Category Archives: General

The dog, the cat and the mouse: animals and legal history

Monkeys playing slaves - sculpture in wood - source: Kommissio für das Deutsche Rechtswörterbuch, Heidelberg

Man and animals live together since the domestication of a number of animals many thousand years ago. Through the ages they often got along quite well, but sometimes man needed the law to deal with the unexpected behaviour of animals. The company and companionship between women, men and animals is not completely harmless or effortless. Relationships ranged and range today from animal worship and sometimes almost human care for pets at one end to harsh treatment as mere objects and outright systematic cruelty, serving mankind in the end as food, provider of skins, cruel entertainment and other goals.

In a conference on Das Tier in der Rechtsgeschichte [Animals in legal history] at Heidelberg from April 2 to 4, 2014, legal historians and other scholars will discuss several aspects of animal and human life and the interaction between them. The program of the conference at Heidelberg has been created in cooperation with the commission for the Deutsches Rechtswörterbuch. In this post I will look at some aspects of the interaction between animal history and legal history. This is an occasion, too, to look at the Deutsches Rechtswörterbuch, one of the typical German dictionary projects.

Of man and beasts

Animals are no aliens in legal history. Especially in German legal history animals come into view already early. I invite you to look for example at images from medieval bestiaries in Bestiaire du Moyen Âge, a virtual exhibition of the Bibliothèque nationale de France (interface French, English and Spanish), They are portrayed in various ways in the famous illuminated manuscripts of Eike von Repgow’s Sachsenspiegel. In April Dietlinde Munzel-Everling will discuss the animals in the Sachsenspiegel. Jacob Grimm, one of the pioneers of German academic legal history did not only study and publish versions of the medieval animal epic about the fox Renard in his Reinhart Fuchs (Berlin 1834). In an earlier post here I looked in more depth at the various versions of this much liked medieval story. His explanation of German words in his Deutsche Grammatik (first edition Göttingen 1819) often included historical explanations. The word vogelfrei, meaning literally and originally “free as a bird”, was in the context of exiled people and victims of execution who were denied a funeral narrowed to “delivered to the birds”. No doubt Grimm will figure in the contribution of Michael Frosser-Schell on animals in his edition of the Weisthümer (6 vol., Göttingen 1840-1878).

At the conference in Heidelberg a physician and a theologian will help looking at animals and legal history from different academic disciplines. Wolfgang Eckhart will look at relations between humans and animals from a cultural and medieval perspective. Martin Jung will look at animals in early French protestant theology. Apart from a section on animals in some selected legal sources the conference has sections on animals in public and private law, both in towns and rural areas, animals and their roles in criminal law, animals and law in art and language, and finally a section looking at animals in Spanish law (Marita Giménes-Candela) and animals in the German and French Enlightenment (Ulrich Kronauer). In this last contribution the change in views about the maltreatment of animals will be discussed.

Legal procedure is a subject in the contribution of Inge Kroppenberg about the damnatio ad bestias in Roman law. Peter Dinzelbacher, too, will look at Tierprozesse, criminal procedures against animals. The hanging of dogs is the theme of Stephan Meder’s contribution. Hopefully they pay due respect to the classic study The criminal prosecution and capital punishment of animals by Edward Payson Evans (London 1906; reprint London 1987), but follow also the example of historians such as Esther Cohen to look beyond cases to their context and to patterns of argumentation. For studies about animal behavior and views about animals it is worth looking at the Animal Studies Bibliography created at Michigan State University. The College of Law at this university is home to the Animal Legal & Historical Center where you can conveniently search for specific historical cases and subjects, broader themes and jurisdictions.

Animals, law, history and the German language

Logo Deutsches Rechtswörterbuch

In the second part of this post the Deutsches Rechtswörterbuch (DRW) takes pride of place. German scholars have a fine tradition of creating and editing dictionaries, with without any doubt the Deutsches Wörterbuch started by Wilhelm and Jacob Grimm as one of its major feats. The long time it takes to create such dictionaries is almost proverbial for the tenacity of German scholarship. A second association with these enterprises are the efforts of the various German learned academies. Not only academies with a budget for these projects, but also scholarly teams have the courage to start them, for example the team of 400 scholars behind the second edition of the Handwörterbuch zur deutschen Rechtsgeschichte (HRG). The online version of the HRG gives you free access to the list of entries and keywords, some examples and to excerpts of the other articles. Paid subscription is necessary for full access to the complete online version, but you can buy PDF’s of separate articles.

The project for the DRW was started in 1897 by the Prussian Academy of Sciences. Since 1959 the Heidelberger Akademie der Wissenschaften leads and finances the project. This academy supports also the Dictionnaire Étymologique de l’Ancien Français. The idea for a dictionary of the German legal language comes from the philosopher Gottfried Wilhelm Leibniz. On the website of the DRW you can view the original printed version, a digital version and a summary of each article. The DRW has now reached the word Schulbuch. The website of the DRW contains an introduction in English and French to facilitate its use. For the DRW a great number of sources from Germany and elsewhere for example from the Netherlands, has been digitized on a separate website, where you can search in specific sources; you can check this overview with a list of the digitized titles. A list with externally digitized relevant sources counts some 1,300 titles. The DRW has a special text archive for full text searches. Thanks to scholars such as Grimm the scope of the DRW is not just the legal language of Germany, the former Holy Roman Empire. Grimm wanted it to cover all languages of the Western Germanic language family. Thus Old English, Anglo-Saxon, Old and Middle Dutch, Old Frisian and even Lombardic, and the several medieval phases of the German language are included.

As with any dictionary created over a long time span the early parts of the DRW are not as rich as later volumes. The first volume appeared in 1914. The presence of digitized resources helps you to extend the examples adduced for early and later articles of the DRW. Let’s look for example at the cat (Katze) (DRW VII, col. 563-564). The cat figures gruesomely in a punishment dating from the Early Modern period in which someone was to be put into a sack with some living animals, among them a cat. The Katze was also the nickname of a punishment or a prison. The DRW links directly to other general German dictionaries, and indicated further textual sources, where you can even exclude certain word forms. Interestingly the ten additional textual examples from digitized sources for the cat stem all from Old Frisian law, mainly from the Westerlauwersches Recht, W.J. Buma (ed.) (Góttingen 1977). Here the cat is one of the animals which when they cause damages oblige their owner to pay only a part of the normal sum of money to be paid as a fine. The cat gave its name also to a number of following entries in the DRW which you might look up yourself.

I owe you here information about the other animals figuring in the title of my post. The mouse (Maus) is only very rarely mentioned in a legal context (DRW IX, col. 380). In fact the evidence from a trial according to canon law Tirol around 1520 given by the DRW has already been printed by Evans (p. 259-260) in Appendix A of his study from a German almanac for 1843. As a Dutchman I can dream of a case of mice invading a room with Dutch cheese! Combining cats and dogs in the title of this post was seducing, but I could have guessed easily that a dog (Hund) would only for its literal sense take very much space in the DRW (VII, col. 53-61). However, the hunting dog (Jagdhund) has an entry for itself (DRW VI, col. 356-357), with additional entries for such subjects as the servant dealing with hunting dogs. I could not help smiling at the wonderful long compound German word for the very brief separate entry concerning the costs of the care for a hunting dog, Jagdhundverpflegungskosten.

Mistaking the scope of dictionaries

Even if you can detect limits to the range and quality of the Deutsches Rechtswörterbuch you should remember that most languages do not have any kind of legal-historical dictionary worthy of a comparison with the DRW. Many people in my country complain about the largest dictionary – nicknamed the Dikke Van Dale [The Fat Dictionary] – it does not explain everything like an encyclopedia. They would be baffled by the Woordenboek der Nederlandsche Taal (WNT) which looks very much like an encyclopedia of the Dutch language from 1500 to roughly 1925. Its sheer size makes it the largest existing dictionary of any language. You will forgive me this paragraph when I tell you on this website you can even find words from the Lex Salica using the combined search mode of the WNT with dictionaries for Old Dutch and Middle Dutch. A dictionary of the Frisian language is also present on this website. Verily the DRW is not an encyclopedia, and also not a lexicon of juridical constructions and concepts, for which you can turn to the HRG.

I would have liked to comment on the image with the chained apes, presumably a wooden sculpture somewhere in Germany, but I have not yet found more information about it. At the end of this post I would like to turn from history to the present, For a dictionary of current legal German you can consult online for example the Rechtswörterbuch, which brings you also to current German laws and legal study books. Animals in contemporary German law are the subject on the website of the foundation Tier im Recht. When I looked at this website with a poodle staring at you Germans will remember Goethe’s words in Faust about the heart of the matter, des Pudels Kern. In my opinion the various ways we looked and look at, dealt and deal with animals can say much about our attitude towards people, life and nature. The story of animals and animal law is not to be detached from human history, because it tells us about both the bright and darker sides of human life, our views of culture and society, its order and limits.

 

In search of the true history of the Templars

Poster Templars conference, MGHAfter four years of blogging it is truly time to bring in one of these subjects of medieval history that inevitable turn up in conversation about the Middle Ages. The rise and fall of the military order of the Templars was already a spectacular theme before bestseller authors as Dan Brown came along to give them yet another dimension. The Dutch twist in this post is surely Dan Brown’s recent visit to my country! In Munich the Monumenta Germaniae Historica, since nearly two centuries most active in editing sources on Germany’s medieval history, will host from February 24 to 27, 2014 an international conference with the title The Templars, their sources and their competitors (1119-1314). An addition in German to this title, Die Templer (1119-1314). Bilanz und Perspektiven der Forschung, underlines the need for a balanced view and multiple perspectives in researching the history of the Templars. The program of the Munich conference is impressive. In this post I will not try to do things better than the scholars presenting their work in Munich, and restrict myself to pointing out for you some online resources concerning the Templars. By the way, the MGH published recently a book by William J. Courtenay and Karl Ubl, Gelehrte Gutachten und königliche Politik im Templerprozeß (Hannover 2010; MGH Studien und Texte, 55) on learned medieval opinions concerning the Templars written at the university of Paris for the French king.

Balance and perspectives

For some reason we tend to think of the Templars as a French organization, and thus my eyes, too, looked first in the direction of France. In the ARCHIM database of the Archives nationales with digitized sources a whole section has been devoted to the trial of the Templars. In the fonds “Trésor des chartes” the numbers J 413 to J 417 stem from this trial. The great French historian Jules Michelet edited some of these sources in his Procès des templiers (2 vol., Paris 1841-1851; reprint 2 vol., Paris 1987; online for example in the Internet Archive, the Hathi Trust Digital Library (direct link), and in the Digitale Sammlungen at Munich). The ARCHIM database presents in this section the following documents:

  • J 413, no. 18: the procès-verbal of the interrogation held at Paris from October 19 to November 24, 1307 – 44 parchments forming a roll with a length of 22 meter; among the Templars interrogated was Jacques de Molay (around 1245-1314), the grand-maître of the order – this document was published in the second volume of Michelets study
  • J 413, no. 20: a procès-verbal of the interrogation of thirteen templars from the bailliage of Caen (Normandy) by four Dominican friars from Caen and two royal commissioners; October 28 and 29, 1307 – 1 charter
  • J 413, no. 22: an authorized copy (vidimus) of the official royal order for the arrest of Templars in September 1307 in the bailliage of Rouen (Normandy), the official accusations, and the order of Guillaume de Paris, the grand-inquisitor of France for the inquisitors at Toulouse and Carcassonne to proceed against the Templars – September 14 and 22, 1307; the accusations are not dated; official copy October 21, 1307 – edited by Georges Lizerand, Le dossier de l’affaire des templiers (Paris 1923, reprint Paris 2007), document no. II, p. 16-29.
  • J 413, no. 23: the procès-verbal of the interrogation of five Templars from Saint-Étienne de Renneville (now département Eure) and two Templars from Sainte-Vaubourg (now département Seine-Maritime); October 18, 1307 – 1 charter
  • J 413, no. 29: an inventory of goods and men belong to the bailliage of Rouen of the Templars; October 13, 1307 – 6 charters – the goods and houses were located in the modern départment Calvados

The Archives Nationales held in 2011 an exhibition on the Templars affair. In the accompanying leaflet L’affaire des Templiers: du procès au mythe they showed an interesting selection of manuscripts, with also a concise bibliography on the trial of the Templars, its impact and afterlife. When I first mentioned here – in 2011 and in particular in 2012 – these documents digitized at ARCHIM I overlooked an important element of the notices, the fact that you can click on the mots clés , the keywords, to get more results. Clicking on the keyword Temple brings you forty results. To my surprise apart from the five documents already encountered here just one of them has anything to do with the Templars. It seems that the labeling here is not as perfect as you would like it to be. At first the only additional document seemed to be AE/II/213, an act of the clergy in the diocese Bourges dated April 19, 1308 sending deputies to the assembly of the French États Généraux convoked by the French king Philippe IV le Bel. However, among the mots clés added to this document are Ordre du Templetemplier and procès des Templiers. This helped me tracing three further digitized documents in the AE/II series kept at the Musée de l’histoire de France in Paris, one of the institutions under the aegis of the Archives nationales:

  • AE/II/146: a confirmation of a gift to the Templars by Guillaume, chatelain of Saint-Omer, of two churches in Flanders, in Slype and Leffinge; Jerusalem, 1137 – 1 charter – edited by André d’Albon, Cartulaire général de l’ordre du Temple , 1119?-1150 (Paris 1922; reprint Madrid 2010) no. 141, p. 99 – online at Gallica)
  • AE/II/311: interrogation of Templars in the sénéchaussée of Carcassonne; November 13, 1307 – notices on paper, 13 pages
  • AE/II/1634: the papal bull of pope Clemens V attributing to the Knights Hospitaller of St. John all goods of the Templars; May 2, 1312 -1 charter

Another series at the Archives nationales contains three digitized registers with information about the Templars:

  • JJ/35: Convocations, mandements and commissions issued by king Philippe le Bel, 1302-1305, mainly concerning the wars in Flanders; on fol. 114r-115v two acts about the redemption of goods belonging to the Cistercians and the Templars, 1304
  • JJ/36: a copy of register JJ/35 with additional material; the two acts from 1304 are here at fol. 91r-91v
  • JJ/43: Register of royal acts concerning Flanders, the Templars (fol. 45r-52v), the papacy (fol. 37r-44v) and money; 1305-1314

Of course more can be found in the various archival collections of the Archives nationales. You can search online in many inventories in the Salle des inventaires and in a second section with other inventories. Royal charters from the reign of Philip IV the Fair mentioning the Temple can be searched online in the Actes royaux database of the Institut de Recherche et d’Histoire des Textes in Paris with summaries (regestes)57 charters of the 4,900 charters in this database mention the Temple. They show very clearly the pivotal financial role of the Templars for the king. No. 2864 is the act about the Temple in JJ/35 (no. 203). The edition in the Corpus philippicum of the 6,000 royal charters issued between 1285 and 1314 has not yet been completed.

Is there a quicker way to find these digitized resources at the Archives nationales? Only as a second thought I used the search engine at the French cultural heritage portal Culture to look for the Templars. It surprised me indeed that I could quickly filter from the many thousand results those from for the reign of king Philipp the Fair, and arrive immediately at nine items digitized by the Archives nationales. In this post I mention twelve digitized items, and thus it seems the three items from the AE/II series at the Musée de l’histoire de France are not yet harvested by the search engine at Culture. In the ARCHIM database is a separate sections for the Grands documents de l’histoire de France where the three AE series appear online.

French regional archives

Outside the buildings of the Archives nationales at Pierrefitte-sur-Seine, Paris and Fontainebleau other French archives also have records touching upon the Templars. Viewing the sheer number of regional archives – only few French towns have a municipal archive – you might consider it an impossible task to find these records. At the international portal e-Corpus based at Arles, however, you can benefit immensely from the research done to build a Bibliothèque virtuelle des Templiers – MILITES TEMPLI. In this virtual library you find extensive information on the Templar records kept in the fonds of the Grand-Prieure de Saint Gilles of the Hospitaller Knights of St. John at the Archives départementales des Bouches-des-Rhône at Marseille. With the goods of the Templars their archival records, too, came to this military order. The second part of the virtual Templars’ library are the notices assembled by Bruno Marty from the catalogues of French regional archives about their archival records for the Templars. You can view the relevant digitized pages. Marty gives a very useful overview written in 2005 of archival records in the Provence and also elsewhere, and an extensive bibliography concerning the Templars (PDF, 44 p.). The digital collection at e-Corpus for the Templars contains four digitized historical documents, among them in particular the “Authenticum Domus Militiae Templi sancti Aegidii”, a register with documents from 1139 to 1259 from Saint-Gilles-du-Gard of which the original at Arles, Archives municipales, GG 90, has been digitized. More information about e-Corpus can be found on a blog at Hypotheses. At the time of finishing this post I could not reach the e-Corpus portal to check again and give you more details. Many sources for the Grand-Prieure of Saint-Gilles are kept at Marseilles in the Archives départementales des Bouches-du-Rhône. You can search the inventories of the various fonds online.

The Patrimoine numérique portal to digitized French cultural collections can bring you to at least four collections concerning the Templars. We have met here already the AE/II series at the Musée de l’histoire de France. Due to a broken link could not reach at first the eighteenth-century Atlas du Petit et du Grand Saint-Jean (ADH, 55 H 3) kept at the Archives départementales d’Hérault in Pierresvives, a register with maps of possessions of the commanderie of Montpellier. At Puy-en-Velay the Archives départementales de la Haute-Loire keep a register from the seventeenth century of the Commanderie de Chantoin. The sources said to be digitized, including charters of the Templars at Larzac, are unfortunately untraceable at the website of the Archives départementales d’Aveyron in Rodez.

A multitude of books and resources

Sofar I have already a few times indicated online versions of books and editions. It is quite a feat to trace those scholarly books still worth using between all kind of other publications. Some of them can be found conveniently in L’histoire des moines, chanoines et religieux au Moyen Âge edited by André Vauchez and Cécile Gaby (Turnhout 2003), a volume of the French series L’atélier du médiéviste, Laurent Dailliez published a Bibliographie du Temple (Paris 1972) in which he followed earlier attempts by Périme Dessubre (1928) and Heinrich Neu (1965). Alain Demurger’s Vie et mort de l’ordre du Temple (third ed., Paris 1994) has a bibliographic supplement. The French guide to the history of religious orders mentions editions of the rule and statutes of the Templars and relevant studies about them. Surely the most publicized new edition was that of the Chinon document in 2008 [Barbara Frale et alii (eds.), Processus contra Templarios (Città del Vaticano, 2008)] and some accompanying documents kept at the Archivio Segreto del Vaticano [A.A. Arm. D 208-210, 211, 217(A), and Reg. Aven. 48]. These documents show that the investigation held between August 17 and 20, 1308 at the castle of Chinon led to the absolution by the pope of Jacques de Molay and the pope’s clear intent to rehabilitate the Templars. In 2011 Nathan Dorn told the story of the Chinon document in a fine blog post at In Custodia Legis.

A quick way to discern the scholarly quality of publications about the Templars is their presence in the online literature catalogue for medieval history of the Regesta Imperii at Mainz. Needless to say that you will eventually have to use other bibliographical resources, too, but this catalogue is most helpful. If you have found for example a digitized book in the Hathi Trust Digital Library you can easily check for it in this catalogue. The Online Medieval Sources Bibliography can help you to find more recent printed and online versions of editions and translations; for the Templars you need to choose the subject “Military orders”.

One of the serious digitized modern books about the Templars is the study by Alan J. Forey, Templars in the Corona de Aragón (Oxford 1973), online at LIBRO, the Library of Iberian Resources Online hosted by the University of Central Arkansas. Forey’s book has a very valuable section on manuscript resources in Spain. Last year I published a post about Aragon with a long paragraph about the Archivo de la Corona d’Aragón (ACA) in Barcelona. The ACA is home to many archival collections (fondos documentales) which are listed rather summarily but useful in a 25-page leaflet.

Forey mentions at p. 457 registro ACA, Real Cancilleria, 291 of the 343 (!) registers from the reign of king Jaime II concerning the trial of the Templars [Jaime II. Varia 5. Processus contra magistrum militesque Milicie Templi]. This register with more than 700 pages can now be searched online at the Spanish PARES archive portal. On the PARES search screen you select the ACA from a drop down list and you can start navigating through a tree structure - admittedly a bit cumbersome – to the fondos and items within them. At PARES the actual register 291 starts at fol. 22r. You can enlarge the pages of this document very much, but the quality of the images remains less than you would want it to be. Of course much more can be found in the ACA. In the Actes royaux database I found a notice (no. 3372) about a letter of king Philip the Fair to Jaime II of Aragón, written on October 26, 1307, about the interrogation of Jacques de Molay the day before. The letter is kept at the ACA, Templarios 39, and the notice has a reference to a copy of this interrogation held at the ACA [Real Cancilleria, Pergaminos 2481]. At the ACA, too, you will find records of the Templars within the fondo of the Hospitaller Knights of St. John, the Gran Priorado de Catalunya. Forey has written also about the fall of the Templars in Aragon [The fall of the Templars in the Crown of Aragon (Aldershot, etc., 2001)].

Myths and history

Were the Templars heretics? What were the motives of the French king to act against them? Doing research on the Templars bristles with a lot of questions for which I prefer to put aside the novels of famous authors. I promised to make this post not too long. Websites do not bring everything. I have kept on purpose a safe distance from specialized websites on the history of the Templars, because it is often very difficult to ascertain the quality of the information presented on them. A second reason is simply the lack of space in a single post! There is nothing against using printed studies, editions and translations. English readers can turn with confidence to the classic account by Malcolm Barber, The trial of the Templars (Cambridge, etc., 1978; often reprinted), and to the selection of translated documents edited by Malcolm Barber and Keith Bate, The Templars. Selected sources (Manchester, etc., 2002). The collection of scholarly articles edited by Jochen Burgtorf, Paul Crawford and Helen J. Nicholson, The debate on the trial of the Templars (1307-1314) (Aldershot, 2010) will give you a recent impression of the various subjects facing scholars. Duch readers might start with Jan Hosten’s book De tempeliers : de tempelorde tijdens de kruistochten en in de Lage Landen (Amsterdam 2006) or Krijgers voor God : de orde van de tempeliers in de Lage Landen (1120-1312) by Michel Nuyttens (Leuven 2007). In this post I aimed simply at drawing your attention to some online resources which bring you to the original documents. I hope to have made you curious about the true history of the Templars which involves more than only the spectacular events between 1307 and 1314.

A postscript on manuscripts

By focusing on archival records in this post you would almost forget that manuscripts, too, are a very important source for our knowledge of the Templars. I will offer here a nutshell guide to French (digitized) manuscripts. The manuscripts catalogue of the Bibliothèque nationale de France and the Catalogue collectif de France, with its section for manuscripts, should provide a starting point. In two posts from 2011 on doing research for legal history in Paris and a post on French customary law – with a focus on Normandy – you can find more on manuscripts in some French libraries. You can tune the CCFr to show digitized manuscripts; among them is Paris, BnF, ms. français 1977Le règle dou Temple, written between 1301 and 1325. The portal Biblissima gives you further guidance to projects around medieval and Renaissance manuscripts in France. The Ménestrel portal for medieval studies, too, has a nice overview of French manuscript digitization projects. The project Bibliothèque Virtuelle des Manuscrits Médiévaux of the IRHT has no search function for content, but otherwise you can find here many digitized manuscripts. Relevant cartularies and editions of them can be found using the online Répertoire des cartulaires médiévaux et modernes with for instance much on the Templars’ cartulary of Saint-Gilles; charters and cartularies were in 2010 the subject of another post here.

More on e-Corpus

A few days after the publication of this post the French portal e-Corpus was again fully visible. Apart from the virtual library about the Templars there are among the 27 virtual collections at e-Corpus digitized books about old Provencal law (Aix-en-Provence), books on (Arabic) codicology from the Centre de Conservation du Livre in Arles, the main institution behind the portal, and digitized books on Islamic law (Marseille). The portal can be viewed in seven languages, including Arabic. Apart from the collections accessible at e-Corpus the organization supports some twenty other websites, with much attention to digitization projects for manuscripts.

On revisiting e-Corpus and the virtual Templars’ library I also found a link to the very sophisticated online version at the Université d’Avignon of Guillaume Mollat’s critical edition of Étienne Baluze, Vitae paparum avenionensium [1693] (4 vol., Paris 1914-1928). It is most interesting to read Baluze’s view of the trial of the Templars. As few others in his time Baluze (1630-1718) was equipped to look deep into the legal matters of medieval history.

Pronouncing the city’s law: aldermen as judges

In pre-modern European cities the aldermen were not just members of a city council charged with deciding on city policies. Creating and maintaining policy in the more pregnant sense of daily law and order was one of their prime tasks. In many cities a number of aldermen sat regularly as the city’s judges. In the past years a number of archives has created online databases to search for cases and verdicts in the records of aldermen. Outside the cities schepenen functioned within regional and manorial jurisdictions. We will meet some of them here, too. This post aims at showing you a wide variety of online search possibilities and presentations. The main focus of my post are aldermen in the Low Countries, called schepenen or in French-speaking regions échevins, I will look at seven projects. The Netherlands and Belgium will bring most of the examples adduced here, but I am sure elsewhere more can be found that would merit as much attention as the cities mentioned here.

Pronouncing the law

Curiosity to find out about recent projects for the digitization of the records of medieval and Early Modern aldermen was my first reason to starting looking for online databases and other projects. I was surprised I did not encounter quickly somewhere a list of relevant projects, or at least some links to similar projects at the websites with a particular database. Unfortunately this might suggest such projects are developed in at least relative isolation, or in the worst cases in splendid ignorance or with complete disregard of similar efforts.

The first project I would like to present concerns the records of a number of villages situated in the very heart of the Rhine and Meuse estuary. The schepenen conveyed at Tuil, the village most to the west of the contemporary province Gelderland, now a part of the municipality Neerijnen. Tuil gives the project its name, De Hoge Bank van Tuil, “The High Court of Tuil”. Nowadays we say in Dutch parlance these villages are positioned in the Rivierenland, the Rivers’ Country. Geographically it is more sensible to say they are situated in the Tielerwaard, “The March of Tiel”, between the cities of Tiel and Gorinchem.

The website for the Hoge Bank van Tuil is a project of three historians, Peter van Maanen, Gijsbert van Ton and Marco Schelling. It presents transcriptions of some 1,300 records from 1335 to 1525, from 1631 to 1637, and a number of scattered records yet to be integrated. The team has used records from several archives and printed editions. For some records the transcriptions are accompanied by images of the documents. This project aims at a reconstruction of the activities of this high court by combining data from a large variety of resources. As for now the records are not yet part of a searchable database, but they can be searched with the normal web browser search function. It is one thing to bring these materials together, but the material still needs editing before it can become the contents of a database. Exactly the preparation of this step is probably the main hindrance to tackle for further research in these regional records. Consultation with for example the Gelders Archief in Arnhem, the Regionaal Archief Rivierenland, Tiel, and the Regionaal Archief Gorinchem will surely be most helpful to start preparing a new phase for this project.

The very beginning

The Hoge Bank van Tuil came first in my post because it presents in a nutshell a number of very real questions and problems you face when you start with a project for the digitization of the records of aldermen. What period do you choose? Do you aim at a full reconstruction of archival records concerning a particular institution or jurisdiction, in this case a schepenbank? Do you restrict yourself to the records from one resource, be it records kept at an archive or records surviving sometimes only in print? Do you prepare from the start onwards for the creation of an online database, or would you like to stick with simple web pages? Sometimes you have to wait for the creation of proper archival guides and finding aids before even contemplating a project… Cities and their archival services often choose themselves for the digitization of judicial records. In the case of the Hoge Bank van Tuil three researchers decided to combine efforts for their project.

Logo Scabinatus

The project that prompted me to write about digitized verdicts of aldermen is concerned with verdicts of the échevins in Liège. The website Scabinatus 4000 was launched last autumn by the Université de Liège. The actual database contains acts from the vast series of scabinal registers kept at the Archives de l’État in Liège dating from 1409 until 1797. Some 1,750 (!) registers exist with each around 400 pages, good for some 750 acts. The registers 1 to 67 could be searched online already at a website of the Belgian National Archives, but this website with registers for the period 1409 to 1510 was last updated in 2007.

On the new Scabinatus website the registers 68 to 153 have been added, reaching now 1558. You can search for particular registers, a particular kind of acts (e.g. approbation, arbitrage, wills and witness statements), toponyms, a particular date or period, the kind of goods at stake, names, professions and social status. The website of the National Archives offered drop down lists for the kind of acts and the kind of goods. The scale of this project is clearly staggering. The functionality of the search screen is very detailed, and you are thus able to conduct all kind of searches. Comparisons in activities over long periods become here possible and fairly reliable. However, this database does not offer the complete text of acts, but only a summary with a lot of details. You will need to view the original registers for further research. This project has clear limits in time and resources which seems understandable in view of the sheer number of records to be processed.

New roads to the records of aldermen

Logo Itinera Nova

At Louvain (Leuven) the municipal record-office has combined forces with a German partner, the Universität Köln, for its joint project Itinera Nova. The city of Louvain can boast a series of 1128 scabinal registers from 1362 to 1795. The project started in 2009, and more than one million pages will be transcribed by volunteers. 255 registers are now available online, mainly for the periods 1362-1460 and 1550-1590. Knowing the difficulties sixteenth-century handwriting can pose it becomes very interesting which role the transcribing software MONK, a tool created at the university of Groningen, has played here. The MONK website presents extensive word samples from the Louvain registers. The Itinera Nova project in cooperation with the department at Cologne for Historisch-Kulturwissenschaftliche Informationsverarbeitung involves crowd-sourcing. An online tutorial helps volunteers to start transcribing pages with a basic knowledge of palaeography. On April 25 and 26, 2013, Louvain hosted an international congress with the title Itinera Nova: Tools, People & History, The blog De Digitale Archivaris [The Digital Archivist] published a series of posts in Dutch about this congress. The website of Itinera Nova can be viewed in Dutch, English and French. You can browse at will and conduct general searches, and there is an advanced search option with drop down menus. You can also restrict a search to a particular register or period. From the transcriptions you can go directly to images of the original register. Registered users can get access to the annotation screen.

One of the major assets is a search interface for annotations. Compared to the project for Liège the texts of the records seems to be the focus and very heart of the project at Louvain. The Scabinatus project allows much more the serial analysis of similar acts, but the website does not bring you to the actual records, images or transcriptions. The approach for Liège seems to have been determined by scholars, the approach at Louvain is much closer to the general public. The schepenen of Louvain served as a court of appeal for other cities following the rule of hoofdvaart. Later in this post we will meet Den Bosch, one of the cities which went to Louvain for this purpose.

Dutch projects

For those readers waiting for a regular element of my blog, commonly known as the Dutch view, I will discuss next some Dutch projects. In March 2013 the Regionaal Archief Tilburg launched the Charterbanka charter database, the result of the combined efforts of archivists and visitors of the regional archive working together in a crowdsourcing community with its own website. The Charterbank contains some 450 medieval charters mainly issued by local schepenen from Tilburg and surrounding places. The search interface has fields for place, date, record number, inventory number, and persons adding their seal. In the result view you can enjoy images of the document, read the transcription in a rather small column, consult information about the seal or seals when present, and check for relevant literature and comments. This project focuses on the late Middle Ages and Early Modern period with a regional approach. Charters until 1312 from Noord-Brabant can be found online in the Digitaal Oorkondeboek van Noord-Brabant.

At ‘s-Hertogenbosch (Bois-le-Duc), commonly called Den Bosch, the regional record office, with as its current name Brabants Historisch Infomatiecentrum, has created an online database with records created by both schepenen and notaries in small towns and villages in the present-day province Noord-Brabant. With some 180,000 records the harvest seems at first rich, but only in a few cases you can study a long period, mainly for Lith and Veghel. Resolutions of the Dutch Supreme Council for Brabant, the Raad van State in The Hague, from 1629 onwards, are also present in this database. In my view they constitute a very important source, but they are in a different class, even if they deal with the villages and towns of Brabant. The Dutch description of the database emphasises the possibility to search for persons in these records. Online projects with a genealogical approach flourish at this regional record office, and I could trace many of my own ancestors using the results of these efforts, but for dealing in real depth with other records this approach is narrow. Scans of many records are available, but you will encounter many items which surely touch upon history and legal history but do not strictly concern the activities of aldermen. The useful overview of processed records and items bears witness to the wide range of records deemed fit for inclusion. However, the word genealogie (genealogy) in its URL seemed at first telling. By choosing in the left-hand menu Gescande bronnen (“Scanned resources”) you can already search directly in a number of digitized registers of schepenen, by selecting the schepenprotocollen.

Very much city centered are the efforts at the Stadsarchief Den Bosch for the analysis of and access to the series of aldermen’s charters and registers starting with the famous Bosch’ Schepenprotocol. In this massive series running from 1360 to 1811 the schepenen of Den Bosch dealt with matters concerning voluntary jurisdiction, passing acts on the purchase and sales of real estate, probate inventories, acts concerning guardianship, etc. I must strike a harsh note: to my surprise there is here no online database. The information for a database concerning the criminal jurisdiction has been assembled in the project Dataschurk (“Data Villain”). You can download all relevant inventories, an inventory of criminal dossiers and summaries of the dossiers themselves, and there are indexes on record number and name.

Decades of painstaking research have resulted in a rich harvest of materials. The Bosch’ Schepenprotocol itself can be consulted on microfiches. It will certainly take courage to create a workable database which brings all information together and makes them accessible in a most reliable way. Luckily archivist Geertrui van Synghel can guide your research with her guide Het Bosch’ Protocol: een praktische handleiding (‘s-Hertogenbosch 1993), and her study “Actum in camera scriptorum oppidi de Buscoducis”: de stedelijke secretarie van ‘s-Hertogenbosch tot ca. 1450 (Ph.D. thesis Leiden 2006; Hilversum 2007) with a cd-rom containing 5735 scabinal charters and acts written by the city’s secretaries until 1450. The Bosch’ Schepenprotocol transcends the city borders with the letters of surety enabling the confinement of psychiatric patients, even at institutions as far away as Liège. In his comment Christian van der Ven (Den Bosch, BHIC) announces that preparations for a digital version of the Bosch’ Schepenprotocol are in a final phase.

Making choices about periods and subjects

Logo Stadsarchief Amsterdam

Last week The Guardian included the city archives of Amsterdam in a survey of Europe’s best free museums. The building of the Stadsarchief Amsterdam is surely imposing, but the reason for being featured here are the archival records kept here and the way their contents are disclosed more and more online. When I look at sources with a relation to legal history you can choose from a substantial variety of resources. The example I present here is restricted to a particular class of verdicts, those concerning “averij grosse“, general average or in German “Grosse Haverei”, cases in maritime law in which either a ship, a cargo or both had suffered unavoidable damage in emergency situations, and costs thus made or yet to be made or recovered had to be divided in an equal way [Archief van Schout en Schepenen, nos. 2806-2924, Vonnissen terzake van averij grosse, 1700-1810]. A separate chamber of the schepenen for “Assurantiën, Averijen en Zeezaken” dealt with relevant affairs.

Two splendid overviews of the history of European private law, Helmut Coing’s Europäische Privatrecht, I: Älteres Gemeines Recht (1500 bis 1800) (Munich 1985) 554-555, and Reinhard Zimmermann’s The law of obligations. Roman foundations of the civilian tradition (Oxford 1996) 406-412, provide you with basic information about the legal principles at stake, the role of the Lex Rhodia de iactu and with references to important commentaries, including those issued in the period of the Roman-Dutch law. Zimmermann gives the date of publication of the first edition of Quintyn Weytsen’s early treatise in Dutch on general average as 1651. According to the information in the Short-Title Catalogue Netherlands this can be corrected to a first appearance in print in 1617 as an appendix to Cornelis van Nieustad’s Curiae Hollandiae, Zelandiae & West-Frisiae decisiones (…) Item een tractaet van avarien gemaeckt door Quintijn Weytsen (…) (Leiden 1617), and a first separate edition in 1631 [Een tractaet van avarien, dat is Ghemeene contributie vande koopmanschappen ende goederen inden schepe bevonden (Haarlem, 1631)].

Quintyn Weytsen (1518-1565) became a councillor in the Court of Holland only in 1559, and in 1561 and 1562 he was also charged with hearing accounts in the province of Zeeland, information easily gathered from resources such as the Dutch Biografisch Portaal and the Repertorium van ambtsdragers en ambtenaren 1468-1861 (The Hague, Huygens Instituut). Some of the later editions of his work, specifically Adriaen Verwer’s Nederlants see-rechten, avaryen, en bodemeryen (editions e.g. 1711, 1716 and 1730) contain also two ordinances concerning general average from 1551 and 1563 which no doubt prompted him to write his treatise. The lapse of half a century before a printed edition was published is remarkable. The 1617 edition gives no introduction at all for Weytsen’s text, and therefore his short text (from p. 226 onwards) might have been circulating already in manuscript – or perhaps a much read pamphlet? – long before.

The pages on general average at the website of the municipal archive of Amsterdam were launched in Autumn 2013. They offer a succinct introduction to the doctrinal side of things, and introduce you to the procedure before the bailiff and schepenenOne of the important things stated is that both the Dutch East India Company and the West India Company did not use the services of this court, because the administrators took care of freighting and transport. Statements confirmed on oath before Amsterdam notaries about cases of avarij formed the starting point of the procedure; you can find them using an index of these scheepsverklaringen (PDF), some 5,400 cases. The hint to check the Amsterdamsche Courant for its notices about shipwrecks and averages in its scheepstijdingen is most useful. You can check this newspaper in digital format at the new Delpher portal of the Dutch Royal Library. Do reckon with variant spellings such as avarieavary, avarij and averij! The suggestions to look in other record series for further information are most helpful. In the database of the Amsterdam city archives you find a digital version of the index created in 1980. The search interface allows you to search for the names of shippers and ships, harbours of depart and arrival, and dates. Two examples of cases from 1726 and 1780 help you to prepare your specific search actions. A search action leads you to further information on a particular case, often supplemented with thumbnail images of the documents.

Can I mention anything negative about this project in Amsterdam? With just two titles about general average this information is rather to short, and the reference to the article by Ivo Schöffer lacks the page numbers (pp. 73-133). Elsewhere on the website a treasure page has been dedicated to the case of the vessel St. Antonio di Padova which was attacked by pirates off La Spezia in 1704. The ship commanded by Jan Lens suffered a lot of damage during a four-hours fight. Repairs were made in Genua. The page shows a part of the notarial statement on this case. Somehow the section on general average does not link directly to this showcase, the only relevant page translated completely into English. In view of the international standing and importance of this archive the maIn point to criticize is alas the absence of a page-to-page translation into English of its marvellous website. The Amsterdam city archives ask people to pay for full-scale images of scanned documents, but before deploring this you must realize they offer a very rapid scanning on demand service.

Different situations, different approaches

In many fields awards and prizes are given yearly for the best project. Is it possible and sensible to do this for this group of six random picked projects? In a bird’s-eye view we saw:

  • transcriptions from the Rivierenland in the Hoge Bank van Tuil
  • large-scale indices and an analytical approach in the Scabinatus 4000 project for Liège,
  • crowdsourcing, transcriptions and images, with even an annotation tool for Itinera Nova at Louvain
  • images and transcriptions of charters at Tilburg
  • indexes for both scabinal and notarial registers, and a growing number of scanned registers for the province of Noord-Brabant
  • inventories, indexes and finding aids concerning the wide judicial functions of the schepenen of Den Bosch – with a printed guide and a cd-rom of the earliest records but without a database -
  • finally the verdicts from Amsterdam concerning maritime law from a distinct period, with an online searchable index and scanned images which have to be paid for.

If you put these seven projects into a grid you can probably more easier see which qualities they share or lack. What makes these projects successful or not? I cannot predict what visitors of these websites will want to know nor what they would like to have at hand on the screen of their computer or tablet. Some researchers might want to start making grand analyses as quickly as possible and therefore applaud transcriptions and online indices, others prefer painstaking transcriptions of the originals or of images provided by an archive. The pioneers for the Rivierenland have not yet reached the phase of building a database. One archive, the city archive at Den Bosch, does not provide a database, and I suppose this is a policy decision, because so much energy has already been put into the resources in question during more than twenty years. For other cities printed critical editions of the verdicts of schepenen exist, and thus the need for an online database might be less urgent.

Even though this is a rather long post I still feel I have treated all projects presented here rather briefly. It is wise not to judge their qualities too quickly! A stronger objection is the choice of examples which is very much personal, but at least also for a part guided by the lack of an easy overview of relevant digitization projects for this particular kind of resource. I would not feel ashamed if this post serves as a stepping stone for more and better.

A postcript

In his comment Christian van der Ven of the BHIC at Den Bosch stresses the actual cooperation of Dutch archives for this kind of projects. I have taken over his factual corrections, and the important information about online access to a number of registers of schepenen already avaiable now at the BHIC, and the appearance of the Bosch’ Schepenprotocol in digital form in the near future.

An early detective? Jan van Scorel and a supposed papal murder case

PopeAdrian VI - painting by Jan van Scorel, 1523 - Utrecht, Centraal Museum

Pope Adrian VI – painting by Jan van Scorel, 1523 – Utrecht, Centraal Museum

If you had told me in 2013 I would one day write about legal history and graphic novels I would have severely doubted the truth of such a statement, but suddenly this combination became a reality when I heard about an exposition at the Centraal Museum in Utrecht, my home town. The focuses of the exhibition are a sixteenth-century Dutch painter, Jan van Scorel (1495-1562), and contemporary artist Paul Teng. Together with writer Jan Paul Schutten Teng has created a graphic novel on Van Scorel and his investigation of a mysterious death in Rome. Pope Adrian VI, the only Dutch pope, reigned the Catholic Church for only one year. His death on September 14, 1523, came rather suddenly. Jan Paul Schutten and Paul Teng created a story using historical facts to create a fictional account of a murder investigation started by Van Scorel who suspected that his compatriot might have been murdered. Jan van Scorel, Sede Vacante 1523 is the title of both the graphic novel and the exhibition. The 80 page book has also appeared in an English version.

The entrance to the exhibition at the Centraal Museum

In this post I would like to look at the creative process of two contemporary artists working with historical facts and their own imagination. Rumours that Adrian VI’s death was caused by poison have never been conclusively confirmed nor rejected as utter fantasy. The pope died after an illness of a month. An anecdote states that the Roman people thanked the physician who had taken care of the ailing pope. For the preparation of the graphic novel Teng and Schutten used historical sources. They looked carefully at the history of art in the early sixteenth century, helped by the collections of the Centraal Museum with several paintings by Van Scorel.

Setting the scene

Paul Teng took much care to make the historical surroundings of his novel as realistic and reliable as possible. He used early sixteenth-century paintings, drawings and engravings to ensure that locations in Rome and elsewhere are depicted faithfully. This means for instance that the basilica of St. Peter’s and the Vatican itself are shown as building sites. In the gallery with some photographs I took at the exhibition you can see other aspects of the creative process as well. From a story board with dialogues written by Schutten Teng took his lead to make sketches of the story. The exhibition shows the full sequence of the book in black and white. Some scenes are shown in their final coloured version. People are invited to draw themselves a page of a graphic novel on a chosen theme,

Accumulating functions and wealth

paushuize-utrecht

Pope Adrian VI (1459-1523) was born at Utrecht as Adriaen Floriszoon Boeyens. He studied theology at the university of Louvain, and he became a professor of theology at this university in 1489. In 1507 the Habsburg emperor Maximilian asked him to become one of the teachers of the future emperor Charles V. In 1516 he became the bishop of Tortosa in Spain. A year later he was created a cardinal. Charles V made him 1518 inquisitor-general of Castile and Aragón. Adrian became even the regent of Spain. During the minority of Charles V he had already been co-regent of Spain together with cardinal Francisco Jimenez de Cisneros.

Statue of Christ Saviour in the facade of Paushuize, Utrecht

Until 1522 Adrian got a large part of his income from prebends at several collegiate churches in the Low Countries and Spain. The very number of prebends pope Julius II allowed him to have in 1512 was restricted to four. Adrian finally became a canon of four churches in Utrecht: he was a canon at St. Peter’s and at Utrecht Cathedral (St. Martin’s) , treasurer of St. Mary’s and provost of St. Salvator’s (Oudmunster). However, the actual number of prebends he held was larger, and two prebends were shrewdly changed into annuities. His canonry at St. Peter’s in Utrecht enabled him to designate premises within the immunity of St. Peter’s as the site of a large house, a palace really, where he would have liked to live in Utrecht in good time. Adrian never saw the palace still called Paushuize, “The Pope’s House”. Interestingly, a statue in the facade shows Christ Saviour as a reminder he was the provost of the Salvator collegiate church. R.R. Post unravelled the history of these prebends in a fine article published in 1961 ['Studiën over Adriaan VI. De beneficies van Adriaan VI', Archief voor de Geschiedenis van de Katholieke Kerk in Nederland 3 (1961) 341-351; online at the Trajecta portal for the ecclesiastical history of the Low Countries, with digital versions of five scientific journals in this field].

There is a clear paradox between Adrian VI’s reputation as a pope who wanted the Church to live humbly, without unnecessary adornments and wealth, and his personal history in which he combined a large number of offices and accompanying revenues. In one of the scenes in which Teng depicts a meeting between pope Adrian and Jan van Scorel they discuss the plan to select art treasures from the Vatican’s holdings in order to sell them off to get money for the empty papal treasury.

The graphic novel opens with a scene showing a ritual which was long said to exist, the formal test done by the camerlengo to ascertain a pope’s death, by calling out thrice his baptismal name, “Adriane, dormisne” (Adrian, are you sleeping?), and giving a slight blow on his head with a special hammer. It is hard to find any real evidence for this custom, which if it really existed at all already ceased to happen in the seventeenth century. Today the camerlengo still has the task to certify the death of a pope. However, it is certainly followed by the immediate destruction of the papal ring, an element Teng and Schutten correctly added immediate after the scene with the probing camerlengo.

Here I will not spoil the joy of anyone wanting to enjoy and read the book by Teng and Schutten by giving away the plot or pronouncing verdicts on the historical veracity or plausibility of the facts they describe. They admit to have added some minor figures to ensure the story can run as it does. Giving Van Scorel a servant is just a time-honoured homage to the practice of detective novels with an investigator and his faithful assistant. The story told by Teng and Schutten can serve as an invitation to look anew at the stories historians like to tell. They can learn from the skillful way Teng shows a sequence of scenes, using for example close-ups to focus on details or general scenes to set the background of events. The funeral of pope Adrian VI in the basilica of St. Peter’s which for a large part still lacked a roof, is shown in true detail.

Adrian’s burial at St. Peter’s was followed by a translatio of his body in 1533 to the church of Santa Maria dell’Anima in Rome. By the way, this church started its life as a hospice for pilgrims founded in 1350 by Jan Peters, a rich baker from Dordrecht. The German project REQUIEM on the tombs and monuments of opes and cardinals in Rome between 1500 and 1800 has an extended entry on this monument. At his tomb in St. Peter’s the inscription said Adrian had considered his duty to reign as the most unhappy part of his life. The inscription on his large-scale monument within the Santa Maria dell’Anima reads in translation: “O how much does the time matter in which the virtue of even the best man happens”. These words seem to have inspired the title of the latest biography of pope Adrian VI by Michiel Verweij, Adrianus VI (1459-1523) : de tragische paus uit de Nederlanden (Utrecht 2011). At Deutsche Inschriften Online you will find the book by Eberhard J. Nikitsch on the inscriptions of this church, Die Inschriften der “Deutschen Nationalkirche” Santa Maria dell’Anima, I: Vom Mittelalter bis 1559 (Rome 2012). The essays in the exhibition catalogue De paus uit de Lage Landen Adrianus VI, 1459-1523 (Louvain 2009) help to put Adrian’s life into perspective.

Jan van Scorel came back to the Low Countries imbued with Renaissance ideas which he promptly used in his paintings. The great German art historian Max Friedländer once said Van Scorel had a role for Dutch painting in the sixteenth century similar to that of Peter Paul Rubens for Flemish painting in the next century. In particular his group portraits were an important innovation. In 1528 Van Scorel got a canonry at St. Mary’s in Utrecht, thus giving him a part of the financial background which had helped Adriaen Boeyens during his long ecclesiastical career. Last year I wrote a post about the project Medieval Memoria Online. Jan van Scorel is connected to several memorial objects. A part of the floor slab of his grave from the collegiate church of St. Mary’s  is now kept at the Museum Het Catharijneconvent in Utrecht (MeMo no. 3006). His group portraits of members of the Jerusalem confraternities in Haarlem and Utrecht are also described in the MeMo database (MeMo nos. 669, 671, 672, 716 and 746).

History, historians and images

Let’s close this post with a number of questions: can historians still create stories mainly using words? Is it not necessary nowadays to be at least very much aware of the imagery created by visual media? The creators of blogs are familiar with these questions and try to provide their own answers. Especially when a story does not unfold itself in the standard way movies and televisions series like to show them it is important to be aware of the (visual) expectations of your public. If people ask you for telling images, they are absolutely right to ask this from you! It will be your duty to come with reliable images or to tell what illusions, allusions and deviations images might contain. Professional pictorial research is most certainly one of the historian’s duties. You will need both your imagination and sound knowledge, helped by historical images, to create images in the mind of your readers which help both you and them to get to the core of historical events and persons. Misgivings about historical inaccuracies that occur in the choice or the use of images should not be the final aim of any criticism, but an outright challenge to produce yourself history which benefits substantially from the proper use of images and imagery.

- Jan van Scorel, Sede Vacante 1523 – exhibition Utrecht, Centraal Museum, October 19, 2013 – January 19, 2014
- Jan van Scorel, Sede Vacante 1523, drawings by Paul Teng, scenario by Jan Paul Schutten, colours Dina Kathelyn Tourneur (Eindhoven: Lecturis, 2013; 80 p.; ISBN 978-94-6226020-7)

1813-2013: Two centuries of the Dutch kingdom

The acceptation of temporarily power by the Triumvirate

The acceptance of temporary power by the Triumvirate, November 21, 1813 – detail of a painting by J.W. Pieneman, circa 1828; Amsterdam, Rijksmuseum

Often it is possible to find yourself a fitting subject in legal history to study, to reflect on or to write about. The wide variety of legal histories to be found and told factually guarantees a never-ending stream of stories. Sometimes your choice of subjects can be guided by larger events. In a society which values the commemoration of important people, events and subjects you can find almost every day something worth noticing, and the various Today in History initiative readily provide this. However, a parade of centennials, bicentennials and even tercentenaries can become tedious. This year has had its fair share of them. It is really because I promised to do so earlier this year that you can read here about the bicentennial of the Dutch monarchy. Only in 1813 the Oranje-Nassau family rose again after the French Revolution to play a significant role in Dutch society. After centuries of holding the stadhouderschap, literally the lieutenancy, i.e. for the Spanish king, the Oranje-Nassau’s became the Dutch royal family. In fact the formation of a new Kingdom of the Netherlands was in many respects surprising. It was probably more a matter of global policy by the victorious powers after the fall of Napoleon than the outcome of an autonomous Dutch political process. Until now public attention for the 1813 bicentennial is at the best lukewarm. However, the attention for the role of the Dutch royal family might tip the balance.

As a child I read a book by Albertine Steenhoff-Smulders, Een kind van 1813 ["A child of 1813"] (Haarlem 1926), and I still have a dim memory of being introduced in a most wonderful and immediate way into the life and surroundings of a child living in a Dutch town impoverished by the French occupation of the Northern Netherlands. Whatever the historical merits of this book, it gave me a first very inviting look on history. By 1813 Dutch people could indeed ask themselves rather anxiously what would become of them and of their country. The Dutch Republic had crumbled after a long descent from world power in the seventeenth century to a couple of provinces ruthlessly incorporated into the Napoleonic empire. The Batavian Republic of 1795 had been followed in 1806 by an ill-fated Kingdom Holland under Louis-Napoleon, a brother of Napoleon himself. In 1810 the emperor gained control himself in this part of Europe, too, In this revolutionary period the Dutch old régime had irrevocably been replaced by new laws and institutions. The legal and juridical changes from 1810 to 1813 are the subject of the volume Het Franse Nederland: de inlijving 1810-1813 ["The French Netherlands: the incorporation 1810-1813"], A.M.J.A. Berkvens, J. Hallebeek and A.J.B. Sirks (eds.) (Hilversum 2012), a special issue of the journal Pro Memorie published by the Foundation for Dutch Legal History.

The Oranje-Nassau family had been conspicuously absent from Dutch politics since 1795. One of the few memorable things was the bravery of the later king William II during the battle of Waterloo. After the downfall of Napoleon in 1813 the political situation of the Northern Netherlands might have taken any turn. The country had been arbitrarily divided into départements. Some politicians realized that it would be easy for the coalition against France to end any chance for the Netherlands to exist independently. Getting the Oranje-Nassau family back was one of their primary goals. The prince of Oranje was convinced to come back to the Netherlands and to accept the role of a king. On November 30, 1813 he landed at Scheveningen, the harbor of The Hague. The turmoil of events in 1813 is craftily summoned in the book by Wilfried Uitterhoeve, 1813 – Haagse bluf. De korte chaos van de vrijwording ["1813 - Swanks of The Hague. The brief chaos of the liberation"] (Nijmegen 2013). Any effort for a national focus would help convincing the powers in Europe not to make a new German province out of this region. Eventually in particular United Kingdom saw the importance of creating a country around the important Rhine and Meuse estuary. The Congress of Vienna did in a way predictable things.

Persons and powers

In the stream of publications concerning 1813 a number of biographies stand out. The politician responsible for drafting a new constitution, creating a temporary government and convincing the future king Willem I to accept his new task as a monarch, Gijsbert Karel van Hogendorp, is the subject of Diederick Slijkerman, Wonderjaren. Gijsbert Karel van Hoogendorp, wegbereider van Nederland ["Wonderyears. Gijsbert Karel van Hogendorp, pioneer of the Netherlands"] (Amsterdam 2013). Three consecutive monarchs, too, have been studied in great detail in new biographies which appeared this month, Koning Willem I 1772-1843 by Jeroen Koch, Koning Willem II 1792-1849 by Jeroen van Zanten, and Koning Willem III 1817-1890 by Dik van der Meulen (Amsterdam 2013). The publication of monographs on these kings was long overdue. It is a happy coincidence to have also a new parliamentary history of my country, De eerste honderdvijftig jaar. Parlementaire geschiedenis van Nederland, 1796-1946 ["The first 150 years. Parliamentary history of the Netherlands, 1796-1946"] (Amsterdam 2013) written by J.Th.J. van den Berg and J.J. Vis. The series of constitutions and plans for constitutions since 1795 makes very much clear how the constitution of 1813 was not a creation ex nihilo. The texts of Dutch constitutions since 1795 can be conveniently found online at the website De Nederlandse Grondwet.

Guidance to new publications and events concerning 1813 is much helped by two special websites. The first one is the official commemoration website 200 jaar Koninkrijk. This website focuses on the importance of Dutch institutions and the Dutch nation nowadays, and on the commemorative events, lectures and exhibitions, including even a full-scale repetition of the royal arrival at Scheveningen, but it gives also a succinct overview of historical developments between 1813 and 1815. The second website is a fine portal created by the Huygens Institute and the Institute for Dutch History, Een koninkrijk in wording, Een toegang tot de jaren 1813-1815 ["The genesis of a kingdom. A portal to the years 1813-1815"]. You will find here essays on developments since 1795, bibliographies, online articles and books, access to original sources, and a nice array of images.

In Dutch school history books the burning of custom-houses in Amsterdam on November 15 and 16, 1813, had been traditionally mentioned as the start of the revolt against the French occupation. Nowadays the return of the future king two weeks later is more often seen as a turning point. However, on November 30, 1813 around two thousand people were killed during a battle between the French and Prussian army at Arnhem (see Arnhem 1813. Bezetting en bestorming ["Arnhem 1813. Occupation and assault"], Onno Boonstra et alii (eds.) (Hilversum 2013). At a distance of two hundred years it is much easier to gain insight into major developments invisible to contemporary people. Taxation was indeed one of the most hated elements of the continental system imposed here as in other parts of the French empire. One of the major legal changes, the French Code civil that unified private law, was not abolished after 1813, but kept its force until 1838 when a reworking of this code of law was accepted.

The beginning of a new kingdom is a good starting point for the study of Dutch nationalism. A typical example of this new nationalism is the painting by Pieneman I added to this post. The acceptance of the Oranje-Nassau family as monarchs by a country with a long republican tradition is more surprising than one would assume in view of today’s popularity of the Dutch royal family. In no way was the road to general acceptance and a role as a central element of the Dutch nation straightforward. This particular bicentennial invites you to look again at a much longer period in which Dutch and Belgian people slowly said farewell to the Ancien Regime and found themselves back many years later in a world changed forever, even if restorative powers seemed to triumph everywhere in Europe until 1848.

Connecting and relating legal history

This week WordPress, the provider of my blog, turned on a new feature, showing for every post related posts. In the current layout you will find them at the end of every contribution. WordPress has created an algorithm based on the labels added to each post – both categories and tags - to come up with results that stand in some relation to a particular posting. Thoughtfully WordPress makes it possible to turn off the new feature.

It is surely tempting for me to invite the readers of one particular post at my blog to read more posts! The new suggestions feature might be helpful to achieve this aim. However, the very crux is of course the quality of the categories and tags added to my posts. Is it not wiser to rely on them? For every post I try to provide sensible labels, either by selecting one or more categories and a fair number of tags. WordPress gives you a number of suggestions for additional tagging immediately after the publication of a post. For a number of scientific disciplines thesauri have been created, classification systems with terms which help you to locate and describe an object, be it a book, an image or any other object, in a systematic way, and to place it in a coherent and ordered way at its right place within such a system. At the Université Paris-Sud, Faculté Jean Monnet, François Jankowiak and Brigitte Basdevant-Gaudemet and other scholars at the Centre Droit et Sociétés Réligieuses maintain GREGORIUS, an online bibliography for medieval canon law where search terms are added to bibliographical records in a systematic way. It is certainly wise to follow their example, but most often it is really difficult to fit posts within any system on this blog where I try to cover many aspects of legal history.

Adding tags does help people to find information on a particular subject in a systematic way. A title of a publication cannot contain all you might be looking for, and this is even more obvious for languages you are unable to read or speak. Tagging can be a cumbersome affair. It is easy to create confusion. Only lately I noticed that I used both Great Britain and United Kingdom as tags, and I changed this in all relevant cases into United Kingdom. On the other hand some posts touching on the field of epigraphy, the study of inscriptions, have both the tag Epigraphy and Inscriptions, and I guess it is wiser to keep using the term Inscriptions as well. If you look for Holland on this blog for legal history with a Dutch view I must inform you that Holland is currently only the name for two provinces. The country of the Dutch people is called the Netherlands. In order not to find yourself reading involuntarily a post on the medieval county of Holland I use the tag Netherlands as often as necessary.

Tag clloud Rechtsgeschiedenis blog, 2013

Instead of coming with more doubts about and objections to prefigured reading suggestions I had better tell you what is already provided here. As categories I use Buildings, Centers, Editions, Exhibitions, General, Landscapes, Manuscripts and Scholars. You will find many tags. In the tag cloud on my blog you can easily deduce which themes figure most often on it. As for now the tag cloud is located near the end of the side bar, almost down under. My tweets with @Rechtshistorie come last. I have done this on purpose in order not to detract your attention from the blogroll with a nice selection of institutional blogs, personal blogs on legal history, a number of blogs created at (law) libraries with great interest for legal historians, in particular in the field of old books and manuscripts, and a selection of e-journals for legal history. To me it seems the blogs of law libraries are often overlooked. They do not deal exclusively with legal history, but it is the very point that they do include it that makes them interesting. In other words, I give you every possible chance to get as quickly as possible to other legal history blogs instead of keeping you confined any longer to the posts I have published since 2009.

Lawyers and remembrance: looking at medieval tombstones

At the start of a new academic year I would like to share here a subject which for many people recalls holidays with visits to old cities and monumental buildings. This post is clearly a late summer posting! Every now and then you might spot somewhere an object commemorating a lawyer. When you visit for example a medieval church you might find tombstones with clear indications of the profession of the deceased. In the last decades huge efforts have been made to make research for medieval tombstones more efficient and more contextual. This year’s launch of the Dutch database Medieval Memoria Online prompted me to look into this project for traces of lawyers, and to look at some comparable projects elsewhere in Europe. For this contribution I got also in particular inspiration from the marvellous ongoing series of posts on nineteenth-century American cemeteries and monuments by Alfred Brophy at The Faculty Lounge.

Captured in stone

Logo Mesieval Memoria Online

The database of the project Medieval Memoria Online, accessible in English and Dutch, has been developed at Utrecht University by a team of scholars led by art historian Truus van Bueren. The project documents not only tombs and floor slabs, but also memorial registers, memorial pieces and narrative sources with a function in commemorating people. The project focused on the Northern Netherlands in the fifteenth century, but there is also a provisional online inventory of wall-mounted memorials in the Southern Netherlands – roughly present-day Belgium – between 1380 and 1520, and a glossary of terms in Dutch, English and German. When I saw the project of Sophie Oosterwijk and Charlotte Dikken on the floor slabs of St. Michael’s at Oudewater I quickly added this information to my recent post about Oudewater.

In an article I wrote in 1994 on medieval lawyers and working habits I could refer to the study by Renzo Grandi, I monumenti dei dottori e la scultura a Bologna (1267-1348) (Bologna 1982) with many pictures of sepulchral monuments for lawyers in Bologna. Many of them are now at the Museo Civico Medievale. Some of these monuments show a law professor during his teaching. Several monuments can still be seen in situ. One of the earliest modern illustrated publications about them is by Alfonso Rubbiani, Le tombe di Accursio, di Odofredo e di Rolandino de’ Romanzi glossatori nel secolo XIII (Bologna 1887).

The tomb of Dirk van Wassenaer - Utrecht, Janskerk

The tomb of Dirk van Wassenaer – Utrecht, Janskerk, around 1465

Let’s turn back to the Netherlands and look at some examples of tombstones and other memorial objects commemorating lawyers and people trained as lawyers. My main example is the tomb of Dirk van Wassenaer (memorial object no. 2527) at the Janskerk (St. John’s) in Utrecht. The Memoria database carefully distinguishes between information about the wall memorial, the tomb, the inscriptions, the heraldic arms, personal information and information on locations. In this case the inscription at the wall provides part of the personal information. Dirk van Wassenaer died in 1465. He was the son of the burggraaf (viscount) of Leiden. He had been a parish priest at Leiden, a canon at Utrecht Cathedral (St. Martin’s), a provost at the collegiate church of St. Pancras in Leiden since 1416, archdeacon at the Janskerk, and a protonotarius papae, a papal protonotary.

Wall memorial of Dirk van Wassenaer

Wall memorial of Dirk van Wassenaer – Utrecht, Janskerk, around 1465

When I read the notice on the wall memorial I wrote at first that the heraldic description in the Memoria database of both the tomb and the wall memorial was not complete and partially incorrect, but the database has separate entries for the tomb and the wall memorial. The tomb monument has been described separately (MeMo no. 2960), where you will find clear descriptions of the four arms. The description of the galero, the black hat, is not correct. It is not a cardinal’s hat, which would show red cords and fifteen tassels at each side, but a more simple canon’s hat with just six tassels, not even the hat of an apostolic protonotary, with twelve tassels. The galero might symbolize the deanery held by Van Wassenaer, a suggestion given elsewhere in the description. The database provides an image of a drawing made in 1636 by Pieter Saenredam showing the tomb and the memorial in the St. Anthony’s chapel in the north aisle of the church, a chapel founded by Van Wassenaer. Today both objects are in the south part of the transept, a fact duly noted in the description of the tomb. For a database on this scale it is perhaps just wanting too much if literature on Van Wassenaer is not mentioned. Describing the objects systematically is already asking much. I could easily track an article by O.A. Spitzen, ‘Het grafschrift van proost Dirk van Wassenaer in de St. Janskerk te Utrecht’, Archief voor de geschiedenis van het Aartsbisdom Utrecht 17 (1889) 307-333 (online at the Trajecta portal for Dutch and Belgian ecclesiastical history).

It seems I was not completely lucky in choosing my main example: instead of protonotary the notice on Van Wassenaer reads prenotary, an unfortunate mistake when you want to look for other protonotaries. By the way, we deal here with honorary protonotaries, not actual officials of the Roman curia. One of the strengths of the database is the clear separation of personal information and information about objects. The same person might be commemorated in several places or he might be mentioned in a necrological register, but he or she could also be the founder of a memorial for someone else. The second example of a protonotary helps to show this variety.

A floor slab for provost Cornelis van Mierop (died 1572) at St. Martin’s in Utrecht was destroyed during the last restoration thirty years ago (MeMO no. 2934). Van Mierop, too, was a protonotary, and the inscription on his tomb, luckily preserved in a manuscript with many drawings of tombs and windows, stated he had been also a counsellor to the king of Spain (regis Hispaniae a consiliis). His portrait can be seen in a stained glass window depicting Christ giving his first sermon at the Grote or St. Janskerk in Gouda (MeMO no. 870), and in yet another window at the Grote or St. Jacobskerk (St. James’) in The Hague (MeMO no. 3012), showing him as the dean of the fourteen canons of the chapter of the Hofkapel (Court Chapel). Both windows were created by Dirk Crabeth.

The third example of a protonotary is even richer. The floor slab of the grave of Antonis Fürstenberg was found as recently as 1980 in Nijmegen and can now be seen at the Museum Het Valkhof (MeMO no. 2272). Fürstenberg was born around 1480 in Westphalia. He studied law at Bologna and received his doctoral degree (decretorum doctor) in 1498, and he held also a bachelor’s degree in theology. He was a law professor at the university of Copenhagen and provost of the convent Borglum in Jutland (praepositus Burglaviensis). A fourth protonotary, Adriaan van Isendoorn (died 1566), was buried at Utrecht Cathedral (MeMO no. 79). On the floor slab the title for protonotary reads sedis apostolicae protonotarii (..), a protonotary of the Apostolic See.

A wider context

Of course you need to combine the information provided by the Memoria database with data found elsewhere. Last year I wrote a post about a number of online prosopographic databases for Classical Antiquity and the Middle Ages. Alas I could not find our four protonotaries in the databases of Germania Sacra, nor at Prosopographica Burgundica. One of the online resources which helps you finding scholars in the German Holy Roman Empire between 1250 and 1550 is the Repertorium Academicum Germanicum.

The Dutch Memoria project is certainly not the only scientific enterprise to present medieval inscriptions online. The German project Deutsche Inschriften Online brings you to inscriptions from several towns, monasteries and dioceses during the Middle Ages and the Early Modern period. At Epigraphica Europea (Universität München) you will find links to many European projects for online access to medieval and later inscriptions. Among the more specific and well-defined projects is REQUIEM, a German database for the tombs of cardinals and popes in Rome from 1420 to 1798. In this database I found for example that cardinal Pietro Pamfili-Colonna (1725-1780) had been a functioning apostolic protonotary (protonotarius apostolicus de numero participantium) from 1750 to 1761 after his promotion in 1750 as a doctor utriusque iuris at the university of La Sapienza. In 2006 the Università degli Studi di Padova launched the website Le sepolture regie del regno italico (secoli VI-X concerning royal graves and monuments in Italy from the sixth to the tenth century, with a focus on the historical background and less information about the actual buildings and tombs.

In passing I noted a manuscript preserving the text of a floor slab at Utrecht Cathedral. It was created by Aernout van Buchel (Buchelius) (1565-1646) who lived in Utrecht, but made also some travels abroad. At Het Utrechts Archief, Utrecht University Library and at Tresoar, the Frisian archive in Leeuwarden, three illustrated manuscripts created by Van Buchel are kept which add much to the information in the Memoria database. Van Buchel saw many churches, and even though he did make mistakes his work is still valuable. These three manuscripts can be searched online. His Diarium, a travel diary kept at the Special Collections of Utrecht University Library (ms. 798), has been digitized, too. To return once more to apostolic protonotaries, Buchelius mentions Johan Ingenwinckel, a provost of St. John’s, Utrecht, who died in Rome in 1534. Van Buchel’s notes about the Dutch East India Company and his work for the Amsterdam chamber, held at the Nationaal Archief, have been transcribed, too. No doubt his fame rests upon his copy of a drawing around 1596 of The Swan theatre in London (Utrecht, UB, ms. 842, fol. 132 r). You can read the Dutch version (2000) of Judith Pollman’s biography of Buchelius, Een andere weg naar God. De reformatie van Arnoldus Buchelius (1565-1641), online in the Digital Library of Dutch Literature.

If you look in the Memoria database for persons with a legal degree, be it a doctorate utriusque iuris, a doctor or licentiatus decretorum, you will find interesting results, even when their actual number is small. To wet your appetite a last example: in Arnhem you can find in the Grote or Eusebiuskerk the tomb of Joost Sasbout (1487-1546), first from 1515 to 1535 a councillor at the Court of Holland and afterwards chancellor of Guelders, and his wife Catharina van der Meer. The memorial sculpture (MeMO no. 570) might be a work of Colijn de Nole, the sculptor of the famous mantelpiece in the old town hall of Kampen. You can trace many Dutch officials quickly in the online Repertorium van ambtsdragers en ambtenaren 1428-1861. When you use this website together with the online biographic resources at the Dutch Biografisch Portaal you will surely find much valuable information. Rolf de Weijert, one of the members of the Memoria team, told me that unrecorded medieval tombstones are currently being described in the province of Zeeland. They will be added as soon as possible to the database.

For the Medieval Memoria project generic information, including description standards and a database model, is provided to help making similar projects effective and valuable, and to enhance the eventual creation of interfaces between such projects. The Memoria project did start as an art history project, but the efforts to integrate information from this discipline with textual resources transcend the boundaries of one discipline. Medieval Memoria brings you not only inscriptions or tombs and floor slabs, but also relevant texts, an example worth following. It is simply not realistic to expect a database to contain all data you would like to have at your disposal. You can help the Medieval Memoria project and similar enterprises by pointing the scholars behind them to the resources which can enrich them.

Instead of criticising the lack of information for some objects it is wiser to realize that already a relatively small collegiate church such as St. John’s at Utrecht has some thirty memorial objects, and also a necrology from the sixteenth-century. The Sint Janskathedraal at ‘s-Hertogenbosch (Bois-le-Duc) has more than 500 tombstones which you can study at a special website. Genealogists are probable more aware of cemeteries and tombstones than lawyers and legal historians, but it is most sensible not leave them out on purpose of our studies of subjects related to legal history. The Dutch Genealogical Society presents a nice array of websites concerning cemeteries in my country and abroad. Let this suffice here to indicate a general direction, for one blog post cannot offer the functionality of an omniscient navigation tool on the oceans of questions and scientific knowledge.

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 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.

The tercentenary of the Treaty of Utrecht (1713)

Logo Vrede van Utrecht - Peace of Utrecht

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

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

A scholarly approach of the Peace of Utrecht

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

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

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

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

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

Museums and the Peace of Utrecht

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

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

New publications concerning the Peace of Utrecht

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

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

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

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

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

A postscript

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

Money, museums and legal history

While following these days the news on the actions of the European Union to help the economy of Cyprus by taxing the savings of those who had hoped that they had found a safe haven I could not helping trying to see these events in a historical perspective. Was this the first action of its kind? How typical was the role of banks and the banking system in the Mediterranean world? How to find information about the history of money since Classical Antiquity? Numismatics is the historical discipline that traces the history of both coins and paper money, monetary objects and medals, the history of mints and much more. By sheer luck I had been alerted earlier this month about a very useful Italian blog post with a summary guide by Lucia Travaini to important numismatic websites. With one exception money museums are not present in her brief guide. Remembering the difficulties and surprises last year in creating a sensible webpage on museums and legal history I decided to create space for money museums, and to write about the way to reach this goal. Looking for Cyprus and Cypriote coinage offers a chance to test the quality of the information I found.

Numismatics as a historical auxiliary science has not the same attraction for historians as for example palaeography, the science dealing with old scripts and handwriting. Of course being able to read old handwritten texts is most useful, but not looking at coins is excluding arbitrarily material objects with their own history, impact and significance. Unfamiliarity and downright depreciation explain part of the minor position often allotted to this discipline. Numismatics has been looked upon unfairly as a hobby-horse for people with only antiquarian interest, something suitable for connoisseurs and collectors, or as at best a small branch of art history. In fact the uses of auxiliary disciplines are multiple. A first practical distinction is that historians do not receive the same training in numismatics as they get – or are expected to get – in fields such as palaeography, diplomatics, heraldry, epigraphy and sigillography. For periods in which written records are not as abundantly present as for contemporary or Early Modern history the importance of sciences dealing with objects and artefacts gain importance. Epigraphy and numismatics tend to be less distant for historians dealing with Classical Antiquity.

Tracing the history of money

Logo website Lucia Travaini

It is not possible to sketch in just one post a concise history of money, even when you restrict yourself to numismatics. The pocket online guide of Lucia Travaini will serve as a starting point. At her website is more space to introduce her scholarly qualities. By the way, the Bibliostoria blog of the Biblioteca di Scienze della Storia of the Università degli Studi di Milano where Travaini published her guide gives you excellent information on new and less recent online resources for historians.

The first resources mentioned by Travaini are image databases. McSearch, the Medieval and Modern Coins Search Engine, brings you quickly to literally hundreds of images of Cypriote coins sold at auctions. At CoinArchives.com you find similar information, with, however, for Cyprus less results. Wildwinds is a more ambitious site where the origin and present value of coins can be assessed. This site points also to other online collections and to the Digital Library Numis, on which I will comment later.

Travaini puts a number of numismatic societies in a second section of her guide. For the American Numismatic Society she mentions the online bibliography of numismatic literature, but the ANS offers more digital resources, including a selection of links to mints worldwide, a list of money museums, and lists of numismatic societies, virtual collections, online search tools, discussion groups and periodicals, information which in my opinion makes this website a portal for numismatic studies. International cooperation between money museums is represented by ICOMON, the International Committee of Money and Banking Museums, an initiative of the ICOM federation of museums worldwide. Some ICOM committees offer an overview or even a database of relevant museums, but ICOMON has not yet created any substantial list on its website. At present the board of ICOMON is led by a Dutch chairman, Christel Schollaardt of the Geldmuseum in Utrecht, and by Elena Zapti from Cyprus as its secretary.

The building of the Rijksmunt, the Dutch Mint, and the Geldmuseum, Utrecht

The building of the Dutch Mint (Rijksmunt) and the Geldmuseum, Utrecht

So far Travaini’s guide brings us quickly to the most relevant institutions and resources. The section with online catalogues of specialized institutions is disappointing, with only the catalogue of the Museo Bottacin in Padova. Are online catalogues of money museums indeed rare to find? When writing this post I could not access the library catalogue of the Dutch Geldmuseum in my own home town Utrecht. Instead of complaining about this unfortunate situation I should redeem it somewhat by pointing out that the Geldmuseum founded the International Network of Numismatic Libraries (INNL). At its website the INNL gives a substantial list of numismatic libraries and their library catalogues all over the world. For Italy the Civica Biblioteca Archeologica e Numismatica at Milan (!) is listed, with a library catalogue which is integrated into the central catalogue of specialized city libraries. As for the Museo Bottacin in Padova this is a department of a larger museum. In Italy and elsewhere many museums have a numismatic department. The website Musei Numismatici Italiani lists fourteen museum departments and independent museums in Italy. It seems useful to include here at least the Museo della Zecca in Rome and its online database, and the database Iuno Moneta at the Portale Numismatico dello Stato.

Online numismatic collections are the subject of the next section in Travaini’s guide, but here her definition of collezioni online is not clear. Both the links to the Museo Civico Archeologico, Bologna, and Dumbarton Oaks in Washington, D.C.,, do bring you only to webpages concerning collections, but not to collection databases such as those of the Fitzwilliam Museum, Cambridge, and Princeton University; the link given by Travaini, however, is not to the database of Princeton, but only to the webpage of its numismatic collection. Both at Bologna and Dumbarton Oaks there is no online database for coins and medals.

Perhaps it is wise to say at this point that whatever faults or omissions the guide of Lucia Travaini may have, it certainly brings you to many important and reliable resources. It is courageous to present any guide in a nutshell, and here weaknesses in some sections have to be seen in the light of the other sections. I would not have thought about listing links to websites concerning coin findings. Travaini points to the Swiss website Coin Findings which has four URL’s depending on the language you want to read, English, French, German or Italian, and to the Corpus of Early Medieval Coin Finds, 410-1180 for the British Isles of the Fitzwilliam Museum.

In the last section of her guide Travaini lists a small number of thematic portals and bibliographies. Here the bibliographic website of Hendrik Mäkeler (Myntkabinett, Uppsala) concerning both ancient and medieval coins offers even more than just a fine bibliography which can be accessed in English, Swedish and German, but an exhaustive portal with links on any subject ranging from individual scholars, money museums and collection databases to the coin trade. Numismatik.org is a portal created by the Swiss scholar Benedikt Zäch. It incorporates the webpages of the International Numismatic Council with good information about current events. One of Zäch’s special subjects is coin findings. This Swiss portal owes its existence certainly also to the vicinity of the Münzkabinett Winterthur. The last portal Travaini mentions is the Digital Library NUMIS which in a very efficient way present a collection of (mainly links to) digitized publications.

Approaching coins from Cyprus and money museums

By now you may wonder about two questions. Will I look here at the monetary history of Cyprus at all? How do I proceed with creating my own list of museums concerning the history of coins, medals and paper money? Before answering these questions I want to point out a weakness in just looking at specialized institutions for monetary history. Coins and medals have been collected in great quantities by some of the world’s largest museums. In particular the links listed by the American Numismatic Society and by Hendrik Mäkeler contain these collections, but in a list on the English Wikipedia the information is supplemented with the number of coins which makes clear these institutions form a class of its own. Moreover, in these collections you will find in particular ancient coins from the Mediterranean. If you want to find early coins from Cyprus you are wise not to forget to look in their collections.

Thus it might be surprising to know that the Smithsonian Institution has more than 1,600,000 coins and medals in the holdings of the National Museum of American History, Washington, D.C. The Hermitage in St. Petersburg follows with more than a million objects. The Department of Coins and Medals of the British Museum, too, is home to more than one million coins and medals. I cannot help noticing the absence of an online catalogue or objects database on its very useful website, nor do the Smithsonian Institution and the Hermitage. The collection with some 600,000 coins of the American Numismatic Society in New York can be searched online using the MANTIS database. The Münzkabinett of the Kunsthistorisches Museum (KHM) in Vienna does not present an online catalogue of its own holdings – more than 700,000 objects – on its website, but it is home to a number of specialized catalogues for ancient coins and medals such as the Sylloge Nummorum Parthicorum. However, one can find some images of coins easily by tuning the image database of the KHM. The Wikipedia list mentions the Département des Monnaies, médailles et antiques of the Bibliothèque nationale de France. I guessed the Louvre would have a numismatic collection, too, but this is not the case.

Tetrobolos, Cyprus, 4tgh century BC - Dewing Collection

A silver tetrobolos from Cyprus with the head of Aphrodite, circa 351-332 BC – Arthur S. Dewing Collection, Dewing 2534 – image Art and Archaeological Artifact Browser, Perseus Digital Library

For the sake of compactness I will not discuss here all collections in this handy list at the Wikipedia, and go to the Numismatic Museum of Athens (NMA). It is a relief to view this very well-organized website with a splendid array of (mainly external) web resources. For looking at ancient coins from Cyprus you will benefit from the Sylloge Nummorum Graecorum, a project of the British Academy. The section on numismatics of the bibliography in the Bibliotheca Classica Selecta, a project at the Université de Liège, is not to be missed. The NMA provides a link to the website Digital Historia Nummorum of Ed Snible with a fine section on Cypriote coins, even though it relies on rather old literature. Some of these works are still valuable. In the Digital Library NUMIS I found among publications from this century also a digitized version of a book-length article by Jan Pieter Six, ‘Du classement des séries cypriotes’, Revue Numismatique, 2e série, 1 (1875) 249-374. In fact this article builds heavily on the collections of the large general museums in Europe, and apart from the collection at Winterthur much less on the collections of specialized independent institutions. A last link adduced by the NMA is the Art and Archaeology Artifact browser of the Perseus Digital Library, the well-known project of Tufts University, where you can look for coins from ancient Greece. Among the large collections of major European cultural institutions I would like to mention the numismatic collection of the Bode-Museum, now part of the Staatlichen Museen zu Berlin-Preussischer Kulturbesitz. You can find its coins and medals both in the online catalogue of the Münzkabinett, and also among the images at SMB-Digital.

In the last paragraph I finally presented some online information about ancient Greek coins with a focus on coins from Cyprus. I have not become overnight a specialist on ancient coinage nor a scholar focusing on economic history, but it is possible to find quickly some reliable roads to the materials and issues you face when dealing with these subjects. Incidentally the NMA cooperated with the British Museum for the Presveis exhibition on the history of European monetary unions before the euro. The links presented and discussed here amount to building materials for a more substantial answer to the initial question about the history of money on Cyprus. With regard to the second question, the creation of a sensible list of money museums, it seems you have to combine information from several resources in order to create a new – and preferably commented – list of money and banking museums. I would like to include links to online catalogues and survey projects, too. As for now the museums list provided by the American Numismatic Society, at the INNL website and by Hendrik Mäkeler present us together a fairly reliable overview of major and minor institutions in the field of numismatic collections.

An obstacle for creating a new list is the very low number of museums I detected so far featuring the history of banking. No doubt some money museums do deal with this subject, but few museums focusing more exclusively on banking, banks and their history have surfaced on the websites I visited for this long post. Banks and their history fully merit a new post on my blog, and the crisis of the Cypriote banks is just one example that needs further exploration. I scarcely need to admit it was hard to find a place for legal history in this first post on money and museums. Until that post arrives here you might already profit from the rich links collection on banking history provided by Roy Davies of the University of Exeter.