At the passing away of Peter Landau

Peter LandauEvery year the death of scholars in the field of legal history makes you reflect about the very different paths scholars pursue in their research. Over the years I try here not to look only at their scholarly achievements, but also at the way they lived, their human qualities and attitude. Sometimes it is challenging to give a complete picture of someone in view of his many activities. With Peter Landau not only a scholar of medieval canon law has passed away. The Monumenta Germaniae Historica and the Max-Planck-Institut für europäische Rechtsgeschichte announced his passing on Thursday May 23, 2019. Here I will look briefly at his scholarly career and publications, and I will tell about my personal experience with him in Munich.

From Berlin to Munich

Berlin was the place of birth of Peter Landau (February 26, 1935), but you must mention a lot of other towns in Germany and abroad when you want to do him justice. You will find the main dates of his life in the curriculum vitae on the website of the Stephan-Kuttner-Institute for Medieval Canon Law. Landau studied from 1953 onwards law, philosophy and history in Berlin, Freiburg im Breisgau and Bonn. In 1956 he got support from the Studienstifitung des deutschen Volkes. He stood his first federal juridical examination (Erstes Juristisches Staatsexam) in Cologne in 1958. In 1960 he became an assistant at the university of Bonn. Guided by Hermann Conrad he defended in 1964 his dissertation on the canonical concept of infamy, published as Die Entstehung des kanonischen Infamiebegriffs von Gratian bis zur Glossa ordinaria (Cologne-Vienna 1966). His PhD thesis brought him in 1965 to Yale University where he worked with Stephan Kuttner, not only for the preparation of his second dissertation (Habilitationsschrift), but also as a lecturer on canon law. In 1968 he defended his study on the role of church patrons in medieval canon law, published seven years later [Ius Patronatus. Studien zur Entwicklung des Patronats im Dekretalenrecht und der Kanonistik des 12. und 13. Jahrhunderts (Cologne-Vienna 1975)].

Peter Landau hold his first tenure as a law professor from 1968 to 1987 at the very new university of Regensburg, founded in 1962 and really starting in 1967. In these years he was twice a guest lecturer in the United States, at Berkeley in 1977 and in Chicago in 1984. He declined the call in 1983 to succeed Helmut Coing at the university of Frankfurt am Main. It will not do mentioning here all academic honors bestowed on Peter Landau. His membership of the Bavarian Academy of Sciences led him in 1986 as their representative to the board of directors of the Monumenta Germaniae Historica (MGH), a role he had until 2014. In 1987 he became a professor of law at the Ludwig-Maximilians-Universität München in the surroundings of the Leopold-Wenger-Institut für Rechtsgeschichte. His major role in the field of research concerning medieval canon law is clear from his presidency of the Society for Medieval Canon Law (1988-2000) and his presidency of the Stephan-Kuttner-Institute of Medieval Canon Law since 1991.

In Munich

When you look at the list of Peter Landau’s publications, even when only updated until December 2014, the years in Munich gave him the space and time for many publications despite a growing number of other tasks and duties. In July 1992 Landau hosted the quadriennial International Congress of Medieval Canon Law. By chance I had planned to work in Munich for my own thesis in June 1992. Even during the weeks of preparation for this congress other things continued as well. I attended the seminar Landau held on Anglo-American legal philosophy. I remember helping the staff with sending out by post the final congress mailing. The congress was a great event, not just a chance to meet people, but also a gathering of scholars from different disciplines all bringing their light on medieval canon law.

Rather unexpectedly the Institute of Medieval Canon Law had to move from Berkeley, and in 1995 Munich was chosen as its new home. At a meeting in May 1995 with Peter Landau he asked me whether I would like to help with the new start of this research institute, and in particular with creating again a functioning library with the scholarly collection of Stephan Kuttner. Early 1997 I came to Munich to start with this task. Imagine yourself surrounded by hundreds of large boxes, many of them containing books, others offprints, letters and microfilms! Peter Landau set the direction of the things to do and just as important, he showed his confidence in me. His connection to the MGH helped to get quickly support from its library staff in creating an electronic catalogue. He urged me to attend also a seminar of his colleagues in the Abteilung A of the Wenger Institute, by any account Germany’s focus of research into Roman law. One of the most amazing things about Peter Landau was his absolutely marvellous ability to change focus and to go straight to the matters at hand, be they the very heart or important details. He smiled when his secretary Hille Sachtler gave him his daily map with letters to sign. Details about conciliar canons and papal decretals were literally within his reach in his large office lined with walls of files concerning legal collections and about ongoing research projects he was involved in.

Creating critical editions of important texts in the field of medieval canon law is one of the most urgent needs in this field, but also an often daunting task, even for the experts of the Kuttner-Institute. Peter Landau edited with the late Rudolf Weigand and Waltraud Kozur a late twelfth century summa, Magistri Honorii Summa ‘De iure canonico tractaturus’ (3 vol., Città del Vaticano 2004-2010). He saw the completion of another summa edition, again with Weigand, Kozur, Martin Petzolt and Karin Miethaner-Vent and others, of the Summa ‘Omnis qui iuste iudicat’ sive Lipsiensis (5 vol., Città del Vaticano 2007-2018). The presence of these editions is among the most important developments in the field of ongoing research into medieval canon law.

You will soon be aware of the sheer width of Landau’s scholarly interest when you look at the different subjects and periods he addressed in his publications. The number of journals he contributed to is impressive in itself. It is a surpise to note his article on ‘Karl Marx und die Rechtsgeschichte’, Tijdschrift voor Rechtsgeschiedenis 41 (1973) 361-371. A number of his articles concerning canon law have been reprinted with updates in the volume Kanones und Dekretalen. Beiträge zur Geschichte der Quellen des kanonischen Rechts (Goldbach 1997). You can find his contributions on many more themes in the volume Europäische Rechtsgeschichte und kanonisches Recht im Mittelalter. Ausgewählte Aufsätze aus den Jahren 1967 bis 2006 (Badenweiler 2013). Last year a volume appeared with 40 articles showing also his interest in German law of the tweo last centuries [Deutsche Rechtsgeschichte im Kontext Europas (Badenweiler 2018)]. He was the editior and co-editor of a number of volumes with articles on a variety of themes. His book on the foundations and history of Protestant church law shows another theme of his publications, Grundlagen und Geschichte des evangelischen Kirchenrechts und des Staatskirchenrechts (Tübingen 2010)Catholic Bavaria proved to be a most welcome and respectful home for the Protestant Landau.

Peter Landau showed his interests in many ways. His time was precious indeed. Very often he succeeded in asking immediately the right questions. It is reassuring to know he readily made time free for a beer in a nearby Biergarten when guests left Munich after a research visit. While reading my musings I noticed that I left out some very personal memories of Peter Landau which I really like to keep private, but I can assure you they show him at his most helpful. Let’s remember Peter Landau for his energy, his vision for the study of medieval canon law, his legacy as a teacher and a prolific author. In him we have lost a man of many qualities.

 

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Clairvaux, a monastery and a prison

Screen shot "The monastery and the prison"

Every now and then you across projects which attract immediately your curiosity. In Autumn 2018 the blog L’agenda du médiéviste alerted to an online documentary with the title Le cloître et le prison. Les espaces de l’enfermement, “The monastery and the prison. Places of confinement”. The website of this project was launched on September 26, 2018. The documentary is the fruit of the Enfermements project in which several French institutions work together. Not only the abbey of Clairvaux did function as a prison, other locations have a similar history. In this post I will look both at the documentary and the project website.

Between walls

The medieval abbey of Clairvaux occupies a special place in the Enfermements project. The abbey was founded in 1115. In 1808 it became a prison which functioned until 1971. The official closure is announced for 2022. 900 years of Clairvaux’s history were celebrated in 2015. The medieval manuscripts of Clairvaux are held at the Bibliothèque municipale de Troyes and can be viewed online. Alas the special portal Bibliothèque virtuelle de l ‘abbaye de Clairvaux for these manuscripts does not function currently. You can find the medieval cartularies of Clairvaux using CartulR, a resource of the IRHT/CNRS. Archival records of this abbey are also held in Troyes by the Archives départementales de l’Aube. Among its digitized collections the AD de l’Aube presents fifteen late medieval registres de l’officialité de Troyes, registers of the official, the ecclesiastical judge of the bishop.

The website of le cloître et le prison has six main sections. The Avant-propos explains the goals and background. The glossaire is a glossary with not just terms from the monastic and incarcerated life in France. Even the Rasphuis and Spinhuis in Amsterdam are mentioned. You had best navigate this glossary using the icon on the rather small top bar of your screen. A chronology of Clairvaux helps you to see developments in their succession. In the bibliography you will find information about archival documents and images, printed sources and scholarly publications.

Screenprint of Le cloître et le prison with a part of the chronology fo the 19th century

The section with videos, Visite vidéo, takes most space in the exhibition, and equally in the helpful sitemap. Jean-François Leroux, already forty years president of the association to save the cultural heritage of Clairvaux, acts as a guide in the videos. There is no question about the quality of his calm explanations, but sometimes he seems somewhat tired, but in comparison with other more enthusiastic reporters this might well be a pleasant change. At a number of turns the team of this portal does not hesitate to use materials from other prisons, even from outside France.

The tour of the premises starts with the location nowadays called Le Petit Clairvaux, the site of the first monastery, sometimes nicknamed by medievalists Clairvaux I. The nine following sections deal with the main site, starting with the cloister walls. For each items a short motto has been chosen, often with verbs opposing each other. For the eight section, Quartier punitive, the verbs Surveiller – punir are a choice clearly referring to the study by Michel Foucault. Apart from the videos each section has an accompanying text, photos and at least one archival document. There are also some interviews with experts of the team. The navigation of the website is stylish, with a key and lock for the main menu, and in the video section a quill pen to go to the menu with the ten sections of Clairvaux. It was possible to follow the preparations for project at Twitter (@enfermements), but it has been very quiet after August 2018.

If you look at the screen print of the chronology you can gather already two elements from the long history of Clairvaux, the ongoing construction, demolition and reconstruction of the buildings and its place in French history. The chronology mentions under the year 1834 the incarceration of political prisoners, but with examples from the late nineteenth century, Auguste Blanqui between 1872 and 1879, the anarchist Peter Kropotkin in the years 1883-1886, and even Philip of Orléans in 1890, albeit lodged away from other prisoners in his case.

In this virtual exhibit the most interesting element, the comparison of monasteries and prisons, is the central element. I feel hard pressed to focus here on one particular aspect. It is exactly the variety of aspects which is brought here into view. When you remember the title of the study by Uwe Kai Jacobs, Die Regula Benedicti als Rechtsbuch: Eine rechtshistorische und rechtstheologische Untersuchung [The Rule of St. Benedict as a book of law. A study in legal history and legal theology] (Cologne, etc., 1987) it is less surprising to look at monks and nuns as persons living under a strict regime with punishments for transgressions on premises clearly designed to make such things possible. You might want to read also the study by Elisabeth Lusset, Crime, châtiment et grâce dans les monastères au Moyen Âge (Turnhout 2017).The strength of the virtual exhibit is the combination of videos showing the present locations at Clairvaux with explanations about both periods as an abbey and as a prison and proper use of historical document and images. The intuition that places with a common dining room or canteen are an institution or a company is not new!

Looking behind and beyond walls

The abbey of Clairvaux is not the only famous building in France which at a certain point was turned into a prison. In Paris the Conciergerie first was a palace, the Palais de la Cité which for centuries housed the Parliament the Paris, with only a number of prison cells. During the French Revolution it became a full-scale prison. The abbey of Port-Royal in Paris served as a prison between 1790 and 1795. Between 1793 and 1863 the abbey at the Mont-Saint Michel was home to a prison. The abbey of Notre-Dame de Fontevraud, once the royal abbey of the Plantagenets, was used as a prison between 1812 and 1963. You might try to find more examples at the website of the Centre des Monuments nationaux, but somehow the search function did not work correctly.

At this point one should by all means invoke the various service of the bilingual Criminocorpus platform (CNRS), strangely absent in the production of this audiovisual project. At this portal you can read both as a PDF and in a browsable version the Guide des archives judiciaires et pénitentaires en France (1800-1958) by Jean-Luc Farcy. He puts these monasteries converted into prisons in a group of prisons for those having to serve long terms, typically in old castles, fortresses and some abbeys. Clairvaux served in this quality for several French départements. Criminocorpus has virtual exhibits on Fontevraud and on Paris prisons after the fall of the Bastille.

It is really interesting to explore this virtual exhibit around the abbey of Clairvaux. The partnership of organization for cultural heritage, archival institution, research groups and communication design offices succeeds in telling an intricate history in a way earlier generations would not have thought feasible or sensible. Let Le cloître et le prison be one of your guides to the wealth of stories about this famous monument!

 

Ordinances and the book trade of the Dutch Republic

Some periods in history pose the problem of being too familiar. The Roman Republic, the Italian Renaissance, the Dutch Republic, the French Revolution and the Second World War are among the obvious examples. Sometimes scholars proclaim they can offer radical new interpretations of a period and its major developments, but often their studies reach this goal only to a limited extent. In this post I will look at a book focusing on one particular trade in the Dutch Republic. The authors make a fine case to put the book trade and the role of printed works at the very heart of the Dutch Golden Age, the seventeenth century. Andrew Pettegree and Arthur der Weduwen studied in The bookshop of the world. Making and trading books in the Dutch Golden Age (New Haven, CT, 2019) not only the beautifully produced books now found in libraries, but also ephemeral prints, such as pamphlets and ordinances, which were less likely to survive. Pettegree and Der Weduwen visited numerous libraries and archives to trace these sources, and they point to resources showing traces of books now lost. Their work touches directly on Dutch legal history, enough reason to create space here for their stimulating study.

Ongoing research

Logo STCN

In March Pettegree and Der Weduwen, both working at the University of St. Andrews in the team for the Universal Short Title Catalogue (USTC), visited the Netherlands. Apart from giving lectures and doing research in a number of archives and libraries, they acted as keynote speakers at an afternoon on March 28, 2019 about the Dutch Short Title Catalogue Netherlands (STCN) held at the Royal Library in The Hague. The STCN set standards for a high-level description of Early Modern printed works, putting the lessons of analytical bibliography into practice. Initially newspapers, broadsheets and pamphlets were excluded from the STCN, and also in particular academic dissertations. The USTC started as a bibliography for books printed in France during the sixteenth century, but it has opened its nets for all printed works from incunables up to the year 1700.

In The bookshop of the world the authors advance well beyond the commonly held view of the Dutch Republic as a country with Europe’s most active and most respected printers catering for the whole world. Their research into printed works which in a number of cases survive in unique copies leads them to the assertion books formed only one-quarter of the printed works in the Dutch Republic. Newspapers, pamphlets, ordinances and foremost very ordinary simple books for daily use take the lion’s share of the production and trade in printed works, and more than that, these works provided printers and publishers with regular work and stable profits.

Pettegree and Der Weduwen bring this new book and its bold claims as a synthesis of a number of studies they published in the last ten years. A number of volumes with essays edited and co-edited by Pettegree function as substantial building blocks, for example Broadsheets : single-sheet publishing in the first age of print (Leiden 2017) and with Flavia Bruni Lost books. Reconstructing the print world of pre-industrial Europe (Leiden 2016), the last volume also available online in open access. Earlier Pettegree published with Malcolm Walsby the bibliography Netherlandish books : books published in the Low Countries and Dutch books published abroad before 1601 (2 vol., Leiden 2011). Der Weduwen is known for his study Dutch and Flemish newspapers of the Seventeenth Century, 1618-1700 (2 vol., Leiden 2017). It is hardly conceivable how a similar synthesis could be written without detailed studies on these subjects. Among Pettegree’s other books I must at least mention The book in the Renaissance (2010) and The invention of news. How the world came to know about itself (2015). The idea for the book about Dutch books can remind you also of a collection of his own articles Pettegree published in 2007, The French book and the European book world.

The main sources to support the claims of Pettegree and Der Weduwen are themselves products of the vibrant Dutch book trade. In the late sixteenth century Dutch book traders independently created book auctions, accompanied by auction catalogues, as a new phenomenon of the European book trade. Dutch publishers early on included advertisements in the newspapers the printed, including announcements of new books and book auctions. Some very popular books were reprinted almost every year. However, in some cases we know about them only because they figure in an auction catalogue which mentions one or two editions or in the stock catalogues some publishers issued, yet another new medium. Pettegree and Der Weduwen realized how city councils paid for ordinances printed as broadsheets to be fixed at public buildings, thus offering to printers a reliable source of income. Almanacs, prayer books and catechisms, other religious works and all kinds of manuals may not have survived the centuries in large numbers, but these often small-sized works helped printers and publishers to survive. Printing a too large or a too small number of copies of a work catering for a more educated public might well ruin a firm or hamper its functioning for many years. Some inventories exist which show the large number of unsold books and paper stocks with many thousand sheets in the shops of printers who went bankrupt. Such numbers of sheets allow for extrapolating the annual number of books printed in the Dutch Republic. I do not want to spoil your reading with the actual number offered by the two authors!

An archival turn

The bookshop of the world is a fascinating book, not only for its views on the Dutch book trade, but even more for its vision of the Dutch Republic in which printed works formed a key element in communication. While reading the explanations of political developments and events in the seventeenth century time and again I marvelled at the natural way they underlined the important role of printed works. II even started wondering if this had been presented ever before in such a convincing way, yet based on painstaking and often daring research.

At Het Utrechts Archief a project for the description of some 5,000 Early Modern ordinances issued by the city of Utrecht and the States of the province Utrecht was finished in December 2017. It is more sensible to search for ordinances in archives, but as long scholars researching the Early Modern print world focused on books they first and foremost visit libraries. Archives would more readily make efforts to create finding aids for archival collection than spend money, time and expertise on describing pamphlets and ordinances. Not only ordinances were printed separately, resolutions of the Staten-Generaal and other States appeared thus in print. Last year the Huygens Institute / Institute for Dutch History in Amsterdam started the project REPUBLIC to digitize all early Modern resolutions of the Staten-Generaal. In 2018 Annemiek Romein (Erasmus Universiteit Rotterdam and Universiteit Gent) started blogging at Bona Politia about her project to create better access to Dutch legislation in all its forms during the Early Modern period.

Logo Trinity College Dublin

Pettegree and Der Weduwen did visit numerous archives and libraries all over Europe searching for copies of known printed works and copies of unrecorded editions, and they will continue to pursue the path of personal inspection. It is difficult to highlight any institution with unexpectedly rich Dutch collections, but I think legal historians will want to know about the Fagel Collection held at the library of Trinity College Dublin. In 1802 this library succeeded in buying en bloc the library of Hendrik Fagel (1765-1838). Fagel, the last of an illustrious line of griffiers, heads of the chancery of the Staten-Generaal, had to sell his voluminous private library built by him and his ancestors since the 1670s. Whether you look at his books, the ordinances, the pamphlet collection or the maps the riches are astonishing. At least 500 pamphlets in Dublin are not recorded anywhere else. The volume edited by Timothy R. Jackson, Frozen in Time: the Fagel Collection in the Library of Trinity College Dublin (Dublin, 2016) can tell you more about this private library, and the generous bibliography on the website of the Fagel Collection offers you still more.

Some reflections

At the meeting around the Short Title Catalogue Netherlands in March both the staff of the STCN and the USTC emphatically encouraged people to send their thoughts and comments about these database directly to them by email. I cannot and will not hide my enthusiasm about The bookshop of the world which rightly has been published also in a Dutch translation {De boekhandel van de wereld. Drukkers, boekverkopers en lezers in de Gouden Eeuw (Amsterdam 2019)], but of course it is possible to make some remarks. There is a clear need to be aware of the different qualities of the STCN and the USTC. Pettegree and Der Weduwen applaud the high standards of the descriptions in the STCN. Such information makes it possible to distinguish clearly between editions, editions with only a changed title page and new editions. In this sense the USTC and comparable catalogues need the power and skills of analytical bibliography. In its turn the USTC has started to become a truly universal catalogue for printed work published in Europe between the start of printing in the mid-fifteenth century and the year 1700. The original cores of the USTC are the two bibliographies of sixteenth-century French editions, French vernacular books : books published in the French language before 1601, Andrew Pettegree, Malcom Walsby and Alexander Wilkinson (eds.) (2 vol., Leiden, etc., 2007) and Books published in France before 1601 in Latin and languages other than French, Andrew Pettegree and Malcom Walsby (ed.) (2 vol., Leiden, etc., 2012). USTC casts its nets now considerably wider, but this would be unthinkable without such large-scale bibliographies produced over the years.

Logo STCV

At the meeting in March Steven Van Impe (Hendrik Conscience Erfgoedbibliotheek, Antwerp) told his public about the way the Short Title Catalogue Vlaanderen (STCV) is not just the Flemish counterpart of the STCN, not just a little sister doing a sister act, as he put it. From the start the STCV did not only include books, but also newspapers, broadsides and pamphlets. This was simply more feasible for the STCV because even now the total number of entries is after twenty years just below 50,000, whereas the STCN has a total content of closely to half a million works. The STCV publishes an online version of its manual for book description, and there is a yearly series of four seminars with each time fifteen participants willing to become bibliographers of Early Modern printed works. Thus the STCV team trains both scholars and staff members of institutions with relevant holdings in contributing to the STCV. In my view this training program is exemplary.

Among other things to note is the fact Dutch ordinances in the Early Modern period were printed from 1600 onwards which makes it much easier to read them. The excuse of not being able to read such legal resources is simply wrong. For such printed works it is now increasingly possible not to plod in a library through unwieldy printed volumes which sometimes lack sufficient indices or offer only a selection of ordinances. Instead it is wiser to go to an archive, ask for their copy of a publication with Early Modern ordinances and use their library to find editions of individual printed ordinances. You will appreciate the difference between reading an often much later edition of an ordinance, and handling the original edition, sometimes even in either a broadside or pamphlet format. You might imagine yourself listening to the city crier announcing the latest rulings, hearing them read by the vicar in your village church after the Sunday service or pushing with your elbows to get in front of the newest ordinances posted at the city hall or elsewhere in town.

A book with nearly everything?

Only when I had almost finished reading The bookshop of the world I noticed some omissions. The first concerns our knowledge about the books and book collections of women. The authors have not encountered any auction catalogue or other sources showing a woman’s book collection. It is possible to point to at least some catalogues pertaining to books held by Anna Maria van Schurman (1607-1678), the first female student at Utrecht University who became a polyglot author corresponding with many scholars. In Utrecht she lived for many years literally next door to theologian Gisbert Voetius, well known for his opposition to Descartes. PIeta van Beek succeeded with support from Joris Bürmann in her study ‘Ex libris’. De bibliotheek van Anna Maria van Schurman en de catalogi van de Labadistenbibliotheek (Ridderkerk 2016) in tracing six catalogues concerning her books and the collection of the Labadist sect she had joined in 1669. Van Beek edited the texts of the catalogues and even added images of two catalogues. The library of The Grolier Club in New York owns five of these very rare catalogues. Van Beek suggests when Anna Maria van Schurman left Utrecht in 1669 for Amsterdam to follow Jean de Labadie she probably asked a theology student to get her books auctioned under his name [Catalogus variorum & insignium librorum praecipue theologorum D. Aemilii à Cuylenburg (…) (Utrecht 1669; copy Wolfenbüttel, Herzog August Bibliothek)]. Two auctions with books from the Labadists took place at Altona, and thus they can escape scholarly attention when you search only within the Dutch Republic. It is perhaps useful to note here you can search freely even without licensed access to Book Sales Catalogue Online. You can even see some images of the books you find. This exceptional case confirms in particular how you must cast your nets as widely as possible to ascertain facts about Dutch book printing and ownership.

The second omission I noticed touches on the publication of legal works. In chapter 12 concerning the printed publications of people trained at university level theology and medicine get more attention than jurisprudence. Pettegree and Der Weduwen flatly state legal works in print were mostly imported from abroad, which is basically a correct statement for works in Latin, and that only few Dutch lawyers published their works in the Netherlands. Here it seems the authors did not notice for example the series Bibliografie van hoogleraren in de rechten (…) concerning the works published by professors of jurisprudence at a particular Dutch university, for which you can even find two volumes online (PDF), the Bibliografie van hoogleraren in de rechten aan de Universiteiten van Groningen en Harderwijk tot 1811, B.S. Hempenius-Van Dijk et alii (eds.) (Amsterdam 2013) and Bibliografie van hoogleraren in de rechten aan de Utrechtse Universiteit tot 1811, edited by Margreet Ahsmann, Robert Feenstra and Corjo Jansen (Amsterdam, etc., 1993). They could have used also Douglas Osler’s Catalogue of books printed in Spain, Portugal and the Southern and Northern Netherlands from the beginning of printing to 1800 in the library of the Max-Planck-Institut für Europäische Rechtsgeschichte (Frankfurt am Main 2000).

Title page of Willem van Alphen, “Papegay ofte Formulier-boeck van alderhande requesten (…)”, 1642 – copy Ghent, University Library

You can search for the works of Dutch legal authors of the seventeenth century in the STCN such as Paulus Voet, his son Johannes Voet, Arnoldus Vinnius, Antonius Matthaeus II and III, and others, and make up your mind about their presence. Surely it makes sense to distinguish between works on Roman and natural law, and publications about Dutch law, both in fact these authors often published about both subjects. Pettegree and Der Weduwen are right to look in this study in particular for the more popular works that were less likely to survive in libraries. Recently I looked at the models for legal actions at court compiled by Willem van Alphen, secretary of the Hof van Holland in The Hague, in his Papegay ofte formulier-boeck van allerhande requesten (…) (first edition The Hague: for J. Verhoeve, 1642; online, Ghent University), a book reprinted four times during the seventeenth century. In 2017 I have written here about the books written by Simon van Leeuwen, not a university professor. The STCN currently has some 4,560 titles from the seventeenth century with the subject code Law, and this figure should be viewed in the light of its overall total of printed works.

Let these remarks not stop you from benefiting from an important and most readable study! Some attention to legal books serving the needs of the ordinary notary or barrister would have completed Pettegree’s and Der Weduwen’s most readable and convincing vision of the Dutch Republic as a country with an explosion of printed works exerting influence at any level, and some major innovations in the world of books. Law and jurisprudence were part and parcel of this society which thrived on communication in print.

A postscript

On December 5-6, 2019 a conference will be held in Liège on Printing and disseminating the Law in the Habsburg Netherlands, the Dutch Republic and the Prince-Bishopric of Liege in the Early Modern period (16th-18th century). The call for papers is out, with as deadline June 30, 2019. You can send your proposals to Renaud Adam and Nicholas Simon.

Sending a sign by signing: A Dutch petition from 1878

Start screen "Volkspetitionnement 1878"

Elections and choices make headlines this month. On March 20, 2019 elections were held in the Netherlands for the provincial councils and for the water management boards. The results of the election for the Provinciale Staten matter for the continuity of the current cabinet, because members of the Staten will elect senators later this year. To all political turmoil a terrible shooting incident in my peaceful home town Utrecht on March 18 added an atmosphere of shock, disbelief, grief and much more, depending on your closeness to the spot and the people afflicted. Last Friday a silent march has been held to the square where a woman and two men were killed. I had to reflect about a theme for a new post.

Last week the online Revoke Article 50 petition in the United Kingdom called my attention. Instead of stepping into the vexed questions around the Brexit I think looking at a late nineteenth-century petition is well worth attention here. The Volkspetitionnement 1878 [People’s Petition 1878] was held as a plea to secure space and governmental subvention for Christian education. Some 300,000 Protestants and 164,000 Catholics signed this petition. In the project led by the Vrije Universiteit Amsterdam and the Radboud Universiteit Nijmegen the data of the petition have been used to create a searchable database and an interactive map. This petition was held in a period with a much smaller electorate, just 100,000 men, and even before the first Dutch political party came into existence.

Creating attention

Logo Vele Handen

The project to create online access to the 1878 petition is a project of many institutions and also the general public. In 2016 the Vrije Universiteit Amsterdam started the project after the Dutch National Archives had made 11,000 scans. At the crowdsourcing platform Vele Handen [Many Hands] volunteers could read the scans and enter the data into a database. In June 2017 the project website was launched. The Nationaal Archief in The Hague has a concise news item about the project on its website, with a link to the scans of the original petition [NA, finding aid no. 2.02.04, Kabinet des Konings (The Kings’ Cabinet), inv.nos. 4482-4502 (Protestants) , 4541-4547 (Catholics)].

In 1878 a law was passed in the Dutch parliament which stipulated only general public schools for primary education could receive financial support from the government. Christian political leaders felt injured and sought a way to get this law repelled. Among these leaders was no lesser figure than the Protestant theologian and politician Abraham Kuyper (1837-1920) who founded in 1872 the newspaper De Standaard [The Standard], in 1879 the first Dutch political party, the Anti-Revolutionaire Partij, and in 1880 the Vrije Universiteit. From 1901 to 1905 he acted as prime minister. You might want to look for his published works in the Kuyper Digital Library and the vast Kuyper Bibliography in the digital collections of Princeton Theological Seminary. His legacy is among the cores of the documentation center for the history of Dutch Protestantism, the HDC of the Vrije Universiteit.

The project website gives a good overview of the actual history of the 1878 petitions, and I use the plural on purpose. In 1877 the liberals had gained power. While Dutch Protestants had already for decades followed the changes in Dutch education, the 1878 law brought first of all Dutch Catholics into action. In June 1878 they launched three petitions, respectively to the members of the Tweede Kamer, the Senate and king Willem III, raising respectively 148,000, 164,000 and 164,000 signatures. A month the better organized protestant movement succeeded in raising 305,000 signatures within one week. However, on August 17, 1878 the king confirmed the new law. On the project website you can find a succinct bibliography (PDF) about this movement which did not reach its immediate goal, but certainly helped creating political awareness and stressing the need for a more effective organization of political opposition.

A scan of signatures from Oudenbosch, 1878 - source: Nationaal Archief

A scan of signatures from Oudenbosch, 1878 – The Hague, Nationaal Archief, collection 2.02.04, inv.no 2546, scan 162

At the project website you can search for individuals who signed one of the petitions, using their family names and for locations, or use the interactive maps to gain insights into the number of signatures placed in particular provinces and locations by a specific religious denomination or by both denominations. For each person who signed at least his name and (abbreviated) Christian name, residence and denomination have been registered, but the results page provide also space for other information, notably profession and the number of children, and a link to a scan of the page with the signature. I could not resist to check whether of my ancestors signed the petition. In my line of descent some names return regularly, and many of them lived in the western part of the province Noord-Brabant, mainly in Breda, Etten-Leur and Oudenbosch. One of the two Hendrikus Vervaart’s in Oudenbosch is surely my great-grandfather. I compared this scan with his signature in the marriage registration held at the West-Brabants Archief in Bergen op Zoom. Provided additional information has been entered in the database or that you have found elsewhere information about an ancestor, this resource surely adds color to the history of your family. You can press a button Informatie toevoegen (Add information) to enrich the data. It is nice to see the double use of crowdsourcing in this project.

Beyond quick success

To say the least, the Protestants and Catholics of 1878 would surely find the cooperation for this digital project remarkable, but in fact both movements found each other as political partners in dealing with the Schoolquestie, the question about the way to get funding from the government for schooling along denominational lines. In 1879 Kuyper formed a political party. In 1888 a first Dutch cabinet led by the confessionelen was formed which succeeded in getting equal financing of neutral and denominational schools. Over the years this political cooperation was not always easy, but a century later the major Catholic party and two Protestant parties merged into one political party.

The massive response to these petitions made especially the Catholics more visible in the Netherlands. Their existence in a nation styling itself as totally “Reformed” had almost been denied by historians. It showed in a graphic way the very limited franchise to vote of the late nineteenth century. It proved to be a spur to Abraham Kuyper to develop his visions of Christian life and organization in modern society, famously abbreviated as sovereignty in your own circle. He helped shaping a country which became for decades dominated by societal pillars, zuilen, subsections of a society in which one could live to a large extent from the cradle to the grave without serious interaction with other groups.

As for the present role of petitions and their future, I do not think historians can provide blueprints for the future, but they can make you pause for thought and reflection, and help you to see current developments in multiple perspectives. The website of the Volkspetitionnement 1878 offers a window on a very interesting period in Dutch politics and government, if only already for the fact it was composed of four petitions.

Legal history at Medieval Digital Resources

Banner Medieval Digital Resources

In the tenth year of my blog I feel the need to look back at some telling contributions. In a number of posts I compared portal for legal history, for medieval history, and even two major national digital libraries. In this post I would like to look at one particular portal for medieval studies, Medieval Digital Resources (MDR) created for the Medieval Academy of America. This portal was developed between 2014 and 2016. The project was launched in December 2018. Somehow I have not noticed the launch of this portal. In view of the efforts behind it and the criteria for inclusion and description it seems most interesting to discuss MDR here in detail, with some particular questions as a focus: What place does legal history hold at this portal? How does its place reflect the many roads of legal history?

Aiming high

Logo MDR

The explicit aim of the portal is ” to provide access to websites that contain content of interest to medievalists and meet the Academy’s scholarly and technical standards of web presentation”. In my view this leads to two goals, selecting resources which are sufficiently interesting for scholars, and at the same time considering the quality of the virtual representation. I see here two questions: Do resources meet scholarly needs and standards? How well is their technical realisation? The Medieval Academy of America thanks a number o people in the acknowledgements, in particular Maryanne Kowalweski for designing the database assisted by Lisa Bitel and Lisa Fagin Davis. A team with six cataloguers and eighteen reviewers helped to give MDR its present shape.

You can approach the resources brought together at MDR in three ways. It is possible to browse for resources in alphabetical ordering, supported by an alphabet and a section Recent additions. A second way is offered by the search interface with multiple fields. You can search here directly for the title and description of resources, the date range and subject, the type of resource, the geopolitical region and the original language. You can also search for the original author or creator, the type of digital resource, the license, the modern language and the project status. A number of fields work with dropdown menus. The third approach is using the search field descriptions. Here you can find lists of descriptors for five search fields: subject, source type, region, original language and type of digital resource. You can look at the notes about the names of medieval authors which tells us catalogers will enter author names only when a sufficient amount of material within a resource stems from a particular author. The page about project status explains the criteria for giving a project included in MDR a particular status. The MDR depends on good input and suggestions from scholars, and thus the suggestion form is an important element of the website, as is the feedback form.

The page about standards explains at its end the reviewing process for new suggestions and the way the team behind MDR will deal with suggestions, but the sets of standards and criteria take up most space. The first set focuses on scholarly quality: meeting normal standards, the need for explicitly stating aims, goals and methods used, including providing collection parameters, and bringing a substantial contribution or innovation. Digitized monographs are excluded.

The second set of standards deals with access and design. The first criterion is meeting prevailing digital standards, with as examples the NISO standard for digital collections, Dublin Core and IIIF (International Image Operabiliity Framework). The second criterion is the need for metadata and consistent maintenance of content, interface and platform. Image quality according to regular standards is a third criterion, and the fourth criterion is wide availability and easy navigation. The fifth criterion calls for clear and correct dealing with publication rights, copy rights and credentials.

The third set of rules of inclusion explains the definitions used for complete, ongoing and pending projects. A pending project is “new and incomplete”, or unstable because the content is minimal, maintenance is absent or irregular, and thirdly “or that are longer publicly available”. Could it be the word “no” is missing the last clause?! The criteria for an ongoing project are consistent monitoring and regular updates over a year, with portals, databases and collections as examples. A complete project is fully realized and maintained, and a curated image or text collection and a thematic bibliography are given as examples.

Whatever you may think of this project in its present state, the explicit use of standards and the explanations about the criteria to be followed are in se very useful. It helps you to ascertain qualities not only subjectively or from impressions.

Selecting in practice

I had firmly convinced myself to look here first of all at sources you can connect with the study of medieval legal history, but it seemed also interesting to look which projects with the status “Complete” have been included so far at MDR. Nearly thirty projects have been assigned the status Complete. The very first result is the website of the Archivio Segreto Vaticano (ASV). Surely the ASV should figure here, but I could not help noticing a number of things about the notice. The term archives has not been used for a searchable field of this description. The modern language of the ASV is only stated as English, but of course you can view this website in Italian. Reading the description of the collections guide, “The downloadable guide lists the over 600 different collections, but not individual manuscripts of their contents.”, offers some food for thought, starting with the fact this guide (PDF) is in Italian. The collections of the ASV are generally archival collections, not manuscript collections as in its neighbour, the Biblioteca Apostolica Vaticana. In view of the number of collections at the ASV it is silly to expect for every collection full descriptions in a 96-page PDF. The choice of subjects given for the ASV, just three (diplomatics, manuscript studies and papacy) is fairly restricted, even if the additional description mention the wide variety of subjects, including legal history.

However, the main reason I start to frown when reading this description is the presence of the term Catalog in the list of resource types noted for the website of the ASV. An archive has finding aids and inventories, indexes, repertories and other tools to create access to its holdings. Personally I deeply respect the ASV for its various qualities, but you will not find any online finding aid on its website or on a separate portal. The online overview of archival collections at the ASV in ArchiveGrid is based on the Michigan project (1984-2004). Older printed guides can still be very useful. The most recent guide has been created by Francis Blouin et alii (eds.), An Inventory and Guide to Historical Documents of the Holy See (Oxford 1998) which incidentally goes beyond the ASV. You might want to read also the introduction to the ASV at the website of the Vatican Film Library, St. Louis University. Somehow the MDR notice about the ASV seems not to have been carefully reviewed. I am aware that in American use the word manuscripts can also mean papers of archival records, but its use here is not very lucky.

Looking again at the MDR search interface you will remark the absence of a search field for institutions or type of institution, and thus you will need filter yourself when searching for an archival institution. On the other hand you can filter using the preset combined fields for textual evidence for particular genres of archival records. Let’s have a quick look at some other projects at MDR having the complete status. The medieval manuscripts digitized for Europeana Regia are no longer available at its original URL. It is now available in an IIIF compliant form. The Orbis Latinus dictionary figures in the 1909 version digitized by Columbia University. The updated 1972 version is mentioned, but the notice does not indicate this version, too, has been digitized at Bayerische Landesbibliothek Online. The version of Columbia University is in German, only the introduction and some further links are in English. The notice for the Piccard Watermark collection lacks information about its language (German). The fact this kind of material evidence is also present in printed books and can be used for studying book history should become clearer. In his very early and short review of MDR on December 4, 2018 at Archivalia Klaus Graf suggested another resource concerning watermarks, the Memory of Paper, is more in place.

Using the general term legal in the free text search fields brings you to four projects. It is good to see here Diplomata Belgica, a project which figured here prominently in my recent post about Dutch charters. The three following projects are the Internet Medieval History Sourcebook, the Making of Charlemagne’s Europe – my subject in another post – and RELMIN, a project concerning religious minorities, briefly mentioned here, too. I could not help noticing RELMIN is described as an ongoing project, but in fact it is only maintained, and it provides translation not only in French, but also in English. The description at MDR is bilingual! The description of the Making of Charlemagne’s Europe mentions legal documents explicitly

By all means you might start asking me why I devote space to these defective aspects of the MDR database, as if it has no right to exist in its current form. However, it is only fair to assume that a project with six cataloguers and eighteen reviewers aiming to achieve goals which follow strict, even rigorous standards, should itself show high qualities, too.

Medieval law in focus

Let’s stick with legal history in the following paragraphs. I will look in MDR at projects filed with the subject Law, Law – Civil, Law – Crime and Law – Religious law. I will look also at some key resource types associated with medieval jurisdiction and authority. I will honour the attention of MDR to both textual and material evidence. Charters and legislation offer textual evidence, seals form also material evidence.

Searching for the general subject Law brings you at present 23 items. The alphabetically ordered list with 22 results shows foremost general resources, but starting from Chartes originales antérieures à 1121 conservées en France you are sure law is not far away. The French scholarly journal Cahiers de Fanjeaux devotes issues to matters of religious law, in particular heresy and inquisition. With The Medieval Canon Law Virtual Library and the project for medieval Welsh law you arrive safely in the fields of legal history. The Monumenta Germaniae Historica (MGH) does contain a substantial number of editions of legal texts and sources, and within the French TELMA project charters occupy an important place. The filter for civil law brings you to three results: British History Online, the bibliography of the Feminae project and again the MGH. For religious law as a subject MDR brings you to five results starting with the Digital Scriptorium again to Feminae, the Medieval Canon Law Virtual Library is present again, and you will find the digitized versions of the Patrologia Latina and the Patrologia Graeca. Clearly the subseries MGH Concilia with editions of medieval councils has not been taken into consideration, as are manuscripts with conciliar texts within Europeana Regia or in the Digital Vatican Library, to mention just two MDR resources. For the subject category Law – Crime I saw only British History Online and Feminae.

For charters MDR shows currently four projects, the original French charters from before 1121 at the TELMA portal, the Making of Charlemagne’s Europe, RELMIN and the TELMA portal. Diplomata Belgica has not been tagged with the term Textual evidence – Charters. The subject category Textual evidence – Legislation yields nine results in MDR. A search for seals in MDR brings you only to British Museum Collections Online. A search for courts brings you to British History Online, the French charters of TELMA and the Internet Medieval History Source Book. In the following section I will look at the implications of this situation regarding legal history for a general opinion about the qualities of MDR.

A beta version?

When I first encountered Medieval Digital Resources I had positive expectations about its content and quality. You might think my opinion of MDR has sunk dramatically in view of the way resources for legal history are currently presented, or are present at all.  However, I think it would be foolish to judge this gateway after analyzing only one subject in some detail. Anyone hopes to find something for his or her favorite subject. Alas another thing is perhaps more disturbing. When you search for items linked for a particular modern language, let’s take Danish, it is somewhat mystifying to get more than one hundred results without Danish being explicitly mentioned when you check these results. Of course I checked for Dutch also as an original language, and here it becomes clear that in the entry for the database Medieval Manuscripts in Dutch Collections Middle Dutch has not been entered explicitly as an original language. In due time the database for manuscripts with literary texts in Middle Dutch, the Bibliotheca Manuscripta Neerlandica et Impressa (BNM-i) should be added to MDR, too.

For some subjects the MDR is already very rich, for example for music. For other subjects you would like to see more than one or two scattered references, for example for palaeography. In a general search for the word archives you would expect to see the MDR entry for the online catalog Archives et manuscrits of the Bibliothèque nationale de France, but it does not show up. In early March 2019 the MDR database contained just 136 items. Yet nowhere on the website it is presented as a beta version, and the term “growing collection” is simply too vague. On the contrary, the preparations started in 2014, and the team worked on the database until 2018. Medieval Digital Resources now looks like a pilot for a much grander project.

One of the problems I see in the MDR database is the lack of a good working distinction between literary texts and non-literary textual resources. Another problem is how to deal with resources with a very wide coverage: Do you enter all themes and subjects separately or is there a category “General”? Perhaps more serious is the approach to resources which focus on a particular language, source type, region, theme or subject, and to other resources where these are present at a more secondary level. A thorough control of the current entries and the preset filters might be helpful and is certainly feasible in view of their current number.

The team of MDR faces some very real challenges. How to steer between the justifiable wish to include projects according to strict rules in clear presentation, and the very real need to provide a sensible web guide for medievalists? If you want to get an impression of the sheer width of medieval studies you might want to look at the online Medieval Studies Bibliographies originally created by Charles Wright and now provided by ARC Humanities Press. You could start comparing for example the coverage in its bibliography for medieval Christianity and ecclesiastical sources the sections on the papacy and on canon law and councils. The ordering of sources and scholarly resources is not really clear, and comments are absent or very concise. However, Wright very wisely divides matters over nearly twenty bibliographies, including a general overview for medieval studies. I suppose you will acknowledge the fact that in daily practice we might rely often on some resources which are not absolutely perfect. You need also guidance to use the proper resources, preferably in their most reliable and updated version. The massive Handbook of medieval studies. Terms – methods – trends, Albrecht Classen (ed.) (3 vol., Berlin-New York 2010) has more than 2700 pages.

Despite my reservations and critical remarks I cannot help admiring the idea to provide a commented gateway to resources using review to clear standards. By starting with just 130 resources the MDR exposes itself to criticisms. You cannot hide the fact that a project with eighteen team members from an institution promoting excellence in medieval studies should have started differently after five years of preparation. I had expected to see already a tag IIIF compliant added for projects with digitized medieval manuscripts. Perhaps it is wiser to start enhancing MDR with a focus on countries such as England, France, the Holy Roman Empire and Germany, and to add only gradually additional resources following a plan for particular subjects, languages and resource types. It seems wise to make such things clear right from the start. Technically I found MDR rather slow functioning. Among the projects I encountered at MDR I had not yet used the licensed ACLS Humanities E-Book collection with nearly 300 books in the subject category European 400-1400. The selection contains an electronic version of Anders Winroth’s The making of Gratian’s Decretum (Cambridge, etc., 2000).

If Medieval Digital Resources will become worth visiting and using in the future, some quick measures are necessary. Hopefully scholars are willing to suggest new resources for inclusion. However excellent it will eventually become, I am sure maintaining standards and doing ordinary maintenance will be core matters for the team working to make MDR successful.

 

Archiving spies in the Early Modern Spanish empire

Cover exhibition catalogue "Espias"While musing about a possible subject for a new post I luckily remembered an announcement about a vital element within the Early Modern Spanish empire. Not only official ambassadors and delegates played an important role in informing governments, spies played an important role to. From July 2018 to July 2019 the Archivo General de Simancas presents the exhibition Espias. Servicios secretos y escritura cifrada en la Monarquiaa Hispánica [Spies. Secret services and enciphered writing in the Spanish monarchy]. The Spanish Empire formed with the Habsburg Empire a European superpower which needed crucial information from other countries, but also wanted to hide their own secrets from others. In this post I will looked at the very substantial downloadable catalogue of this exhibition (54 MB, PDF). In particular the use of encrypted writing made me curious to find out about this exhibition with three main themes: the organization of intelligence services, the spies and encrypted writing.

Archiving at Simancas

A few lines about the Archivo General de Simancas (AGS), ten kilometers from Valladolid, seem in place here. in 1540 emperor Charles V decided to create a new governmental archive, and quickly Simancas was chosen as its location. King Philip II of Spain issued in 1588 a further instruction for the running of this new archive, in fact one of the first Early Modern archival ordinances. Ten years earlier, in 1578, a new building was built for this purpose, yet another pioneering project of this period. The collections can be divided in two major blocks, the collections stemming from the Habsburgian period and those from the period under the rule of the Bourbon dynasty. The collections of the various consejos (councils) for the regions of the Spanish empire are characteristic for the AGS. For the Bourbon period five major series for the secretaries and again five series for other organisms of the state are the key elements. Outside these series you can find the Patronato Real y Mapas, Planos y Dibujos, with maps, drawings and much more.

Cover of the "Guia del investgador" for the AGS

By all means the AGS can look literally as a formidable fortress! Guides such as the Guía del investigador by Angel de la Plaza Bores (4th ed., 1992; online, 5 MB, PDF) help much to overcome your awe. In her article ‘Fuentes para la historia colonial de Brasil en los archivos españoles’ , published in 2009 in the series Guide du chercheur americaniste of the online journal Nuevo Mundo/ Mundos NuevosMaría Belén García López devoted a section to the use of archival record series at the AGS for researching the history of relations between Spain and Portugal with regard to Brazilian history. In English you might want to look at a 2014 contribution about Simancas by Claire Gilbert at Hazine. In 2016 Adolfo Polo y La Borda looked very brief at Simancas and other major Spanish archives in his post ‘Rethinking the Spanish Imperial Archives’ for the series Fresh from the archives of Dissertation Reviews. The Portal de Archivos Españoles (PARES) offers a kind of tree structure which you can navigate to find not only online finding aids but also digitized archival records. At first this might look difficult, but the online guide Taming PARES by Scott Cave and Ashleigh Dean is a must-read to gain access to all riches of PARES. There is a separate website for the digital collection with 7,000 digitized items from the Mapas, Planos y Dibujos of the AGS. A much older guide by William R. Shepard, Guide to the materials for the history of the United States in Spanish archives. (Simancas, the Archivo histórico nacional, and Seville) (Washington, D.C., 1907) can be viewed online in the Hathi Trust Digital Library. German readers might want to look at Marc André Grebe, Akten, Archive, Absolutismus? Das Kronarchiv von Simancas im Herrschaftsgefüge der spanischen Habsburger (1540-1598) (Madrid 2014).

Early Modern spies

Spy report 1572 - AGS

Detail of a deciphered spy report on fortifications in Piedmont, 1572 – AGS, EST LEG 1234-48

In the preface of the exhibition catalogue Julia Rodriguez de Diego explains how the study of the history of spies, their networks and tools is important for at least three main terrains, viz. the growth of absolute monarchies, the history of Early Modern diplomacy and the field of political theories, even its very heart, the building of states and concepts of states and Staatsräson. The first part of the catalogue deals with the organization of espionage at several levels with the Spanish state. In 1497 the pope authorized the Reyes Católicos to send spies into Africa. It seems the Spanish government scarcely needed this spur, but it proved to be a welcome confirmation. In the catalogue you will find discussions of several documents, for example instructions to virreyes (the viceroys of Navarra, Naples and Sicily) and gobernadores (the governors of Milan and Flandes, meaning the Low Countries). The chart with several layers of the Spanish state is very helpful to perceive the impact and role of intelligence services within and for Spain. Juan Velasquez de Velasco, head of the royal intelligence service at the end of the sixteenth century, wrote to the king about the urgent need for coordination of all efforts. As an example of actual reconnaissance by spies you can look at a 1572 report on French fortifications in the Piedmont region with explanations about a map showing details of these fortresses. A number of documents about payments to spies closes the first section of the catalogue. Here and elsewhere you will find images of documents and substantial transcribed parts in the commentaries.

Encrypted message, ca. 1588-1621 - AGS

An encrypted message written on linen, ca. 1588-1621 – AGS, MPD 44-48

The second and largest part of the catalogue deals with actual spies. Spies might be the word we want to use, but agents is a better term. The Spanish agents delivered reports in encrypted script, here an example written on linen using an unknown cipher code. A late sixteenth-century treatise on counter espionage (AGS, EST LEG 601-183) shows insights in the way enemy spies were hindered in achieving foreign objectives. Spies travelled over all Europe. Venice was considered the very spy capital of Europe. Some documents in this exhibition tell us about spies going to the Ottoman empire. The Spanish spies reported also on the roles and fate of spies from other countries. Corsairs were another matter of concern, as in a 1535 report about preparations for an attack at Oran. Rather grim is the story from 1536-1537 in Naples of the interrogation of a person suspected to be a judeoconverso, a converted Jew, and of being a spy for the Ottomans. Some time later he was found drowned in a river. The story of a spy working in Ireland to get information about British industry and inventions is another interesting subject. The contemporary picture of a spy heading this chapter is a nice vignette of the perceived qualities of a spy, working day and night, always watching out as if he had eyes all over his clothes. A paragraph on famous spies is a logical ending for this section of the catalogue.

The uses of encryption

Encrypted negotation report - AGS

An encrypted negotiation report by ambassador Rodriguez Gonzalez de la Puebla, 1498 – AGS, PTR LEG 52-144, fol. 2r

The third part of the catalogue deals with encryption and its uses. The traditional main ways of encryption were substitution or transposition of letters and hiding written messages. For a late fifteenth-century example of a simple cipher code with 2,400 expressions the use of Roman numbers is shown for the names of particular authorities. The code was used by the Spanish ambassador in England who negotiated for the marriage of Catherine of Aragon with Arthur Tudor, the king’s brother. It is good to see the catalogue uses here an article by María del Carmen Sevilla González, ‘Las nupcias de Catalina de Aragón: aspectos jurídicos, políticos y diplomáticos’, Anuario de Historia del Derecho Español 86 (2016) 657-726. Several documents help to give you an idea of what happened behind the screens before king Henry VII agreed in 1504 with the marriage conditions of Catherine’s second marriage in 1503 with the future Henry VIII in a beautiful illuminated document [AGS, PTR LEG 53-1].

In a final paragraph the catalogue shows examples of both general and particular cipher codes. Much of the information given here comes from a recent study by Javier Marcos Rivas, Los dueños del secreto. Espías y espionaje de la Monarquía de los Austrias en el Archivo de Simancas (Madrid 2015). A document from 1564 shows not only a text but also two bars of music [AGS, Estado, leg. 1.1.1.204]. The AGS has in its holdings a manuscript of an unpublished study by Claudio Pérez Gredilla, written in 1899 and 1900 about 200 different cipher codes found in the holdings of this archive [AGS, D/203]. The very last item is really a surprise, a 1936 German Enigma code machine from the holdings of the Museo Histórico Militar de Burgos. This object is really from another age of cryptography. It highlights the fact this catalogue focuses on the sixteenth and seventeenth centuries.

With some regret I have skipped a number of items in this exhibition catalogue, just as i have condensed four centuries of archiving at Simancas. To give just one example, a document with microscopic script from 1586 is presented separately online. You will agree with me the exhibition builds to a climax with the marriages of Catherine of Aragon and the presence of an original Enigma code machine. A particular strength of the catalogue is the ample use of images from archival records combined with partial transcriptions and extensive commentaries. To some extent you can use this catalogue also as an introduction to Spanish palaeography in the Early Modern period. This exhibition fits neatly in the tradition of the AGS for organizing interesting exhibitions, sometimes followed by a virtual exhibit, and publishing accompanying publications. It should invite you to combine your strengths in the Spanish language and the skills of the auxiliary historical sciences such as palaeography to benefit from the wealth of archival records kept at Simancas and in other Spanish archives.

Digital approaches to medieval charters

Start screen DCN

On January 25, 2019 the Digitale Charterbank Nederland [Digital Charter Database Netherlands, DCN] was launched at Het Utrechts Archief in Utrecht. In this project the Huygens Institute/Institute for Dutch History of the Dutch Royal Academy of Sciences works together with Het Utrechts Archief, many other Dutch archives, and the IT firm De Ree in Groningen to create an online database with not only medieval charters, but also charters written between 1500 and 1800. Among the speakers at the presentation was Els De Parmentier (Ghent) who made an illuminating comparison with the Belgian project Diplomata Belgica. It is only natural to compare both projects and to report on some early impressions.

The third attempt succeeds

In fact two previous attempts at the Huygens Institute to create an online database for all medieval charters in Dutch holdings had not reached their goal. Almost by chance financial support of the Dutch Science Foundation NWO, the presence of an archivist, Karel Engbers, who had recently joined the staff of the IT firm De Ree which supplies an archival system use at many Dutch archive, and the preparatory work of the Huygens Institute together resulted within eighteen months in the current database.

The DCN has a search screen with both a simple search and an advanced search mode which opens by clicking on arrows. The advanced mode is fairly restricted. You can search for phrases and for single words, and you can set a time period to limit the search results. The search tips lead you to the Dutch archives portal created by De Ree. The portal has a search interface in Dutch, English and German, but the page with search tips is only available in Dutch. In the top menu you will not find in the English and German version the choice for newspapers (kranten) and the very useful guide to institutions with holdings for cultural heritage (erfgoedgids).

The second half of the DCN starts screen

I did not want to go immediately to another track of this post, but you can hardly escape from the crucial role played by the archival system of De Ree. In fact the start page of the DCN looks below the introduction very much like the result pages of the Archieven portal. On the right you can use filters for archival institutions (diensten, shortened from archiefdiensten), the presence or lack of images and other files (bestanden), and for toegangen, finding aids. By the way, Het Utrechts Archief figures large with more than 25,000 charters, but as for now only for some 6,600 items digital images have been provided. For each charter you can go directly to the relevant finding aid. Currently the database of the DCN contains already 170,000 charters with for some 24,000 items digital images.

The proof of the pudding is in the eating, and thus two invited speakers, Hans Mol (Leiden University and Fryske Akademy) and Ronald van de Spiegel at the presentation gave an early report about the functions of the DCN. Finding all occurrences of the abbot (abt) of Middelburg proved to be not straightforward. The use of wildcards is of course important in view of the different spellings of names and locations. With the DCN you can chart for example the changes in the preponderance of papal and royal charters or measure the importance of towns. More disconcerting is the way the datations of charters can led to a presentation of results with in the date field the number 1000 – or another year starting with 1 – instead of the date in the description. In order to work properly the archival system needs to have correct input in its own datation field of the finding aid. Instead of blaming this particular system – or any system for that matter – you will have to look more carefully at the quality of the original input created by archivists. Some crucial fields might have been left empty, and sometimes even a clear indication you are dealing with a charter might be absent. The institutions using De Ree’s system can continuously add and correct their data, but those institutions which do not use it cannot easily update their data within the DCN.

Karel Engbers (De Ree) explained how he urged to widen the selection of charters mentioned within the finding aids at the beginning of the project and during its unfolding. He urged for instance to include also specific genres of charters, and also the occasions where only a top-level description is given, even the most superficial ones like “a bundle of charters, 1350-1550”.

A look at Diplomata Belgica

Startscreen Diplomata Belgica (detail)

Maybe you will already have some ideas about the DCN, but I think you can see them much clearer when you compare the DCN with Diplomata Belgica. In fact I would have preferred to write here about this outstanding digital project much earlier, but things went different. The subtitle of this website with a French and English interface clearly sets its limits and character, “The diplomatic sources of the Medieval Southern Low Countries”. You will find here charters from the territories corresponding more or less with the current country Belgium. The word diplomatic stems from the auxiliary historical science diplomatics, the discipline dealing with medieval charters. For practical reasons, the sheer number of medieval records, this discipline often halts at the year 1300, and only seldom much later, up to 1340.

In her lecture Els De Parmentier made it very clear how you can use Diplomata Belgica to search for very specific questions about medieval charters, giving you a very comprehensive range of fields with both diplomatic and additional information, in particular the presence of religious orders. Apart from the main search interface you can use the interface Recherche Tradition / Tradition Search to search for the textual transmission of charters: as original or as a separate copy, in particular repositories, the writing material, the name of manuscripts and even the Stein number for French cartularies. Perhaps the most important information of De Parmentier’s lecture was the attention to the multiple way you can study charters: within the text of a document, in documents with the same actors, documents with identical compositions, and for example in documents issued by a particular person or institution for the classic research into the working of medieval chanceries. I will leave out here her comparison with other digital projects for medieval charters, for example those at the French Telma portal, the Digitaal Oorkondenboek Noord-Brabant, the Cartago project for charters from Frisia, Drenthe and Groningen, the registers of the Hainault counts of Holland (1299-1345), the international Monasterium project. the Anglo-Saxon charters and the DEEDS project. Each of them has many qualities, but all are slightly different in their approaches. Their common denominator is the choice of approaches founded on diplomatics.

Two approaches to charters

Some impressions become clear after De Parmentier’s lecture. In its current form the DCN is mainly what it shows on your screen, a set of charters filtered from the online finding aids of a large number of Dutch archives and from data sets – and images – provided by some other archives. You can see quickly where to go for rich holdings, but the crucial quality of the data provided by these archival institutions is very clear, too. It is a bit silly to see lots of charters dated in 1000, 1040 or 1085 when you know the actual number of charters for these years is much lower. The time range of the DCN goes considerably beyond the normal scope up to 1300 of (digital) editions of charters for particular regions or princes to include charters issued between 1500 and 1800.

The DCN faces a serious problem with the way datations of charters are handled due to the quality of the input provided by holding institutions. Sometimes one date field with incorrect or insufficient information can lead to a wrong representation of the actual date range. Instead of grumbling about this state of affairs it is perhaps wiser to check the actual input and the cases which are or seem incorrect. The larger lesson is for many digital projects you will need to use fields in a correct way, think only of such standards as EAD (Encoded Archival Description) and Dublin Core, and of course for your own digital presence and services. Sooner or later you will want to share information. Many Dutch archives offer their finding aids also as open data, yet another spur for checking interoperability and correct working before connecting to other projects or presenting data to the general public. In a finding aid archivists describe items as succinctly as possible but uniquely distinguishable from other items, and it should be no surprise descriptions do not contain all possible information, let alone full transcriptions. Some archival institutions provide transcriptions, for example the Regionaal Archief Tilburg.

The DCN website mentions a diplomatic definition of charters, a single act written on parchment or paper pertaining to a legal situation or a legal action – e.g. a sale, a donation – made legally valid by the internal and external characteristics of the deed, such as a seal or a signature. For me the use of the phrase bevoegd persoon (authorised person) seems almost to exclude private persons. The phrase ‘Charter’ is de archiefterm, “[a] charter is the archival term”, wordings written by Jan Burgers, the project leader (Huygens Institute and University of Amsterdam), is simply not correct. In the latest version of the Dutch archival terminology (2003) a charter is defined as a document containing an act validated by one or more seals or a notary’s sign. This definition clearly differs from the definition in the famous Dutch manual by Muller, Fruin and Feith (1898) who saw a charter as the expedition (grosse) of an oorkonde, to be distinguished from a concept or a final version (minuut). The 2003 definition is much clearer about the documentary nature and more succinct. It is foremost an archival definition, and not primarily a concept from or defined by the needs of diplomatics. Luckily the explanations by Burgers about the importance of charters as historical sources are on spot.

Logo Huygens Institute / ING

In my view the Digitale Charterbank Nederland is a tool which reflects archival practices and needs. Its great power is the way you can look at charters within their archival context instead of seeing them only as specimens of a separate documentary genre, and having images of them on your screen. The search possibilities of the DCN are somewhat restricted, even when you allow for the way you can focus on a single archival collection. It is only wise to remember two earlier attempts to create this Dutch charter database failed. Hopefully the problem with the dates in the charters can be solved quickly by the contributing archives and De Ree. Thus we will have at our disposal a primarily archival tool which supplements other Dutch digital projects for medieval charters, such as the digitized versions provided by the Huygens Institute of the oorkondenboeken for Utrecht (OSU), Holland and Zeeland (OHZ), and Gelre (Guelders) and Zutphen (OGZ). Creating links between these editions and the DCN is one of the things that will enhance this database. In particular the coverage with digital images in the DCN is still a bit low, but no doubt this will change rapidly. The qualities of the DCN should also become rapidly available with an English, French or German interface for all scholars worldwide wanting to use charters in Dutch holdings for their research. Without some understanding of archives, archival theory and the classic historical auxiliary sciences such as diplomatics, palaeography, chronology and sigillography you will and cannot tap completely the wealth of information charters can provide.