Category Archives: Catalogs

Fifty years selling precious prints, books and documents

Cover jubilee catalogue Forum Rare BooksTwo months ago I first looked at a most lavishly illustrated antiquarian book catalogue, and I only had to figure a moment to write about it here. In its wake I found two other recently issued illustrated catalogues of the same firm, Forum Rare Books in ‘t Goy, a hamlet near the Dutch village Houten. This year Forum exists fifty years. The jubilee catalogue is a treat in every aspect. In this post I will look at the jubilee catalogue and two other recent catalogues. Many items in these smaller catalogues can be linked with legal history, but more can be said about them.

In 2017 I discussed here another catalogue issued by Forum with books, prints and other items concerning slavery. The jubilee of Forum is a good occasion to look again for legal history in its recent catalogues.

A feast to the eye

During a period of closed archives and libraries it has been hardly possible to have old books, prints or documents in front of you in a reading room. Digital archives and digital libraries have gained a new importance. With COVID-19 virus affecting many cities, regions and countries in different degrees it is not at all certain institutions that just reopened can remain open. I admit to finding some solace in the beautifully produced jubilee catalogue (Catalogue no. 118, PDF, 32 MB) of Forum Rare Books, a firm that started in Utrecht in 1970, since a few years situated in lovely rural surroundings to the south east of my home town Utrecht.

The special catalogue contains 260 items, all of them accompanied with at least one image, in some cases printed in full page. Item after item you marvel both at something truly rare and often ingeniously illustrated. In a number of cases not only the images take your breath away, the prices indicated do this, too. If you try to forget about them, you can appreciate the catalogue as a kind of exhibit and start enjoying the objects and admiring the descriptions.

Title page of "Los emblemas de Andrea Alciatto tradcidos en rhimas (Lyon 1549) - image: Forum Rare Books

Title page of “Los emblemas de Alciatio traducidos en rhimas Españolas” (Lyon 1549)

Item no. 8 is a rare edition in Spanish of the emblems collected by Andrea Alciato (1492-1550), the famous legal humanist, published in Lyon in 1549. Alciato founded and shaped the emblem genre, the combination of images and a motto, often in verse. The catalogue tells you about the new images in this edition and its place in the publishing history of Alciato’s emblems. Much care is taken for the description of its physical state, making clear that existing damage has not affected the images. The references in smaller cursive print are the result of patient research in many reference works, bibliographies and catalogues. When possible Forum does point to online meta-catalogues. It took me a while before I saw that the only thing you can possible add to the description of this item is a reference to Lyon15-16: Bibliographie des éditions lyonnaises 1473-1600 where this edition figures as no. 17425; information from USTC 342602 should be compared to this database.

A second item worth mentioning here is no. 26, a book by Caspar Barlaeus, Medicea hospes, sive descriptio publicae gratulationis (…) Mariam de Medicis (…) (Amsterdam 1638). It records the almost royal entree to Amsterdam of Maria de’ Medici in 1638. The text is accompanied by fine engravings with images belonging to the realm of legal iconography. This publication is an example of the Early Modern genre of festival books, a subject in a post here in 2018. In the Early Modern Festival Books Database this book figures as no. 2676.

Let’s continue our tour of this grand catalogue with no. 44, a publication by Johannes van der Bosch, Nederlandsche bezittingen in Azia Afrika en Amerika [Dutch possessions in Asia, Africa and America] (2 vol. and atlas, The Hague-Amsterdam 1818). Van den Bosch founded in 1818 also the Maatschappij van Weldadigheid [Society for Beneficence] which aimed at creating better circumstances for poor people. His scheme led to the building of labor colonies in the province Drenthe to which beggars and their families were transported. In an earlier post this year about Dutch archives I mentioned two websites concerning these colonies, Koloniën van Weldadigheid and Alle Kolonisten. Last year Angelie Sens published De kolonieman. Johannes van den Bosch (1780-1844), volksverheffer in naam van de Koning (Amsterdam 2019), a book about this most active man and his initiatives. On my way to no. 44 I had to skip a beautiful work on animals by John Audubon and a gorgeous copy of the Atlas by Joan Blaeu.

If you think one continent is missing in this catalogue you should look at no. 48, a legal treatise by William Westbrooke Burton, The insolvency law of New South Wales, with practical directions and forms (Sydney 1842). The catalogue tells us there was only one edition of this pioneer work on a subject in Australian private law.

The sheer variety of subjects, the telling images and often most interesting descriptions in this catalogue will bring you moments of immersion in a kind of time machine hovering over centuries and continents. It is truly with some difficulty that I leave it to your own curiosity to find out about the wealth assembled within its pages. At the website of Forum Rare Books you can search for web pages about individual items, provided they have not yet been sold. The website is also the source for some of the images in this post.

Autographs, manuscripts and much more

For all its qualities the great jubilee catalogue does touch only with a restricted number of items on legal history. In my view the two small catalogues in this section make up for this omission. The first catalogue, 2020 Autographs, documents & manuscripts (Catalogue 221, PDF, 4,7 MB) contains 24 items. Here you can encounter not just books and manuscripts, but also archival records. The first item is a notarial act from Antwerp confirming in 1546 an Italian notarial document for Giovan Carlo Affaitati, a spice merchant whose money supported the finances of emperor Charles V.

Trial documents from Johan van de Bergh, 1726-1729

Item no. 5 contains documents from the years 1726-1729 concerning the trial at the supreme court of Holland, West-Friesland and Zeeland of a murder case. Pieter Oostenrijck, a baker from the village Zoeterwoude, was tried for killing Cornelis Jansz. Schier, the blacksmith of the village. The documents stem from Johan van den Bergh, between 1725 and 1755 the baljuw (bailiff) of the Rijnland district around Leiden. Van den Berg was also for many years burgomaster of Leiden. The layout of the document shown on the left is typical of documents actually presented in writing before a Dutch court in the Early Modern period. The catalogue points to an advertisement for the sale of the blacksmith’s goods in 1725. It is indeed the kind of document making you curious to find out more about a case and its circumstances.

A following item worth mentioning here is no. 13, a manuscript in French about India and the castes Indiennes, written in 1743 in Karaikal. The anonymous author compares the Indian caste system to Christian belief and customs, enlivening his argument with stories. It is interesting to figure out the background of the author and the purpose of his treatise.

A charter in Portuguese, 1388

No. 16 is a royal charter from Portugal, written in 1388, with a verdict from the court in Coimbra on a case about a claim to a particular parcel land. This document shows a quite early use of the Portuguese language in an official document issued by royal judges. For archival records such as this document Forum does not provide references.

The second smaller catalogue issued this year I want to present here deals with posters, pamphlets and prints (Catalogue 235, PDF, 10,8 MB), with 28 items. The first item in it to be linked with legal history is no. 2, a poster for the auction of the Wulperhorst estate in Zeist near Utrecht in 1801.The statement neither the Karlsruher Virtueller Katalog nor WorldCat contain information about copies is correct, but it is more logical to check for it in the holdings of Dutch archives using the Archieven portal where no copy is recorded. The catalogue contains three other posters for auctions, this time for the sale of ships (nos. 3, 5, and 21).

Item no. 4 is a partially colored and illustrated broadside, probably dating from the late seventeenth century, showing Charles the Bold (1433-1477), duke of Burgundy, as a judge. The engraved images are accompanied by explanatory texts. No 28 is a similar broadside showing count William the Good of Holland performing justice in 1336, also stemming from the second half of the seventeenth century.

The title page of the "Receuil van verscheyde placaten (...)

The sixth item in this catalogue is a volume with 92 printed ordinances, instructions and other documents relating to the army and navy of the Dutch Republic, issued between 1591 and 1716 with a long title, Recueil van verscheyde placaten, ordonantien, resolutien, instructien, ordres en lysten, etc. betreffende de saacken van den oorlogh, te water en te lande. The set is quite rare. The Short Title Catalogue Netherlands mentions 2 copies of this set. The description has a phrase about placaten, “publicly posted documents”, pointing rightly to the fact ordinances were indeed posted literally outside important and central buildings. However, the term stems from the word placard, stressing the fact such documents were issued with an official seal.

No. 7 is another rare broadside from 1623, Tweede basuyne. en ‘t boosdoens heylige
wraeck-spiegel …
, with an image of the execution of some of the conspirators against prince Maurits. In 2019 I wrote here about Maurits and his conflict with the Dutch statesman Johan van Oldenbarnevelt and his conflict. He was executed after a political trial in 1619. Two of his sons did in 1623 an ill-organized attempt at assassinating Maurits, helping thus to put their father’s legacy for the Dutch Republic in unfavorable light. From the events of 1618 and 1619 stems also item no. 24, an engraving by Claes Jansz. Visscher II of the hanging of the coffin with the body of Gilles van Ledenberg, secretary of the States of Utrecht and chief supporter of Van Oldenbarnevelt, who committed suicide in prison before his sentence had been pronounced.

The most famous political murder in the history of the Dutch Republic is the subject of item no. 10, a broadside from 1672 with four etchings by Romeyn de Hooghe about the killing of Johan and Cornelis de Witt by a mob outside the county prison in The Hague in August 1672. I had expected a reference to the study by historian Henk van Nierop, The Life of Romeyn de Hooghe 1645-1708. Prints, Pamphlets, and Politics in the Dutch Golden Age (Amsterdam 2018) who in some cases argues convincingly for a new date and context of several undated etchings of this artist.

My tour of this catalogue ends with two items from the late eighteenth century. No. 11 is a set of printed ordinances issued in 1805 by governor Jan Willem Janssens for the Cape Colony in South Africa. At this time the Batavian Republic (1795-1806) was the state ruling most parts of the Northern Netherlands. The rule of the Dutch East Indian Company in Cape Town had ended in 1799. In 1806 the English took over the Cape Colony after an earlier English period between 1797 and 1803. Item no. 12 is an engraving of the first meeting of the national assembly in The Hague in 1797 during the period of the Batavian Republic.

Ascertaining the provenance of all these precious books, prints and documents is surely one of the things to do before you or an institution can pay the requested amounts for a particular item, but this will not stop you from sharing with me the admiration for these items described with such care and flair, and made more tangible in fine photographs. My brief remarks cannot hide my pleasure in looking at these three magnificent catalogues. This year Forum Rare Books issued already 23 (!) illustrated catalogues. Many international book fairs are currently held as virtual fairs. Whatever the prospects of anyone wanting to possess these items, the catalogues and the website of Forum offer you a tour around the world with most interesting items.

Ordinances and the book trade of the Dutch Republic

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

Ongoing research

Logo STCN

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

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

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

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

An archival turn

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

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

Logo Trinity College Dublin

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

Some reflections

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

Logo STCV

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

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

A book with nearly everything?

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

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

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

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

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

A postscript

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

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.

Slavery depicted and described

The cover of the rare books catalogue on slavery

Image from Marcus Rainsford, “St. Domingo, of het land der zwarten in Hayti en deszelfs omwenteling (…)” (2 vol., Amsterdam: Allart, 1806), used on the cover of the catalogue

Sometimes I find a new subject for a blog post by looking in my list with possible themes, sources and legal systems, but every now and then a subject appears without any prior notice. This week I found in my mailbox an announcement about a new catalogue of a rare books seller on the subject of slavery. One of the major changes in world history is surely the way slavery became the object of massive criticism and protests after many centuries of more or less accepted existence. Legal history should provide space not only for the study of the history of legal doctrine, its teaching and legal institutions, but also for the impact of both elements on society. Slavery was kept in place and force by laws and customs. Anyway, slavery is a major subject pointing to the grim consequences of plain injustice and enchained human liberty, but such views, too, have their history. The catalogue (PDF, 3,8 MB) contains items from many countries and periods, and you will find here only a selection to make you curious for more. Many items have beautiful illustrations.

Yet another reason to look at this catalogue is the firm behind it. Thirty years ago the rare books firm publishing this catalogue had its seat at the lovely Oudegracht, the main medieval canal in the old city of Utrecht, but it has retreated to a more rural setting in the hamlet ‘t Goy, now part of the garden city Houten to the south-east of Utrecht. In fact this firm was probably the first antiquarian book firm which I dared to visit as a student. At its present pretty location in a renovated old farm you will find a second antiquarian bookseller who works with the other firm in association. This legal figure is rather interesting, because you will want to be sure who is the seller of valuable items. I will briefly look at this legal aspect, too.

From highlight to highlight

In order to present here a somewhat coherent choice I had better start with the book figuring on the cover of the catalogue shown above. No. 24 in the catalogue with 28 items is the Dutch translation of a work by Marcus Rainsford. Rainsford came to Haiti in 1799 and became an admirer of Toussaint l’Ouverture, the leader of the Haitian slave rebellion. No. 5 is a French translation of a work by Willem Bosman, Voyage de Guinée (…) (Utrecht: Schouten, 1705), according to the catalogue one of the earliest descriptions in print of West-Africa and the slave trade in this region.

Among the most important items is no. 3, an official transcript of the will of a slave owner on Jamaica, the merchant Joseph Barnes († 1829). It is good to note the attached probate form of the court of Doctors’ Commons, and a seal of the prerogative court of the archbishop of Canterbury. Rather special is also a book by Philip Howard, Slave-catching in the Indian ocean (…) (London 1873) who wrote about the Asian slave trade (no. 7). Very rare is the book of Bartholomeus Georgiewitz (Bartol Djurdjevic), Voyage de la saincte cité de Hierusalemme (…) (Liège: Streel/De la Coste, 1600), a book written by a former slave who spent 13 years in Ottoman captivity after the battle of Mohács in Hungary (1526) (no. 9).

The catalogue is really a jigsaw puzzle of items stemming from many countries. In a number of cases we find translations, for instance a French translation of Alexander Grailhe’s plea in the case of the will of the philantropist John McDonogh (1779-1850) (no. 12) who bequeathed a fabulous amount of money for the foundation of public schools in New Orleans and Baltimore with free access for both white and black children. Texas figures in no. 26 with an edition of Ordinances and decrees of the consultation, provisional government of Texas (Houston: National Banner Office, 1838).

North Africa is the region in a book ascribed to Jean-Baptiste de La Faye, Voyage pour la redemption des captifs aux royaumes d’Alger et Tunis (…) (Paris: Sevestre and Giffart, 1721) (no. 18). The story told here concerns three members of the Ordre de la Sainte Trinité who tried to free Christian slaves. East Africa is the subject in no. 11, with two French reports about languages in East and Equatorial Africa and slavery, the first published in Mauritius in 1846, the second in Paris in 1850, with a letter by the ethnographer Eugène de Froberville. A Dutch translation of William George Browne, Nieuwe reize naar de binnenste gedeelten van Afrika, door Egypte, Syrie en Le Dar-four (…) (2 vol., Amsterdam: Allart, 1800), an account of travels in Egypt, Syria and Sudan figures as no. 6.

Dutch historians will note the works of two rather famous brothers, the politician Gijsbert Karel van Hogendorp with a volume of letters about the end of the Dutch East India Company [Brieven aan een participant in den Oost-Indischen Compagnie (3 parts, Amsterdam: weduwe Doll, 1802-1803); no. 14], and a rare copy of a novel by his brother Willem van Hogendorp [Kraskoepol (…) (Rotterdam: Arrenberg, 1780) ; no. 15] about the dangers of harsh treatment of slaves. At the time of writing he was an official in the East India Company. A different slant on Dutch Caribbean history comes into view with no. 19, the illustrated album amicorum of Henry van Landsberge, governor of Suriname between 1859 and 1867, the period of the abolition of slavery in this Dutch colony (1863). British matters are at stake in two major reports about slavery for the House of Commons printed in 1848 and 1849 (no. 16).

Some reflections

In the paragraph above I have deliberately put some items together which might have been placed in a regional order in the catalogue, too, but the catalogue shows the random nature of the subjects covered in the books and manuscripts offered for sale.

Portrait of P.A. Tiele

The wide geographical range of subjects is daunting for most scholars and cataloguers. Each description follows the time-honoured practice of a concise bibliographical description, followed by the price, a summary of the contents and information about the author, the publisher and when necessary the rarity of an item. The descriptions end with a string of abbreviated titles and numbers, references to specialized bibliographies, national bibliographies and sometimes also collective library catalogues. In a number of cases I can determine to which publication or website a reference points, but at many turns I can only assume there is specialized scholarly literature with which I am not familiar. For me this catalogue would benefit from full references, but others will no doubt see familiar landmarks. I fail to understand why the Karlsruher Virtueller Katalog (KVK) has not been used everywhere, be it even only to state “not in KVK”. The references to NCC stand for the Nederlandse Centrale Catalogus, a licensed online meta-catalogue for Dutch university libraries maintained at the Royal Library, The Hague. “Tiele” can stand for a variety of publications by Pieter Anton Tiele (1834-1889), librarian of Utrecht University Library. Tiele published major catalogues of pamphlets in Dutch holdings, a catalogue of the manuscripts in Utrecht UL, a catalogue of Frederik Muller’s collections of travel accounts, and the catalogue of the Bibliotheca Thysiana in Leiden, to mention just his most important contributions. The French and English Wikipedia have short articles about him. For Dutchies there is the website of the Dr. P.A. Tielestichting which promotes research into book history. In one case I could easily identify an abbreviation of a library. JCB stands for the John Carter Brown Library of Brown University, Providence, RI, renown for its rich holdings for American and Caribbean history and culture.

The things that strike me every time when I see announcements and catalogues of the two associated rare book firms Forum Rare Books and Asher Rare Books are the shared phone and fax numbers. Antiquariaat Forum started in 1970 and acquired Asher Rare Books in 2010. Forum Rare Books is active on Twitter for both firms (@ForumRareBooks). To complicate things, there is a third firm at the Tuurdijk 16 in ‘t Goy, Forum Islamic World. The terms of sale of the three firms follow normal book selling practice governed under Dutch law and the rules of the international antiquarian book world, but I cannot help musing about the liability of the seller when things go wrong, and pure humanly who represents a firm on a particular moment. Luckily, Forum is a member of the two major Dutch book selling associations and of ILAB, the International League of Antiquarian Booksellers. I cannot detect the required registration number of the closest Chamber of Commerce, but surely you will find it on the invoice. On the other hand new buyers have to provide their credentials. Bas Hesselink of Forum Rare Books is known in my country also for the way he speaks about old books and prints in the Dutch television program Tussen Kunst & Kitsch (“Between Art and Kitch”) in which the general public brings objects for appraisal by art experts in the setting of museums.

My concern in writing about this catalogue comes also from my curiosity where these items will eventually be found. Some of them form a substantial enrichment of our knowledge of painful aspects of Early Modern history, and hopefully we will find most of them in the custody of public institutions.

Forum Rare Books and Asher Rare Books, catalogue 2017 Slavery – ‘t Goy (Houten), Netherlands

Musing upon liberty and law

While musing myself on themes suitable for a new post on my blog at least one subject offered itself last week in my mailbox. An antiquarian bookshop with stores in Brooklyn, NY and Stevenson, MD, sent me a message about nineteenth-century manuscripts for sale. One of the items attracted my attention because of a remarkable series of subjects touching on law, history and liberty brought together in a manuscript note by a well-known American author. Here I will try to focus on two questions which call out for an answer. Do these subjects really combine so easily and naturally as this author assumed? How can legal historians bring them into discussion again? Here I would like to share with you my first impressions.

Ralph Waldo Emerson and the law

Ralph Waldo Emerson, manuscript notes on liberty

The manuscript at the center of this post is a two-page note written by Ralph Waldo Emerson (1803-1882) in 1855. Both the website of the antiquarian firm and their mail message point out this text features in Emerson’s book English Traits (1856). From Emerson Central, one of the online portals to Emerson’s texts, I take the quote at stake here:

Magna-charta, jury-trial, habeas-corpus, star-chamber, ship-money, Popery, Plymouth-colony, American Revolution, are all questions involving a yeoman’s right to his dinner, and, except as touching that, would not have lashed the British nation to rage and revolt.

Emerson had studied theology at Harvard. He had visited England in 1833 and 1847, and France in 1848 during the year of revolutions all over the European continent. My first impression of this sentence from the chapter “Ability” of English Traits is that of someone applauding the steady character of the British who do not let them foil into violent actions for some goal, however lofty or urgent. The Glorious Revolution of 1688, revolts in medieval England, the break with Scotland and the Dissolution of the Monasteries are conspicuously absent, and I choose here only a few themes. Instead of character I should perhaps say “nature”, taking the lead from Emerson’s famous essay Nature (1836/1849). In his even more famous address The American Scholar (1837) he urged writers to break away from literary conventions and to find their own voice. Some twenty years later love for things British seemed to be very real. Emerson definitely wrote in the century of the nation-state, and his opinions might be both fired and coloured by feelings of national pride, influenced also by personal experiences. His use of the words Saxon and Scandinavian race is distinctively mainly for the apparent conviction it carries, and not only for its factual imprecision. To all appearances Emerson shared here a Whig view of British history, one long and unbroken road to liberty. Emerson was a poet, too, and we should acknowledge that his vision of the United Kingdom is visionary, perhaps even utopic. Historical facts or their reassessment do not alter the poetic view expressed by Emerson.

For a first online orientation concerning Emerson the article in the Stanford Encyclopedia of Philosophy is very helpful. You can execute illuminating textual searches in Emerson’s writings in the digital edition created by the University of Michigan, and continue your research at RWE.org. The nature of this blog post is a very simple first impression, a first look at a resource which surely can be studied in more depth.

Great events

The core of Emerson’s note to be discussed here is the combination of familiar subjects for legal historians: Magna Carta, the trial jury, the Habeas corpus rule, the Star Chamber, the Plymouth colony and the American Revolution. In the image above you can spot that the ship money figured immediately after Magna Carta, but in the published text it has been moved to a fifth place. The fight against Catholic influences and the creation of the Anglican Church is concisely evoked by the word “popery”. The ship-money was the tax levied by Charles I of England between 1629 and 1640 without parliamentary consent. Once upon a time such subjects might have been included at least in continental capita selecta lectures about British history, but they more probably were and are at the heart of an introductory course in British legal history taught anywhere in the Anglo-American world. By the way, law is not forgotten among the digital resources presented at The Plymouth Colony Archive.

Next year legal historians will face the celebrations around 800 years Magna Carta. The original copies will be shown in exhibitions, sometimes far from their present location. Cultural institutions such as the British Library will rightfully exhaust themselves to show their treasures and to appraise them anew. Hopefully historians can take a distance from preconceived opinions and look at their own prejudices, and help explaining how and why some themes in legal history gained their iconic importance.

The thing that struck me most about Emerson’s words is the vitality of history and the value attached to it, even when admittedly the nineteenth century was the century of history par excellence. The two pages with his notes show in a very immediate way – notice the fluency of his hand! – how he saw himself as part of a living continuity. Whatever the reasons behind the American Revolution it followed nevertheless the example of a country with a long experience of institutions safeguarding liberty.

The website of the antiquarian firm gives a five number amount of money as the prize of Emerson’s note. The prize of liberty and the just course of law and justice is beyond any prize. Legal historians should honour the history of liberty by pointing to its prime examples, to the grave and grim periods and events threatening liberty, to mistakes and opportunities recognisable in our days, too.

The 1855 manuscript of Emerson – with a 1875 carte de visite photograph of Emerson – is for sale at the 19th Century Rare Book and Photograph Shop