Tag Archives: Early printed books

Selling the Mendham Collection, a poor move

This week alerts appeared about the proposed sale of parts of the Mendham Collection, since thirty years on deposit at Canterbury Cathedral. The owner, the Law Society of England and Wales, describes the collection at its own website as “a unique collection of Catholic and anti-Catholic literature including manuscripts and printed books ranging from the 15th to the 19th centuries”. Despite protests of Canterbury Cathedral the Law Society has started removing books from Canterbury on July 18, 2012 in preparation for an auction at Sotheby’s, apparently to raise funds. Canterbury Cathedral and the University of Kent have jointly decided to involve the general public in their protest against the possible dispersal of a collection with more than 5,000 items including medieval manuscripts and early printed books. An online petition to support both institutions has been launched. To indicate the importance of this collection, let it suffice that CERL, the Consortium of European Research Libraries, has included the names of former owners of books in this collection into its provenance database.

One of the painful things in this situation is the failure of the Law Society of England and Wales to acknowledge that there is now an issue. The notice I quoted here from its website is almost the only piece of information this society provides online. The Law Society indicates they have published a catalogue of the collection in 1994 which can be obtained for £ 40,-. The Law Society has substantial historic holdings in its own library on a wide variety of subjects ranging from the fourteenth century to the present. The action of the Law Society breaks unilaterally the agreement with Canterbury Cathedral to act as a custodian of the Mendham Collection until December 31, 2013.

Gaps in the Mendham Collection

Gaps in the Mendham Collection – photo by Alixe Bovey, University of Kent

Joseph Mendham (1769-1856) was an English theologian who became active as a controversialist and historian. He was the son of a merchant, but his background did not hold him back of buying objects with a value for both cultural and church history. An article from 2008 by David J. Shaw describes the collection and the way Mendham brought it together in more detail. For legal historians Shaw points to editions of the acta and additional sources on the Council of Trent held from 1545 to 1564, and for examples twenty different editions of the Regulae of the Cancellaria Apostolica. The collection contains books from Doctors Commons, a court abolished in 1860, and the Court of Arches. Shaw gives also details on the continental provenance of many books. Mendham’s collection of 37 manuscripts mainly concerning the Council of Trent is at the Bodleian Library, Oxford. The deposit of the Mendham Collection at Canterbury, the place where Christianity in the United Kingdom started, is at an extremely apt spot. A sale of separate items, even of minor items, but surely only the rarer and more valuable items would bring the expected profits, does harm the collection and its integrity, not only now but for future researchers.

Yesterday the BBC reported on the plans of the Law Society to auction books from the Mendham Collection; a video can be seen at YouTube. Until now only a few websites, including the Medievalists news blog, have covered the story about the threat of the sale. Erik Kwakkel, palaeographer at Leiden University, calls upon people to sign the petition. Supporting solicitors is the noble goal of the Law Society of England and Wales, but I can see no justification for a rash sale of valuable materials held since 1869 and the dismemberment of a collection as wideranging as the Mendham Collection. Surely other ways exist to get money, even if the Law Society says it has not taken this decsion light-heartedly. Some of the items removed now may not be retrieved from Sotheby’s for a possible sale to either Canterbury Cathedral or the library of Kent University. Hopefully the petition will help reverting the plan of the Law Society of England and Wales, and help keeping the Mendham Collection intact and accessible.

City statutes and legal order in medieval Italy

One of the most characteristic features of medieval Italy is the amazing quantity of large and small towns. Within these towns there might be feuds about the supremacy of families or guilds, but to the world at large fierce pride of one’s own town reigned supreme. Many Italian towns had since the twelfth century or even earlier their own city council which issued laws in the form of statuti. Thus medieval lawyers had already to deal with questions about which law had to be obeyed in case of collision of laws. Albericus de Rosciate (Alberico da Rosate) (around 1290-1360) wrote a long tract De statutis, in early editions also appearing under the title Quaestiones statutorum. At Munich the incunable edition Como 1477 of this work has been digitized. Alberico was preceded by Alberto Gandino (around 1240-1305) , mainly known for his Tractatus de maleficiis edited by Hermann Kantorowicz, but also responsible for quaestiones statutorum written around 1284, published by A. Solmi in the Bibliotheca iuridica medii aevi. Scripta anecdota glossatorum, Augusto Gaudenzi and Giovanni Battista Palmiero (eds.) (3 vol., Bononiae 1888-1903; reprint Torino 1962; Gandinus’ text is in vol. 3, 157-214). The way medieval lawyers dealt with municipal laws is the subject of the great study by Mario Sbriccoli, L’interpretazione dello statuto. Contributo alla storia della funzione di giuristi nell’età comunale (Milano 1969). Sbriccoli was not the first to write about this subject. City guilds and confraternities, too, had their own statutes and ordinances. The Italian historiography on statutes has a long and colorful tradition.

Just before Christmas Mike Widener, curator of rare books at the Lilian Goldman Law Library of Yale Law School, blogged about the presentation in Rome on November 23, 2011, of the edition of a manuscript at Yale with the statuti of Montebuono, a town in Rieti, some fifty kilometers north of Rome. Widener gives more details about these fifteenth-century statuti in his post. In 2008 the library of Yale Law School organized an exhibit on early Italian statutes. In the online version of the exhibit you can find a very useful commented overview of editions, bibliographies and online resources. The presentation in November of this year was held at the Biblioteca dello Senato in Rome which undoubted has the largest collection of printed Italian statutes worldwide. You can use a special online catalogue to search its holdings for this field alone.

It is difficult but worthwhile to add substantial information to Widener’s 2008 overview. When you search for statuti in the Hathi Trust Digital Library you will find a few dozen digitized editions of municipal statutes, and also some studies. Using the Internet Archive yields roughly estimated the same number of results. The much more user-friendly interface of digitized books held in the Internet Archive – and now also at the Hathi Trust Digital Library – is a major advantage on using the books digitized by the monopolizing firm at its own book subdomain. Avoiding the name of this multinational firm is a kind of running gag here, but it is very much like not choosing spaghetti when literally hundreds of other forms of pasta exist… The German ZVDD finds also some fifty digitized Italian city statutes, but BASE, the Bielefeld Search Engine, does find more. The Karlsruher Virtueller Katalog (Karlsruhe Virtual Catalogue) allows you to search with one search action not only many library catalogues and collective catalogues, but also the ZVDD and BASE.

A few websites presenting municipal statutes from Italy not listed by Widener in 2008 can be added here. The Società Pistoiese di Storia Patria has digitized a number of the statuti of Pistoia published by this learned society. You will find there also the edition of regesta, standardized summaries, of charters for several ecclesiastical institutions in this Tuscan town, and an edition of census records. Mario Ascheri and Silvio Pucci have created a website with a searchable database for the Statuta Reipublicae Senensis, the city statutes and the later statutes dello Stato of Siena. Donatella Ciamponi has created a bibliography of medieval municipal statutes in the Siena and Grosseto area. Her bibliography can be found among the digitized materials at the website of the Dipartimento di Storia at the Università degli Studi di Siena. Here I would single out the bibliography of medieval Siena and the edition of statutes of the Lega del Chianti (1384). The website on municipal statutes in the Liguria region of Rodolfo Savelli at Genoa which features also a bibliography on this subject, mentioned by Widener, does point to a project with digitized texts from Pisa. Among them are juridical texts, foremost the Constitutum Legis Pisanae Civitatis. The Società Ligure di Storia Patria has plans to digitize more editions of medieval sources. I mention this website in particular because you will find here links to the websites of many other regional historical societies in Italy.

Probably more websites with digitized statutes exist but I have not yet found them at any of the Italian biblioteche pubbliche statali, the main state archives (Archivi di Stato) and city archives. Please do not hesitate to share your knowledge if you know more! In this post I have linked the names of Alberico da Rosate and Alberto Gandino to the website of the publisher of the Dizionario Biografico degli Italiani. This company also publishes an encyclopedia and a vocabulary of the Italian language, useful if you want to study Italian history in any real depth. The article on Alberico da Rosate by Luigi Prosdocimi dates from 1960, but the article on Gandino by Diego Quaglioni was originally published in 1999. Both articles have a comprehensive bibliography.

American scholars can benefit from the rich holdings concerning Italian statutes and other juridical books at Yale Law School, at Harvard and at the Law Library of the Library of Congress. In the Netherlands the collection of Eduard Maurits Meijers (1880-1954) contains a number of early editions of Italian municipal statutes, now held at Leiden University Library. In Utrecht, too, you will find some editions of medieval statuti. The Max-Planck-Institut für europäische Rechtsgeschichte in Frankfurt am Main has really rich holdings on the history of medieval law in Italy. Its library should be one of the places to visit before you will find more in Italy.

2011

With this post I reach the end of 2011. In 2010 I wrote 35 posts, this year brought nearly 50 posts, almost one post every week. I hope you have enjoyed reading my contributions. Thanks to everyone who sent comments here, by e-mail and even in tweets! This year I have skipped the seasonal post simply because there has been no snow this month.

A postscript

When I decided to correct a few things here I wanted to have a look at another major gateway to digitized information. The results are different from what I had expected. They qualify for a rather long postscript.

When you add the Europeana portal to the array of possible gateways to digitized editions you might in principle find a lot of Italian statutes. However, much to my dismay I cannot detect anymore the advanced search mode which enables you to search directly for titles and to narrow your search efficiently. The new search mode is to some extent an English version of the old mnemonic maxim quis, quid, cur, quomodo, ubi, quando, quibus auxiliis: of the Five W’s you will find who, what, when and where. The refine search option is not completely useless, but surely more vague than necessary. By all means it is a setback when the carefully developed way to access information is thrown away without any warning. Fuzzy search or associative search would be more welcome as a second search mode, not as an exclusive way to search information at this portal which prides itself on the huge amounts of content from many corners. Some people will want to cast a wide net, but others have very precise search questions, and both approaches should be equally possible.

I would have liked to pass silently over the fact that you will find in a search for Italian statutes at Europeana also results with only the bibliographical data assembled in the EDIT16 project, which is not a digital library, but a bibliographical database. Surely you need to know not just something about bibliography when you search for these old statutes. In a project like Europeana a catalogue is simply not at the same level as access to digitized items, unless you like to swim in an ocean of ill digested information. There is a real need to distinguish between data and meta-data. Luckily Europeana has not deleted the filter function in the search interface. In fact this becomes more important than before. Is Europeana becoming a victim of the old proverb multa sed non multum, a lot of things but not much? The number of subdomains and new branches with interesting initiatives is impressive, as are some results, too, but it seems the core needs all possible care and attention. The Europeana Regia project with digitized medieval manuscripts has no search interface at all, only predefined selections and filters.

David Haskiya of the Europeana team sent a comment in which he explains you can still use the search parameters of the advanced search, such as title and creator. User statistics show only a very small percentage of users did use the advanced search interface.

A second postscript

A salutary warning not to isolate the text and importance of medieval Italian city statutes is provided by the Atlante della documentazione comunale (secoli XII-XIV), a project under the aegis of Scrineum (Università di Pavia) with online editions of texts concerning the administration and government of several Italian towns. The section on statuti contains only a notice about work in progress.

Finding more…

Two months after the second postscript I can add at least one online edition of medieval Italian city statutes, the project Statuti di Vicenza del 1264. The bibliography at this website is not only concerd with city statutes, but also with diplomatics and the technical aspects of digital editions. Patrick Sahle (Universität Köln) mentioned it in his annotated list of scholarly digital editions. Sahle’s list contains also a project for statuti from Grosseto, but alas the link is broken.

For your eyes only? Legal history and some new digital libraries

This year I have published a number of posts about digital libraries. In my latest contribution on Dutch digital libraries I expressed my wish to write here more often about archival records and museums. It goes against the grain to write again about some digital libraries. However, by sheer coincidence three digital libraries have been launched in a short time span which all deal with materials in Dutch libraries. The Dutch Royal Library in The Hague has partnered with ProQuest in their project Early European Books: Printed Sources to 1700, and this library is also present in Brill’s Early Modern Pamphlets Online. Pamphlets held at Groningen University Library, are present, too, in this project, as are the German pamphlets microfilmed earlier on in the series Flugschriften des 16. Jahrhunderts. Last month the University Library at Groningen launched a new subdomain for their digital collections. Each of these three digital collections contain materials relevant to legal historians. Bringing them together in one post seemed a sensible thing to do.

There is a significant difference and an equally important similarity between each of the projects of the Dutch Royal Library and the digitized collections at Groningen. The University of Groningen presents one set of collections in open access, but this library has just as the Royal Library decided also to start a partnership with a firm which allows only restricted access to the collections they have digitized. Only at subscribing libraries or as holder of a library card of the Dutch Royal Library you can view this digitized pamphlets collection. When I checked this collection today using my Royal Library card I could not find at first the digital pamphlet collection in the overview of online databases at the homepage of the Royal Library. In fact it was thanks to the marvellous page on book history that I noticed the project for the digitization of these pamphlets. The books of the Royal Library digitized for Early European Books can be viewed freely within the Netherlands, but not elsewhere.

Some questions about access

Why keeping a number of digital collections within control of the holding library, and putting other collections on a kind of island which remains at the horizon, within sight but out of reach, a treasure room to be unlocked only for those who pay or have access to it at subscribing libraries? I realize quite well the Dutch Royal Library holds a rather large pamphlet collection (34,000), Groningen has some 2,800 pamphlets. I am equally aware that I am not the first to point out this difference which can look almost incomprehensible at a distance. The sheer number of items to digitized has not deterred Groningen University from creating an extensive digital repository with for legal historians interesting things like dissertations defended at the Law Faculty of Groningen and on another server a growing number of historical maps. Issues starting from 1999 of the legal history journal Groninger Opmerkingen en Mededelingen are freely accessible online, too. On the new website for digital collections at Groningen you can find 127 fragments of papyri. You can read – in Dutch – about some of them also on De wereld aan boeken (The world in books), the book blog of the Department of Special collections of Groningen University Library. By the way, Bifolium is the digital version of the news bulletin on manuscripts and rare books edited at Groningen. Updates are rather infrequent since the death of Jos M.M. Hermans, but the contributions of the new editorial team are certainly worth checking.

No doubt questions of budget, of digitizing more quickly by partnering with a publisher, and growing experience with digital collections and their maintenance play a significant role in the choices made by the two libraries in question to choose different ways for some of their collections. Still one can ask why not putting the famous Knuttel pamphlet collection of the Dutch Royal Library at Europeana, to mention just one of the projects in which this library plays a large and even eminent role? A quick search at Europeana yields at least 28 pamphlets held at The Hague, and they can be searched also using the Memory of the Netherlands portal. Pamphlets of national libraries form a part, too, of the digital collections accessible at the European Library, yet another possibility for virtual presentation of the Dutch pamphlets. for libraries it is perhaps also a question of playing several cards: in the past a number of digitization projects has had only a limited success or has simply failed. It was probably a successful example that helped guiding the decisions taken at The Hague and Groningen. Between 2002 and 2009 19th Century British Pamphlets Online realized the cataloguing and digitizing of some 23,000 items from seven British institutions. The project website provides you with a pamphlets catalogue, but the pamphlets themselves are only fully accessible through JSTOR.

Pamphlets and legal history

Pamphlets is the bibliographical term for short unbound treatises on any subject which is currently under discussion or cries out for comment or protest. I paraphrase here one of the most used modern definitions. The UNESCO definition of a pamphlet contains the additional criterion of a maximum length of 48 pages: “A pamphlet is a non-periodical printed publication of at least 5 but not more than 48 pages, exclusive of the cover pages, published in a particular country and made available to the public”. On my blog broadsides, one-page pamphlets, featured in the summer post on legal history in lyrics.

After my remarks about free and restricted access it is time to have a closer look at the projects under discussion. Early European Books comes with a multilingual user interface in English, Dutch, Danish and Italian. The bibliographical information on books is reinforced by using information on printers and printing history from the CERL Thesaurus and OCLC references which are used for WorldCat. You can view books either as web pages or download them in the PDF format. Interestingly you will find among the few digitized books concerning law and justice from the Royal Library almost exclusively pamphlets, and not just Dutch pamphlets. There is a French arrêt from the Parlement of Paris (Paris 1598; Pflt. 1012), a Dutch version (Middelburg 1584; Pflt. 715) of The execution of Iustice in England for maintenancee of publique and Christian peace by William Cecil Lord Burghley, two sentences by the scabini of Leiden (Leiden 1598; Pflt. 1035 and 1037), a confession of an attempt to assassinate Maurice of Orange (Utrecht 1594; Pflt. 918), a pamphlet demonstrating the rights of the States of Holland (Rotterdam 1587; Pflt. 791).

In Early Modern Pamphlets Online you will find already nearly 400 Dutch pamphlets when you search with the subject ‘Law’. Research for Dutch legal history for the period of the Dutch Republic and the Holy Roman Empire can benefit greatly from this source collection. One of the few quibbles are the lack of an advanced search interface and the black and white instead of color. Both collections contain all kind of pamphlets, many of them with contemporary illustrations, which makes them more than just textual sources.

The 127 Papyri Groninganae are really the only sources of primary interest for legal history at the new website for digital collections at the library of the University of Groningen, but everyone studying Dutch political developments or the advancement of science in the eighteenth century should look at the digitized letters of philosopher François Hemsterhuis (1721-1790). The papyri at Groningen cover a wide range of subjects, including legal matters. You can browse collections, choose the form of presentation of the items, build your own advanced search by adding search fields at will, and view almost everything in full color, as is the case for Early European Books, too.

More pamphlets for legal history

When writing this post I found I had overlooked some free accessible digital pamphlet collections for the page on Dutch legal history of my blog. To prevent complaints about not being able to see any Dutch pamphlets because of the restricted access policy I will say something more about these Dutch collections. From the pages of my website I have created a list of digitized pamphlets collections worldwide, not without adding some recent findings, thus saving you some time to bring them together.

Within the digital collections of Utrecht University Library a whole section is devoted to pamphlets. Until now nearly 800 pamphlets have been digitized. Under the modest title Utrechtse pamfletten you will find also publications from outside Utrecht and the Low Countries. The collection is accompanied by a short essay in Dutch on the definition of a pamphlet with ample reference to George Orwell’s views which led to the commonly excepted modern definition.

At Nijmegen the Center for Catholic Documentation has digitized a collection of 99 pamphlets from 1853 with protests against the re-establishment of the Catholic hierarchy in the Netherlands. After the definitive coming of the Reformation from 1580 onwards the Northern Netherlands had been an apostolic vicariate. As the Dutch government confirmed the erection of new dioceses in 1853 a national movement of distressed protestants grew quickly, but this protest by many members of the Dutch elite was in vain.

At the portal for the Memory of the Netherlands you can search for some 1,000 digitized pamphlets from the Second World War and a few hundred pamphlets written by Multatuli, the pseudonym of the Dutch writer Eduard Douwes Dekker (1820-1887), famous for Max Havelaar, his graphic novel from 1860 about the Dutch exploitation of the Indonesian archipelago and his inflammatory writings about many other subjects, including the Dutch political and legal system. Multatuli lost the case about the copyright on his novel, recently studied by Ika Sorgdrager, Dik van der Meulen and Jan Bank, ‘Ik heb u den Havelaar niet verkocht’. Multatuli contra Van Lennep ["I did not sell you the Havelaar". Multatuli against Van Lennep] (Amsterdam 2010).

And to conclude this post a list of digitized pamphlet collections – in alphabetical order by country – with particular interest for legal historians, all of them freely accessible:

The last digital collection reminds me of repeating my promise to write about major phenomena and events which cannot be left out of legal histories. My posts on piracy were meant as the first contribution to a new series. If you agree with me that the list of digitized pamphlets should be enlarged you might try searching for pamphlets at Intute, a thing to do as long as that website is still running. The History Guide of the Göttingen State and University Library can lead you to many pamphlet collections, as do Clio Online and for example this page of the Virtual Library Labour History at the International Institute for Social History, Amsterdam.

A postcript

At Archivalia Klaus Graf points to the fact that the German bibliographical projects VD16VD17 and VD18 do contain large numbers of pamphlets. This source genre is increasingly being digitized, too. The QuickSearch of the catalogue of the Österreichische Nationalbibliothek in Vienna can be tuned to restrict your search to particular source types; for historical pamphlets you can select Einblattdrucke.

A second postscript

Roeland Harms, a scholar at Utrecht University, has written Pamfletten en publieke opinie. Massamedia in de zeventiende eeuw [Pamphlets and public opinion. Mass media in the seventeenth century] (Amsterdam 2011). You can download here his 2010 Ph.D. thesis (in Dutch with an English summary) from which his new book stems.

A third postscript

For the Society for Old Dutch Law I have written a concise guide to Dutch pamphlets and legal history at Rechtsgeschiedenis.org.

An overview of digitized pamphlet collections

At my website I have created in May 2013 an overview of digital pamphlet collectiions. In this overview collections are presented  in alphabetical order by country, with short descriptions of the contents and focus.

 

Legal history on display

Rare books, digital libraries, legal iconography and landscapes are among the subjects about which I have written most of my postings. A series of contributions on centers of legal history is also one of the backbones of my blog. Only a few postings have been concerned only with one or more exhibitions. Some of these exhibitions – at museums, archives, libraries or in the form of online exhibitions – really merit attention because of the great care with which the items on display have been selected, their interesting features and the judicious commentaries added to them. Some exhibitions succeed in presenting a familiar history with unknown objects and add a new narrative to well-known facts. Such exhibitions might challenge existing views or stick too close to prevailing opinions, they might in your opinion put undue emphasis on certain aspects of a subject, but you seldom come away from them without food for thought. Very often they succeed in presenting important items from collections in a new way.

The motive for looking at exhibitions concerning legal history comes from the congress calendar at this blog. Among this year’s workshops is a workshop on rare legal books to be taught by Mike Widener of the Lilian Goldman Law Library at Yale University. From June 13 to 17 he will teach for the Rare Book School at Charlottesville, Virginia, a course entitled Law Books: History & Connaisseurship. To my happy surprise Widener mentions in his preliminary reading list for the participants of his course a number of online exhibitions created by five American law libraries, the Harvard Law School Library, the Tarlton Law Library of the University of Texas at Austin, the Daniel R. Coquillette Rare Book Room of the Boston College Law Library, the Robbins Collection at Boalt Hall of the University of California at Berkeley, and the Rare Book Room of the Lilian Goldman Law Library. I had already encountered a number of these online exhibitions, but I had not thought yet of bringing them together. Widener shows his knowledge in particular by having traced the Robbins Collection’s exhibition Milestones in Legal Culture and Traditions, but more probably I simply succeeded earlier on in overlooking the link to the exhibits on the website of this fine library. Books, historical documents and records are the main items shown in these online exhibitions as objects of interest and importance.

Anyone looking for online exhibitions created by libraries or archives can benefit from the database for Library and Archival Exhibitions on the Web, maintained by the Smithsonian Institution. American and British examples are surely overrepresented at this website, but the services it renders are most welcome. However, sometimes even this database cannot help you, for example when an online exhibition has moved to a new URL, or worse, has been removed from the web, due to reconstruction of a website or to sheer misfortune. The Jacob Burns Law Library of the George Washington University, Washington, D.C., organized in 2005 an exhibit called “The Duel“, but you cannot find it anymore at the URL provided. Luckily the Internet Archive enables you to retrieve it almost completely, only a number of images are missing. The article by Jennie C. Meade in the Fall 2005 GWMagazine, too, gives some impressions of this exhibit. Perhaps one day the online exhibition can be recovered. Meanwhile legal historians can view online back issues of the newsletter of the Friends of the Jacob Burns Law Library, A Legal Miscellanea. Miscellaneous, too, are the subjects of exhibitions I will mention here.

Exhibitions in America concerning legal books and legal history are announced in the newsletter of the Rare Books and Legal History section of the American Association of Law Libraries. An exhibition understandably not mentioned in the Fall 2010 issue has been redesigned and updated at Cornell University. Remembering the Triangle Factory Fire 100 Years Later, 1911-2011 is an exhibit created by Cornell’s International Labor Relations School and the Division of Rare and Manuscript Collections at Cornell University Library. The exhibit does not only contain records of eye witnesses and survivors, and documents of the investigation and subsequent trial, but also materials concerning relief work and protest, and much more. When you check Cornell UL’s list of online exhibits you will soon find more legal history, for example in the Lafayette Collection and the Maurepas Collection, in an exhibit on the abolition of slavery and an exhibit on pirates in South East Asia, which I had already dutifully noted in an earlier post on piracy. Even if it does not touch directly on American legal history I would not skip looking at the Cornell copy of the Gettysburg Address. The web-only exhibit 25 Years of Political Influence: The Records of the Human Rights Campaign from 2006 definitely has an impact for legal history.

What about online exhibitions elsewhere? On my webpage for digital collections and legal history I have so far put together just a relatively small number of exhibitions, mainly image collections, because I have not really been searching for them. Searchable databases have received more attention than online exhibits. In Italy I have spotted the online exhibition I libri antichi di Angelo Sraffa of the Università Bocconi, Milan, on the sixteenth-century lawyer Benvenuto Stracca and his treatise De mercatura and other early works on commercial law. Until that time commercial law had not been a separate field of law, worthy of treatises for its own sake. The accompanying bibliography will help you to explore this theme further.

Online exhibitions are often created for educational purposes. When you consider carefully the amount of research involved, the care bestowed on clear presentation and insightful writing, and the often beautiful design of special websites, you should not hesitate to admit their value for research and academic teaching. Sometimes individuals create websites around themes, without the help of a back-office team, and it is tempting to criticize the results in one way or another, but would you have taken the trouble to create them? Douglas Linder of the University of Missouri-Kansas City, creator of the Famous Trials website, is right to stress the fact that you need to consider the background of such websites. It is one thing to use his in my eyes very interesting set of pages on the Scottsboro Trials, and another to be aware of Cornell University Law Library’s special collection on these trials. Institutions such as the American National Archives, the Library of Congress, the British Library and the National Archives at Kew deliberately create different presentations for different groups within the public; the links lead you to overviews of their online exhibitions. Taking Liberties: The struggle for Britain’s freedom and rights is an example of an exhibition within the online gallery of the British Library. This section is clearly different from the corner with the research guides and the catalogues. No doubt readers of Paul Halliday’s Habeas Corpus. From England to Empire (Cambridge, Mass.-London 2010) will find the treatment of habeas corpus in this exhibition incredibly brief and not up-to-date, but at the very least it is not given undue prominence. Other themes concerning liberties and freedom deserve attention, too, and there is no denying the judicious use of sources and images in this exhibition.

Anyone who thinks his or her institution can do a better job, should try to follow the arduous road from initial enthusiasm through hard work to a captivating and interesting website well worth visiting. Some libraries do not only create online exhibits, but also small dossiers. In past years the Dutch Royal Library has created such dossiers on the abolition of the death penalty and on the sixtieth anniversary of the Universal Declaration of Human Rights. Links to important websites or a congress ensure that you are invited to look beyond these dossiers. To compensate for the Dutch only version at this website I offer you the overview of online exhibitions of the International Institute for Social History in Amsterdam. From the almost embarrassing wealth of archives, digital collections and three (!) Virtual Libraries at the IISH I will only mention the History of Work Information System with occupational titles from five centuries accompanied by contemporary images, and the digital version of two economic enquêtes from medieval Holland, the Enqueste from 1494 and the Informacie from 1514, with a bibliography on both documents.

At the end of this post I would have liked to end with giving the link to a worldwide register of online exhibitions that emulates the functions for the Anglophone world of the site created by the Smithsonian Institution. As for now I have not yet found it, but writing this post has convinced me it is really worth searching for. The History Guide of the Staats- und Universitätsbibliothek Göttingen will lead you to some virtual exhibitions, for example on the German Holy Empire, but Clio Online-Fachportal für die Geschichtswissenschaften – with an interface in German, French or English – will bring you more. Surely similar sites exist which enable you to search for online exhibitions and much more, and if you know about them, please share your information with me. I guess the circle is round for today with finding thanks to Clio Online the online exhibition Birth of the Nation: The First Federal Congress 1789-1791 at the George Washington University. And if you prefer knowing more about rare legal books there is Mike Widener’s reading list, or even attending his course in June.

Arguing the law with Nicolaus Everardi

In the early sixteenth century some changes become already visible in the way lawyers approached the law. Not only was there a growing interest in the history of Roman and canon law, but lawyers began to free themselves from the framework offered by these legal systems. One of the signs of this are the titles of legal treatises, the growth itself of this genre, and a more systematic approach of law. Nicolaus Everardi’s book on legal argumentation, his Topicorum seu de locis legalibus liber (Louvain 1516) is an example of this development. The book of this Dutch lawyer who presided the Court of Holland and the Great Council of Malines became almost a bestseller because of the reprints published everywhere in Europe. Printers in Bologna, Basel, Paris, Lyon, Strasbourg, Venice, Frankfurt am Main and Cologne printed this book until the mid-seventeenth century. I have found eight reprints of the first edition and eighteen of the second edition.

On the blog of the Arbeitsgemeinschaft Frühe Neuzeit Klaus Graf recently criticized sharply the new database Early Modern Thought Online (EMTO) of the Fernuniversität Hagen that enables you to search for editions of texts in the broad field of early modern philosophy and thought. The EMTO database notes in the search results the availability of online versions. In this respect Graf saw major shortcomings, because EMTO does not harvest its results from some of the major sources for early modern texts online. During my searches in digital libraries I have often looked for a digitized copy of an edition of Nicolaus Everardi’s book on which I wrote my Ph.D. thesis. Against all expectations it was EMTO that finally brought me to a digitized edition of the Topicorum liber, often printed with the title Loci argumentorum legales. More in line with Klaus Graf’s review is the fact EMTO includes only one digitized edition from a library where in fact several editions of it have been digitized, including the editio princeps of 1516. Graf ends his short review with recommending a search strategy. The German Wikisource website has a page on the creation of bibliographies and the collection of bibliographical data which amounts to a guide for searching digitized books. The proof of the pudding of a search strategy or a database is its practical use and effectiveness, so let’s proceed to test it for Nicolaus Everardi (around 1492-1532).

EMTO points to an edition of Everardi’s book made available by Google Books. However, a quick look at the book shows a shelf number and a book mark of the Bayerische Staatsbibliothek in Munich. Google Books indicates more editions have been digitized, and it is strange EMTO does not include this information. Until recently the Digitale Sammlungen formed the only gateway to the books and manuscripts digitized at Munich. These rich collections contain digitized works of Everardi’s name sake, Nicolaus Everardi of Ingolstadt (1495-1570). The new OPACPlus offers more search possibilities than the Digitale Sammlungen. It appears not only editions of the Topicorum liber have been digitized but also his Consilia (Arnhem 1642, a late edition) and even four editions of the Synopsis locorum legalium, a reworking by Georg Adam Brunner (Magdeburg, around 1555, Darmstadt 1610, Ingolstadt 1643 and Regensburg 1671).

The Bayerische Staatsbibliothek has digitized the editio princeps of 1516, the reprints Bologna 1528, Paris 1543 and Basel 1544. A second augmented edition appeared for the first time in Louvain in 1552, posthumously edited by sons of Everardi, and the reprints Lyon 1564, Venice 1567, Lyon 1579, Frankfurt 1581, 1591, 1604 and 1620, Cologne 1662. Thirteen digitized versions is more than I could have imagined!

Searching Nicolaus Everardi

Which books by Nicolaus Everardi do you find following the bibliographical strategy recommended by Klaus Graf? I will use also Graf’s general Leitfaden, his compact guide at the NetbibWiki. The Karlsruher Virtueller Katalog (KVK) is the first major tool to use. This meta-catalogue searches in library catalogues and collecitve catalogues worldwide and increasingly indicates digitized books. To show its range and depth I will take the example of the edition Paris 1543, the only result given by EMTO. When working on my thesis I had only found copies of this reprint in Munich, one at the Bayerische Staatsbibliothek, the other one at the other side of the Ludwigstrasse in the university library of the Ludwig-Maximilians-Universität München. The KVK shows copies of the 1543 reprint in Rostock, Halle, Dresden and Washington, D.C. in the Library of Congress. Somewhat surprising remains its absence in French collections. The German Wikisource has a fine list of digital collections. Searching in them will take more time, but is the obvious thing to do. To this German list I would add for completeness’ sake in the field of wiki’s the list of digital library projects on the English Wikipedia.

Let’s continue with the search tips of the Wikisource list. OAIster is since a few years integrated with WorldCat, an initiative to search in library catalogues worldwide. After having seen the results found by the KVK OAIster’s harvest is very minimal, just one book written by the Ingolstadt namesake of Nicolaus Everardi, and not surprisingly digitized at Munich. OAIster’s slogan “Finding the pearls” sounds a bit hollow to me. At this moment six of his works have been digitized. The Bielefeld Academic Search Engine BASE does find only these six works at Munich, because only the documents in the Digitale Sammlungen are among the repositories harvested by BASE. Using the Europeana library portal brings you to twenty results. Only one Munich copy of an edition of the Synopsis by Brunner is noted here, the six works of the Ingolstadt Everardi are present, and nine results from Munich specifically for my Everardi. The university library at Ghent has digitized the reprint Lyon 1579, and the Göttinger Digitalisierungszentrum the reprint Frankfurt 1604. Europeana finally shows bibliographical information for the reprint Bologna 1528, Venice 1539 and 1567 with images of the title pages made available for the census of Italian imprints of the sixteenth century.

The Wikisource list continues with a number of German tools. The BAM portal, a portal to German libraries, archives and museums, mentions almost 200 search results for Everardi, fourteen of them for Nicolaus Everardi, three for the Ingolstadt law professor and one for a Memoriale juridicum created by Georg Bucksulber from Everardi’s work. BAM finds the Consilia of the Ingolstadt Everardi (2 vol., Frankfurt 1603-1604), but not one digitized book for this test case. The list mentions ZEVEP which searchs in repositories and publishers’ catalogues, and the OPUS site at Stuttgart mainly presenting modern materials in digital repositories of German universities, with nothing for my example. EROMM, the European Register of Microforms and Digital Masters, does bring just one result for my case. The Zentrales Verzeichnis Digitalisierter Drucke seems promising. It yields all digitized books in Munich of my example, but it succeeds in presenting as separate objects the parts of the alphabetical index in the edition Frankfurt 1604 held at Göttingen. I will not tediously list all German catalogues. One of the more interesting is the Okeanos server of the library centre for Nordrhein-Westfalen and Rheinland-Pfalz. This centre has also created Digibib which enables you to choose libraries anywhere in Germany, to use it as a meta-catalogue for all Germany, or to use links in its generous link selections. The HEBIS portal from Hessen is leaner than Digibib but brings less search results for my case. Intriguing and frustrating is the link to a digitized manuscript of Nicolaus Everardi Ingolstadtiensis at Stuttgart, Württembergische Landesbibliothek, HB VI 15, a persistent link unfortunately not – or not yet – correctly resolved. Searching directly at the website of the Stuttgart library did not bring me to this manuscript.

The overview at the German Wikisource has not forgotten other countries. In passing the TROVE website of the National Library of Australia is noted. The clear presentation of the different types of search results make it certainly look like a kind of treasure trove, but it brought me for this very specific case only a few useful results. The Pionier portal to Polish digital libraries is in principle the kind of tool which should bring results covering many or all digital libraries in one country, but alas without results for my Dutchman. Wikisource continues with a brief section on digitized manuscripts, scientific journals and newspapers. The low rate of digitization in Switzerland is lamented, but to E-rara one can at least add retro-seals for digitized journals, the mainly Francophone RERO DOC digital library of the West Swiss library association, and for manuscripts e-codices. Dana Sutton’s Philological Museum deserves well-earned praise for his efforts to create an analytical bibliography and to locate copies of digitized books with texts in Neo-Latin written after 1500. As for now only the Ingolstadt Everardi is to be found here. Elsewhere Graf almost groans about finding out about the holdings of digital libraries in Japan, but here progress is surely possible as shown at the “DigiMisc” page of the NetbibWiki.

Some conclusions

Perhaps the Everardi case is too much a case of a rare book, a rather paradoxical conclusion for a book reprinted so often during 150 years and even having its own offspring in the form of a Synopsis and a Memoriale, but some conclusions seem clear. Using the major collective catalogues and meta-catalogues is indeed the best point of depart. The KVK and its sisters for theology and religious history, the Virtueller Fachbibliothek Theologie und Kirche and the Kirchlicher Verbundkatalog, combined with Digibib and the BAM portal, give Germany a very dense coverage. Given the fact that Europeana exists only a few year it is no wonder its results can sometimes seem meagre. Wikisource did not mention the European Library, the consortium of Europe’s national libraries. The Wikisource page does offer a useful general approach to digitized books, and not just a handy list for checking bibliographical data. The NetbibWiki, an initiative of Klaus Graf, offers far more detailed pages on many aspects of libraries and digital collections, for example for incunabula. It helped me very much creating my own page on digital libraries with a focus on law and legal history.

To me the best practice seems to start using the major meta-catalogues, such as the KVK, Melvyl (California), the Belgian LIBIS networkURBS and maybe the Vatican Library as a class of its own, then to go to the large digital libraries and specific national digitization projects, and finally to use the collections assembled for the field of legal history, history and law. This is a world awaiting to be conquered, and surely searching digitized materials will still consume time. However, taking into account this triple approach means also you are following the path set out by Everardi who discussed among his forms of legal argumentation a enumeratione partium, “from counting the parts”.

A postscript

Klaus Graf points at his blog Archivalia to a list of French digital libraries at Bibliopedia. Karen Reeds points to the Internet Archive, only briefly mentioned in the list on Wikisource. It contains a growing number of books from American and Canadian libraries, and the search possibilities of the Internet Archive deserve close attention.

For old juridical books it is never too late to check the holdings of the Max-Planck-Institut für europäische Rechtsgeschichte in Frankfurt am Main and this institute’s catalogues of old editions created by Douglas Osler. National bibliographies, bibliographies of legal books – e.g. the Bibliography of Early American Law by Morris L. Cohen (6 vol., Buffalo, N.Y., 1998; supplement 2003) - and special bibliographies for old editions, some of them online such as the Short Title Catalogue Netherlands, the Short Title Catalogus Vlaanderen for Flanders, the German VD16, VD17 and VD 18 (with digitized copies), the English Short Title Catalogue, the Italian EDIT16 and the Catálogo Colectivo de Patrimonio Bibliográfico Español, should not be forgotten. Book History Online is a database of the Dutch Royal Library in which you can search for bibliographical literature.

What makes a book rare?

No doubt in 2011 rare books will show up in this blog. But what makes a book rare? I had no idea I would write about rare books in my first posting this year, and perhaps this fact helps to understand the word rare better. Instead of rare, meaning only seldom seen, known to be present at only a few locations, rare often has the added quality of being unlooked for. The departments of research libraries for Rare Books and Special Collections often combine this approach of bringing together manuscripts and books that have survived the centuries, editions of texts once common but now only found after extended research, and books and items brought into the possession of a scientific institution in a remarkable way. A scholar left his book collection, his research notes, lectures or papers to a university library, or a librarian succeeds at an auction in buying books on a particular theme. Sometimes a particular book was already a rarity at the time it left the press because of its contested contents or of its beautiful layout. It could have been printed on expensive paper or even parchment, and a priceless luxury binding increased its value, too.

You might have guessed that I somehow could not help spotting old books today, completely against the planning for new postings. I surfed to Belgica, the digital library of the Royal Library in Brussels. As an example of valuable editions now digitized the Royal Library presents in its showcase a volume with 43 juridical dissertations defended between 1652 and 1655 at the University of Franeker under the aegis of Johann Jacob Wissenbach (1607-1665). The accompanying note states these dissertations are not included in the Short Title Catalogue Netherlands (STCN). The STCN aims at presenting data on Dutch imprints between 1540 and 1800 present in a generous selection of major Dutch libraries.

Which facts would enforce the conviction that these old juridical dissertations once defended at a university in Frisia are indeed rare and worth digitizing? The volume came originally from the library of the dukes of Arenberg and was confiscated after the First World War. This story accounts at least for the unexpected way this volume came into the possession of the Belgian Royal Library, but surely more can be done to estimate its rarity. One of the major projects for digitizing old dissertations is housed at the Max-Planck-Institut für europäische Rechtsgeschichte at Frankfurt am Main. To its holdings belong more than 70,000 juridical dissertations defended at universities within the borders of the former Holy Roman Empire. At Frankfurt 31 dissertations from Franeker have been digitized, and the dissertations at Brussels are not among them. This fact can rightfully form an indication that the 43 mid seventeenth-century dissertations are rare indeed.

I will not make this post any longer than necessary, and therefore I will just indicate which further steps need to be taken to ascertain more about the rarity of this volume. One step is to look at the holdings of libraries worldwide for particular dissertations within this set. Modern meta-catalogues are truly catalogi omnium catalogorum, foremost among them the Karlsruher Virtueller Katalog. The KVK enables you to search in many catalogues – including collective catalogues – at the same time with just one search action; text search is one of the latest additions to the KVK. Neither the KVK nor a few other major collective catalogues mention these particular dissertations. The other way to tackle this question is the road of bibliographies. Ferenc Postma and Jacob van Sluis published for the Frysk Akademie a bibliography of publications from Franeker, Auditorium Academiae Franekerensis. Bibliographie der Reden, Disputationen und Gelegenheitsdruckwerke der Universität und des Athenäums in Franeker 1585 – 1843 (Leeuwarden 1995). Postma and Van Sluis did every effort to find disputations from Franeker wherever held. In my opinion one can state safely whether an old edition from Franeker is rare or not by referring to their bibliography. Tracking juridical dissertations and establishing their authorship is something for specialists indeed. On publications by lawyers from Franeker it is also useful to look at the Bibliografie van hoogleraren in de rechten aan de Franeker universiteit tot 1811 by Robert Feenstra, Theo Veen and Margreet Ahsmann (Amsterdam 2003).

Tresoar at Leeuwarden is the institution which combines the forces of the Frysk Riksarchyf and the Provincial Library of Frisia. For curiosity’s sake and because of the rich holdings housed at the former Treasury I checked for Johann Jakob Wissenbach in its catalogue. For Douvo Mellinga who held a disputation in 1654 contained in the set at Brussels a small volume survives with laudatory words by Wissenbach; to guess from the abbreviated title poems are concerned.

To round off for today, some books are certainly unlooked for! You will not expect Frisian books at Brussels. However, take for a random example a digitized book on Danish litterature at Tresoar in Leeuwarden, the edition Hafniae (Copenhagen) 1651 of [Runir] seu Danica literatura antiquissima by Ole Worm, is less surprising in view of the relatively small distance between Frisia and Denmark. I look forward to find more at the Belgica collection at Brussels, even if I have to inform you that the search function for this digital library does not work as expected. Using the normal catalogue and being alert for URL’s in the search results brings you to the digitized items, not just books, but also maps, music scores, drawings, engravings and medals.

A postscript

In this post I did not give a clear and succinct answer to the question whether the Brussels volume is rare indeed, but I can now safely vouch for its rarity. Checking for Douvo Mellinga in the Karlsruher Virtueller Katalog led me to the Gemeinsamer Verbund Katalog which shows at the Universitätsbibliothek Hamburg a volume with two sets of disputations from Franeker, 43 in the first and 59 in the second, all presided by Johann Jakob Wissenbach, printed by Arcerius (Franeker 1658). In this volume the first disputation by Bartholomaeus Franck seems to be identical with the first disputation in the Brussels convoluted set, and the eleventh disputation in both sets is by Douvo Mellinga. It seems the Hamburg online catalogue shows old or incomplete bibliographical data, or more probable, one assumed the publisher of the second set to be also the publisher of the earlier “first” set. Cataloguing old juridical dissertations is a task for experts, and I do not want to offend any librarian. Ferenc Postma send me a comment stating he and Jacob van Sluis have found some 500 “new” titles for a supplement to their bibliography.