern era. There are a number of projects aiming at making charters available in digital format. All of these projects, as far as they use XML as the technological basis for their work, were represented at a conference in April 2004. It was found that, despite some structural differences in the individual approaches, there is considerable potential for integration as regards the individual charter as a legally relevant text. This potential can be tapped by using common standards for the tagging/ encoding of charters. This article presents a proposal for such a standard. The proposed standard follows the existing TEI standard, but also contains a number of significant enhancements. The article also looks at the problems caused by overlapping structures and presents an architecture for a search engine that could help to bring together charters from all over Europe. ..................................................................................................................................

1 Introduction Correspondence: Georg Vogeler, Historisches Seminar, Abt. Geschichtliche Hilfswissenschaften Ludwig-Maximilians-Universita¨t, Geschwister-Scholl-Pl. 1, D – 80539, Mu¨nchen, Germany. E-mail: [email protected]

Beyond common linguistic structures every genre needs its own markup. This article deals with the markup of medieval and early modern charters. It attempts to show that this task is not the only one instance of transcription of primary sources as already dealt with in other places (e.g. Robinson, 1993). Between existing markup standards a specific way of encoding has to be developed for charters. The study describes its principal direction by analyzing the complexity of multiple representations of the medieval and early modern charter. The analysis relies on two main resources: (1) an analysis of existing attempts and (2) the results of a recent conference:

1 The paper uses the term ‘diplomatic’ in the sense of the traditional branch of historical study doing research on medieval and early modern charters as described in the beginning of this article.

(1) There have been many attempts to transfer charters to the digital world. Since the 1990s scholars in the field of diplomatics have tried to build digital corpora.1 While older projects were based on proprietary software (e.g. the CD of the ‘thesaurus diplomaticus’ in Belgium (Demonty, 1997), on HTML (e.g. Stuart Jenks and Ju¨rgen Sarnowsky in their Preußisches Urkundenbuch

Literary and Linguistic Computing, Vol. 20, No. 3, 2005. ß The Author. Published by Oxford University Press on behalf of ALLC and ACH. All rights reserved. For Permissions, please email: [email protected] doi:10.1093/llc/fqi031 Advance Access Published on 15 July 2005

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(http://www.phil.uni-erlangen.de/
p1ges/quellen/pub/4frame. html, 12.11.2004), or on relational database management systems (e.g. the Anglo-Saxon Charters on the World-Wide-Web (http:// www.trin.cam.ac.uk/chartwww/, 12.11.04), more recent projects such as the Codice Diplomatico della Lombardia Medievale (http:// cdlm.unipv.it/, 12.11.04) or the Cartuliare blanc of the Ecole des Chartes (Guyotjeannin, 2004; http://elec.enc.sorbonne.fr/ cartulaireblanc/, 12.11.04) use XML as their technological basis. (2) In April 2004 scholars representing a good many of these new attempts using XML met in Munich to talk about the possibility of bringing these projects together.2 The attendees represented a great diversity in their fields of study which would lead to very different ways of encoding charters. However, they all agreed in working together towards a common standard and established an informal working group on the issue called ‘Charters Encoding Initiative’ (http://www.cei.lmu.de). To get to such a common standard, as a first step, charters have to be briefly analyzed as research material to look for possibilities and drawbacks of a common way of encoding. The article then discusses if existing solutions might meet the needs. Markup standards as TEI or EAD are made for one or the other purpose but none points directly at medieval and early modern charters and so none really deploys the potential of integration as a dedicated markup schema. So the analysis tries to develop the principal features of such a markup schema referring to the results of the Munich workshop. It adresses the unsolved problem of real overlapping structures when marking up medieval charters and concludes by outlining a possible application of a common encoding standard for medieval charters, the ‘Charters Encoding Initiative’ (CEI)-Schema.

2 Charters Articles in the daily press reporting on legal proceedings often refer to the amount of files the court has to deal with. Amounts measured in miles are not uncommon, four-digit numbers of files are normal, and bills of indictment consisting of several hundred pages are standard. Before the middle of the 15th century, however, legal documents were rare individual items. That is why charters, deeds, writs etc. issued by emperors and kings, popes, princes, bishops, notaries, and others, which have survived since the Middle Ages, are of such paramount importance as historical sources to all scholars dealing with the period between the demise of the Roman Empire and the discovery of America. Only very few such documents created before the 12th century have survived and these therefore often are the only existing record of a particular historical event. With the beginning of the 12th century, it became a lot more common to lay down legal rights in written 270

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2 Attendees included Christian Emil Ore from the Unit for Digital Documentation in the Faculty of Arts in Oslo, Michael Gervers and Michael Margolin of the DEEDSProjekt, Gautier Poupeau of the E´cole Nationale des Chartes in Paris, Michele Ansani, editor of the Codice Diplomatice della Lombardia Medievale (Ansani, 2000–04), Henriette Fiebig, who published a pioneering study on the use of XML for research on charters (Fiebig, 2000), Claire Muller (from the project ‘‘Plus anciens documents linguistiques de la France’’), Karsten Uhde from the ‘‘Archivschule Marburg’’, Patrick Sahle, Rebecca Rushforth from the Cambridge project on Anglosaxon Charters, Andreas Kuczera of the Regesta Imperii, which now are also available on the Internet (http:// www.regesta-imperii.org/, 12.11.04), and many others.

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documents. It is therefore possible to do statistical evaluations of a great variety of daily legal transactions for research in the fields of legal, social, economic history or in order to gain a better insight into the mindset of the people living at the time.3 However, it is not only the historians in their fields of research who work with these documents. Often the oldest records of European vernacular languages can be found in these charters, which makes them an outstanding source for linguistic research.4 All this means that medieval charters provide excellent material for many fields of research.

3 Different Approaches to Charters As others have already observed (Constantopoulos et al., 2002), historical documents such as charters are not the only textual sources for historical research but also physical objects kept in archives. And there is an additional third perspective: libraries subject existing printed facsimiles, editions and collections of regesta to the same process of digitization they use for other scientific works. If we leave aside the many specific analytical interests of researchers, whose approaches and methods change continuously, we have three main perspectives on the digital representation of charters: the perspective of the archivist, i.e. seeing the charter as a physical object; that of the scholarly editor, i.e. seeing the charter as a legal text; and that of the librarian, i.e. seeing a book containing a charter.

3.1 First perspective: recording in archives Archivists try to keep a precise record of the collections in their archives and to provide some information on the content of the individual documents to users. To that purpose, they create archive groups and fonds to classify the individual documents. These fonds try to follow the structure of the organization where the documents originate. The archivist lists summaries of the documents contained in the archive and creates an index for selected keywords. The archival hierarchy therefore is as follows: 1. finding aid/archive group 1.1. introduction 1.2. document (number) 1.2.1. abstract 1.2.2. description of external characteristics 1.3. index 3 cf. e.g. Barra`s Feliu, 1993, Bertram, 1989, del Carmen Carle´, 1988, Carr 1988, Dronske, 1998, Julia´ Vin˜amata, 1990, Krzenck, 1993, Lavanchy, 2002. 4 e.g. Rapp, 2004.

3.2 Second perspective: scholarly edition The scholarly editor compiles source texts he thinks are relevant for a certain historical perspective. He might, for instance, collect all charters of the emperor Frederic II, transcribe them, and add to them an index as well as explanations on their textual tradition or their individual content. The phyiscal object ‘charter’ is seen only as a textual witness. Nevertheless, the textual structure of a scholarly Literary and Linguistic Computing, Vol. 20, No. 3, 2005

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edition seems to be strikingly similar to the archival hierarchy mentioned above: 1. corpus 1.1. introduction, 1.2. document (number) 1.2.1. abstract, textual witnesses, explanations 1.2.2. text (from the textual witnesses) with a markup of content and textual variants 1.3. index The complete wording of the charter just seems to have been added to its archival description. There is, however, a significant difference in the hierarchy of these two models. The scholarly edition usually follows the approach used in a critical edition, i.e. it collects several textual witnesses from archives and libraries and creates a single text from them. The information which the archivist splits into ‘holdings’ and ‘individual number’ is therefore only one element in a list of textual witnesses in a scholarly edition.

3.3 Third perspective: retrodigitization in libraries The basic approach of a librarian digitizing an existing printed document corresponds largely to the model of the new edition, since most of the printed documents follow the rules of a critical edition: 1. book/collection of books 1.1. introduction 1.2. document (number) 1.2.1. abstract/explanations 1.2.2. text 1.3. index But again, there is a difference to the newly created critical edition: the physical unit ‘book’ and particularly ‘printed page’ remain untouched. They are also used as reference criteria, for example, in the index. The difference in the treatment of the actual text strikes most: while the editor can see annotations and variants as part of the text, they are text parts in their own right in the printed book, namely the actual text and the footnotes normally printed below. This means that retrodigitized editions of charters are characterized by references to separate texts which are inline elements in newly created electronic editions and in the recording of charters in archives. 1. book 1.1. front 1.2. body 1.2.1. pages 1.2.1.1. text 1.2.1.2. footnotes/critical apparatus 1.3. back 272

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4 The Common Ground The three different hierarchies, however, have a few things in common. The first and the most important of these is the fact that the object ‘charter’ as a legally relevant individual text, with at least one physical representation, is part of all the three models. It is also described by most models using the same categories: number, issuer, recipient, date, place of issue, means of authentication, legal content, characteristics of the physical object, the text with its formal elements, ‘historical criticism’ of the content, and diplomatic criticism, that is: evidence of the context in which the document was created, which in turn can be used to determine the authenticity of the document. All the three models have these elements in common. Karsten Uhde suggested that the potential for integration consists in combining steps to form a process, beginning with basic markup provided by the archivist, to which the editor and finally the scholar will add their markup (Uhde, 1999). Unlike him, I tend to think an integration potential rather consists in the ability to bring together charters from different forms of representation. The possibility to integrate the various approaches to the digitization of charters, therefore, is first of all based on the common basic unit ‘charter’ as a text with legally relevant content, a certain form, and a reference to a physical object. This basic unit is considered from different perspectives. In all perspectives, it can be identified using four characteristics of its creation: issuer, recipient, date, and place of issue clearly identify a specific document. It might also be identified using its ‘legal core’, that is to say the so-called ‘Kurzregest’ (abstract) can be seen as a minimum representation of a charter: ‘The emperor Frederic II bestows his protection upon the Cistercian monastery S. Stefano del Bosco and confirms the listed privileges, given to the monastery by kings, princes and noblemen since its foundation by Roger I. - Palermo, 1212 April’ (Koch, 2002: 311). In addition, highly formalized models for the description of charters were developed in the field of diplomatics. Michele Ansani quite rightly underlines the importance of the international terminology created by the Comite´ international de Diplomatique (Ansani, 2000; Ca´rcel Ortı´, 1997). This terminology systematically describes the steps involved in creating a charter, the linguistic and external formal characteristics, the different methods of authentication etc.

5 Solutions for Integration The three approaches can be brought together by establishing an encoding standard that meets the requirements of all the three. We need to discuss if any existing solution could do that, and we must identify the shortcomings of the existing solutions from the point of view of the Charters Encoding Initiative. Literary and Linguistic Computing, Vol. 20, No. 3, 2005

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5.1 TEI or EAD? First of all it has to be asked if existing standards already meet the requirements. Mainly two standards have to be considered: the proposals of the Text Encoding Initiative (TEI; Sperberg-McQueen, and Burnard, 2002) and the standards of the Encoded Archival Description (EAD; Library of Congres, 2002). From the archival perspective the EAD would seem appropriate. Its aim is to describe whole archival collections. The EAD model is based on the container, an abstract class that can be used for individual documents as well as groups of documents or groups of such groups. The description of such a container therefore must be kept very broad to accommodate a host of diverse elements, and this means that the EAD is not specific enough for metadata. Digitization of complete texts is no part of the standard anyway. A recent attempt to change this is the LEADERS-Projekt, which tries to combine the archival description with transcriptions and images (http://leaders.sourceforge.net/documentation/encoding/ EADElements.html, http://www.ucl.ac.uk/leaders-project/). Because of the fundamentally different structure of the data, the project splits the data into archival lists following the rules of the EAD and transcriptions following the TEI-guidelines. The TEI standards on the other hand try to make texts accessible from a linguistic point of view. Recently, the TEI has placed great emphasis on the digitization of hand-written texts. The guidelines provide, for instance, encoding elements for the transcription of primary sources, and the version P5 will probably include a set of tags for the description of medieval manuscripts (MASTER). This means that the description and the text of the charter can be managed in one document. As a consequence, the TEI approach seems to be better suited for the common object ‘charter’. The fact that the TEI standard is widely used is an additional advantage.

5.2 Looking for elements in the TEI In the TEI guidelines, the metadata for manuscript material derives from the MASTER project. Although MASTER targets manuscripts containing literary texts, not individual legal documents, it seems to be well suited for describing charters, as the fact that MASTER contains an element 5seal4 shows. Real differences to the TEI standards result from the need for specialized metadata and linguistic structures that cannot easily be mapped either with the existing TEI elements or with the proposed MASTER elements. To bring about an exchange between the different approaches described in the beginning of this article, it is crucial that the individual charter can be defined as a basic unit. An element 5document4 seems necessary, on which the metadata and the text of the individual charter depends. The 5document4-container representing the 274

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individual charter should be divided into metadata and text with the elements 5regestum4 and 5tenor4: 1. 5document4 1.1. 5regestum4 1.2. 5tenor4 The working group discussed the possibility to use the 5div4 and 5text4 elements from the TEI. When one reads the definitions of these elements, however, it becomes obvious that the TEI focuses mainly on questions of linguistics or literature: ‘5text4 contains a single text of any kind, whether unitary or composite, for example a poem or drama, a collection of essays, a novel, a dictionary, or a corpus sample.’ (http://www.tei-c.org/P4X/DS.html, 10/11/2004). Therefore, we could either create our own approach and suggest new elements, or try to use the abstract elements of the TEI and make them more specific by adding attributes. The Working Group prefers the second possibility and suggests a fixed terminology to be used when encoding charters. That would mean the single document would be regarded as a single text, possibly grouped together in a corpus, and it would be identified by a type attribute: 5text type ¼ ‘‘charter’’4.

5.3 Metadata The main disctinction in the encoding of a single document is between metadata and the text itself. That distinction could be encoded in the same way as with the 5text4 taking the 5div4Element and giving it a specific function by adding a type attribute: 5div type ¼ ‘‘regestum’’4. The distinction between metadata and the text itself, however, goes beyond simply dividing a text into several sections. The metadata represent characteristics of the object ‘charter’ itself. Therefore it makes more sense to introduce dedicated elements for this distinction, which could work like the 5msDescription4 in MASTER. The regestum must contain various identifying characteristics of the charter: 5issuer4, 5issuePlace4, 5issueDate4, 5recipient4. These identifications could be part of the summary that could be encoded with the element 5abstract4 taken over from the EAD. The text-witnesses could be encoded with the 5witnessList4 hierarchy already existing in the TEI. An original charter would be the only and the authentic textual witness of a legal text and would reduce the list of textual witnesses to one single element 5wit4, to which a physical description would have to be added. Furthermore, elements for the archival repository and the shelf mark have to be added to the elements describing the single text witness. The diplomatic comment 5diplomaticAnalysis4 gives the diplomatic metadata. It consists of references to illustrations, other editions, and studies on the charter. It also includes a classification Literary and Linguistic Computing, Vol. 20, No. 3, 2005

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of the document and an attempt at putting it in its historical context. Therefore, there are elements 5class4 for a classification. Inside this diplomatic analysis, there are a lot of bibliographic references. They would be grouped into bibliographic lists (5listBibl4) identified by another group of fixed type values: facsimilia, prints, regesta, studies. Texts become legally relevant charters through different means of authentication. That is why the type of authentication used is an important part of the metadata and should be summarized in the element 5auth4entication. Charters are produced by a bureaucracy and are kept by a bureaucracy. After the writing down of the actual text, both bureaucracies add a large number of remarks to the charter. Iussio, tax annotations, registration notes, archiving marks of different times could all be subsumed under a class of texts outside the tenor and described in a 5nota4 element. 1. 5regestum4 1.1. 5Abstract4 1.1.1. 5issuer4, 5recipient4, 5issuePlace4, 5issueDate4 1.2. 5witList4 1.2.1. 5wit4 1.2.1.1. repository (archive, library), 5physDesc4 1.3. 5diplomaticAnalysis4 1.3.1. 5class4, 5auth4, 5nota4, 5listBibl type ¼ ‘‘facsimilia | prints | regesta | studies’’4 ...

5.4 The text itself A specific characteristic of medieval and early modern charters, however, is their linguistic structure. In the chanceries and in legal practice more or less firmly established wordings and set phrases for certain parts of the text emerged. These formalized elements of documents and the three sections ‘protocol’, ‘context’, ‘eschatocol’ as well as the different parts ranging from ‘invocatio’, ‘intitulatio’, ‘arenga’, over ‘dispositio’, ‘corroboratio’ to ‘subscriptiones’, ‘datatio’, and ‘apprecatio’ on the one hand reflect contemporary attitudes and mindsets as regards legal and representation issues and, on the other hand, are tools of diplomatic criticism. This textual structure should be encoded as well as individual formulae that were taken on from collections or became firmly established in legal practice. Again, the question arose among the working group whether one should use dedicated elements or should resort to existing TEI-elements. The discussion ended with a preference for using the 5div4-Element and specifying some common semantics to identify the diplomatic parts of the charter. The international terminology of diplomatic language (Ca´rcel Ortı´, 1997) created by the CID contains a kind of ontology for that purpose. 276

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While the 5div4-element will be used to encode the diplomatic parts, individual formulae and clauses such as the pertinents-clause or the non-obstante-clause should be put together in another element indicating their lower hierarchal level. For this, we shall have to check if the TEI elements 5cl4, 5phr4, or 5seg4 will suffice and which of them should be used. 2. 5tenor4 2.1. 5div type ¼ ‘‘protocol’’4 2.1.1. 5div type ¼ ‘‘invocatio’’4, 5div type ¼ ‘‘intitulatio’’4 . . . 2.2. 5div type ¼ ‘‘context’’4 2.2.1. 5div type ¼ ‘‘arenga’’4, 5div type ¼ ‘‘dispositio’’4, 5 div type ¼ ‘‘corroboratio’’4 ... 2.3. 5div type ¼ ‘‘eschatocol’’4 2.3.1. 5div type ¼ ‘‘subscriptiones’’4, 5div type ¼ ‘‘datatio’’4, 5div type ¼ ‘‘apprecatio’’4 ...

6 Overlapping Structures The existing solutions and the additions explained above, however, cannot solve the problem of overlapping structures. This has recently been discussed as a general problem of XML. Content and linguistic structures, for instance, can overlap physical ones, and metrical structures might overlap linguistic ones. These problems also occur when encoding charters and working with charters gives good example of the relevance of knowing about overlapping structures. However, one has to say that the work on charters is highly structured: the various approaches explained in the beginning show that a clear distinction can be made between two separate groups of information: ‘regestum’ and ‘tenor’. In the world of letterpress printing, however, the structured access to charters has to deal with real overlapping structures as well. In the text of the document, linguistic structures meet graphic and content structures. According to the definition stated above, charters always have a physical object as their basis. Their physical form even determines their function, because a charter without seal, signature, or other means of authentication would not be valid. The type of writing is also a part of the physical form, e.g. the elongated characters at the beginning and the end of a German king’s document of the early and high Middle Ages. This elongated writing can be limited to just the first line, or it can mark a certain part of the text (e.g. the intitulatio). This means that graphic information and textual structure are not parallel structures, but can be related to each other: the elongated writing might indicate a specific content, but this need not always be the case. Precisely this possibility makes it so important for researchers to have both structures documented, i.e. the kind and extent of overlapping is of specific interest to them. Literary and Linguistic Computing, Vol. 20, No. 3, 2005

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We have a similar case if a charter uses text from a previous charter. The limits of the text from the previous charter might occur right in the middle of a part of a clause. Again, it is relevant for researchers to know which of these parts have been taken over from the previous document and which parts were newly formulated. Unfortunately, the Charters Encoding Initiative cannot resolve this problem. For the time being, it mainly focuses on suggesting common semantics that can be used as a standard for encoding charters (Vogeler, 2004). The purpose of this would be that, whichever encoding system one uses, it would always be possible to use the semantics of the Charters Encoding Initiative. With this standard, a great variety of useful applications seems possible. One of them, for instance, is a search engine specifically for charters. A search engine of this type could be used to bring together charters from various encoding systems.

7 Perspective for CEI: Search Engine The search engine would have to try to extract textual structures which correspond to the CEI standard from the different data formats. It would use a terminological thesaurus that relates the terms from the Vocabulaire internationale de diplomatique (Ca´rcel Ortı´, 1997) to the semantics of the Charters Encoding Initiative. In order to do this, the identification of the individual charter and then a basic description using issuer, recipient, date, and place of issue as well as a brief summary would be crucial. Further information could be indexed, depending on the degree to which the document is structured. The CEI semantics, then, would result in a structure that gives considerably improved access to the data when executing a search. First of all, a multilingual search engine appears possible using the existing multilingual terminology of the Comite´ Internationale de Diplomatique. In addition, this terminology provides external knowledge enabling the user to execute a more targeted search. On the basis of the CEI semantics, a clear hierarchical model can be created, which would guide users through the elements of a digital representation of charters during their search. Such a search engine therefore would have to offer a kind of ‘query by example’, i.e. a search using sample charters, which would enable users to access similar or related charters from the current charter. From a technological perspective, there remains still a long way to go before the architecture presented here will be implemented. The reason why it is worth to continue working towards it lies in the wealth of new knowlegde such a search engine could draw from medieval and early modern charters. People in the early Middle Ages did not think it a matter of course to use written documents to organize their lives. During the middle ages they took great pains to create individual legal documents that 278

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had widespread credibility. It took them a long time to get accustomed to such documents. But in the end, they did get used to them and thus created one of the pillars of the rule of law in modern times—all over Europe. A search engine searching all charters from the Middle Ages in Europe would provide evidence of their struggle and learning process in a way no other traditional research tool can. The Charters Encoding Initiative sincerely hopes, therefore, that a standard for encoding medieval and early modern charters with XML can create a platform for seeing the European Middle Ages as they are reflected in their charters.

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Initiative.

http://