Author Archives: rechtsgeschiedenis

A meeting of laws in ancient Egypt

Start screen Synallagma

In December 2009 I started my blog on legal history, and every year I look back in particular to see how far I succeeded in “spanning centuries and continents”, a phrase I used in an early post. The number of gaps and omissions is perhaps not as large anymore as I had feared, but some subjects and themes seem to escape my attention, or they are definitely outside my range. This week I encountered a subject which reminded me how historians can avoid a subject not only for some sound technical reasons, but also like a kind of elephant in the room, very visible but nevertheless almost not to be mentioned. When studying Roman law we long to see its influence everywhere in the Roman world, but there is a state of mind in the Roman world we do not often mention, the awe of the Romans for Greek culture. A redesigned website about contracts in Greek law can perhaps help to put the balance right. Ancient Greek law seldom figures here, another reason to look at this interesting project.

Ancient Greek law

How should one approach ancient Greek law? Even when I did not dare to write about it here I have been aware of the very useful Nomoi portal for this vast subject, hosted at Simon Fraser University, The Digital Classicist Wiki gives you a fair idea of digital projects concerning Classical Antiquity. For the latest news you can often reckon on the marvellous Ancient World Online blog (AWOL) which figured here prominently in a 2016 post about journals for ancient legal history. In a post about inscriptions I did mention projects on the rim of the Roman empire, but in fact all countries around the Mediterranean and in the Near East form the territories of Classical Antiquity. I did not hesitate to mention papyri in that post, too.

In the project in the middle of this contribution a lot of themes come together: Greek law, inscriptions, papyri and Ptolemaic Egypt. The very title of the project Synallagma. Greek Contracts in Context goes with an explicit reference by its creator, Uri Yiftach (Tel Aviv University) to its earlier title, “Greek law in Roman times”, a phrase which indeed suggested Greek law is only a footnote or at its best a lesser relative of Roman law. Synallagma means originally mutual exchange. In the user guide and introduction Yiftach explains the working of this database with some 6,000 legal documents. With twelve fields you are able to filter for your specific search question. In the advanced search mode you can add search fields at will. In the overview of results the locations of documents, mainly in Egypt, take pride of place. Among the strengths of the Synallagma database are not only the references to the main overviews of inscriptions and papyri, but they will even directly link to them. You will see for example an embedded screen with information from Papyri.info, an aggregator of the main papyrological databases. These databases bring you to images, too.

A very useful function is the clauses section which distinguishes the elements of a contract. In the start screen you can select from twelve contract categories. You can set the presentation of search results in various orders. Thus it is easy to ascertain for example the first occurrence of a cheirographon in 247 BCE, and its latest in the eighth century CE, or to filter for contracts with women as one of the parties involved, in 1220 items. The drop down menu for gender includes also a couple, groups and forms of incorporation. Acts of sale dominate with 2820 items, followed by petitions and applications. some 2,500 items, nearly 1,600 lease contracts, and nearly 1,400 loans and deposits. The sum is higher than the total of 6,000 items, and one can readily assume the petitions concern all kind of contracts. There are 420 laws and decrees.

From Greek law to the Roman empire

P.Rain Cent. 166 - image Österreichische Nationalbibliothek, Vienna

P. Rain. Cent. 166 – image Österreichische Nationalbibliothek, Vienna

I was intrigued by the testamentary dispositions (235 items) in the Synallagma database. When I saw two of them stem from Ravenna in the sixth century CE I could not help being greatly interested from the perspective of Roman law. Alas the first, P.Ital.-01-00004-and 5, dated 552-575, and P.Ital. 01-00006 from 575 did not show up correctly at first in Synallagma. At Papyri.info only P.Ital. 1.4-5 (ChLA 17.653) is present. P.Ital I refers to the edition by Jan-Olof Tjäder, Die nichtliterarischen lateinischen Papyri Italiens aus der Zeit 445-700  (Lund 1955). In the Trismegistos database (TM) P. Ital. 1-6 (ChLA 2.714) is recorded as a Latin text in Greek script. ChLA stands for Chartae Latinae Antiquiores, and you can search for items in ChLA using an online database.

Synallagma notes two other documents from Ravenna. The first is P. Rain. Cent. 166 / ChLA 45.1346 = P. Ital I 10 = TM 35870, a Latin act of sale from the sixth or seventh century CE, digitized at Vienna. Another act of sale from 151 CE (SB 6 304, TM 18822) in a papyrus held at Giessen which turns out to be a wax tablet, written in Latin with passages in Greek script. You can read about it online in a study by Hans Georg Gundel, Antiker Kaufvertrag auf einer Wachstafel aus Ravenna (Giessen 1960). Papyri.info has a checklist for the most used editions and their abbreviations. I have on purpose expanded some of these references to papyri, but in fact I left much more out as you can check yourself.

Logo Trismegistos

Recently appeared a volume of essays with the title Ravenna: its role in earlier medieval change and exchange (London 2016), edited by Judith Herrin and Jinty Nelson, now put online in open access by the School of Advanced Study in London. Simon Corcoran contributed an article on ‘Roman law in Ravenna’ (pp. 163-198) and looked also at the evidence of papyri. Trismegistos makes it very clear that many hundred papyri stem from Ravenna, but only 70 are dated later than 400 CE.

One of the few quibbles I have with Synallagma is the absence of a possibility to save your results. No doubt such features are present for those who register with the project, and do not stay content with the guest access I used. You can frown on me for leaving Synallagma so quickly for the lures of papyrological databases, and eventually even for Roman law, but we should admit Synallagma inspires you to check such resources and link them with your own favorite subjects.

As for linking places with objects I cannot help adding here a link to Peripleo, the latest jewel in the crown of the Pelagios initiative. It offers nothing less than an interactive map where you can click on modern and ancient locations to find objects from Classical Antiquity associated with them. Miraculously there is no direct entry for Ravenna, but in one of its supporting resources, the Pleiades gazetteer, it is present, clearly a case of oversight. You might feel sometimes almost sick from manoeuvring from one site to another, but did scholars not use to work with piles of books in front of them to find their way? By patiently combining and comparing information, and as often as possible looking at projects or studies with a very particular search angle such as Synallagma, you can build slowly and cautiously but also consistently. Hopefully such resources will surprise you also every now and then with insights that help you decisively.

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New ways to medieval city registers

Screenprint Stadtbücher

How do you get the larger picture? Almost with a sigh we often long to see wide vistas, yet at the same time we want to zoom in while looking at a panorama of particular things. In this post I will look both at a repertory of particular sources, medieval and Early Modern city registers, for one country, Germany, and at an attempt to create a similar overview for medieval Europe. Last week I was alerted to the project for Germany, but this week I noticed also the project for a wider overview, and comparing the two projects is the most natural thing to do.

Efforts in Germany

The German project for Deutsche Stadtbücher has a subtitle in Latin, Index Librorum Civitatum. On closer inspection this portal can indeed be viewed in German, English and Latin. As for now the Latin is restricted to the headings of fields and filters. The project is the fruit of cooperation between the Deutsche Forschungsgemeinschaft, the history department at the Universität Halle-Wittenberg and the Cologne Center for eHumanities (CCEH). The portal offers four main entrances to search: cities, city registers, literature and archives. The word Archives stands here for holding institutions, not only archives, but also libraries. You can also use a free text field search. It is possible to search only for digitized registers, too. An extra is offered in the expert search mode, and you can also use an interactive map. This map can be used with some filters, but it seems a number of them is not yet active. However, you can go to a second interactive map, the DARIAH-Geobrowser which enables you to filter for periods and series of Stadtbücher. The loading of the results takes some time… On the main map you can select other countries as well. The database has for example currently entries for two Dutch cities, Kampen and Groningen. It is great to have bibliographies for many cities.

City registers or municipal registers is a very broad term. The strength of this project is certainly the creation of eleven categories, ten categories with in four categories attention for those registers most dear to legal historians, court registers, statutes and bylaws, council registers, and the classic registers for acts and charters (cartularies). In the eleventh category you will find everything which does not clearly fit into one of the other categories.

In such a vast project, spanning five centuries, you will find inevitably aspects which are either exhaustively or rather sparingly covered. Project leader Christoph Speer explains at his staff web page that for some Bundesländer he could build on the work of Reinhard Kluge in the former DDR for 450 cities with 70,000 registers, and he refers to a number of publications about the project and German city registers.

Getting a larger view

In 2014 wrote here about a number of projects for the digitization of Dutch and Flemish city registers, in particular court registers and council deliberations. I discussed projects for Leuven, Liège, and ‘s-Hertogenbosch (Bois-le-Duc). I briefly mentioned some maritime registers at Amsterdam and a project for medieval charters in Tilburg. The Leuven project Itinera Nova is supported by the municipal archive and the Universität Köln. Especially when I looked at the map of the Stadtbücher project in which a center of this university is one of the main partners I wondered for a few moments why Leuven is not mentioned, but it is better to look first of all within the limits set for the Stadtbücher project.

Having within your reach a good and consistent repertory for one country is a fine thing, but often we set out to search for a digital version of one particular source, instead of going first to a relevant repertory. In this context it is perhaps a blessing in disguise that until recently I had not found many digitized medieval municipal registers. I had noticed a French project, Le Petit Thalamus de Montpellier, and a Scottish project, Law in the Aberdeen council registers, 1389-1511. In my 2015 post about portals for medieval history I mentioned briefly the section Paris médiéval at Ménestrel with much attention to legal documents. By the way, similar section at Ménestrel for Lissabon is promising, but has not yet reached this level.

However, very recently I encountered the project Registres des déliberations municipales au Moyen-Âge: La voix des assemblées [REGIDEL], a project concerning cities in Southern France led by the Telemme laboratory at Aix-en-Provence. On November 24, 2017 the symposium Enregistrer les conflits. Pratiques délibératives et scripturales des conseils urbains en temps de crise (XIIIe-XVe siècles, Europe méridionale) [To note conflicts. Practices of deliberation and scriptural practice in urban councils in times of crises,13th-15th centuries, in Southern Europe] took place. The project blog contains articles about cities such as Turin, Toulouse, Digne and cities in the Emilia-Romagna, in particular for Bologna.

A companion to the REGIDEL project has got its own acronym, MUAR, for Medieval Urban Assembly Records, nothing less than a projected repertory for urban council records in medieval Europe. Like REGIDEL it is currently a blog at the Hypotheses platform. The website aims at becoming an archival and biographical repertory of municipal registers, with a focus on council registers, covering the period from the late twelfth to the early sixteenth century. The interface is in English, French and Italian. Currently there are sections reserved for France, Italy, the Iberian peninsula, the German empire, Britain and Ireland, the Low Countries and other countries. The striking feature here is the wish to classify cities in one region. For a moment I thought the team behind MUAR had fallen into the trap of placing cities in regions which successively were ruled by different rulers, but they mean current regions, for France even the départements.

When I checked the various headings I found partially the same cities as mentioned above for REGIDEL. For Italy you can find Perugia, San Gimignano, Bologna, Reggio Emilia and L’Aquila. Orvieto is the most recent addition, but it has not yet been included in the section for Italy. Most links in this post are internal references. So far Marseille is the only French town in MUAR. All other sections are under construction. For each town a timeline of important events is provided. I decided to check the page for Bologna, a town which figure here in a number of posts, for examples concerning Italian city statutes and municipal ordinances. In one post I portrayed Bologna also as a center of legal history when discussing two projects in Bologna for the digitization of medieval legal manuscripts. In this post I mentioned for the Archivio di Stato di Bologna the digital version of the Estimi di Bologna di 1296-97, records estimating the properties of Bolognese citizens, and the Liber Paradisus, a register about the liberation of nearly six thousand slaves at Bologna in 1257. The MUAR project does mention the critical edition of the Liber Paradisus by F.S. Gatta and G. Plessi, Liber paradisus. Con le riformagioni e gli statuti connessi (Bologna 1956), but not the digital version. The Estimi do not figure at all, nor the digitized Registro grosso (1116-1380) and the Registro nuovo. It is tempting to say the team at MUAR has not yet realized how daunting their objective is, but we can read the notice telling the team is looking for scholars willing to cooperate with them. In view of the German project it seems wise they change from a blog to an online database to enhance search possibilities.

For Italy one can benefit from the Scrineum project of the universities of Pavia and Verona, and more specifically from the Atlante della documentazione comunale italiana (secoli XII-XIV). This Atlante certainly does not cover all Italian towns, but you can find entries for cities such as Genua, Asti, Vercelli, and in particular for Florence. Scrineum provides you with background essays about notaries and libri iurium, and with essays on types of municipal legislation, with text examples from Genua and Florence. Is it safe to assume that there are various groups of historians dealing with legal documents in medieval Italian towns, and that every group has a particular focus? Instead of taking you with me through all kind of resources I had better translate words of Paolo Cammarosano: “As for municipal libri iurium for which there is now a prospect of the creation of a repertory and successively editions, the analysis to be done must reckon with great complexity, different articulations, mixing of matters and outright disorder (…)”, a quote from his article ‘I libri iurium e la memoria storica delle città comunali’, in: Le scritture del Comune. Amministrazione e memoria nelle città dei secoli XII e XIII (Turin 1998) 95-108, online at Rete Medievali Open Archive. The impression of a quick search for literature on libri iurium in the online bibliography of the Regesta Imperii is that of a wide variety of publications focusing on a fairly restricted number of Italian cities.

 In the wake of earlier projects

One of the questions to ask for both the German and the French-Italian project is the presence and use of earlier printed repertories and related projects. For the Stadtbücher the team could rely on a project for the Bundesländer in the former DDR as a substantial point of depart. On a European scale fifty years ago a team with a great role at the start for two Dutch scholars, J.F. Niermeyer and C. van de Kieft, edited the first volume of the Elenchus fontium historiae urbanae (Leiden 1967), a project for sources before 1250. The first volume deals with Germany, Belgium, the Netherlands and Scandinavian countries. The other volumes cover France and Luxemburg (vol. II.1, 1996), Great Britain and Ireland (vol. II.2, 1988), Austria (vol. III.1, 1992) and Hungary (vol. III.2, 1997). On the website of the Commission Internationale pour l’Histoire des villes (CIHV) you can find PDF’s with the preface and overview of the contents of the volumes I and II.2. The Elenchus contains selected texts for the early history of medieval towns. The CHIV also stimulated the creation of country bibliographies.

For Germany it is easy to mention recent and earlier works. Ulrich-Dieter Oppitz published the massive repertory Deutsche Rechtsbücher des Mittelalters (3 vol. in 4 parts, Cologne 1990-1992), in itself a successor to the earlier work by Carl Gustav Homeyer, Die deutsche Rechtsbücher des Mittelalters und ihre handschriften (Berlin 1856; online, Hathi Trust Digital Library; text only, German Wikisource) and his earlier Verzeichnis from 1836 (online, Bayerische Staatsbibliothek, Munich). Both works deal with legal treatises such as the Sachsenspiegel and Schwabenspiegel, but they look also at the laws of individual cities. A number of Rechtsbücher, influential municipal laws, and Schoffensprüche (decisions of aldermen) figure in the online version of the Repertorium Geschichtsquellen des deutschen Mittelalters under the heading Stadtrecht. I invite you to check also for example at Archivportal-D and the Archives Portal Europe for all kinds of city registers, for they can offer a quick way to relevant registers, too.

Many Dutch rechtsboeken have been edited by member of the Society for Old Dutch Law. Some of the nineteenth-century editions in the first series of editions will not quite stand the proof of modern textual criticism, but at least a large number of them has been digitized at Heidelberg for the Textarchiv accompanying the online version of the Deutsches Rechtswörterbuch. It would be a good thing to create an overview of these texts, the original sources and whenever possible their current digital presence.

To conclude this contribution, proposing the creation of either a national or an European overview of city registers in their various forms is one thing, creating them in a sensible and feasible way implies thorough reflection on many matters before even starting such a project. Overviews of one particular source genre can be most useful, but you cannot lift a source or a genre out of their context completely without impairing in the end historical understanding. This consideration works certainly as a factor which makes scholars rightfully hesitant to cooperate in such projects. The fact that you work with partners from other countries will surely help to widen your horizon and question your assumptions. Let´s wish all courageous scholars who nevertheless join these projects wisdom, good luck and stamina!

A postscript

My view of the German project Stadtbücher is rather positive, but it is right to add at least one comment from Klaus Graf at Archivalia who criticizes the working of the filters and the absence of information for some German regions, in particular Baden-Würrtemberg. In my opinion the north of Germany is covered massively, for other regions you can clearly wish for more. For Saxony you can benefit from the Gerichtsbücher database for some 22,000 registers concerning voluntary jurisdiction, for example property sales, mortgages, custody and wills.

The many sides of Belgium’s legal history

Banner Digithemis

In the ocean of legal websites you encounter very different sites. There are relatively few attempts at creating portals. When I saw the Digithemis portal for Belgian legal history and discovered its qualities it was only a matter of time before I would write about it here. Digithemis has been created by the Centre d’Histoire du Droit et de la Justice, Université Catholique Louvain-la-Neuve. Currently there is no portal site for Dutch legal history, and thus there is every reason, not only for Dutchmen, to look at this website. It might well inspire scholars in other countries, too.

Simple layout and rich contents

Logo CHDJ, Univers't Catholique, Louvain-la-Neuve

One of the powerful aspects of this website is its simple layout, with an implicit promise you will not get lost here. The subtitle Système numérique d’information historique sur la Justice is best translated as “digital system for historical information about justice”. Under the first heading Applications three databases are presented. The first, Belgian Magistrates, is concerned with officials in the Belgian judicial system. The database contains personal information, details about nominations, jurisdictions and institutions. Cubes, the second database, gives you judicial statistics, information about the number of cases and given verdicts in Belgian courts of justice. As a matter of fact I was hunting for websites with historical statistics when I ran into Digithemis. The third section brings us a bibliographical database for Belgium’s legal history. The database is the fruit of cooperation between the CHDJ at Louvain-la-Neuve and the project BeJust 2.0 – Justice et Populations.

In the second section, Ressources documentaires, you will find four subjects: legislation, doctrine, jurisprudence, and surprisingly again judicial statistics. Under Legislation you can find the French versions of the various codes of Belgian law, bulletins of the Ministry of Justice (circulaires), legislation concerning the judicial structure of Belgium, and a similar section for Congo during the colonial period. For doctrine you can look at a number of legal journals, at mercuriales, discourses pronounced at the start of the judicial season by the attorneys general, and there is a bibliographical database for criminology with some 8,500 entries. The corner with jurisprudence seemed at first straightforward: for arrêts of the Cour de cassation between 1832 and 1936 you can consult the Pasicrisie, alas currently not available, and for the period 1937-2011 there is a similar site, but here I can see only verdicts between 2002 and 2015. A very much contested period in Belgium’s history comes up with the online version of La jurisprudence belge depuis le 10 mai 1940The section for judicial statistics is enhanced by a historical overview and a concise bibliography.

The section Expositions virtuelles contains two virtual exhibits. The first, Classified, looks at Belgian military intelligence forces. The second one, Mots de la Justice [Words of Justice] is concerned with images and imagery of law and justice. The accompanying congress in Bruges earlier this year has figured on this blog at the time the bilingual catalogue was published.

The next stop of this tour are the contributions, As for now there are only two scholarly articles. The Lignes de temps interactives show interactive timelines for three subjects, women and legal professions, the Belgian judicial organisation, and the jury d’assises. In particular the timeline for women in the legal profession is telling. Ten short videos with presentations in French and Dutch about recent research are the last element of this section.

Logo BeJust 2.0

Finally the links section of this website confirms its claim to be a portal for legal history. The concise choise of links concerns Belgium, France, digital resources, and some Transatlantic websites and projects. In the right sidebar you can browse for interesting items in a RSS feed. This portal does build on other major projects in Belgium, starting with BeJust 2.0. Other portals often have an events calendar, but it seems Françoise Muller and Xavier Rousseaux wisely have built a compact portal with space for future extensions. The footer of the portal mentions the 2016 prize of the Fonds Wernaers awarded by the Fonds National de la Recherche Scientifique (FNRS) for the best scientific website.

More statistics

Logo Lokstat

I found the attention to statistics a strong feature of this portal. I could not help noticing that it might be useful to add a more general website for Belgian statistics to this portal. The University Ghent has created the Lokstat project, an abbreviation of Lokale statistieken, local statistics. This project currently offers local statistics taken from the 1900 census in Belgium, with additionally an agricultural census from 1895 and an industry census from 1896, this one accompanied with maps. It would be interesting to combine these data with judicial statistics.

As a Dutchman admiring these efforts of a neighbour country I have not yet found similar Dutch judicial statistics at a special platform. The Centraal Bureau voor de Statistiek (CBS) has made a fine website for Dutch Censuses 1795-1971, accessible in Dutch and English. At CBS Historische Collectie you can consult digitized reports from almost two centuries. For the field of law and justice there are mainly reports from the second half of the twentieth century, for example prison statistics (1950-2000), crimes between 1950 and 1981, juvenile criminality (1974-1981) and crime victims (1980-1984). A quick look at general publications since 1813 in this digital collection shows judicial statistics were part and parcel of the yearly overviews. For four Dutch provinces there are yearbooks since the 1840’s (Provinciale verslagen).

It is not because you find everything at particular websites, but because they help you to look further, to value information, to think about problems you want to study or to contact scholars or read their work, that portals such as Digithemis deserve a warm welcome and attentive followers. Digithemis should serve as an invitation for the creation of similar portals for other countries and regions, too.

Encircled by knowledge: New life for old encyclopedias

Banner Enzyklothek

In happy and carefree moments you can be tempted to think that only the internet made it possible to have all possible kinds of knowledge within you reach. However, for centuries having a compact or massive encyclopedia on the shelves of your personal library seemed already to warrant this vision. Lawyers were no strangers to this opinion as I showed in a post about Early Modern legal encyclopedias. Interestingly there is a movement to recreate the world of old encyclopedias. In this post I want to look at some projects which bring you to online versions of older encyclopedic works. Some of them are still familiar among historians, others will come as a surprise.

On digital and real shelves

Logo Seine Welt Wissen

Among the Early Modern works that you might still turn to is at least one German work. I confess I had not quite realized how voluminous the Grosses vollständiges Universal-Lexikon aller Kunste und Wissenschaften by Johann Heinrich Zedler (1706-1751), published in 64 volumes between 1732 and 1750, followed by a supplement in four volumes. In 2006 two German libraries held an exhibition in his honour, Seine Welt Wissen. Enzyklopädien in der Frühen Neuzeit [Knowing your world. Encyclopedias in the Early Modern age]. This year I could use the Zedler in its online version provided by the Bayerische Staatsbibliothek in Munich to expand scarce information about members of a family in Kleve who served the Brandenburg government of this duchy. The makers of the 2006 exhibition drily note the Encyclopédie ou dictionnaire raisonné des sciences. des arts et métiers by Diderot and D’Alembert has only 17 volumes with 72,000 articles on 23,000 pages, whereas Zedler serves you 290,000 articles on 68,000 pages.

Before exploring other works it is fair to look quickly at the great Encyclopédie and its current digital availability. Foremost among its modern incarnations is the searchable version offered by the team of ARTFL in Chicago. Its editors, Robert Morrissey and Glenn Roe, immediately mention the 11 volumes with illustrations that set this encyclopedia apart from all its predecessors and contemporary competitors. These plates and the character and quality of the contributions still command respect and admiration. The editors at ARTFL count 74,000 articles on 18,000 text pages. The information about supplements published after 1772, links to forerunners of the Encyclopédie, a bibliography and other essays enhance the ARTFL version which stands out for the search possibilities of Philologic4.

More traditionally looking at first sight is the ENCCRE online version recently created by the French Académie des Sciences, with modern introductions and search facilities using a corrected Wikisource transcription. The acronym ENCCRE is a French pun on the word encre, ink. The Encyclopedia project for an English translation at the University of Michigan, too, offers more than a strict rendering from French into English. The plates can be quickly searched at Planches. Lexilogos does a great job in offering both the ARTFL and ENCCRE versions, and adding links to the text-only version in the French Wikisource, and last but not least to the digitized original volumes at Mazarinum, the digital library of the Bibliothèque Mazarine in Paris. This copy is used at ENCCRE, too.

In the limelight

Zedler and the Encyclopédie deserve scholarly attention and quickly accessible modern versions, but other valuable works can readily be found. Let’s look at a few websites which bring you both to other general encyclopedias and to works focusing on specific scientific disciplines. Let’s go straightforward to the heart of this post, a tour of the wonderful German Enzyklothek. A few years ago I had briefly visited this portal, and I put it aside with the impression it does not contain much for legal history. However, this time I became intrigued by its sheer coverage, and I marvelled at its holdings.

Peter Ketsch launched the Enzyklothek Historische Nachslchlagwerke in 2014. He offers access to digital versions or information about printed works in five sections: bibliographies, secondary literature, general encyclopedias, encyclopedias for specific disciplines, and biographic dictionaries. The sixth section for dictionaries is empty, a reminder you cannot expect everything at one portal. First of all it was a surprise for me to find here bibliographies. You will find here a number of entries concerning national bibliographies, but also some items for individual authors. For legal history I found in this corner only Rolf Lieberwirth’s study Christian Thomasius. Sein wissenschaftliches Lebenswerk. Eine Bibliographie (Weimar 1955). Among the bibliographies for specific disciplines Rechts- und Staatswissenschaften (disciplines concerning law, jurisprudence and government) are only announced, but alas no items have yet appeared under this heading. The general section on bibliographies starts with just one work from the late sixteenth century, and to me the choice of works in this section seems rather at random but nevertheless interesting. The section Enzyklopädistik with historical overviews and bibliographies of encyclopedias and specialised dictionaries is much richer.

The section Sekundärliteratur contains a more personal mix of things. In the corner with websites it is good to note the projects at Wolfenbüttel and Braunschweig for a virtual recreation of the Thesaurus eruditionis and similar works, and also Welt und Wissen auf der Bühne, a project about Early Modern works which used the metaphore of the theatre, a project I discussed here, too. For the legal disciplines Ketsch mentions just three titles in this part of his portal, on various subjects, from Zeremonialliteratur, texts written by lawyers about official ceremonies, to economical treatises and their forerunners, the Hausväterliteratur. By the way, here Ketsch indicates titles can appear in more rubrics. At this point the question about using either rubrics or a form of classification using a thesaurus or another form of tagging entries, and a second question is the choice for a database versus single pages. The search function clearly suggests the presence of a database, but the tagging of entries could be more generous. However, you can apply multiple filters for author, title, year, location, publisher and language. For the genre Hausväterliteratur there are now 784 entries. A section such as the one concerning publications about single medieval encyclopedic works contains nearly 4,000 items. As for now there is a total of 21,000 titles in this database. Whatever the quality of the coverage, the quantity of entries commands respect. For many entries Ketsch has added links to translations in other languages, reference works and bibliographies. In some cases you will see a series of incunabula editions of works, this seems too much of a good thing, even for Diogenes Laertius’ Vitae phlosophorum.

We must proceed now to the heart of Ketsch’s website, the general and specialized encyclopedias. For the general encyclopedias there is a division in periods (Antiquity, Middle Ages and Early Modern) and in entries for several modern languages. The presence of works in Danish, Swedish and Norwegian is a most welcome addition. In the section with Dutch encyclopedic works I encountered several books which you do not encounter often. In this respect it is good to see more popular and educational works. For the legal disciplines Ketsch mentions three German Konversationlexikons, in particular Herman Wagener’s Neues Conversations-Lexikon. Staats- und Gesellschafts-Lexikon (23 vol., Berlin, 1859-1867) was a massive project followed by modern successors. Ketsch scores by guiding you also to studies about the genre of the Konversationslexikon. If you want to know more about the Zedler Ketsch gives you some thirty publications.

The biographical section of the Enzyklothek shows national biographies for twenty countries, showing their rich history from printed works to online databases. The subsection with women’ biographies contains some eighty titles, almost exclusively translations of and studies about Boccaccio’s De claris mulieribus. I had hoped for a very different content… At this point I must alert to Ketsch’s invitation for anyone interested to help him with his project.

How show one judge the merits of the Enzyklothek? The Swiss project on Enzyklopädien, Allgemeinwissen und Gesellschaft [Encyclopedias, general knowledge and society] stopped adding entries after the launch of Ketsch’s website. The overview of works of the Swiss project, launched in 2001, offers an alphabetical list of authors, a chronological overview and a drop down menu for particular genres. Its strength lies in the descriptions of works and the attention to the context and variety of encyclopedic works.

Logo N-ZyklopThe project N-Zyklop (Universität Trier) which started in 2005 is another attempt at a full-scale database for finding encyclopedias. I checked here for works concerning Law (Recht). At first I was bewildered by the wide choice of works concerning trade and the presence of some biographical dictionaries, but you will find also the Vocabularium jurisprudentiae romanum by Otto Gradenwitz and other German scholars (Berlin 1903-1939). In particular the first edition of Jacob Bes’ Scheepvaarttermen. Handboek voor handel en scheepvaart (Amsterdam 1949) seemed gone astray, but in its multilingual version it became a classic work for maritime law, Chartering and shipping terms (1951). With some 5,000 entries and the possibillity to search for Dewey Decimal Classification codes in the advanced search mode N-Zyklop is certainly worth a visit, even if you have to translate the German terms used for every DDC code.

Lists versus databases

While preparing this post I thought I had spotted in the Enzyklothek an entry for the digitized version of the Lexikon für Kirchen- und Staatskirchenrecht, Axel von Campenhausen et alii (eds.) (3 vol., Paderborn, etc., 2000) in the section Digi20 of the Digitale Sammlungen of the Bayerische Staatsbibliothek, but I looked at the wrong place, and thus I was at first unable to retrace it. Finally I realized I had seen it in the German Wikisource list of online encyclopedias and lexicons. This work brings me to the final section of this contribution for a quick comparison of the specialized encyclopedia websites with the lists of encyclopedias offered at Wikisource. Some of my readers might well ask why I choose not to start with them. The main reason for my choice is the fact the lists at Wikisource and Wikipedia are not always the fruit of systematic and methodic search, but there is a clear degree of control, and thus the information can be most useful. In fact I had expected the name of a very conscious and active contributor to the German Wikisource as the main author or coordinating editor of this splendid list.

The German Wikisource page for encyclopedias has a section on Politik und Recht, politics and law. When you look at the works mentioned on it the Enzyklothek clearly is deficient. Among the notable works is the Deutsches Staats-Wörterbuch by Johann Kaspar Bluntschli and Karl Brater (11 vol., Stuttgart-Leipzig, 1857-1870). Bluntschli’s draft for a civil law code of the Swiss canton Zürich influenced the Schweizerisches Zivilgesetzbuch designed by Eugen Huber (1907). Bluntschli is better known as one of the founders of the Institute for International Law-Institut de Droit International. You will find als the first three editions of the Staatslexikon published by the Görres-Gesellschaft since 1887, with the eight edition now being published. Even today one can benefit from Emil Seckel’s continuation of the Heumanns Handlexikon zu den Quellen des römischen Rechts; the sixth edition (Jena 1929) has been digitized in Sevilla (PDF, 80 MB).

I would have been most happy to report here on the wealth of information in the English and French Wikisource for legal encyclopedias, but alas this is not possible. The English Wikisource bring you to the first edition of a single multivolume work, The laws of Engeland, being a complete statement of the whole law of Engeland (31 vol., London, 1907-1917) by the Earl of Halsbury, an encyclopedia from beginning to the end and nevertheless avoiding this word in its title. The English Wikipedia lists five online legal encyclopedias. For completeness’ sake I note that the similar French and Ukrainian Wikisource pages do not give you any legal encyclopedias, but the Russian Wikisource mentions three legal encyclopedias. It is only logical the German Wikisource has also an interesting page Rechtswissenschaft for digitized old laws and older legal works. Both the various Wikisources and Wikipedias as resources in open access gain everything from the input and efforts of contributors. In my view it is wrong not to take them as serious as other encyclopedias in print or online.

Some conclusions

This rapid tour of legal encyclopedias taught me a few things. Apart from my preference to delve into old books it is simply important to realize the great encyclopedias in print and online of our century have many forerunners, a number of them taking much space on your shelves. The famous ones had their competitors, but there was also a market for abridged versions. It is good to see you can often hardly distinguish between legal encyclopedias and legal dictionaries. Another thing is almost a returning refrain here: do not stay content using just one major resource for any subject. The question of languages is a second thread on my blog. The use of the translation tool in a particular web browser from an omnipresent IT firm helps you to get at least a rough idea of contents, and it teaches you knowing a language inside out does help you in many ways. The books on early economic thought and their focus on running a household is a welcome reminder economics only started in the nineteenth century to claim an existence as a science. Private law has captured more attention from legal historian than public law, and this bias, too, becomes more clear thanks to these projects.

Last but not least the predominance of German resources in this post is indeed due to my familiarity with German research. For German legal historians having the second edition of the Handwörterbuch zur deutschen Rechtsgeschichte in front of you on your computer screen as HRG Digital has been a major qualitative step, although you have to subscribe to it or find a university library with a license for this online resource. It is one of the dictionaries containing much more than you would expect. There is also a printed version of the second edition. It is fitting to end here with the efforts of Gerhard Köbler in Innsbruck, who has not only published a number of historical legal dictionaries, but also maintains a massive portal on German and Austrian law and legal history, including for examples concise biographies of many lawyers. Köbler prefers web pages above a database. As for libraries with collections of Early Modern legal works, and increasingly also digital collections, you will not stop me pointing here regularly to the Max-Planck-Institut für europäische Rechtsgeschichte in Frankfurt am Main.

Listening to tuneful news: Streetsongs and crime

Just like law music is almost everywhere. It should be no surprise to find law and justice in songs, and a few years ago I first explored this theme in my post The Legal Song: Legal history in lyrics, This time I want to look a bit closer to a specific genre, broadside ballads, a subgenre of pamphlets, yet another subject not unfamiliar to regular visitors of my blog. Recently the team behind the French legal history project Criminocorpus launched the website Complaintes criminelles en France (1870-1940). Broadside ballads as a musical genre have come into view in particular for the United Kingdom, but this genre existed elsewhere also, and not only during the Early Modern period (1500-1800). The genre definitely widens my perception of pamphlets as a communication medium.

News in songs

Last week I first saw the new French collection. in fact it pushed me to look again at digital collections with only broadside ballads. Even if their number is still restricted, they now exist for more countries than I was aware of, reason enough to have a better look at them.

Marchand de crime - colored engaving, 1845 - source: Criminocorpus

Jean-François Heintzen has created for Criminocorpus a database in which you can search with a simple search with the possibility to use a proximity search. As for now the search interface is only in French, but no doubt an English interface will be added soon, because all elements of Criminocorpus can be accessed in both French and English. You can also search using an interactive map of France which shows you also where most of these complaintes were originally heard. The digital collection with these songs has been created by the Bibliothèque nationale de France for its digital library Gallica. It becomes quickly clear Paris has the largest share, and also the largest audiences, and it seems people in Brittany, around Lyon, in the Languedoc and near the Belgian border could have heard them a bit more often than in other parts of France. The database is strong in indicating the tunes (timbre) to which a complainte was sung. It even alerts to cases in which another song presented the same criminal event. You will find whenever possible also information about the crime and the fate or trial of the accused. I could not find the exact number of complaintes in the database, but a quick look at the interactive map suggest the number must be around three hundred.

The comment in French under the image of the man with a broadside ballad in his hand connects the songs explicitly with news: Marchand de crimes ou crieurs de journaux, “crime merchant or newspaper crier”. The broadsides featured often a telling image, one of their attractions. Dutch street singers used in the nineteenth century a so-called smartlap, literally a “sorrow cloth”, a large illustrated roll which they could unfold and hang on a pole. The word smartlap is still used as the synonym for tear-jerking melodramatic popular songs.

I searched for other collections in France with exclusively complaintes criminelles, but this selection from the holdings of the BnF is the largest one. When you search for complaintes in the website Moteur Collections of the Ministère de la Culture it brings you a substantial number of results in a wide variety of collections. The French portal for digital cultural heritage Patrimoine numérique leads you to just one collection with recordings made between 1979 and 1988 concerning oral memory, chansons and popular dances from Mont-Lozère for which the link was broken. You can get access after authorisation to recordings in the Ganoub database of the Maison Méditerranéene des Sciences de l’Homme (MMSH) in Aix-en-Provence.

Straatliederen, “street songs”, form a substantial part of the Dutch Liederenbank created at the Meertens Institute for Dutch Ethnology in Amsterdam. This database contains now a staggering 170,000 Dutch and Flemish songs. At the Memory of the Netherlands portal you can access and search for some 7,000 broadside ballads with nearly 15,000 songs, both from the holding of the Meertens Institute and the Dutch Royal Library. You can listen to recordings of some of the most popular songs, too. The founder of the Liederenbank, the late Louis-Peter Grijp (1954-2016), was not only a musicologist, but also a performer of early music and popular songs, playing the lute as a soloist or with his ensemble Camerata Traiectina. His research into the use of contrafacta, songs made to re-used melodies, helped to recognize texts as song texts, and to find the right melody or melodies for performance.

Logo VD-Lied

For Germany and Austria researchers can go to the project VD Lied: Das Verzeichnis der deutschsprachigen Liedflugschriften. This project builds on the bibliographical project VD16, VD17 and VD18 for Early Modern books from Germany, Switzerland and Austria. VD17 and VD18 link to digitized copies of the works they contain. The partners of VD-Lied are the Staatsbibliothek zu Berlin, the Zentrum für populäre Kultur und Musik in Freiburg am Breisgau, and the Archiv des Österreichisches Liedwerkes in Vienna. This database contains 30,000 songs from 14,000 digitized Flugschriften and Flugblätter.

Ballads in the British isles

header-ebba

Digital collections in the Anglophone world get perhaps more attention than collections elsewhere in the world, but it makes sense to bring them here together. The English Broadside Ballads Archive (EBBA, University of California at Santa Barbara) has become the portal to access a number of digital collections in the United Kingdom and the United States, with a focus on seventeenth-century ballads. The Pepys Collection of Magdalene College, Cambridge (1,800 items), the Roxburghe Collection of the British Library (1,500 items), Scottish collections at Edinburgh and Glasgow, and three collections of the Huntington Library, San Marino, CA, all in all almost eight thousand ballads, can be searched here together. The bibliography and additional information strengthen its online presence. In the Huntington Digital Library you can search among some 500 digitized ballads.

It is well worth including here also the Kenneth S. Goldstein Broadsides (University of Mississippi Libraries) with some 1,500 ballad broadsides from the United Kingdom and Ireland from the late eighteenth to the early twentieth century. At the web site Glasgow Broadsides Ballads Glasgow University Library has digitized some nineteenth-century ballads from its Murray Collections for which earlier ballads are accessible through EBBA. The National Library of Scotland created the collection The Word on the Street with among the 1,800 broadsides from the period 1650-1910 also some ballads. I am sure I might have missed some websites with transcriptions of ballads. Let’s not forget to point you at least to the Broadside Ballad Index created by William Bruce Olson, and the Folksong Index and Broadside Index created by Steve Roud, accessible online at the Vaughan Williams Memorial Library, London.

However, in a competition among digital broadside ballads collections Broadside Ballads Online of the Bodleian Libraries, Oxford, still clearly would wins for sheer numbers (30,000 items)! In its new design, light-years away from the austere user interface of Ballads Online which had survived all changes behind the surface, you can even choose the colours of the main type font. A second outstanding thing is the coverage in time, not only the period before 1800, but right into the twentieth century. The Iconclass search function for illustrations or if you prefer a simple keyword search, and even for some images a similarity search, place this collection ahead of all others. The illustration search and the overviews of subjects helps you to rethink your own approach and questions. By the way, the Bodleian Libraries recently developed a digital manuscripts toolkit for working with digital images along the lines of the International Image Interoperability Initiative Framework (IIIF).

A look at American ballads

American culture and history come into view at the Isaiah Thomas Broadside Ballads Project of the American Antiquarian Society (AAS). Isaiah Thomas collected broadsides in Boston during the early nineteenth century. Here you can find some 300 broadsides, and also thirty recordings of ballads. You can search directly or browse subjects in alphabetical order, which usefully includes also the woodcuts. It is a treat to look at the overview of digital projects supported by the AAS. Here it must suffice to mention the American Vernacular Music Manuscripts, ca. 1730-1910 hosted at Middle Tennessee State University. The notable collection collected by Helen Hartness Flanders is now at Middlebury College, Middlebury, VT; you can consult some 450 digitized broadsides ballads of this collection in the Internet Archive. Pop music and poetry are the heart of the digital collection Beat Movement: Poetry and Broadsides (Utah State University). I did not conduct an exhaustive search for American examples. You will find them also using the Digital Public Library of America. A quick search in the rich digital collections of the New York Public Library brought me just one result, which cannot be the complete truth. Patient research will surely yield much more. For this the Smithsonian Center for Folklife and Cultural Heritage and the Smithsonian Folkway Recordings are an appropriate starting point.

If you have doubts about the value and use of these digital collections you can find much in the current issue of the journal Recherche en sciences sociales sur Internet (RESET) on Patrimoine et patrimonialisation numérique / Heritage and Heritagization (6/2017). The acronym RESET is in this case strong! The digital turn is much more than only quick access to resources faraway, a theme articulated for global history in the 2016 article by Lara Putnam discussed here last year. At the Revues portal you will find also the Swiss journal Cahiers d’ethnomusicologie.

Logo Criminocorpus

With the MMSH at Aix-en-Provence and the Smithsonian and other institutions I came from ballads in print to modern recordings of old ballads, and it is tempting to follow that road already here in more detail. I will return to the use of recordings in another post in the near future. In this post you will find hopefully enough for your own interests. On the other hand you might want to look at more treasures at the Musée d’histoire des crimes, de la justice et des peines created by the Criminocorpus team or start following the Criminocorpus blog.

The long years of the Council of Konstanz

Once upon a time the history of church councils seemed a matter of Christian theology slowly but inevitably reaching new levels of dogmatic intricacy, either led by wise popes or marred by popes who thought more of themselves than of the Catholic church. Things get more interesting when you look at the proceedings not as a distraction to theological matters at stake but as historical events just as important as the canons and decrees finally proclaimed. One of the longest councils was the Council of Konstanz (1414-1418). Recently I was alerted to a modern representation of a chronicle showing the daily business of this medieval council. The virtual presence of this council is worth the attention of legal historians, too. In this post you will find a tour of some of the most important resources. As in my earlier post about the Fourth Lateran Council (1215) I will look also at images of this international meeting in fifteenth-century Germany, close to the modern border with Switzerland.

Five long years

Logo Konstanz Konzilstadt

Probably the most famous event of the Council of Konstanz was the trial of Jan Hus. In order to avoid too much coverage of modern memorial years I decided not to write about him here. One reason for writing here about this church council was my amusement about the tweets of Ulrich Richental, a modern incarnation of the fifteenth-century author of a chronicle about the Council of Konstanz. The tweets tell you on a day-to-day basis about events during the council, and they are directly linked to the multilingual website Konstanz Konzilstadt.

King Sigismund of the Holy Roman Empire succeeded in conveying a church council at Konstanz in a time when Western Europe had to face the presence of three popes, three because one of them, John XXIII, was a so-called antipope who resided in Bologna. Gregory II was pope in Rome and Benedict XIII reigned from Avignon. One of the problems for this council was the division between those in favour of full power over the church in the hands of a council (conciliarists), and those sticking to papal and curial power (curialists). Imagine the international crowd of ecclesiastical dignitaries and the courtiers of king Sigismund all together in a small town on the lovely Lake Constance, and you get the picture.

Cover facsimile edition of Richtental's chronicle

We can form our own picture of this council in a very literal and pictorial way thanks to the illustrated chronicle of Ulrich Richental (around 1360-1437). The famous illustrated manuscript at the Rosgartenmuseum in Konstanz is available in a modern facsimile edition [Chronik des Konzils zu Konstanz 1414–1418. Die Konstanzer Handschrift der Konzilschronik des Ulrich Richental, Jürgen Klöckler (ed.) (2nd ed., Darmstadt 2015)]. Interestingly, the list of manuscripts given in the German Wikipedia article on Ulrich Richental contains more items than the online database of the Handschriftencensus which omits two manuscripts that went missing. Some manuscripts have been digitized. This chronicle is the well from which the modern successor of Ulrich gets the information for his tweets. The tweets started only in 2016. It is safe to assume the idea for daily tweets was inspired by similar Twitter accounts and blogs for the commemoration of the First World War.

As for scholarly literature concerning the Council of Konstanz I was surprised that the online bibliography of the Regesta Imperii (accessible in German and English) for some reason lists only literature published before 2010 when you use the thesaurus search. You will have to check many titles using the various translations of the city name Konstanz to find relevant publications.

Acts and decrees

A second reason to write here about the Council of Konstanz brings us safely back to the sources legal historians will want foremost to consult, the manuscripts and archival records, and when available critical editions of the sources. Finding out about such editions for medieval councils can be daunting. On my legal history website the first section of the page concerning relevant editions for canon law deals with councils. For sound foundations I could rely here on an article by Joseph Avril, ‘Les décisions des conciles et synodes’, in: Jacques Berlioz et alii (eds.), Identifier sources et citations (Turnhout 1994) 177-189. Lately I checked for the online availability of a number of Early Modern editions of conciliar decrees and decisions, but some modern editions, too, have been digitized, too. The edition of the Acta concilii Constantientis by Heinrich Finke (ed.) (4 vols., Münster 1896-1928) has been digitized at the Internet Archive. Finke gives in the first volume materials from the preparatory phase of the council (1410-1413). It was harder to find a complete set with a single point of reference for other modern editions. The Monumenta conciliorum generalium saeculi decimi quinti, F. Palacky et alii (eds.) (4 vols., Vienna 1857-1935), with sources for the Council of Basel can be found conveniently online in Gallica. The second major edition for the Council of Basel, Concilium Basiliense. Studien und Quellen zur Geschichte des Konzils von Basel, J. Haller (ed.) (8 vols., Basel 1896-1936) has been digitized in its entirety at the Bayerische Staatsbibliothek, Munich. In the case of Basel having easy access to the editions is only the start of finding your way in a myriad of documents.

Among the participants at Konstanz were French dignitaries with more than a basic knowledge of canon law, among them cardinal Pierre D’Ailly (1350-1420), Jean Gerson (1363-1429), and cardinal Guillaume Filastre (1348-1428). Finke published a journal held by Filastre in his Forschungen und Quellen zur Geschichte des Konstanzer Konzils (Paderborn 1889; online, Internet Archive). With Francesco de Zabarella (1360-1417) we meet a great canon lawyer. In 1410 he became archbishop of Florence and year later he was created cardinal, hence his nickname Cardinalis. Zabarella died in Konstanz on September 26, 1417. Studies by Dieter Girgensohn and Thomas Morrissey have considerably enlarged our knowledge about him and his views. As a papal legate he was involved with the Council of Konstanz from the moment he was sent in 1413 as a papal legate to king Sigismund to discuss the chances for a church council.

Another canon lawyer wrote a dedicatory letter in the first printed edition of the acts of the Council of Konstanz, the Acta scitu dignissima docteque concinnata Constantiensis concilii celebratissimi (Hagenau: Gran 1500) by Hieronymus de Croaria (ca. 1460/63-1527). The Gesamtkatalog der Wiegendrucke (GW 07287) and the Incunabula Short Title Catalogue (ISTC 00800000) habitually summarize titles of works stemming from institutions and authorities. Searching in the ISTC for Concilium Constantiense yields four results. The GW has a separate page for the incunabula editions of conciliar decrees. Both the GW and the ISTC point to digitized copies of incunabula. Konrad Summenhart (1460-1502) studied in Paris and Heidelberg before becoming a professor of theology and even chancellor of the university of Tübingen. In his work Opus septipartitum de contractibus he looked both at contractual law as administered in courts as on the impact on the forum conscientiae, the personal conscience. He wrote about subjects as usury and tithes. Hieronymus de Croaria had been his colleague in Tübingen as a professor of canon law before he went to Ingolstadt. Later on he worked also as a judge.

Heinrich Finke guided the research of Joseph Riegel who defended a thesis on the wildly varying numbers of participants at the Council of Konstanz [Die Teilnehmerlisten des Konstanzer Konzils. Ein Beitrag zur mittelalterlichen Statistik (Freiburg im Breisgau 1916; online, Internet Archive)], a thing already debated by contemporaries.The Council of Konstanz became during five years a focus of European politics and church reform, a place where many influential people met. The sheer number of participants, their background and views, and the impact on church life merit and warrant a good chance at finding always new perspectives, not to mention resources, to make it worthwhile to look again this event, not in the least with an eye to legal history.

A postscript

In this post I tried to be as concise as possible, but I think it is right to point here also to another old edition concerning the Council of Konstanz, the seven volumes of the edition edited by Hermann von der Hardt, Magnum Oecumenicum Constantiense Concilium (…) (Frankfurt am Main 1697-1700), digitized by the Universitäts- und Landesbibliothek Düsseldorf. I had preferred to give you the exact link to a completely digitised set, but searching in this digital library brings you quickly to the volumes. I found the reference to the digitised set at Düsseldorf in a 2015 blog post by Klaus Graf at Archivalia where he dealt with the entrance for this council in the Historisches Lexikon Bayerns. However, Graf mentioned only two volumes of Hardt’s edition.

 

Picturing the law

Poster "Law's Pictures Books"Legal iconography covers a wide choice of subjects. Illustrations in legal books form a class of its own. In the exhibition Law’s Picture Books at The Grolier Club in New York illustrated law books from the rich collection of Yale’s Lillian Goldman Law Library are put on display. In some previous posts here this collection has figured prominently, but this is the occasion to show more of its glories. The exhibition is accompanied by a number of online videos created by Mark Weiner and Mike Widener, curator of the Rare Book Room at Yale Law Library. You can consult online many images taken from legal books in this collection at Flickr. The blog of the Rare Book Room often present illustrated law books, too. Yale Law Library show a second related exhibition, Around the World with Law’s Picture Books, curated by Mike Widener and Emma Molina Widener, yet another reason to look here again at this great collection.

Mark Weiner, currently on leave from Rutgers University, is best known for his book The Rule of the Clan (2013) and his blog Worlds of Law. The Grolier Club of New York, was founded in 1884. It is one of America’s oldest and most active organizations for book collecting and bibliography, with an extensive library and collections concerning these fields.

Windows on the variety of law

Cover of the exhibition catalogue "Law's Picure Books"

For the exhibition in New York a full catalogue is available. On the blog of the Rare Book Room Mike Widener tells about the themes chosen for the exhibition. Weiner and Widener have grouped 140 books around ten themes. In the next paragraph you will see which choice I have made among them to give you an idea of both the book and the exhibition. By the way, the image of Lady Justice on the cover of the new catalogue is a reminder of the Justice as a Sign of the Law exhibit at Yale Law Library in 2011 around Judith Resnik’s and Dennis Curtis’ monograph Representing Justice. You can read online sections of their book and view an online version of this earlier exhibit. The new catalogue has been produced very handsomely. It is a joy to read the introductory essays, not only written by Weiner and Widener, but also by Jolande E. Goldberg (Library of Congress) and Erin C. Blake (Folger Shakespeare Library). They succeed in putting the exhibition under multiple perspectives.

An illustration about windows

Image from “Cases on appeals concerning the duties on houses and windows (…) (London 1782) – Yale University, Lillian Goldman Law Library

I will not give here a spoiler of all themes, and restrict myself to just one theme, “Arguing the Law” (chapter 7), with images of evidence used in court and illustrations used to influence public opinion. Here literally the force of the proverbial telling image is shown, for an image shows more than thousand words can say. You can look for example at the victims found in a ship wreck. There are two pictures with windows for cases concerning a tax on windows. Another image shows an early telephone in a case about the patent of Alexander Bell for his invention. Yet another drawing shows a neighbourhood around a block of houses where two of them had been destroyed to prevent a fire to bring even more damage. For an early twentieth-century trade mark case the image of the disputed packing of biscuits is the very core of the case. There is a beautiful drawing of a bridge which allegedly hindered steamboats on the Ohio, and a chilling image of the way torture was afflicted.

In one of the five videos you can see the preparations for both current exhibitions, with for example a discussion about the choice of the images for particular themes and the order of appearance in the showcases. It is particular interesting also to see Mike Widener in action both at Yale Law Library (“Two Ways to Work“) and during a visit to the New York antiquarian book fair. In a way the two exhibitions crown his collection policy which led him to create not just a good collection of illustrated law books, but a real great one from which scholars and student will benefit long afterwards.

Dutch and Flemish legal history come into view for example with an image taken from a seventeenth-century edition of Joost de Damhoudere’s Practycke in criminele saken where two men are busy moving illicitly poles marking roads. In fact numerous editions of his work are shown in New York and in the catalogue. I promised not to tell here everything, but I must point you to an image of Lady Justice seated on the Corpus Iuris Civilis, the Corpus Iuris Canonici and the Bible in an eighteenth-century Dutch translation of a work on criminal law by the German lawyer Benedict Carpzov. Among the things to note is the author of the engraving, the Dutch actor and artist Jan Punt (1711-1779).

It is difficult to stop here and not to continue showing you illustrations which offer you food for thought. For many illustrations Widener and Weiner have not stayed content with just a description, but they ask questions as well, sometimes a bit rhetorical, but more often real questions. The exhibitions in New York and New Haven help us to become more aware of the impact of images, and to see legal iconography as a substantial element of legal studies and legal history. Some newspapers and magazines use a system with stars in their reviews of books, exhibitions and recordings. This exhibition needs no further laurels!

Law’s Picture Books: The Yale Law Library Collection – New York, Grolier Club, September 13-November 18, 2017 – Around the World with Law’s Picture Books – Yale University, Lillian Goldman Law Library, New Haven, CT, September 5-December 15, 2017