Category Archives: Archives

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.

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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.

Rembrandt’s private and legal life

Bannere exhibition "Rembrandt Privé"

On December 7, 2018 the exhibition Rembrandt Privé [Rembrandt Privately] opened at the city archives of Amsterdam. In an earlier post on my blog I mentioned the project RemDoc – Rembrandt Documentation which offers a searchable database with images, transcriptions and many English translations of seventeenth-century documents pertaining to Rembrandt van Rijn (1606-1669). The exhibit show documents held at the Stadsarchief Amsterdam, the largest municipal archive in the Netherlands, some original works by Rembrandt, a number of maps and the chance to gain access to augmented reality around the documents using a tablet. The legal nature of many documents will soon become clear in this post.

Stories of love, art and money

I started to admire Rembrandt already as a child. His paintings, drawings and etchings are so much alive with people. Paintings from the Dutch Golden Age helped shaping my perceptions of the seventeenth century. I was soon aware of the many decisive turns in Rembrandt’s life. The way he portrayed people both in sorrow and joy, and the dark hours of his own life offered a healthy antidote to viewing the Dutch Republic in too much sunlight. The catalogue of the major Rembrandt exposition in Amsterdam in 1969 was a book I have seen many times. It often referred to historical documents about Rembrandt and his works.

The building of the Stadsarcheif Amsterdam

The Stadsarchief Amsterdam at the Vijzelstraat in the former bank building designed by K.P.C. de Bazel

Reading about somebody in a book is one thing, seeing the works of an artist in museums adds much to it, but somehow having the documents in front of you stirs the imagination even more. The Rembrandt Documentation project of the Huygens Institute in Amsterdam and the Radboud University Nijmegen gives you online access to many thousand documents. There was an older work, Die Urkunden über Rembrandt (1575-1721) by C. Hofstede de Groot (The Hague 1906; online, Universität Heidelberg) with transcriptions and commentaries for nearly 500 documents, followed by W.L. Strauss and M. van der Meulen, The Rembrandt Documents (New York 1979) and M. Roscam Abbing, Rembrandt 2006, II: New Rembrandt Documents (Leiden 2006). The online project has a wider time range, 1424 to 1799, and offers much more documents, and also references about Rembrandt in art literature. Sometimes Hofstede de Groot did not record texts completely. Commentaries can be very different and convincing explanations no longer missing. An example: Hofstede de Groot gave a large extract from an attestatio de vita from July 26, 1632 (no. 25, p. 24-25; RemDoc, no. 4399) made by a notary inquiring about Rembrandt’s health, but the reason for this inquiry was not clear to Hofstede de Groot. In 1979 it became clear it had to do with a rent subscribed to by one hundred citizens with the stipulation the full sum would be paid back to the longest living subscriber.

An enlarged map of Amsterdam and two documents

The exhibit at the city archive shows a selection of documents around a number of themes and events in Rembrandt’s life. Often two documents are shown, with either a print next to them or an image of a painting in the background, most of them from the collections of the Rijksmuseum and the Rembrandthuis. With the tablet you can focus on a document and start a short podcast about the document or documents. Often you will see a seventeenth-century map in the background showing you the exact location in the inner city of Amsterdam. The image to the left centers on a document about the execution of Elsje Christiaens, a Danish servant convicted for murder hanging at the display gallows in 1664 on the other side of the IJ, the estuary to the north of Amsterdam. Rembrandt often made sketches in this region. He drawed this young woman twice.

The exhibition shows some familiar documents, and although I had already some expectations, the legal nature of many documents is indeed striking. To mention just a few of them, the betrothal of Rembrandt and his first wife Saskia van Uijlenburgh in 1634, an ecclesiastical procedure about his later mistress Geertje, some testaments, the inventory of his bankruptcy in 1656, and the inventory of his house after his death in 1669 are all legal documents.

The 1669 inventory - Amsterdam, Stadsarchief

A page from the 1669 inventory – Amsterdam, Stadsarchief, Archief Notarissen, subseries 113, Gerrit Steeman, inv.no. 2625C

The death-bed inventory of Rembrandt’s house in 1669 is rather special. It belongs to documents more or less damaged by the 1762 fire in the city hall. Several documents have now been restored and digitized. Until now the transcriptions of this document in RemDoc (no. 13471; Hofstede de Groot, no. 306) could only be incomplete. It is a reminder that a historical state of affairs can change indeed. Illegible or missing words can become clear. In the case mentioned above a document which seemed inexplicable can be studied anew, placed in a context and yield new information. The readability of old Dutch documents was the theme in a post I wrote earlier in 2018. I proposed to everyone wanting to learn online to decipher Dutch documents from the seventeenth century to start with the documents about Rembrandt. As an example I showed an image of an obligation Rembrandt had got into for the purchase in 1639 of his house in the Sint Anthoniebreesteeg for which he had failed in 1653 to pay four years of interest (RemDoc no. 4628). Even if not for all documents images and an English translation is available, a fair number of archival records can be used to gain also palaeographical skills.

Among the archival records on display I want to single out two documents. The first is a complaint from the Portuguese merchant Diego d’Andrada in 1654 about a portrait of a young lady Rembrandt had made for him (RemDoc, no. 1661) with clauses about the way Rembrandt was going to act to fulfill the wishes in accordance with the regulations of the painters guild.

Documents about the black community in Rembrandt's Amsterdam

The second document involved also the presence of Portuguese merchants in Amsterdam, the burial of Francisco d’Angola in 1659 who had lived in the same street with Selijelij Krablije. Rembrandt could meet in the very street where he lived black people who lived as servants in the houses of Portuguese merchants. In Amsterdam it was forbidden to have slaves, but one can assume in some cases such servants were in fact slaves. Amsterdam had become in the seventeenth century one of Europe’s most important financial and trade centers. You might encounter anyone and anything, and thus Rembrandt’s world stretched far beyond Holland.

More archival records

The Stadsarchief Amsterdam is rightly famous for its digitization service. Some 30 million images of archival records are currently available online. Indexes exist for a steadily growing number of record series, and in most cases they lead you to digital images, too. The ondertrouwregisters (betrothal registers) are probably the most praised record series of the municipal archive, because uniquely for this kind of resource the Amsterdam records often contain additional information about the partners, their professions, origin and family.

Logo Alle Amsterdamse Akten

In 1906 Hofstede de Groot noted in the acknowledgements he had not used himself the notarial registers of Amsterdam, because this rich resource had not yet been adequately inventoried. He had mostly to rely on the transcriptions and editions of the people who had gained access to them thanks to the guidance of archivists. It is one thing to have now at your computer screen full access to digitized images of these registers using the finding aid (toegang 5075), but another thing to find quickly relevant acts. Here the crowdsourcing project Alle Amsterdamse Akten steps in which aims to digitize and create indexes for a staggering volume of notarial registers, good for 3,5 linear kilometer in 700 cupboards. The project overview gives a current number of nearly six million digitized pages, some 680 volunteers at the Dutch transcribing platform Vele Handen [Many Hands] and 267,000 documents. There are more than ten thousand registers from 731 notaries in the Early Modern period. The website contains special dossiers about six themes, among them Rembrandt and also slavery with highlights among the notarial acts, some of them newly found, others already known.

Search screen Alle Amsterdamse Akten

The search screen of Alle Amsterdamse Akten

After free registration you can start searching in the notarial registers from Amsterdam at the website Notarieel Archief Amsterdam. You can search for descriptions, type of act, first names and surnames for two persons, location, day, month and year, or choose a particular notary. When searching for Rembrandt van Rhijn you will immediately get a choice of variant spellings in a dropdown menu, both for Rembran(d)(t) and R(h)ijn. At this point I can no longer hide the fact that the exhibit can be visited in a Dutch and English version, but the other websites of the Stadsarchief Amsterdam are completely in Dutch. The press kit for the exhibit in four languages and the display texts for the documents are the exceptions, but the tablet scripts and transcriptions are only available online in Dutch. There is a strong case to add at least a search interface in one other language. It is some solace to be able to download the 1998 repertory of notaries in Amsterdam between 1524 and 1810 by A.J. Bosma. Earlier on an overview had been created of more than 5000 notarial acts in cases of gross avery between 1700 and 1810, damage to ships in emergency situations, an important resource next to an index on these cases of maritime law heard by a special court. I wrote a paragraph about these verdicts in an earlier post.

Rembrandt and Vermeer in documents

It seems wise to see Rembrandt not in isolation. John Michael Montias (1928-2005) was an economic historian who became an art historian focusing on the social context of art. He found and transcribed lots of Early Modern probate inventories mentioning works of art which can be searched in the Montias database of the Frick Museum, New York. The Meertens Institute for Dutch Ethnology has created the Boedelbank, a database with Dutch probate inventories from four regions seen as a resource for the history of material culture. In 1989 Montias published Vermeer and his milieu. A web of social history, translated into Dutch as Vermeer en zijn milieu (Amsterdam 1993). Over the years Montias had traced some 450 documents in seventeen Dutch and Belgian archives – not only in Delft! – with direct and indirect about information about Vermeer, his family and people associated with him. The Dutch edition contains as an appendix (pp. 331-403) an enlarged version of the list of documents with a number of full transcriptions. The number of documents for Vermeer is definitely lower than for Rembrandt. Even if such documents do not allow for strict conclusions about the content of his art works, they enormously raise the awareness about the multiple contexts of Dutch art in the seventeenth century.

In the face of an ocean of specialized art literature about Rembrandt and Vermeer the point I liked to make here is not only the legal nature of many archival records in the Amsterdam exhibition, but also the presence of many other persons in these documents. Rembrandt and Vermeer were supreme masters in portraying people who you seem to know and understand in an uncanny way. The Dutch historian Geert Mak wrote a book about the Six family [De levens van Jan Six. Een familiegeschiedenis, 2016; The many lives of Jan Six. A portrait of an Amsterdam dynasty, 2017], a merchant dynasty with Jan Six at its very heart, a friend of Rembrandt, portrayed twice by him. The painting is still owned by his descendants. Viewing someone in his familiar surroundings or in the streets of his hometown is also a metaphor for viewing law not as an isolated element of society, but vitally connected to its utmost veins. Finding and recreating such connections is surely challenging, but searching for a subject in vivo is more rewarding and revealing than staying content with results in a supposedly detached laboratory. At the end of 2018 I would almost say: Keep calm and study legal history!

Rembrandt Privé [Rembrandt Privately] – Stadsarchief Amsterdam, Vijzelstraat 32, Amsterdam – December 7, 2018 until April 7, 2019

Finding Frisia’s culture and legal history

Screenprint website Leeuwarden 2018

Since many years the European Union gives every year two cities the title European Cultural Capital. Cities compete with elaborate bid-books to get this coveted title. In 2018 La Valletta, the capital of Malta, and Leeuwarden, the main city of the Dutch province Friesland (Frisia), share the honours. In this post I will look at Frisian culture and history. However varied the program of events, i would like to look at more enduring institutions and projects which bring Frisian culture and history to you. Legal history has its own place in this context.

A matter of languages, and much more

Logo Leeuwarden-Friesland Capital of Culture 2018

The most striking element of the portal Leeuwarden 2018 is the absence of Frisian as a language to view this commercial website. You can choose between Dutch, Frisian, English and German at another portal, Leeuwarden-Fryslân – European Capital of Culture 2018. Here, too, you will find a calendar of events, but their cultural dimensions are given more prominence. Among the cultural events the parade of three giants in Leeuwarden made a great visual impact. Events took place in many Frisian towns and villages, ranging from opera to a heroic solo swimming tour along eleven towns to raise money for the treatment of cancer. Building the community, mienskip, was a central theme.

Frisia’s legal history

It would be almost easy to foucs here on either medieval Frisian law, with remarkable texts such as the Lex Frisionum, late medieval regulations on water management or the Roman-Frisian law during the period of the Dutch Republic, Frisia’s own version of the Roman-Dutch law. Tresoar provides us also with an overview of sources at Alle Friezen (All Frisians), available in Frisian, Dutch and English. The links section of Tresoar is most useful, You might want to look at other Frisian archives as well, easily found using the Fries Archiefnet. However, I have chosen an other subject within Frisia’s long legal history.

Start srcreen Tresoar with Viglius vn Aytta

Amidst all events for Leeuwarden 2018 you could easily miss the opening on October 19, 2018 of the exhibition at Tresoar, the Frisian archive and library in Leeuwarden, around a Frisian lawyer, and the uncovering of a statue in his honor by Herman van Rompuy.  Wigle van Aytta van Zuichem (1507-1577) latinized his first name to Viglius. He was born at the Barrahuis estate (stins) in Wirdum near Leeuwarden. His uncle Bernard Bucho was a councillor of the Hof van Holland in The Hague and saw to Viglius’ education. As many students from the Low Countries Viglius started his studies in Leuven (Louvain) where he arrived in 1522, but a few years later he went further abroad. In 1526 he was at the university of Dôle. In 1529 he received his doctoral degree in Valence. He continued his travels to Bourges to become a student and assistant of Andrea Alciato. Soon his career started. In 1532 and 1533 he taught the Institutiones Iustiniani in Padua, in 1534 he became the official (ecclesiastical judge) for the bishop of Münster, in 1535 and 1536 he was at the Reichskammergericht in Speyer before teaching law at Ingolstadt between 1537 and 1541.

Painting of Viglius by Jacob de Punder - image Tresoar

Painting of Viglius van Aytta as chancellor of the Order of the Golden Fleece, 1564, by Jacob de Punder (1527-around 1570) – Leeuwarden, Fries Museum

His political career started at an amazingly high level in 1540 when he became a member of the Conseil Secret (Geheime Raad, Secret Council), one of the most important institutions in the Habsburgian Low Countries. In 1549 he became its president, first until 1569, and again from 1573 to 1575. Meanwhile he had joined in 1543 also the Groote Raad van Mechelen (Great Council of Malines), a very important high court for the Low Countries. He conducted the negotiations for Charles V for the Burgundian Treaty of 1548 which led to a more coherent status of the Low Countries in relation to the Holy Roman Empire. In 1554 he became the president of the Raad van State, the state council. At the abdication of Charles V in 1555 he wanted to step down from his functions, but king Philip II convinced him to stay with for example the promise to become abbot of the rich St. Bavon Abbey at Ghent. Viglius’ wife Jacqueline Damant had died in 1553,. In 1562 he had been ordained to the priesthood by Antoine Perrenot de Granvelle, the trusted councillor of Philipp II and at the height of his powers as recently appointed archbishop of Malines. By now it will not surprise you Viglius presided since 1563 as chancellor of the Order of the Golden Fleece. I could have chosen a more sober portrait of him painted by Frans Pourbus the Elder, now in the Louvre, but the painting at the Fries Museum in Leeuwarden is most telling.

Legal historians can encounter him as a legal humanist. In 1534 Viglius published the editio princeps of the Greek paraphrase by Theophilus of the Institutes (Institouta Theophilou antikēnsōros) [Institutionum iuris civilis in Gracam linguam per Theophilum antecessorem olim traductae (…) (Basel: in officina Frobeniana, 1534: online, Vienna, Österreichische Nationalbibliothek)], followed by a Latin translation in 1536. Also in 1534 appeared his lectures on the Institutes held in Padua, Commentaria Viglii Zuichemii Phrysii in decem titulos Institutionum (…), published in Basel by Froben (online, Munich, Bayerische Staatsbibliothek). When you check the Universal Short Title Catalogue (USTC; University of St. Andrews) for early editions of works by Viglius you will find a notice about an edition Lyon 1533 held at Montauban, but the database of Lyon15-16. Bibliographie des éditions lyonnaises 1473-1600 makes clear this is probably an edition printed at Lyon in 1564. Only posthumously appeared a series of lectures held at Ingolstadt, Praelectiones in titulum pandectarum, de rebus creditis, et ad titulum codicis Justinianaei, de edicto divi Hadriani tollendo (Cologne: Gervinus Calenius and heirs of Johann Quentel, 1582; online, Universiteit Gent).

The USTC shows a number of pamphlets from 1543 by Viglius from the years on political matters. His Confutatio defensionis ducis Clivensis super jure ducatus Geldriae ac comitatus Zutphaniae (…) (Antwerp 1543), reprinted the same year as Serenissimae reginae Mariae contra ducem Clivensem justificatio also appeared in Dutch, De onschult der coninginnen vrou Marie regeerster der Erf Nederlanden tegen den hertoge van Cleve (…) (Antwerp 1543). Mary of Hungary, governor of the Low Countries, asked Viglius to act as her ambassador at Nuremberg and to speak up against the aggressive policies of duke William of Cleve who claimed the territory of the duchy Guelders (Gelre).

Finding out about Viglius

There is a considerable body of literature about Viglius life and works. The two volumes of the biography by Folkert Postma stand out, Viglius van Aytta als humanist en diplomaat 1507-1549, (Zutphen 1983) and Viglius van Aytta. De jaren met Granvelle 1549-1564 (Zutphen 2000). Not all of Viglius’ writings were published in the sixteenth century. At the multilingual portal site Dutch Revolt only the Dutch version has a section with numerous biographies, the one for Viglius mentions a number of relevant titles. The long article on Viglius by Postma in the Nationaal Biografisch Woordenboek is available online, too, but alas this, too, is in Dutch [NBW VIII (1979), col. 837-855]. The Royal Dutch Academy of Sciences has created a bio-bibliographical lexicon of Dutch humanists between 1500 and 1700, but this resource, too, is only accessible in Dutch, as is the one for Viglius by Toon van Houdt. He notes for example an earlier pamphlet by Viglius dealing with the Cleve-Guelders controversy, Assertio ivris imperatoris Caroli hvivs nominis Quinti, in Geldrię ducatu, & Zutphaniæ comitatu (…) (Antwerp 1541; online, Universiteit Gent). Some works have received attentions only in the last decades. Regina Sprenger wrote about Viglius’ notes about his work as a judge (Assessor) at the Reichskammergericht, Viglius van Aytta und seine Notizen über Beratungen am Reichkammergericht (1535-1537) (Nijmegen 1988). This Protokollbuch is kept at Brussels, Koninklijke Bibliotheek, ms. Van der Gheyn, nos. 2837 to 2840. Paul Nève and Regina Sprenger have published together articles about his time in Speyer. Joost Pikkemaat has studied the lectures held at Ingolstadt [Viglius van Aytta als hoogleraar te Ingolstadt (Nijmegen 2009)]. Earlier he wrote for example about Viglius’ inaugural lecture at Ingoldstad [‘De inaugurale rede van Viglius van Aytta aan de universiteit van Ingolstadt’, in: Van oud en nieuw recht : handelingen van het XVde Belgisch-Nederlands rechtshistorisch congres, Dirk Heirbaut and Daniël Lambrecht (eds.) (Ghent 1998) 53-65]. There is a brief biographical article in English on Viglius by Michael Erbe in Contemporaries of Erasmus: A Biographical Register of the Renaissance and Reformation, P.G. Bietenholz and T.B. Deutscher (eds.) (3 vol., Toronto 1985-1987; reprint 2003) III, 393-395, where Viglius’ position in the network around Erasmus is concisely charted.

Viglius is remarkable also for his historical work and an autobiography. He collected maps and he acted as the first librarian of the royal library in Brussels. A number of his letters, too, were published. You can consult four original letters sent to Viglius in the image library of the Vrije Universiteit Amsterdam. The Kalliope guide for manuscripts and personal papers in Germany alerts to some letters and to 23 volumes at Göttingen, and to a volume with letters in Giessen. In Paris the BnF has among its archives et manuscrits a volume of the Manuscripta Zwichemiana (Nouv. acq. fr. 6168) and some letters from king Philip (Mélanges Colbert 409, VII, no. 817). If you search for Viglius at the Dutch archives portal you will find in particular in Leeuwarden and Utrecht archival records. When you use the Archives Portal Europe you will find even more. At Mémoire vive, the digital portal of the city Besançon you can find materials concerning Viglius within the Collection Granvelle. For those with access to the licensed Picarta resources, for instance via the Dutch Royal Library, you will find more letters in the Nederlandse Centrale Catalogus, and you will wonder why only two letters are listed in another Picarta resource, the Catalogus epistularum neerlandicarum, a database for finding Early Modern letters in a number of Dutch public collections. The two volumes of Postma will help you to trace even more.

It is entirely fitting a former president of the European Commission was asked to uncover the statue of Viglius at Leeuwarden. His published works were often reprinted during his life and some of them even afterwards. His letters and manuscripts ended in major libraries after periods in the hands of many scholars and collectors who appreciated Viglius’ contacts with celebrated humanists. Important archival records can be found in Brussels, Vienna and Simancas. Viglius’ life shows eminently how a an able man seemingly from a far-away corner of Europe could come close to the very nexus rerum of his time. Although he clearly felt much at home in Ghent he never forgot his Frisian roots. In this sense Leeuwarden can indeed claim to be a European capital. Once upon a time studies about Viglius were colored by nationalism and religious positions. If we see him now more as a true European with strong ties to his origin, this might teach us a lesson for our century. At some turns legal historians might have deplored his early goodbye to legal humanism, but it is more sensible to respect his efforts to steer clear of many problems in the middle of Europe’s political turmoil of his time which led to revolt and civil war in the Low Countries and many other parts of Europe.

Suriname’s slavery registers unbound

Start screen slavery regisyers, Nationaal Archief, Suriname

On July 1, 1863 slavery was officially abolished in Suriname. A ten-year transitional period followed during which former slave owners received a monetary compensation for each former slave. Since many years people originally coming from Suriname celebrate in The Netherlands on July 1 the feast of Keti Koti, “The Breaking of the Chains”. It is only fitting that last week the digital version of slave registers kept between 1830 and 1863, now hold by the Nationaal Archief of Suriname (NAS) in Paramaribo, was launched by a number of institutions led by Coen van Galen at the Radboud Universiteit Nijmegen and Maurits Hassankhan at the Anton de Kom Universiteit van Suriname, with support from the Dutch National Archives in The Hague.

Last year I reported here on the project to move a number of archival collections concerning the history of Suriname from the Dutch Nationaal Archief to the NAS, and to digitize also a number of these collections. Collections with relevancy to legal history figure large among them. The digitization of the slavery registers is a key element completing the efforts for digital access and conservation, indexing the registers and making them much more accessible for researchers and the general public worldwide. In this post I will look at these registers and their online presence.

A crowdsourcing project

Logo crowdsourcing project "Maak de Surinaamse slavenregisters openbaar"In January 2017 the project for indexation and digitization of these slavery registers started, just after the transfer of important archival collections from The Hague to Paramaribo. A campaign with the slogan Maak de Surinaamse slavenregister openbaar, “Make the Surinam slavery registers public”, proved effective. Some 600 people donated money for the project, and some 400 volunteers helped indexing the registers. To put the record straight, anyone could and can come to these archives to gain access to the original volumes, provided their material state is not too fragile. It is safe to assume that you need to come with good arguments to touch them now they can be consulted online. The Dutch National Archives did already provide public access. The operation to bring archival collections back to Suriname created a more urgent need for conservation and digitization.

The digitized registers now in Paramaribo [NAS, toegang (finding aid) 16, inv.nrs. 1-43] can be accessed using an index form shown above. On purpose the NAS has not placed these registers among its forty digitized archival collections. The Dutch National Archives provide also online access to the slavery registers among its ever-growing set of online indexes. You can download the index in its entirety (4,2 MB, zipped file). At this point something becomes clear when you look at the URL of this file, a web address in The Netherlands at the search portal Ga het NA of the Nationaal Archief in The Hague. The search form of this digital resource at both archives is almost, but not completely identical.

Accessing the slavery registers

Logo Dutch Nationaal Archief, The Hague

You can use either a simple search form (Eenvoudig zoeken) with three fields, one for a free text search and two fields for setting a period, or go to Uitgebreid (Advanced search) with more fields. In the second mode there are additional fields from the slave name, the name of the mother, and the name of the slave owner. You can click on the search results in order to get both the information on a person, including also gender, references to the registers and the type of register – with its inventory and page number – and an image of the page in question. It is possible to zoom in at will to any image. Each scan has an individual URL, a URL from my country when viewing individual results, meaning there is one single database behind the two versions. By clicking on the field name in the results you can change their order. You will find either the names of owners or the name of the plantation and its location.

NAS, series 16, no. 34, fol. 2667

It is not my purpose to single out here any defects and omissions, but a few things are very visible. First of all the version hosted in The Hague contains additional information which is not or not yet provided at the website of the NAS. The section Achtergrond (Background) informs you about the information given in the search fields, with a second page about slavery in Suriname and the introduction of slavery registers and their survival. There are important losses, not in the least some registers of slaves owned by the Dutch colonial government. In the registers mutations such as birth and death, acquisitions and sales should be written down. A third page on Gebruik (Use) contains instruction on the use of the indexes and the interpretation of results, and also a handy list of common abbreviations in the registers. The other pages contain a colophon about the project and the user license (CC-BY-SA 3.0 NL).

A second thing to note is the incomplete translations in the English version of the search form. Even the simple search form has not yet been translated completely. The field names in the results screen have not been translated. A much sillier thing becomes also visible: In cases where there is no gender information, the volunteers entered the word Leeg (Empty). I suppose there are more concise and effective ways to convey the fact that no data have been entered in a particular field.

Viewing the context

Using to a large extent at this moment only Dutch for this project is not a particular lucky thing, and you can even extend this to the project website. Translations in languages such as English and Sranantongo are not just welcome, they are simply needed to really open this resource to people worldwide with interest in Caribbean history, the history of slavery or Dutch colonial history. For any project on Dutch colonial history in the East Indies contemplating translations into English and/or Bahasa Indonesia is luckily a natural thing. The project team states flatly these registers are a worldwide unique resource, the only series of its kind. On the project website some further, rather important explanations about the actual state of the slavery registers are offered. It appears no general index to the series existed. Some registers could be consulted on microfiches, but without one or more indexes searching would mean wandering in a jungle without much hope for any results. The thing to note here is that only in 2017 the need for an index was perceived as sufficiently urgent to start a project to deal with this sorry situation. Earlier on having only severely hampered access seems not to have led to constructive action. Van Galen and Hassankhan rightly stress the importance of the slavery registers for not only genealogical research, but as a key resource to connect with the manumission registers, neighbourhood registers of the city Paramaribo and other sources for Suriname’s history during the nineteenth century. The historic context and the slavery registers can enrich the information contained in them in both directions.

Surely we need to thank Coen van Galen and Maurits Hassankhan and the army of volunteers who succeeded in getting their tasks completed in time. Van Galen and Hassankhan provide on the project website a very useful page with four PDF’s with information that should immediately be included on the websites of  both versions of the online index. The project leaders provide a list with the names of plantations and other Dutch posts in 1834 (530 kB), a list with the names of free people in Paramaribo in 1846 (2,2 MB), both created by Huub van Helvoort, a list with first names of enslaved people on a number of plantations (70 kB), and even a list of letter forms, letter combinations and some Dutch words in nineteenth-century Dutch script (650 kB). It is good to see some basic historical skills are not forgotten! However, to my disbelief I did not find on the project website the URL of the index, not even after a few days… The slogan Open the slavery registers seems to have been at least temporarily forgotten by the web team. More down to earth, the current summer heat in my country, the gulf of enthusiasm about the launch, and the very end of the academic year created perfect excuses for forgetting to open literally the doors to the final results of the project also at the project website. The absence of news items from June and July 2018 is another indication for the sleeping state of the project website.

Such omissions and minor problems can be fixed quickly. I would urge anyone involved with this project to proceed as soon as possible with distributing lacking information to both versions and completing the translations. This succesful project well deserves this last effort to remove the barriers and chains which hindered easy access and practical use. The slavery registers of Suriname deserve interest from many corners.

A postscript

The uniqueness of these slave registers should be considered in the light of the presence of similar registers held at the Nationaal Archief Curaçao (finding aid 005, Archief Koloniale Overheid, nos. 1-1070).

Guidance to Early Modern legal procedure in the Dutch Republic

Cover "Procesgids Hof van Utrecht"Finding your way as a party or an advocate in trials in Early Modern Europe could be a daunting task. In our century some legal historians consider it important to offer some guidance to the way old courts worked. The Society for the History of Old Dutch Law has created a series called Procesgidsen with already nine volumes since 2000. This month appeared a guide written by J.M. Milo and E.G.D. van Dongen for the former provincial court of Utrecht [Procesgids Hof van Utrecht. Hoofdlijnen van het procederen in civiele zaken (Hilversum 2018; Procesgidsen, 10)]. A book presentation was held on June 8, 2018 in the inner city of Utrecht at the former building of this court, now one of the locations of Het Utrechts Archief. This post looks at the book presentation and of course at the new guide itself.

Ten guides

The former court of justice at Utrecht

Kaj van Vliet (Het Utrechts Archief) opened the session with a quick history of the historical premises of the old court. The Court of Utrecht was founded in 1530. At first its seat was close to the Habsburgian fortress Vredenburg (“Castle of Peace”). When the Dutch had freed themselves from the Spaniards, and after the demolition of the Vredenburg castle in 1579 the close association with the Spanish powers and authorities was no longer necessary or sensible. In 1580 the Reformation definitely took over in Utrecht. The court could move into the buildings of the former Benedictine St. Paul’s abbey. In the nineteenth century city architect Christiaan Kramm devised the facade still seen today. I show a part of the facade in the very banner of my blog. In the late twentieth century the rechtbank in Utrecht had to deal with a kind of diaspora with at least fifteen buildings. Some fifteen years ago a new building finally solved problems of space and coordination. I showed this building in my post on Lady Justice’s square.

Paul Brood (Nationaal Archief, The Hague), the editor of the guide series, invited us to imagine the fragmentation of the Dutch Republic which becomes very visible when you think of the different territories you will cross when travelling from the north, let’s say Groningen, to Holland. You had to face different jurisdictions, too. Brood underlined the way Marijke van de Vrugt wrote a draft for the Utrecht guide. At least two other guides are being prepared for the Society for the Study of Old Dutch law; these, too, will be published by Verloren. Emanuel van Dongen (Law School, Utrecht University) looked at one of the cases used in the guide to show the proceedings of the court. This case involved a charge of rape against lawyer and history professor Pieter Burman (1668-1741) in the early eighteenth century. The case kindled great interest among contemporary pamphleteers. Milo and Van Dongen had already discussed this case in their article ‘Echte mannen, woorden en daden. Eer en schuld voor het Hof van Utrecht in de achttiende eeuw’ [Real men, words and actions. Honour and guilt at the Court of Utrecht in the eighteenth century], Pro Memorie 19/2 (2017) 160-175. Kees van Schaik, a retired barrister who has mastered in three decades as few others the archival records of the Court of Utrecht (Het Utrechts Archief, finding aid (toegang) no. 239-1, Hof van Utrecht, 1530-1811), looked at a sixteenth-century case involving a lease of land by a farmer who had signed on purpose a very favorable contract which gave him space to escaping even these conditions.

Philip Langbroek, professor of justice administration and judicial organisation at Utrecht University, mused about the legitimation of Early Modern lawyers and their impact on law and justice. Did the overlap between the judicial elite and other elites damage the actual proceedings? This question is interesting, but Langbroek did not attempt to look at actual Early Modern cases, nor did he focus on the nomination of judges and lawyers admitted to the bar. J.O. Zuurmond, a judge at the current Rechtbank Midden-Nederland, put the proceedings of the second eighteenth-century case discussed in the guide – concerning an obligation to pay goods –  into the current way such cases are dealt with now by Dutch courts under new regulations – and computer systems – for civil procedure. The role of written documents will diminish radically. Finally, Michael Milo gave the first copy of the guide to E. Messer, vice-president of the Rechtbank Midden-Ned4erland

A new guide to the old Court of Utrecht

The volumes in the series Procesgidsen follow an established pattern of an introduction to the history of courts and the applicable laws, chapters about the jurisdiction, the judges and staff, the way proceedings in cases run according to the stilus curiae, the instructions and ordinances for court proceedings; a chapter or chapters showing one or more cases, sometimes also with an appeal procedure, and a guide to archival records and a concluding bibliography. The guides are mostly restricted to civil procedure. In this guide attention to archival records is shown by the effective use of images of procedural documents, but there is little guidance to the actual use of the records for the Early Modern court of Utrecht. However, all core elements of the series figure in this book, and the good use of photographs of legal documents is surely an asset, to be repeated in the upcoming volumes. Key passages of these documents have been translated which inter alia gives you an opening to Dutch palaeography in the way I lately discussed here.

Until recently researchers dealing with the former Court of Utrecht could benefit in particular from a book by Willem van der Muelen, Ordonnantie ende instructie op de stijl ende maniere van procederen, voor den hove van Utrecht, zoo in civile als crimineele zaken (…) (2 vol., Utrecht 1706-1707; online). He published a similar work for the city court, Costumen, usantien, policien ende styl van procederen der stadt, jurisdictie ende vryheid van Utrecht (…) (Utrecht 1709; online, Hathi Trust Digital Library). The phrase Costumen, usantien, policien ende stijl van procederen, to be translated as “Customary law, policy and procedural ordinance”, was used since the late sixteenth-century for similar works. The library of Het Utrechts Archief is home to a number of copies of these editions.

Sometimes a book or article can help you to overcome justifiable doubts about the feasibility of archival research into Early Modern courts. The series of books with essays on medieval ecclesiastical courts, edited by Charles Donahue Jr., did even more by inviting you to compare courts. The Dutch series Procesgidsen helps you to get quicker to the themes and subjects you want to study, and they help you to put these courts into perspective.

A broad view on broadsides

Broadside "John Bull, can you wonder at crime", ca. 1860

Broadside “John Bull, can you wonder at crime?”, ca. 1860 – image The Lawbook Exchange Ltd. (no. 11 in the catalog)

It is the happy liberty of any blogger to choose themes and subjects at will, but sometimes they advert themselves readily. The last years I have written a few times about recent catalog of antiquarian booksellers. In this post I would like to look at a catalog concerning thirty American and British broadsides. Broadsides and pamphlets, including even broadside ballads, have figured here on several occasions. It led me eventually to creating an overview of digital pamphlet collections at my website. This time I will also discuss a matter which is very visible but not always seen in its full implications. Every item in the catalog is offered for a prize which is closely linked with its rarity. Which criteria are commonly used? Is it possible to establish more about the presence of rare books in the collections of libraries and other institutions? Where is the line between a general approach and more detailed procedures? Some roads may be well known, others might not be as obvious as you tend to assume.

Thirty broadsides

Last week the Lawbook Exchange Ltd., a well-known firm from Clark, New Jersey, alerted to a new catalog figuring thirty American and British broadsides, and also one French item. You can view the catalog online or download a PDF version (2,4 MB). You can change the order of the items in eight ways, depending on your wish to see them in alphabetical or chronological order of the titles or the authors, or perhaps starting with the highest prize. The highest prize in this catalog is for the broadside A brief account of the execution of six militia men!!, published in 1828 in the campaign against Andrew Jackson. The catalog refers to a bibliography by Shaw and Shoemaker who did not record this publication.

The second highest prize is for a British broadside published around 1850 with a satirical attack on lawyers, Beware Important Caution Beware of a Pair of Bipeds (…), a broadside which looks like an official notification. The staff of The Lawbook Exchange states they were unable to find any copy of this broadside Let’s not forget to mention at least the only French broadside of the catalog, an arrêt of the Conseil du Roi concerning merchants published at Aix-en-Provence in 1765. The catalog comments that the survival of this notice meant to be posted at market places is remarkable, and adds “No copies located on OCLC”.

Logo KIT Karlsruhe

I could have taken you here on a tour through a number of broadsides concerning trials, but somehow the notices about the rarity of the items caught my eyes and kept resonating. The simplest thing to note is that OCLC is the firm behind WorldCat, by no means the only product of this firm. WorldCat is a meta-catalog harvesting its results directly from a vast number of library catalogs all over the world. In this respect it differs from the Karlsruher Virtueller Katalog (KVK) which uses mainly national and regional union catalogs which may lag behind in the actual state of library holdings. One of the reasons to look beyond WorldCat is the fact some rather large libraries have not yet joined WorldCat. Utrecht University Library, not the smallest Dutch library, will join only in August this year, yet another thing that made me reflect.

The KVK gives you access to German and Swiss regional catalogs. It dawned on me regional catalogs in other countries might well exist, even if they are not or not yet accessible using the KVK. At first I did not readily find a single resource for national union catalogues and regional catalogs. I cannot hide the fact the Dutch union catalog, the Nederlandse Centrale Catalogus, is only accessible at subscribing libraries and for their cardholders. A second Dutch union catalog, the Catalogus Plusbibliotheken (WSF), leads you in open access to the holdings of fourteen Dutch research libraries. For Belgium I could quickly trace Antilope, a city union catalog for Antwerp, and Cageweb, a meta-catalog for the libraries of Ghent University, two valuable resources which supplement UniCat, the union catalog of Belgian university libraries.

The KVK does indeed include all German regional catalogues. Some of the five regional catalogues – GBV, KOBV, HEBIS, SWB and BVB – cover libraries in several Bundesländer, a thing which clearly escaped me. For a number of smaller regions and some cities there are smaller sets taken from a main regional catalog. Instead of guiding you to them you might benefit also from two other German union catalogues for a particular kind of libraries, the Kirchlicher Verbundkatalog and the Virtueller Katalog Theologie und Kirche, an offspring of the KVK.

A gateway to gateways and catalogs

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I did not find a good overview of relevant catalogs until I realized I had searched with a focus on meta-catalogs. Using the term (national) union catalog proved to be crucial. I finally arrived at ShareILL with among its finding aids and tools its impressive list of gateways and union catalogs. The list thoughtfully refers also to a number of union catalogs for serials, but the most important thing is the inclusion of a number of regional catalogs, making me curious about more examples. Let’s stick here with British and American libraries, but it is of course possible to mention other interesting regional catalogs. For 25 libraries in London and the surrounding area you can benefit from Search25. The Serials Union Catalogue (SUNCAT) has a useful overview of comparable projects and union catalogs. Alas some links seem to be broken, but you can for example use the UK Union Catalogue of Chinese books hosted at the Bodleian Libraries, Oxford. Valuable are also the references to projects for a survey of special collections, MASC25 for the London area, hosted at University College London, and RASCAL for special collections in Ireland. The SCORE project for searching printed British company reports survives in an archived version created by the National Archives.

The list at ShareILL for the United States looks rather short, but it includes the vast overview of Z39.50 compliant libraries created by the Library of Congress. The overview deal also with union catalogs in other countries, and although it indicates regional catalogs these are almost only public libraries. The Library of Congress provides a special Z39.50 entrance to these catalogs, for example for the Five Colleges (Amherst, Hampshire, Mount Holyoke, Smith and UMass Amherst). The overview does mention Melvyl, the central catalog of the university libraries within the University of California, nowadays fully searchable at a subdomain of WorldCat. I was aware of the CARLI regional catalog for research libraries in Illinois, but at first I found only a few other examples, the JerseyCat for New Jersey and the WRLC Catalog of the Washington Research Libraries Consortium. At LibWeb, the most extensive survey of libraries worldwide, you can easily find regional library consortia in the United States, but only seldom you will encounter research libraries in the very names of projects. I am sure there is more than meets the eye! For the purpose of this post I must mention at least New York Heritage, a portal to digitized collections in the state New York, and the digital collections of the New York Public Library. The NYPL refers to digitized versions in licensed collections of copies of two other editions of the 1828 anti-Andrew Jackson pamphlet (Shoemaker no. 32473). An overview of union catalogs for states in the United States can be found at the website accompanying Godfrey Oswald’s Library World Records (3rd ed., 2017), and he gives even more overviews of union catalogs elsewhere in the world.

In my view it makes sense to refer to specific libraries or even to digital collections when you deal with specific items. For no. 26, a broadside from 1783 announcing a tax in Massachusetts, the staff of The Lawbook Exchange rightly point to a bibliography of early Massachusetts imprints, but they could have referred also to libraries such as Harvard University Library, the Boston Public Library, the library of Boston College, the Boston Athenaeum or the Massachusetts Historical Society. For Confederate imprints pointing to the Boston Athenaeum is surely advisable, because there is for these imprints both a digital collection and a digitized bibliography.

The road of bibliographies

Mentioning Shoemaker brings me to bibliographies of a particular kind. Specialized bibliographies, both in print and online, are a second resource to gain information about books concerning a particular period, author, subject, publisher or publications from a particular town or country. In the case of Shaw and Shoemaker we need to distinguish between the printed bibliographies by Ralph R. Shaw and Richard H. Shoemaker, American bibliography; a preliminary checklist for 1801-1819 (New York, 1958) and the multi-volume publication A checklist of American imprints 1820-1829 (10 vol., New York, 1964-1973). The licensed online version by the firm Readex abbreviated as Shaw-Shoemaker has as its full title Early American Imprints II; Shaw-Shoemaker 1801-1819, with some 36,000 imprints. For a book or pamphlet printed in 1828 the references in the catalog with thirty broadsides are to the printed edition.

If you look closely at the items in the catalog with thirty broadsides you will notice not every description contains references to online catalogs and relevant bibliographies. For no. 1, $50.00 Reward! The Above Reward will be Paid for the Recovery the [sic] Body of Miss Jennie Warren (…), a broadside from Illinois printed in 1875, we read it is an unrecorded broadside, without indicating which resources have been used. In this case you might conclude thus when you do not find this broadside in the CARLI union catalog for Illinois, the Library of Congress, the KVK, and perhaps as an addition the general catalog of the American Antiquarian Society. Thanks to an initiative of the University of Michigan you can perform full text searches in the digitized version of the National Union Catalog Pre-1956 imprints in the Hathi Trust Digital Library, searching the title of this particular broadside in the online version is challenging. To me it seems more convincing to indicate where you sought without any result than to state merely something is unrecorded.

I would feel perfectly happy when for example the 1836 ordinance on market law in Albany (no. 2) was not found in the New York State Library in Albany, the New York State Archives and the New York Public Library. There is a union catalog for libraries in New York, ConnectNY. No. 4, a broadside about the trial and execution of Henry Anderson in 1822, presented as an item unrecorded in WorldCat and the British COPAC, can nevertheless be found in WorldCat with even a link to a digitized version in Harvard University’s crime broadsides project. The point for me is not to point to any fault or omission, but to underline the need for a consistent approach. For no. 21, Ein neues Lied von der Mord-Geschichte des Joseph Miller (…) (s.l., s.n., [1822]) the bibliographical information is very substantial. Hermann Wellenreuther counted in Citizens in a Strange Land A Study of German-American Broadsides and Their Meaning for Germans in North America, 1730–1830 (University Park, PA, 2013) sixteen editions of this text. It seems this is indeed an unrecorded copy of a most rare edition. PennState University Libraries have created a digital collection with some 1,890 items for these German broadsides which were especially published in Pennsylvania.

Broadsides in digital collections

Banner Dying Speeches & Bloody Murders - Harvard Law School

Trial pamphlets and broadsides have been lucky in digitization projects. My interest in the thirty broadsides of this catalog is also linked with my general interest in digitized pamphlets and broadsides. A few years ago I started with a page on my legal history website for digital collections in this particular field. Apart from the collection mentioned above at Harvard Law School I have checked for the presence of the broadsides under discussion also in the Trial Pamphlets Collection of Cornell University Library. You will spot in my overview at least fifteen digitized collections with broadsides in the United States. In the United Kingdom only a few collections deal explicitly and exclusively with broadsides. On the other hand broadside ballads are rightly regarded as a distinct subgenre, and I have recorded digital collections dealing with them. You might want to read my 2017 post about broadside ballads.

In December 2017 a three-year cataloging project at Het Utrechts Archief ended for some 5,000 Early Modern municipal and provincial ordinances. Archives are the place where you can expect ordinances which have sometimes been published both as pamphlets and as broadsides. In a splendid volume with scholarly articles about Early Modern broadsides, Broadsheets. Single-sheet publishing in the first age of print (Leiden 2017), edited by Andrew Pettegree, the presence of broadsides in archives is a subject which Pettegree rightly mentions in the introductory chapter. Broadsides have not always received the attention they deserve. Their ephemeral nature has been taken for granted. Some of the leading bibliographical projects for Early Modern books even excluded broadsides, among them the Short Title Catalogue Netherlands (STCN) and the Short Title Catalogue Vlaanderen (STCV). However, the STCV has now started to include Flemish broadsides as well, and even gives them a paragraph in the cataloging manual. Pettegree notes Anton van der Lem has entered sixteenth-century broadsides for the STCN. The introduction by Pettegree is a must-read for anyone interested in broadsides. For Italy Pettegree mentions projects and books concerning governmental publications printed as broadsides. In a post two years ago I could even point to digital collections with Italian Early Modern bandi from Rome, Bologna and Venice. What holds true for Early Modern editions can to a large extent be extended to later editions.

Multiple roads to go

At the end of this rather long post I guess we just touched the surface of a subject deserving detailed attention. Is it possible to give a concise rule for indicating facts about the uniqueness or common presence of old books, prints and broadsides? WorldCat contains information from more libraries than any other resource, but I find it often cumbersome to find in WorldCat which library contributed the information about a specific item. The KVK is strong for European collections and does harvest apart from national union catalogs a number of regional catalogs. We have seen it is possible and feasible to use these regional library catalogs whenever this is sensible. Sometimes you will point to a few libraries where you expect items to be, such as the Library of Congress, major national and university libraries. Legal historians will think of the holdings of the Max-Planck-Institute for European Legal History in Frankfurt am Main. The Vatican Library is of course another institution with very rich holdings. Specialized bibliographies help very much to gain deeper insight.

In the face of an increasingly international public it makes sense to enlarge the references to them in order to prevent an impression of sharing arcane information with the happy few who are nourri dans le sérail. I would prefer putting the references in a separate paragraph of the description of an item in a book seller’s catalog. By looking also at archives and their collections you can do justice to the fact broadsides are different from books. In archives you might find more broadsides than you expect. Awareness of both archival collections in libraries and of books and broadsides in the holdings of archives broadens your view and can be most helpful. How to achieve this? Scholars, librarians, archivists and antiquarian booksellers need each other and the services they can provide.

To sum up, mention where you searched for information, thus honouring the principle of responsible incompleteness, use both WorldCat and the KVK, remember also to use the catalogs of libraries and archives nearby, or look at specific libraries, and use relevant printed and online bibliographies. Any time you can add something important from your own knowledge and experience you should feel free to put it into action! In an increasingly virtual world it is good to remember you will find these bibliographies – and access to licensed online resources – in research libraries. As users we should wake up when we read words like rare and unique, but let’s not blame a book seller for wanting to create an interest in his goods.

The Lawbook Exchange Ltd., Clark, NJ: 30 Broadsides, May 8, 2018