Category Archives: Digital editions

Dutch legal history and the First World War

The centenary of the beginning of the First World War has sparkled already an impressive number of digital projects, some of them presenting the centennial events and activities, and even more of them bringing you to digitized materials from many corners. The variety and wealth of these initiatives prompted me in February to start Digital 1418, a blog for the sole purpose of easy guidance to digital projects concerning the First World War. One of my goals at this blog is to bring together the widest possible selection of themes, subjects and countries. Thus my country, too, figures on it with some projects and two portals, one of them a web directory of European war museums. During the First World War the Netherlands remained among the neutral nations, but the Great War certainly had impact on this country, too. Being a legal historian I will not forget to include resources touching on legal aspects of the First World War. So far I have not been very lucky in my research. The digitized records of the Middlesex Appeal Tribunal, a military tribunal dealing with conscription appeals, is one of the few exceptions. Court-martials are one of the obvious subjects yet not present at this new blog.

Logo Delpher

For the subject of the Netherlands, legal history and First World War a recently reinforced Dutch digitization project at the Royal Library, The Hague, can bring you interesting materials. The Delpher portal combines the earlier separate portals of the Royal Library for digitized books, magazines and newspapers. Books from the period 1700-1800 had been digitized in cooperation with the university libraries at Amsterdam , Groningen, Leiden and Utrecht. Since its launch in November 2013 I have been looking for an opportunity to discuss here Delpher. The news item of April 24, 2014 issued by the Royal Library about the latest additions with digitized books from the early twentieth century alerted me to the inclusion at Delpher of books published during the First World War, and more specifically about commented law editions. In cooperation with two foundations which deal with copyright issues the Royal Library has gained a license to deal with the digitization of books from the period 1872-1940 which sometimes still remain in copyright. In this post I will look at some of the laws put into force by the Dutch government to cope with the consequences of the Great War, and I will look also at some Dutch digital projects concerning the First World War .

Surrounded by war

As in other European countries the First World War led political parties to a temporal truce. Political differences were suspended in a kind of national union. In The Netherlands, too, the government led by Cort van der Linden could reckon on broad parliamentary support. The government encouraged the creation of the Nederlandsche Overzee Trust Maatschappij (NOT), a consortium of major firms led by ship-owners and bankers with the overt aim of importing goods for the Dutch internal market under strict warrant of neutrality. The United Kingdom had imposed a policy to prevent goods to be imported to Germany by neutral countries. The NOT succeeded in getting clearance for Dutch vessels and their cargoes. The history of the NOT between 1914 and 1918 is the subject of the recent Ph.D. thesis of Samuël Kruizinga, Economische politiek: de Nederlandsche Overzee Trustmaatschappij (1914-1919) en de Eerste Wereldoorlog [Economic policy: the Dutch Overseas Trust Company (1914-1919) and the First World War] (dissertation Universiteit van Amsterdam, 2011; online (PDF)).

Cover Wet op de oorlogsiwnstbelastting, 1916

I refer to economic aspects of the First World War because one of the recently digitized laws at Delpher is a law for a tax on war profits, the Wet op de oorlogswinstbelasting of 1916. This edition with a commentary by A.G. Stenfert Kroese appeared in the famous series of commented law editions published by the firm Tjeenk Willink in Zwolle. The hallmark of these editions is the ample information about the parliamentary discussion about legislative projects. The very success of the NOT led to discussions about war profits. With finally nearly 1,000 people in its service the NOT dwarfed the Dutch Ministry of Foreign Affairs which employed a staff of just 45 civil servants. Under its aegis smuggling to Germany became paradoxically a blooming business. The law on war profits taxed profits not directly, but only the growth of income and capital which clearly stemmed from war profits. The Dutch government did not want to interfere too much with the economy. Proposals by parliament for a much more immediate taxation of war profits were rejected.

You can check online for the text of Dutch parliamentary debates at the portal Staten-Generaal Digitaal. This portal offers free access to materials from 1814 to 1995, both the debates themselves as also questions asked by members of the two chambers of the Dutch parliament, and the answers given by Dutch cabinet ministers. A major problem for tracking old Dutch legislation online which was published in the Staatsblad and the Staatscourant is the absence of a website with these resources. At Officiële bekendmakingen [Official announcements] you can find mainly information published in their entirety since 2009; treaties published in the Tractatenblad are included from 1951 onwards.

At Delpher a law concerning statistics published in 1916, the Wet op het statistiekrecht 1916, attracted my curiosity. The title page mentions the functions of the author commenting this law, V.S. Ohmstede, a civil servant at the customs and tax office in Amsterdam. The law was concerned with creating a tax on goods for the creation and financing of economical statistics. The Memorie van Toelichting, the official explication given to the Dutch parliament, referred to the examples of the French droit de statistique and the Statistische Gebühr levied in Bremen and in Switzerland.

Surely it is not sensible to list here all kind of laws issued between 1914 and 1919. Among the laws you will find for instance also a law concerning public archives (Archiefwet 1918) and a law on the emergency use of forests (Nood-Boschwet, 1917). Interesting also is the list of goods declared illegal for export [Lijst van ten uitvoer verboden goederen..., A.C. Luber (ed.) (2nd ed., Zwolle 1915). In the books section of Delpher you can use a simple free text search or enable the advanced search mode where you can limit your searches to a particular period or year, and also to a particular library.

The Delpher portal offers a great opportunity to look at the public impact of legislation. You might look in digitized Dutch newspapers for opinions about war profits, the role of the NOT and the approach of the Dutch government to all kind of emergencies linked with the war. In fact you can transfer your search seamlessly from one section of Delpher to another section. The newspapers section of Delpher is most useful because you cannot find yet any digitized Dutch newspapers on the First World War at Europeana Newspapers. The Dutch portal brings you to newspapers from the seventeenth to the twentieth century published in the Netherlands, including those from the Dutch Antilles in the Caribbean, Suriname and the Dutch East Indies. Among the eighty journals digitized at Delpher is a barristers journal, the Advocatenblad (1918-1935). The presence of the Wetenschappelijke Bladen, a kind of digest from scientific journals, is certainly interesting, too.

The Delpher portal uses a notice Beta in its top right corner as a warning for those who want to express severe criticism about its present scope and working. However, constructive comments are sincerely welcomed and invited. On my list of wishes an English interface would get a high priority. The possibilities for full-text research and the nifty transfer of search requests from one section to another are definitely among the great qualities of the Delpher project. Delpher contains also transcripts of radio news bulletins from 1937 to 1989, something I have not often encountered as objects of a digitization project.

The Netherlands and the First World War

Legislation and public opinion are just a few aspects of Dutch history during the First World War. It is perhaps useful to mention here the websites and projects I assembled at Digital 1418, even though you arrive directly at the information about relevant websites by clicking on the link. The Stichting Studiecentrum Eerste Wereldoorlog (SSEW) was founded in 2011 to bring together Dutch research, scholars and initiatives concerning the First World War. The website of this study center has a links section with a large number of Dutch projects. Huis Doorn, a country house in the province Utrecht, became the last residence of the exiled German emperor Wilhelm II. The museum at Huis Doorn has been designated as the location for the Dutch national center for the history of the First World War. Its website offers in particular some 6,500 digitized images. I did already mention the portal War Museums in Europe and the Dutch parliamentary proceedings at Staten-Generaal Digitaal. The digital portal Memory of the Netherlands contains some 8,000 digitized items from the collections of the former Legermuseum [Army Museum] in Delft; 400 items are related to the First World War. Digitized materials from several Dutch cultural institutions can be found at the portal Europeana 1914-1918. Lately Huis Doorn was the venue of two crowdsourcing days during which Dutch people could bring materials to the attention of the team behind this marvellous portal.

Logo 100 years Netherlands and World War IMuch more can be found online. Among memorials of the First World War the Belgenmonument [Monument for the Belgians] near Amersfoort stands out, erected in commemoration of the countless Belgian refugees who came to the Netherlands in 1914. An exact number of refugees cannot be given yet, but estimations come close to one million people. Some 1,500 men of the British Royal Navy Division were interned at the Engelse Kamp in Groningen. This year the history of First World War refugees receives particular attention at a number of Dutch archives and museums, for example at the Stadsmuseum in Tilburg and at the city archive of Utrecht (In staat van oorlog). The foundation 100 jaar Nederland en de Eerste Wereldoorlog [100 years Netherlands and the First World War] has created a centenary portal which will guide you to further websites and to activities and events around the Dutch commemoration of the First World War. In due time I intend to include the most telling and important Dutch websites on my blog Digital 1418. The Dutch corner of this blog is well worth visiting.

Dutch and Belgian digitized academic theses

Logo Academic Joy

The thesis by Kruizinga on Dutch economic policy leads me to say more about digitized theses defended in Belgium and the Netherlands. For Digital 1418 it seemed most useful to include a web directory to digitized academic theses. At Academic Joy you will find a very rich survey of online repositories worldwide with both Ph.D. and M.A. theses. On the blog I offer a selection of the main European repositories, and in addition I mention more resources for the Netherlands and Belgium. NARCIS is the main Dutch theses repository, Bictel has the same function for Belgium, but only for theses written in French. For Flemish theses one can consult M.A. theses at Ethesis, and B.A. theses in the Vlaamse Scriptiebank; both websites have an interface in Dutch and English. For the Netherlands one should add Scripties van de Nederlandse Universiteiten for M.A. theses, and the Igitur Archive for Ph.D. and M.A. theses defended at Utrecht University. B.A. and M.A. theses written at Dutch Higher Education institutions can be retrieved from the HBO Kennisbank. The Dutch term for the First World War is Eerste Wereldoorlog, in Flemish the term Gro(o)te Oorlog is also used.

A panoramic view of English criminal law

Image of the country-house Oog in AlAs a child and teenager I visited weekly the branch of the public library in Utrecht in the old country-house Oog in Al, beautifully situated along the Leidsche Rijn. Reading books on all kind of subjects in a library with its round tower offering a wide view of its surroundings is a great source of inspiration to look around you as widely as possible. Everard Meyster (1617-1679), the nobleman who had built Oog in Al in 1666, gave a very particular name to his manor. Oog in Al means panorama, a spot with a 360 degree view of things. Meyster wanted to have a good look at his project for the extension of Utrecht with new suburbs. He also launched a plan to build a canal connecting Utrecht with the former Zuiderzee. Some of his more funny projects earned him the nickname “De Dolle Jonker”, the mad nobleman.

Logo The Digital Panopticon

Being able to view things from every direction is a dream of historians, too. Creating a histoire totale, a complete history of persons and events, aims at transcending the traditional borders of academic disciplines by posing questions from several angles, and by using not just one method to approach problems. The name The Digital Panopticon was chosen on purpose for the ambitious project to look in more depth and detail than ever before at British criminal history. The subtitle of the project, The global impact of London punishments, 1780-1925, shows the two focus points, local history on one side, global history at the other side. Five universities, four in the United Kingdom and one in Australia, cooperate in this four-year project (2013-2017).

The Digital Panopticon is at the heart of this post. The project itself is connected with a number of other digital projects which will figure here, too. Sharon Howard (University of Sheffield), the project manager and webmaster of The Digital Panopticon, has more cards up her sleeves. She has created a whole range of websites and blogs which merit attention here if only already for their own quality and range. Legal history might not always be the main subject of these initiatives, but you can benefit indeed from them for doing legal history.

Looking at The Digital Panopticon makes you think about other subjects in legal history as well. How about creating projects for other countries and fields of law following this example? Do current or past projects exist which resemble The Digital Panopticon in some aspects? These questions deserve an answer, but if I added my first thoughts about them this post would simply get too long.

Getting a complete view

The global nature of The Digital Panopticon is not something you can take for granted. You might as well guide your efforts solely to an analysis of the data available at the website of the Proceedings of the Old Bailey Online 1674-1913, the core of this project. By choosing a narrower period, 1780 to 1925, the project can deal in particular with those convicts sent into exile to Australia, hence the global dimension alluded to in the subtitle. The project team has developed three central questions touching first on the role and position of digital data for scientific research, secondly on the impact on people of incarceration and involuntary transportation, and thirdly on the impact and implications of digital history on public history and its ethics. These questions are being researched for seven main themes, starting with searching for patterns within digital data; noting the voices of men, women and children in the surviving testimonies; the relations between punishments and the course of ordinary life, the difference between convicts, free men and their offspring in committing offences; the interplay between nutrition, the general health situation and individual height and body mass and other factors dealt with by biometrics; the ways of representation of the criminal past in museums and in those institutions catering for a kind of dark tourism and heritage industry at former prisons and other places of the judicial system, and last but not least the ethics behind the massive digital presence of data concerning persons who lived in past centuries.

Linguistics, biometrics, the history of health, sociology and criminology are clearly present in the approaches and themes chosen for this major research project. As a legal historian I am glad the testimonies given by ordinary people get attention, too. Research into intergenerational patterns of behavior sounds also very interesting, as does research into the impact of offences and punishment on life course events. Giving attention to dealing with data sets with sometimes very personal information about members of still existing families links the past with the present where freedom of information, the access to personal files, and the protection of this information form a vital part of current public debate in many countries.

Logo First Fleet

However rich this variety of themes and subjects already is, you can probably do even more. For example, some time ago Frederik Pedersen (University of Sheffield) wondered about seasonal variations in litigation in ecclesiastical courts in the sixteenth century, more precisely in the York Cause Papers, but you can also ask this question for seasonal variations in punishments. The sheer mass of data in the Old Bailey Proceedings offer an opportunity to ask such questions. One of the obvious things to ask is which trends, variations or invariable outcomes you can distinguish when comparing offences for which people were not banished from England with those offences that led to other punishments. Even when you assume the punishments prescribed by laws or statutes did not change over long periods, the actual verdicts might have changed considerably. Can we detect change in judicial regime? What about the various prisons in London and their inmates? People sentenced by the Old Bailey formed only a minority of the people shipped to Australia. In December 2013 Sharon Howard wrote ‘Thinking about dates and data’,  a posting on the blog of The Digital Panopticon in which she reflects on the possibilities of using the various data sets to get a reliable picture of the people exiled to Australia, in particular those coming with the First Fleet in 1787.

It is easy to gather from the summary of the main research themes that researchers obviously can use resources which are already more or less ready for use. For example, at the University of Giessen a digital text corpus has been created from the data of the Old Bailey Proceedings which makes it possible to do linguistic research within the proceedings. Research into the health of convicts transported to Australia is facilitated by the project Founders & Survivors: Australian life courses in historical context, 1830-1920 created by historians, demographers, genealogists and population health researchers.

The Convict Transport Registers Database, accessible at the portal Connected Histories, contains 123,000 records of a total of 160,000 persons transported to Australia between 1787 and 1867 from the registers in the HO 11 series kept at the National Archives, Kew. An online research guide provided by the National Archives gives you guidance to a lot of relevant resources, some of them online. A second guide helps you specifically for researching people transported to Australia. You can either access London Lives 1690 to 1800 – Crime, Poverty and Social Policy in the Metropolis at its own website or use it through the portal Connected Histories. In the research guide for themes around and sources on crime and justice at this splendid portal the London bias of the resources is rightly pointed out. The digital resources of British History Online which do redress this imbalance to some extent, can be searched at Connected Histories, too. In the section Connections of Connected Histories you can find fine examples created by users of the way you can combine data on persons and connect the resources assembled at this portal. Its sheer size and variety, even after noticing some resources only to be used at subscribing institutions, is stunning, and I am hard pressed to find any digital history portal elsewhere with at least some of its contents and qualities. Linking records to a particular person depends on correct identification of people, and this makes research at Connected Histories not a straight forward affair.

One of the resources recently added to Connected Histories brings us to the very title of The Digital Panopticon. The transcriptions created by the crowdsourcing project for the papers of Jeremy Bentham, a part of the Bentham project at University College London, will become available here, too. On my blog I have written in 2011 a post about the Transcribe Bentham project. Bentham coined the use of the term panopticon for his famous model of a prison in which all prisoners can be seen by their guards from one point. However, in this new digital panopticon things seem almost reversed. You can look at prisoners from more than just one central perspective! By the way, some of the seven themes of the project have been the subject of postings here. In 2012 I wrote a post about museums and legal history in which I did question the way the history of punishment has been transfigured at some historical spots into a kind of morbid tourist attraction.

A constellation of websites

The Digital Panopticon is heavily dependent on digital data already accessible thanks to earlier projects. One of the most amazing and powerful facts about this interdependence is the role and position of Sheffield historian Sharon Howard. She was the project manager for the digitization of the Old Bailey Proceedings and she had the same function for the portal Connected Histories. For The Digital Panopticon she is again the project manager and also webmaster. No doubt things are sometimes much easier thanks to her knowledge of vital information about the data at these earlier projects and the ways they have been digitized or harvested. Last October I mentioned Sharon Howard briefly in another posting here. I recalled immediately the title of that post, ‘The galaxy of French humanism‘, when I looked at her digital presence in the second part of today’s post.

Logo Early Modern

The personal website of Sharon Howard is a veritable portal to her websites, blogs and the projects she is involved with. Early Modern history is her main research period. Legal historians will look in particular to her Early Modern crime bibliography. What this bibliography with some 500 titles maybe lacks in content is redeemed by her portal Early Modern Resources (EMR) and her blog aggregator Early Modern Commons (EMC). EMR is a treasure trove for anyone looking for historical resources for British and European history between 1500 and 1800. You can follow any particular theme or enter a free text search with always most valuable results which at the very least offer you food for thought, and more often the inspiration for and first guidance on new roads to go. A third abbreviation, EMN, stands for Early Modern Notes, Sharon’s Early Modern history blog. The websites and the blog will get a new form at the Early Modern Hub which Howard currently is constructing.

The section on blogging of Sharon Howard’s personal portal is perhaps its very heart. You can choose here from four blogs and four blog aggregators. As an aficionado of medieval history I would like to mention Medieval Broadside, a blog aggregator about medieval history, with of course a blog roll of the blogs included. The Broadside is not a website about broadsides and pamphlets, but a website which is to some extent its modern equivalent, an aggregator for messages posted by historians on Twitter about history. The New Newgate Calendar is another blog aggregator with a fine blog roll, this time as you would guess from its title dealing with news about research on the history of crime and punishment. A look at the blogs included here gives you a good idea of the wide variety of current subjects and methods in this field. The website for the original Newgate Calendar gives you the stories of English criminals imprisoned in the Newgate prison between 1700 and 1900. I leave it to you to look at the blogs and the blog aggregator with the word “Carnival” in their titles. You might do this during the coming carnival days!

In the projects section we have met already some of the projects for which Sharon Howard worked. Of the other projects I will only mention Manuscripts Online: Written Culture 1000 to 1500, a portal for online research on medieval manuscripts, and Locating London’s Past, the project connecting John Rocque’s 1746 map of London with texts, artefacts and information about the streets and buildings of eighteenth-century London. Is it by now still a surprise Sharon Howard has done research for an online course on Data Management for Historians?

If you are not yet satisfied with the variety and quality of the digital presence of just one researcher I can send you to two other sections of Howard’s portal. The fourth section deals with Fun, but actually some websites which started as a kind of virtual playground are not just play. Anyone thinking about creating an online – or printed – bibliography can benefit from her Zoterowiki, a guide for the popular digital bibliographic tool Zotero. You might need it when you contemplate contributing to her Early Modern crime bibliography! Based on the Old Bailey Proceedings Howard has created a tool to visualize the frequency of crimes and punishments in this data set. Her steps into visualizing hashtags used in tweets by historians brings me to the last section where she offers just links to her Tumblr blog, EMN and her own tweets. The Digital Panopticon can be followed, too, on Twitter (@digipanoptic).

If The Digital Panopticon is about viewing crime and punishment and the people involved from as many perspectives as possible, you might characterize the digital presence of Sharon Howard as a kind of virtual omnipresence! I cannot do better than express my admiration and salute the unflagging efforts of a historian doing so much to bring digital information together for the benefit of historians and anyone interested in history and law. At the end of this post I am sure you will bookmark some of the websites and blogs mentioned here or at Howard’s marvellous portal.

Inspiration for more research

At the end of this post feel mightily impressed with The Digital Panopticon and with the fleet of blogs and websites created by Sharon Howard. Comments, questions and criticism are always possible, and I have commented on some features and hinted at some questions indeed, but my main impression of The Digital Panopticon is positive, The eleven researchers of five universities cross borders in geography, time and themes. Can legal historians boast or at least remember similar projects on a vast scale? When you look around carefully and watch out for new or past projects you will surely find something which equals the scale and scope of The Digital Panopticon. Today the combination of a website, a blog and social media is common practice for many ranges of modern life.

The project that will dwarf earlier projects might well be present already, perhaps not yet visible in English or not spotted easily even by the most used web search engine. This week I have been searching for the website of an international project launched in 2013, but somehow I failed to track it with search engines. Not knowing the exact title of the project did hamper my online search severely. Luckily in the final stage of writing this post I remembered I created a bookmark in my web browser for it. History and the Law: Exchanges of Economic, Legal and Political Ideas aims at becoming a project bridging ages and continents. You can actually visit two websites presenting this project, one at Cambridge University, the other at Harvard. The presence of a webmaster in the team of any large-scale research project using digital tools is surely an essential element of its success and visibiity.

Tracing digitized pamphlets

This month work on new posts did not go as quickly as I had expected, but alas I did not find another subject to write about, until I suddenly found it. This week I made a few additions to the page at my own website on digital pamphlet collections, a page that I published only two months ago. In May 2013 Peter B. Hirtle of Cornell University Library kindly alerted me to the recently launched Trial Pamphlets Collection of Cornell Law Library. In 2011 I had written about pamphlets in two posts, one focusing on pamphlets, another focusing on trials. It seemed a useful effort to put my badly ordered examples of digital collections into some more permanent form.

My overview presents collections ordered by country and where possible in chronological order. For my list I have reluctantly excluded commercial projects accessible mostly only at subscribing libraries, and I try to focus on collections devoted exclusively to pamphlets, except when pamphlets form a substantial and well-defined part of larger digital libraries. Of course the large-scale subscribers’ only projects are most valuable, but you can easily spot them at the websites of many university libraries and national libraries. Any substantial addition to my overview is most welcome. At some universities access to digitized pamphlets is only possible for students and staff.

An example of a French pamphlet

An example of a French pamphlet – image Center for Research Libraries

As I added some collections to my own overview I luckily came across the French Pamphlet Project (FPP) – hosted at the University of Florida – for creating an online overview of digitized French pamphlets with the aim also of eventually creating a portal to digitized French pamphlets worldwide. At this moment you can already get access at French Pamphlets to nearly 500 digitized items. By the way, the case of France makes immediately the interplay clear between law and politics. It brings you to the role of the parlements, the provincial courts. Since 2013 the NEH supports with a one-year grant the project of CIFNAL, the branch for French collections of the Center for Research Libraries (CRL) (Chicago) with both American and European participating libraries. As for now the website looks a bit empty, apart from the early version of the portal, but it is accompanied by a Facebook page which brings you to more information, in particularly on the participating libraries and the number of pamphlets in their collections. CRL has experience with both projects concerning France, for example the Bibliothèque Bleue, the cheap books series published at Troyes and elsewhere in eighteenth-century France, and the Digital Library of the Caribbean, and also with pamphlets, in particular Chinese pamphlets and pamphlets and periodicals of the French revolution of 1848.

I tried to get access to the digitized pamphlets of the Bibliothèque de Toulouse mentioned at the Facebook information page of the FFP, and specifically at Rosalis, bibliothèque numérique de Toulouse, but I failed to find the 150 pamphlets indicated by the French Pamphlet Project. Only four pamphlets is meagre indeed. In the digital library Tolosana of the Université de Toulouse I could find at least 33 digitized pamphlets. The FPP invites institutions not yet contacted to get in touch with the project team.

I will not bother you here with other difficulties in getting access to pamphlets in some of the participating institutions, but surely the lack of a search for formats at Gallica, the digital library of the Bibliothèque nationale de France, is a major hindrance in tracking pamphlets. An example of a pamphlet collection easily showing its riches is the one at Harvard College Library: a simple search for “France” yielded already nearly 300 results. The University of Maryland has not yet an online searchable database for its digitized pamphlets, but apart from an online inventory of the 5500 pamphlets you can use a preset search using WorldCat to find at least a set of 500 digitized French pamphlets. The University of Florida Libraries deserve our thanks for developing a nutshell guide to the collections of the institutions cooperating in the French Pamphlet Project.

Logo of The Newberry Library, Chicago

One of the most promising collections which will eventually be accessible, too, at the FPP is the major collection of French pamphlets – well over 36,000 in all – at the Newberry Library, Chicago. The project for cataloguing and digitizing this collection started in 2009. It is accompanied by a fine blog. From January 28 to April 13, 2013 the Newberry Library held the exhibition Politics, Piety and Poison: French Political Pamphlets, 1600-1800, presenting its French pamphlets, mirrored in a splendid virtual exhibition. Among the pamphlet collections of the Newberry Library are the Louis XVI Trial and Execution Collection (530 items) and also two collections with a Dutch connection, the Jansenist collection of 700 pamphlets concerning the Old-Catholic Church, and some 800 Dutch pamphlets, mainly from the seventeenth and eighteenth century.

Not only the French Revolution…

The French Pamphlet Project wisely restricts itself to collections with mainly pamphlets concerning the French Revolution. It should therefore not be a surprise to find no mentioning at all of the mazarinades, a particular subgenre of French pamphlets aiming at the politics of cardinal Jules Mazarin (1602-1661). Here I wrote about mazarinades in 2012. A team of scholars in Tokyo and Nagoya has created the website Recherches internationales sur les Mazarinades with an overview of libraries in France and worldwide with holdings containing mazarinades. After registration with the Japanese project you get access to a large number of digitized mazarinades, but it is difficult to find much digitized materials outside their project. In my post I provided a number of links to digital collections. At Gallica and at Europeana I found nearly 400 digitized mazarinades.

The vivid debates and the intense communication about law, society and politics in France recorded in the mazarinades are a wonderful resource for our knowledge of the perception of the French Ancien Régime. In my view the wealth of the mazarinades provides to some extent the background for the FPP. The mazarinades set in a way the scene and at least some of the limits of the French pamphlet genre. The very word mazarinades truly almost hides the fact that you look at pamphlets!

In the section for France on my own page for digital pamphlet collection not only pamphlets for the French revolutionary period appear. I also mention Pamphlets.fr: Le répertoire des grand pamphlets, a project with mainly pamphlets by famous French people from the nineteenth and twentieth centuries, and The Siege and Commune of Paris 1870-1871, a project of Northwestern University for pamphlets, newspapers and other documents concerning another particular period in French history.

Interactions between websites, blogs and social media

One of the lessons I learned in dealing with digitized pamphlets is the importance of interaction between a website and a blog or other social media. When I started collecting information about relevant digital collections in 2011 I confess to have searched sometimes a bit at random. I did not just follow the beaten paths, but I ventured outside them.

Choosing what to include and what to exclude is sometimes really difficult. This week I visited by chance a digital collection of the Bayerische Landesbibliothek Online, Revolution, Rätegremien und Räterepublik in Bayern, 1918/19, a collection concerning the revolutionary period in Bavaria immediately after the First World War. Pamphlets appear in a section of this digital collection. Now is it wise to put this item in an overview of digital pamphlets, or should one present it in an overview of digital libraries? As for now I have chosen this last option and included them on my page with digital libraries, but it might be better to copy this item also to my page for digital pamphlets. This example is just one illustration of the problems in creating a useful and sensibly organized overview with a clear focus. Obviously you cannot rely on just one overview, and luckily you can often find other attempts as well, both in print as online. Let’s wish the French Pamphlet Project good luck!

The examples of the French Pamphlet Project, with both a portal site and a Facebook page, and the pamphlet project at the Newberry Library with on its main site a general introduction and guide to the online catalogs and a blog presenting interesting examples and stories from the project, show graphically some ways of combining the strengths of a website, often more static but also more durable, and the peculiar benefits of social media, the wide and quick dissemination of news for anyone interested. Speaking for myself, I am very happy to maintain a website and a blog on legal history. It is one of my hopes that visitors of the website will also look at this blog, and vice versa, because the two really depend on each other, for the benefit of the visitors.

A postcript

The Folger Shakespeare Library in Washington, D.C., has some 2,600 mazarinades in its holdings, one of the largest collections anywhere to be found. The library announced in 2014 at its special website Folgerpedia the full cataloguing and digital presentation of this great collection.

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.

Viewing Dutch books at home

Logo Boeken 1700-1870This week the Dutch Royal Library (Koninklijke Bibliotheek) in The Hague launched a new digital library, Boeken 1700-1870. In this digitization project some 160,,000 titles will eventually appear. On this blog digital libraries have often been the subject of posts. In this post I offer an extended version of my review in Dutch for the portal of the Foundation for Old Dutch Law.

A large Dutch digital library

In discussions of Dutch digitization projects the absence of any large project for old books has often been noted. On my blog, too, I discusses this in a number of posts, for example this post in 2011, and in another post that year about projects focusing on pamphlets. The Royal Library did develop substantial projects for old newspapers, journals and its illuminated manuscripts. For the project Early Dutch Books Online on eighteenth-century books it cooperated with the university libraries at Leiden and Amsterdam. However, with 10,000 books this digital collection is relatively small compared to projects elsewhere. Dutch viewers have free access to the digitized books from the Royal Library in the project Early European Books of Chadwick. Pamphlets from the rich collections of the Dutch Royal Library are present in Brill’s The Early Modern Pamphlets OnlineDigital libraries at other Dutch institutions and many Dutch digital repositories can be searched using the BASE portal of the Universitätsbibliothek Bielefeld. It is common knowledge to use the Karlsruher Virtueller Katalog to trace books in any language in major libraries all over the world, including digitized works.

For this new project the Dutch Royal Library has started a cooperation with Google. It follows the example of several major public and national libraries worldwide. Of the scheduled 160,000 titles some 80,000 are already available. A first notable feature is the rather restricted search functionality, just for author, title and a free search possibility. The website opens with this general search feature; with Uitgebreid zoeken (Advanced search) you get three search fields. Searches for a particular period, place of publication or a publisher are not (yet) possible. One can enter in the author field the full name in its normal word order to retrieve titles by a particular author, and this feature is certainly distinctive. The free text search enables you to search in all digitized texts. One can combine the search fields, and even add an extra search field, in order to narrow search results. The language of the search interface is Dutch. One can save pages either as an image or as a PDF. Buttons with links to social media can help you to alert others on the books digitized in this Dutch project.

Looking for legal history

It helps very much to make a review both readable and useful when you can include clear examples. Dutch legal history furnishes enough to have a good look at the workings of this digital library. For an author search I took the name of Cornelis Willem Opzoomer (1821-1892). At first I used only Opzoomer, but of course other people do have the same name. I was happy to find that you can enter his name in its entirety to get only the books he wrote. One of the things to notice is the great variety of subjects this prolific lawyer wrote about. With the word wetboek, “code of law”, I checked for both codes of law and commentaries on them. Boeken 1700-1870 contains a great range of both commentaries on particular codes, and it brings you also to subjects as military law, and codes for the former Dutch Indies and Suriname. In particular the digitization of books on Suriname is a major asset. Until now you would have to turn for Suriname to the digitized texts in the Digitale Bibliotheek voor de Nederlandse Letteren (Digital Library of Dutch Literature). The digital collections contains printed collection of arresten, verdicts of the Dutch Supreme Court, the Hoge Raad. I did not find many books on particular trials (proces). For subjects such as legal consultations (consultatieadvies) I did not find many titles. However, the typical Dutch kind of official consultation by lawyers on new or proposed legislation, often in their quality as member of the Nederlandse Juristenvereniging, the Dutch association of lawyers, now known as pre-advies (preliminary consultation), was also called advies during the nineteenth century.

Beyond Dutch borders

Using the general Dutch term for law as a subject, recht, I was surprised to find some fifty books in German. If you search for penal law, strafrecht, you will even find just one Dutch books and ten German titles, because both languages share the same word. One should consider this as a useful reminder of the great influence of German law and lawyers all over Europe during the nineteenth century. The Dutch code of private law that came into force in 1838 was adapted from the French Code civil, but this did not diminish the attention of Dutch lawyers for German law. When checking for titles in other languages – using the term civil – I encountered nearly 200 titles, and surely more is to be found, for example six titles of works by Alexis de Tocqueville.

It is still early to pronounce either completely positive or negative judgments on this new digital library. At this moment Boeken 1700-1870 forms already a substantial addition to the number of Dutch digitized books. The search possibilities are restricted, but search results yielded for authors and titles are promising. The full searchability of texts is a major quality. The contents for the field of legal history do seem alluring, especially when they clearly transcend the frontiers of the Kingdom of the Netherlands and the borders of the Dutch language. Hopefully the comments and wishes of users in my country and abroad help to strengthen the qualities of this project.

Democracy in ancient Athens

These weeks one of the books I am reading discusses the first democracy. Last year Antoon van Hooff, a scholar who taught at Nijmegen, published Athene. Het leven van de eerste democratie [Athens. The life of the first democracy] (Amsterdam 2011; third impression 2012). Although aimed at a Dutch public, Van Hooff shows not only British scholars know how to write about Classical Antiquity for the largest possible audience. Reading his study I realized it would be interesting to look at new sources and publications on ancient democracy. In this post I am happy to benefit from the riches offered at The Ancient World Online – abbreviated as AWOL – by Charles Jones of the Institute for the Study of the Ancient World (New York University), a blog offering a wealth of information on new projects and publications in this vast field. Here I take the liberty of choosing rather at random postings in 2012 at this veritable treasure trove.

Pioneering democracy

Dēmos: Classical Greek Democracy is a project led by Christopher W. Blackwell which figured at AWOL in March 2012. Van Hooff mentions it in his book, too. This project aims at creating an online encyclopedia about the Athenian democracy. The project website is part of the Stoa Consortium. Among the features are translations of ancient Greeks texts, and notably a series of lectures given at the Center for Hellenic Studies of Harvard University on “Athenian Law in its Democratic Context”. Michael de Brauw contributes a glossary of Athenian legal terms.

In July 2012 Jones published a notice about another project led by Blackwell for a new edition of the papyrus with the so-called Constitution of the Athenians of Aristotle (London, British Museum, Pap. 131). Images of this papyrus can be viewed at a website of the Furman University, Greenville, South Carolina. The accompanying website brings you much more, including the classic commentary by J.E. Sandy and word lists.

Ostrakon with the name of Cimon

Ostrakon with the name of Cimon, 486 or 461 BC – Athens, Ancient Agora Museum

In the ostracism, the procedure to ban people whose power the Athenians wanted to curb, ostraca were used, potsherds with the names of politicians to be banned. These potsherds are among the most visually speaking objects concerning the Athenian democracy. Van Hooff does not fail to tell again the touching story of Aristeides – reported by Plutarch – who helped an opponent to write his name on a ostrakon. In January 2012 AWOL reported briefly on the new Berliner Papyrusdatenbank where you will also find ostraca from the collections of the Staatliche Museen Berlin. In June 2012 Jones wrote about a project of the universities of Halle, Jena and Leipzig for cataloguing and digitizing their papyri and ostraca. Ostraca are found elsewhere, too, not only in Athens. Roger S. Bagnall and Giovanni Raffall have published ostraca from Trimithis, an Egyptian village. At AWOL I found an announcement of the digital version of the edition by Hélène Cuvigny of ostraka found at Didymoi in Egypte.

Greek inscriptions can be found also online in the digital version of the Inscriptiones Graecae and other source editions, a project of the Packhard Humanities Institute. You can find the Inscriptiones Graecae also separately in a digital version provided by the Berlin-Brandenburgische Akademie der Wissenschaften. Ostraca are in particular present in the section Kerameikos III, Inschriften, Ostraka, Fluchtafeln, from the edition by Werner Peek (Berlin 1941; reprint 1974). The website of the Center for the Study of Ancient Documents at Oxford offers an extensive selection of online resources concerning classical epigraphy. At Duke University you will find an online list of editions of papyri, ostraca and tablets. In the section on ostraca and tablets you will find a great variety of texts. I did not immediately spot an edition of ostraka from Athens. Among the editions and studies are Mitteilungen aus dem Kerameikos. I. Ostraka, Alfred Brückner (ed.) (Athens 1915), Ostraka, Mabel L. Lang (ed.) (Princeton N.J., 1990; The Athenian Agora, 25), Stefan Brenne’s study Ostrakismos und Prominenz in Athen: attische Bürger des 5. Jahrhunderts. v. Chr. auf den Ostraka (Vienna 2001), and Ostrakismos-Testimonien, I: Die Zeugnisse antiker Autoren, der Inschriften und Ostraka über das athenische Scherbengericht aus vorhellenistischer Zeit, 487-322 v. Chr., Peter Siewert et alii (eds.) (Stuttgart 2002). Van Hooff remarks that ostracism was exercised in Athens only fifteen times between 487 and 417.

Imagining ancient Athens is made easier by a new virtual tour of the Acropolis, a website announced at AWOL on November 1, 2012. In his announcement Jones point also to the information about the geography of ancient Athens gathered at Pleaides, a website of his own institute and the Ancient World Mapping Center (University of North Carolina at Chapel Hill).

Digital Antiquity

A lot of websites and blogs cover current research in the field of Classical Antiquity. The Digital Classicist is one of these blogs, which will lead you to several partner projects. For the congress calender of this blog I can find information for ancient history at websites such as Ius Civile and Compitum. In fact the versatile use of information technology in many forms should gain your admiration for the perseverance and great creativity of scholars studying ancient societies. Those scholars devoting also time to creating attention for such inventive projects on their blogs merit our gratitude for their efforts! In this short post I have only shown a few examples of much more which you can discover and enjoy for yourself and others. Even finding your road and choosing the means of transportation in Classical Antiquity is not forgotten. The ORBIS website of Stanford University will help you gaining insight into aspects of daily life which have relevance for legal history, too.

As for reading about the Athenian democracy, Van Hooff rightly reminds his readers that exactly this particular form of democracy has not always inspired modern Western democracies. One of the merits of revisiting familiar stamping grounds is to get more conscious of the different possible approaches to the Classics during the centuries. The twentieth century saw a number of shifts in attention and perspectives. Two decades ago appeared Christian Meier’s Athen. Ein Neubeginn der Weltgeschichte [Athens. A new start of the world's history] (Berlin 1993). Classical Antiquity still has the power to be a mirror for contemporary society, and this is surely not restricted to works by British or American scholars.

Revisiting Frankfurt am Main

Logo Max-Planck-Gesellschaft

One of the earliest posts on my blog in 2009 was devoted to the Max-Planck-Institut für europäische Rechtsgeschichte in Frankfurt am Main. Frankfurt has featured here in many posts, for example in a post on a guided tour to the criminal history of the capital of Rheinland-Hessen and in the post on Savigny at 150 years. Many times I have referred here to the pivotal position of this German research institute in the field of legal history, because it is the best example of an institute showing the variety of legal history, which almost leads you to prefer the plural expression legal histories. When I visited this week the website of the Frankfurt institute I found many new things which merit attention in a new post. The new building of the institute in Frankfurt’s West End gets close to completion, but it is really worthwhile to have a look at its activities before the move from the Hausener Weg to the new location near the inner city.

From strength to strength

At the moment I wrote the caption for this paragraph I wondered whether the MPI at Frankfurt am Main has indeed a motto of its own, but this one could very well play this role! In the face of many other fields of science and law for which the Max-Planck-Gesellschaft has created institutes it is most reassuring that legal history, too, has got its place since many years. The research programs of the MPG’s institutes are comparable to any other research institute, but the main goals and aims are reviewed by the central board in Munich through the years, with as a possible consequence closure or radical change.

One of the changes has been a shift of focus from the European Middle Ages to other periods and regions. Countries in the South-East of Europe and Latin America are new targets of research. Luckily materials brought together at the MPI such as a large collection of microfilms of medieval manuscripts are still safely in place. Quite recently the history of the former Arbeitsgruppe Legistik has been honoured with the launch of a digital version of the Verzeichnis der Handschriften zum römischen Recht bis 1600 (4 vol., Frankfurt am Main 1972) in the database Manuscripta Juridica. The original edition itself was basically a print made by Gero Dolezalek and Hans van de Wouw with their pioneering computer program of information concerning manuscripts in libraries worldwide containing texts of and commentaries on Roman law. The online version will be supplemented with data concerning manuscripts with canon law texts. Recht im ersten Jahrtausend is a new subseries of the MPI in the main series Studien zur europäischen Rechtsgeschichte. The recent publication of Andreas Thier’s study Hierarchie und Autonomie. Regelungstraditionen der Bischofsbestellung in der Geschichte des kirchlichen Wahlrechts bis 1140 (Frankfurt am Main, 2011), on episcopal elections and medieval ecclesiastical law, shows that early European legal history is not neglected.

The library of the Frankfurt MPI is really the core and the heart of the institute. Its digital library testifies to its rich holdings by steady enlargements. To the first section with digitized German law journals between 1800 and 1918 a second section has been added this year with journals between 1703 and 1830. At present you can view 31 journals, some two hundred (!) more will be added. You will not wonder that these projects dominate the field of legal history until now, and they have a special place in an earlier post on digitized journals and legal history.

The Virtueller Raum Reichsrecht is dedicated to digitized works stemming from the German Holy Roman Empire. A much larger collection is DRQEdit with digital editions of German-language legal works, a project in cooperation with the Academy of Sciences in Heidelberg and the University of Cologne. Legal literature from Germany, Switzerland and Austria concerning private law printed during the nineteenth century is another subject for a separate digital library, with more than 4,000 books. The digital library for dissertations from the Holy Roman Empire between 1600 and 1800 contains a number of digitized versions of them, but is mainly concerned with presenting a detailed description of some 73,000 dissertations. By now it should be no surprise the institute at Frankfurt participates with three other institutes of the MPG in the Digitization Lifecycle project for best practices and innovation in the field of digitization. It is only fair to indicate that for reasons of copyright the number of accessible digitized books in the field of Byzantine law is unfortunately very restricted. The overview of manuscripts with legal texts from Byzantium offers here some solace. By the way, a number of pages of the MPI website are available both in German and English.

The holdings of the library have been enriched by the collections of several scholars in the field of legal history. Among recent accessions is the library of Sten Gagnér (1921-2000) with 10,000 volumes and many offprints. It goes without mention the library offers to its visitors access to a number of subscribed databases and the MPG’s own digital library and licensed online journals. It is often very sensible to look for books on a particular subject first in the library catalogue of the MPI. This will bring you often to literature you had not yet spotted at all. The only sections recently removed from the website of the MPI – or hopefully just temporarily missing – are the links section and the selection of portals for legal history.

In June 2012 the Max Planck Legal Studies Network has been launched in which ten legal institutes combine forces. One of the strengths of the Frankfurt MPI has always been the support of young scholars. With the University of Frankfurt the MPI cooperates in a Graduiertenkolleg, a graduate school for comparative legal history. Every year the MPI organizes a summer school and several other courses for young scholars. The Graduiertenschule Lateinamerika is organized in cooperation with institutions in Argentina and Brazil. For reasons of space I skip other initiatives for young scholars, apart from the financial support for graduates. A link with contemporary law is provided by the new LOEWE center of excellence Aussergerichtliche und gerichtliche Konfliktlösung, a three-year project extrajudicial and judicial conflict solution, a theme dear to my Rotterdam supervisor Chris ten Raa who organized already in the nineties an international research project on the history of mediation and conciliation.

The journal Rg-Rechtsgeschichte scarcely needs introduction as the successor to Ius Commune (1967-2001) which is in its entirety accessible online in the PDF format, and also to the Rechtshistorisches Journal with an often amusing different slant on and sometimes scathing view of the practice of legal history. It is a relief drawings are again admitted to the pages of Rg-Rechtsgeschichte!

More institutions in Frankfurt

Paulskirche, Frankfurt am Main

The Paulskirche in Frankfurt am Main, the location of the Nationalversammlung in 1848

I would like to end this post with a brief look at institutions of the Goethe-Universität Frankfurt. The law faculty at Frankfurt is certainly not neglectable, and in particular not the Institut für Rechtsgeschichte. The university library, too, is worth visiting. 1848-Flugschriften im Netz is the digital collection with pamphlets on the German revolution of 1848. Compact Memory is a project with over 100 digitized 19th and 20th century Jewish journals from Germany, to mention only one of the digital collections concerning Jewish history and heritage. Legal texts are present among the more than 400 digitized medieval manuscripts. I pick at random from the special collections the Internet Library Subsaharan Africa, a major portal for African studies, the Flugschriftensammlung Gustav Freytag and the Sammlung Deutscher Drucke 1801-1870, the central collection of German imprints from this period. Colonial history is the focus of the Bildarchiv, the digital image collection of the Deutsche Kolonialgesellschaft, digitized in cooperation with the Hochschule für Technik und Wirtschaft, Dresden. The university library holds also the former collection of the Bibliothek der Bundesversammlung (1816-1866). The volumes of the inventory by Johann Conradin Beyerbach of Frankfurt city ordinances, Sammlung der Verordnungen der Reichsstadt Frankfurt (11 vol., Frankfurt am Main 1798-1818), have been digitized, and the university library has several thousands of these ordinances.

Let’s finish with four other institutions: the Deutsche Nationalbibliothek with the German Exilarchiv 1933-1945 focuses on bibliographical projects and communication. The museums in Frankfurt have created the society for Frankfurter Museumsbibliotheken. For legal history the Institut für Stadtgeschichte, too, is one of the libraries with relevant holdings. The history of criminals and punishments comes into view at the Kriminalmuseum Frankfurt am Main.

You might get tempted to think I forget to mention scholars doing research and teaching in Frankfurt. I am very well aware they make the MPI and the other institutions briefly touched upon here into places with a vibrant scholarly life. Many of these scholars do deserve laurels. The very least to do is pointing to two deceased scholars, Helmut Coing, the founder of the Frankfurt MPI for European Legal History, and Marie-Theres Fögen, also many years at the head of this institute. In my experience the scholars in the service of the Max-Planck-Institut für europäische Rechtsgeschichte do their best to honour their memory. All who visit the institute and benefit from its services should follow and debate the standards they set, for constructive debate about the fundamental questions, practices and prejudices of legal history is also among the inheritance they left to future generations.

Turning to good account: medieval account rolls and legal history

How to present a faithful picture of legal history? Writing here about various subjects enforces the conviction that talking about legal histories in the plural is closer to the mark. Taking account of everything that is going on in this scholarly discipline is not possible. In my view the very subject of keeping accounts and its connection to legal history deserves a post here. In this case, too, you can choose a wide variety of perspectives, sources to be highlighted and stories to be told from the Ancient Near East until modern computerized accounting systems. I will in particular discuss a number of projects for the digitization of medieval account rolls.

From clay tablets to computers

Accounts are among the earliest surviving written sources of mankind. From ancient Mesopotamia clay tablets have been found written in cuneiform script. You can find an example of a digital collection of cuneiform records from the Assyrian empire on the website of the Library of Congress. A substantial percentage of ancient papyri, too, tell us about expenses and income, or stem indeed from official administration of all kinds for both secular and religious institutions. At Papyri.info you can search the bibliography for papyri rolls. From Roman times accounts have been preserved on various materials. Wax tablets with accounts are among the Vindolanda tablets found near Hadrian’s Wall in 1973. The tablets now on display at the British Museum in London have been digitized by Oxford University.

Logo Computatio

For our knowledge of medieval history accounts and account rolls are abundantly present. Otto Volk (Universität Marburg) has put anyone interested in medieval accounts and accounting into his debt by his efforts to create at Computatio an online bibliography of scholarship concerning the late medieval and Early Modern period.

Lately a number of projects in the United Kingdom has started to digitize a substantial number of medieval rolls. You will find a very large number of digitized records at Anglo-American Legal Tradition, a website of the O’Quinn Law Library, Houston University in cooperation with the National Archives at Kew. Among the records are plea rolls, Chancery Rolls and pipe rolls (E 372 series). The pipe roll from 1130 is the second oldest item from the royal administration, only preceded by Domesday Book (1086). Finding digitized pipe rolls and digitized editions published by the Pipe Roll Society is made easier using the overview and guide at Medieval Genealogy. The Pipe Roll Society announces for 2012 a new edition of the oldest surviving pipe roll from 1129-1130 and new editions of the pipe rolls for Normandy. The first edition of the oldest pipe roll was by Joseph Hunter, Magnum rotulum Scaccarii vel magnum rotulum Pipae (…) (London 1833; digitized at the Hathi Trust Digital Library). An edition of Norman rolls was published by Thomas Stapleton, Magni rotuli scaccarii Normanniae sub regibus Angliae (2 vol., London 1840-1844). These volumes have been digitized in the Digitale Sammlungen at Munich where you can find also the Rotulus cancellarii vel antigraphum magni rotuli pipae de tertio anno regni regis Johannis (London 1833). For Normandy the first volume of the new edition has already appeared, Pipe rolls of the Exchequer of Normandy, I, For the reign of Henry II 1180 and 1184, Vincent Moss (ed.) (London 2004). Mark Hagger writes in his article ‘A Pipe Roll for 25 Henry I’, English Historical Review CCXXII (2007) 133-140, about a fourteenth-century register from St. Albans Abbey containing a fragment from the pipe roll for Michaelmas 1124.

Separate projects are devoted to several types of roles. In the Henry III Fine Rolls Project rolls from 1216 to 1272 are being digitized on which the payments for royal concession were noted (C 60 and E 371 series). A translation will also be provided. This project at King’s College London is accompanied by a blog. The project website can boast a useful links selection to other projects. The Gascon Rolls Project is concerned with rolls similar to the Henry III Fine Rolls for the period 1317-1468 for matters concerning Gascony (C 61). On a French webpage you will find much information on previous editions of earlier rolls concerning Gascony. The Parliament Rolls from 1275 to 1504 have been edited earlier. The digitized version can be consulted only for subscribers at British History Online. Luckily you will find here digitized editions of many types of medieval rolls in open access. Access to a number of relevant sources is also provided by many calendars, the typical English finding aid created for many sources. The Online Medieval Sources Bibliography is a very useful tool to find digitized editions of medieval sources. At present for example 160 digitized editions of account rolls are included. In the 2011 issue of Digital Medievalist Morgan Kay and Maryanne Kowalewski discuss this bibliographical database which includes now more than 4,000 items.

Accounting and counting in medieval times

In this post I want to look at digitized medieval accounts and in particular account rolls, but sooner or later it becomes necessary to look first at the medieval way of accounting. Accounts were kept and sometimes rolls created to make it possible to account for both the actions of for example a royal officer, and also for the fines due to the king, which might not necessarily and automatically match with the actual amounts of money received. The accounts present a picture of posts concerning actions and money transfers for which the authors were held accountable.

The very word control stems from the practice of checking rolls against the receipts and the amount of money present after a particular period. In the field of trade and commerce medievalists often point to the invention of double entry book-keeping and the treatise La pratica della mercatura by Francesco Balducci Pegolotti (fl. 1310-1347). The edition by Allan Evans (Cambridge, Mass., 1936) has been digitized by the Medieval Academy of America. The first clear late medieval presentation was long said to be found in the Summa de arithmetica, geometria, proportioni et proportionalita (Venice 1494) by Luca Pacioli (1445-1517) – GW 44422, digitized for example at Cologne and at the ECHO project of the Max-Planck-Institut für Wissenschaftsgeschichte, Berlin – whose chapter on book-keeping stems partially from Giorgio Chiarini, the Florentine author of the Libro che tratta di mercanzie et usanze dei paesi. An incunable edition of this work appeared at Florence in 1481 (GW 22847). Alas the link to a digitized version at the Württembergische Landesbibliothek Stuttgart does not work. Vincenzo Gitti edited a text by Pacioli, the Tractatus de computis et scripturis / Trattato de’ computi e delle scritture (Turin 1878), also available online at the Universität Köln.

These treatises came into existence after some major merchants and towns had already started using the double entry book-keeping system during the fourteenth century. Vittorio Alfieri, La partita doppia applicata nelle scritture delle antiche aziende mercantili veneziane (Turin, etc., 1891) – digitized at Cologne – made already clear that Pacioli was probably not the first to explain this system. Alfieri discusses similar treatises up to Benvenuto Straccha’s De mercatura (1553), the first legal treatise exclusively devoted to commercial law. Straccha is the subject of a virtual exhibition at the Università Bocconi in Milan, where you can find a bibliography on him and more treatises concerning commercial law. Anne van der Helm and Johanna Postma of the Instituut Pacioli found in 1998 the manuscript of a mid-fifteenth century Italian treatise by Benedetto Cotruglio, Libro dell’arte della mercatura with an appendix, La riegola del libro which according to Van der Helm and Postma dates from the first half of the fifteenth century. This appendix is missing in the edition of Cotruglio’s text by Ugo Tucci (Venice 1990). In the paper discussing this newly discovered text – dealing not only with book-keeping but with many aspects of commerce – the authors provide an ample bibliography of relevant scholarship on the earliest book-keeping treatises.

As for the question where double book-keeping occurred for the first time L. Lauwers and M. Willekens mention in their sketch on the history of book-keeping, ‘Five hundred years of book-keeping. A portrait of Luca Pacioli’Tijdschrift voor Economie en Management 39/3 (1994) an article by Michael Scorgie, ‘Accounting fragments stored in the Old Cairo Genizah’, Accounting, business and financial history 4 (1994) 29-42, who studied a fragment of a journal dating from 1080 and four pages of accounting with credits and debts dated 1134. One can search part of the Cairo Genizah in the Genizah On-Line Database of Cambridge University Library. Images can be found also in the Friedberg Genizah Project, and in Cambridge’s DSpace. Lauwers and Willekens mention also a study by John Caldwell Colt, The Science of Double Entry Book-keeping (New York 1844; online, University of Rhode Island). Colt already guessed that the connection with Egypt, Constantinople, and the commercial network of Arabic merchants stretching from northern Africa to India, is vital for the introduction of double book-keeping. Pointing to the activity of Lombards all over Europe is another sensible line of argument. However, his assumption that the Hanseatic League also quickly took over this method, is wrong, because the cities of this commercial league long refused it.

Probably the largest single medieval commercial archive is the Fondo Datini at the Archivio di Stato, Prato, with the famous documentation about Francesco di Marco Datini, immortalized in Iris Origo’s The Merchant of Prato (1957). On the website one reads the affirmation that from the end of the thirteenth century double book-keeping was used in Tuscany. However correct or incorrect this statement, the Fondo Datini shows an overwhelming variety of account books.

It would be foolish not to mention at least briefly the use of Roman and Arabic numbers. Counting with Roman numbers was mostly done with an abacus. The story of Leonardo Fibonacci and his Liber abaci (1202) can be found almost anywhere. In this mathematical treatise he introduced the modus Indorum to Europe, the numerals as we know them, including the use of zero. Laurence Edward Sigler published a study and translation in English, Fibonacci’s Liber Abaci: a translation into modern English of Leonardo Pisano’s Book of Calculation (Berlin-New York 2002). The edition by Baldassare Boncompagni, Scritti di Leonardo Pisano (2 vol., Rome 1857-1862) has still to be used, and can now be consulted online in the Hathi Trust Digital Library. You can find it also together with other digitized Italian mathematical works on the Mathematica Italiana portal of the Scuola Normale Superiore, Pisa. It is not included in the section for the history of mathematics of the Berlin website European Cultural Heritage Online.

Rolls and scrolls on many subjects

Let’s go back from the treatises to the account rolls and account books. Many years ago I was fascinated by the rotuli mortuorum, the rolls with the names of deceased medieval monks for whom prayers were requested. More recently rolls of arms figured here in a post concerning medieval heraldry. The chapter of the Introduction to manunscripts studies by Raymond Clemens and Timothy Graham (Ithaca, NY-London 2007) devoted to rolls and scrolls made me again curious about this format and its uses. Not only here figure rolls, but elsewhere in this book, too, for example a thirteenth-century roll cartulary written by a notary from Asprières in the Provence (Chicago, Newberry Library, Greenlee ms. 39), and a parchment roll with a large hole caused by the corrosive pigments of an illustration (Chicago, Newberry Library, MS 22.1). The authors mention also an example of an account roll from thirteenth-century Florence.

Michael Clanchy mentions the use of rolls in his classic study From Memory to Written Record: England 1066-1307 (London 1979; 3rd ed., New York 2012) and more particular also the way written records were used. Auditing a roll was indeed done by reading them aloud. Clanchy points to the possible influence of Arabic practice transmitted by English mathematicians such as Adelard of Bath on the introduction of the roll form. He reckons also with influence from Sicily which in the early twelfth century had only just been conquered on the Arabs. Scholars still debate the actual forms of this influence from the Arab world and the precise ways they might or could have led to developments in Italy.

You will excuse me for not giving examples here of all kinds of medieval rolls, even though Clanchy discusses a generous range. The Parliament rolls have been mentioned here already. Among the main sources concerning English medieval law are the plea rolls, the Exchequer rolls, the eyre rolls, the coroner rolls, the statute rolls and the assize rolls, almost all of them also treated in Clanchy’s book. For the patent rolls it is interesting to visit the website for the itinerary of King John and the rotuli litterarum patentium, with Hardy’s 1835 edition. It might seem useful to remember the Rolls Series, a major series of editions of sources from medieval Britain, but the Master of The Rolls, responsible for the series, decided to publish mainly chronicles in this series. Court rolls often contain the fines of cases. One of the major online projects for court rolls is The Court Rolls of Ramsey, Hepmangrove and Bury, 1268-1600, based on the edition of sources for this part of the East Midlands with the same title (Toronto 1990) and accompanying the book Ramsey. The life of a Fenland Town by Anne Reiber DeWindt and Edwin Brezette DeWindt (Washington, D.C., 2006). The Conisborough Court Rolls (University of Sheffield) present rolls from a manorial court in Yorkshire. For medieval Ireland the website Irish Chancery Rolls, c. 1244-1509 has been launched recently with rolls patiently reconstructed from the materials that survived the disastrous bombing of the Irish Record Office in 1916. It would be splendid to view documents from medieval Spain. Thomas Bisson’s study Fiscal accounts of Catalonia under the early count-kings (1151-1213) (2 vol., Berkeley-Los Angeles 1984) contains the text of a number of documents. For an earlier period Michel Zimmermann has written a major study on the role of writing in Catalonia, Écrire et lire en Catalogne (IXe-XIIe siècle) (2 vol., Madrid 2003).

I would like to close this post with a shortlist of separately digitized medieval account rolls and similar documents with a clear link to administration, government or jurisprudence. Don Skemer deals with statute rolls compiled by individuals in ‘From Archives to the Book Trade: Private statute rolls in England, 1285-1307′, Journal of the Society of Archivists 16 (1995) 193-206. I will exclude here many other forms, such as genealogical rolls – though I would like to point to the digitized world chronicle and genealogy of Edward IV in roll form at Philadelphia, Free Library - mortuary rolls and heraldic rolls. My brief list opens with a number of examples from the Digital Scriptorium, choosing of course examples completely digitized:

  • Los Angeles, UCLA Library, ms. Rouse 61: Rent roll; Hertfordshire, 1560 – ms. Rouse 53 is an homage roll from Norfolk, 1446-1453
  • Los Angeles, UCLA, Bancroft Library, BANC UCB 119: Purchase of land, Bergamo, 1500
  • New York, Columbia University, ms. Montgomery 22: Account roll, Ely, 1400-1415
  • San Francisco, San Francisco State University, J. Paul Leonard Library, De Bellis Collection, De Bellis H 121, Box1:A3: Roll, 1338; Italy – the exact nature of this roll is not indicated in the description
  • New York, Columbia University, Smith Documents 63: Tax roll of tithes, Vaux (Somme), first half 15th century
  • Oxford, Bodleian Library, ms. Ash. Rolls 45, Procession to Parliament; 17th century – a beautiful illustrated roll; for digitized genealogical and heraldic rolls Oxford provides an ample choice
  • Philadelphia, University of Pennsylvania Libraries, ms. Oversize 23: Property survey; Val Secret, department Aisne, 1324
  • Philadelphia, University of Pennsylvania Libraries, Codex 1116: Distribution of funds for churches; Volterra, 1490
  • Paris, Archives Nationales, AE/II/216: Toll tarifs, Sens, around 1223; two rolls
  • Paris, Archives Nationales, AE/II/329: Document of three apostolic commissioners concerning the nullity of the marriage between Charles the Fair and Blanche of Burgundy, 1322
  • Paris, Archives Nationales, AE/III/203: Letter of Uldjaitu, king of Persia, to Philipp the Fair and other christian princes to renew the existing alliance, 1305 – on the back of the roll is an Italian translation of the Mongol text
  • Beaune, Archives Départementales de la Côte d’Or, Chambre des Comptes de Bourgogne, B 11525: Tithe roll for the region around Beaune, 1285

Of course one can point to interesting documents concerning legal history in roll form elsewhere, not only in medieval Europe, but for example in medieval Japan. Harvard Law School Library has digitized 22 komonjo, scrolls with various legal texts from the period 1158-1591. Jewish marriage contracts in roll form are being digitized in the Ketubbot project of the Jewish National and University Library, Jerusalem. The Society for Old Dutch Law published a merchant guild roll from Deventer, De koopmansgilderol van Deventer voor 1249-1387, H.R. van Ommeren (ed.) (The Hague 1978), and the text of this edition – without images of the roll – can be consulted online. For Flanders and Brabant H. Nélis created an overview of account rolls in his study Chambre des Comptes de Flandre et de Brabant. Inventaire des comptes en rouleaux (Brussels 1914)

At the French Archim website you can consult online the roll with the interrogation of members of the Knights Templars from October 19 to November 24, 1307 (Paris, Archives Nationales, J 413 no. 18). Another roll from this famous trial is J 413 no. 29, a digitized inventory on six parchment leaves of the goods of the Templars in the bailliage of Caen. Using the collections search interface of the French Culture portal it seems you cannot find easily other examples in France. The Archives Nationales held in 2011 an exhibition on the Templars affair. The accompanying leaflet L’affaire des Templiers: du procès au mythe shows an interesting selection of manuscripts and contains a concise bibliography on the trial of the Templars, its impact and afterlife. The database of the Lichtbildarchiv älterer Originalurkunden at Marburg contains examples of charters in roll form (Rotel), of which you can view images in black and white. At Monasterium.net, too, one can search for digitized charters of this type, but the search results here are not straightforward.

When writing this post I had to scroll to the end of my text, and thus in a way this post has become a roll, too. The pieces of parchment of a medieval roll were stitched together. I am afraid my text has some rather obvious stitches. At some points I have been much too brief, and at the same time this post contains almost too much. The scholarship in print on the variety of medieval rolls concerning the royal government of England is extensive, and I have mentioned but a few titles here. Perhaps this post just wets the appetite for more!

A postscript

What should be included, and what excluded in such a long post? Certainly not the website of the center for the history of accounting at the Université Lille-3. You will find more links on this website. Comparable centers are mentioned in the links section of the e-journal De Computis. At least three articles in the e-journal Comptabilité(s) deals directly with medieval rolls, Harmony Dewez’s 2011 illustrated contribution on the manorial rolls of Norwich Cathedral Priory, Jean-Baptiste Santamaria on accounts for the bailliage of Hesdin in fourteenth-century Artois, and Patrick Beck on accounts for the comune of Dijon.

By chance I visited the website Richard II’s Treasure, created by the Institute for Historical Research and Royal Holloway College, where besides many objects the treasury roll of this king from 1398-1399 is featured (National Archives, E 101/411/9). However, you will find on the website just two images of the roll, and the text of this 40 meter roll is missing, too. Jenny Stratford who helped creating the website gives the text in her study Richard II and the Engish Royal Treasure (Woodbridge 2011).

The wealth of sources: comparing legal history databases

On April 23, 2012 Dan Ernst alerted at the Legal History Blog to the report by Mitch Fraas on legal history databases for the Center of Research Libraries (CRL). Fraas compares in his brief report the contents, range and accessibility of sources for legal history available in a number of major databases which can be accessed by subscribers and subscribing libraries. The theme of open access has figured here already a few times. Perhaps due to the sheer number of posts at the admirable Legal History Blog Dan Ernst’s post and the report by Mitch Fraas (University of Pennsylvania Libraries) have thus far not received due attention. Fraas makes some comments about finding documents and archival records outside the main databases for legal history that call for reflection and reactions.

This report gives me a most welcome opportunity to deal at last with these commercial databases which I have so far kept at a safe distance. Until now I have included them nor here nor at my website. Is it wise to want to have as much as possible in subscribers-only databases? To who belong the sources for the history of nations, for the development of law, legal institutions and jurisprudence, and the records of the actual application of law in courts and elsewhere? Is the intervention of commercial firms absolutely necessary to make online access possible? Are we simply facing a dilemma or are there several ways to obtain maximum accessibility at comparatively low costs? Fraas is a specialist in Anglo-Indian legal history, but he brings the Indian perspective only as a second thought. The very least I can do here is pointing to a blog which serves a portal to India’s legal history. I will also look at the digital collections provided by the Center for Research Libraries, both for subscribing institutions and in open access.

Commercial databases for legal history

Until now my main impression of commercial legal databases was that they serve primarily the field of current law. Depending on the country you live in they tend to focus on jurisprudence, laws and statutes. Legal history seemed to figure only as an offspring of these databases. My impression of a rather closed environment was perhaps rather unluckily fortified by the website Constitutions of the World where for non-subscribing visitors only facsimiles of constitution come into view. The guide on Scottish legal history by Yasmin Morais at Globalex, a website with guides to the legal systems of many countries where her fine guide is the only one dealing with history, adds to an impression of legal history as a subject lost between modern developments. The readers of this blog and my website or of any other worthwhile website on legal history know this picture is not correct. Legal history is very much alive!

If you do not deal on a daily business with Anglo-American law you might be excused in guessing LexisNexis, HeinOnline, WestLaw e tutti quanti present only the materials for contemporary lawyers and law students. The resources guide of an average American law school allots much space to the products of these firms, and a number of schools can add regularly new databases or functionality for existing systems to the variety of resources available for users on and off campus. History comes into view already because of the need in a number of legal systems to be able to search for precedents. Thus legal systems with a tendency to focus on case-law or – phrasing it for Anglo-American law – taking a lead from the principle of stare decisis, inherit a vital connection to the past for present-day use. The drawback is the daily temptation to view this historical connection as a useful handmaid of the present, and not much more. In American law case-law currently gets its specific importance also from the way the constitution comes into view.

A useful comparison

Logo CRL

You might wonder why I included the paragraph here above, but at least it helped me in being more aware of my prejudices against commercial legal databases. Let’s go now quickly to the concise report by Mitch Fraas. He looks at a wide range of sources: published case reports, trials, statutes and laws, general legal literature, and other legal materials. For each category he compares the resources offered to subscribers by LLMC-Digital, HeinOnline, Gale and other firms with resources freely accessible online. Very soon it becomes clear that sources for the United States and the United Kingdom are very well served in these commercial projects. Part of the report is a very useful links selection of both subscription databases and open access resources. Fraas notes that the CRL, too, makes many of its subscription databases available through LLMC-Digital. The report ends with conclusions which you can use as a kind of rough guide to digitized resources for doing legal history on subjects touching the United States, the United Kingdom and Canada. Fraas has written a more extensive report on LLMC-Digital to which he has added an overlap analysis with comparable providers and a report on the coverage of countries within LLMC-Digital.

At the very end of his report Fraas looks beyond materials for American and British legal history. Sources for the history of the British Empire are also included in the databases under discussion. Fraas himself is a specialist of Anglo-Indian legal history, the theme of his personal blog. His current research is concerned with Privy Council appeals in the early colonial period, i.e. the eighteenth century. For the legal history of India, too, Fraas indicates a search strategy for using digitized sources. To me he seems unnecessary modest in not mentioning his own blog and the sources he has made available himself. He advises researchers to start first with the subscription databases before visiting the various websites which deal with Indian law. It would have been easy to add the guide to these websites provided by Mitra Sharafi (University of Wisconsin) on her splendidly useful blog on Indian legal history.

In a comment on Fraas’ report at the Legal History Blog Fred Shapiro mentions the oversight of Making of Modern Law: Primary Sources. I guess it is the very variety of projects within Gale’s Making of Modern Law series that has caused this omission, but this is certainly a major resource. Today I noticed another blog Mitch Fraas has recently started, Unique at Penn, a blog for the University of Pennsylvania Libraries about its holdings. Compared to the average online library guide to digital resources for legal history Fraas’ report stands out because he indicates strengths and weaknesses of these resources and points to strategies for their use.

What else has the Center for Research Libraries in stock for legal historians? The CRL website gives an overview of the digital collections created by CRL. LLMC-Digital is among them, and most of them are only open to subscribers. Here I will briefly mention the resources in open access which have some relation to legal history. The Digital South Asia Library, a joint project of CRL and the University of Chicago Library, is not only a digital library but also a portal for South Asian Studies. Among the digitized reference books is the Imperial Gazetteer of India. The Digital Library for International Research contains the Digital Legal Texts of Outer Mongolia, created for the American Center for Mongolian Studies in Ulanbator. The collection Brazil Government Documents, too, is freely accessible online. Of interest is also the collection Chinese Pamphlets: Political Communication and Mass Education with pamphlets published between 1947 and 1954. In my latest post figured the nineteenth-century Slavery and Manumission Manuscripts of Timbuktu. The digital collection with pamphlets and periodicals of the French Revolution in 1848 has also figured here in an earlier post. CRL provides more research guides, for example on human rights and medieval studies. At the CRL website you can find also reviews of major commercial digitization projects, for instance of World Constitutions Illustrated, with again a useful list of online resources, both for subscribers only and in open access.

Open access or subscription, an eternal dilemma?

Some of my readers would like me to vote clearly for the creation of open access digital resources as the sole way to provide scholars with adequate access to their preferred digitized resources. I simply cannot decide this within the space of one post. I am certainly concerned about the monopolizing tendency of a number of firms which gain sizeable profits from the digitization projects they maintain in cooperation with national libraries and prestigious research institutions. In principle national libraries have a task not only for scholars or for a nation but for the common good. It seems many institutions follow both the road of projects financed and possibly tapped to some extent by commercial firms, and the road of their own projects, sometimes in collaboration with partner institutions in other countries. Libraries are probably wise not to exclude commercial collaborations, but when access to digitized materials concerning the cultural or legal inheritance of nations and peoples is severely restricted, it seems they do not fulfill their mission as completely as they should.

One should be aware how difficult it is to take decisions in the face of budget cuts. Libraries, museums and archives have to adapt themselves to the chances and threats of the digital revolution. They face pitfalls and dead-ends, they are sometimes surprised by the very success of other projects. Every now and them it is even hard to discern at all between failure and success. They cannot bet on one horse, be it the glory of independent projects which distract from the very high costs sometimes involved, be it as a more anonymous contributor to commercially safe projects which do not exhaust their own budgets. In my opinion the firms with the subscription databases should give the contributing institutions more credit for their trust and for their policies which have resulted in the very creation of the collections being digitized. Is there no lawyer who can develop a legal construction which sets for example a ten years limit to the profits gained by these firms from digitizing objects which are in the public domain? On the other hand one has to acknowledge some firms invest at least some of the profits gained from their subscription databases in the field of current law into projects for scholars and the general public interested in culture and history.

It is easy to create a caricature of reality with a simple distinction between the good, the bad and the ugly. Some open access projects are distinctly ugly, in particular those with institutional stamps on images. In my view it would help to have more insight into the arguments which favor in one case open access, in another case cooperation with a publishing company. In earlier posts I could already show that the sheer number of items or the degree of familiarity of objects is not necessarily the decisive factor. Today’s wisdom can be tomorrow’s foolishness. State of the art technology can quickly become outdated. The position of libraries in the field of scholarly information can change rapidly and make current constellations inadequate for the future. The report discussed here deals with American and British legal history. It will be most interestingly to create similar reports for other fields of legal history.

A postscript

At the back of my mind remained the question where to find a guide to free online materials concerning American law. Recently Harvard Law School Library published an online guide for this purpose, not only for American resources, but also covering foreign and international law.

Historical British newspapers at a price

Logo The British Newspaper ArchiveIn the midst of all activities around Christmas the British Library has launched a massive digital collection, the British Newspaper Archive. You might think that in 2012 I would have found a message about its launch in a tweet, but I stumbled upon it without using the digital tool for this virtual activity. Within a minute it became crystal clear that you can have here “history at your finger tips” as the blurb on the site puts it, depending of course on your specific search, but then the signs appear that you have to pay to view the contents you have just found. As for the search possibilities, the advanced search mode should satisfy the most exacting scholars. The free trial is very meagre, just a few pages, so you might grudgingly decide not everything valuable comes free. You have to pay to use this wonderful Christmas present to its full extent. The British Library has licensed a commercial firm to receive money for this project which surely has costed a lot of money, for you will find scores of newspapers, some of them starting in the early eighteenth century, up to more recent times. For £ 79,95 a year you can have your own private subscription. Having the riches in front of you as colourful thumbnails but not being able to view them in full size is a tantalizing experience.

Lately I had the chance to use a number of digitized Dutch newspapers, for instance in the post on the Hoorn Pie Trial. It made me more aware of the uses you can make of these sources both as a general historian and as a legal historian. I take the example of these Dutch newspapers not only to give this post a Dutch flavor, but to show you more closely what you can find using digitized newspapers. The British Library and this new digital archive stand out from other digital newspaper archives, because it is really rare to find paying digitized historic newspaper websites.

Paying for digitized British sources

In fact more British examples of paying historical websites can be given. Last year I wrote in a post briefly about the project 19th Century British Pamphlets Online, where you are allowed to search the catalogue with more than 20,000 items from seven British research institutions. The pamphlets themselves, however, can be only be viewed at subscribing institutions. At the British Cartoon Archive, an example closely associated with newspapers, £ 25 is charged for each image that you want to get in its full quality. Some English archives with digitized collections from their medieval holdings charge you for the use of digital images. An example for medieval canon law are the Cause Papers in the diocesan courts of the archbishopric of York, 1300-1858. The University of York has finished the digitization and is now adding them to the inventory. Perhaps this will bring a change in the way one can access these materials.

Is it the sheer scope and scale and the investments involved in these admittedly large projects that led the institutions involved to choose for commercial or semi-commercial solutions? I would have to be more familiar with current English copyright law, but to me it seems that newspapers before 1900 at least are out of copyright. For me it is clear that a convincing explanation is needed why a national library allows you to use many digital sources freely, but makes an exception for newspapers. If the answer is a plain need of money, this would be the start of an honest and full response.

Historical newspapers online in Britain and elsewhere

As my point of depart in this post I will take the overview of online old newspapers at European History Primary Sources, a portal to commented online sources for European history maintained at the European University Institute in Florence. The most simple general search for newspapers yields some ninety digital collections, almost all of them in public and free access. Luckily the overview indicates also some British websites with historical newspapers which can be viewed in open access. At first a surprise is British Newspapers online, a project again at the British Library where you can use four newspapers freely for at least a limited time span, to be more precisely, the Manchester Guardian (1851, 1856, 1886), the Daily News (1851, 1856, 1886, 1900, 1918), the News of the World (1851, 1856, 1886, 1900, 1918), and the Weekly Dispatch (1851, 1856, 1886, 1900, 1918). Here you might at least try to compare the coverage of events in some particular interesting years. The four newspapers are also available through British Newspapers 1800-1900, the earlier subscribers’ only project of the British Library with 49 historical local and national newspapers. However, the Penny Illustrated Paper and The Graphic can be viewed free of charge. The websites Gazettes Online brings you to the London Gazette, the Edinburgh Gazette and the Belfast Gazette, but their official character sets them apart from normal newspapers.

Some British newspapers have made a selection from their historical archive. Guardian Century is not a complete archive of the period 1899-1999, but merely a selection of the main new items from each year. The digital archive of The Scotsman for the period 1817-1950 gives you full search possibilities, and a number of short – even for one day – and longer subscription options. To set the record straight for the British isles, the Irish Times offers a digital archive for the period 1859-2009 where you get the first lines of each result, but for more you have to pay four times as much for a yearly subscription at the British Newspaper Archive. For such an amount of money you had better subscribe to the services of the Irish Newspapers Archives with fourteen newspapers. At a server of the Lafayette University, Louisiana, is the index to the Belfast News-Letter from 1737 to 1800, which can help your searches on Irish matters.

The thirst for in-depth knowledge of a city as important as London is of course stronger than ever, not just for lovers of London and visitors to the 2012 Olympic Games, but also for legal historians since the appearance of London Lives 1690 to 1800. Crime, Poverty and Social Policy in the Metropolis, a website with a very large number of digitized documents, among them a substantial number of criminal records and coroner records. The coroner was and is the official charged with inquiries into unnatural deaths. A prime example of a recent British history project which should hold great interest because of the way various kinds of records and perspectives are combined is Connected Histories, a portal with sources for British history between 1500 and 1900. The York Cause Papers are according to this website freely accessible, but the restriction on the images is noted in the main text. London Lives, too, is a part of Connecting Histories, as are the Proceedings of the Old Bailey 1674-1913. By chance I misremembered the title of this gateway and thus found the website Connecting Histories, an educational project on the history of Birmingham.

Connected Histories gives also more information about British Newspapers 1600-1900. This project consisted of two subprojects at the British Library of which we already met the first. The other project concerned the digitization of newspapers from the seventeenth and eighteenth century in the Burney Collection.

In the project Nineteenth-Century Serials Edition (NSCE) of Kings’ College London, the British Library and other institutions you can consult freely six English periodicals from the nineteenth century, which will help somewhat to redress the balance between subscribers’ only and freely accessible digital newspaper archives in the United Kingdom, as do the six journals digitized by the Bodleian Library, Oxford. The links and projects selection at NCSE is particular useful. The project Science in the Nineteenth-Century Periodical helps you to find views on science in a large number of general periodicals from Victorian England. For both newspapers and periodicals the Waterloo Directory to British Newspapers and Periodicals 1800-1900 offers online guidance.

A page of the Dutch Startpagina web directory is concerned with historical newspapers and gives an overview of online newspaper archives from many countries. Most of the British examples mentioned here figure in this overview, and these from also a section on a similar page of this directory about current British newspapers.

Dutch historic newspapers

Getting access to digitized old Dutch newspapers is in all cases I have seen until now a free service. Current newspapers do charge a fee for full access to the digital version and to their archives, but older editions are available for free at an increasing number of special websites. The largest project is an initiative at the Dutch Royal Library, Historische Kranten. Here appears gradually a large selection of national, regional and local newspapers from 1618 to 1995. At this moment you will find already a number of seventeenth and eighteenth century newspapers, and much more from later times until 1945. For some national newspapers the regional editions, too, have been digitized, mainly the issues during the Second World War. The Royal Library give a useful overview of major initiatives in countries such as Belgium, France, Austria, Australia and the United States, and a selection of Dutch regional projects. For Dutch colonial history one has to single out the Indonesian Newspapers Project at the Dutch Institute for War, Holocaust and Genocide Studies for the digitization of newspapers in Malayan from the former Dutch Indies.

Dutch regional and local newspapers are being digitized by a number of archives. This approach is completely absent in the United Kingdom. You must forgive me not to include here a full list of digitized newspapers because the number is very large. The overview of digitized historical newspapers at Startpagina puts Dutch newspapers in order by province. The Gazette de Leyde made available at the French website Gazettes européennes du 18e siècle is by mistake listed as the “Leiden Staatsblad”, but this gazette was not an official publication. Newspapers from the Second World War are mentioned separately, and there is even a list of not yet digitized newspapers. The reference to the Oprechte Haerlemse Courant is to a website concerned with the announcements in this seventeenth-century newspaper which refer often to the Dutch book trade.

A few examples: the archives in Utrecht have for example digitized the Utrechtsch Nieuwsblad for the years 1893 until 1897. You can view in detail the pages of this newspaper, but you cannot download them due to an agreement with its publishers. For Leiden the Digitaal Krantenarchief of the Regional Archives Leiden gives you access to twelve newspapers, including the local version of the national newspaper Trouw and the short-lived Zuidhollandsch Dagblad. The Leidsche Courant (1720-1890 and from 1909 onwards) and the Leidsch Dagblad (1860-) do refer of course very often to Leyden University. I found even notices celebrating the anniversaries of doctoral degrees.

The value of old newspapers and the costs of historic culture

Is the current debate about the costs of digitization really the debate it should be? Is it sensible to restrict it to matters like the role of subventions by the government to relevant projects, the wish to establish national cultural institutions as independent players in the culture market with a duty to find their own sponsors and sources for income? Is it perhaps also a debate which you cannot restrict to claims for free access to the national and international cultural heritage at one end of the spectrum, and at the other end claims on property rights to digital images created by photographers and media departments? In my view this issue raises also questions about the freedom to get information from the government and governmental institutions. Which values do we cherish when we talk about history or cultural heritage? Who are to benefit from digitization projects, be it fur current official information and digital records management for administrative purposes or for historic records: the general public, the exasperated taxpayers with their respective national nicknames, children receiving education, scholars doing research?

The British Library tries to give its British Newspapers project a new lifespan with the British Newspaper Archive. I cannot help noticing that this same library has belatedly made available online in open access a fair number of its priceless manuscripts, but asks a price for old issues of a medium of which the proverb says that today’s newspaper will serve next day to pack fish and eggs. Historic newspapers offer a fascinating perspective on views, opinions and blind spots, and shows both the conventional and the seemingly irregular. What once seemed ephemeral can become invaluable for the historian, and for anyone wishing to understand humans and their lives in past centuries. My hat tip for giving on December 23, 2011, a very early and extensive notice about the British Newspaper Archive goes to the website of an Italian encyclopedia.

A postscript

In this post I made a short remark about the presence of images at the website for the York Cause Papers. Images are now indeed being added to the cases in the database. Until now I saw only images for cases from the sixteenth century. Here open access has got the upper hand.

When revisiting the digital newspaper archive of the Regional Archives Leiden (RAL) it came to my notice that this project has a conflict with an organization representing the rights of authors. In September 2011 the RAL decided to remove newspapers printed from 1941 onwards as a perhaps all too submissive precautionary action. I had yet not been aware of this conflict, because in early January I could check newspapers after 1945.