Tag Archives: Archives

Sailing letters, the sequel

Logo Sailing Letters

A year ago I wrote two posts about the history of pirates both from Antiquity onwards and nowadays. One of the projects related to the history of piracy I mentioned briefly in 2011 is the joint project Sailing letters: letters as loot of the Dutch Royal Library, the Dutch National Archives, the National Archives at Kew and Leiden University. Last year the Dutch television made a series of documentaries about these letters which were detected thirty years ago in the archives of the High Court of Admiralty. On Thursday April 5, 2012, the Dutch KRO television started a second series featuring stories around selected letters, called Surfaced letters (“Brieven boven water”) (TV 2, 20.25 h.). The new series is worth attention. As a matter of fact some links in my 2011 post have changed, and this is an opportunity, too, to present the new links, and to expand on this international research project.

An unexpected letter collection

Britain and the Dutch Republic fought a number of wars during the seventeenth and eighteenth century. English privateers got letters of marque, licences from the High Court of Admiralty to capture Dutch vessels and everything aboard. The American War of Independence was another pretext for this looting activity. The High Court of Admiralty, more specifically its Prize Court, had to judge whether the capture had been done rightfully. Appeals from this court were heard by the High Court of Appeal for Prizes. The privateers were especially keen on getting log books and letters with information that might be of use to fight the Dutch enemy. The National Archives have created a fine research guide to the materials held in the archives of the High Court of Admiralty, including a very useful glossary of selected terms.

After the verdict on the cases the letters remained with the High Court of Admiralty, where some 38,000 letters gathered dust. A scholar in the field of maritime history detected the collection in the early eighties. In 2005 Roelof van Gelder started making an inventory of the letters. His report from 2005 – with a summary in English – has vanished from the Royal Library’s website, but can now be found at the website of the Dutch National Archives. Van Gelder published the book Zeepost: nooit bezorgde brieven uit de 17de en 18de eeuw [Seapost. Undelivered letters from the 17th and 18th century] (Amsterdam 2008; third edition, 2010) with a general introduction to the letters and a number of letters (in modified Dutch). The progress of the project and news are documented in the Nieuwsbrief Sailing Letters.

15,000 letters deal with private matters, and in particular these letters are used by the project team to study the development of the Dutch language, and to get a much more detailed insight into the language used by ordinary people. On the project website – both in Dutch and English – every month a letter is put in the spotlight. A number of books have appeared with either letters around a particular theme or studied from a specific angle. At Leiden a webpage of the project contains an overview of these publications. The National Archives in The Hague have put together a more recent list of relevant literature.You might check for more in the Digital Bibliography for Dutch History. The database for the sailing letters has recently moved from a server at the Dutch Royal Library to a server at the Dutch National Archives, in The Hague literally located next door to each other. A selection of remarkable letters is presented and commented on online.

A television series around captivating letters

Both series by KRO television are presented by Derk Bolt, in my country known as the anchorman of a very successful program in which he helps people to find lost relatives and relations. Almost inevitably something of the somewhat romantic – at its worst sometimes outright melodramatic – atmosphere of that program is present in both historical series, too. This is reinforced by the choice in the program to try to deliver the letters to present-day relatives of the original letter writers or addressees, and to trace their lives. The main objective seems certainly to bring in a way a historical version of the contemporary program. However, it is to the credit of Derk Bolt that he remains as calm and clear as ever. The drama is in the eyes and mind of the public. If you have missed the two installments of the 2011 series or the new series, you can view them at the KRO’s special website for the program.

In the first installment of the 2011 series the very discovery of the letters in 1980 by S.P.W.C. (Sipke) Braunius is briefly narrated. Braunius did research on the history of corporal punishments as a part of maritime law. Looking for documentation about the cruel punishment of keelhauling on Dutch navy vessels he went to the Ashridge Estate near London, where he found an immense unordered mass of letters, some of them damaged but for the most part still unopened. A few years later this find was transferred to the National Archives. Thus a legal historian was responsible for finding materials which are viewed mainly as the dream of linguists, a centuries spanning corpus of primary materials for the colloquial use of a language.

It is clear the letters shed lots of unexpected light on daily life from the second half of the seventeenth century until the end of the eighteenth century, but it is also possible to combine them with the records about the captured vessels. The detective work needed to accomplish studies using both these letters and the fate of the ships, their crews and cargos is surely a challenge, but it is so much more rewarding than viewing them only as a source only of interest for linguists and genealogists. They are right to rejoice about this massive collection, but others have every chance to get their rewards from the use of these sources.

Legal historians wanting to go this path will have to make themselves familiar with maritime law and history, and to find the way in the particular journals and monographs of these disciplines. I will not try here to present a guide to Dutch maritime law in a nutshell, but the least I can do is point you to the online catalogue of the materials in eleven Dutch maritime museums at Maritiem Digitaal. At this portal you will also find links to three blogs on maritime history. The links selection on this website with an interface in Dutch, English, French or German is very generous.

A postscript

On April 12, 2012, the second installment of the new television series did redress the balance a bit between the focus on genealogy and the context of the people at sea. The second part of this installment featured the story of Martinus Bruno, crew member of the ship Het Wapen van Hoorn, whose deposition in 1672 for the High Court of Admiralty was commented upon by Anne Goldgar (King’s College London). Bruno stayed in England. The second tv series consists of six installments (Thursday, Nederland 2, 20.25 h.).

A second postscript

On October 8, 2012 the Meertens Institute for Dutch Ethnology (Amsterdam) launches the website Gekaapte brieven, www.gekaaptebrieven.nl (Looted Letters) with a few thousand transcribed letters. Dr. Nicoline van der Sijs, a renown linguist, has guided 110 volunteers in transcribing the letters. The online database and images will also facilitate research for legal historians. Interestingly, not only letters in Dutch will be published online. Letters in English, German, Danish, Spanish and Italian are announced as well.

Historical British newspapers at a price

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

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

Paying for digitized British sources

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

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

Historical newspapers online in Britain and elsewhere

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

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

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

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

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

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

Dutch historic newspapers

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

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

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

The value of old newspapers and the costs of historic culture

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

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

A postscript

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

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

Savigny at 150 years

Friedrich Carl von Savigny, the founder of the German Historical School, died on October 25, 1861, today exactly 150 years ago. In his birth town Frankfurt am Main the International Max-Planck-Research School for Comparative Legal History organizes a two-day conference to commemorate Savigny. The conference with the title Savigny International? looks in particular at the influence of Savigny outside Germany. Savigny’s works have been translated into many languages. At the Goethe-Haus in Frankfurt Joachim Rückert will present a study with fifty contemporary portraits of Savigny and a new biography. If you want to find quickly some portraits of Savigny you could try using BPKGate, the image portal of a number of museums in Berlin, or look at at the online version of his biography in the Neue Deutsche Biographie. I point to some portrait databases at the end of my webpage concerning digital collections. In this post I will look in particular at the ways one can access Savigny’s legacy in libraries and archives using archive portals and other gateways.

An icon of German law and science

The highlights of Savigny’s life are well-known and need scarcely extensive description. He studied law in Göttingen and Marburg where his interest in legal history was awakened and fostered. From 1800 to 1804 Savigny taught at Marburg. He came in close contact with major figures of the German Romantic movement and even married Kunigunde Brentano, a sister of Clemens Brentano. In 1803 Savigny published a monograph on possession, Das Recht des Besitzes. Not only was this monograph a model of its kind, but it dealt with one of the most discussed and vital subjects of law in the age of the French Revolution and the Industrial Revolution. Savigny taught from 1810 onwards at the new university of Berlin. An academic debate with Anton Friedrich Just Thibaut about the role of law in German society and the need for a German code of civil law led Savigny to the publication of Vom Beruf unserer Zeit für Gesetzgebung und Rechtswissenschaft [On the call of our time for legislation and jurisprudence] (1814).

In 1815 Savigny founded with Karl Friedrich Eichhorn and Johann Ludwig Göschen the Zeitschrift für geschichtliche Rechtswissenschaft. Already before the start of his opus magnum on the history of Roman law in the Middle Ages, Geschichte des römischen Rechts im Mittelalter (first edition 6 vol., Heidelberg, 1815-1831) Savigny emerged as the foremost lawyer of his generation. In the field of contemporary law his System des heutigen römischen Rechts (8 vol., Berlin 1840-1849) is his most voluminous publication and certainly one of his most influential works. In the digital library of the Max-Planck-Institut für europäische Rechtsgeschichte, Frankfurt am Main, you can consult online several of Savigny’s works. The number of editions of Das Recht des Besitzes is just one of the signs indicating the place of Savigny.

Savigny’s influence and his legacy

Savigny was not just influential through his teachings. He was in close contact with many German and foreign scholars. In his own Zeitschrift he announced in 1817 Barthold Niebuhr’s discovery of the palimpsest manuscript at Verona with the text of Gaius’ Institutiones (Verona, Biblioteca Capitolare, XV (13)). Niebuhr thought Ulpian was the author of the text he had discovered, but Savigny judged otherwise. In the project Savignyana of the Frankfurt Max-Planck-Institut a series appears since 1993 with both editions of Savigny’s lectures and studies on his work. The discovery, study and editing of the Gaius manuscript is a major theme in Cristina Vano’s Der Gaius der Historischen Rechtsschule. Eine Geschichte der Wissenschaft vom römischen Recht (Frankfurt am Main 2008). The latest volumes in the Savignyana series are a collection of articles by Joachim Rückert, Savigny-Studien (2011) and the volume on portraits of Savigny, Savigny-Portraits, Joachim Rückert, Beate Rizky and Lena Foljanty (eds.) (2011).

Savigny’s material legacy is not to be found at just one German city, because Savigny does not belong to one city, and thus apart from the Staatsbibliothek Berlin-Preussischer Kulturbesitz and the Universitätsbibliothek Marburg it is also in particular at the Universitäts- und Landesbibliothek Münster in the Nachlass Savigny that papers of and letters to and from Savigny are preserved. The Staatsbibliothek in Berlin got also a number of manuscripts once owned by Savigny which now have the signature Mss. Sav. The Kalliope database for searching papers and autographs in German holding yields a rich harvest for Savigny at several German institutions. Unfortunately today Kalliope could not be reached directly. In fact this makes it even more interesting to look at gateways to archives and libraries, because there is a gateway to Nachlässe, literary papers and letters at the European level which gives you access to the data of Kalliope. MALVINE, “Manuscripts and Letters via Integrated Networks in Europe”, allows you to search in Kalliope, the British Library, the national libraries of Portugal and Austria and three other institutions. Thus you will find a letter by Savigny in the manuscript British Library, Egerton 4207, fol. 140-141, a letter from 1861 to Franz Brentano kept at Graz, but first of all some 1900 entries at Kalliope. Happily a second link to Kalliope does function as it should.

The CERL Portal, too, offers access to Kalliope, but this is the only catalogue it shares with MALVINE. It brings you for example to a student’s transcript from 1830 of Savigny’s lecture “Institutionen des Römischen Rechts” now kept at Schwerin, to comments from 1822 on a book about legal history and an undated engraved portrait in the Wallers Manuscript Collection of Uppsala Universitet.

The digitization of Savigny’s papers at Marburg in the Savigny-Datenbank has made accessible online a number of manuscripts with notes and drafts of articles, his university lectures, letters, personal documents and miscellaneous papers. The scope and range of Savigny’s correspondence is truly imposing. The Savignyana series is not the only series in which letters by Savigny are published. To mention only a few of the most recent editions, Bernd Reifenberg edited letters to Johann Ludwig Göschen kept at Marburg (Mein lieber theurer Freund… (Marburg 2000)), and letters by and to Savigny are part of volume 31 of the Weimarer Arnim Ausgabe with the works of Achim von Arnim (Werke und Briefwechsel, vol. 31, Briefe 1802-1804, Heinz Härtl and Roswitha Burwick (eds.) (Tübingen 2004)).

I hoped to find much more on Savigny at the BAM-Portal for combined searches in the holdings of German museums, libraries and archives, but it is disappointing to find only results from Kalliope, a small number of digitized works – mainly reproducing the list which you get using the Zentrales Verzeichnis Digitalisierter Drucke (ZVDD)- and a few portraits available through the BPKgate. Only for German archives the search at the BAM-Portal gave some twenty results which would not have been easily found separately. The ZVDD does not connect to the digital libraries of the Max-Planck-Institut in Frankfurt am Main, and this diminishes the value of searches in the ZVDD for subjects concerning legal history. It is also frustrating the ZVDD does succeeds bringing you to works by Savigny digitized at Munich for the Digitale Sammlungen, but that you cannot find these books using the Munich interface. Only using the OPACPlus of the Bayerische Staatsbibliothek you can find them directly in Munich.

By now you are probably fully aware that the commemoration of Savigny serves here also as an opportunity to conduct research in a number of online portals and gateways, and to comment on their qualities and functions. The Archives Portal Europe is another example of a recently developed gateway to sources. It appears to me as very natural to try using it for purposes touching legal history. A first search for Savigny brings you nine results from France which concern places called Savigny, such as Savigny-le-Vieux and Saint-Jean de Savigny. Of the eighteen search results six are concerned with the Nachlass of Arnold Ruge (1802-1880) at the Bundesarchiv in Koblenz.

Friedrich Carl von Savigny

A lithographed portrait of Savigny, around 1850; Collectie Protestantse portretten, Vrije Universiteit Amsterdam

The Europeana Portal is only slightly better in bringing to light texts by Savigny and images at institutions all over Europe, mainly from Germany, 36 printed texts and 21 images in all, mostly letters and some portraits. The European Library brings you mainly to books by and about Savigny which one can find also in ordinary library catalogues. Only on second thought I looked for institutions holding Savigny’s papers in the Nachlassdatenbank of the German Bundesarchiv, which mentions apart from the collections at Marburg and Berlin also the papers left from Savigny’s time as a statesman kept in the Geheimes Staatsarchiv at the Staatsbibliothek Berlin. Between 1842 and 1848 Savigny had a role akin to that of a special advisor on law to the Prussian government with the rank of a minister. Earlier he had already been a Staatsrat and involved in the Prussian administration. A fourth collection is concerned with Hof Trages, the Savigny family estate.

The only Dutch results at this archives portal – still in its beta-version - are notes for an essay on Savigny from 1968 by the late Roeland Duco Kollewijn (1892-1972), professor for international private law at Leiden, found among his papers now kept at the Dutch National Archives. The Dutch portal Archieven.nl is now also available in a German version called Findmittel. It brings only Hof Trages to my attention, an estate in the Hessian village Freigericht-Somborn – near Hanau – still owned by the Savigny family, where around 1800 the Brentano’s, the Von Arnims, the Grimm brothers and the Gunderodes often met. Savigny was first buried at Berlin, but his tomb is since 1875 in the crypt of the family chapel at Hof Trages. More on Hof Trages and Savigny’s agricultural and seigniorial activities can be found in a study by Sebastian Günther, Friedrich Carl von Savigny als Grundherr (Frankfurt am Main, etc., 2000). Let me not forget to notify you that at Thematis, the second Dutch archives portal which connects to thirty archives and a number of image databases, I did not find anything on Savigny.

Incidentally the placename Freigericht is in German also the word for the tribunal in a Freigrafschaft and for the late medieval vehmic courts (Femegerichte), secret courts which offered no possibility for appeal. It strikes me as remarkable that Savigny had so to speak a subject of German legal history very often for his eyes, but that he led his research in another direction, the influence and role of Roman law. Did he perhaps react against the romantic views on German medieval history of his contemporaries, in particular within the circle of Romantic poets with whom he was personally acquainted? Did he leave the study of medieval German law on purpose to his scholar Jacob Grimm? No doubt this question, too, has been dealt with in the very extensive literature on Savigny who had a pivotal position both in the organization of legal Germany and in the German Romantic movement.

Savigny’s library has not been held together after his death. A rather large number of books was sold in the twentieth century to libraries in Japan. In the Savigny-Bibliothek of Toin University in Yokohama some of the books once owned by Savigny have been digitized. Kyushu University Library holds a number of manuscripts with some of Savigny’s lectures and lectures by a number of his contemporaries. Heinz-Peter Weber published a book on Die Bibliothek des Friedrich Carl von Savigny in der Universitätsbibliothek Bonn (Bonn 1971). The collection at Bonn sold to this library by the Savigny family in 1959 is truly remarkable, even if some twenty percent of Savigny’s books is no longer in Germany.

Much more can be said about Savigny, one of the few German lawyers who gave his name to a foundation, the Savigny-Stiftung, responsible for the publication of by all accounts one of the most important legal history journals, the Zeitschrift für Rechtsgeschichte. Savigny opposed vehemently the codification of German law and helped bringing the study of Roman law at new heights. Even now his views sometimes divide German legal historians. Whenever the sparks of such clashes of opinion lead to new questions and renewed research on the developments and impact of law and justice in history this can only be helpful and enriching.

Gouda and the visual power of a town hall

This weekend I visited Gouda. When you are going from Utrecht to Rotterdam or The Hague you have to pass Gouda, but I have only seldom visited this town which belongs to the group of classic Dutch towns in the medieval county Holland. It was difficult to take pictures of the Sint Janskerk in Gouda and its magnificent sixteenth-century stained glass windows. It was a rainy day, the church is enclosed by other buildings, and photographing church windows is an art in itself, and thus I will not present here any picture of this church. After a fire in 1552 the Sint Janskerk was rebuilt very quickly. New stained glass windows were donated by cities like Haarlem and Amsterdam, by collegiate chapters such as the Oudmunster chapter in Utrecht and other institutions. William of Orange founded a window, as did even the Spanish king Philip II. The original drawings for most of the 72 windows have largely been preserved, and they will be put on display at MuseumGouda from November 22, 2011 onwards after restoration of the paper of these life size drawings.

The gothic town hall of Gouda

Apart from the Sint Janskerk, one of the largest churches in The Netherlands, the gothic town hall at the market place of Gouda is the town’s chief attraction. It takes pride of place on the websites devoted to the history of Gouda. The archives of Gouda are now kept by the archival consortium Groene Hart Archieven with centers in Gouda and Alphen aan den Rhijn. On its website the building story of the town hall is told in some detail. A fire in 1438 had damaged the old town hall. At last between 1448 and 1450 the work began for a new town hall designed by Steven van Afflighem. Gouda became prosperous because of its central position at the Gouwe river on which in medieval and early modern times freight from all Holland had to pass. The route using the Gouwe was the quickest way for merchants between Amsterdam and cities like Haarlem in the north, and Dordrecht and Rotterdam in the south. Add to this the proverbial Gouda cheese from the rich meadows surrounding this small town, calculate a loss of importance during the Golden Age of the Dutch Republic, and thus a medieval town hall can survive.

The medieval facade and the renaissance steps of Gouda Town Hall

The new town hall has not survived completely in its late medieval form. The flight of steps in Renaissance style dates from 1603. You might think this post offers you until now only regional history, but at the long side of the town hall you can detect a pillory, a pedestal on which offenders could be mocked and denounced by the people. The town hall served also as a court building. At the back of the building is a scaffold from 1697. It was on this scaffold that in 1860 the death penalty was executed for the last time in The Netherlands.

The entrance of Gouda Town Hall

At the entrance of Gouda Town Hall is written Audite et alteram partem, “Hear also the other side”, a well-known juridical maxim, an indispensable element of fair justice and the concept of due process. I was surprised by the plural Audite instead of the singular Audi. No doubt the gold lettering is rather modern, and the letter forms suggest a date in the seventeenth century, but these words might have been written here earlier on, too.

The gate at the MuseumGouda

On my way to the Sint Janskerk I passed inevitably the former Catharina Gasthuis, an old hospital, now the premises of MuseumGouda, the municipal museum, with a beautifully restored Dutch Renaissance gateway, dated 1609. Somehow I was in particular intrigued by the relief above the entrance. Inside the museum you can find a historical collection, instruments of torture from the town hall, paintings from Gouda and temporary exhibitions. A part of the collection is shown in the former chapel of the hospital. Above one of the doors I saw a statue representing Justice as a woman with a sword and a balance. Interestingly her eyes are not blindfolded.

A relief with Lazarus

However, the relief at the gateway called plainly stronger for my attention. The story depicted and the use of polychromy are to be blamed! The main scene shows the table of the rich man from the story about Lazarus in the gospel of Luke (16,19-31). The scene illustrates verse 21 (King James Bible):

And desiring to be fed with the crumbs which fell from the rich man’s table; moreover the dogs came and licked his sore.

In the scene Lazarus looks up to the rich man, but at the same time Lazarus seems already to see the vision of himself in Abraham’s bosom depicted in the niche above the scene in the dining room. The story of Lazarus and the anonymous rich man is a story of justice and mercy, two elements which cannot be taken from any form of effective law and justice without taking away the very heart of what laws, judicial institutions and the actual working of the rule of law are meant to be. The contemporary clothing of the people in this relief followed the tradition of Dutch art to present biblical stories in present day surroundings. Alas it is very easy to imagine a scene of tremendous richness and appalling poverty side by side in our times, too.

Dirck Coornhert, philosopher and social reformer

Social conditions can form the starting point for a moral appeal. In sixteenth-century Haarlem lived Dirck Volckertszoon Coornhert (1522-1590), an independent thinker and prolific writer. For some years Coornhert served as a secretary to the States of Holland. He suffered from persecution, and had even to leave the Netherlands for some ten years. When he returned he went to Delft, only to face again opposition. In 1588 he came to Gouda, where he was buried in the Sint Janskerk. In 1587 Coornhert wrote a proposal for disciplining ruffians, Boeventucht; a modern edition (1985) of this text has been digitized in the Digital Library for Dutch Literature. Coornhert had a view of criminals working during their stay in prison. During the seventeenth century his ideas were adopted by a number of Dutch cities. A large number of old editions of Coornhert’s writings has been digitized by Amsterdam University Library, in particular the opera omnia edition “Werken van D.V. Coornhert” published by Jaspar Tournay in Gouda between 1610 and 1612. The edition of sources for his life edited in 1925 by Bruno Becker has been digitized at the Institute for Dutch History.

For legal historians not only Coornhert’s proposal for a new prison regime is of interest. The Coornhert Liga, a Dutch society for the reform of criminal law, is named after Coornhert. He quarreled with Justus Lipsius about the repression of heretics. Vrijheid van conscientie, freedom of conscience, was the motto devised by Coornhert for the city of Gouda. This motto is also prominent in the glass window in the Sint Janskerk offered to Gouda by the States of Holland. Some of the windows show images that are relevant for legal iconography, too, and therefore they have been included together with other images from Gouda in the database of the former Dutch Center for Legal Iconography and Documentation (NCRD). Earlier this year the Royal Library confirmed the release into the public domain of this subscribers-only database, but until this day this has not yet been realized. In the first post of this month I have said enough about restricted access. I will just add that the former NCRD was an institution financed by all Dutch universities.

Gouda and Dutch legal history

Gouda is proud of its history. It has even developed its own historic canon in the wake of the current Dutch vogue for historic canons. In the Goudse Canon you can read about the town hall, the Sint Janskerk and Coornhert, three of the forty subjects, and also about Erasmus. Gouda has a claim on Erasmus because his mother came from Gouda. Erasmus went to school nearby Gouda. In Latin this Gouda claim has been concisely put: Goudæ conceptus, Roterodami natus, begotten in Gouda, born in Rotterdam. The canon of Gouda’s history does include the Waag, the weigh-house from 1670 at the Markt, the place where the cheese commerce in Gouda cheese took place before industrial production took over from the commerce on and near the market place. Gouda cheese comes from the area surrounding town, not from Gouda. The name Gouda cheese is not protected, and thus production of it is possible anywhere.

The Gouda Canon website shows apart from the well researched topics an excellent choice of illustrations and connects you to the AquaBrowser catalogue for associative searches in the city library’s GoudaNet. The website of the GroeneHart Archieven includes an image database which will help you to get more pictures about Gouda and the surrounding region. It is definitely a city with a history bringing enough assets for legal historians, even when it is of course rather grim to see at one side instruments of torture and the historical pillory and scaffold, and at the other side room for a pioneer of legal reform. It can do no harm to realize that the dark and sunlit sides of history are part of one history with many tales, a history in which justice and law have not always succeeded to reach their original aims.

A reproduction of Redon's "Fallen angel" outside MuseumGouda

Is it merely a coincidence to find a reproduction of the Fallen angel by Odilon Redon (1840-1916) next to the entrance of MuseumGouda with the Lazarus relief?

A postscript

The question at the end of this post is indeed not rhetorical. MuseumGouda had in June 2011 the painting The Schoolboys by Marlene Dumas auctioned at Christie’s without prior consultation with other Dutch museums which might have been interested to have this painting in their holdings. MuseumGouda got some € 950,000 from the auction, but ran into severe criticism from the Dutch Museum Society which had advised that MuseumGouda doing thus would act inappropriately and against clear guidelines of this society. The Dutch Museum Society even considered to cast MuseumGouda from the society. By the way, the Fallen angel is a painting in the holdings of the Stedelijk Museum in Amsterdam.

Centers of legal history: Paris

Perhaps writing about historical research in Paris is bringing coals to Newcastle. Is there any real need for yet another attempt to bring information together? If you want to study France and French legal history you will be able to read French. If you are convinced French scholars have said all you would like to know, just skip this post, I will not feel offended… The Portail Numérique de l’Histoire du Droit and Paolo Alvazzi del Frate’s blog Storia giuridica francese-Histoire juridique française are two of the safest points of depart for any research into French legal history, but you will soon admit they do not focus in particular on institutions in Paris.

A month ago I could point in a post on French customary law to a useful guide to legal history online created by the Bibliothèque Cujas, and it is certainly wise to use it. For the legal history of medieval France you can start visiting Ménestrel, in particular for the great sections on auxiliary historical sciences, such as diplomatics, palaeography and sigillography which are each models of its kind, as is the section on cartularies. However, the section Histoire du droit contains only a few links, albeit with full commentaries, and a few book reviews. An earlier version of Ménestrel had a section on medieval canon law, but now there is only a paragraph on the ecumenical councils in the section on religious history. The section on France offers a useful overview of institutions, libraries, archives and museums relevant to French medieval history. In this post I will give slightly more attention to medieval history than to other periods. I hope this will not be an obstacle to seeing the core of this post, Paris as a center for doing legal history.

Centers for legal history

Where to start in Paris? In view of the high degree of centralization in France the Centre National de Recherche Scientifique (CNRS) has a claim to take the first place. Its Institut d’Histoire du Droit (IHD) is associated with the Université Panthéon-Assas Paris-II and the Centre Historique des Archives Nationales. This spring the IHD offers a seminar led by Isabelle Brancourt on the history of the French parlements, the regional high courts, and royal justice during the Ancien Régime in an European perspective. Isabelle Brancourt blogs regularly about her research on the Parlement de Paris. At its website the IHD offers access to a large number of databases, starting with the DRoits ANTiques bibliography on ancient law. Most databases are concerned with the French judiciary. The oldest records, registers from the archives of the Parlement de Paris, can be tracked down with the help of the Olim database, an index to the registers of verdicts of the royal court between 1254 and 1319. Similar indices are provided for the fourteenth and fifteenth century, for the parlement during its period at Poitiers (1418-1439) and Tours (1589-1592), and for the parlement criminel between 1311 and 1328. The edition by Auguste-Arthur Beugnot, Les Olim, ou registres des arrêts rendus par le Cour du Roi (…) (4 vol., Paris 1839-1848) can be consulted online at Gallica. At the Hathi Trust Digital Library you can find the volume edited by Edgard Boutaric, Arrêts et enquêtes antérieurs aux Olim, 1180-1254 (Paris 1863). The IHD has microfilms of relevant manuscripts and further materials concerning French royal jurisprudence, including a refined thesaurus for defining the character and subjects of cases, and a bibliography of publications concerning the Parlement de Paris.

A second centre at the Université Panthéon-Assas Paris-II is the Centre Sainte Barbe. This center is host to the Institut de Droit Romain and its famous series of Friday lectures during every winter and spring by scholars from all Europe. Its building house also a library, the Bibliothèque Sainte Barbe. More lectures, seminars and workshops in Paris are announced by the Société d’Histoire du Droit, also seated at the Place du Panthéon. Apart from the Bibliothèque nationale de France Paris can boast a number of important libraries. Legal historians will find much at the Bibliothèque Cujas of the Université Sorbonne Paris-I. This library maintains Jurisguide, a special site with online guides to many fields of law and jurisprudence, including legal history. Some books in its rich holdings have been digitized in its own digital library, with not only French publications but also editions for medieval canon law. The online exhibition on the bicentenary of the Code civil (1804-2004) amounts to a short introduction to French legal history. Among the Parisian centers devoted to the study of modern legal history is also the CERAL, the Centre de Recherche sur l’Action Locale of the Université Paris-XIII. Slavery and its history get attention at a CNRS institute, the Centre International de Recherches Esclavages. Criminocorpus, the platform for the study of the history of justice, crimes and punishments, is another major project in which CNRS, the Centre d’Histoire des Sciences Po, the Ministère de la Justice and the Archives nationales de l’outre-mer cooperate.

Medieval canon law

Medieval canon law is one of the areas of interest at the Centre Droit et Sociétés Religieuses of the Université Paris-XI, Faculté Jean Monnet. This center, too, has its own library. François Jankowiak is responsible for GREGORIUS, an international bibliography for the history of medieval canon law. Even at home you can benefit from their list of works on medieval canon law and medieval religious institutions digitized by Google Books or presented at Gallica. Both for the history of canon law and for modern ecclesiastical law the Institut Catholique de Paris has a special library, the Bibliothèque de la Faculté de Droit Canonique. Here it is appropriate to mention the Deutsches Historisches Institut Paris and the ongoing work for Gallia pontificia, the edition of medieval papal documents in France.

The old libraries and manuscripts

Let’s not forget the old libraries in Paris: the Bibliothèque Mazarine has rich holdings for the Ancien Régime. Among the digitized treasures is one of the mazarinades, the various texts from the turbulent period of the Fronde in which the policies of cardinal Mazarin were often criticized. The illuminated medieval manuscripts of this library and those of the Bibliothèque Sainte-Geneviève can be consulted at the Liber Floridus website. The Bibliothèque Sainte-Geneviève has for the Fonds Général its own digital collection in the Internet Archive. For the Réserve there is a digitization plan for the incunables, and La Nordique, the Scandinavian department, deserves at the very least a mentioning for its 160,000 books. Speaking of manuscripts, the Bibliothèque nationale de France has its own special website for searching manuscripts, which also covers the former Bibliothèque de l’Arsenal. Your research for manuscripts in Paris can be reinforced by the search functions of the Catalogue collectif de France. Calames, the collective manuscript catalogue of French institutions for higher education, searches for manuscripts in eighteen (!) other Parisian libraries.

Archival records

The French national archives are busy building a third center at Pierrefitte-sur-Seine. The importance of these archival collections is beyond question. The ARCHIM database of the Archives nationales contains a wealth of digitized archival records. A few examples will have to suffice, such as the records of the 1307 interrogation concerning the Templars (J 413, no. 18) and registers of the French royal chancellary during the thirteenth and fourteenth century, a small set of key documents concerning the French Revolution and constitutions from 1791 to 1958. You will soon see that many of the sources mentioned for example in the online database guide to the history of slavery and its abolition are to be found at the Archives nationales. The municipal archives of Paris are certainly as interesting. It is not possible to make a short list of the many judicial archives of this city, including the records of several prisons. Among their digitized sources are the pre-1860 cadastral plans of Paris and annexated comunes.

Other research institutions

Approaching the great institutes for historical research means again posing the question of priority: with which institute should you begin? Fortunately legal history, and more specifically institutional history and the auxiliary historical sciences have been at the heart of the École nationale de Chartes (ENC) since its start in 1821. The ENC has been the model for institutes of its kind in Europe. The ENC, too, has an important library, with its own small digital library. Almost embarrassing is the series of websites with digitized sources: the ELEC presents such things as eight digitized cartularies from the Île-de-France, accounts of the consuls of Montferrand, a bibliography of studies on French diplomatics, a formulary book for notaries from the fifteenth century, the Edict of Nantes and earlier pacification edicts, and charters of the royal abbey of Saint-Denis. The digitized version of Ducange’s Glossarium infimae et medii latinitatis rightfully has its own website. Through the TELMA website you can gain access to actes royaux, the Cartulaire de Nesle, to CartulR, an online repertory of medieval cartularies, to editions of charters dating before 1121 in French collections, enquêtes of the last Capetian kings, and to ordinances concerning the Hôtel du Roi. In 1839 the ENC founded one of France’s oldest historical journals, the Bibliothèque de l’École des Chartes. Old issues of this journal can be consulted online at Persée.

The École des Hautes Études en Sciences Sociales (EHESS) is home to a large number of équipes of which at least some do touch upon legal history. I would single out GAHOM, the Groupe d’anthropologie historique de l’Occident Médiéval, founded in 1978 by Jacques Le Goff and led by Jean-Claude Schmitt since 1992. Human behavior in historical context is the research subject of this équipe, which has for instance studied medieval exempla for the perspectives these texts offer on exemplary behavior, and more implicitly about do’s and don’ts.

From GAHOM stems GAS, the Groupe d’anthropologie scolastique. A seminar on ecclesiology and politics has just been held, another seminar on concepts of hierarchy runs until April. Two members of this équipe, Charles de Miramon and Maaike van der Lugt edited an essay volume, L’hérédité entre Moyen Âge et Époque moderne. Perspectives historiques (Florence 2008), with contributions on hereditary law and heredity in its widest sense. Building on the pioneer research of Palémon Glorieux this research group has developed a database for searching theological quodlibeta from Paris in the period 1230-1350. After subscribing to Quodlibase you can find not only theological debates, but also some questions about legal problems. Norms and values and their development in time are the central themes of the well known Centre d’études des normes juridiques “Yan Thomas”. This centre regularly invites legal historians. Among the projects for databases and research tools at the Centre des Recherches Historiques of the EHESS one finds a project on the “Ars Mercatoria”, books on commerce and commercial law between 1700 and 1820, and a project on legal books in print from the fifteenth to the eigtheenth century.

Formally part of the École Normale Supérieure, but also a research group of the EHESS is the Atelier Simiand. One of its research themes are law and economic history. In the field of history the ENS cooperates with the ENC, and let’s not forget the libraries of the ENS: the Bibliothèque Jourdan-Sciences humaines et sociales and the Bibliothèque Ulm-Lettres et Sciences Humaines are worth noting. As an historian I have to mention the ENS’s Institut d’Histoire Moderne et Contemporaine. Among the online services is the bibliography of French history to 1958 and a bibliography of scientific works printed in Rome between 1527 and 1720. One of the projects is concerned with an edition of letters from the Archivo Datini in Prato. Seeing among the online exhibitions of the ENS an exhibition from 2006 on the Dreyfus affair, “Savoir et engagement”, reminds me of another very well documented online exhibition concerning Dreyfus – “1906 Dreyfus réhabilité” – created by Culture.fr which can be consulted in English, too.

Some breathing space…

The cornucopia of Paris has more in stock! Let’s notice halfway that I am very much aware that you can find more information in printed guides to resources for historical research in Paris. A quick check tells me most of them restricted themselves to clearly defined areas and periods, for example David Spear’s article ‘Research facilities in Normandy and Paris: a guide for students of medieval Norman history’, Comitatus 12 (1981) 40-53. If you use the World Guide to Libraries you will find perhaps too much, and on a site like Libdex not enough, at least not for Paris. Steering a middle course on the oceans of knowledge calls to mind a lot of famous quotes, including last words, and I had better wait until the end of this post before unveiling my choice.

…and continuing

With the Liber Floridus and TELMA websites we encountered in fact already the Institut de Recherche et d’Histoire des Textes (IRHT). The services for medievalists of this institute in Paris and Orleans are manifold. Manuscript studies are not really feasible without the IRHT. The scholars of the IRHT and their online databases support this field of research. For legal historians the Base Budé for the transmission of ancient and medieval texts, the Pinakes database of texts and manuscripts in Greek, and the JONAS database for texts in medieval French and Occitan deserve highlighting. The JONAS database gives for example information about manuscripts and studies on Philippe de Beaumanoir and his Coutumes de Beuavaisis.

For the French Revolution Paris has a special institute, the Institut d’Histoire de la Révolution Française. Anyone working on this epoch will benefit from the resources of this institute. On the website I would like you to enjoy in particular their excellent list of digital image collections. Approaching modern times it warms me to read that the library of the Fondation Maison des Sciences de l’Homme Paris was created also with a view to the needs of the GAHOM research group. Even when law and its history is not often the focus of the MSH its research themes do bear upon them, and they offer welcome orientation. The Parisian branches – there is also a MSH Paris Nord – are part of a nation wide network of MSH’s. I was rather surprised by the library of the Cité des Sciences, one of the major late twenthieth century cultural institutions created by presidential order. Among the plethora of collections and activities is Scientifica, an interesting digital library of the Bibliothèque des Sciences et de l’Industrie, with nineteenth century books on themes such as social hygiene, mental health and phrenology, themes which were very much in the minds of lawyers in this period, too.

Au revoir!

Let’s not overdo things and stop the tour of libraries, research institutes and digital collections in Paris. I will not put everything in just one post. No epigraphy or Byzantine law, nothing on Akkadian and Egyptian law, only a few things touching politics and administration, and no museums, I have to face it. Memories of Joyce Pennings’ Wegwijzer middeleeuwse studiën te Rome (Rijswijk 1987), a guide to medieval studies in Rome, came back when writing this nutshell guide on Paris. It is a long way to repeat her achievement. Where to find more? I hope the impromptu set of links collections with which I will end here will function as a kind of preview of more things in Paris to discover and discuss:

I owe you a few of the quotes that have inspired me during the composition of this post: the first is Attempto, “I try”, the motto of the Eberhard-Karls-Universität Tübingen, and the second a quote from Hugh of Saint-Victor’s Didascalicon, not by chance to be found at the website of GAHOM: Disce omnia, videbis postea nihil superfluum esse. Coartata scientia iucunda non est, “Learn everything, and you will see later that nothing is superfluous. Restricted knowledge is not agreeable”. Not everything is available in Paris: the Bibliographie d’histoire du droit en langue française is maintained by the Centre Lorrain d’Histoire du Droit. In the middle of the great wealth and variety of libraries which adorn Paris it is good to see the ENS library at the rue d’Ulm partners with the university library at Port-au-Prince in Bibliothèques sans Frontières (Libraries without Frontiers) to rebuild Haitian libraries.

A postscript

A fairly recent and most interesting guide for historical research in Paris can be consulted online: Aude Argouse and Mona Huerta, ‘Guide du chercheur américaniste: l’Amérique latine dans les bibliothèques et centres d’archives de Paris et d’Île-de-France’, Nuevo Mundo Mundos Nuevos 2009. This journal offers every year a number of similar guides in its section Guía del investigador americanista, for example for Madrid, Amsterdam, the Archivo General de Indias, Berlin, London, Oxford and Philadelphia.

A second postscript

In 2012 I devoted an entire post to one of the libraries mentioned here, the Bibliothèque Mazarine. In this post I focused particular on the mazarinades, seventeenth-century pamphlets concerning the policies of cardinal Mazarin.

Reconstructing Bentham’s legacy

Among the events mentioned for February 2011 in the congress calendar of this blog was a two-day conference at the École Normale Supérieure of Lyon on Psychiatrie et prison: le question de soin aux personnes détenues (Psychiatry and the prison: the question of care for persons in detention). The main hall of the ENS could not contain all those who wanted to attend this conference on February 3 and 4, so videos have been made of this event which can be viewed now online. The service of making available these videos is very welcome. Before I knew that the Bibliothèque interuniversitaire de Lyon would do this, I had pointed to Interfaces, the blog of their Rare Books Department, where you can find for instance a post on the French version from 1791 of John Howard’s The state of prisons. Lately this blog has presented a series of posts on legal medicine in the nineteenth century, Le médecin-legiste à la Belle-Epoque. Penal law has not yet figured on my blog, and I will try here to make up a bit for my silence on the subject.

Transcribing Bentham

Logo Transcribe Bentham

Somehow Jeremy Bentham (1748-1832) came to my attention. For some reason I do not know very much about him, and the few things I knew are very obvious, his idea of the panopticon – realized in at least three Dutch prisons, at Arnhem, Breda and Haarlem – and his support for utilitarianism. Sometimes I could not quite understand what makes Bentham an important thinker. Reading about the Bentham Papers project of University College London (UCL) made it clear that in fact only parts of his written legacy are accessible in print, and perhaps this, too, explains part of my unfamiliarity with him. Lately this project has had major coverage in the media, including an article in the New York Times, but perhaps it is not bad for legal historians to bring some aspects of it together.

Claire Warwick, director of Digital Humanities at UCL, blogs about the activities of this center. UCL has decided to propel the efforts of the team editing the Bentham Papers by calling in the help of the general public. Transcribe Bentham invites people to make transcriptions of papers from one of the 174 boxes at UCL with Bentham’s legacy. You can register to volunteer for the transcription of a document – wisely always chosen from a restricted set of boxes to ensure continuity – and after registration you get digitized images of the documents. The transcriptions are created online using XML encoding and will be checked by members of the editorial team. Crowd-sourcing is the apt term for this way of making people participate in a project. UCL has a central website on Bentham, and next to the website for the transcribing project is the website for the Bentham Papers database where you can search for texts by Bentham and his correspondents. My imagination is fired by the way people are invited to support historical research, to decipher and read historical documents and to take a part of the burden faced by the editors of any texts. Giving Bentham back to the people is the kind of slogan that involuntarily comes on your lips.

Bentham started his career as a lawyer. As a philosopher the workings of the law were not alien to him, and even where he does not touch upon law, criminal justice or jurisprudence it is clear that he did not overlook them in his appeals for social reform and his theoretical works on society. Bentham is only one of the major European thinkers of the nineteenth century. For many of them institutes exists which dedicate their efforts to the study and publication of scholarly editions of their published works and papers. Maybe legal historians will not directly benefit from the efforts brought together for Bentham’s legacy, but surely some ideas of the UCL project merit attention. The idea of invoking the help of the public or creating working committees is not completely new, but digital media can give cooperation an extent hitherto not thought possible. Claire Warwick stresses the great value of creating wider support for digital humanities, not only by starting this transcription project, but also by making visible the sheer width of humanities and by discovering the possibilities of social media.

Medieval punishments

Bentham was a reformer. Penal law was one of his targets. Medieval penal law is one of the most vivid subjects – and targets –  in popular historical  imagination. The medieval history of punishments is the subject of the latest issue of Madoc 24/4 (2010), a Dutch journal for medieval studies. On March 4, 2011 this volume with the title Straffen in de Middeleeuwen was presented at the Dutch national museum for criminal justice, Museum De Gevangenpoort in The Hague. For reasons unknown to me the museum’s website does not mention the presentation on the eve of the twenty-fifth anniversary of this journal based at Utrecht. Neither did I or the Dutch legal history portal Rechtsgeschiedenis make any references to it. I will make up for this omission by making your curious about this issue. Han Nijdam writes about punishments in medieval Frisia, Guy Geltner brings you to Le Stinche, a prison in Florence, and Jos Koldewij looks at costumes conveying shame. Jan van Herwaarden revisits pilgrimages inflicted on people, Adriaan Gaastra writes about the penitential practice in the early medieval libri paenitentiales, and Clara Strijbosch has studied the punishments of the afterlife shown in the Navigatio Sancti Brendani, both in the Latin and the vernacular versions. Some of the authors see parallels with today’s ideas about criminal justice. The authors of this number of Madoc maintain this journal’s happy tradition of bringing the results of recent research in a very readable, attractive and yet scholarly way.

More on transcribing online

Some knowledge of scribing conventions old and modern is needed to read any manuscript. The auxiliary discipline of palaeography deals with this problem. The UCL project Transcribe Bentham takes due notice of these matters. On March 7, 2011 Eric Hennekam alerted the visitors to his forum for archives to the MONK project at the University of Groningen. MONK aims at building a system for transcribing and searching text in digitized handwritten records. The blog Archive 2.0 has a post on this project. Archive 2.0 is an interesting blog of a group of Dutch archivists discussing new developments in the archival world. The blog post is in Dutch, but the interface of the Monk demo website is in English. Among the texts are accounts from the county of Guelders (1425), a document in Latin  from Louvain (1421), and late nineteenth documents from Groningen. What if MONK would be used to transcribe Bentham?

Crowd-sourcing is one of the themes on another Dutch archivist’s blog, De Digitale Archivaris, and you will find there a post on the Bentham project from September 29, 2010, with a reaction of UCL’s Bentham team.

Pirates in past and present

Searching for subjects to write about on this blog and looking back at the themes I have chosen until now it might seem I prefer the sunny side of legal history. My post on the inquisition can be regarded as an exception. The question of themes is more poignant when I consider what I can write about or add to subjects like slavery, genocide, discrimination, child abuse and abuse of political power. Do these themes not also have a substantial importance for today? Is it not very justifiable to show connections between the past and the present in the field of legal history?

Just when I wanted to ponder this question in more depth I found a subject that nicely shows two sides of the same coin, the perennial attraction and fascination of a subject, and its very real importance for the world’s economy and the international legal order. Who has not been all ears and attention when reading about pirates or seeing a movie about them? Every generation finds in books and on screen its own image of the age of piracy. No doubt a lot of Dutch readers share with me the memory of Paddeltje, de scheepsjongen van Michiel de Ruijter by Johan Been, and some might remember my favourite, Pieter Straat, scheepsjongen van De Halve Maen by Anthony van Kampen. Cabin-boy Paddeltje met both the Dunkirkers and the Barbary corsairs. Pieter Straat sailed aboard the ship of a pirate captain who could have been the archetype for the Flying Dutchman. Of course the subjects of intellectual property and radio pirates could make their appearance here, but let’s stick here with the original pirates.

Digital collections and pirates

When I blogged in December about early editions of works by Hugo Grotius I mentioned De iure praedae, Grotius’ commentary on booty from 1608, however without any comment on the practice of pirates, privateers, buccaneers and filibusters nor paying attention to the fine distinctions between self-made pirates and those privateers working with letters of marque, not to mention the regional variants. The pirates of the Caribbean are a different stock than the pirates who thrived in the Channel or the Mediterranean. Doing research on them is not made easier by the way their names differ radically according to the language one speaks and reads.

Bringing texts and materials together in different languages is the great merit of the digital library on piracy trials presented by the Library of Congress. The world’s largest library has digitized not only accounts of historic trials of pirates before 1923, but also a number of juridical books on piracy and maritime law against pirates written in English, French, German and Dutch. The accounts of the trials are almost all in English. Where can one find more materials? For Dutch maritime history my thoughts turned to the project Maritiem Digitaal, a digital portal to the collection of eleven Dutch maritime museums, among them the Maritiem Museum in Rotterdam and the Nationaal Scheepvaartmuseum in Amsterdam. I felt rather disappointed when their websites yielded only a few meagre results. However, the 2010 yearbook of the Maritiem Museum focuses on piracy, Kapers & piraten, schurken of helden?, edited by Joost Schokkenbroek and Jeroen ter Brugge (Zutphen 2010) .

The Memory of the Netherlands with over a hundred digital collections brought me at first only to the radio pirates of the sixties! Searching for kapers instead of piraten (pirates) is the easy solution to find more here. The British National Maritime Museum in Greenwich has rich holdings in books on piracy, but there are no books in their digital collections which do bring you to many interesting objects. The Europeana digital library yields better results, but clearly they stem not from institutions for maritime history. A nice harvest of images featuring pirates is to be found in the digital gallery of the New York Public Library. The online catalogue of the Pierpont Morgan Library and Museum is called Corsair after Pierpont Morgan’s yacht, and this library has indeed materials concerning or mentioning pirates. The Morgan’s image database with 15,000 images from medieval and renaissance manuscripts accompanying Corsair brings you to just one medieval image of a pirate.

It is no coincidence that the imagery of pirates conveyed by images and movies succeeds in attracting my attention. The Library of Congress, too, definitively realized this when launching a three-dimensional presentation of one of the classic books on piracy, De Americaensche zee-roovers by Alexander Olivier Esquemelin (Amsterdam 1678) under the title The Buccaneers of America. The portraits of pirates in this volume are so wonderful, the accompanying translation so useful and the way of turning over the pages so enticing that I almost did not notice one does not have here a digitized version of the whole book. The presentation is part of a larger online exhibition on Exploring the Early Americas with books and objects from the Jay I. Kislak collection. More items on piracy from this collection are featured in an interesting online exhibition from 2002 at the Miami-Dade Public Library System entitled Reefs, Wrecks and Rascals: The Pirate Legacy of the Spanish Main.

The multinational digital libraries for the Caribbean might be a first port of call for digitized books on the history of pirates in this region. Alas the Digital Library of the Caribbean contains only a few titles on this subject. Manioc yields more books, and this library in French on the Caribbean, the Amazone regions and the Guyanas, cleverly searches also in the Digital Library of the Caribbean and in Gallica. My search attempts in the Réseau francophone numérique, a project of fourteen national libraries, and in the Pacific Rim Digital Library, a project in which 25 libraries around the Pacific work together, brought me only few results.

Digital archives and piracy: letters at Kew and sites for the VOC

The digital collections of archives seem to bring us closer to the history of piracy than digital libraries. At Baltic Connections you can search in the finding aids of archives with holdings on the Baltic heritage between 1450 and 1800. From the seventeenth until the nineteenth century English privateers captured many Dutch vessels, their cargoes and luggage. Part of the loot now preserved at the National Archives in Kew in the archival collection of the High Court of Admiralty are some 40,000 letters in Dutch. They form a mine of information on life at sea and on the development of the Dutch language. The project Brieven als buit (Letters as loot) at Leiden University aims at studying and publishing this collection of sailing letters in cooperation with the Dutch Royal Library. Roelof van Gelder’s report from 2005 on these letters informs you about the rich variety of sources at Kew awaiting  further exploration.

The Institute for Dutch History in The Hague has created the database Dutch Asiatic Shipping with information on more than 8,000 voyages by ships of the Dutch East India Company (abbreviated as VOC). A first search in this database brings you to the story of six voyages on which encounters with pirates happened, but here surely more can be retrieved. The Atlas of Mutual Heritage presents thousands of images on the history of the Dutch East and West India Companies, including pictures of ships. On the Tanap website one can search in VOC documents, in inventories of archival collections concerning the VOC and in documents of the Cape of Good Hope, the supply station of the VOC. More websites on the VOC are listed at the VOC site.

Digital exhibitions

Some online exhibitions merit your attention as well, and even if some of them are rather small, their quality counts. Peddlers, Privates and Prostitutes. Subaltern Histories of Southeast Asia, 1800-1900 (Cornell Southeast Asia Program and Echols Collection, Cornell University Library) brings you to a journal kept by a pirate, On the Water (Smithsonian Institution) has a section on pirates in the Atlantic world, and Spoils of War. Privateering in Nova Scotia (Nova Scotia Archives and Records Management) presents digitized log books of three privateers. Written on Water. Literature of the Sea in the Age of Sail (Lilly Library, Indiana University) presents a small section on piracy with images of the first English translation from 1684 of Esquemelins book. Bucaniers of America gave birth to the English term buccaneer. The Lilly Library has a much larger online exhibition on Daniel Defoe, the author of Robinson Crusoe. The National Geographic has created an online exhibition with further links on the wreck of the Whydah, a ship of pirates sunk in 1717. Piraten: Die Herren der Sieben Meere is an online exhibition of the Übersee-Museum in Bremen with navigation using a treasure chart which shows this site aims mainly at children, but the information is sound.

Songs about pirates

Since letters show up already in this post, literature and music should not remain behind. The popular imagination of pirates was not only propelled by images and stories, but also by songs. In particular popular ballads featured pirates. At Revolution and Romanticism, a private collection of street literature held in Edmonton, Alberta, you can find a parody on Lord Byron’s The Corsair. The English Broadside Ballad Archive (University of California at Santa Barbara) contains ballads from the Pepys collection of Magdalene College, Cambridge, and the Roxburghe collection of the British Library; as for now I found already some ballads about pirates. I did not find yet anything relevant in the Bodleian Library Broadside Ballads database. The Dutch song database of the Meertens Institute for Etnology and Folklore in Amsterdam contains at least ten items on pirates (kapers). One post cannot contain everything, so let me just remark in passing that when you search for pirates in image databases such as the one for French emblem books at Glasgow you should use the Iconclass code 44G56 to find your corsair or pirate.

Further sailing with pirates…

It’s time to end this voyage and to find harbors with more information on the history of piracy, both archival records and books. The Louisiana Digital Library attracted my attention with their records and documents on several pirates. The digital collections of the State Library of North Carolina contain among other documents a letter of marque from 1776; note also the collection of links. Stories that fired the popular imagination were printed in books with various titles commonly referred to as The Newgate Calendar. Trials of pirates supplies a nice number of piracy stories. There exists also a digitized version of a five-volume compilation of the Newgate Calendar edited in 1926, but the link to this edition at the Tarlton Law Library of the University of Texas at Austin has recently been removed, hopefully just temporarily. CityArk is a project of the Medway Council Archives Service which brings you to gifts by the Dean and Chapter of Rochester Cathedral to victims of the Barbary corsairs in the eighteenth century.

And now piracy in the present: the Digital Library of the Combined Arms Research Library in Fort Leavenworth offers not only digitized books and reports on modern pirates, but also on the history of piracy. The International Chamber of Commerce has established a piracy reporting center in Kuala Lumpur, Malaysia, for the International Maritime Bureau. When finishing this post it was not by chance but really fitting to find a piracy research guide at The Competitive Edge, the blog of Cornell Law Library. That post mentions books and articles, something I did not include here, and I gladly refer you to it.

Since its launch in August 2010 many blogs have mentioned the digital collection of piracy trials at the Library of Congress , but I only noticed it this week at the Dutch forum for archives maintained with such zeal by Eric Hennekam. Not every item of interest for legal history is tagged at this forum, and thus I had overlooked it. I found a book review at the Steamthing blog of Caleb Crain very interesting, also because of his well stocked blogroll. After such a long post it is good to know the Dutch television broadcasts tonight one of this century’s favorite pirate movies!

An old boundary

What happened to the walking historian? Lately I did not often go for a walk. During springtime I made several long walks, and I promised to keep a story about one of these walks in stock.

In February Janjaap Luijt published a short note ‘De leeuwenpaal: grensconflicten tussen Utrecht en Holland’ (The lion’s post: boundary conflicts between Utrecht and Holland) in the journal Oud-Utrecht 81 (2010) 10-11, the first of a series of short articles on boundary-posts in this journal of the historical society for Utrecht Oud-Utrecht. On the cover of this issue two men pose in historical costumes in front of one of the old boundary-post discussed by Luijt.

An old boundar-post along the Hollandsche Rading

An old boundary-post along the Hollandsche Rading

I would like to add some information to Luijt’s article which clearly was meant to introduce the subject and to point to the present situation of these objects. Luijt sketches their history. The sixteenth-century posts were renewed in 1719, and eight of them again in 1925. Luijt mentions the 1531 peace treaty on the boundary between Utrecht and Holland. The Great Council of Malines also had to give judgment about the exact boundary. J.M.I. Koster-van Dijk published Gooilanders voor de Grote Raad 1470-1572 (Amsterdam 1979) in which she dealt with all cases brought before this court concerning the Gooiland, the most eastern part of the medieval county of Holland. Many historians have written about Gooiland.  On May 21, 1541 the Great Council pronounced an important verdict on the disputed boundary between Utrecht and Holland.

The boundary-post on the picture I took in early spring is situated at the Hollandsche Rading, a field name which literally means “The boundary of Holland”, a straight line in the landscape, nowadays part of the border between the provinces of Utrecht and North-Holland. The forest in the background is called Einde Gooi, “The End of Gooi”.

A team lead by Thom de Smidt and the late Jan van Rompaey published six volumes with calendars of the verdicts given by the Great Council of Malines between 1465 and 1581. In the fourth volume of the Chronologische lijsten van de geëxtendeerde sententiën (…) Grote Raad van Mechelen (Brussels 1985) it is indicated at no. 11 that several dossiers of one of the highest courts of the Low Countries refer to the 1541 case. The Werkgroep Grote Raad van Mechelen, the team of legal historians that has done so much to enlarge knowledge about the Great Council of Malines, published several books on cities, regions and even one on a country and their cases decided at Malines, for Haarlem, Amsterdam, Leiden, Gooiland, Delfland – the region around Delft – and Portugal. Checking the inventories of archival collections at Het Utrechts Archief made it clear that one could harvest also a nice number of cases concerning the city and diocese of Utrecht. Due to the renovation of the main Utrecht archive building it will not be easy to do research on the history of Utrecht in the near future. As always, some sensible planning and patience will help more than complaining about this situation. For this posting on boundary-posts it is clear how the presence of these historical objects can make one curious to know more about the history to which they refer.

Searching images of justice

In an earlier post on my blog this year I wrote a few lines about legal iconography. I promised to present more about it on my website www.rechtshistorie.nl. It took me some time to start fulfilling my promise, and the information I wanted to collect was not always easy to find. However, the first results are promising. I made myself a second promise: a post on legal iconography must have an image illustrating this subject.

Today I took a train to make a new photo of an object I know from a collection of essays on and images of medieval objects edited by Esther Koch, Erwin Mantingh, Jos Stöver and Kaj van Vliet, Over kaken, broodbanken & etstoelen. Sporen van middeleeuws Nederland (Utrecht 1995). Translating this title is not easy, apart from the second part, “Traces of the medieval Netherlands”, and worse, the three objects of this book title are concerned with legal history. A kaak or schandpaal was a pillory, a pedestal on which people who had committed a crime could be shown in public to the people to be denounced and mocked. A broodbank is a pew in a church at which bread was distributed to the poor, often by the regents of a foundation; one can connect this to the medieval poor law. Etstoel was the name of the highest court in Drenthe, a Dutch province. So far for the title which can be roughly translated as On pedestals, bread pews and old courts.

 

The pillory (kaak) at the former town hall of Woerden

The pillory (kaak) at the former town hall of Woerden

 

In the 1995 volume legal historian Dick Berents contributed an essay on one of the few remaining kaken, the pillory at the former town hall of Woerden, a town 20 kilometers west of Utrecht. The town hall was built from 1501 onwards in late medieval style. Sometimes the pedestal at the corner of the town hall is said to date from 1567. The city council used this building until 1889. From 1890 to 1933 the building housed a kantongerecht, a lower court. The Dutch kantongerechten were introduced in 1811 as a result of a reshaping of the juge de paix introduced by the French during the Napoleonic era. Since 1934 historical objects and antiquities were shown, and in 1988 the Stadsmuseum Woerden, the municipal museum, found its home here.

Where to find more online information about the legal iconography of the kaak at Woerden? Let’s presume we have not the possibility to use the database of the Dutch Center for Legal Iconography, a database open only to card holders of the Royal Library at The Hague and subscribing libraries. The very presence of this database helps research, but rather often it is not so easy to find online information. The website of the Dutch Prison Museum in Veenhuizen fails to offer detailed information on its collection, as is also the case with the site of its German counterpart, the Kriminalmuseum in Rothenburg ob der Tauber. At present the website of the old prison at The Hague, the famous Gevangenpoort, is under construction due to renewal. The website of the Dutch Tax and Customs Museum in Rotterdam shows at least some items from its collections. The Woerden kaak is not presented in the show case website Collectie Utrecht for cultural heritage in the province Utrecht, nor in the central database for cultural heritage of this province. Luckily the website of the regional historical center Rijnstreek en Lopikerwaard which houses the municipal and other archives of Woerden, includes an image database. Using the search term schandpaal yields four photographs.

The town of Woerden developed on the spot of Laurium, a Roman army camp. Between 1978 and 2003 seven Roman ships have been excavated in this town. Much more can be told about Woerden. The Stichts-Hollandse Historische Vereniging offers a useful link collection on its website bringing you to more information on the history of Woerden and the region around this town which received municipal rights in 1372 from count Albrecht of Holland. Among the links is the website of the famous Heksenwaag, the Witches’ Weighhouse at Oudewater, not far from Woerden.

To those used to the classic collections of legal iconography my hesitations may seem strange, but these collections do have a particular origin. Often they are the fruit of one scholar devoting a life time collecting interesting objects or searching images. They reflect to a greater or lesser extent the scholarship behind them, and cannot be used straightforward. However, their presence on internet is most welcome to facilitate using these materials at all. Using other collections is one of the ways to address their shortcomings and biases. Some subjects have attracted much attention from scholars and the general public alike. For these themes, such as witch trials and slavery, one can use special image collections. Sometimes you find images online not at the website of the institution holding them, but elsewhere. An example are images from the Germanisches Nationalmuseum in Neurenberg. This rather large collection is presented at the German portal site Bildarchiv, a branch of the Fotoarchiv Marburg; if you want to look for pillories, use the word Pranger. Perhaps this state of affairs is obvious for German scholars and for people well versed in art history, but not for everybody.

My page on digital image collections is permanently under construction, and it is still easy to make major additions. Subjects like slavery and witchcraft deserve separate attention, but it is not difficult to find large image collections concerning them. For now it seems better to present first the major portals to digitized cultural heritage, secondly to mention large open access image collections and preferably national portals to them, and in the third place to mention not only collections of well-known sources, but to focus on those that are a bit harder to find. In my view placing the collections with particular relevance to legal historians inside a circle of more general collections helps to put them into different perspectives. Having to deal with questions such as open access or subscribers only collections and questions about the copyright on images makes me sure I will stay in touch with modern law, too. As for copyright, it is no surprise I present here and on my site only pictures I made myself. I have added to my website a page on the digitization of cultural heritage. Adding this information will help seeing all these websites in the context of a major cultural movement. The combination of easier access to information with the shift from history to cultural heritage merits close attention.

Tales of the unexpected

A rainy weekend looked just perfect for doing some maintenance work for my website: making backups, upgrading below the surface, reading and using a new handbook on the software involved. It turned out to be the perfect time for something you dreadfully fear: it did not work anymore. I will not inflict on you all the painful details, but yes, I had to put a notice on my site apologizing for any inconvenience caused by my virtual absence.

Almost two days after the first signs of a breakdown of the site installation the good news is that the backup of the information is safe and unharmed. And I have learned and learned again some lessons: upgrading equals releasing a new version; documenting of the exact structure below the surface is very useful; making a site depending very much on one central piece of software is nothing but creating the weakest link in a chain…

Of course I have often been warned that these things can go wrong, but this year I had taken new precautions. Of course I had met just a few days ago somebody who told me about the trouble with his e-mailbox. And best of all a few weeks ago I had read again by chance about a website with historical data which have triumphantly survived all major changes in computing since the original data were collected. The data for the Florentine Catasto of 1427 were collected and studied in the sixties and seventies by the late David Herlihy (1930-1991) and Christiane Klapisch-Zuber. Herlihy and Klapisch-Zuber published in 1978 their study Les Toscans et leurs familles: Un étude du catasto Florentin de 1427. Robert Litchfield and Anthony Molho have taken responsibility for the version since 1995 online at Brown University. This university hosts also an online database with records of the tratte, the elections of the Florentine office holders from 1282 to 1532. More technical details about the transformations of the raw data can be found on the website of the University of Wisconsin with the complete data set of the 1427 Catasto, supplemented with ecclesiastical records from Florence. The harvest of online sources for the history of Florence and Italy is rich and varied, with for example Florentine charters and the Fondo Datini at Prato. Records on medieval taxation can be searched online for other countries, too, for instance the Taxatio Ecclesiastica Angliae et Walliae from 1291, a document on church properties in England and Wales. The Netherlands Economic History Archive in Amsterdam presents a fine overview of historical datasets. Do I need to remind you that these datasets yield their secrets only when you consider them in the light of their context, taking into account such things as the historical limitations of the data collected and the niceties of their online representation?

Perhaps you learn something in depth only when you make mistakes, when things break down, when errors and lacunae take away received wisdom and unmask your bad habits. I have to swallow this interruption of service as a fact of life, and to accept my own small addition to the march of human folly. Meanwhile I will try to re-establish my services to the visitors of my website as soon as possible. However, putting the necessary security devices and tuning the appearance will yet take some time. Most important, next time I will carefully prepare procedures before upgrading to something which looks promising and useful, but is also potentially dangerous. As for now I had better resume working on it, and leaving you hopefully a bit more informed about my site’s crash, perhaps a bit uneasy about your own website, or just amused – or annoyed! – by this unexpected mixture of daily misery and some historical information.