Category Archives: Digital editions

Editing medieval royal laws from Spain

The start screen of 7 Partidas Digital

Last month I wanted to refresh my blogroll. Among the additions one blog stands out because its name does not start with a letter, but with a number, and it appears now as the very first item of the blogroll, reason enough for further exploration. It is a project for a new edition of laws created by a king with perhaps the best reputation of all medieval kings, at least in modern perception. Alfonso el Sabio, or Alfonso X of Castile, king Alphonso the Wise, wrote the songs of the Cantigas de Santa Maria, and he created a famous law collection, the Siete Partidas (Seven Parts). For a new critical edition of this collection the Spanish team of editors have created the blog 7 Partidas Digital: Edición critica de las Siete Partidas, hosted by the Hypotheses network. In this post I will look at this project and I will try to provide some context for it.

Studying medieval laws

Royal legislation in the Middle Ages is not easy to bring under one common denominator. Scholars such as Sten Gagnér (1921-2000) have helped us much to see legislation in new light, in particular in his Studien zur Ideengeschichte der Gesetzgebung (Stockholm, etc., 1960). Armin Wolf focuses in his research on medieval legislation, in particular in Gesetzgebung in Europa 1100–1500: Zur Entstehung der Territorialstaaten (2nd edition, Munich 1996), and like Gagnér he has written about a great variety of laws and lawgivers, including Alfonso el Sabio (1221-1284). In 2002 the Max-Planck-Institut for European Legal History in Frankfurt am Main could acquire the vast library of Gagnér. Michael Stolleis, for man years the director of this institute and a scholar trained by Gagnér, wrote a moving and most instructive tribute to Gagnér [‘Sten Gagnér (1921-2000), ein großer Lehrer der europäischen Rechtsgeschichte’, Quaderni Fiorentini 29 (2000) 560-569; PDF]. For many years Wolf, too, worked for and at this institute. His fundamental book about medieval legislation first appeared in a volume of Helmut Coing’s Handbuch der europäischen Privatrechtsgeschichte. It is by all means wise to benefit here, too, from the rich resources of this Max-Planck-Institut, starting perhaps with the online catalogue of its library.

Let’s start a tour of the blog 7Partidas Digital, a project at the Universidad de Valladolid. There have been two major adaptations of this legal collection, in the incunabula edition of 1491 (Alonso Díaz de Montalvo) and the edition published in 1555 (Gregorio López), and a semi-official edition in 1807 by the Real Academia de la Historia, but not yet a critical edition. The aim of the project is to bring together all textual sources and present them online, to create an online critical edition and to provide a up-to-date bibliography of relevant scholarship in a Zotero group. The bibliography takes as its starting point the study of Jerry Craddock, The legislative work of Alfonso X. A critical bibliography (London 1986; 2nd edition, 2011). You can consult the 1986-1990 update of Craddock’s bibliography online (eScholarship, University of California). Already the fact that Craddock could adduce manuscripts not earlier included and comment on them should make you aware of the complicated textual tradition of the Siete Partidas and other Alphonsine laws. By the way, Robert Burns added an introduction to the reprint of the English translation of the Siete Partidas by S.P. Scott (first edition 1931; reprint 5 vol., Philadelphia, 2001, 2012).

Logo 7PartidasDigital

The core of the project is the online edition hosted at GitHub which is being created using XML / TEI. TEI stands for Text Encoding Initiative, one of the major metadata standards in creating digital text editions. As for now the project has resulted in editions of some textual witnesses kept at Valladolid. The Siete Partidas is a rather large legal code. The section Léxico explains the incunabula edition in 1491 contains 772,000 words. The first part (Primera partida a.k.a. Libro de los leyes) in one particular manuscript (London, British Library, Add. 20787, sigle LBL) good for more than 165,000 words. The image of a kind of Spanish armada, a fleet with an outsize flagship and many minor vessels around it, is probably a fair description. The project will create a special dictionary for the Siete Partidas, of which the letter Z, the only one already publishedgives you an idea.

The section Testimonios gives you a general overview of relevant manuscripts and their contents, mainly as noted in the Philobiblon project for Iberian medieval manuscripts (Bancroft Library, University of California at Berkeley), and for a number of them – including LBL mentioned above – extensive descriptions. One of the scholars helping to track down manuscripts with laws issued by Alfonso el Sabio was the late Antonio García y García. A further asset on this web page is an interactive map showing where institutions have relevant manuscripts within their collections. An essential element in this project are the Normas de codificación, the rules for the encoding of the text and the critical apparatus in the XML / TEI pages, and additional guidelines for the transcription of the legal texts.

Access to Alfonso’s laws

Banner BDH

By now you might think all this information does not yet bring you directly to the texts associated with king Alfonso el Sabio, but you could as well admit that some preparation is needed indeed to approach them. I had expected to find here both images of manuscripts and an edition on your computer screen, and therefore I would like to provide you at least with some information about the most important printed editions. A text of the Sieta Partidas was printed twice in 1491 [Las siete partidas de Alfonso X el Sabio, con las adiciones de Alfonso Díaz de Montalvo (Seville: Meinardus Ungut and Stanislaus Polonus, 25 October 1491; GW M42026, online for example in the Biblioteca Digital Hispánica)], and two months later again with the same title [(Seville: Compañeros alemanes, 24 December 1491) GW M42028, online in the Biblioteca Virtual del Patrimonio Bibliográfico (BVPB)]. The Gesamtkatolog der Wiegendrucke (GW) (Staatsbibliothek zu Berlin) and the Incunabula Short Title Catalogue (British Library and CERL) show you concise bibliographical information and lists with extant copies worldwide for both editions rather short lists. The edition by Gregorio de López de Tovar appeared in 1555 and can be viewed online in the BVPB [Las Siete Partidas del Sabio Rey don Alonso el nono (…) (Salamanca: Andrea de Portonariis, 1555)].

The Biblioteca Digital Hispánica brings you not only a number of old reprints, some of them enhanced with useful registers, but also a number of digitized manuscripts. It contains also a digital version of the edition published by the Real Academia de la Historia (Las Siete Partidas del Rey Don Alfonso el Sabio cotejada con varios códices antiguos (…) (Madrid 1807)]. The Hispanic Seminary provides you in its Digital Library of Old Spanish texts in the section for Spanish legal texts with a transcription of the Primera Partida in the 1491 edition. You can find more editions and books about the Siete Partidas in the Catálogo Colectivo del Patrimonio Bibliográfico Español, and for example in the Bibliografía Española en Línea, a service of the Biblioteca Nacional de España, and more specifically in the Repertorio del Medievalismo Hispánico (Institución Milà y Fontanals, Barcelona).

In the midst of all these elements I would almost forget to mention the blog posts of Siete Partidas Digital, to be found under Entradas. The most recent contribution in this second is a full-scale article by José Domingues (Porto) about the Portuguese version of the Siete Partidas and its manuscript tradition (A Tradição Medieval das Sete Partidas em Portugal). The first blog post alerts to the 2015 revised online version of Dwayne E. Carpenter, Alfonso X and the Jews: An Edition of and Commentary on Siete Partidas 7.24 «De los judios» (thesis, University of California, 1986), and to new textual witnesses found in the Archivo de la Real Chancillería de Valladolid, referred to in the edition with the sigle VA4, but alas the links to the finding aid with these archival records and to the article describing them are broken. However, here the project in Valladolid scores with its section on text bearers: The page on VA4 gives you full information, but here, too, you have to reckon with links to Spanish archival records which stem from expired web sessions. You will have to repeat yourself each consecutive step of the search at the rich but cumbersome navigable PARES portal, the digital home to both online inventories and many digitized archival records in Spanish state archives. You will find a quick introduction to Alfonso el Sabio and the texts concerning the legal status of religious minorities in the Siete Partidas in the database of the RELMIN project around the position of these minorities in the medieval Mediterranean, with also some references to basic modern literature.

Normally I would feel rather exhausted, or to be honest definitely feel irritated, to say the least, about such a sorry state of affairs, the combination of a broken link and arduous recovering information using the PARES portal, but this time I can appreciate very much one of the things Sten Gagnér taught his students, not only in his lectures and seminars, but foremost by his own example. At the end of this post I really want to mention something Michael Stolleis made crystal clear in his tribute to Gagnér. He wanted his students to see things for himself in sources, to trace back and check the steps others had set, be they the pioneers and leaders in the various fields of legal history or more average scholars, to see the very words in the sources they found, to assess the meaning and context of words anew. Studying legislation in past and present in all its forms should be an exercise in good thinking, not a slipshod affair, as if you only have to dip your spoon in an ocean of sources. No school, department or faculty can provide you completely with his kind of training, because here your own intellectual honesty and drive to become and be a true historian should work for all you are worth, for all things and people you value most.

A postscript

After the things I siad about the PARES portal I must do justice to the riches of this portal by referring to the wonderful online guide by Scott Cave and Ashleigh Dean, aptly called Taming PARES. Their guide really unlocks this treasure trove!

Dutch historical newspapers in digital context

Screenprint Delpher-Externe krantenbanken

The results of the Dutch elections last week made headlines worldwide, but they did not offer a ready prompt for a quick reaction here. As usual in the Netherlands in the absence of a two-party system it will take some months to build a new coalition government. Even when there had been a land slide election, it would have taken some time to interpret its impact. By sheer coincidence the Dutch digital library Delpher announced last week a new enriched version which now also includes a lot of local and regional newspapers. Their presence means you can look at historical events and their perception at a deeper level, too. Some weeks ago I spotted also another very different Dutch newspaper which I had not expected to find at Delpher. in fact its digital presence has scarcely been noted at all. These two facts finally pushed me into writing this short contribution. In a way it will be a sequel, too, to my first post in March 2017. A few years ago I published here posts about Dutch digital libraries and on digitized British and Dutch newspapers. Delpher figured also in a post about my country and the First World War.

The riches of Delpher

Logo Delpher

Delpher is a digital platform created by the Dutch Royal Library in The Hague in cooperation with Dutch university libraries. Delpher combines two relatively small digitized book collections with digitized journals, newspapers and typescript of radio bulletins. One of the major assets of Delpher is the possibility to search in all collections with one search action. The digitized newspapers stem not only from the own collection of the Royal Library, but also from libraries and archives elsewhere, in a number of cases outside the Netherlands. The latest addition in the newspapers section (Externe krantenbanken) brings you now easy access to historic newspapers from the province Utrecht held at the Archief Eemland in Amersfoort, the province Noord-Holland (Noord-Hollands Archief in Haarlem, Regionaal Archief Alkmaar and the Waterlands Archief, Purmerend), and Zeeland (Krantenbank Zeeland). Delpher omits the URL’s of the five individual newspaper collections, but you can see a list of these newspapers when you filter your search results (Kies krantentitel). The overview of digitized newspapers can also be downloaded (PDF). For searching newspapers published during the Second World War Delpher has created a nifty preset filter. I can point you to a list of the eighty digitized journals at the website of the Royal Library. Somehow I cannot really understand why such information is not simply presented at the very platform and spot where you would ask for such things.

Among the digitized newspapers are also a number of official gazettes. Indeed, to my surprise it is not just the Nederlandsche staatscourant in its various incarnations (digitized for 1814 to 1950), but also the Bataafsche staatscourant (1805-1806) and its sequels during the French period until 1814, and even the Verzameling van verslagen en rapporten behoorende bij de Nederlandsche Staatscourant, reports accompanying between 1904 and 1950 the Dutch official gazette. Surely an official gazette stands on a different footing than ordinary newspapers, but nowhere at Delpher its presence and special position is indicated. You might wonder why the Staatsblad, a gazette for official decrees and announcements, and the Tractatenblad, the gazette for treatises, were excluded or not yet included at Delpher. The very copyright on these publications is only one of the matters to consider here. To be able to view legislation and its resonance in public opinion and its consequences in cases heard before the courts reported in both national and local newspapers is a major advance.

Logo Staten-Generaal digitaal

To make things worse, the digital presence of the Staatscourant is not even mentioned at the portal Staten-Generaal digitaal with digitized parliamentary debates and reports for the period 1815-1995. The FAQ corner provides hardly any link. Even the links to current digital versions are not given in the of this project. The Royal Library, too, fails to give the link to either Delpher or a direct link to the digitized historical issues of the Staatscourant on its webpage about its history. Instead of complaining I had better offer you here a direct link at Delpher to the historical issues of the Staatscourant, created by using Delpher’s filter options.

I will keep my promise and write indeed a short post, but I must add a few remarks. You might have noticed my references in Dutch to some elements of the Delpher portal. Despite my honest admiration for all the efforts going into Delpher which make it a goldmine for all those delving into Dutch history, books, journals and newspapers, I would like to urge the creation of an interface with at least one additional language. If you agree that such digital initiatives are valuable and important for Dutch culture and history, they might be interesting, too, outside a relatively small country as the Netherlands. As creator of Rechtshistorie, a bilingual website about legal history, I am fully aware of the tasks facing you to create and maintain websites or portals in more than one language. The Dutch Royal Library is an important partner in a number of international projects, and it is only natural to follow with a multilingual interface for all its websites. Adding English or other languages to the interface of Delpher would in particular work as an expression of gratitude to international partners. Among them are such institutions as the Herzog August Bibliothek in Wolfenbüttel, the Kungliga Biblioteket in Stockholm, Calvin College, the National Archives, Kew, the Zentralbibliothek in Zurich and the Archivio Segreto Vaticano. Meanwhile the teams of the Royal Library should be able to deal quickly with the omissions and gaps mentioned here. Hopefully I have won your curiosity to visit Delpher for the first time or again, and let linguistic barriers not stop you to use it!

A postscript

In May 2017 Delpher announced the addition of 75 journals (PDF). You will quickly spot in this list more staatsbladen for the former Dutch colony in the Indonesian archipelago, and several journals concerning legal statistics. The presence of the Rechtsgeleerd magazijn, a platform for the publications of leading Dutch lawyers, is to be applauded.

From rules to cases in medieval canon law: A tribute to Charles Donahue

Banner Cause Papers - Histiry Online and Borthwick InstituteWhen you would ask me to single out any legal historian for his or her versatility, path-breaking articles and books, stimulating teaching and generous help I would answer that choosing anyone would mean that I seriously underestimate the qualities of a lot of other fine scholars. On November 29 Harvard Law Today published an article about the honours lately bestowed upon Charles Donahue. In October a conference was held to celebrate his efforts in the field of legal history, both for the history of the common law and medieval canon law. This last field offered me the original impulse to start my blog, and therefore it is fitting to create space for a truly great scholar.

John Witte, Sara McDougall and Anna di Robilante edited a Festschrift called Texts and Contexts in Legal History: Essays in Honor of Charles Donahue (Berkeley, CA, 2016). Remarkably this volume does not yet figure on the website of the publishing institution, the Robbins Collection at Berkeley’s School of Law. Its website might be in the midst of a substantial makeover, including the launch of a new website for the manuscript catalogue, but this surely is an omission, yet another reason to get into action here. In this post I will focus mainly on Donahue’s work for the history of canon law, but you will not mind reading some remarks about other periods and themes which received and receive his attention. A third reason for writing this post is the opportunity to look at two most interesting projects for digitizing archival records which form a wonderful window to the practice of medieval canon law.

Taking the plunge

Photo of Charkes Donanhue - source: Harvard Law SchoolMy most vivid memory of Charles Donahue is the way he presented a paper at the International Congress of Medieval Canon Law in 1996 at Syracuse, NY. He commented on the needs to combine the qualities of research into legal doctrine, ecclesiastical institutions and social history. The three of them benefit immensely by being studied together, not in isolation. Of course this is a huge challenge, but Donahue memorably ended saying: “Let’s get out here and do it!” He did indeed exactly what he announced. One of the challenges is having the courage and stamina to work at all in a field like the history of medieval canon law which is both utterly fascinating and bewildering in its complexity. Critical text editions are still scarce, and you might be the first scholar since decades to look at particular manuscripts, or literally the first in centuries to study archival records.

Cover Charles Donahue "Law Marriage and Society in the Later Middle Ages - source Cambridge UP

In order to assess the possibilities to use archival records from medieval church courts Donahue set out to create a survey of these records with reports by a team of scholars from all over the world, The Records of the Medieval Ecclesiastical Courts: Reports of the Working Group on Church Courts Records (2 vol., Berlin 1989-1994). Earlier on he published with Norma Adams Select Cases from the Ecclesiastical Courts of the Province of Canterbury, c. 1200–1301 (London 1981; Selden Society Publications, 95). A recurring theme in a number of his publications is medieval marriage. In 2008 Donahue’s great study Law, Marriage, and Society in the Later Middle Ages: Arguments about Marriage in Five Courts appeared. Cambridge University Press provides online access to some 300 additional pages with notes and texts. The five courts in this work are York, Ely, Paris, Cambrai and Brussels. At his Harvard homepage you can download Excel sheets from the databases with the materials from these courts. Sharing these data with other scholars is wonderful when you realize how much work it takes over many years to prepare these materials before you can execute the kind of study Donahue did.

Projects at York

For one of the dioceses Donahue studied in his great book about medieval marriage, law and society you can now access documents online. Surprisingly there are even two connected projects which bring you to ecclesiastical justice in the medieval archdiocese of York. The first project to come online was The Cause Papers in the Diocesan Courts of the Archbishopric of York, 1300-1858, the fruit of cooperation between the University of York, in particular the Borthwick Institute for Archives, the Andrew Mellon Foundation, History Online and JISC. The Borthwick Institute provides you with background information about the digitized records. It is also instructive to read entries at the project blog which ended in 2011 with the launch of the database. The Cause Papers can also be searched online at the portal Connected Histories. It is a bit weird to see at this portal the label Local records applied to both the Cause Papers and the Proceedings of the Old Bailey. It is precisely a strength that they are also important sources for local history, but they can bring those investigating them much more.

The core of the project for the York Cause Papers (CP) is the database which allow you to search more than 15,000 cases from many perspectives. For a number of cause papers images are provided, but I cannot determine the algorithm or human reasons behind the selection. Looking for cases after 1500 can bring you to images of the records involved. Earlier on the Borthwick Instituted had published guides to the cause papers, W.J. Sheils, Ecclesiastical Cause Papers at York: files transmitted on appeal 1500-1883 (Borthwick Texts & Calendars 9, 1983), D.M. Smith, Ecclesiastical Cause Papers at York: the Court of York 1301-1399 (Borthwick Texts & Calendars 14, 1988), and D.M. Smith, The Court of York 1400-1499: a handlist of the cause papers and an index to the archiepiscopal court books (Borthwick Texts & Calendars 29, 2003). At the website of the Borthwick Institute is also a very useful guide to records from other courts at Carlisle, Chester, Durham, Sodor, the diocese of the Hebrides, and Man, all of them, however, for the period after 1500. The database of the Cause Papers brings you to summarized information about the cases dealt with in these records. If you want to look in it for matrimonial cases you will see at least 1,600 cases from four centuries. A search with the keyword matrimonial brought me 241 results between 1300 and 1500. Donahue prepares for the Selden Society the volume Select cases from the ecclesiastical courts of York, 1300-1500 which will contain some 400 cases from the Cause Papers.

Logo York Archbishops'Registers RevealedThe medieval records themselves are at the center of a second project at York, York Archbishops’ Registers Revealed, The digitized registers cover the period 1225 to 1646. The contents here are much wider than only legal cases, but they, too, appear. As one of the showcases in the background information you can look at documents concerning the divorce of king Henry VIII from Anne of Cleves in 1540 (Abp Reg 28, f. 142r). For this project 32 registers have been digitized (Abp Reg) and also five Institution act books (Abp Inst AB) from the sixteenth and seventeenth century. You can browse a particular register and browse for people, religious institutions and groups. locations and subjects, or use the free text search field. A simple search for marriage yielded some 300 results. Supplementary indexes exist already for three registers. These indexes are rather important. When you look under A for Anne of Cleves she is absent in the database because in the standard view only input from indexed registers is shown. You cannot reach directly for records for people not included in these indexes. It is evident that the case from 1540 was found using earlier indexes, and primarily the historical overview of matters at the beginning of a register. The need for indexing some forty registers with 21,000 digitized images is clear and just as important as compliance with IIIF, the initiative for interoperability between images from various sources, rightly advocated in this project. Having the digitized images in front of you on your screen is great, but some of the classic activities of the historian’s craft are still indispensable, if only for deciphering the texts. Maybe I can seduce you to have a look at ‘Under a magnifying glass’, a recent post on my second blog Glossae concerning juridical glosses from the twelfth century, where I compare a number of online tutorials for medieval palaeography. By the way, the Borthwick Institute has also started digitizing seventeenth-century visitation records from York.

consistory-concordia

For yet another diocese in medieval England, London, you can consult at home records thanks to the Consistory database created by Shannon McSheffrey (Concordia University, Montreal) using registers covering the periods 1467-1476 and 1487-1496. The database contains transcriptions and translations of documents for this last period. McSheffrey helpfully provides a generous bibliography of modern scholarship about late medieval civil and ecclesiastical courts in England. McSheffrey provides introductions to major themes in the cases from London, such as defamation, marriage and divorce, tithes, testaments, clerical behaviour, and matters as debt and perjury. You can approach the cases directly or look for specific subjects, people, locations, and also for depositions. The variety in possible approaches to these records is not new for those already familiar with medieval canon law, but surely this range of subjects covered by ecclesiastical law should make more people curious about canon law.

Among the supporting institutions of the Canadian Consistory project is the Ames Foundation, since many years led at Harvard by Charles Donahue. One of the online resources of the Ames Foundation are the page proofs of The Register of the Official of the Bishop of Ely: 21 March 1374 – 28 February 1382 edited by Marcia Stentz and Charles Donahue. I had used the word opus magnum for Donahue’s book on the comparative history of medieval marriage courts, but this edition deserves this description, too. Marcia Stentz’ calendar of the Ely register formed the starting point for a full critical edition. As an asset the Ames Foundation has also put online digital images of this register [Cambridge, Cambridge University Library, Ely Diocesan Records, EDR D2/1]. Establishing a correct numbering of all pages in this register is just one of the myriad things needed to pursue the long road to the final edition. At the first folio the Ely register has the heading Registrum primum causarum consistorii episcopi Eliensis (..), but this register does not contain solely cases heard in an ecclesiastical court. Other tasks and actions of an officialis, the episcopal judge, come into view, too.

I leave it to my readers to see for themselves the recent additions concerning medieval canon law among the online publications of the Ames Foundation, a remarkable feature of a society promoting the history of English law! You will also spot Charles Donahue’s name for his support for the online edition of Appeals to the Privy Council from the American Colonies: An Annotated Digital Catalogue, edited by Sharon O’Connor and Mary Bilder, but his work for the Ames Foundation reaches beyond specific editions.

Editions in the digital age

When reading this contribution you will notice with me a great variety in editorial approaches for online editions or presentations of late medieval church court records. The Cause Papers of York are accessible in a database, but you will find for cases before 1500 only detailed summaries of cases. The range over the centuries is great. I would view it as a search tool. York Archbishops’ Registers Revealed does give you access to digitized images, but the online indexation of the records has not yet been completed. Here you will need medieval and Early Modern palaeography, and you have documents from an even longer time span. The Consistory database for diocesan records from London offers you detailed access to transcriptions and even translations, but for just one decade. Here you can quickly focus on the cases. The edition of the Ely register is certainly both a classic edition enhanced with images, and in a way it is in a class of its own. The context of an ecclesiastical judge during eight years is here right in front of you. Depending on your personal interest as a scholar or teacher you will sometimes prefer a full edition, to provide either students with a quick road to a first encounter with a source, or inversely make the importance of auxiliary sciences clear by showing images of historical records. Each approach is to some extent perfectly valid and valuable. Space forbids me to discuss here the editions by Monique Vleeschouwers-Van Melkebeek for Cambrai and Brussels of records of the officialis, let alone her work on Tournai with probably the earliest surviving records from the late twelfth century. Donahue does use these sources, too.

At the end of this contribution I am sure that Charles Donahue would very much want to make this extensive comparison of editions in print and online. Of course I could only point to some aspects of Donahue’s work. It makes me eager to look at his work in more depth! Studying medieval law is one of the means to discover the great differences of law and society in place and time during a millennium. It teaches you to be wary about rapid generalizations and labels. I confess to be charmed and sometimes very much moved by the records of medieval courts and the way they can be made tell-tale witnesses of society at large, of life in all its dimensions, of people trying to lead their lives. Somehow human interest is the greatest when you see people facing the machineries of the law, be they cunning plaintiffs, helpless defendants, shrewd or wise lawyers. In its best incarnations as in the work of Charles Donahue studying and writing about medieval canon law is both part of legal history and the humanities.

The legal world around American slavery

The advertisement for the slavery digital collection

Early October 2016 came a surprising announcement from a firm known for its licensed digital law collections which most users will visit only through on and off-campus access at university and research libraries, national libraries and law firms which can afford the costly yearly subscription rates. Although I have no intent to create here a platform to champion only the cause of Open Access I have tried to avoid writing about materials hidden beyond pay walls, because such blog posts would have a tantalizing effect on many readers. Kluwer, LexisNexis and WestLaw, to mention a few firms dealing with legal materials in many countries, and for the humanities for example Chadwyck, Gale, Adam Matthew and ProQuest have not yet figured here. However, when HeinOnline announced to create free access to its digital collection Slavery in America and the World: History, Culture & Law I immediately registered. I present here a personal tour of this project, well aware that this are experiences after just a few weeks, not the results of someone immersed into this subject over the years. On my blog slavery has appeared a few times as a secondary subject, but until now only once as the main subject of a post, ‘Remembering slavery’, about the abolition of slavery in Suriname in 1863 and its commemoration in 2013.

Making a tour

HeinOnline certainly has done some efforts to make its new collection as inviting as possible. Paul Finkelman (Albany Law School), the general editor of Slavery in America and the World, gives in the advertisement a concise overview of its main qualities. The core of this digital collection are the statutes and reported law cases concerning slavery in America – both on the state and the federal level – and the Anglophone world. There are more than one thousand pamphlets, many books on slavery and legal commentaries dealing with slavery published in essays and articles which are sometimes very difficult to find. In an introductory essay Finkelman discusses the historiographical background. He places the history of American slavery in the context of slavery worldwide, alas a continuing story in view of human trafficking and labor conditions which amount to slavery, and thus the history of slavery is not confined from around 1450 to the late nineteenth century. The collection contains numerous items from the twentieth century, too. Among libraries contributing to the digital collection Finkelman singles out Buffalo and Erie County Public Library.

The start screen of the slavery collection

Even without registering you can download the quick reference guide and the full introduction. Mentioning this you might smile like I do remembering the familiar instructions to students not to jump immediately to the matter you are searching for, but to make yourself familiar with a book by reading the preface and acknowledgements, scanning the chapters, checking for a bibliography, source references, credits for illustrations, and the presence of an index. It is seducing to jump into the ocean and go straight for your destination, but alas there is no plain sailing when studying the history of slavery. One of the assets in Hein’s digital collection are fifty monographs about slavery published by the University of North Carolina Press. Some of these books deal with the Caribbean and Latin-America, and this surely widens the dimensions of the project. The digital collection does allow you to browse all titles, periodicals and scholarly articles, and there are also a bibliographical section and a list of external links, the things users of other HeinOnline collections will expect as normal features. The meta-data of the titles selected for inclusion have been enriched with tagging about their position on slavery, the topics under discussion, the jurisdiction involved, and the document type.

For finding judicial cases the digital collection builds on Helen Tunnicliff Catterall’s Judicial Cases Concerning American Slavery and the Negro (5 vol., Washington, D.C. 1926-1937; reprint Shannon 1968) supplemented by state and federal cases, in particular from the United Stated Supreme Court. The statutes adduced stem not only from American states and the federal government, but also from former colonies. This sounds wonderful indeed, and I understand the lure of wanting to write as Finkelman does in his introduction that this collection “brings together, for the first time, all known legal materials on slavery in the United States and the English-speaking world”.

A complete collection?

How complete is this collection? There seems to be a paradox between the second half of the title of this digital collection, History, Culture & Law, and the claim to contain all legal materials. In my view questioning the completeness should probe in two directions in particular: First, are materials included for the periods that individual states had not yet entered the Union, and secondly, do statutes and cases indeed represent “all legal materials”? The collection contains slavery statutes from fifteen states, and federal cases from 24 states. The periodicals selected for inclusion are all marked as anti-slavery. You can imagine that in periodicals in favour of slavery sometimes more moderate views appeared. In theory a periodical might even have changed camps. No one can complain about the thoughtful inclusion of the British journal The Jurist and of sets of Congressional materials.

The section with scholarly articles and other documents has nine rubrics. For articles the year 1900 has been set as a useful divider. There are sections with book reviews, British slavery, cases and “foreign” – meaning non-British – cases. Judges, laws and statutes appear in separate sections, and there is even a section on “Historical Ancient Slavery” with a nice selection of articles in law journals up to a contribution by Paul J. Du Plessis from 2014. Before you start rejoicing too much it is time to read the notice these articles are only available online to subscribers or subscribing institutions. As a bibliographical asset this section is certainly most valuable. This brings me immediately to the section marked “Bibliography”. The first thing to notice here it is rather short. Relatively much space is given to reports, individual speeches and even cases. Some monographs appear twice for no good reason. You can view the titles only in two ways, alphabetically ordered by title or author.

The digital collection scores better with the fifty monographs published by UNC Press between 1985 and 2015. The list is not long enough to merit reworking in a database. Topics have been added to titles, something to consider at the very least for an update of the bibliographical section. With just ten links the choice of external websites is ridiculously small, even though I was pleased to see a link to a French website, Le droit des traites et des esclavages (CNRS). If this has been included to ensure this HeinOnline collection has a truly global coverage it does not come from its own strengths. I can understand to some extent the fear to point to digital collections from competitors in their branch, but this does not show much confidence. It is surely the global aspect that suffers most here.

However, not everything is as appalling as it might seem in these two last paragraphs. HeinOnline merits consideration on its own basic quality, presenting legal cases in a quick and convenient way. The search possibilities to find cases according to different characteristics are great, and you can download, print, enlarge and use other view facilities at will. The feature to link directly to other cases highlighted in the text of a case is most useful. The stream of relevant cases adduced here and readily available is most impressive and deserves praise.

I enjoyed very much looking at the section with digitized printed materials from the nineteenth to the twentieth century. You do not only find for example a nice choice of pamphlets and even volumes with collections of pamphlets, with special mention for the sixteen volumes of the series Slavery, Race and the American Legal System, 1700-1872: The Pamphlet Literature, edited by Paul Finkelman (Clark, NJ, 2007), and a number of useful bibliographies. The presence of novels, biographies, poems and songs does add a substantial cultural element to the collection. Only some forty items date from before 1800. A quarter of all digitized publications in the set stem from the period 1826-1850, and more than 400 items cover the period 1851-1875. The literature can be browsed in several ways (author, title, date and subject), and you can select literature using four filters (position, document type, jurisdiction, topic) with for each filter an apt drop down list of possible choices.

Alas more has to be said. I can accept as a matter of fact the citation forms used for the federal statutes, but would it not have been sensible to supply more information about the various state statutes used for this project? I am aware of The Indigo Book, the liber pauperum version of the Blue Book, with all niceties to refer correctly to all kind of legal materials. The legal problem of slavery in the United States during the nineteenth century was to a great extent a matter of apparent and real differences between state and federal jurisdiction and legislation, and – almost more importantly – their perception. In the bibliography of this digital collection I missed Eric Foner’s The Fiery Trial. Abraham Lincoln and American Slavery (New York 2010). Strangely Lincoln’s speeches are missing, too. Foner is not content with just following Lincoln’s political actions, but does at many point look at legal matters in particular states and on the national level. Foner looks at some of Lincoln’s 34 cases involving black people among the more than 5,000 cases Lincoln handled as a lawyer. I had expected to find in Hein’s open access digital collection the full texts of all cases, but instead you will find only references to them in the digitized literature and the summaries or at its best excerpts given by Catterall. No doubt this information will lead you elsewhere to the complete text of the relevant cases, but the claim “all legal materials” is diminished.

Logo of The Revised Dred Scott Collection

For one of the most influential cases in American legal history it is not only possible but necessary to look at the period between the original case before a circuit court and the epochal case before the Supreme Court ten years later. The new free digital collection does of course contain the Dred Scott case [Dred Scott, Plaintiff in Error, v. John F. A. Sandford 60 U.S. 393 (1856)]. I could not help noticing in the HeinOnline version under discussion how not every reference to cases adduced in this long verdict and the opinions of the judges has been highlighted and linked. In fact I would expect also highlights for and links to for the statutes invoked or mentioned in passing. The Dred Scott case started in 1846, and there is historical documentation for the subsequent phases of the case at the state level. Washington University, St. Louis, MO, has not only created The Revised Dred Scott Case Collection, but also a digital collection for St. Louis Circuit Court Records where you can find the original Dred Scott case and documents concerning seven (!) subsequent cases at St. Louis. In its section for judicial cases HeinOnline does not give a single federal case from Missouri, nor is any link to external resources given, not even at the Library of Congress. In this case Wikipedia does a better job.

Let my plea about this digital collection not only rest on the presence or absence of cases! Among the fugitive slave laws the Fugitive Slave Act of September 18, 1850, often referred to as the Compromise of 1850, stands out. It belongs in every collection dealing with this subject. To my utter disbelief I could not trace here the text of this landmark piece of legislation. In my search for an online version the exact text I seldom saw a correct and complete reference to the original act of Congress, let alone a legal reference. Here again Wikipedia got it right, although it does not include the text of 9 Stat. 462 [Chapter 60, 31. Congress, Session 1]. The Fugitive Slave Act of 1793 [1 Stat. 302] and even the Northwest Ordinance of 1787 are present; the latter is the very first federal statute of Slavery in America. It might be useful to add a concordance of popular names of laws and their official names.

Cases and statutes in context

I will not completely dismiss the efforts of HeinOnline for this new collection, but I can hardly avoid making some negative statements about it. It seems this firm thought it would suffice to create a historical version of their normal case finding system with the Catterall set as its heart, enhance it with a generous amount of relevant statutes, one thousand interesting (legal) pamphlets, and a thoughtful choice of recent scholarly literature, and launch it perhaps in conjunction with the long-awaited opening of the Smithsonian’s National Museum of African-American History and Culture in Washington, D.C.

Is it only a guess that HeinOnline has been blinded by its own success in making systems adapted to the needs of law schools? This new collection seems to me ideal as a tool on which law students in their first year can show some of their talents in finding legal information. However, even from a point of the development of American legal doctrine Slavery in America does not offer what it promises to do. With sometimes only incomplete cases it is impossible to determine what has been filtered out for any reason. If you believe legal history cannot exist properly without sufficient attention to legal institutions and social history, this digital collection is just a tool to be supplemented by other collections now widely available online, too, and a lot of them in open access.

As for the position of other countries you had better start inside the United States of America, by looking at the Territories, the states in North America that joined the United States between 1776 and 1861 but somehow are here undocumented, i.e. without cases and statutes. You might argue the materials from these territories are not United States legal materials, but they constitute certainly legal materials fit for inclusion. It is startling to see a collection marred by such barriers and omissions. Far more important is the fact that the subject of the place of slavery in law and society surfaced every time a new state wanted to enter the Union. Changes in political geography such as the Mason-Dixie line had immediate consequences regarding slavery, slaves and slave-owners, and former slaves. The thing that you would expect most here are the debates in Congress and in the various state senates concerning aspects of slavery. Of course I am aware this would result in a much larger digital collection, but I think this is necessary for a better understanding of statutes and cases. Hopefully such considerations will be taken into account for the massive Case Law Access Project at Harvard University.

To sum up my first impressions, HeinOnline has created an important but flawed digital collection. The 1,100 digitized publications form a great asset as do the digitized scholarly articles and periodicals. The digitized version of the Catterall set is most helpful. There are some distinct problems with the cases included and the internal references. In my view the choice of state statutes is too limited. The historical bibliography has some merits, but the list with external links is a howler. I pointed also to some real problems in creating a digital collection on this wide-ranging subject. Alas as for now you cannot find here “all legal materials” in open access. However, it does take courage and experience to bring such materials together in an easy navigable way. No doubt some of my criticisms can be easily repaired. Others should be addressed in a thorough explanation of the choices made in creating this digital collection. This will not only help law students and lawyers to benefit from this collection. On purpose I have not looked while writing this post at other reviews of Slavery in America and the World, but in fact I could only find a short announcement at the blog of the Canadian Osgoode Hall Law School Library.

Legal materials in open access

It would be wrong to create a picture of American law online as a treasure completely beyond the reach of normal people, but it certainly takes efforts to find legal materials for the United States online in open access. Creating here a full guide would take up too much space, but I can offer a kind of nutshell guide. To assess the role of commercial databases for American law you might want to look at Legal Databases: A Comparative Analysis (Center for Research Libraries). In particular the Hathi Trust Digital Library contains substantial materials in open access. Harvard Law School has a fine guide to legal materials in open access. The Legal Information Institute (Cornell University Law School) has an overview of state statutes in open access. The Jerome Hall Law Library (Indiana University) has created an online research guide for state legislative history. Sources in open access do not primarily bring you historical materials. Among the exceptions is The Supreme Court Database (Washington University), but this is primarily an indispensable search tool for decisions of the Supreme Court. The website of the American Society for Legal History has a fine links section guiding you to many aspects of US legal history. Anyway it is wise to start your online searches with the Law Library of the Library of Congress. Its web guide for U.S. States and territories is very helpful. Congress.gov is extending its coverage in the near future. Among the digital collections of the LoC you will find much that has relevance for the history of slavery, both in the section on government, law and politics, and in the African-American section. The American Memory portal of the LoC is sometimes more helpful in finding these collections.

By the way, HeinOnline is not the first firm in its branch to place some of its products in open access. LLMC Digital has created free access to The Documentary History of the Supreme Court of the United States, 1789-1800, Maeva Marcus et alii (eds.) (8 vol., New York, 1985-2004).

Slavery is a vast subject. On my legal history portal I hesitate to dedicate a complete page to it, but I do give there at least some of the websites which should help your research. The Yale Slavery and Abolition Portal is a good starting point, as are the digital collection of the institute behind it, the Gilder Lehrman Center for the Study of Slavery, Resistance & Abolition. You will not want to miss The Bibliography of Slavery and World Slaving, University of Virginia, Charlottesville, VA. I urge you to look for relevant online exhibitions in the superb database for online exhibits created by the Smithsonian Institution. Not yet included is the impressive virtual exhibit created by the Inner Temple Library in London, British Black History and the Law, which shows the long impact of slavery and discrimination. Among the best known digital collections concerning American slavery is the Samuel J. May Anti-Slavery Collection, Cornell University Library, but there is certainly more. If you want to check the quality of Paul Finkelman’s work in creating a set with a selection of pamphlets concerning slavery and abolition in facsimile you might want to look at some of the digitized pamphlet collections in the United States. For me it is a good thing to see that it matters indeed to look at pamphlets, too, when doing legal history. I feel happy to bring together commented links to relevant digitized pamphlet collections. If I have failed to detect things not clearly immediately transparent in Slavery in America and the World I welcome any constructive guidance to do more justice to it!

A postscript

For those who like myself would like to find the quickest way to US statutes in open access I add a link to the reinforced version of the Library of Congress’ Statutes at Large. The Fugitive Slave Act of 1850 can be found in the materials for the 31. Congress, but unfortunately the direct link to the relevant chapter (Ch. 60) was broken when I checked it. I am happy to report it has been quickly repaired. By the way, only after publishing this post I noticed it was Open Access Week

In the November 2016 newsletter about the collection HeinOnline points to additions and offers some guidance, in particular for the Slavery Quick Finder tool. In an image with an example the topic happens to be cases and trials based on one of the Fugitive Slave Acts. I tried to find one of these acts with this tool, but alas to no avail. The section with major statutes contains the statute of June 28, 1864 [13 Stat. 200; Chapter 166, 38 Congress, Session 1] which repeals the Fugitive Slave Acts of 1793 and 1850, with the year 1850 explicitly mentioned in the title, yet the 1850 document is still absent in this section. The links selection contains now sixteen links including some of the websites I mentioned here. In January 2017 the Fugitive Slave Act of 1850 was finally included at Slavery Online.

Legal rhetorics and reality in Early Modern France: The factums

Jeam Coras, Arrest memorable du Parlement de Tolose - edition 1565

Arrest memorable du Parlement de Tolose (…) – edition Lyon: Antoine Vincent, 1565 – copy Université de Toulouse

How can we be sure to view things as they really were in the historical sources we use for our research in the field of legal history? It is by all means wise to look as closely as possible at relevant sources, preferably close to the events and problems we want to study. In particular Natalie Zemon Davis and Arlette Farge have made us aware of the importance of narrative sources to deepen our understanding of French legal history in the Early Modern period. Davis gave us in Fiction in the archives. Pardon tales and their tellers in sixteenth-century France (Cambridge-Stanford, CA, 1987) both the true and the fictional stories, just as she had done earlier for Martin Guerre [The return of Martin Guerre (Cambridge, MA-London, 1983)]. Thanks to Davis the lettres de remission have become a well-known resource, used also for other periods, lately for example by Walter Prevenier and Peter Arnade, Honor, Vengeance, and Social Trouble. Pardon Letters in the Burgundian Low Countries (Ithaca, NY, 2015). Arlette Farge, too, alerted scholars to the way narratives, rhetorics and expectations shape perceptions of reality in judicial resources, in particular in her essay Le goût de l’archive (Paris 1987).

In this post I want to expand on some notes about another very interesting source, the factums or mémoires judiciaires, a term perhaps to be translated as legal briefs, which I mentioned in passing in one of my recent posts concerning the French Revolution. However, this particular source does already appear in the late sixteenth century and lives on well into the second half of the nineteenth century. The possibility to compare the development of a genre over a number of centuries is most appealing, and therefore I would like to introduce the factums. I owe here much to a short notice published in 2014 by Léo Mabmacien at his blog BiblioMab: Le monde autour des livres anciens et des bibliothèques. A post in July at his blog rekindled my interest. The existence of new digital collections with factums is a further prompt to share my thoughts about this resource which merit attention not only in the Anglophone but also in the Francophone world. For French readers one of the main points of attention should be here to look beyond the central institutions and a France centered around Paris.

Getting a fuller picture

Léo Mabmacien’s post about factums is a real treat. In crisp and clear French he succeeded in creating a nutshell guide to the subject which leaves little to desire. In fact the idea to give here only a translation crossed my mind, but I am happy to rely here heavily on his account. The term factum stems from the Latin. In medieval legal consilia, pieces of juridical advice for courts, the exposition of a case is often introduced with the words “Factum est tale”, the case is such and so. A factum or mémoire judiciaire contains both a description of the case, the faits, and also moyens (literally the “means”), arguments to be used to argue the outcome of the case. The length of a factum can be anything between a few and many hundred pages in cases where as appendices pieces of evidences and other materials were included. Most factums do not have a title page.

The existence of factums is most interesting given the fact that French criminal court proceedings were in principle secret, as stated in the Ordonnance criminelle of 1670. Each step of a case at court proceeded by producing written statements. The final verdict, too, was presented in writing only. Oral pleading was introduced in the eighteenth century for civil law cases. Factums offer a window on French legal history like few other sources can do. A blog post in 2010 on factums of the Bibliothèque nationale de France had the evocative title ‘Factum, vous-avez dit factum ? Qu’es aquo ?’, “Did you say factum? Whatever is that supposed to be?”, and cites Robert Darnton who wrote in an article for Le Monde in 1995 there are media under the Ancien Régime we have forgotten about: the rumor in public, the factums of lawyers, the messages in your hand, the newsletters, the improvised songs on existing melodies… Darnton took up this theme in his 1999 presidential address for the American Historical Association.

Under the Ancien Régime the word factum was used also for violent pieces of writing in which someone asserted his views with forceful arguments. The juridical factums, too, do not only give legal arguments, but all kind of motivation to ascertain the offensive or defensive position of a party. An ordinance of the Parlement de Paris from 1708 demanded that each factum be signed by a lawyer, and contained also the name of the printer, without any other formality. Thus factums escaped the vigilance of French censors, and could indeed become a kind of platform for any kind of opinion, provided they were signed by a barrister, yet another feature making this genre attractive for historians. Mabmacien concluded his post with references to the vast collection of factums held in Paris at the Bibliothèque nationale de France (BnF), and to a virtual exhibition on factums created by the municipal library of Clermont-Ferrand.

A new generation of scholars

Some of the research cited by Mabmacien stems from the eighties and nineties of the last century, but in fact a lot of work started before 1900. Augustin Corda began at the BnF with the Catalogue des factums et d’autres documents judiciaires antérieurs à 1790 (10 vol., Paris 1890-1936). Volume 7 is a supplement, the volumes 8 to 10 contain registers. You can consult the volumes 1 to 8 in the Hathi Trust Digital Library. Charles Patey had published a few years earlier a succinct overview of some 200 factums in the BnF related to Normandy [Factums normands conservés à la Bibliothèque nationale (Caen 1888; online in Gallica)]. Apart from the factums mentioned in Corda there are at the BnF two massive card box catalogues for a total of nearly 86,000 items. The main study used by Mabmacien is an article by Sarah Maza who studied with Robert Darnton. Her article ‘Le tribunal de la nation : les mémoires judiciaires et l’opinion publique à la fin de l’Ancien Régime’, Annales ESC 42/1 (1987) 73-90 is available online at the Persée portal. In 1997 appeared the French translation – Vies privées, affaires publiques. Les causes célèbres de la France prérévolutionnaire (Paris 1997) – of her monograph Private lives and public affairs: the causes célèbres of prerevolutionary France (Berkeley, etc,, 1993).

There is more scholarly literature in French available online, and I had in mind giving here a judicious amount of links. However, when I encountered at Theses, the portal for French Ph.D. theses, the very recently defended thesis of Géraldine Ther, La représentation des femmes dans les factums, 1770-1789. Jeux de rôles et de pouvoirs (Ph.D. thesis, Université de Dijon, 2015) with its rich bibliography I decided to restrict myself to a few recent publications. Ther investigated an intriguing theme, the representation of women, a theme emerging with force during the French Revolution, but with rather different relations between these events and the preceding period than you would expect. The acts of a symposium held in 2012 at the École de Droit of the Université d’Auvergne (Clermont-Ferrand) can be consulted online in a special issue of La Revue Centre Michel le Hôpital 3 (April 2013) [Découverte et valorisation d’une source juridique méconnue : le factum ou mémoire judiciaire (PDF)]. The contributors discuss factums as a source for legal history, look at a number of libraries with large collections, and staff members of these libraries discuss the current projects for cataloguing and digitization. A third recent online publication with attention for factums has as its focus lawyers in Marseille and transcends the supposed and real chronological watersheds of the French Revolution [Ugo Bellagamba, Les avocats à Marseille. Practiciens du droit et acteurs politiques (XVIIIe et XIXe siècles) (Aix-en-Provence 2015) – online at OpenEdition]. A number of relevant online publications is also included in the section on sources and bibliography of the virtual exhibition in Clermont-Ferrand.

ImpressionThanks to the hard work of librarians and scholars you can now get online access to a substantial variety of factums. Let’s start with the collection I first encountered, Tolosana, la bibliothèque virtuelle des fonds anciens, a collection of digitized books at the Université de Toulouse, with a substantial number of legal works between 1500 and 1850, among them 300 factums from the sixteenth century – just three items – to the nineteenth century (82 items). Looking back it is most fitting I bumped into these mémoires judiciaires in the context of the Calas affaire, but effectively it is the other way around that explains definitely also part of the impact of the publications around this cause célèbre. In particular you can find here some 300 factums and mémoires judiciaires. Interestingly, here, too, the Early Modern period does not end at 1789. The second collection is La Coutume et le droit en Auvergne, Patrimoine de Bibliothèque de Clermont, a digital collection of the Overnia portal with a great variety of legal resources on customary law, especially more than six hundred mémoires judiciaires in the section for sources procédurales. The tree structure of Overnia enables you to filter for a number major legal topics with temporal subdivisions; the general search function can assist you, too. A similar large but technically very simple collection is Droit en Provence et en outre-mer (Aix et Marseille Universités) which brings us a great variety of sources, in particular a number of digitized factums; this collection is held at Aix-en-Provence. The digital items are only available as PDF’s. It is a pity that only few of the announced items from the nineteenth century have already been digitized, but at least there is an overview of them. Some of the items are recueils, collections with sometimes scores of factums. With the fourth collection we return to Paris. The Bibliothèque Sainte-Geneviève has created a digital collection concerning droit (law) in the Internet Archive with nearly one thousand publications. Some 860 of them are factums et mémoires judiciaires.

Banner TolosanaThe first image in this post shows in black and white the title page of an early edition of a famous arrêt of the Parlement de Toulouse from 1560. This is a copy of the edition digitized for Tolosana. The book of Jean de Coras, a French legal humanist, contains his report on the very case of Martin Guerre. Nowadays it is easy to find a digital version of earlier – and later – editions using the Karlsruher Virtual Catalogue, and I will leave it to you to find them quickly. I did check in vain for this book in the Bibliothèque Virtuelle des Humanistes (Université de Tours) which figured here earlier in a post on legal humanism. However, you can trace this book  and its sixteenth-century editions and other works by Coras using the Universal Short Title Catalogue. Even if in this case Coras’ book uses a verdict of the case, and thus does not exactly present a mémoire judiciaire, its character is sufficiently close to factums to merit explicit mention here. It opens with a summary of the facts of the case, the factum, and then Coras comments the arrêt, sometimes word for word. Did I already say Tolosana does merit your attention by all means, and not just for two famous cases, Martin Guerre and the affaire Calas?

One of the factums in the Onslow case, 1830 - source: Overnia

“Consultations pour MM. Onslow puinés contre M. Georges Onslow”, 1832 – BM Clermont-Ferrand, no. A 10850 1 – image: Overnia

When looking for another image of a mémoire judiciaire I decided to look at the collection created at Clermont-Ferrand. By sheer luck I found very quickly something which can serve as a reminder not to look only at French legal history in isolation. The Overnia portal contains several sources documenting the life and works of Georges Onslow (1784-1853), a composer born at Clermont-Ferrand from an English family. After many successes as a composer of chamber music ill health forced him around 1830 to return to his native Auvergne. Other matters, too, clearly brought him trouble. In six factums written in 1830-1832 (nos. A 10850) the question of his right to inherit goods in England is discussed. Both French and English law figure in the arguments used by the respective lawyers. These sources can form a perfect starting point for yet another contribution about law and music in history, a theme figuring here lately, but anyone interested in comparative legal history might have a good look at them, too. You can easily compare these six documents with other mémoires in the section on successions of the Overnia portal.

At Clermont-Ferrand the university library has started the digitization of the 1100 factums in 40 volumes of the Cour d’Appel at Riom. As for now you can consult already nearly 100 factums collected by Jacques Godemel, and also one hundred factums collected by Jean-Baptiste Marie which cover the period from 1792 to 1812.

Searching more collections

In fact it is really important to keep in mind the wide coverage of subjects in this genre. This becomes clearer when you look for factums in French archives. Scholars using historical sources in French archives can usually rely on the strict order of archival collections. Often you can restrict yourself to one particular série marked with a letter or combination of letters. The Archives nationales de France have created for the série U a useful PDF which mentions a lot of factums and mémoires judiciaires. A search for factums in the holdings of the French national archives yields an impressive result showing multiple séries with factums, not just within the séries B (Cours et jurisdictions de l’Ancien Régime) or U (Justice).

In this post Robert Darnton’s name appeared already three times. In The business of enlightenment. A publishing history of the Encyclopédie, 1775-1800 (Cambridge, MA-London, 1979) Darnton mentioned just one factum without much explication about the nature of this source (p. 48). Anyway, he inspired some of his students to do research on and with factums. A few years ago Darnton put on his personal website 500 eighteenth-century police reports on authors written between 1748 and 1753 [Paris, BnF, ms. Nouv. acq. fr. 10781-107833]. It would be interesting to check for authors of factums published in the mid-eighteenth century in these police reports. We can be sure at least a few of them only pretended to be barristers. In the manuscripts section of Gallica you can now look at digitized records of the Archives de la Bastille, yet another resource where you might find among the prisoners and people under surveillance of the Parisian police force authors of pamphlets and factums. Add to them the data and maps available at the web site of the project The French Book Trade in Enlightenment Europe (University of Leeds and Western Sydney University) which focuses – as Darnton alrady did – on Neuchâtel, and you will be quite busy for some time with following all these avenues.

At the end of this post you might be tempted to conclude that factums only in Southern France and in Paris. At my website Rechtshistorie I have brought together commented lists of digital libraries for many countries, and France is particularly rich in digital collections. I checked for factums in a number of digital collections which feature works on customary law or are located in one of the French regions where the droit coutumier was important, and I looked at the towns which were once seats of the parlements, for example Bordeaux, Toulouse, Grenoble and Dijon. Only for Grenoble in the small collection Droit dauphinois of the Université de Grenoble 2 et 3 I found a few plaidoiries (pleas) and one single factum.

Why should one take the trouble of looking outside the main French online resources? Alas at the portal Patrimoine numérique I found only the digitized factums at Aix-en-Provence. At Fontes Historiae Iuris, the very useful digital library for French legal history created by the Centre d’Histoire Judiciaire (Université Lille-II) you can find in the section Consultations ou plaidoyers d’avocats for three parlements some collections of pleas and mémoires (Toulouse, Paris and Lille (Parlement de Flandre)). There are links to digitized recueils d’arrêts, collections of verdicts, for seven parlements. Even if factums are a remarkable source on its own, it is their judicial context which can make them even more special, and thus it is a small service to point at least to some courts and their printed verdicts. At Gallica’s Essentiels du droit you can benefit – mainly for the nineteenth century – from the digitized Recueil Dalloz and other series in the section Sources jurisprudentielles. The section Histoire du droit with a number of classic works on French law (Domat, Loisel, Pothier) and droit pénal, too, can be most useful. The webmaster of the Portail Numérique d’Histoire du Droit told me last year he would like to add more links to relevant digital collections in France, but he has few moments to fulfill this wish.

In the very week the World Wide Web exists 25 years you might indeed reflect a few moments on the long way the virtual world has gone since 1991. The proliferation of digital resources for many fields of culture and society is both a marvel and something really difficult to grasp and use. As for scholarly work on factums I am as surprised as anyone by the meagre results in the Bibliographie d’histoire de la justice Française (1789-2011) at the Criminicorpus portal. Using the advanced search mode of the Bibliographie d’histoire de droit en langue française (Université de Lorraine, Nancy) brings you only to a small number of additional relevant titles, but Ther shows there is certainly more to be found.

A search for catalogues of collections of mémoire judiciaires yields currently apart from the two catalogues for the BnF a work by Jacques Droin for collections held in Geneva, the Catalogue des factums judiciaires genevois sous l’Ancien régime (Paris-Genève 1988). You might want to read the article by Michel Porret, ‘L’éloge du factum : autour des mémoires judiciaires genevois’, Revue Suisse d’Histoire 42/1 (1992) 94-99 [online, e-Periodica]. A quick search among digital collections of some Swiss towns, in particular Geneva and Neuchâtel, did not bring me yet to more digitized mémoires judiciaires. Factums and briefs appear in contemporary law, too, for example in Canada, but here we arrive of the end of my post. At the brink of the rentrée, the start of all activities in France after the summer holidays, I hope to have awakened your curiosity for a fascinating source and to have given you some guidance for your own investigations.

A postscript

How can one search quickly for French scholarly publications when some online bibliographies seem currently not as helpful as you would like them to be? At Isidore, a French research portal, I could find more literature about factums and even links to digitized items. Some other libraries I did not mention here contain also some digital copies of factums, but they are not part of a mass digitization project. The digital portal Mémoire vive of the town Besançon is an example with some twenty digitized factums. A second thing worth noticing is the policy at Gallica, the digital library of the BnF, to harvest also digital materials from partner libraries. Thus factums at the Bibliothèque Sainte-Geneviève, Toulouse and Clermont-Ferrand can be found at Gallica. More surprisingly it becomes clear that the BnF, too, has digitized possibly many hundred factums, but alas the exact number is not established easily, because the filter function does not contain a filter for descriptions of factums from the vast collection of factums at the BnF in which the word Factum has been put at the very beginning of each description.

Eric Panthou alerted me to the additions to the digital collection at Clermont-Ferrand for the Cour d’Appel de Riom. It contains now nearly 900 factums in four collections. nThe Bibliothèque Clermont Université will organize a one-day symposium concerning factums on June 19, 2017, Valorisation d’une source historique originale : la numérisation des factums de la Cour d’Appel de Riom.

At a few turns i have complained in the past about the lack of attention to sources for French customary law in Gallica. For some years the section Essentiels du droit dealt only with law at the national level. The new subsection Sources du droit coutumier et local fills this evident gap. The only snag is that you cannot click on the images of the title pages on the starting page, you will have to use the menu on the left. At the portal Fontes Historiae Iuris (Université Lille-2) you can find not only editions of French customary law but also treatises about them.

Publishing laws in Early Modern Italy

This month I could add a number of digital resources for legal history to my website Rechtshistorie, but with summertime approaching I could not help asking myself during some fleeting moments whether scholars actually use these resources. However, when I encountered in a collection held at Het Utrechts Archief, the municipal and provincial archives of the city and province Utrecht, a seventeenth-century piece of printed ecclesiastical legislation from Italy I was only too happy to be able to use these online resources. In this post I offer a small tour of projects concerning legislation in Italy during the Early Modern Period.

What’s in a name?

My curiosity was evoked by a notice in an inventory about a publication in print of a condemnation by pope Innocent XI in 1679 of sixty-five theses concerning probabilism, an approach of Christian beliefs building on the works of some Jesuit theologians in the seventeenth century. Being a medievalist my first reaction was to look at the formal aspects of this publication: Is it a papal bull, a decree, a letter, a motu proprio or something else? Each of this forms has its own characteristics which can be used in particular to determine its age and nature, whether it is truly a papal publication, a forgery or something else.

The condemnation by pope Innocent XI - image Rome, Biblioteca Casanatense

The condemnation of probabilism by pope Innocent XI, 1679 – Rome, Biblioteca Casanatense, Per.est 18_14.313

Let’s look at the document I encountered, and I use here an image from an Italian database for Early Modern ecclesiastical legislation. Within the Scaffali digitali, the digital library of the Biblioteca Casanatense in Rome, the series of nearly 1,100 editti e bandi pontifici take pride of place. The Scaffali digitali can be viewed in Italian and English. In fact this collection can be accessed also using the portal site Internet Culturale. The first thing to notice in this digital collection is the presence of two editions of this text both issued on March 2, 1679. The edition I found is almost a poster, and described at the Casanatense as a manifesto. The other edition (shelfmark Per.est. 18_14.311) is a quire in folio format, a small booklet. The identical title of both documents, Feria 5. die 2. Martij 1679. In generali Congregatione sanctae Romanae, & vniuersalis Inquisitionis habita in Palatio Apostolico Vaticano coram sanctissimo D.N.D. Innocentio diuina prouidentia papa 11. (…), mentions in both cases clearly the congregation for the inquisition, the Congregazione dell’Inquisizione. The Latin text states clearly that pope Innocent was at a meeting of this congregation to promulgate his condemnation. From this I would conclude this condemnation is a decree published by the Roman inquisition of a papal condemnation. The description in the inventory at Utrecht will have to be adjusted to do justice to the nature of this document.

As for its theological and doctrinal continent it might be wise to add a note to the well-known standard editions of texts concerning doctrines of faith, the Enchiridion symbolorum, definitionum et declarationum de rebus fidei et morum edited by Heinrich Denzinger. The only trick is to indicate clearly the edition you used because in modern editions the numbering has been reshuffled (2101-2167 against 1151-1216). There are translations of Denzinger in several languages. In at least one online version Denzinger gives as the title for the sixty-five condemned propositions Propositiones LXV condemnatae in Decreto Sancti Officii.

Header Internet Culturale

At the Biblioteca Nazionale Centrale di Rome is yet another collection with digitized ecclesiastical legislation, Bandi e bolli pontificie del XVI secolo, accessible at Internet Culturale, the digital portal of a number of Italian libraries with a multilingual interface, but this collection is limited to the sixteenth century. It is a reminder to look not only in the several constituent parts of the Corpus Iuris Canonici for canon law as it was brought together since the sixteenth century, but also in the material sources of law which sometimes did touch the whole Church as much as this main set of canonical collections. The position of the papal states and the Vatican within the borders of Italy inevitably make it necessary to look for its legal history not just at legislation for the Catholic Church, but also at sources elsewhere in Italy. I would almost forget to underline that reading the original publication adds a dimension to studying theological developments in the seventeenth century.

Old Italian laws at your screen

So far I have already mentioned editti, edicts, bolle, bulls, and bandi, an almost untranslatable word, and more terms will follow. Yet bandi with the singular bando is the word most used for publications of single laws and decrees. The entry Bando in the online version of the Enciclopedia Treccani interestingly links the word bando and banno with the German word Bann. The word bandit stems from bandito, someone banned, i.e. expelled by formal proclamation. The Fondazione Querini Stampalia has created at Internet Culturale the digital collection Vox Venetica: Bandi della Repubblica Venezia di secoli 16-17 with more than three thousand legal proclamations from Venice. Even if this is not actually a digital collections it is useful to point to the project Ecclesiae Venetae of the Venetian Archivio di Stato and other partner institutions with online inventories of the archives of ecclesiastical institutions, with special attention to Italian archives concerning the inquisition. The Archivio di Stato di Venezia has started digitizing thirteenth-century charters in volgare in the project Chartae Vulgares Antiquiores. Bologna is in the Early Modern period a case of a city under the aegis of the papal state. The cardinal-legate reigning Bologna issued many thousands municipal ordinances and decrees for which the Biblioteca Comunale dell’Archiginnasio has made La Raccolta dei Bandi Merlani, a digital collection with publications printed between 1601 and 1796. Nearly 23,000 of some 75,000 items have been digitized. It is perhaps wise to point to the online introduction Il governo di Bologna. Amministratizione comunale dal 1141 al 1945.

In Milan we encounter different terms, gridi and gridari. The Istituto di Teoria e Tecniche dell’Informazione Giuridica, part of the Italian national science foundation Consiglio Nazionale delle Ricerche, has created the collection for Le gride e gli editi dello Stato di Milano (1560-1796). One has to register before you can use these digitized sources. A part of the same ground is covered by the project I gridari del ducato di Milano nel XVIII secolo of the Università degli Studi di Milano. A third project brings you to Gride e Gridari Seicenteschi del Ducato di Milano (1600-1700) with 47 digitized gridari, accessible at the portal Lombardia Beni Culturali, a cultural heritage portal for the region Lombardy. This portal has also a section with nineteenth-century legislation in the field of public law in Lombardy, the Archivio lombardo della legislazione storica (1749-1859). Lombardia Beni Culturali is home to more projects with connections to legal history, for example the Codice diplomatico della Lombardia medievale and registers from the chancery of Francesco I Sforza (1450-1466), but here we leave the field of Early Modern legislation.

On my webpage with digital libraries I have put together a lot of commented links for Italy. I cannot vouch for its completeness, but it would be excessive to repeat here verbatim everything you can find there. The new portal BibVio, Biblioteche virtuali online of the main Italian research libraries, including 46 Italian biblioteche pubbliche statali, deserves mentioning here, however it does not bring an easy overview of their digital presence. I would have loved to write here about Florence, but I can provide you here at least the links to Archivi Storici Toscani, a portal focusing on municipal archives in Tuscany, and the portal Archivi in Toscana, and for archives in Italy the portal of the Direzione generale per gli archivi. A recent digital publication in its digital library using materials pertaining also to Florentine legal history is the volume l carteggio della Signoria fiorentina all’epoca del cancellierato di Carlo Marsuppini (1444-1453) edited by Raffaela Maria Zaccaria (2015) (online, PDF, 4,7 MB). This digital library contains more publications which touch upon both legal and ecclesiastical history. The Archivio di Stato in Florence and its veritable portal to the history of Florence should be both online and in real life a fine starting point to find and use more. Seeing the decree of Innocent XI and the collections digitized in Rome brought me happy memories of my visits to the Biblioteca Casanatense.

Opening a book: Legal consulting in the Dutch Republic

A post at my blog in December brought you to three foundations created in Utrecht by seventeenth-century Dutch lawyers. In this post I will look again at one of them, Evert van de Poll, and in particular at traces of his work as a lawyer. Van de Poll had become the advocate of the States of Utrecht and councillor in the provincial court of Utrecht. In his will he had stipulated his books should become part of the municipal library, in 1634 an important collection at the start of the university library at Utrecht. The books in the spotlight of this contribution which fits into my series Opening a book are collections with legal consultations from the seventeenth century. Dealing with them is not a straightforward business, and I will show here some of the problems you encounter when approaching this juridical genre.

J. van Kuyk, the author of the brief biographical notice on Evert van de Poll (around 1560-1602) in the Nieuw Nederlandsch Biografisch Woordenboek (10 vol., Leiden, 1911-1937) II [1912], col. 1114-1115 – online at Biografisch Portaal – refers to a juridical consultation signed by Van de Poll and included in the Hollandsche Consultatiën, in the third volume published in 1662, no. 95. Alas tracking this reference is not as straightforward as Van Kuyk might have thought, because there are several editions of the Consultatiën, advysen en advertissementen, gegeven ende geschreven by verscheyden treffelijcke rechts-geleerden in Holland. It took me some time to find a digital version of this work. Joannes Naeranus published at Rotterdam editions of this work in six volumes, but he did not publish the volumes in consecutive order, a nice challenge for bibliographers. The first set appeared at Rotterdam between 1645 and 1666 with also an Amsterdam version of the third volume (1647), the second set between 1648 and 1669, and the third set between 1661 and 1670. A fourth set was printed from 1683 onward by his successor Isaac Naeranus. There are also sets printed in Amsterdam from 1716 and 1728, in their turn also reprinted.

The Karlsruher Virtueller Katalog does not bring you to a digital version of the right volume from this edition, and after trying some portals to digitized books – actually the Dutch Delpher portal, the portal of the Polish Digital Libraries Federation and the Spanish Biblioteca Virtual del Patrimonio Bibliográfico – it slowly dawned upon me this book might be included at a subscriber’s only project. and thus out of reach for the average researcher. The Firm with the Famous Online Search Engine has digitized volumes from the edition Amsterdam-Utrecht 1736-1768 in the library of the University of Amsterdam, and at Amsterdam are other sets as well. By sheer luck I started my online search in subscribers’ online collections with Early European Books [EEB], a commercial project with for users in the Netherlands free access to books held at the Dutch Royal Library. At first I seemed to have asked for too much, because when looking for consultatiën only other works with Dutch juridical consultations from the seventeenth and eighteenth century appeared to have been digitized, in itself a substantial harvest.

eeb-consultatien-1662

Only when I tried rather desperately to find digitized copies of works published by Naeranus the third volume of the edition Rotterdam 1662 [4°, [8], 716, [68] p.] did appear, and something else became clear, too. On close inspection of the first thirteen results from a title search at EBB I should have noticed the five digitized volumes of the Consultatiën are not from the same edition. For one volume the actual number of volumes of a set was indicated in the search results, and thus I wondered why the Royal Library seemingly did not digitize an entire set. To all appearances it seems that for a number of works in EEB only a part of the title has been included within the meta-data. In the screen print here above you can see “Het derde deel” has been entered as the title, and not the full title, even though you can see at the right the actual title page. For some other volumes the part of the title with the volume number has been recorded as an alternative title. You can imagine how I looked at my computer screen in utter disbelief at this digitization record! A proper description of multi-volume works is distinctly different. Let the record show that the library catalogue at The Hague does contain correct information, but only the Short Title Catalogue Netherlands (STCN) makes you unequivocally aware of the exact composition of the sets, but neither catalogue mentions the digitization, something the STCN does normally. The Nederlandse Centrale Catalogus, the Dutch Central Catalogue, only accessible for subscribers and cardholders of the Royal Library, adds only for one eighteenth-century set the digitization by The Firm (6 vol., Amsterdam: Boom and Van Poolsum, 1736-1768). The NCC’s information about holding libraries is not complete, and without the STCN you would not notice this defect. Anyway a caveat lector seems first of all appropriate when you use Early European Books.

Dutch books in American libraries

Logo Hathi Trust

When searching all this information for your benefit, and surely also to learn something myself, I realized the great search engine of the Karlsruhe Virtual Catalogue does not offer much in the field of American libraries apart from the Hathi Trust and the Internet Archive. WorldCat is not always helpful with books printed before 1800, although I did look at the beta version of OCLC’s new Classify tool to see how this set is described. Luckily you can since a few months search online in The National Union-Catalogue, pre-1956 imprints (…) [NUC] (754 vol., London 1968-1981), digitized for the Hathi Trust Digital Library at the University of Michigan with the help of other institutions and the original publisher. You can search individual volumes of the NUC, but when you use the advanced full-text search mode with the full-text search field for your own search term(s) and setting the title field to “National union catalog, pre-1956”, you can conduct a multi-volume search. The Library of Congress provides a handy PDF with the tables of content for each NUC volume. The only additional trick is probably memorizing quickly at least some of the abbreviated codes for library locations printed at the start of each volume. Unfortunately it seems only a copy at the Library of Congress appears in the NUC, first without a clear indication in vol. 25, p. 529, but completed in the supplementary volume 713, p. 247. In the midst of all bibliographical details it is perhaps necessary to say the Hathi Trust Digital Library does not contain any digitized set of the Consultatiën.

Frontispice first volume of the 1648-1666 edition of the Consultatiën

Frontispice of the first volume of the 1648-1669 Rotterdam edition of the Consultatiën – image Yale University, Lillian Goldman Law Library, Rare 26 10-0473 v.1

Another approach to find sets in the United States might be checking only the catalogues of some major collections where for good reasons you can expect the presence of a particular work. The Library of Congress has indeed sets from both the seventeenth and the eighteenth century, Harvard has two sets from the eighteenth century. The Robbins Collection at Berkeley has what seems to me according to the Melvyl catalog for Californian libraries a mixed set printed at Rotterdam, and two eighteenth-century sets. Columbia has three eighteenth-century sets, and there is one incomplete seventeenth-century set with some volumes from later editions. The Orbis catalog of Yale University Library does not include the set of the second – or maybe the first because of the third volume printed in 1647 at Amsterdam? – Rotterdam edition at the Lillian Goldman Law Library, its volumes are described in the Morris catalog. I did not find any set at Stanford, Cornell and Boston College.

Title page third volue (1662)

The title page of the third volume (1662) – copy Amsterdam, Vrije Universiteit – image STCN

At this point it might at last become very clear that you will need to create or use reliable bibliographical information in order to determine and assess exactly which book you are looking at. How sure can we be that the sets mentioned above are indeed original sets? The library of the Max-Planck-Institut für europäische Rechtsgeschichte in Frankfurt am Main houses a very large collection of old Dutch juridical books, and there is a most detailed separate catalogue by Douglas Osler, 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). The STCN gives detailed bibliographical information about each volume of the various sets with consultatiën, advysen en advertissementen, in fact more than the online catalogue of the library at Frankfurt. However, having a printed catalogue at your disposal is not always enough. The catalogue of old books at the Library of the Hoge Raad, the Dutch Supreme Court, does not indicate the printing date of the volumes in their sets.1 The Law Library of Utrecht University does provide in its own summary catalogue and in the main library catalogue sufficient indication of each volume within a set, thus corroborating our information. You will need such information in the face of sequels to our subject, such as the Nieuwe consultatiën, and because of the existence of similar sets for Gelre (Guelders) and Utrecht, with often very similar titles.

Van de Poll cum suis on feudal law

I had better tell you now more about consultation no. 95. It deals with a case in feudal law in Guelders. The case description and the consultation are to be found at pp. 319-323 and were signed on September 20, 1597 by Cornelis Oem, Folkert van Montzema, “E. Pollio” and Folkert Oem. The books from Van de Poll’s legacy at Utrecht University show as their provenance ex dono E. Pollionis. The councillors of the court at Utrecht issued this opinion in an appeal procedure from the provincial court of Guelders where Pieter Doois, dean of the church in Deventer, had brought the case against his younger brother Dirk concerning a fief called Madakker. Earlier Pieter had sold the possession of this fief at the feudal court of the provost (proosdij) of Salland in Deventer. Among the issues at stake was the jurisdiction and law valid for cases concerning a fief, that of its location or that of the court under which it belonged, in this case either the feudal customary law of the proosdij or those of the duchy of Guelders. To complicate matters the appellant pointed also to the matrimonial contract from 1556 which had been confirmed by the lord of his fief. With remarkable speed and economy the councillors at Utrecht decided that this case fell under the feudal law of Guelders. The conditions in the matrimonial contract were null and void. This learned opinion mixes Dutch – with a distinct Eastern flavour – printed in a Fraktur like type with sentences and references in Latin printed in Roman type. Van Kuyk did probably use a register to the six volumes in order to find this reference, probably the earliest register printed in 1696 as a seventh volume of the last seventeenth-century set. The 1696 edition can be viewed online at Early European Books, and I did not find an author index in this volume. Van Kuyk probably used another edition.

Some conclusions

At the end of this post I would like to stress how necessary it is to conduct a full bibliographical search into the printing history of these Dutch consultations before pronouncing with any certainty on the completeness of any set. In this case it is not enough to rely exclusively on the main online catalogues and meta-catalogues. A second conclusion is that even if you are used to sailing the oceans of law and old editions there are some foggy regions. In fact I have hesitated very much about writing this post which does offer only a glimpse of much more work to be done before using these sets with legal consultations in a sensible way. Of course it is very useful that the editors of Grotius’ Inleidinge tot de Hollandsche rechts-geleerdheid, F. Dovring, H.F.W.D. Fischer and E.M. Meijers (eds.) (2nd ed., Leiden 1965) provide a concise overview of consultations signed by Grotius on the base of the 1696 register to the Hollandsche Consultatiën, but they only copied the seventeenth-century summaries. In my view finding an edition of old legal consultations is just a start. The background of the lawyers and the edition should rightfully claim our attention, too, in order to establish its value as a historical source. It is seducing to use digital collections as a kind of sea from which you can haul your information without much ado, but alas this is an illusion exposed already long ago. My encounter with Early European Books may serve as a warning that digital resources can be deceptive. Digital libraries might neglect bibliographical accuracy at their own peril, and this is true for scholars, too.

Notes

1. P.P. Schmidt, Catalogus oude drukken in de bibliotheek van de Hoge Raad der Nederlanden (Zwolle 1988) and Joost Pikkemaat, The old library of the Supreme Court of the Netherlands (Hilversum 2008), with on a cd-rom Schmidt’s catalogue.